Loading...
HomeMy WebLinkAboutAgenda Council Agenda 022703City of Palm Beach Gardens Council Agenda February 27, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL PUBLIC HEARING February 27, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / 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: IX. PUBLIC HEARINGS: (Page 4 Resolution 32, 2003 — Storm water Restoration. A resolution of the City Council of the City of Palm Beach Gardens, Florida, electing to use the uniform method of collecting non -ad valorem assessments levied within the incorporated area of the City for storm water restoration; stating a need for such levy; providing for the mailing of this resolution; providing for the repeal of resolution 154, 1999; providing for conflicts; providing for severability; and providing for an effective date. b. (Page 16) Resolution 33, 2003 — Storm water Maintenance and Operation. A resolution of the City Council of the City of Palm Beach Gardens, Florida, electing to use the uniform method of collecting non -ad valorem assessments levied within the incorporated area of the City for storm water maintenance and operation; stating a need for such levy; providing for the mailing of this resolution; providing for the repeal of resolution 154, 1999; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: XL ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 8626, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 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. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 18, 2003 Meeting Date: February 27, 2003 Resolution 32, 2003 Subject /Agenda Item: A Resolution of the City Council of the City of Palm Beach Gardens electing to use the uniform method of collecting non -ad valorem assessments levied within the incorporated area of the City for stormwater restoration. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $_ Council Action: (Total) City Attorney [ ] Approved $_ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Feb. 8, 12, 19 & 25, 2003 [ ]Other Paper: Palm Beach Post Submitted by: [ ] Not Required Sheryl L. Stewart, Assist apt to City Manager Departmen erector Affected parties ] Notified Budget Acct. #: [ ] None Approv by: City anager [ ] Not required Date Prepared: February 18, 2003 Meeting Date: February 27, 2003 Resolution 32, 2003 BACKGROUND: At the City Council meeting on January 16, 2003, the City Council unanimously passed a motion to adopt the Blue Ribbon Panel's "Report on Canal System Restoration and Maintenance ", and directed staff to proceed with implementing its findings. In the Report's conclusion, the Panel recommends a funding strategy to establish two special assessment districts for canal system restoration and maintenance. The non -ad valorem assessments would be for the purpose of restoring the central stormwater system for the City and then providing for a source of funds for perpetual maintenance. At the City Council meeting on February 6, 2003, the City Council unanimously passed a motion to approve staff's request to proceed with the legal procedural requirements to levy the non -ad valorem assessments, and authorized the City Manager to move forward with obtaining the consent of the Palm Beach County Property Appraiser and Tax Collector. These requirements must be met under Chapter 197, Florida Statutes in order to collect any additional assessments in Fiscal Year 2003 -04. In accordance with Chapter 197, notice of the City's intent to consider a resolution electing to use the uniform method of collecting the non -ad valorem assessments at a public hearing on February 27, 2003 was advertised in the Palm Beach Post on February 8, 12, 19 and 25, 2003. As mandated by statute, the resolution must be adopted by March 1, 2003, and a copy must be sent to the Palm Beach County Appraiser and Tax Collector by March 10, 2003. As indicated by the attached letters, the City has obtained consent from the Property Appraiser and Tax Collector to consider this matter. For clarification purposes, the Property Appraiser also requested that the City repeal a similar previous Resolution 154, 1999. Although never utilized, the Property Appraiser has maintained Resolution 154, 1999 on file from when the City was considering special assessments for the provision of stormwater management services and facilities for Fiscal Year 2000 -01. The attached Resolution 32, 2003 states that the previous Resolution 154, 1999 would be repealed. Since two special assessment districts are being considered at this time, two resolutions must be adopted according to statute, one for the restoration and one for the maintenance. These resolutions do not commit the City to actually collect any assessments or define the assessment rates. They do, however, meet the legal procedural requirements for the City to establish its intent to consider collecting such assessments on the Palm Beach County Tax Collector's tax bill. STAFF RECOMMENDATION: Staff recommends approval of Resolution 32, 2003. RESOLUTION: (See Attachment for Resolution 32, 2003) CITY OF PALM BEACH GARDENS RESOLUTION 32, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY FOR STORMWATER RESTORATION; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; PROVIDING FOR THE REPEAL OF RESOLUTION 154, 1999; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida (the "City ") is contemplating the imposition of non -ad valorem assessments for the restoration of the City's stormwater system; and WHEREAS, the City intends to use the uniform method for collecting non -ad valorem assessments for the cost of providing restoration to properties within the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such assessments to be collected annually commencing in November 2003, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A and incorporated herein; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. 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: Commencing with the Fiscal Year beginning on October 1, 2003, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of restoring its stormwater system. Such non -ad valorem assessments shall be levied within the incorporated area of the City. A map depicting the area subject to the assessment is attached hereto as Exhibit B and incorporated herein by reference. SECTION 3: The City hereby determines that the levy of the assessments is needed to fund the cost of restoration of its system within the incorporated area of the City. SECTION 4: Pursuant to section 197.3632, Florida Statutes, the Palm Beach County Tax Collector and the Palm Beach County Property Appraiser have agreed that the City may have until March 1, 2003 to adopt this Resolution; such agreements being attached hereto as Composite Exhibit C and incorporated herein by reference. SECTION 5: Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by March 10, 2003. SECTION 6: The City Council hereby repeals Resolution 154, 1999, approved on December 16, 1999. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTIONS: 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. SECTION 9: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 27th day of February, 2003. Attest: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR COUNCIL MEMBER CLARK COUNCIL MEMBER RUSSO COUNCIL MEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA MAYOR ERIC JABLIN AYE NAY ABSENT EXHIBIT A PROOF OF PUBLICATION r LD. 17. Gtuu,3 3• l lr'PI k- L -H5Dlr 1LL I'". "r- r". G13NV. 304942 THE PALM BEACH POST NOTICE OF INTENT TO Published Daily and Smmday METHOD OF CO West Palm. Beach, Palm Beach County, Florida NON -AD VALOREM I The City of Palm Beach Gardens, PROOF OF PUBLICATION provides notice, pursuant to section 1' utes, of its intent to use the uniform n STATE OF FLORIDA valorem assessments to be levied with wit Ciys for certain costs COUNTY OF PALM BEACH tthe stomweate system mmd enci Before the undersigned authority personally appeared Wendy EUtoM who bn oath says that she ning on October 1, 2003. The Ciir Will resolution electing to use the uniform is Telephone Sates Supervidor of The Palm Beach Post, a daily and Sunday newspaper Beach in Palm. Beach County, Florida; that the attached copy of assessments authorized by section 197 published at West Palm advertising, be' Notice in the matterr of Non Ad valorem Assessments was published in said atng, tttt; � P public hearing h to 6e held at 7al p.m 10500 North Military Trail Palm Bet newspaper in the issues of Februan 8, 1.2, & 19. 2003. Affiant fiutl= says that the said The resolution will state the need for the tea Post is a newspaper published at West Palm Beach, in said Palm Beach Coupry, Florida, and that County, description of the boundaries of the I levies. Copies of the proposed form o the said newspaper has heretofore been continuously published in sai4 Palm Beach Florida, daily and Sunday and lmas been emtered as secoud class mail matter 41: the post office in the tees) descripption of the real proppe an Fle at 11� Office of the City Cler West Palm Beach, in said Palm Beach County, Florida, fox a period of one year next preceding Flormdo. All Interested persons are invite the first publication of the attached copy of advertisement; ad aunt further says that she/he the any person deckles to has neither aid nor promised any person, firm or tion any discount rebate, commission P P corpora respect CIy with rospect to any master rulotint City or refund for die purpose of securing this advertisement for publication in tbo said newspaper. resolution at the above - referenced puk proceeding may be needed and in sud fJ need to ensure that a verbatim rota ,� mode, which record includes the win �, Sworn to and snbscxibed before this 19 day of F ruary, A. .2003 t+dcr the op col is to be bassi. In accoDisabilities Act, persons needing a sF interpreter to participate in this procer of Palm Beach Garens (561) 799 -41 Z: the hearing. Personally known XX or Pxodueed Idendilkativu _ DATED this 6th day of February, i Type of Identification Produced ' ' By Order of aT PUBLISH: Feb. 8, 12,19 & 2 r XAREN M McLlWrON + MyCOMMStSIONNe;COD600 ?.Oro VAPIRES; N'v Ii, MA +FOOD zwO��.hY R NvMS' 4 AgnWna, USC F tti. 17. CF�10.� .7' 11YI'I ULH5511- ILWK332 NOTICE OF INTENT TO USE U1 METHOD OF COUEON' NON -AD VALOREM ASSESSI The City of Palm Beach Gardens, Florida f t*e 10ty1l hW4 provides notice, pursuant to section 197,3632(3)(1 i Floridai Stat- utes, of its intent to use the uniform method ofIeo�ectirtg nbn -ad valorem assessments to be levied within the incorporated anew of re the City, for certain costs associated with restoring and maintaining U Glys stormwater m commencing for the Fiscal Year begin- ning an October 1,2403. The City will consider the adolpioo of a resolution electing to use the uniform method of caQectingi such assessments authorized section 197.3632, Flortdg Sta", at a public hearing to be held at 7:00 p.m. on February 27, 2003, at 10500 North Military Trail, Palm Beads Gardens, � Florida, Such resolution will state the need for the levies and will *ntoin o description of the boundaries of the real property subieer p e Was. Copies of the proposed form of resolution, vrhic r:ortains the legal desc ip�BYYon of the real propery subject to%e levier;, are on file at the office of the City Cbrk of Palm Beach GaMensr Florda, All interested persons are invited to attend. In the event any person decides to appeal any City with respect to any matter relotin to the core resolution at, the above - referenced public hearing, proceeding maybe needed and in such an event, s need to ensure that a Verbatim record of the pi made, which record includes the testimony and evi the appeal is to be based. In accordance with the Disabilities Act, persons needing a speaal oceom Ision by the ation of the :cord of the Pon m% herearing is re on which ericans with interpreter to participate in this proceeding should contact' of Palm Beach Garens (561) 799-4122, 7 days prioid to the the hearing. DATED this loth day of February, 2003. or an e City late of By Order oF. nT0 f G fit]ENB, D t1A PUBLISH: Feb. 8,12,19&25,2 3 ivu. edL' Y. J/j EXHIBIT B PALM BEACH GARDENS, FLORIDA MORE PARTICULARLY DESCRIBED AS THE CITY OF PALM BEACH GARDENS, FLORIDA 9fr nil h [ FOUF MPH r! l,II IIHP1 P 11 1-, 11111 Jom Ulm IN PM Phil AIMS d id n how''M., e�, YllIL ,0 _ 150! '! COMPOSITE EXHIBIT C AGREEMENTS WITH PROPERTY APPRAISER AND TAX COLLECTOR 02/13/2003 16:06 5613553963 PBC PROP PAGE 02/02 GOVERNMENTAL CENTER - FjFTH FLOOR 301 -Nonni OLIvB AVENUE WCST PALM BEACH, FLORIDA 33401 r TeL: (561) 355 -3230 FAx: (561) 35S -3963 February 13, 2003 City of Palm Reach Gardens c/o Ronald M. Ferris, City Manager 10500 N. Military Trail Palm Beach Gardens, FI 33410 -4698 Dear Mr. Ferris: GARY R. NIKOLITS, Cf A PALM BEAC11 Covi%Ty PROPERTY AremiseR Letter sent via Fax and U.S. Mail Your request for an extension to adopt a resolution to permit the City to levy non ad valorem assessments for stormwater improvements and maintenance starting In Fiscal year 2003 -04 has been granted. The new deadline authorized by the statute will be March 1, 2003. Our records indicate a similar resolution 154,1999 was passed on December 16, 1999. Although never utilized, my office continues to maintain parcels files indicating a potential tax levy on properties covered by this resolution. It would be appreciated if you would rescind this previous resolution so that we are not placed in the position of maintaining two authorizing resolutions for the same purpose. If you have any questions regarding this matter, please contact Dino Maniotis, Tax Roll Coordinator at 355 -2681. Si rely, GARY R. N KOLITS, CFA PALM BEACH COUNTY PROPERTY APPRAISER cc: Dino Maniotis, CFE WEST COUNTY NORTH COUNTY SERVICE CENTER SERVICE CENTER 2976 4rnre RU.aD 15 3188 PGA BLVD. 13kur: GLAm, t✓ L '334.30 PALM BEAU+ CpawaNs. FL 3341 O Tou.: (56 1) 99"890 TU.: (S61) 6246521 FAX: (56 1) 096-1661 FAX: (561) 624 -fieAS MID- WESTERN COMMUNITIES SERVICE CENTER 200 CIVIC CANTER WAY. SU9TB 200 ROYAL PALM BEAcFb FL 33411 TEL: (561) 764.120 FAx: (561) 784 -) 241 SOUTH COUNT1r SERVICE CEN111BA 501 S. CamGmess Ave. VrwtAY BEACM. FL 33445 Tee: (561) 276 -1250 FAX' (561) 2715.1278 Feb -14. 2003 3:17PM s PALM BEACH COUNTY TAX COLLECTOR'S CONSENT TO EXTENSION OF TIME NO.0201 P. 2 This Consent to Extension of Time is given as of 2 , 2003, by the Palm Beach County Tax Collector (Tax Collector), to the City of Palm Beach Gardens, Florida (the City). WHEREAS, the City desires to collect non -ad valorem assessments for stormwater improvements and facilities beginning with Fiscal Year 2003 -04; WHEREAS, the City must adopt a resolution of intent under Chapter 197, Florida Statutes in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; WHEREAS, the'Citywould like an extension beyond January 1, 2003, to March 1, 2003, by which to adopt the resolution of intent; and WHEREAS, the City seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW, THEREFORE, the Tax Collector hereby consents, pursuant to section 197.3632(3)(a), Florida Statutes, to the City's holding of a public hearing prior to March 1, 2003 to consider the adoption of a resolution of the City Council of Palm Beach Gardens providing a notice of its intent to use the section 197.3632, Florida Statutes, non -ad valorem method of collecting assessments to fund the City's stormwater improvements and facilities beginning with Fiscal Year 2003 -04. dy-loo 14X Beach County Tax Collector CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 18, 2003 Meeting Date: February 27, 2003 Resolution 33, 2003 Subject /Agenda Item: A Resolution of the City of Palm Beach Gardens electing to use the uniform method of collecting non -ad valorem assessments levied within the incorporated area of the City for stormwater maintenance and operation. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $_ Council Action: (Total) City Attorney [ ] Approved $_ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Feb. 8, 12, 19 & 25, 2003 [ ] Other Paper: Palm Beach Post Submitted by: [ ] Not Required Sheryl L. Stewart, Assistant to Ci Manager epartme Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required Date Prepared: February 18, 2003 Meeting Date: February 27, 2003 Resolution 33, 2003 BACKGROUND: At the City Council meeting on January 16, 2003, the City Council unanimously passed a motion to adopt the Blue Ribbon Panel's "Report on Canal System Restoration and Maintenance ", and directed staff to proceed with implementing its findings. In the Report's conclusion, the Panel recommends a funding strategy to establish two special assessment districts for canal system restoration and maintenance. The non -ad valorem assessments would be for the purpose of restoring the central stormwater system for the City and then providing for a source of funds for perpetual maintenance. At the City Council meeting on February 6, 2003, the City Council unanimously passed a motion to approve staff's request to proceed with the legal procedural requirements to levy the non -ad valorem assessments, and authorized the City Manager to move forward with obtaining the consent of the Palm Beach County Property Appraiser and Tax Collector. These requirements must be met under Chapter 197, Florida Statutes in order to collect any additional assessments in Fiscal Year 2003 -04. In accordance with Chapter 197, notice of the City's intent to consider a resolution electing to use the uniform method of collecting the non -ad valorem assessments at a public hearing on February 27, 2003 was advertised in the Palm Beach Post on February 8, 12, 19 and 25, 2003. As mandated by statute, the resolution must be adopted by March 1, 2003, and a copy must be sent to the Palm Beach County Appraiser and Tax Collector by March 10, 2003. As indicated by the attached letters, the City has obtained consent from the Property Appraiser and Tax Collector to consider this matter. For clarification purposes, the Property Appraiser also requested that the City repeal a similar previous Resolution 154, 1999. Although never utilized, the Property Appraiser has maintained Resolution 154, 1999 on file from when the City was considering special assessments for the provision of stormwater management services and facilities for Fiscal Year 2000 -01. The attached Resolution 33, 2003 states that the previous Resolution 154, 1999 would be repealed. Since two special assessment districts are being considered at this time, two resolutions must be adopted according to statute, one for the restoration and one for the maintenance. These resolutions do not commit the City to actually collect any assessments or define the assessment rates. They do, however, meet the legal procedural requirements for the City to establish its intent to consider collecting such assessments on the Palm Beach County Tax Collector's tax bill. STAFF RECOMMENDATION: Staff recommends approval of Resolution 33, 2003. RESOLUTION: (See Attachment for Resolution 33, 2003) CITY OF PALM BEACH GARDENS RESOLUTION 33, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY FOR STORMWATER MAINTENANCE AND OPERATION; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; PROVIDING FOR THE REPEAL OF RESOLUTION 154, 1999; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida (the "City ") is contemplating the imposition of non -ad valorem assessments for the maintenance and operation of the City's stormwater system; and WHEREAS, the City intends to use the uniform method for collecting non -ad valorem assessments for the cost of providing maintenance and operation of the system within certain portions of the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such assessments to be collected annually commencing in November 2003, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A and incorporated herein. WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. 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: Commencing with the Fiscal Year beginning on October 1, 2003, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of maintaining and operating its stormwater system. Such non -ad valorem assessments shall be levied within certain benefited portions of the incorporated area of the City. A map depicting the area subject to the assessment is attached hereto as Exhibit B and incorporated herein by reference. SECTION 3: The City hereby determines that the levy of the assessments is needed to fund the cost of maintaining and operating its system within the described area of the City. SECTION 4: Pursuant to section 197.3632, Florida Statutes, the Palm Beach County Tax Collector and the Palm Beach County Property Appraiser have agreed that the City may have until March 1, 2003 to adopt this Resolution; such agreements being attached hereto as Composite Exhibit C and incorporated herein by reference. SECTION 5: Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by March 10, 2003. SECTION 6: The City Council hereby repeals Resolution 154, 1999, approved on December 16, 1999. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: 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. SECTION 9: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 27th day of February, 2003. Attest: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR COUNCIL MEMBER CLARK COUNCIL MEMBER RUSSO COUNCIL MEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA MAYOR ERIC JABLIN AYE NAY ABSENT EXHIBIT A PROOF OF PUBLICATION r Co. 17. Gnnj J. 11rT1 L4-H551r lt1) rv. "e r'. G /�INV• 3345 THE PALM BEACH POST NOTICE OF INTENT TO Published Daily and Sunday METHOD OF CO West Palm Beaek, Palm Beach County, Florida NON -AD VALOREM I The City of Palm Beach Gartlens, PROOF OF PUBLICATION provides notice, pursuant to section 11 ides, of its intent to use the uniform n STATE OF FLORIDA valorem assessments to be levied with the Ciy, for certain costs associated wit COUNTY OF PALM BEACH 16 City's stormwater system commend6 Before the undersigned authority personally appeared Wendy Elliott, who bn oath says that she ningg_� on October 1, 2003. The City wil is Telephone Sates Supervislor of The Palm Beach Post, a daily and Sundry newspaper resolution electing to use the uniform assessments nutharixed section 197 published at West Palm Beach in Palm. Beach County, Florida; that the attached copy of � public heoring to be held of 700 p.m advertising, be' Notice in the matter ofNon Ad Valorem Assessments whs published to said m8� � P 10500 North Milirory Troil Palm BM newspaper in the issues of Feb nry Z, 19, 2003. Affiaut fiuther says that the said The resolution will state the need For the 6, Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that County, description of the boundaries of the I levies. Copies of the form o the said newspaper has leretofore been continuously published in said Pahn Beach Florida, daily and Sunday and ho been entered as secoud cLw mail matter 4t five post office in prapgsed the legal descripttan of the real prope file the OlFce of the City Cler West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding on at Florida. All interested persons are invite the first publication of the attached copy oflidvertisen=t, and affiant furthex says that she/he the event any person decides ro has neither aid nor promised an person, firm or corporation any discount rebate, commission 1? Pr Y P corpora Ciy with rasped to any matter relatint Guy or refund for die purpose of securing this advertisement for publication in the said iLewapaper. resolution at the above.referenced puk • proceeding may be needed and in sucl 9 need to ensure that a verbatim reed mode, which record includes the testin Sworn to and subscribed before this 190 day of F ruary, A. . 2003 the appeal is to be based. In accorda� Disabilities Act, persons needing a sF interpreter to participate in this Prom of Palm Beach ( sgrens (561) 799-Al 2: the hearing. Personally known XX or Produced Identification _ DATED this 6th day of February, Type of Identtiication Produced . I By Order of; 5T PUBLISH: Feb. 8,12, 19 & 2 g`�11 r6 XAREN M Mx WrON wy .'MYCOMMISs1oNA=91p669 CAPIRES; N.w u-, M 09aaNG�nY RN�mrt. 4lign{H� Inc . V✓. 1J.f�C.I41J J` 111 11 ♦,rV,IJ....11 ' NOTICE OF INTENT TO USS UN1FbRM METHOD OF COL UCTING NON -AD VALOREM ASSESSMEWS The City of Palm Beach Gardens, Florida (1}+e lot ) hors provides nonce, pursuant to section 197,363X33!(0.!!1 Floridai Stet - ules, of its Intent to use the uniform method oF'colleeting nbn -04 valorem assessments io be levied within the incorporated area of the City, for ceroin costa associated with restoring and maintaining the Citys stomrvvatar systam commencing for the Fiscal Year begin - ping on October 1, 2003. The Cy will consider the od*oo of a resolution electing to use the uniform method of collecting; such assessments authorized section 197.3632, Floridg Statute, at a public hearing to 6e held at 7:00 p.m. on February, 27, 2003, at 10500 North Military Trail, Palm Beach Gardens,, Florida, Such resolution will state the need for the levies and will dAntoin o 6 1 description of the boundaries of the real property,eubieet to levies. Copies of the proposed form of resolution, vfhich mrtains the legal descrieeH_an of the real proppeerty subject tof$e levies, are on file at the oHior of the City Clerk of Palm Beach Gardens, Florida, All interested persons are invited lo attend. In the event any person decides to appeal any decision by the City with respect to any matter relotin to the consrgleration of the resolution at the abov"ferenced public hearing, c record of the proceeding mqy be needed and in such an event, suzh persop may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evi4ence on which the appp�eaal is to be based. In accordance with the Americans with Disabilities Act, persons needing a speaal accommodation or an interpreter to participate in this proceeding should contact the City of Palm Beach Gorens 1561! 799.4122, 7 days prior'to 69 rate of the hearing. DATED this 6th day of February, 2003. By Order of: PUBLISH: Feb. 8, 12, 19 & 25, EXHIBIT B PALM BEACH GARDENS, FLORIDA MORE PARTICULARLY DESCRIBED AS THE CITY OF PALM BEACH GARDENS, FLORIDA ®r r- A-I COMPOSITE EXHIBIT C AGREEMENTS WITH PROPERTY APPRAISER AND TAX COLLECTOR 02/13/2003 16:06 5613553963 PBC PROP PAGE 02/02 GOVERNMENTAL CENTER - FIFTH FLOOR 301 •NORTI -I OLIVE AvnNUE WEST PALM BEACH, FLORIDA 33401 r TeL: (561) 355 -3230 FAX: (561) 355 -3963 February 13, 2003 City of Palm Beach Gardens c/o Ronald M. Ferris, City Manager 10500 N. Military Trail Palm Beach Gardens, FI 33410 -4698 Dear Mr. Ferris: GARY R. NIKOLITS, CPA PALM BEACH COVNTY ftorziuy Arp"sm Letter sent via Fax and U.S. Mail Your request for an extension to adopt a resolution to permit the City to levy non ad valorem assessments for stormwater improvements and maintenance starting in Fiscal year 2003 -04 has been granted. The new deadline authorized by the statute will be March 1, 2003. Our records indicate a similar resolution 154,1999 was passed on December 16, 1999. Although never utilized, my office continues to maintain parcels files indicating a potential tax levy on properties covered by this resolution. It would be appreciated if you would rescind this previous resolution so that we are not placed in the position of maintaining two authorizing resolutions for the same purpose. If you have any questions regarding this matter, please contact Dino Maniotis, Tax Roll Coordinator at 355 -2681. Si rely, \ GARY R. AKOLITS, CFA PALM BEACH COUNTY PROPERTY APPRAISER cc: Dino Maniotis, CFE WEST COUNTY NORTH COUNTY Sk RVICE CENTER SERVICE CEN rP-R 2976 4n-vi i Ro.aD 15 3188 PGA BLvu. llw.v. GLADE, FL 33430 PALN BEAaI GApoeNs, FL 33410 Trs.: (561) 996.4890 Trj.: (661) 624 -6521 FAx: (56 1) 996-1661 FAX: (561) 624.656S MID - WESTERN COMMUNITIES SERVICE CENTER 200 CIVIC CENTER WAY. SUITE 200 ROYAL PALM BEAca4 FL 33411 TeL: (561) 784 -1220 FAx. (561) 784 -1241 SOUTH COLTIrr y SERVICE CEN'M' A 501 S. (,oyGIGES.+ Ave-. Dn t&Y BE.ACII. FL 33445 Tel.: (561) 276 -1250 FAX' (561) '2711.1278 Feb.14. 2003 3:17PM I PALM BEACH COUNTY TAX COLLECTOR'S CONSENT TO EXTENSION OF TIME NO.02ui P. 2 This Consent to Extension of Time is given as of , 2003, by the Palm Beach County Tax Collector (Tax Collector), to the City of Palm Beach Gardens, Florida (the city). WHEREAS, the City desires to collect non -ad valorem assessments for stormwater improvements and facilities beginning with Fiscal Year 2003 -04; WHEREAS, the City must adopt a resolution of intent under Chapter 197, Florida Statutes in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; WHEREAS, the'Citywould like an extension beyond January 1, 2003, to March 1, 2003, by which to adopt the resolution of intent; and WHEREAS, the City seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW, THEREFORE, the Tax Collector hereby consents, pursuant to section 197.3632(3)(a), Florida Statutes, to the City's holding of a public hearing prior to March 1, 2003 to consider the adoption of a resolution of the City Council of Palm Beach Gardens providing a notice of its intent to use the section 197.3632, Florida Statutes, non -ad valorem method of collecting assessments to fund the City's stormwater improvements and facilities beginning with Fiscal Year 2003 -04. dl,/Go P ix40 Er- 0, - Beach County Tax Collector City of Palm Beach Gardens ✓Mayor Jablin Council Agenda February 27, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 ✓ Council Member Clark (Council Member Russo Vice Mayor Sabatello Cam) Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL PUBLIC HEARING February 27, 2003 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS /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: IX. PUBLIC HEARINGS: 41 a. Resolution 32, 2003 — Storm water Restoration. A resolution of the City Council © of the City of Palm Beach Gardens, Florida, electing to use the uniform method of collecting non -ad valorem assessments levied within the incorporated area of the City for storm water restoration; stating a need for such levy; providing for the mailing of this resolution; providing for the repeal of resolution 154, 1999; providing for conflicts; providing for severability; and providing for an effective date. 6 b. Resolution 33, 2003 — Storm water Maintenance and Operation. A resolution of the City Council of the City of Palm Beach Gardens, Florida, electing to use the y'0 uniform method of collecting non -ad valorem assessments levied within the S incorporated area of the City for storm water maintenance and operation; stating a need for such levy; providing for the mailing of this resolution; providing for the repeal of resolution 154, 1999; providing for conflicts; providing for severability; and providing for an effective date. IX. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY 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. NOTE: All presentation material must be received in the City Clerk's office prior to the meeting. U c (Lo Lij U �U O� LL Q � O Z N LLB 4) G � O CC U a) N E FL z Q U V Cl) U � � a' z 0. a) +' E N � 0 c Q = � O � E E U � c Qm c c � U a4-0 =moo U �? ++ r U Nay E rn s E U td > L 6 yoE N � E 3*' a� CL U H U a C m m *' E 40 N � O � Q C E 0 E E U 3 c �m E m m cco P .. � 0o� o ro o O N a v � co g � N . L � L CO � N 0. E i N U 0 > c CL N N p *_'' E N o E L 0 '0 E O O O L aUP r v� U I �c a` N a 0. O N N Q U 0 cn WV O LL Ho �� •� -� Z f' w W 3 a ���!llJJJ C G � O U U a C m m *' E 40 N � O � Q C E 0 E E U 3 c �m E m m cco P .. � 0o� o ro o O N a v � co g � N . L � L CO � N 0. E i N U 0 > c CL N N p *_'' E N o E L 0 '0 E O O O L aUP v� I a` N a N Z N N Q U 0 cn U a C m m *' E 40 N � O � Q C E 0 E E U 3 c �m E m m cco P .. � 0o� o ro o O N a v � co g � N . L � L CO � N 0. E i N U 0 > c CL N N p *_'' E N o E L 0 '0 E O O O L aUP U m 'v � c (L o WV olT I.L L Cl) 0 Z� 23 2a o CC U 3 c L. M 4) '.1 �2.; i N I �; N V L Z Q U N grn E C L � Q 0 N N N N V E E m N 0 � V C r 0 O M 0 Cd L Q � = Y 0 � U y a v E � N N c = 0 .a d ca a N (a t c cn (C O O .c O E y c 'V 0 c }, a� a U F=- U �c a0 U �U 0 °' L Q Cl) 0 CZy o CC G 7 U S c� I•L COL. N +' E o 0 0 'o 3 a z 4 U cn V 6) �U4-1 a. aa) a) *' E .cNa� o Q c E o E E U 3 c Qm °: E C ~'E V N 0 M C rn U a C a) w -Y o U s � U y N a v E N - 0) N C = N 0 4-1 Ca C a) ioE o E a1 0 0 L � aU H U c (L o WV I- v G La Cl) O CZN LU G f7 L My O CL U MR 0 c �NT L. a N N L 0 co -gyp ' j a Z a U N 6) U .��c t � � r L � a � 0 E c E a N 0 r c �.c w o L i 0 N ai .Q � 2 � c � U � aU� N D Q� � i N � � U � •Op N � 0 O N CL U I=- J a. 30 wV �U U) I.L L C0 O z� wa o °C U )�Z1 Q s LL (0) I +� a z a U N u i� d 0 V a * n N d t 4' E aNi 4J L }r Q C N 0 Q U 0 E 0 0 *0' t U C H t � -, L 0 N L lie 0 U � � � U � a v E C_ v' 1 0 i N aci � m � � o r � E o � � c a� aUF J_ U •C O WV FU 0 LL Q CO O ZN G 3 �MM LPL O U z O C L a y N a O E a Z N O Q U O H 3 N E C L � O Q N N � N N E N 0 *O' L V = � L lie O � U � a v E � O N C � •L L � i N (d t N � O � O O O � O aU H i 5v . � %� \' �* Irr, Lt l? •.0 �� `• Q. / f s .So -1 WON R��� Cb . FKKI. A ✓� - r�. 1: fin- emall all j& � j a/a ?/v 3 p City of Palm Beach Gardens Timeline for Creation. of Special Assessment Districts for Stormwater Restoration and Maintenance January 16, 2003 Blue Ribbon Panel Conceptual Report Presented to City Council February 20, 2003 Work Authorization for Engineering Services to Verify Legal and Financial Issues Approved by City Council February 27, 2003 Public Hearing to Consider Adoption of the Notice of Intent Resolution. The Resolution reserves space on the tax roll, should the City Council decide to proceed with the Special Assessments March - May 15, 2003 Create Preliminary Assessment Roll, Perform Fieldwork for Verification of Database and Prepare Draft Assessment Report April - May, 2003 Public Information Program to meet with Neighborhood Groups, Homeowner's Associations, and other Property Owners June 5, 2003 Presentation to Council of Assessment Report and Consideration of Adoption of Assessment Ordinance and Initial Rate Resolution June 27, 2003 Mail First Class Notices & Publish Notice of Public Hearing for Final Rate Resolution Public Hearing July 17, 2003 Final Rate Resolution Public Hearing September 15, 2003 Certified Assessment Roll due to Tax Collector For further information, please contact Todd Engle, P.E., City of Palm Beach Gardens Civil Engineer at 799 -4276. lb (1) o fu Q o p 1 O a-' 4-j _0 O �. a �M� Q �O 4 = L p - �- C: 0 _ fa-0 O Q � C .� V . V �, cn U�OV 04.j4 -J U f O -0 � cn E O m E 0 C) c fu 0) 0 O f– V (n (n v) 4-1 to L N — w m fu — = . - E O � L ca O 4� . — V , .�.., to E -�, � O • — 4J -' V 4J i a- CD rn fu C- (3.) 0-� •— V Q� U 5- > I-- m ca U E Co Eb � - --J — �� > �� o o c0 C: fu fu 4� u = 4 C: = > fo fu ui C: O 4-J -0 4- E . O V m �� 4 _ cn C: �V O -0 I L.... c: O•– C -' -'�� u 0 fu (,1 -0 E -� fo --0 >._ =3 fo fay U fo 'o 4L 0 =3 M U E V) 4-J >% 0 =3 L— O L. U 4-J L .-, L z m ■ ■ Eb .O ■ - u 4--J L _ E'u O Cn � L 4� � [� a. m .65 W fo .4 i U fQ -0 1 fu C: = owuo Vo3: •- = L. O C: -N fo Q 4-j :3 U L E Cn M O �O -p �- a-J U — c L. --' C O ��' p0�U;D O 0.. ca N � E-Om & j L. C: � O i mo " O 0 C, y-- y- O � i fa U 4) O 4) > O �— 4) Cn -� U p O �. E >- cu - a� E — 0 uU a�LQ)fo �. E >o.�U L O w � O c� cn �-- pp �— • E > cn V) aJ L V4-J�O L. (f) E 0 0 M >, �_0 -W Q) fu fu 0 C: � V moo . � th � O fu W V L. -� ca O O V) Ln fu fu V i) V -�- V 40 _0 O C� 0 a) 0 3:'0 •�, O w ' 4j 4-J V ci V OV.0 V - O O 4--J c O Cn V) a-' O 4 4� O 3:00.a) ._�. E V) 0 M rN M-0 E u m Eb (U-0 c -0 L. >< O fu fu vO-0O� fa V — 4- a-' CO fo .- -" OOH OM Of�.� O • I— ._ .� fu - U .� M cn = —�_00 X00 00 v U 4-J X p �fu�CD..U� =3 -o"O V o om - (m -0fu fo V) E Cn fu .Ul 0 cOn� fo 4-J L V cOnU� - L r� � � O -C: flo 0-O ■ ■ - _ •O .c -~ fu O 0 C) cfa . .� LO CN �10 -0 U N C O ra .c O i Zim Q M 4-J U ca y= 4"' 4 O . - U cu U. 4-J • - .- _0 C: 00 a--� � O O O (1) 4�L. `�- O . L >-0 � M -0 a) O ._ QLL a.0 Q� O Eb � — \ (n � L C- � =3 0) (1) fu p C: O o�� fu fo � 4) O v M =3 w - 0) 2 —0 n C: 2 E 0 M� :3 co -1- V V M- 4) W ._ m E O L fu — n3 O — O 4) L cn �- 4) V co 4-; E ?� C C: O V) — u 4) ro = .v (1) s- 0) u 0 O _ -_ Ca L -0 U O ca 4) .— O L u O 4) O � O O ■ ■ Eb V) UO) ^ 4J ^ 4-J W c rl C C: 4 0) 00.- -c- E .c: = E = E C � E ca � ca m � L- 0 0 M B 0 f 0 ul 4-J 0 E 0 E W fu M o C O B M O B Lo CDC o:3O.- o c� � N O ra 4J E O Co m fu [a V) I Q) n C: I E C E O � � O � CO ;0W� :60 4-, .-J M � 4-, 4J U �o o= a'c�-, o =o 0 U .� U C- ■r N 0�VE0 O�V� oCo�1- N oC00�,0 -'--' U — J ' �U = 4J o O CL 0U �M O �� cnN O QU OWN QU 04—IJ- n Eb Q) - fu C V) C: w CD a) -W ,O -� � _0 fu L O 0--� V —_ f c: 0 — f 4--1 ° L . p ' -per L � C6 Lf E Q 0 4 -J o E° O ,Wo Lp Uo� �- � V) rl fo O_ f— cn fo p �_ '� cn` U► O � v U V O � L c6 L .. — O L �� al L fu •- 00 O SUN N 40— M� �� •� fu O � ' LnQ. J O- fo EOM V= 74 .O �•�ui O"O ..� MU —CD- ..0--o My .. Oa) CO MW" O= 0.� 4-' 4-J -�-� p 4-J 4-' N O N f0 �cc X• -pr4q O.N O ww 00 ^� Ln 00 L Q. 04� •- a- V) V) O 500 = a--; _ �� Q °L tncn �O =0 �O ka6,at b/d-? 10 3 ? w 1 1vL 2/27/2003 Comments on Resolutions 32/33 Tom Sosey 149 Bent Tree, PBG THANK YOU FOR THE OPPORTUNITY TO COMMENT BASIS OF RESOLUTIONS... AN EXCELLENT REPORT BY THE BLUE RIBBON PANEL REPORT ... FLAWED BUT EXCELLENT ... I ASK THAT YOU NOT APPROVE THEM THIS NIGHT I HOPE I'LL HAVE THE OPPORTUNITY TO COMMENT ON THE FLAWED REPORT ON ANOTHER NIGHT BECAUSE TONIGHT ... YOU"RE PUTTING THE CART BEFORE THE HORSE THE AGENDA STATES THAT TONIGHT IS THE CART ... THE FUNDING MECHANISM FOR A TAXABLE EVENT ... THE RESOLLTIONS I ENDORSE THE FUNDING MECHANISM OF IMPLEMENTING MSBU's ... BUT I DISAGREE WITH THE TIMING OF IMPLEMENTING THEM WHAT IS THE HORSE ? ... IT IS THE EDUCATION FOR THE PUBLIC AND THERE HAS BEEN NONE PER THE BLUE RIBBON PANEL REPORT THEY UNANIMOUSLY ENDORSED PUBLIC EDUCATION IN EVERY NEIGHBORHOOD THAT NEVER HAPPENED IN MY NEIGHBORHOOD WAS THERE EDUCATION IN YOUR NEIGHBORHOOD? SO TONIGHT YOU'RE GOING TO VOTE ON THE CART THAT'S BACKWARDS ... THE TAXPAYERS SHOULD BE EDUCATED BEFORE YOU ACT I SUBMIT THAT OTHER TAXPAYERS HAVE THE SAME VIEW FURTHER, THE CITY COUNCIL SHOULD HAVE THE TAXPAYER FIRST ... NOT TAXES SO I URGE YOU TO NOT APPROVE THE RESOLUTIONS TONIGHT UNTIL YOU HAVE EDUCATED THE PUBLIC ON THE BASIS OF THE TAX ITSELF AS PRESENTED IN THE BLUE RIBBON PANEL REPORT THANK YOU AGAIN FOR THE OPPORTUNITY TO COMMENT ... PLEASE GIVE THE TAXPAYERS OF PBG THE SAME OPPORTUNITY TO BE EDUCATED