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HomeMy WebLinkAboutAgenda Council Agenda 041510 CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 15, 2010 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. SPONSORSHIP RECOGNITION FOR DANCING UNDER THE STARS. b. (Page 4) ANNUAL AUDIT REPORT. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 152) APPROVE MINUTES FROM MARCH 4, 2010 CITY COUNCIL MEETING. b. (Page 155) APPROVE MINUTES FROM MARCH 18, 2010 CITY COUNCIL MEETING. (Staff Report on Page 159, Resolution on Page 162) RESOLUTION 17, 2010 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE IAFF. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, INC. TO MODIFY AND CLARIFY THE REQUIREMENTS FOR PROMOTIONAL EXAMINATIONS AND THE USE OF PERSONAL LEAVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Page 174) PROCLAMATION – WATER CONSERVATION MONTH. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. *(Staff Report on Page 175, Resolution on Page 209) RESOLUTION 14, 2010 – SEPTEMBER 11TH MEMORIAL PLAZA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 09.11.01 MEMORIAL PLAZA, LOCATED AT 5161 NORTHLAKE BOULEVARD ON THE FIRE STATION NO. 3 PARCEL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *(Staff Report on Page 218, Resolution on Page 232) RESOLUTION 15, 2010 – EMERGENCY OPERATIONS COMMUNICATION CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE PALM BEACH GARDENS MUNICIPAL COMPLEX TO ALLOW A 10,800-SQUARE- FOOT EMERGENCY OPERATIONS AND COMMUNICATION CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE 9, 2010 IS CONTINGENT UPON COUNCIL APPROVAL OF THE ALTERNATE EXTERIOR ELEVATION AS RECOMMENDED BY PZAB. c. (Staff Report on Page 244, Ordinance on Page 246) ORDINANCE 9, 2010 – (1st READING) AMENDING THE FISCAL YEAR 2010 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 250) LAKE CATHERINE HISTORICAL ART PROJECT. b. (Page 275) OUTDOOR SEATING, SPECIAL EVENTS AND TEMPORARY SIGNAGE. XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. a a a a e a a e a a e 0 e a a e e 0 a a e e e 0 e a a e 0 a a e e e a a e e 0 a e l a "1 m-= CITY OF PALM BEACH GARDENS, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 City of Palm Beach Gardens, Florida Comprehensive Annual Financial Report Year Ended September 30,2009 PREPAREDBY THE FINANCE DEPARTMENT e e e e e e e e e e e e e e e e e e e e e a e a e 0 e e e a e e 0 e e e e a e e e m City of Palm Beach Gardens Table of Contents Introductory Section Letter of Transmittal Principal City Officials Organization Chart Certificate of Achievement for Excellence in Financial Reporting iii vi i viii ix ~ ~~ Financial Section Report of Independent Certified Public Accountants 5 Management’s Discussion and Analysis (Unaudited) Basic Financial Statements: Government-Wide Financial Statements: Statement of Net Assets Statement of Activities Fund Financial Statements: Governmental Funds: Balance Sheet Reconciliation of the Governmental Fund Balance Sheet Statement of Revenues, Expenditures and Changes in Reconciliation of the Statement of Revenues, Expenditures and to the Statement of Net Assets Fund Balances Changes in Fund Balances of Governmental Funds to the Statement of Activities Proprietary Funds: Statement of Net Assets - Proprietary Funds Statement of Revenues, Expenses and Changes in Net Assets - Statement of Cash Flows - Proprietary Funds Statement of Fiduciary Net Assets - Fiduciary Funds Statement of Changes in Fiduciary Net Assets - Fiduciary Funds Proprietary Funds Fiduciary Funds: Notes to Basic Financial Statements Required Supplementary Information (Unaudited): Budgetary Comparison Schedule - General Fund Schedule of Funding Progress Schedule of Employer Contributions Schedule of OPEB Funding Progress Notes to Required Supplementary Information 9 23 24 26 28 30 32 34 35 36 38 39 43 69 71 72 73 74 Financial Section (continued) Combining and Individual Fund Financial Statements and Schedules: Nonmajor Governmental Funds: Combining Balance Sheet - Nonmajor Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Police Training - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Recreation Programs - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Golf - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Local Option Gas Tax - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Police Grant - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Recreation Impact - Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Road Impact - Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Police Impact - Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Fire Impact - Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Art Impact - Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - PGA Flyover - Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Burns Road - Capital Projects Fund Combining Statement of Fiduciary Net Assets - Fiduciary Funds Combining Statement of Changes in Fiduciary Net Assets - Fiduciary Funds Statistical Sect ion 79 80 82 84 85 86 87 08 89 90 91 92 93 94 95 96 97 Index Financial Trends: Table 1 - Net Assets by Component Table 2 - Changes in Net Assets Table 3 - Fund Balances of Governmental Funds Table 4 - Changes in Fund Balances of Governmental Funlds Table 5 - Net Assessed Value and Estimated Actual Value of Taxable Table 6 - Property Tax Rates - Direct and Overlapping Governments Table 7 - Principal Property Taxpayers Table 8 - Property Tax Levies and Collections Revenue Capacity: Property 101 104 106 110 112 114 116 118 119 Statistical Section Debt Capacity: Table 9 - Ratios of Outstanding Debt by Type Table 10 - Ratios of General Bonded Debt Outstanding Table 11 - Direct and Overlapping Governmental Activities Debt Table 12 - Pledged Revenue Coverage Table 13 - Demographic and Economic Statistics Table 14 - Principal Employers Table 15 - Full-time Equivalent Government Employees by Function Table 16 - Operating Indicators by Function/Program Table 17 - Capital Assets Statistics by Function/Program Demographic and Economic Information: Operating Information: 120 122 123 124 126 127 128 129 130 Compliance Section Report of Independent Certified Public Accountants on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 133 Management Letter In Accordance with the Rules of the Auditor General of the State of Florida 135 Appendix A - Current Year Recommendations to Improve Financial Management, Accounting Procedures and Internal Controls 137 a e a a e a a a a a a a a a e 0 e a a a e e a a a a a a a a a a 0 a e 0 a e a a a a e m INTRODUCTORY SECTION a a a a a a a e e a a a e a a 0 a e a a a a a a a a a a a a a a a a a a a a e a a a a a CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, Florida 33410-4698 March 31,2010 To the Honorable Mayor, Members of the Governing Council, and Citizens of the City of Palm Beach Gardens, Florida State law requires that all general-purpose local governments publish within twelve months of the close of each fiscal year a complete set of financial statements presented in conformity with accounting principles generally accepted in the United States of America (“GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants. Pursuant to that requirement, we hereby issue the comprehensive annual financial report of the City of Palm Beach Gardens, Florida for the year ended September 30,2009. This report consists of management’s representations concerning the finances of the City of Palm Beach Gardens. Consequently, management assumes full responsibility for the completeness and reliability of all the information presented in this report. To provide a reasonable basis for making these representations, management of the City of Palm Beach Gardens has established a comprehensive internal control framework that is designed both to protect the government’s assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City of Palm Beach Gardens’ financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the City of Palm Beach Gardens’ comprehensive framework of internal controls has been designed to provide reasonable, rather than absolute assurance that the financial statements will be free from material misstatement. As management, we assert that to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The City of Palm Beach Gardens’ financial statements have been audited by Rampell and Rampell, P.A., a firm of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City of Palm Beach Gardens for the year ended September 30, 2009, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion that the City of Palm Beach Gardens’ financial statements for the year ended September 30, 2009, are fairly presented in conformity with GAAP. The independent auditor’s report is presented as the first component of the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (“MDgA). This letter of transmittal is designed to complement MD&A and should be read in conjunction with it. The City of Palm Beach Gardens’ MD&A can be found immediately following the report of the independent auditors. Profile of the Government Palm Beach Gardens, incorporated in 1959, is located in the southeastern part of Florida, approximately 7 miles north of West Palm Beach and 70 miles north of Miami. The City currently has a land area of 56 square miles, making it one of the largest cities in Palm Beach County, and has a population of 49,941. The City is empowered to levy a property tax on real property located within its boundaries. The City also has the power by state statute to extend its corporate limits by annexation, which is done periodically when deemed appropriate by the City Council. iii The City of Palm Beach Gardens has operated under the Council-Manager form of government from its inception. Policy-making and legislative authority are vested in the Governing Council, which consists of a mayor and four Council Members. The Governing Council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring the City Manager and City Attorney. The City Manager is responsible for carrying out the policies and ordinances of the Governing Council, for overseeing the day-to-day operations of the City and for appointing the heads of the City’s departments. The Council is elected on a non-partisan basis. Council Members are elected to three-year staggered terms, with two Council Members elected one year and three Council Members the following year. Council Members are elected at large; the mayor is selected annually from among the Council Members by the Council Members themselves. The City of Palm Beach Gardens provides a full range of services, including police and fire protection; the construction and maintenance of highways, streets, and other infrastructure; and recreational activities and cultural events. Water and sewer services are provided through Seacoast Utilities, a legally separate Water and Sewer Authority, which functions totally independent of the City of Palm Beach Gardens, and therefore has not been included as an integral part of the City of Palm Beach Gardens’ financial statements. There are no component units of the City of Palm Beach Gardens at this time. The annual budget serves as the foundation for the City of Palm Beach Gardens’ financial planning and control. All departments of the City of Palm Beach Gardens are required to submit requests for appropriation to the City Manager in March each year. The City Manager uses these requests as the starting point for developing a proposed budget. The City Manager then presents this proposed budget to the Council for review prior to July 31. The Council is required to hold two public hearings on the proposed budget and to adopt a final budget no later than September 30, the close of the City of Palm Beach Gardens’ fiscal year. The appropriated budget is prepared by fund, function (e.g., public safety), and department (e.g., police). The budget may be amended in several ways. An intradepartmental or interdepartmental transfer within the same fund may be authorized by the City Manager. A transfer between different funds may be authorized initially by the City Manager, subject to approval within 30 days by resolution adopted by the City Council. A third way is a transfer from the contingency account of the City Council, which may be authorized only by resolution adopted by the Council; except that, in the event of an emergency declared by the Manager, such a transfer may be made initially upon authorization of the Manager, subject to approval within 30 days by resolution adopted by the Council. Any increase in the total appropriations for a fund must be approved by ordinance of the Council. Budget-to-actual comparisons are provided in this report for each individual governmental fund for which an appropriated annual budget has been adopted. For the general fund, this comparison is presented on pages 69-70. Local Economy. The City of Palm Beach Gardens has evolved into an upscale bedroom community with the current tax base of the City reflecting a dependence on residential tax assessments with approximately 76% of ad valorem taxes generated by the residential component. However, the region does have a varied commercial base that adds to the relative stability of the unemployment rate. Additionally, the City does not assess many of the traditional taxes that other municipalities use for generating revenue, but rather, it primarily depends on ad valorem taxes to fund services. Residents are not assessed additional taxes for utility, solid waste, storm water, or fire rescue; and pay a minimal amount in communication services taxes. The City has opted to pay for these services out of ad valorem assessments. Major industries with headquarters or divisions located within the government’s boundaries or in close proximity include bioscience, security, medical manufacturing, education, health care, financial services, construction, and leisure service industries. Major employers include Wackenhut Corporation, Palm Beach Gardens Medical Center, Palm Beach County School Board, PGA National Resort & Spa, Biomet 3i, Virtual Bank, Belcan, Anspach and Catalfumo Construction. The bioscience industry will continue to grow rapidly within the City’s boundaries as the expansion of the Scripps Research Institute develops. The City of Palm Beach Gardens has been fortunate to have land mass that has been available for residential development, so the reliance on ad valorem taxation has not been a major concern in past years. However, as the City approaches build-out, it is prudent to diversify the tax base in lieu of the escalating costs of providing services to residents. In January 2008, Florida voters approved Amendment 1, which granted an additional $25,000 Homestead Exemption, exempted the first $25,000 of tangible personal property from taxation, provided portability of up to $500,000 of the Save Our Homes Exemption on sales of properties, and limited increases in the assessed value of non-homesteaded properties to 10%. The effect iv a a a a a a a a a a a a a a a e a a a 0 e 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a a n on the City of Palm Beach Gardens tax revenues was substantial and may nec alternate funding mechanisms to maintain current levels of services. ssitate the exploratic of The location of the Scripps Research Institute will further the goals of the Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan and will ensure a diversified economy, shift ad valorem tax revenues away from the residential component, encourage growth in cluster industries that provide high-wage employment, and complement changing economic conditions. The development will not only include the Scripps Research facility, and its related spin-off businesses, but also residential units, schools, recreational facilities, and general commercial areas. Phase I of the Scripps Florida development has been completed and included the construction of the Scripps Florida headquarters. The campus includes three buildings with 350,000 square feet of laboratory and administrative space. Germany’s Max Planck Society has started construction on a 100,000 square foot biomedical research facility located next to Scripps Florida on six acres at Florida Atlantic University in Jupiter. Phase II of the Scripps Florida development is a proposed multi-use master plan community within the City of Palm Beach Gardens located on approximately 683 acres of the Briger site. The proposed project includes 1,600,000 square feet of Scripps Biotech Research and Development, 2,400,000 square feet of other biotech/biomedical, pharmaceutical, ancillary off ice space, 500,000 square feet of retail space and 2,700 dwelling units. The proposed Scripps-Florida Phase II will generate 8,652 new jobs for the local economy over the next two decades. The City of Palm Beach Gardens currently has an employed labor force of approximately 22,533 out of a total labor force of about 24,322, for an unemployment rate of 7.3%. This rate compares favorably to the national unemployment rate of 9.8%. With the prospect of a major biotech medical research facility locating in Palm Beach County, future employment within the City appears more than stable. Long-term financial planning. As mentioned previously, the Scripps Research Institute will be located at the parcel of land known as the Briger site. Phase I of the Scripps project has recently been completed and encompasses 350,000 square feet of building within the Town of Jupiter on 30 acres on the Abacoa FAU campus. The remainder of the Scripps Florida program or 1.6 million square feet will be accommodated on 70 acres of the Briger site which is located within the City of Palm Beach Gardens. The Scripps Florida development presents many opportunities for the future financial stability of the City. However, there are also many challenges that will need to be dealt with. There will be quality of life issues that the City must face, such as transportation, roads, education, recreation, public safety and general government levels of services that must not be compromised for either existing or future residents. Unreserved, undesignated fund balance in the general fund (30.3 percent of total general fund expenditures) exceeds the recommended practice of a range of 515%. Due to future uncertainties related to the current economic and financial crisis along with changes to tax reform, the City is dedicated to maintaining a strong fund balance position throughout the coming fiscal years. Major Initiatives The next major City project will be the construction of an Emergency Operations and Communications Center. The building will be used to store City records and the information technology department’s equipment, house police dispatch, and act as the emergency operations center for hurricanes and any other City emergencies. The total cost will be approximately $3.6 million of which $1.6 million will be funded by police and fire impact fees and the remaining $2 million funded by a transfer from the general fund to the police impact fund. During 2009, there were several ongoing projects that will further enhance the City’s parks, facilities, and roadways. Two major projects included PGA Park improvements and the Kyoto Gardens Drive Extension. The PGA Park expansion project includes improvements to multi-purpose fields, field lighting, expanded playground area and equipment, pavilion and other amenities to meet the needs of a growing community. The project will also include parking, security lighting, site enhancements, and sports turf enhancements. The total project cost is approximately $2.6 million, with $200,000 funded from the Florida Department of Environmental Protection. The project was 48% complete as of September 30, 2009. V The Kyoto Gardens Drive Extension project included the design and construction of a four lane road with a traffic signal at the intersection of A1A and Kyoto Gardens Drive. The estimated project cost was approximately $3.7 million. This project was completed during the fiscal year. Awards and Acknowledgements The Government Finance Officers Association (“GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Palm Beach Gardens for its comprehensive annual financial report (“CAFR”) for the year ended September 30, 2008. This was the fourteenth consecutive year that the government has received this prestigious award. In order to be awarded a Certificate of Achievement, the government published an easily readable and efficiently organized CAFR. This report satisfied both GAAP and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current CAFR continues to meet the Certificate of Achievement Program’s requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. The GFOA also awarded the Award for Distinguished Budget Presentation to the City of Palm Beach Gardens for its operating and capital improvements budget for the year ended September 30,2009. In order to qualify for the Distinguished Budget Presentation Award, the City’s budget document was judged to be proficient in several categories, including as a policy document, a financial plan, an operations guide, and a communications device. The preparation of this report would not have been possible without the efficient and dedicated services of the entire staff of the finance department. We would like to express our appreciation to all members of the department who assisted and contributed to the preparation of this report. Credit also must be given to the Mayor and the Governing Council for their unfailing support for maintaining the highest standards of professionalism in the management of the City of Palm Beach Gardens’ finances. Ron Ferrid City Manager vi Allan Owens, CPA, CGFO Finance Director City of Palm Beach Gardens, Florida Principal City Officials As of September 30,2009 Mayor Vice-Mayor Council Member Council Member Council Member City Manager Assistant City Manager - Administration Assistant City Manager - Operations City Attorney City Clerk Director of Engineering Finance Administrator Human Resources Administrator Growth Management Administrator Information Systems Administrator Chief of Police Fire Chief Joseph Russo David Levy Eric Jablin Jody Barnett Bert Premuroso Ronald M. Ferris Stacy Rundle Jack Doughney Corbett &White, P.A. Patricia Snider Massimo Boss0 Allan Owens Sheryl Stewart Kara Irwin Eric Holdt Stephen Stepp Pete Bergel vii x -::Legal City of Palm Beach Gardens, Florida Organization Chart I -1 Mayor d City Council c I I I Manager, Administration City Manager I I Advisory Boards narninisrrarion Manager, Operations I I I I I I I Neighborhood Parks 8 Grounds Public Facilites Recreation Construction Golf Services Services viii a a a a a a a a a a a a a a a a a a a a a a a a a a a e e a e e 0 e 0 a a e e 0 e n a Certificate of Achievement for Excellence in Financial Reporting presentedto City of Palm Beach Gardens Florida For its Comprehensive Annual FinanCialReport for the Fiscal Year Ended September 30,2008 President Executive Director ix a e a a a a a a e a e a a a a a a a e a a a e a a a a a a a a a 0 a a a a a a a a a FINANCIAL SECTION REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS e a e e e e e e e e e e a a e a e e e e 0 e e a e e e e 0 e a e e 0 e e e e e e 0 a e a 3 1 rRampell& Rampell, €?A+ cded public accountants REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS To the Honorable Mayor, City Council City of Palm Beach Gardens, Florida We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Palm Beach Gardens, Florida (the City) as of and for the year ended September 30, 2009, which collectively comprise the City’s basic financial statements as listed in the table of contents. These financial statements are the responsibility of City’s management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Palm Beach Gardens Police Officers’ Pension Fund and the City of Palm Beach Gardens Firefighters’ Pension Fund (collectively, the Pension Trust Funds), which represents 97% and 103%, respectively, of the total assets and total additions of the Fiduciary Funds of the City. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the Pension Trust Funds, is based solely on the reports of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, based on our audit and the reports of other auditors, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City as of September 30, 2009, and the respective changes in financial position, and cash flows, where applicable, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated March 31, 201 0, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Management’s discussion and analysis (pages 9 through 19), the budgetary comparison schedule (pages 69 through 70), and the schedules of funding progress and employer contributions for the pension trust funds and other post employment benefits (pages 71 through 73) are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have 223 Sunset Avenue + Suite 200 + Palm Beach, Florida 33480 Q TEL (561) 655-5855 + FAX (561) 655-7688 applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, combining and individual fund financial statements and schedules, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual fund financial statements and schedules have been subjected to the auditing procedures applied by us and other auditors in the audit of the basic financial statements and, in our opinion, based on our audit and the report of other auditors, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. Rampell & Rampell, P.A. Palm Beach, Florida March 31,201 0 6 a a a a a a a a a a a a a a a a a a a e e e e e a a a a a a a a a a a e e e e e 0 0 0 .L MANAGEMENT’S DISCUSSION AND ANALYSIS e a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e e e e 0 e e e e a a City of Palm Beach Gardens, Florida Management’s Discussion and Analysis As management of the City of Palm Beach Gardens, Florida (the “City”), we offer readers of the City’s financial statements this narrative overview and analysis of the financial activities of the City for the year ended September 30, 2009. Readers are encouraged to consider the information presented here in conjunction with additional information that is furnished in the letter of transmittal, which can be found on pages iii to vi of this report. Financial Highlights 0 The assets of the City of Palm Beach Gardens exceeded its liabilities at the close of the most recent fiscal year by $1 06.2 million (net assets). Of this amount, $25.7 million (unrestricted net assets) may be used to meet the ongoing obligations to citizens and creditors. During the year ended September 30, 2009, the City’s net assets increased by $4.7 million. 0 As of the close of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $41 million, an increase of $900 thousand in comparison with the prior year. Approximately 54.6% of this total amount is available for spending at the government’s discretion (unreserved, undesigna fed fund balance). 0 At the end of the current fiscal year, unreserved, undesignated fund balance of the general fund was $19.8 million, or 30% of total general fund expenditures. The City‘s total governmental debt decreased by $2.9 million (8.30h) during the current fiscal year. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the City of Palm Beach Gardens’ basic financial statements. The City’s basic financial statements consist of three components: 1 ) government-wide financial statements, 2) fund financial statements, and 3) notes to the basic financial statements. In addition to these basic financial statements, this report contains other supplementary information. Government-wide Financial Statements. The government-wide financial statements are designed to provide readers with a broad overview of the City’s finances, in a manner similar to a private-sector business. The statement of net assets presents information on all of the City‘s assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the City’s net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will result in cash flows in future fiscal periods (e.g., earned but unused vacation leave). Both the government-wide and fund financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include public safety, physical environment, transportation, culture and recreation, and general government services. The City does not operate any business-type activities. The government-wide financial statements can be found on pages 23 - 25 of this report. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal 9 requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary funds and fiduciary funds. Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the City's near term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the City's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains several individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General, Recreation Impact Fee and Road Impact Fee funds, all of which are considered to be major funds. Data from the other governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non-major governmental funds is provided in the form of combining statements on pages 79 - 97 of this report. The City adopts an annual appropriated budget for its General Fund. A budgetary comparison schedule has been provided for the General Fund to demonstrate compliance with this budget (pages 69 - 70). The basic governmental fund financial statements can be found on pages 23 - 25 of this report. Proprietary Funds The City maintains only one type of proprietary fund. Internal service funds are used to account for the City's fleet maintenance and self insurance provided to all departments on a cost reimbursement basis. The basic proprietary fund financial statements can be found on pages 34 - 37 of this report. Fiduciary Funds Fiduciary funds are used to account for resources held for the benefit of parties outside the City. Fiduciary funds are not reflected in the government-wide financial statement because the resources of those funds are not available to support the City's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund financial statements can be found on pages 38 - 39 of this report. Notes to the Basic Financial Statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the basic financial statements can be found on pages 43 - 65 of this report. Other Information. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information including the budgetary comparison schedule of the General Fund and information concerning the City's progress in funding its obligation to provide pension and other postemployment benefits to its employees. Required supplementary information can be found on pages 69 - 75 of this report. The combining statements referred to earlier in connection with non-major governmental funds is presented immediately following the required supplementary information. Combining and individual fund statements and schedules can be found on pages 79-97 of this report. 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a a a e e a a a a a a a e a e e a e a a a a e e e a e a a a e e a e a a a a 0 a a a e a a Government-wide Financial Analysis As noted earlier, net assets may serve over time as a useful indicator of the City's financial position. In the case of the City of Palm Beach Gardens, assets exceeded liabilities by $106.2 million at the close of the most recent fiscal year. By far the largest portion of the City's net assets (63%) represents investment in capital assets (e.g., land, buildings and improvements, roadways, machinery and equipment), less any related outstanding debt used to acquire those assets. The City uses these capital assets to provide services to citizens; consequently, they are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources since the capital assets themselves cannot be used to liquidate these liabilities. (In millions) _TI Invested in capital Restricted assets net of related debt Unrestricted As the chart shown above illustrates, an additional portion of the City's net assets, $13.4 million (12.7%), represent resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets of $25.7 million (24.3%) may be used to meet the City's ongoing obligations to citizens and creditors . City of Palm Beach Gardens Net Assets September 30,2009 and 2008 The following table illustrates a summary of net assets by Governmental activities: Governmental Activities 2009 2008 Current and other assets Capital assets, net Total assets Long-term I iabi I i t ies Other liabilities Total liabilities Inested in capital assets, Restricted Unrestricted net of related debt Total net assets $ 53,833,998 $ 52,115,655 98.237.444 97.773.460 152,071,442 149,889,115 31,725,024 34,271,843 14.156.281 1 4,044.797 45,881,305 48,316,640 67,009,120 63,743,178 13,449,860 12,679,885 25,731 ,I 57 25,149,412 $ 106,190,137 $ 101,572,475 ~ At the end of the current fiscal year, the City is able to report positive balances in net assets for all governmental type activities. 11 There was an overall increase in the City’s assets of $2.2 million or 1.5% during the current fiscal year. The increase is a result of an increase in cash and investments due to revenues exceeding expenses during the current fiscal year. The City’s liabilities decreased by $2.4 million or 5% during the current fiscal year. The decrease represents the net effect of a reduction in debt of approximately $2.9 million along with an increase to record the net other postemployment benefit (OPEB) obligation of approximately $327 thousand. City of Palm Beach Gardens Changes in Net Assets September 30,2009 and 2008 Reenues: Program revenues: Charges for senices Operating grants and contributions Capital grants and contributions General Revenues: Taxes: Property taxes Local business tax Public service taxes Sales Tax and local option gas tax State shared reenue Unrestricted inestment earnings Gain on disposal of capital assets Miscellaneous Unrestricted intergoemmental: Total revenues Expenses: General goemment Public safety Cult urehecreat ion Physical environment Transportat ion Interest on long-term debt Total expenses Change in net assets Net assets - beginning Net assets - ending Governmental Activities 2009 2008 $ 15,424,011 $ 16,188,110 1,296,236 2,769,458 3,551,406 557,820 50,314,207 1,540,700 1,278,766 3,726,39 1 1,076,977 1,415,326 17,141 1.596.547 50,362,460 1,531,977 956,919 4,039,597 1,193,969 1,741,515 242,496 1.273.400 81,237,708 80,857,721 15,136,680 14,954,447 41,112,818 4031 0,054 9,151,914 8,784,481 5,771,316 6,067,686 3,954,595 3,860,350 1,492,723 1,662,578 76,620,046 75,839,596 4,617,662 5,018,125 101,572,475 96,554,350 $ 106,190,137 $ 101,572,475 Governmental Activities As illustrated in the table on the previous page, net assets of the City’s governmental activities increased by 4.6% ($4.7 million), from $101.5 million in last fiscal year to $106.2 million in the current fiscal year. Key elements of this increase are: 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 0 0 0 0 e a rn 0 Operating grants and contributions decreased by $1.5 million (53%), due primarily to prior year FEMA reimbursements relating to Hurricanes Frances and Jeanne. 0 Capital grants and contributions increased by $3 million (5270/0), due to a developer contribution from Catalfumo Construction for a portion of the Kyoto Gardens Drive extension. For the most part, increases in expenses closely paralleled inflation and growth in the demand for services. The chart below depicts expenses and program revenues by function for all governmental activities. The graph illustrates the relatively minor amount of support for governmental operations that is derived from program revenues. City of Palm Beach Gardens Expenses 81 Program Revenues - Governmental Activities (in millions) Year Ended September 30,2009 $40 $35 $30 $25 $20 $1 5 $1 0 $5 $0 General Public Safety Government Culture and Recreation Expenses Physical Transportation Interest on Long Environment Term Debt u Program Revenues 13 City of Palm Beach Gardens Revenues by Source - Governmental Activities Year Ended September 30,2009 Capital Grants & Operating Grants & Contributions Contributions 1% Charges for Services 19% Other Unrestricted Investment Earnings 2% State Shared Revenue 1 Yo Public Service Taxes 1% . I Sales Tax and Local Option Gas Tax 5% Local Business Tax 2% L L '\ As illustrated in the chart above, property taxes comprise 63% of total governmental activity revenues. Financial Analvsis of the Citv's Funds As noted earlier, the City of Palm Beach Gardens uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental Funds The focus of the City's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of the City's net resources available for spending at the end of the fiscal year. 14 e e e e e e e e e e e e e e e e e e e e e e e e e e e m e e e e e e e e e e e e 0 Property Taxes 63% a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a e a -- City of Palm Beach Gardens Governmental Fund Balances (in millions) - - September - - 30,2009 --- - - $lo $5 i General Fund rr Unreserved Fund Balance Other Governmental u Reserved Fund Balance As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances (both reserved and unreserved) of $41 million, an increase of $900 thousand in comparison with the prior year. Approximately 54.6% of this total amount ($22.4 million) represents unreserved, undesignated fund balance, which is available for spending at the City's discretion. The remainder of fund balance is reserved or designated to indicate it is not available for new spending because it has already been committed for a variety of purposes, such as construction projects, grant expenditures and encumbrances. The General Fund is the chief operating fund of the City. General tax revenues and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. General operating expenditures, fixed charges and capital improvement costs not paid through other funds are paid from this fund. At the end of the current fiscal year, unreserved, undesignated fund balance of the General Fund was $19.8 million, designated fund balance was $3.9 million, and reserved fund balance was approximately $3.5 million, for a total fund balance of $27.2 million. The amount of General Fund revenues by type, their percent of the total and the amount of change compared to last fiscal year are shown in the following schedule: Percent Percent Increase Percentage 2009 of 2008 of (Decrease) of Increase Remnue Sources Amount Tota I Amount Total From 2008 (Decrease) Taxes Franchise fees Licenses and permits Intergommmental Charges for setices Fines and forfeitures Inwstment income Miscellaneous Total revenues $ 53,133,673 5,702,964 2,020,336 5,626,551 1,936,315 424,257 1,285,619 817,773 $70,947,488 74.9% 8.0% 2.8% 8.0% 0.6% 1.8% 1.2% 1 00.0% 2.7% $52,851,356 551 6,091 2,832,118 7,439,267 1,826,390 307,933 1,332,349 630,151 $72,735,655 72.7% $ 282,317 7.6% 186,873 3.9% (81 1,782) 2.5% 109,925 0.4% 116,324 1.8% (46,730) 0.9% 1 87,622 1 0.2% ( 1 ,8 1 2,716) 100.0% $ (1,788,167) 0.5% 3.4% (28.7)0/, (24.4)% 6.0% 37.8% (3.5)oh 29.8% (2.5)0/, As illustrated above, General Fund revenue decreased by approximately $1.8 million, or 2.5%, in fiscal year 2009. Intergovernmental revenue decreased by $1.8 million or 24%, mainly due to FEMA reimbursements relating to Hurricanes Frances and Jeanne that were received in the prior year. Licenses and permits decreased by $800 thousand or 29% as a result of a decrease in building permits collected. 15 74.9% City of Palm Beach Gardens General Fund Revenues Year Ended September 30,2009 Investment Income Fines & Forfeitures 1.8% 1.2% Licenses &- Services I Intergovernmental /m - 7.9% Franchise Fees J 8.0% The graph above illustrates the percentage composition of General Fund revenues by type. As can be seen, Taxes comprise the majority of General Fund revenues, with the next largest sources of revenues being Franchise Fees and Intergovernmental revenues. Expenditures in the General Fund are shown in the following schedule: Percent Percent Increase Percentage 2009 of 2008 of (Decrease) of Increase Ex Dendi t ures Amount Tota I Amount Total From 2008 (Decrease) General goemment $ 14,592,013 21.8% $ 14,613,265 21.0% $ (21,252) (0,l)Yo Public safety 38,645,716 58.1% 38,458,969 55.5% 186,747 0.5% Culture and recreation 3,585,246 5.4% 3,788,261 5.5% (203,015) (5.4)0/, Physical environment 5,375,753 8.1% 5,848,500 8.4% (472,747) (8.1 )Yo Capital outlay 1,104,914 1.7% 3,374,646 4.9% (2,269,732) (67.3)Oh Debt senice 3,266,200 4.9% 3,272,400 4.7% (6,200) (0.2)YO Total expenditures $ 66,569,842 100.0% $69,356,041 100.0% $(2,786,199) (4.0)0/, In fiscal year 2009, total General Fund expenditures decreased $2.8 million or 4.0% compared to the prior year. The decrease is a result of tax reform and spending cuts mandated by the City. Public safety was the only function to show an increase compared to the prior year of approximately $1 87 thousand or .5%. The increase is mostly attributed to personnel costs associated with union negotiated salary adjustments and required employer contribution increases to the Police and Fire Pensions. As illustrated in the graph below, Public Safety expenditures account for over one-half of total General Fund expenditures: 16 a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 n a City of Palm Beach Gardens General Fund Expenditures Year Ended September 30,2009 \ Capital Outlay Physical 1.7% Debt Service 4.9% I General Environment 8.1% 1 1 Culture/ Recreation 5.4% Public Safety ' 58.1% Recreation Impact Fund: The City's Recreation Impact Fund is a capital project fund established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of enhancing recreational opportunities and service in the City. Recreation Impact Fund revenues consisted of approximately $208,000 from impact fees, $1 4,000 from investment income, $1 38,000 from intergovernmental revenue and $1 0,000 from miscellaneous sources. Capital outlay expenditures of $1 million were for the following projects: PGA Park improvements, Lilac Park improvements, Plant Drive Park expansion, and Tot Lot expansion and equipment. At the end of the current fiscal year, fund balance was $1,862,326. Road Impact Fund: The City's Road Impact Fund is a capital project fund established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of providing increased traffic service levels. Road Impact Fund revenues consisted of approximately $238,000 from impact fees, $76,000 from investment income and $439,000 from a developer contribution for their portion of the cost of a traffic signal installation at the intersection of Lake Victoria and Kyoto Gardens Drive. Capital outlay expenditures of $2.7 million were for the following projects: Kyoto Gardens Drive Extension, and traffic signal installation at the intersections of Lake Victoria and Kyoto Gardens Drive and Hiatt Drive and Northlake Boulevard. At the end of the current fiscal year, fund balance was $4,052~ 33. General Fund Budgetary Highlights During the past year, the budget was amended two times. The Council authorized the budget amendments principally to: 0 Adjust the carryover of funds by the amounts reserved for purchase orders and designated for projects from the previous fiscal year. 0 Adjust fund balance carryovers to actual amounts per the fiscal year 2008 audit. 17 Capital Assets and Debt Administration Capital Assets: The following table illustrates the City’s capital assets for its governmental activities as of September 30, 2009, which amount to $98.2 million (net of accumulated depreciation). These assets include land, buildings, roadways, drainage and structures, improvements other than buildings and machinery and equipment. The total increase in the City’s capital assets for the current fiscal year was 5%. Govern m e nta I Activities 2009 2008 Land $ 14,852,345 $ 14,724,235 Construction in progress 3,713,300 5,699,479 Buildings 20,578,188 21,739,264 Roadways 29,801,718 25,086,751 Drainage and structures 1 4,074,939 14’270,329 Improvements other than buildings 8,551,050 8,368,857 Total $98,237,444 $ 97,773,460 Machinery and equipment 6,665,904 7,8a4,545 - . Major capital asset events during the current fiscal year included the following: 0 Completion of the Kyoto Gardens Drive extension project totaling $5.8 million 0 Completion of the PGA Park renovations project totaling approximately $798,000 Purchase of two rescue units totaling approximately $31 9,000 Additional information on the City’s capital assets can be found in Note 5 starting on page 51 of this report. Long-term Debt: The following table illustrates the City’s governmental activity long-term debt. At the end of the current fiscal year, the City had total debt outstanding of $32.5 million. All of the City‘s outstanding debt is secured by specified revenue sources: Debt payable: General obligation Non ad mlorem bonds payable Notes payable Capital leases payable Total a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e 0 0 0 a Governmenta I Activities 2009 2008 $10,567,106 $ 11,527,046 20,980,228 22,802,384 72,881 922,247 996,465 $32,469,581 $ 35,398,776 All of the City’s general obligation debt is rated AA or higher by Standard & Poor’s and Fitch Ratings. The City’s non-ad valorem debt is rated AA-1 or higher by Standard & Poor’s and Fitch and AA-2 by Moody’s. The City’s comprehensive plan provides that debt expenditures shall not exceed 20% of total annual revenues and total outstanding debt is limited to no more than 10% of the City’s property tax base. Additional information on the City’s long-term debt can be found in Note 6 starting on page 52 of this report. 18 a a a e a a a a a a a e e a a a a a a e e e a a a a a a a e a a e a a a e a a a a a a m Economic Factors and Next Year's Budgets and Rates The City's local economy is primarily based upon construction, retail and service activities. The unemployment rate for the City is currently 7.3%. Due to the current economic conditions and declining real estate market, new construction was down 45% to $189.3 million in permit valuation issued during the fiscal year. All of these factors were considered in preparing the City of Palm Beach Gardens' budget for the year ending September 30, 201 0. During the current fiscal year, undesignated fund balance in the General Fund was $19.8 million. It is approximately equal to three months of the General Fund expenditures. Over the last nine years, the City has been able to increase its undesignated fund balance as shown in the graph to the right. Fiscal Years 2001 through 2009 (in millions) 20 15 10 5 0 2001 Fiscal Years 2001 through 2009 et- 2001 2002 2003 2004 2005 2006 2007 2008 2009 soprating & Debt Millage 2002 2003 2004 2005 2006 2007 2008 2009 Undesignated Fund Balance In 1995, the State of Florida limited all local governments' ability to increase property taxable values in any given year to 3% or cost of living, whichever is lower. The graph to the left indicates the property tax trend over the last nine years. For many years, the City, just like many cities across the country, has had to face the challenge of keeping taxes and service charges as low as possible while providing residents with the level of service they have come to expect. Reauests for Information This financial report is designed to provide a general overview of the City of Palm Beach Gardens' finances for all those with an interest in the City's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to Allan Owens, Finance Administrator, Finance Department, City of Palm Beach Gardens, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. 19 I BASIC FINANCIAL STATEMENTS City of Palm Beach Gardens, Florida Statement of Net Assets September 30,2009 Governmental Assets: Cash and cash equivalents Investments Receivables (net of allowance for doubtful accounts of $887,076) Due from other governments Inventories Prepaid expenses Net pension asset Deferred charges Investment in Joint Venture Capital assets not being depreciated Capital assets being depreciated, net Total assets Liabilities: Accounts payable Accrued liabilities Claims payable Unearned revenue Accrued interest payable Noncurrent liabilities: Due within one year Due in more than one year Total liabilities Net assets: Invested in capital assets, net of related debt Restricted for: Capital improvements Debt service Other purposes Total net assets Unrestricted Activities $ 23,236,605 26,261,673 2,055,140 51 7,773 220,780 57,092 222,956 31 7,314 944,665 18,565,645 79,671,799 $ 152,071,442 $ 3,069,955 2,572,383 848,230 3,506,477 460,341 3,698,895 31,725,024 $ 45,881,305 $ 67,009,120 10,749,468 2,395,707 304,685 25,731,157 $ 106.190.137 See notes to basic financial statements. 23 City of Palm Beach Gardens, Florida Statement of Activities Year Ended September 30,2009 FunctionslPrograms Programs Activities Governmental activities: General government Public safety Culture and recreation Physical environment Transportation Interest on long-term debt Total governmental activities Expenses Program Revenues Charges Operating Capital for Grants and Grants and Services Contributions Contributions $ 15,136,680 $ 8,594,096 $ -$ 7,190 41,112,818 2,423,564 1,257,168 77,871 9,151,914 4,168,677 7,500 138,401 5,771,316 - 31,568 1 17,960 3,954,595 237,674 - 3,209,984 1.492.723 76.620.046 15.424.01 1 1,296,236 3,551,406 General revenues: Property taxes Local business tax Public service taxes Sales tax and local option gas tax State shared revenue Taxes: Unrestricted intergovernmental: Unrestricted investment earnings Gain on disposal of capital assets Miscellaneous Total general revenues Change in net assets Net assets, beginning Net assets, ending See notes to basic financial statements. 24 a a a a a a a a e a a a a a a a a a e a a a a a a a a a a a a a a a a a 0 e a 0 e 0 0 a a a e e e e e e e e e e e e e e e e e e e a m e e e e e e e e a a e a Net (Expense) Revenue and Change in Net Assets Governmental Activities $ (6,535,394) (37,354,215) (4,837,336) (5,621,788) (1,492,723) (56,348,393) (506,937) 50,314,207 1,540,700 1,278,766 3,726,391 1,076,977 1,415,326 17,141 1,596,547 60,966,055 4,617,662 101,572,475 $ 106,190,137 b 25 City of Palm Beach Gardens, Florida Balance Sheet Governmental Funds September 30,2009 Assets: Current assets: Cash and cash equivalents Investments Receivables: Accounts (net of allowance for doubtful Note Franchise fees Utility taxes Interest Due from other governments Inventory Prepaid expenditures Total assets accounts of $887,076) Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Unearned revenue Total liabilities Fund Balances: Reserved for: Encumbrances Long term note Debt service Prepaid expenditures Law enforcement Inventory Unreserved, designated for: Special projects Subsequent year budget Economic development General fund Special revenue funds Total fund balances Total liabilities and fund balances Unreserved, undesignated, reported in: See notes to basic financial statements. 26 Road Recreation General Impact Fees Impact Fees $ 6,875,503 24,940,131 $ 1,725,700 $ 5,146,308 850,520 289,288 350,000 1,004,124 86,413 147,516 26,071 323,786 138,401 - 46.952 - $34,063,713 $ 1,864,101 6,022,899 e e e e e e e e e e e e e e e e e e e e 0 e 0 e e e e e e e e 0 e 0 0 0 0 0 e a 19,850,415 a 27,250,097 1,862,326 4,052,133 $34,063,713 $ 1,864,101 $6,022,899 rn $ $ 2,751,666 1,775 $ 168,951 2,567,052 1,494,898 1,801,815 6,813,616 1,775 1,970,766 379,686 350,000 2,395,707 46,952 304,685 - 64,636 437,584 1,183,679 1,756,726 982,247 1,797,690 3,614,549 a a a a a a a a Other Total a Governmental Governmental a Funds Funds a a $ 7,505,450 $21,252,961 a 471,022 26,261,673 a a 57,936 347,224 - 350,000 a - 1,004,124 a - 86,413 14,438 188,025 55,586 517,773 21,802 21,802 a 10,140 57,092 a $ 8,136,374 50,087,087 a a * a $ 36,776 a 5,331 a $ 2,959,168 2,572,383 a 209,764 3,506,477 a a a a a 0 a a a a 251,871 9,038,028 0 - 19,850,415 a a a a e e 2,548,489 2,548,489 7,884,503 41,049,059 $ 8,136,374 $50,087,087 40,769 10,140 21,802 - 5,263,303 922,675 350,000 2,395,707 57,092 304,685 21,802 11,859,221 1,756,726 982,247 n 27 City of Palm Beach Gardens, Florida Reconciliation of Governmental Fund Balance Sheet to the Statement of Net Assets September 30,2009 Total fund balances - governmental funds (page 27) Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds. (Excludes internal service fund capital assets.) Governmental funds report the effect of issuance costs, premiums, discounts and similar items when debt is first issued, whereas these are deferred and amortized in the statement of activities. Deferred charges Long-term liabilities are not due and payable in the current period and therefore are not reported in the funds. (Excludes internal service fund liabilities.) Long-term liabilities at year-end consist of: Bonds payable Capital leases payable Net other postemployment benefit obligation Accrued interest payable Compensated absences The internal service funds are used by management to charge the cost of fleet maintenance activities and insurance to individual funds. The assets and liabilities of the internal service funds are included in governmental activities in the statement of net assets. Other long term assets are not available to pay for current period expenditures, and therefore, are not recognized in the funds. Investment in joint venture Net pension asset Total net assets of governmental activities (page 23) See notes to basic financial statements. 28 (30,623,391 ) (922,247) (327,000) (460,341) (2,942,908) $ 41,049,059 96,592,568 317,314 (35,275,887) 2,339,462 944,665 222,956 $106,190,137 e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e a - e e e e e e e e e a e e e e e e e e e e e e e e e e e e a e e e e 0 0 e e e e a a a a a City of Palm Beach Gardens, Florida Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds Year Ended September 30,2009 Recreation Road General Impact Impact Revenues: Taxes Ad valorem taxes Local business taxes Utility taxes Franchise fees Licenses and permits Intergovernmental Impact fees Charges for services Fines and forfeitures Investment income Miscellaneous Total revenues Expenditures: Current: General government Public safety Culture and recreation Physical environment Transportation Capital outlay Debt service: Principal Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Sale of capital assets Total other financing sources (uses) Net change in fund balances Fund balances, beginning Fund balances, ending 30 $ 50,314,207 1,540,700 1,278,766 5,702,964 2,020,336 5,626,551 1,936,315 424,257 1,285,619 81 7,773 $ 138,401 208,258 237,673 13,936 76,047 10,000 439.091 70,947,488 370,595 752,811 14,592,013 38,645,716 3,585,246 5,375,753 1,104,914 8,330 1,001,099 - 9,507 2,738,305 2,231,314 1,034,886 66,569,842 1,009,429 2,747,812 4,377,646 (638,834) (1,995,001) 362,762 (2,625,943) (702,373) 7,278 - (2,255,903) (702,373) 2,121,743 (638,834) (2,697,374) 25,128,354 2,501,160 6,749,507 $ 27,250,097 $ 1,862,326 $ 4,052,133 e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e a e a a e e e e a a a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a m ~~ Other Total Governmental Governmental Funds Funds $ $ 50,314,207 1,540,700 1,278,766 5,702,964 - 2,020,336 689,819 6,454,771 121,567 567,498 3,928,860 5,865,175 11,970 436,227 39,143 1,414,745 803,356 2.070.220 5,594,715 77,665,609 432,959 3,770,162 799,713 395,394 697,881 363,320 14,592,013 39,078,675 7,363,738 5,375,753 809,220 5,239,712 2,929,195 1,398,206 6,459,429 76,786,512 (864,714) 879,097 3,928,316 4,291,078 (91 0,000) (4,238,316) - 7,278 3,018,316 60,040 2,153,602 939,137 5,730,901 40,109,922 $ 7.884.503 $ 41.049.059 31 City of Palm Beach Gardens, Florida Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of the Governmental Funds to the Statement of Activities Year Ended September 30,2009 Net change in fund balances- total governmental funds (page 31) $ 939,137 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of capital assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. The amount is less than the total capital outlay since capital outlay includes amounts that are under the capitalization threshold, and therefore, were not capitalized. Expenditures for capital assets Less current year depreciation In the statement of activities, only the gain on the sale of capital assets is reported, whereas in the governmental funds, the proceeds from the disposal increase financial resources: 3,044,798 (5,013,594) (1,968,796) Proceeds from disposal of capital assets Gain on disposal of capital assets Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds: Capital contributions from developer (90,616) 51,477 (39,139) 2,770,893 Debt proceeds provide current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. Also, governmental funds report the effect of issuance costs, premiums, discounts and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities: Principal payments on debt Amortization of issuance costs Amortization of deferred charges Amortization of premium 2,929,195 (33,699) (1 30,753) 37,215 2,801,958 Some expenses reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds: Change in accrued interest payable Change in compensated absences Net other postemployment benefit obligation Change in net pension benefit asset 32 32,720 1,794 (327,000) (38,341) (330,827) Continued on next page. e a a a a a a a a a a e a a a a e a a e e 0 e a a a a a a a a a a a a e a e a a a a e m Governmental funds report the investment in joint venture as expenditures. However, the cost of the investment in joint venture is recorded as an asset in the statements of net assets. Internal service funds are used by management to charge the cost of fleet maintenance and self-insurance activities to individual funds. The net revenues of the internal service funds are reported with governmental activities. Change in net assets of governmental activities (page 25) 144,726 299,710 $ 4,617,662 33 City of Palm Beach Gardens, Florida Statement of Net Assets Proprietary Funds September 30,2009 Govern men tal Activities Internal Service Funds Fleet Self Manaaement Insurance Assets: Current assets: Cash and cash equivalents Accounts receivable Inventory Total current assets Capital assets being depreciated, net Total noncurrent assets Total assets Noncurrent assets: Liabilities: Current liabilities: Accounts payable Claims payable Total current liabilities Noncurrent liabilities: Claims payable Compensated absences payable Total noncurrent liabilities Total liabilities Net Assets: Invested in capital assets Unrestricted Total net assets See notes to basic financial statements. 34 $ 104,146 198,978 $1,879,498 79,354 303,124 1,958,852 1,644,876 - 1,644,876 $1,948,000 $1,958,852 - - - - - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m $ 41,862 $ 68,925 848,230 41.862 91 7.1 55 576,801 31,572 31,572 576,801 $ 73,434 $1,493,956 $1,644,876 $ 229,690 464,896 $1,874,566 $ 464,896 e 0 0 e e 0 0 a e 0 e e a e e a e 0 0 e e e 0 e a 0 e 0 e a 0 0 e a e 0 e e a 0 a 0 e rn City of Palm Beach Gardens, Florida Statement of Revenues, Expenses and Changes in Fund Net Assets Proprietary Funds Year Ended September 30,2009 Operating revenues: Charges for service Employer contributions Employee contributions Miscellaneous Total operating revenues Govdrnmental Activities lnkernal Service Fbnds Fleet Self Management Insurance $ 2,123,202 $ - 5,495,972 - 767,895 15,879 83,051 2,139,081 6,346,918 Operating expenses: Personnel expenses Claims expense Repair and maintenance Fuel and chemicals Operating supplies Other professional and contractual Other expenses Depreciation Total operating expenses Operating income (loss) Nonoperating revenues (expenses): Investment income Loss on disposal of capital assets Total nonoperating revenues (expenses) Income (loss) before transfers Transfers out Change in net assets Net assets, beginning Net assets, ending 731 ,109 - - 5,258,022 272,374 509,206 102,063 - 12,665 624,578 5,910 - 2,217,169 5,882,600 (78,088) 464,318 583,842 578 (34,336) (34,336) 578 (112,424) 464,896 (52,762) (1 65,186) 464,896 2,039,752 - $ 1,874,566 $ 464,896 See notes to basic financial statements. 35 City of Palm Beach Gardens, Florida Statement of Cash Flows Proprietary Funds Year Ended September 30,2009 Governmental Activities Cash flows from operating activities: Receipts for interfund services provided Payments to suppliers for goods and services Payments to employees for services Payments for claims Other operating revenues Net cash provided by operating activities Cash flows from noncapital financing activities: Transfers to other funds Net cash used in noncapital financing activities Cash flows from capital and related financing activities: Purchases of capital assets Proceeds from sale of capital assets Net cash used in capital and related financing activities Cash flows from investing activities: Interest earned Net cash provided by investing activities Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Internal Service Funds Fleet Self Management Insurance $ 2,123,202 $ 6,184,513 (970,363) (555,653) (730,474) (3,832,991 ) 15.879 83.051 438.244 1.878.920 (52,762) (52,762) (368,353) 49,150 (319.203) 578 578 66,279 1,879,498 37,867 $ 104,146 $ 1,879,498 Continued on next page. 36 e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e a 0 A City of Palm Beach Gardens, Florida Statement of Cash Flows (Continued) Proprietary Funds Year Ended September 30,2009 Governmental Adtivities Internal Service Punds Fleet Self Management Insurance Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation Changes in operating assets and liabilities: Accounts receivable Inventory Accounts payable and accrued liabilities Claims payable Compensated absences Total adjustments Net cash provided by operating activities $ (78,088) $ 464,318 583,842 (79,354) (40,827) (27,318) 68,925 1,425,031 516,332 1,414,602 $438,244 $ 1,878,920 635 See notes to basic financial statements. 37 City of Palm Beach Gardens, Florida Statement of Fiduciary Net Assets Fiduciary Funds September 30,2009 Pension Trust Funds Assets: Cash and cash equivalents Investments, at fair values: U.S. Government obligations Municipal bonds Mortgage backed securities Corporate bonds Equity securities Equity funds International funds Real estate funds Total investments Receivables: Interest Employer State of Florida Employees Total receivables Prepaid expenses Total assets Liabilities: Accounts payable Due to DROP Account Total liabilities Net assets: Net assets held in trust for pension benefits See notes to basic financial statements. 38 $ 4,977,325 3,022,8 1 9 219,538 6,195,842 10,285,857 18,662,239 12,364,077 5,089,928 756.753 56,597,053 226,224 1,647,729 492,584 11 5,353 2,481,890 64,884 $64,121,152 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 0 e 0 0 0 m $ 83,725 80,506 $ 164,231 $63,956,921 City of Palm Beach Gardens, Florida Statement of Changes in Fiduciary Net Assets Fiduciary Funds Year Ended September 30,2009 Additions: Contributions: Employer Insurance premium taxes collected by the State of Florida Employee Total contributions on behalf of the City of Palm Beach Gardens Investment earnings: Net appreciation in fair value of investments Interest and dividends Total investment earnings Less investment expense Net investment earnings Total additions Deductions: Pension benefits Administrative expenses Total deductions Change in net assets Net assets, beginning Net assets, ending See notes to basic financial statements. Pension Trust Funds $ 6,590,913 1 ,101,129 1,484,851 9,176,893 1,153,639 1,356,605 2,510,244 (260,462) 2,249,782 11,426,675 1,648,814 191,216 1,840,030 9,586,645 54.370.276 $ 63,956,921 39 e e e e e e e e e e e e e e e e e e e e e e e 0 0 e e e e e e e e e e e e e e e a e e e e e e e e e e e e e e e e e e e e e e e e 0 0 e e e e e e 0 e e 0 e e a e e e e rn NOTES TO BASIC FINANCIAL STATEMENITS a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e a 0 a e 0 m City of Palm Beach Gardens, Florida Notes to Basic Financial Statements September 30,2009 Note 1. Summary of Significant Accounting Policies The City of Palm Beach Gardens, Florida (the “City”) was incorporated in 1959, pursuant to House Bill No. 2186, and is located in Northern Palm Beach County, Florida. The City is governed by an elected City Council (the “Council”), which appoints a City Manager. The City provides the following services to its residents: public safety, growth management, sanitation, streets and roads, parks, recreation and a golf course. The Council is responsible for legislative and fiscal control of the City. The City operates under a Council-Manager form of government. Significant accounting and reporting policies and practices used by the City are described below: A. Financial Reporting Entity The financial statements of the City have been prepared in conformity with accounting principles generally accepted in the United States (“GAAP) as applied to governmental units. The Governmental Accounting Standards Board (“GASB) is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The financial statements were prepared in accordance with GAS6 Codification Section 21 00, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of elected officials. The financial reporting entity consists of the City, organizations for which the City is financially accountable and other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the City’s financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization’s governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on the City. Based upon the application of these criteria, there were no organizations that met the criteria for component units described above. 6. Government-Wide and Fund Financial Statements The government-wide financial statements (Le., the statement of net assets and the statement of activities) report information on all of the non-fiduciary activities of the City. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for services. The City reported no business-type activities during the current fiscal year. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those expenses that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use or directly benefit from goods, services or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operation or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds, proprietary funds and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental funds are reported as separate columns in the fund financial statements. All remaining nonmajor governmental funds are aggregated and reported as other governmental funds. C. Measurement Focus, Basis of Accounting and Basis of Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial 43 Note 1. Summary of Significant Accounting Polices (continued) statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenues as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences, are recorded only when payment is due. Property taxes when levied for, franchise taxes, licenses, charges for services, intergovernmental if eligibility requirements are met, and interest associated with the current fiscal period are all considered to be measurable and so have been recognized as revenues of the current fiscal period if available. All other revenue items are considered to be measurable only when cash is received by the City. The City reports the following major governmental funds: The General Fund - The general fund is the primary operating fund and is used to account for all financial resources applicable to the general operations of the City except those required to be accounted for in another fund. The Recreation Impact Fund - This capital projects fund accounts for the cost of acquiring, constructing and placing into service improvements using impact fees collected for the purpose of improving recreational facilities within the City. The Road Impact Fund - This capital projects fund accounts for the cost of acquiring, constructing and placing into service improvements using impact fees collected for the purpose of improving roads within the City. Additionally, the City reports the following fund types: The lnternal Service Funds - The City operates two internal service funds to account for fleet management services provided to other departments on a cost reimbursement basis and to account for self-insurance health benefits. The Pension Trust Funds - The City’s three defined benefit pension plans are accounted for in individual pension trust funds. The pension trust funds are the General Employees’ Pension, the Police Pension and the Fire Pension. Private-sector standards of accounting and financial reporting issued prior to December 1, 1989, are followed in both the government-wide and proprietary fund type financial statements to the extent that those standards do not conflict with or contradict guidance of the GASB. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. lnterfund services provided and used are not eliminated in the process of consolidation. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of an internal service 44 a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a 0 a a a a 0 a a a a a a a a a Note 1. Summary of Significant Accounting Policies (continued) fund are charges to other funds for usage. Operating expenses for the internal serviqe fund include the cost of sales and services, administrative expenses and depreciation on capital assets1 All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenbes. When both restricted and unrestricted resources are available for use, it is the Uity’s policy to use restricted resources first, and then unrestricted resources as they are needed. Cash and cash eauivalents: Cash and cash equivalents are defined as deposits with financial institutions, money market accounts and mutual funds, and highly liquid investments which are readily convertible to known amounts of cash and have a maturity when purchased of three months or less. For purposes of the statement of cash flows, cash and cash equivalents also include each respective fund’s equity in pooled cash and investments. Each fund is able to withdraw cash at any time without prior notice or penalty and there is sufficient liquidity to meet the daily cash needs of each fund. Investments: Investments are reported at fair value. Money market mutual funds are reparted at cost which approximates fair value. Securities traded on national or international exchanges are valued at the last reported sales price or exchange rates. Net appreciation (depreciation) in fair value of investments includes the difference between cost and fair value of investments held as well as the net realized gains and losses for securities which are sold. Interest and dividend income are recognized on the accrual basis when earned. Purchases and sales of investments are recorded on a trade basis. Quoted market prices are used to value investments. Interfund receivables and Davables: arrangements outstanding at the end of the fiscal year are referred to as “due to/from other funds.” Activity between funds that is representative of lending/borrowing Receivables: Receivables include amounts due for franchise taxes, utility taxes, extra police services and emergency medical services. The City does not require collateral for accounts receivable, Receivables for emergency medical service billings are reported net of an allowance for doubtful accounts, wihich is determined based on the age of the individual receivable. Generally, the allowance includes accounts ovel60 days past due. Accounts receivable are written off on an individual basis in the year the City deems them to be uncollectible. Inventory: Inventory is valued at the lower of cost or market using the first-in, first-out basis and accounted for using the consumption method whereby inventories are charged against operations in the period when used. Inventory in the special revenue golf fund consists of merchandise held for resale. Inventory in the internal service fund consists of vehicle engine parts and fuel held for consumption. The reserve for inventory in governmental fund types equals the physical inventory to indicate that a portion of fund balance is not available for appropriation. PreDaid exDenditures: Prepaid expenditures consist of certain costs which have been paid prior to the end of the fiscal year, but represent items which are applicable to future accounting periods. Reoorted amounts in governmental funds are equally offset by a reservation of fund balance to indicate that these amounts are not available for appropriation. Unearned revenue: Governmental funds defer revenue recognition in connection with resouraes that have been received, but not yet earned. At the end of the current fiscal year, unearned revenues consi4t of local business taxes, impact fees, and charges for recreation programs that were collected by the end of the fiscal year that relate to and will be earned in the subsequent fiscal year. CaDital assets: Capital assets, which include property, plant, equipment and infrastructure (e.g., streets, sidewalks, drainage or similar items) are reported in governmental activities in the governrbent-wide financial statements and proprietary fund financial statements. Capital assets are defined by the City as assets with an initial individual cost of $5,000 or more and an estimated life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assdts are recorded at estimated fair market value on the date of donation. Lease agreements that qualify as capital leases are recorded at the present value of their future minimum lease payments as of the inception date. 45 Note 1. Summary of Significant Accounting Policies (continued) Major outlays for capital assets and improvements are capitalized as projects are constructed. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Property, plant, equipment and infrastructure of the City are depreciated using the straight-line method over the following estimated useful lives: Buildings Roadways Drainage and structures Years 25 3-40 35 - 75 Machinery and equipment 3-7 Improwments other than buildings 15 Land improwments 25 In the governmental fund financial statements, capital assets are reported as expenditures and no depreciation expense is reported. Compensated absences: It is the City’s policy to permit employees to accumulate a limited amount of earned but unused personal leave, which will be paid upon separation of service. Compensated absences are accrued when incurred in the government-wide and proprietary fund financial statements. A liability for these amounts is reported in the governmental funds only if it has matured, for example, as a result of employee resignation or retirements. Compensated absences for governmental activities typically have been liquidated in the general fund. On-behalf pavments: The City receives on-behalf payments from the State of Florida to be used for Police and Fire-Rescue pension benefits. Such payments are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis government-wide and general fund financial statements, but are not budgeted and therefore are not included in the general fund budgetary comparison schedule. On-behalf payments paid to the City by the State totaled $1,101,129 for the year ended September 30, 2009. Pursuant to City Ordinance, the Fire Pension deducts 2% of the total compensation for participants from the Chapter 175 taxes received during the fiscal year and allocates this amount as Employee Contributions in lieu of increasing the members’ contribution rate. Lona-term obliaations: In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities or proprietary fund type statement of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources, while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received and principal payments on debt are reported as debt service expenditures. Net other Dostemdovment benefit obliaations: In fiscal year 2009, the City implemented GASB Statement No. 45, ‘%Accounting and Financial Reporting by Employers for Postemployment Benefits Other than Pensions. ” This pronouncement requires the City to calculate and recognize a net other postemployment benefit obligation at September 30, 2009. The net other postemployment benefit obligation is, in general, the cumulative difference between the actuarial required contribution and the actual contributions since October 1, 2008. 46 e e e e e e e a a a e e e e e e e e e e e e e e e 0 e e a e e e 0 0 a a a a a a m a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a a a a Note 1. Summary of Significant Accounting Policies (continued) Net assets: Equity in the government-wide statement of net assets is displayed in three categories: 1) invested in capital assets, net of related debt, 2) restricted, and 3) unrestricted. Net assets invested in ciapital assets net of related debt consist of capital assets reduced by accumulated depreciation and by any outstanding debt incurred to acquire, construct or improve those assets, excluding unexpended proceeds. Net assets are reported as restricted when there are legal limitations imposed on their use by City legislation or external restrictions by other governments, creditors or grantors. Unrestricted net assets consist of all net assets that do not meet the definition of either of the other two components. Fund eauity: In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of unreserved fund balance in governmental funds indicate the wtilization of these resources in the ensuing year‘s budget or tentative plans for future use. The following is a description of the reserves and designations used by the City: Reserved for encumbrances - Represents outstanding purchase orders and open contracts at year end which will be re-appropriated in the subsequent year. Reserved for lona-term note - Represents portion of fund balance restricted for note receivable. Reserved for debt service - Represents portion of fund balance restricted for debt service reserves. Reserved for Prepaid expenditures - Indicates that a portion of fund balance is segregated since these items do not represent “available spendable resources.” Reserved for law enforcement - Represents the portion of fund balances restricted to use in law enforcement activities. Reserved for inventory - Indicates that a portion of fund balance is segregated since these items do not represent “available spendable resources.” Desianated for special Droiects - Represents funds set aside for future projects. Desianated for subseauent Year budaet - Represents funds set aside for next year’s budget. Desianated for economic development - Represents funds set aside by the City for contributions and loans relating to economic development. Use of estimates: The preparation of the financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the dhte of the financial statements. Estimates also affect the reported amounts of revenues and expenditures/expenses during the reporting period. Actual results could differ from estimates. Note 2. Cash and Cash Equivalents and Investments Cash and Cash Eauivalents: Cash and cash equivalents at September 30, 2009, excluding amounts held by Fiduciary Funds, include petty cash of $3,755 and deposits with financial institutions with a carrying value of $13,691,945 and a bank balance of $14,064,708 and money market mutual funds with a carrying value of $9,540,905. The City also has a certificate of deposit in the amount af $3,100,000 with a financial institution which is classified as an investment due to the maturity date when purchased. Cash and short term investments of the Fiduciary Funds at September 30, 2009, consist of deposits with financial institutions wikh a carrying value of $1 22,288 and money market mutual funds with a carrying value of $4,855,037. a m 47 Note 2. Cash and Cash Equivalents and Investments (continued) All deposits with financial institutions were entirely covered by a combination of federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions which comply with the requirements of Florida Statutes and have been designated as a qualified public depository by the State Treasurer. Qualified public depositories are required to pledge collateral to the State Treasurer with a fair value equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories in the collateral pool. Accordingly, all deposits with financial institutions are considered fully insured. The money market mutual fund deposits are uninsured and uncollateralized. Investments: Florida Statutes and the City’s investment policy authorize the City to invest in obligations and agencies of the U.S. Government; fully collateralized interest bearing time deposits or savings accounts with banks or savings and loan associations; the Local Government Surplus Trust Fund or the Florida Counties Investment Trust Fund; short term corporate obligations; investments in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, provided the portfolio of such investment company is limited to Government Obligations and to repurchase agreements fully collateralized by such Government Obligations; and repurchase agreements collateralized by Government Obligations, Government National Mortgage Association, Fannie Mae or Florida Home Loan Mortgage Corporation. The City’s Pension Boards have full power and authority to invest and reinvest subject to the general terms, conditions, limitations and restrictions imposed by Part VII, Chapter 112, Florida Statutes, on the investments of public employee retirement systems. The carrying value (fair value) of investments at September 30, 2009, was as follows: Primary Fiduciary Gowmment Funds U.S. Gowmment obligations Municipal bonds Mortgage backed securities Corporate obligations Equity securities Equity funds International funds Real estate funds Certificate of deposit Total Investments $ 6,012,244 17,149,429 3,100.000 $ 3,022,819 219,538 6,195,842 10,285,857 18,662,239 12,364,077 5,089,928 756,753 $ 26,261,673 $ 56,597,053 The value, liquidity, and related income of certain securities with contractual cash flows, such as asset backed securities collateralized by mortgage obligations, commercial mortgage backed securities, and mutual funds investing in these securities or entities, are particularly sensitive to changes in economic conditions, including real estate value, delinquencies or defaults, or both, and may be adversely affected by shifts in the market’s perception of the issuers and changes in interest rates. Due to the various risks associated with certain investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial statements. Interest Rate Risk: Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. Cash equivalents have a weighted average maturity of ninety days or less, 48 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 e a a a ~~ ~ a a a a a a a a a a a e e a a a a a e a a a a a a a a a a a a a a a a a a a e e e a Note 2. resulting in minimal interest rate risk. As a means of limiting its exposure to fair value losses arising from rising interest rates, the City’s investment policy states that on any given date, at least 40% of the investment portfolio shall mature within one year, not more than 20% of the investment portfolio shall mature beyond five (5) years, and no security may have a maturity (or expected life) of greater than fifteen (15) years. Although the Fiduciary Funds’ investment policies do not provide limitations as to maturities, the Funds minimize the risk of fair value losses in fixed income portfolios due to rising interest rates by structuring the investment portfolio so that securities mature to meet ongoing cash requirements, thereby avoiding the need to sell securities on the open market prior to maturity; and by investing operating funds primarily in shorter-term securities or by cash flow projections. The table below summarizes the scheduled maturities of fixed income investments at September 30, 2009: Cash and Cash Equivalents and Investments (continued) Investment Maturities Less Than One to Six to More Than Invastme nt TvDe 8 Fair Value One Year Five Years Ten Years Ten Years Primarv Government US. Goemment obligations $ 6,012,244 $ 1,996,150 $ 4,016,094 $ -$ Mortgage backed securities 17,149,429 3,994,742 13,154,687 Certificate of deposit 3,100,000 3,100,000 Total Primary Government $ 26,261,673 $ 9,090,892 $ 17,170,781 $ Fiduciarv Funds U.S. Gowmment obligations $ 3,022,819 $ 30,788 $ 1,000,912 $1,108,887 $ 882,232 Mortgage backed securities 6,195,842 240,090 993,843 820,472 4,141,437 Corporate obligations 1 0,285,857 31 7,970 4,917,842 4,362,297 687,748 Total Fiduciary Funds $ 19,724,056 $ 588,848 $ 6,912,597 $6,291,656 $5,930,955 Municipal bonds 21 9,538 - 219,538 Credit Risk: Credit risk is the risk that an issuer will not fulfill its obligations. The City’s investment policy minimizes credit risk by limiting investments to the safest types of securities and diversifying the investment portfolio. Investments in short-term corporate obligations are limited to corporations with assets exceeding $500,000,000, and whose obligations are rated at the time of purchase at one of three highest classifications established by at least two Nationally Recognized Statistical Rating Organizations (NRSRO), which mature not later than 180 days from date of purchase, and do not exceed 10% of the corporation’s obligations. In addition to the previously mentioned investments, the Police Pension Plan’s investment policy limits corporate obligations to only those holding a rating of one of the three highest classifications by an NRSRO. Neither the Fire Pension nor the General Employee Pension Plans’ investment policies limit corporate obligations to those with one of the three highest classifications by an NRSRO. The NRSRO ratings for the City’s investments at September 30, 2009, are summarized below. All other securities are not rated. lnveshn ent Type NRSRO Rating Fair Value Municipal bonds Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations Corporate obligations AA AAA.. ..A Aaa Aal Aa2 Aa3 A1 A2 A3 Baal Baa2 Baa3 Not Rated $ 219,538 5,963,735 337,724 5,937 546,386 167,816 593,779 1,147,501 700,872 388,528 262,071 77,631 93,877 49 Note 2. Cash and Cash Equivalents and Investments (continued) Custodial Credit Risk: Custodial credit risk is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The investment policy of the City minimizes this risk by prohibiting the purchase or securities subject to custodial credit risk. The City and its pension plans require that all securities be held by a third party custodian in the name of the City. Securities transactions between a broker-dealer and the custodian involving the purchase or sale of securities must be made on a “delivery vs. payment” basis to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. Concentration of Credit Risk: Concentration of credit risk is defined as the risk of loss attributed to the magnitude of an investment in a single issuer. The City does not have any specific policy for concentration of credit risk, although it does provide for diversification to limit the potential losses on individual securities. The City’s pension plans’ investment policies limit investments in the stock of any one issuing company to 5% of the Plans’ assets and to 5% of the outstanding capital stock of any issuing company. Investments issued or explicitly guaranteed by the U.S. government and investments in mutual funds, external investment pools and other pooled investments are excluded from this requirement. As of September 30, 2009, none of the City’s general investments or pension plan investments exceeded 5% of plan net assets. Foreian Currencv Risk: Foreign currency risk is the risk that changes in exchange rates will adversely affect the fair value of an investment. While there was no direct exposure to foreign currency risk in the City’s investments at September 30, 2009, the City’s fiduciary funds do invest in international equity mutual funds that had a fair value of $5,089,928 at September 30,2009. Note 3. Property Taxes Under Florida law, the assessment of all properties and the collection of all county, municipal and school board property taxes are consolidated in the offices of the County Property Appraiser and County Tax Collector, respectively. All property is reassessed according to its fair market value on January 1 of each year and each assessment roll is submitted to the State Department of Revenue for review to determine if the assessment roll meets all of the appropriate requirements of State law. State statutes permit municipalities to levy property taxes at a rate of up to 10 mills. The tax levy of the City is established by the Council prior to October 1’‘ of each year during the budget process. The Palm Beach County Property Appraiser incorporates the City’s millage into the total tax levy, which includes the County, County School Board, and special district tax requirements. The millage rate assessed by the City for the year ended September 30, 2009, was 5.399 ($5.399 for each $1,000 of assessed valuation). Taxes may be paid less a 4% discount in November, or at declining discounts each month through the month of February. All unpaid taxes become delinquent on April 1” following the year in which they are assessed. Delinquent taxes on real property bear interest at 18% per year. On or prior to June 1’‘ following the tax year, certificates are offered for sale for all delinquent taxes on real property. After sale, tax certificates bear interest at 18% per year or at any lower rate bid by the buyer. Application for a tax deed on any unredeemed tax certificates may be made by the certificate holder after a period of two years. Unsold certificates are held by the County. Delinquent taxes on personal property bear interest at 18% per year until the tax is satisfied either by seizure and sale of the property or by the five-year statute of limitations. At September 30, 2009, unpaid delinquent taxes are not material and have not been recorded by the City. Note 4. Note Receivable On August 20, 2009, the City approved Resolution 60, 2009, which authorized an economic development loan to Sancilio and Company, Inc. in the amount of $350,000, which was executed on August 24, 2009. The promissory note bears interest at 4.5%, and the term is thirty-six (36) months. The note is secured by assets of Sancilio and 50 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 a a a a a a a a a a a a a a a a e a a a a a a a e a a a a a a a a a a a e a a a 0 0 a a a Note 4. Note Receivable (continued) Company, Inc. Monthly interest payments in the amount of $1,312 are due in the first year. Thereafter, principal and interest payments in the amount of $3,627 are due monthly. The remaining principal balance, together with accrued interest, in the amount of $291,981 is due and payable to the City in August 2012. The principal balance of the note was $350,000 as of September 30, 2009. Note 5. Capital Assets Capital assets activity for the year ended September 30, 2009, was as follows: Governmental activities: Capital assets not being depreciated: Land Construction in progress Total capital assets not being depreciated Buildings Roadways Drainage and structures Machinery and equipment Improvements other than buildings Total capital assets being depreciated Buildings Roadways Drainage and structures Machinery and equipment Improvements other than buildings Total accumulated depreciation Capital assets being depreciated: Less accumulated depreciation: Total capital assets being depreciated, net Governmental activities capital assets, net Balance Balance October 1, Additions/ Retirements/ September 30, 2008 Transfers Transfers 2009 $ 14,724,235 $ 128,110 $ - $ 14,852,345 5,699,479 5,554,494 (7,540,673) 3,713,300 20,423,7 14 5,682,604 (7,540,673) 18,565,645 31,838,729 43,583 31,882,312 59,779,010 5,853,403 65,632,413 17,479,569 17,479,569 21,100,099 1,172,633 (1,534,133) 20,738,599 13,832,407 972,495 (75,956) 14,728,946 144,029,814 8,042,114 (1,610,089) 150,461,839 (1 0,099,465) (1,204,659) (34,692,259) (1,138,436) (3,209,240) (195,390) (13,215,554) (2,278,111) 1,420,970 (5,463,550) (780,840) 66,494 (1 1,304,124) (35,830,695) (3,404,630) (14,072,695) (6,177,896) (66,680,068) (5,597,436) 1,487,464 (70,790,040) 77,349,746 2,444,678 (1 22,625) 79,671,799 $ 97,773,460 S 8.127.282 $ (7,663,298) $ 98,237,444 Depreciation expense was charged to functions as follows: Goemmental activities: General gowmment Public safety Culture and recreation Physical endronment Transportation Total depreciation expense - governmental activities $ 365,403 1,560,327 1,688,979 749,158 1,233,569 $5,597,436 51 Note 6. Long-Term Debt Changes in Long-Term Liabilities Long-tem liability activity for the year ended September 30, 2009, was as follows: Gownmental actiities: Balance October 1, Balance Due September 30, Within Notes payable Capital leases payable Compensated absences General obligation bonds payable Pubic improwment and refunding bonds payable Add premium on rewnue bonds Less deferred loss on bonds Public improwment bonds payable Claims payable 2008 Additions Reductions 2009 One Year $ 72,881 996,465 2,975,638 1 1,527,046 19,720,000 431,891 (1,449,372) 3,082,384 $ - $ (72,881) $ -$ (74,218) 922,247 78,075 3,605,858 (3,607,016) 2,974,480 173,317 - (959,940) 10,567,106 1,000,801 - (1,485,000) 18,235,000 1,520,000 (37,2 1 5) 394,676 130,753 (1,318,619) (337,156) 2,745,228 349,901 576,801 576,801 576,801 Net OPE6 obligation 446,000 (1 19,000) 327,000 Total governmental activities $37,356,933 $4,628,659 $ (6,561,673) $35,423,919 $3,698,895 Notes Payable RBC Centura Note On August 19, 2004, the City approved, through adoption of Resolution 163, 2004, the issuance of a variable interest rate note of the City in the principal amount of $364,401 to fund the acquisition of certain fire fighting apparatus. The City had pledged to budget and appropriate this obligation payable from non ad valorem revenue. The outstanding balance was paid off and the offsetting liability removed during the fiscal year. Capital Leases Payable The City has entered into various lease agreements as lessee for financing the acquisition of fire rescue vehicles. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of their future minimum lease payments as of the inception date. Assets acquired through capital leases are as follows: Assets: Machinery and equipment Less accumulated depreciation Tota I 52 Gowmmental Activities $ 1,416,988 (673,032) $ 743,956 e e e e e 0 e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e 0 e 0 a a a Note 6. Long-Term Debt (continued) The future minimum lease obligations and the net present value of these minimum lease payments as of September 30, 2009 were as follows: Year Ending Govermental September 30, Actiwties 201 0 201 1 201 2 201 3 2014 Total minimum lease payments Less amount representing interest Present value of minimum lease payments 20 1 5-201 8 $ 125,792 125,792 125,792 299,028 73,749 405,645 1,155,798 (23335 1 ) !% 922.247 Outstanding Bonds Payable Balance General Obliaation Bonds The City's voters authorized by special referendum on September 3, 1996, the issuance of bonds, not to exceed $19.1 million, for payment of the cost of demolition of the old City Hall and Police Station; acquisition, constructionland furnishing of the new City Hall, new Police Station, and an addition to the central Fire $tation; and improvements to certain recreational facilities. The bonds are general obligations of the City, payable from ad valorem taxes to be levied upon all taxable property in the City, in1 addition to all other taxes, without limitation as to rate or amount. The bonds were issued in wries. Series 1998 The City issued $4,400,000 General Obligatiion Bonds, Series 1998 on July 1, 1998. Interest on the bonds is 4.50% and is payable semi-annually on January 1 and July1 , commencing on January 1, 1999. Principal payments will be due July 1 each year beginning July 1, 1999 through July 1, 2018. Debt service paymenta will be made from the general fund. Series 1999 The City issued $3,700,000 General Obligatim Bonds, Series 1999 on July 1, 1999. Interest on the bonds is 4.85% and is payable semi-annually on January 1 and July 1 commencing on January 1, 2000. Principal payments will be due July 1 each year beginning July 1, 2000 through July 1,201 9. Debt service payrnenta will be made from the general fund. Series 2000 The City issued $1,200,000 General Obligation Bonds, Series 2000 on July 28, 2000. Interest on the bonds is 5.23% and is payable semi-annually on January 1 and July 1 commencing on January 2, 2001. Principal payments will tie due July 1 each year beginning July 1, 2001 through July 1,201 5. Debt service payments will be made from the general fund. Series 2005 The City approved issued $6,901,176 Genetal Obligation Refunding Bonds, Series 2005 on May 20, 2005, to retire the General Obligation Bonds that were issued in 1996 and 1997. Interest on the bonds is 3.32% and is paygble semi-annually on June 1 and December 1. Principal is payable in annual installments df $21 8,298 to $334,319, with the final payment $ 2,465,000 4 2,260,000 ; 591,119 .- due December- 1,2017. Debt service paymehts will be made from the general fund. $ 5,250,987 Total general obligation bonds $ 10,567,106 53 Note 6. Long-Term Debt (continued) e e e e e 0 e ~~~ Public ImDrovement Bonds On November 6, 2003, the City Council approved, through adoption of Resolution 174, 2003, the issuance of Public Improvement Bonds in one or more series for the purpose of financing the costs of acquiring, constructing and installing capital and non-capital projects and refunding prior obligations issued by the City. The bonds are payable from non ad valorem revenues. Series 2003 On November 6, 2003, the City approved through adoption of Resolution 175, 2003, the issuance of Public Improvement and Refunding Bonds, Series 2003 in the amount of $27,220,000 for the purpose of refunding certain prior obligations of the City. Interest at rates ranging from 2.00% to 5.00% is payable semi-annually on May 1 and November 1. Principal is payable in annual installments of $1,020,000 to $3,460,000, with the final payment due May 1,2021. Debt service payments will be made from the general fund. Series 2005 On December 15, 2005, the City approved, through adoption of Resolution 170, 2005, the issuance of Public Improvement Bond, Series 2005, in the amount of $1,155,200 for the purpose of financing the cost of improvements to the City’s Golf Course. Interest at the rate of 3.78% is payable semi-annually on June 1 and December 1. Principal is payable in annual installments of $98,809 to $135,533, with the final payment due December 1, 201 5. Debt service payments will be made from the general fund. $ 18,235,000 $ 851,134 Series 2006 On April 6, 2006, the City approved, through adoption of Resolution 37, 2006, the issuance of Public Improvement Bond, Series 2006, in the amount of $2,600,000 for the purpose of financing the cost of improvements to the City’s Parks and Public Safety Facilities. Interest at the rate of 3.78% is payable semi-annually on June 1 and December 1. Principal is payable in annual installments of $224,151 to $301,613, with the final payment due December 1, 2015. Debt service payments will be made from the general fund. Total public improvement bonds $ 1,894,094 $ 20,980,228 Annual debt service payments to maturity for all bonds are as follows: Year Ending General Obligation Bonds Public Improvement Bonds Total All Bonds SeDtember 30 Principal Interest Principal Interest Principal Interest Total e e e e e e e e e e e e e e e e a a 201 0 $ 1,000,801 $ 416,193 $ 1,869,901 $ 840,064 $ 2,870,702 $ 1,256,257 $ 4,126,959 201 1 1,042,429 375,569 1,923,126 784,788 2,965,555 1 ,I 60,357 4,125,912 e 201 2 1,079,868 333,192 1,981,853 724,002 3,061,721 1,057,194 4,118,915 2013 1,128,153 289,273 2,051,097 657,325 3,179,250 946,598 4,125,848 201 4 1,177,316 243,309 1,760,881 585,823 2,938,197 829,132 3,767,329 a 201 5-201 9 5,138,539 497,906 8,603,370 1,814,534 13,741,909 2,312,440 16,054,349 2020-2023 2,790,000 223,688 2,790,000 223,688 3,013,688 $ 10,567,106 $ 2,155,442 $ 20,980,228 $ 5,630,224 $ 31,547,334 $ 7,785,666 $ 39,333,000 l a a In-Substance Defeasance - Prior Years In 2003, the City defeased a bond issue (Florida Intergovernmental Finance Commission Capital Revenue Bonds, 2001 Series B) by creating a separate irrevocable trust fund. New debt was issued and the proceeds of the new debt were used to purchase U.S. government securities that were placed in an irrevocable trust fund. The investments and fixed earnings from the investments are sufficient to fully service the defeased debt until the debt is called or matures. For financial reporting purposes, the debt has been considered defeased and therefore a e 0 a a a 54 a a a a a a a a a a a a a a 0 a a a a a a e a a a a a a a a a a a a a a a a a a e e n a Transfer In General Nonmajor Note 6. Long-Term Debt (continued) removed as a liability from the City’s government-wide financial statements. As of September 30, 2009, the amount of defeased debt outstanding, but removed from the City’s government-wide financial statements is $1 4,140,000. Note 7. lnterfund Transfers The following is a summary of transfers by fund type for the year ended September 30,2009: Road impact fees Non-major gowmmental funds lntemal senice fund 702,373 702,373 310,000 600,000 910,000 52.762 52,762 $ 362,762 $ 3,928,316 $ 4,291,078 = Transfers were made to move unrestricted general fund revenues to finance various programs that the government must account for in other funds for capital or construction programs in accordance with budgetary authorizations. A non-routine transfer of $2?,000,000 made from the general fund to the police impact fund to partially fund the construction of an Emergency Operations and Communications Center. Other transfers to the nonmajor governmental funds were made to subsidize operations and for scheduled debt service payments. Transfers were made from the fleet maintenance internal service fund to the general fund for administrative overhead costs. Note 8. Pension Plans Florida Retirement Svstem - Defined Benefit ,Plan In October 2006, the City approved, throughl the adoption of Resolution 84, 2006, the participation in the Florida Retirement System (“FRS”) for general employees, including elected officials and senior management. Employees participating in another City retirement plan that were hired prior to October 1, 2006, had the right to elect to continue participating in the City plan or discontinue participation in the City plan and join the FRS. Employees that elected to join the FRS were eligible for past service credit, at the City’s expense, for the period of the participation in the City retirement plan, uip to 9.75 years. Additional past service credit could be purchased at the employee’s expense. Employees are vested in FRS after six years of service. The FRS is a cost-sharing, multiple employ& defined benefit pension plan. Plan members are not required to contribute to the plan. FRS was created by the Florida Legislature and is administered by the State of Florida, Department of Management Services, Division of Retirement. FRS provides retirement, disability or death benefits for retirees or their designated beneficiaries. All retirement legislation must comply with Article X, Section 14 of the State Constitution and Part VII, Chapter 112 Florida Statutes. Both of these provisions require that any increase in retirement benefits must be funded concurrently on an actuarially sound basis. FRS issues a publicly available financial teport that includes statements of financial condition, investment objectives and policy, an actuarial report, historical and statistical information on active members, annuitants, and benefit payments, as well as a description of the retirement plans. The report may be obtained by writing to the Division of Retirement, 2639 North Monroe Street, Building C, Tallahassee, Florida 32399-1 560. 55 Note 8. Pension Plans (continued) As of September 30, 2009, the City’s required annual contribution is 9.85% of the covered salary for general employees, 13.12% for senior management, and 16.53% for elected officials. The City’s contributions to FRS for the years ended September 30, 2009, 2008, and 2007 were $1,288,364, $1,276,293, and $1,175,309, respectively, equal to 100% of the required contributions for each year. Citv SDonsored - Defined Benefit Plans Plan DescriDtions: The City is the sponsor of three single employer defined benefit plans: City of Palm Beach Gardens Police Officers’ Pension Fund (the “Police Pension”) covering police officers, City of Palm Beach Gardens Retirement Plan for Firefighters (the “Fire Pension”) covering Firefighters and City of Palm Beach Gardens Retirement Plan for General Employees (the “General Employees’ Pension”). The defined benefit plan for general employees was closed to new employees hired after May 1, 1995. All three plans are reported as pension trust funds. The City Council is authorized to establish benefit levels and to approve the actuarial assumptions used in the determination of contribution levels. At the election of the Pension Boards, separate audited financial statements are produced for the Police Pension and the Fire Pension. The General Employees Pension does not issue separate statements. The stand-alone statements for the Police Pension and the Fire Pension can be obtained from the respective pension boards. Each pension plan has its own board that acts as plan administrator and trustee. Each plan’s assets may only be used for the payment of benefits to the members and beneficiaries of the plan in accordance with the terms of each plan document. The costs of administering each plan are financed in the appropriate pension trust fund. The Florida Constitution requires local governments to make the actuarially determined contribution. The Florida Division of Retirement reviews and approves each local government’s actuarial report for funding purposes. Additionally, the State collects two locally authorized insurance premium surcharges (one for the Police Pension Plan on casualty insurance policies and one for the Fire Pension Plan on certain real and personal property insurance policies within the corporate limits) which can only be distributed after the State has ascertained that the local government has met their actuarial funding requirement for the then most recently completed fiscal year. Basis of Accounting The Plan’s financial statements are prepared using the accrual basis of accounting. Employee contributions are recognized in the period in which the contributions are due. Employer and State of Florida contributions are recognized when due and the employer has made a formal commitment to provide the contributions. Benefits and refunds are recognized when due and payable in accordance with the terms of the Plans. Investments: Investments are reported at fair value and are managed by third party money managers. The Plans’ independent custodians and individual money managers price each instrument using various third party pricing sources. The benefits and refunds of the defined benefit pension plans are recognized when due and payable in accordance with the terms of the plan. Actuarial AssumDtions: The following schedule is derived from the respective actuarial reports and City information for the three pension plans as part of the actuarial valuation pertaining to the year ended September 30, 2009: 56 a a a a a a a a e a a e a a e a a a a a a a a a a a a a a a a a a a a a a a a a a a e a a a a a a a e e a a a e a e e a a a a a a e e a a a e a a a a a a e a a a a a a a a a Note 8. Pension Plans (continued) Asset Valuation: Reporting Actuarial Valuation Legal Reserves Long-Term Receivable InternalIParticipant Loans Membership and Plan Provisions: Members: Active Participants Retirees and Beneficiaries Terminated Vested Normal Retirement Benefits: Retirement Age Years of Service (minimum) Accrual Maximum Years to Vest Contributions: Actuarial Rate: City State Participants Actuarial Methods: Valuation Date Asset Valuation Method Actuarial Cost Method Amortization Method Amortization Period Investment return Projected salary increases Inflation Cost of living adjustments Significant Actuarial Assumptions: General Employees' Police Fire Fair value 4-year smoothed None None None Fair value (1) None None None Fair value 4-year smoothed None None None 2 13 3 107 27 1 121 6 1 62 None 2.50% None 10 52 10 3.50% 100.00% 10 52 10 3.00% 99.00% 10 32.90% NIA 6.00% 35.78% 4.41 Yo 8.60% 31.18% NIA 6.00% 1011 107 4-year smoothed Entry age Normal Level dollar 30 years 8.00% 6.50% 3.00% 0.00% 1 011 107 (1) Entry age Normal Level percent of pay, closed 30 years 7.50% 7.50% 3.00% NIA 9130107 4-year smoothed market Projected Unit Credit Level percent of pay, closed 27 years 8.25% 4.50% 4.50% 1 %-3% (') Effective October 1 , 2006, the asset valuation method was changed from the five year smoothed method to a method that recognizes 20% of the difference between market value of assets and expected actuarial asset value. 57 Note 8. Pension Plans (continued) Annual Pension Cost and Net Pension Asset The City’s annual pension cost and net pension asset for the Police Pension for the current year was as follows: Annual Required Contributions (ARC) Interest on net pension asset Adjustment to annual required contribution Annual Pension Cost (APC) Contributions made Increase in net pension asset Net pension asset, beginning of year Net pension asset, end of year $ 3,762,323 (17,537) 28,407 3,773,193 3,762,323 (1 0,870) 233,826 P $ 222,956 - Three Year Trend Information: The City’s annual required contribution and actual contributions for each plan for the last three fiscal years ended September 30, is shown below. The 2009 required contributions were determined as part of the actuarial valuation pertaining to year ended September 30,2009, for each plan: Three Year Trend Information Annual Percentage Net Pension Pension of APC (Obligation) Cost (A PC) Contributed Asset General Employees‘ Pension: 2007 2008 2009 Police Pension: 2007 2008 2009 Fire Pension: 2007 2008 2009 $ 90,703 91,488 60,503 3,192,312 3,567,231 3,773,193 2,247,828 3,055,991 3,180,731 1 00.0% 1 00.0% 100.0% 99.5% 99.7% 99.7% 1 00.0% 100.0% 1 00.0% 244,509 233,826 222,956 Funded Status: The schedule of funding progress presents information about the actuarial value of plan assets relative to the actuarial accrued liability for the year ended September 30, 2009. 58 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a a a a a a a a a 0 0 0 m a a a a a a a a a a a a e a a a a a a a a a a a a a a a a a a a a e a a a a a a a a a a Note 8. Pension Plans (continued) Schedule of Funding Progress UAAL as a Actuarial Unfunded Actuarial Percentage Actuarial Value of Acturial Accrued Accrued Liability Funded Covered of Covered Valuation of Assets Liability (AAL) - (UAAL) Ratio Payroll Payroll Date (a) (b) @-a) (db) (c 1 ((b-a)/c) General Employees' Pension Police Pension 10/1/2007 Fire Pension 1 O/ 1 /2007 1 O/ 1 /2007 $ 2,761,142 $ 3,242,068 $ 480,926 85.17% 1 30,793 367.70% 24,431,125 53.22% 8,915,563 15,578,135 53.95% 9,549,000 274.03% 163.14% 52,230,511 33,826,082 27,799,386 1 8,247,947 The required Schedule of Funding Progress immediately following the notes to the financial statements presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. The General Employees Pension does not issue separate stand-alone financial statements, therefore, included below is the financial information for the Plan as of and for the year ended September 30,2009: General Employees Pension Trust Fund $ 65,940 2,002,526 22,789 2,091,255 Assets: Cash and cash equivalents Inwstments Receivables Total assets Accounts payable Liabilities: Net assets held in trust for pension benefits Additions: Contributions : Employer Employees Total contributions Investment earnings (loss): Net decrease in the fair value of investments Interest and dividends Less investment expenses Net inwstment loss Total additions Deduct ions: Pension benefits Administrative expenses Total deductions Change in net assets Net assets, beginning Net assets, ending 6,536 $ 2,084,719 $ 60,503 8,970 69,473 (1 39,486) 56,266 (1 0,659) (93,879) (24,406) 296,477 16,809 31 3,286 (337,692) 2,422,411 $ 2.084.719 59 Note 8. Pension Plans (continued) Defined Contribution Plan The City of Palm Beach Gardens Money Purchase Plan (the “General Plan”) and the City of Palm Beach Gardens Executive Plan (the “Executive Plan”) are defined contribution pension plans established by the City and administered by ICMA Retirement Corporation to provide benefits at retirement to the employees of the City. The General Plan was closed to new employees hired on or after October 1, 2006. Employees of the City that were hired prior to October 1, 2006, and elected not to join the FRS are eligible to participate in the General Plan. The City contributes to the General Plan an amount equal to the FRS contribution rate (9.85% general employee and 13.12% senior management) of the employee’s base salary each month. Employees also contribute an amount equal to 4% of their base salary in the General Plan. The City’s contributions for each employee (and interest allocated to the employees’ accounts) are fully vested after one year of continuous service. Plan revisions and contribution requirements are established and may be amended by the City Council. The City Manager is the only employee eligible to participate in the Executive Plan. The City contributes 15% to the Executive Plan. As part of the employment agreement with the City Manager, the City contributes 3% of the base salary to the Executive Plan, in addition to the 15%. The City’s contributions were calculated using the base salary amount of $1,802,483 for the General Plan and $193,704 for the Executive Plan. The City made its required contributions of $189,192 for the General Plan and $34,866 for the Executive Plan and employees made their required contributions of $71,994 to the General Plan. Deferred ComDensation Plan The City offers its employees deferred compensation plans created in accordance with Internal Revenue Service Code Section 457. This plan, available to all City employees, permits them to defer the payment of a portion of their salary until future years. Participation in this plan is voluntary and the City makes no contributions to these plans on behalf of the employee. The deferred compensation is not available to employees until termination, retirement, death, or unforeseen emergency. All amounts of compensation deferred, including the investments and earnings thereon, vest with the employee and are not subject to the claims of the City’s general creditors. Note 9. Other Postemployment Benefits The cost of postemployment healthcare benefits generally should be associated with the periods in which the cost occurs, rather than in the future year when it will be paid. The City recognizes the cost of postemployment healthcare benefits in the year when the employee services are received, reports the accumulated liability from prior years, and provides information useful in assessing potential demands on the City’s future cash flows. Plan DescriDtion The City provides certain healthcare benefits to active and retired employees and their dependents. The health plan is a single employer plan administered by the City. The benefits, levels of benefit, employee contributions, and employer contributions are governed by the City and can be amended by the City through management recommendations to, and approval by, City Council as part of the annual budget adoption process. The plan is not reported as a trust fund nor has an irrevocable trust or equivalent arrangement been established to account for the plan. As a result, the plan does not issue a separate financial report. The activity of the plan is reported in the City’s Self Insurance fund, an internal service fund. Benefits Provided Retired City employees can continue the same medical coverage they had as active employees. The City provides postemployment health care benefits to its retired employees and their dependents. To be eligible for benefits, an employee must reach retirement eligibility in their respective pension plan. All health care benefits are provided through the City’s self-insured health plan. The benefit levels are the same as those afforded to active employees. Benefits include general inpatient and outpatient medical services; mental, and substance abuse care; dental care; and prescriptions. Upon a retired employee reaching 65 years of age, Medicare becomes the primary insurer and the City’s plan will not pay benefits already paid by Medicare. 60 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rn e e e 0 e e e e e e e e e e e e e e e e e e e e e e e e e e e 0 e 0 e 0 a a a a a a a a F-- ,; *, ’ Note 9. Other Postemployment Benefits (continued) MembershiD As of September 30, 2009, membership consisted of: Membership September 30,2009 ActiE Employees 445 Retirees Total 14 459 Fundina Policy The City establishes the individual premium to be paid by the retired employees. The State of Florida prohibits the City from separately rating retired employees and active employees. As a- result, the City’s premium charges to retired employees can be no more than the premium cost applicable to active employees. Generally accepted accounting principles, however, require that the actuarial information presented below be calculated using age adjusted premiums approximating claims costs for retirees separate from the active employees. The use of age adjusted premiums results in the addition of an implicit rate subsidy into the actuarial accrued liability. For the year ended September 30, 2009, retired employees contributed $1 11,022 to the plan. For those employees, through its Self Insurance Fund, the City paid $159,155 in claims and administrative costs resulting in a net contribution of $(48,133). Active employees do not contribute 100% of the premium cost to the plan until retirement. Annul OPEB Cost and Annual OPEB Obliaation The City’s actuarial valuation was performed for the plan as of October 1, 2008 and determined the employer’s annual required contribution (ARC) for the year ended September 30, 2009. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal costs each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed 30 years. The following table shows the components of the City’s annual OPEB cost for the year, benefit payments made, and the changes in the net OPEB obligation. Annual Required Contribution (ARC) Interest on net OPEB obligation Adjustment to annual required contribution Annual OPEB cost Benefit payments m ade Increase in net OPEB obligation Net OPEB obligation, beginning of year Net OPE6 obligation, end of year $ 446,000 446,000 (1 19,000) 327,000 $ 327.000 The City’s annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for 2009 was as follows: Fiscal Year Annual Benefit Percentage of Annual OPEB Net OPEB Ended OPEB Cost Pay m en t s Cost Contributed Obligation 9/30/2009 $ 446,000 $ 119,000 26.68% $ 327,000 61 Note 9. Other Postemployment Benefits (continued) Funded Status The funded status of the plan as October 1, 2008, the most recent actuarial valuation date, was as follows: Schedule of Funding Progress Unfunded Actuarial Actuarial UAAL as a Actuarial Accrued Accrued Percentage Actuarial Value of Liability Liability Funded Cowed of Cowed Valuation of Assets (AAL) - (UAAL) Ratio Payroll Payroll Date (a) (b) (b-a) (db) (c) ((b-a)/c) 10/1/2008 $ - $ 3,590,000 $ 3,590,000 0.00% $29,531,001 12.16% Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multi-year trend information that shows whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. The City has not established an irrevocable trust fund or equivalent arrangement to accumulate assets to cover the unfunded actuarial accrued liability, but instead has elected to account for the OPEB liability on a pay as you go basis. Actuarial Methods and AssumDtions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The projections do not explicitly incorporate the potential effects of legal or contractual funding limitations. The actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the October 1, 2008 actuarial valuation, the projected unit credit method was used. The actuarial assumptions included 4 percent investment rate of return (net of administrative expenses), a discount rate of 4%, an annual healthcare cost trend rate of 10.5 percent decreasing 1 percent each year until it reaches an ultimate rate of 6.5 percent and salary scale growth of 4 percent. Life expectancies were based upon data found in the RP-2000 mortality and disability tables. The actuarial value of assets was not determined as the City has not advance funded its obligation. The plan’s unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on a closed basis. The remaining amortization period at September 30, 2009 was thirty years. Note 10. Contingent Liabilities Amounts received or receivable from grantor agencies are subject to audit and adjustments by grantor agencies, principally the federal government. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of expenditures that may be disallowed by the grantor cannot be determined at this time, although the City expects such amounts, if any, to be immaterial. 62 a a e a a a a e a a 0 e a a a a a a a a a a a a a a a a a a 0 a a a a e a 0 0 a e 0 0 0 0 0 0 Note 10. Contingent Liabilities (continued) 0 a 0 0 0 City. 0 The City is a defendant in various claims and legal actions occurring in the course of operations. While the ultimate outcome of the litigation cannot be determined at this time, management believes that any amounts not covered by insurance, if any, resulting from these lawsuits would not materially affect the financial position of the 63 0 Note 11. Commitments Commitments on major construction contracts consist of the following: Contracts 0 0 Project September 30, Retainage to 0 0 0 0 0 0 Total Expended at and Balance Project Authorization 2009 Payable Complete Bridge Refurbishment Project $ 598,000 $ 35,100 $ $ 562,900 0 PGA Park Improements 2,509,260 1,271,331 1,237,929 Emergency Operations Center 3,574,037 128,713 3,445,324 500,686 Municipal Complex Civic Enhancement 818,000 31 7,314 $ 7,499,297 $ 1,752,458 $ - $ 5,746,839 0 0 0 September 30, 2009. Solid Waste, Recvclina. and Veaetative Waste Collection Services On February 17, 2006, the City entered into an agreement with Waste Management, Inc. of Florida granting an exclusive solid waste, recycling and vegetative waste collection services franchise. The term of the contract is seven years from April 1, 2006 to March 30, 2012. The cost of the contract totaled $2,536,721 for the year ended 0 0 Note 12. Jointly Governed Organization 0 0 0 The City, through an interlocal agreement with certain other municipalities and Palm Beach County, created the Seacoast Utility Authority (“Seacoast”) which provides water and sewer service to the citizens of each of the participating municipalities and a portion of Palm Beach County. Seacoast’s governing board is comprised of one member from each participating entity. Seacoast is an independent authority organized under the laws of the State of Florida and the City has no participating equity ownership in Seacoast. The City paid $105,890 to Seacoast during the fiscal year for water and sewer service. 0 Note 13. Risk Management and Health Insurance (continued) specific claims has been set. Commercial insurance for specific loss claims in excess of the coverage provided by the fund is supplied by Symetra Life Insurance Company. The City has contracted with Blue Cross/Blue Shield to perform certain administrative functions, such as monitoring, reviewing and paying claims. Settled claims have not exceeded the excess insurance limits during the fiscal year. All City departments participate in the program and make payments to the self insurance fund based upon actuarial estimates of the amounts needed to pay prior and current year claims, claims reserves, and administrative costs. Liabilities of the fund are reported when it is probable that a loss has occurred and the amount of the loss can be reasonably estimated. Liabilities include an amount for claims that have been incurred but not reported (IBNRs). The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly, claims are reevaluated periodically to consider the effects of inflation, recent claim settlement trends (including frequency and amount of pay-outs), and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether the expenses are allocated to specific claims. Changes in the balance of claims liability during fiscal year 2009 was as follows: 2009 Claims payable, beginning of fiscal year Claims and changes in estimates Claim payments Claims payable, end of fiscal year Note 14. Investment in Joint Venture $ 5,258,022 3.832.991 $ 1.425.031 The City entered into an interlocal agreement with two other municipalities in Palm Beach County to purchase and operate a county-wide public safety communications system. The interlocal agreement established the Municipal Public Safety Communications Consortium of Palm Beach County (“MPSCC”) whose purpose is to provide its members with expanded radio communications services (via the 800MHz trunked radio system) to aid in public safety over a larger geographical region. The MPSCC is a cost sharing organization. Its annual budget is prepared by the Executive Director and approved by the Board of Directors. The member municipalities of the MPSCC are obligated for the debt incurred by the consortium and each municipality is responsible for their respective portion of costs incurred by the MPSCC. The City’s initial investment in this joint venture was $676,200, which represents 13.8% of the total consortium investment. During the current fiscal year, the City had expenditures of $144,726 relating to the consortium. The City’s investment in the Joint Venture is $944,665 as of September 30, 2009. Separate financial statements for the MPSCC may be obtained from, Palm Beach Gardens Police Commander, Attention: Ernie Carr, 10500 Military Trail, Palm Beach Gardens, Florida 3341 0. Note 15. Pronouncements Issued, But Not Yet Adopted Statement No. 51, Accounting and Financial Reporting for intangible Assets issued July 2007, is effective for the City beginning with its fiscal year ending September 30, 2010. This Statement provides guidance regarding how to identify, account for, and report intangible assets, including easements, trademarks, and computer software. Statement No. 53, Accounting and Financial Reporting for Derivative lnstrument issued June 2008, is effective for the City beginning with its fiscal year ending September 30, 2010. This Statement addresses the recognition, measurement, and disclosure of information regarding derivative instruments entered into by state and local governments. 64 a a a a a a a a a a a 0 a a 0 a a a a a a a a a a e e a a a a a a a a a a a Note 15. Pronouncements Issued, But Not Yet Adopted (continued) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions issued March 2009, is effective for the City beginning with its fiscal year ending September 30, 201 1. The objective of this Statement is to enhance the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. This Statement establishes fund balance classifications that comprise a hierarchy based primarily on the extent to which a government is bound to observe constraints imposed upon the use of the resources reported in governmental funds. The City's management has not yet determined the effect these Statements will have on the City's financial statements. a a a a a 65 a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a 0 a I a a a a a a a a a a 0 0 e a e a a a a a a a a a a a a a a a a a a a a a 0 a a a e a m REQUIRED SUPPLEMENTARY INFORMATION City of Palm Beach Gardens, Florida Required Supplementary Information Budgetary Comparison Schedule (Unaudited) General Fund Year Ended September 30,2009 Rewnues: Taxes: Ad mlorem taxes Local business taxes Utility taxes Franchise fees Licenses and permits lntergowmmental Charges for services Fines and forfeitures Inwstment income Miscellaneous Total revenues Expenditures : General Gowmment: City Council Administration Information Technology City Clerk Legal Services Public Relations Engineering services Human Resources Finance General Services Growth Management: Administration Dewlopment compliance Planning Code Enforcement G IS Legally Variance With Original Adopted Final Final Budget Adopted Budget Rewsed Positiw Budget Amendments Budget Actual (Negatiw) $49,849,809 $ - $49,849,809 1,598,373 1 , 598,373 938,737 938,737 6,079,603 6,079,603 2,336,359 2,336,359 2,103,009 2,103,009 230,650 230,650 1,255,504 - 1,255,504 472,393 25,000 497.393 4,469,499 4,469,499 $50,314,207 1,540,700 1,278,766 5,702,964 2,020,336 4,525,422 1,936,315 424,257 1,285,619 81 7.773 $ 464,398 (57,673) 340,029 (376,639) (31 6,023) 55,923 (1 66,694) 193,607 30,115 320,380 69,333,936 25,000 69,358,936 69,846,359 487,423 332,852 554,337 1,220,628 563,232 556,504 146,086 399,335 762,524 879,980 5,889,971 454,441 235,124 882,466 737,901 1 54,802 - 7,500 100,866 - - 79,123 (80,168) 332,852 554,337 1,228,128 563,232 657,370 146,086 399,335 762,524 959,103 5,809,803 467,191 234,874 882,466 737,901 154,802 2,135,136 290,166 542,862 1,116,127 569,894 457,514 109,683 164,258 738,906 984,974 5,546,187 359,579 254,505 771,532 677,694 148,107 42,686 11,475 112,001 (6,662) 199,856 36,403 235,077 23,618 (25,871 ) 263,616 107,612 1 10,934 60,207 6,695 (1 9,631 1 Construction Services - Buildina 2.135.136 - ~I 1,860,025 275,111 Total general government 15,905,319 119,821 1 6,025,140 1 4,592,013 1,433,127 Public safety: Fire and Emergency Senices 16,927,501 1,542 16,929,043 17,407,420 (478,377) Total public safety 36,902,691 196,876 37,099,567 37,544,587 (445,020) Police 19,975,190 195,334 20,170,524 20,137,167 33,357 Continued on next page. 69 City of Palm Beach Gardens, Florida Required Supplementary Information Budgetary Comparison Schedule (Unaudited) (Continued) General Fund Year Ended September 30.2009 Culture and Recreation: Administratiw Senices Athletics Seniors and Wellness Aquatics Tennis Programs Special and Cultural Parks Total cultural and recreation Legally Original Adopted Final Adopted Budget Revised Variance With Final Budget Positiw Budget Amendments Budget Actual (Negat iw) $ 478,201 $ - $ 478,201 231,626 231,626 42,273 42,273 41 3,579 41 3,579 120,603 120,603 295,995 - 295,995 198,306 - 198,306 1,983,033 7,500 1 ,990,533 $ 427,149 $ 202,787 38,777 405,983 122,940 299,878 186,654 1,901,078 51,052 28,839 3,496 7,596 (2,337) (3,883) 11,652 89.455 3,763,616 7,500 3,771,116 3,585,246 185,870 Physical Environment: Administratiw Services 984,361 35,483 1,019,844 869,952 149,892 Fac i I i t ies Maintenance 1,737,752 17,332 1,755,084 1,683,447 71,637 Stormwater Maintenance 1,057,715 (33,345) 1,024,370 81 4,352 21 0,018 Street Maintenance 71 2,960 20,000 732,960 702,776 30,184 Grounds and Facilities 1,295,941 - 1,295,941 1,305,226 (9,285) Total physical environment 5,788,729 39,470 5,828,199 5,375,753 452,446 Capital outlay Debt Service: Principal Interest Total debt service Tota I expenditures 534,500 1,819,034 2,353,534 1,104,914 1,248,620 2,260,097 (28,764) 2,231,333 2,231,314 19 1 ,033,857 (3,068) 1,030,789 1,034,886 (4,097) 3,293,954 (31,832) 3,262,122 3,266,200 (4, 078) ~~~ 66,188,809 2,150,869 68,339,678 65,468,713 2,870,965 Excess (deficiency) of rewnues owr (under) expenditures Other financing sources (uses): Transfers in Transfers out Sale of capital assets Total other financing sources (uses) a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e a a a a a 0 0 e 0 0 0 0 0 3,145,127 (2,125,869) 1,019,258 4,377,646 3,358,388 102,762 102,762 362,762 260,000 7,278 7,278 (2,625,000) - (2,625,000) (2,625,943) (943) - - (2,522,238) - (2,522,238) (2,255,903) 266,335 Net change in fund balances 622,889 (2,125,869) (1,502,980) 2,121,743 3,624,723 Fund balance, beginning 18,825,058 6,303,296 25,128,354 25,128,354 Fund balance, ending $19,447,947 $ 4,177,427 $ 23,625,374 $ 27,250,097 $ 3,624,723 See notes to required supplementary information. 70 e e e e e e a e e e e e e e e e e e e e e e e e e e e e e e e e e e a e e e 0 a a m a City of Palm Beach Gardens, Florida Required Supplementary Information Schedule of Funding Progress (Unaudited) Year Ended SeDtember 30.2009 Unfunded Actuarial Actuarial Actuarial Accrued Accrued Actuarial Value of Liability Liability Valuation of Assets (A4 (UAA L) Date (a) (b) (b-a) Funded Ratio (am Cow red Pay rol I (c 1 UAAL as a Percentage of Cowred Payroll ((b-a)/c) General Employees' Pension 10/1/2002 $ 2,651,613 10/1/2003 2,607,935 10/1 /2OO4 (') 2,585,580 10/1/2005 2,590,706 1 O/ 1 /2W6 2,665,022 10/1/2007 2,761,142 Police Pension 10/1/2002 $ 12,303,486 10/1/2OO3 14,231,515 10/1/2004 16,405,794 1 O/ 1 /2OO5 18,950,104 1 0/1/2OO6 22,740,838 1 0/1/2007 27,799,386 Fire Pension 9/30/2002 $ 5,753,548 9/30/2003 7,183,143 9/30/2004 8,146,028 9/30/2005 10,791,299 9/30/2006 (2) 13,973,768 9/30/2007 18,247,947 $ 2,651,613 $ 2,607,935 3,115,591 3,213,215 3,282,189 3,242,068 100.00% $ 391,059 1 00.00% 364,394 530,011 82.99% 241,400 622,509 80.63% 258,902 61 7,167 81.20% 273,962 480,926 85.17% 130,793 $19,140,962 $ 6,837,476 22,196,413 7,964,898 24,962,551 8,556,757 35,004,203 16,054,099 46,503,218 23,762,380 52,230,511 24,431,125 $12,576,613 $ 6,823,065 17,441,151 10,258,008 21,254,309 13,108,281 28,083,380 17,292,081 29,845,862 15,872,094 33,826,082 15,578,135 64.28% $ 5,572,514 64.12% 5,989,146 65.72% 6,755,078 54.14% 7,332,448 48.90% 8,322,332 53.22% 8,915,563 45.75% $ 4,839,568 41.19% 6,541,837 38.33% 7,567,887 38.43% 8,774,107 46.82% 9,205,470 53.95% 9,549,000 0.00% 0.00% 2 1 9.56% 240.44% 225.27% 367.70% 1 22.70% 1 32.99% 126.67% 2 1 8.95% 285.53% 274.03% 140.99% 1 56.81 % 173.21 % 197.08% 172.42% 163.14% (') Effective October 1, 2004, the General Employees Pension plan changed its actuarial method from the Aggregate Actuarial Cost Method to the entry Age Normal Actuarial Cost Method. (2) Effective October 1, 2006, the Fire Pension plan changed its actuarial method from the Frozen Entry Age Cost Method to the Projected Unit Credit Cost Method. See notes to required supplementary information. 71 City of Palm Beach Gardens, Florida Required Supplementary Information Schedule of Employer Contributions (Unaudited) Year Ended September 30,2009 Year Ended September 30, Annual Required City Contribution Contribution Percentage Contributed General Employees' Pension 2004 2005 2006 2007 2008 2009 Police Pension 2004 2005 2006 2007 2008 2009 Fire Pension 2004 2005 2006 2007 2008 2009 $ 67,027 1 02,863 79,392 90,703 91,488 60,503 $ 1,475,340 1,704,041 1,931,054 3,176,791 3,556,548 3,762,323 $ 739,310 1,188,002 1,542,934 2,247,828 3,055,991 3,180,731 See notes to required supplementary information. 72 $ 67,027 102,863 79,392 90,703 91,488 60,503 100.00% 100.00% 100.00% 100.00% 1 00.00% 1 00.00% $ 1,475,340 1,704,041 2,107,880 3,176,791 3,556,548 3,762,323 1 00.000/0 100.00% 109.16% 100.00% 100.00% 100.00Yo a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e 0 a 0 e 0 0 a $ 739,310 1,188,002 1,542,934 2,247,828 3,055,991 3,180,731 1 00.00% 100.00% 1 00.00% 1 00.00% 1 00.00% 100.00% a a a a a a a a a a a a e e a a a a a a a a a a a a a a e e a e a e a e a a a a a 0 a a City of Palm Beach Gardens, Florida Schedule of OPEB Funding Progress (Unaudited) Required Supplementary Information Year Ended September 30,2009 Unfunded Actuarial Actuarial UAAL as a Actuarial Accrued Accrued Percentage Actuarial Value of Liability Liability Funded Cowred of Cowred Valuation of Assets (AAL) (UAAL) Ratio Pay rol I Payroll Date (a) (b) (b-a) (a4 (c) ((b-a)/c) Genera I Employees' Pe don 10/1/2008 $ - $ 3,590,000 $ 3,590,000 0.00% $29,531,001 12.16% Note: Data not available prior to fiscal year 2009 implementation of Governmental Accounting Standard Board Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. See notes to required supplementary information. 73 City of Palm Beach Gardens, Florida Notes to Required Supplementary Information SeDtember 30.2009 Note 1. Budgetary Information State of Florida statutes require that all municipal governments establish budgetary systems and approve annual operating budgets. The Council annually adopts an operating budget and appropriates funds for the general fund, special revenue funds (except the extra duty police fund), capital projects funds and the proprietary fund. The procedures for establishing budgetary data are as follows: Prior to the first Council meeting in August of each year, the City Manager submits a proposed operating budget to the Council for the next fiscal year commencing the following October 1. The proposed budget includes expenditures and the means of financing them. The Council holds public meetings to obtain taxpayer comments. Upon completion of the public hearings, a final operating budget is legally enacted through the passage of an ordinance before September 30th. Estimated fund balances are considered in the budgetary process. A City ordinance establishes the legal level of budgetary control at the fund level. Any increase in the total amount appropriated for all funds must be approved by ordinance of the Council. Any transfer between funds must be approved by the City Manager and by ordinance of the City Council. Transfers from the Council contingency account must be approved by the City Council. Any other budget transfer within the same fund must be approved by the City Manager. The adopted budgets are prepared in accordance with generally accepted accounting principles. The Council also adopts non-appropriated operating budgets for the proprietary funds substantially on a basis consistent with generally accepted accounting principles, except that depreciation is not budgeted and capital outlay purchases are presented as expenses. The reported budgetary data represents the final appropriated budgets after amendments adopted by the Council. Encumbrances Encumbrance accounting, in which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is utilized by the City during the year. Because appropriations expire at year end, even if encumbered, it is the City’s policy to re-appropriate such amounts at the beginning of the next fiscal year. Encumbrances outstanding at year end are reported as reservations of fund balances. Note 2. Budget and Actual Comparisons The Budgetary Comparison Schedule for the General Fund is required to be prepared under the basis of accounting used in preparing the budget. As indicated in Note 1, the modified accrual basis of accounting is used for budgetary purposes. On-behalf payments from the State of Florida for Police and Fire-Rescue pensions are not included in the budget. As a result, General Fund revenue and expenditures reported in the budget and actual statement differ from the corresponding amounts reported on the basis of US. generally accepted accounting principles. These differences can be reconciled as follows: Reenue Expenditures Budgetary basis State on-behalf payments for Police and Fire-Rescue pension contributions not included in bugetary basis 74 69,846,359 65,468,713 1 , 1 01,l 29 1,101,129 70,947,488 66,569,842 a a a a a a a a a a a a e a a e a a a a a a a a a a a a a e a a a a a a a a a a a 0 0 m a e a a a e e a a a a e e a a a e a a a a a a e a e a a a a a a e a a a a a a e e e a m Note 3. Pension Plans The information presented in the required supplementary schedules was determined as part of the actuarial valuations at the dates indicated. Additional information as of the latest actuarial valuation was as follows: General Employees' Pension Police Pension Fire Pension Actuarial Valuation Date Asset Valuation Method Actuarial Methods: Actuarial Cost Method Amortization Method Amortization Period Actuarial Assumptions: Investment rate of retum Projected salary increase lnflat ion 1011/07 1011/07 1 01 1 I07 4-year smoothed (2) 4-year smoothed market market Entry age Normal Level dollar 30 years Entry age Normal Level percent of pay, closed 30 years Projected Unit Credit Lewd percent of pay, closed 27 years 8. OYO 6.5% 3.0% 7.5% 7.5% 3.0% 8.25% 4.50% 4.50% ('I 1 .O% for age 53,2% for age 54, and 3% over age 55. (2) Effective October 1, 2006, the asset valuation method was changed from the five year smoothed method to a method that recognizes 20% of the difference between market value of assets and expected actuarial asset value. 75 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a e e e e e e a a e a e e e e a e 0 e e e e a e e e a e a e a e a e a e a e e a a a 0 n COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES NONMAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues that are legal/y restricted to expenditures for particular purposes. The nonmajor special revenue funds of the City are as follows: Police Trainina Fund - This fund is established to account for fees collected from traffic citations to be used for the training and education of the City’s police. Recreation Proarams Fund - This fund is used to account for revenues and costs related to special programs such as special events and athletic programs. Golf Course Fund - This fund is used to account for revenues and costs related to the operations of the City’s Golf Course. Extra Dutv Police - This fund is used to account for revenues to be used to fund extra police duty. Local ODtion Gas Tax Fund - This fund is established to account for the receipt of local option gas taxes. The use of these funds is restricted for transportation related capital improvements or maintenance costs. Police Grant Fund - This fund is established to comply with Federal guidelines governing the accounting for Department of Justice Law Enforcement grants. CAPITAL PROJECTS FUNDS The Capital Projects Funds are established to account for financial resources to be used for the acquisition and construction of major capital facilities, other than those financed by proprietary funds. The nonmajor capital projects funds of the City are as follows: Police ImDact CaDital Proiects Fund - This fund is established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of enhancing the level of law enforcement services in the City. Fire ImDact CaDital Proiects Fund - This fund is established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of enhancing the level of firekescue services in the City. Art ImDact CaDital Proiects Fund - This fund is established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of providing art and cultural activities. PGA Flvover CaDital Proiects Fund - This fund is established to account for the activity related to the construction of the PGA Flyover Improvement Project. Burns Road CaDital Proiects Fund - This fund is established to account for the activity related to the construction of the Burns Road Improvement Project. 79 City of Palm Beach Gardens, Florida Combining Balance Sheet Nonmajor Governmental Funds September 30,2009 Assets: Cash and cash equivalents Investments Receivables Due from other governments Inventory Prepaid expenditures Total assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Unearned revenue Total liabilities Fund balances: Reserved for: Encumbrances Prepaid expenditures Inventory Unreserved, designated Unreserved, undesignated Total fund balances Total liabilities and fund balances 80 Special Revenue Funds Extra Local Police Recreation Duty Option Training Programs Golf Police Gas Tax Total $14,106 $826,611 $251,206 $25,423 1,598 363 52,902 21,802 52,129 11,841 1,000 $1,383,547 $ 2,500,893 85,277 149,247 2,614 57,477 54,586 55,586 21,802 10,140 $15,106 $890,478 $28521 2 $78,325 $1,526,024 $ 2,7951 45 10,140 $ - $ 25,019 $ 10,868 $ $ 10 $ 35,897 1,395 3,936 5,331 160,703 4,061 164,764 187,117 18,865 10 205,992 10,140 21,802 8,722 8,722 10,140 21,802 15,106 693,221 244,545 78,325 131 7,292 2,548,489 15,106 703,361 266,347 78,325 1,526,014 2,589,153 $15,106 $890,478 $285,212 $78,325 $1,526,024 $ 2,795,145 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Capital Projects Funds Total Police Fire Art Impact Impact Impact Flyover Road Total Funds PGA Burns Nonmajor $ 3,675,273 $ 71,442 $ 849,472 $ 126,098 $ 282,272 $ 5,004,557 $7,505,450 169,335 68,231 84,209 321,775 471,022 5,191 2,091 2,581 5,034 14,897 72,374 55,586 21,802 10,140 $ 3,849,799 $ 141,764 $ 936,262 $ 131,132 $ 282,272 $ 5,341,229 $8,136,374 $ -9: $ $ 879 $ 879 36,776 5,331 45,000 209,764 45,000 45,000 879 45,879 $ 251,871 32,047 32,047 40,769 10,140 21,802 3,817,752 141,764 891,262 130,253 282,272 5,263,303 5,263,303 2,548,489 3,849,799 141,764 891,262 130,253 282,272 5,295,350 7,884,503 $ 3,849,799 $ 141,764 $ 936,262 $ 131,132 $ 282,272 $ 5,341,229 $8,136,374 81 a a a a City of Palm Beach Gardens, Florida a e Year Ended September 30,2009 a Combining Statement of Revenues, Expenditures and Changes in Fund Balances Nonmajor Governmental Funds Revenues: Intergovernmental Impact fees Charges for services Fines and forfeitures Investment income Miscellaneous Total revenues Expenditures: Current: Public safety Culture and recreation Transportation Capital outlay Debt service: Principal Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund Fund balances, beginning Fund balances, ending balances 82 Special Revenue Funds Extra Local Police Recreation Duty Option Police Training Programs Golf Police GasTax Grant Total * -$ -$ -$ - $ 673,438 $16,381 $ 689,819 - 2,512,437 1,416,423 3,928,860 1 1,970 1 1,970 4,586 1,062 7,646 13,294 9,451 84,010 482,661 93,753 669,875 11,970 2,526,474 1,501,495 482,661 774,837 16,381 5,313,818 16,311 - 401,851 - 2,251,899 1,462,863 498,248 35,100 17,324 418,162 3,714,762 498,248 52,424 16,311 2,251,899 1,462,863 401,851 533,348 17,324 4,683,596 (4,341) 274,575 38,632 80,810 241,489 (943) 630,222 943 943 (50,000) - (100,000) (1 50,000) (50,000) - (100,000) 943 (1 49,057) (4,341) 224,575 38,632 (19,190) 241,489 481,165 19.447 478.786 227.71 5 97.51 5 1.284.525 - 2.107.988 $ 15,106 $ 703,361 $ 266,347 $ 78,325 $ 1,526,014 $ - $ 2,589,153 a a a a a a a a a a a e a a e a e a a a e e a a a a a a a e e a a a a e a City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Police Training - Special Revenue Fund Year Ended September 30,2009 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Fines and forfeitures Total revenues Expenditures: Current: Public Safety Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending 84 $ 11,000 $ 11,000 $ 11,970 $ 970 1 1,000 1 1,000 1 1,970 970 18,000 30,447 16,311 14,136 18,000 30,447 16,311 14,136 (7,000) (1 9,447) (4,341 15,106 14,423 19,447 19,447 $ 7.423 $ $ 15.106 $ 15,106 ~ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e e e e 0 0 m a a a a a a e a a a e e e a e e 0 a a e a a a e a a a a a e a a a e a a a e 0 a a 0 a m City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Recreation Programs - Special Revenue Fund Year Ended September 30,2009 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Charges for services Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation Total expenditures $ 2,977,563 $ 2,977,563 $ 2,512,437 $ (465,126) 5,931 5,931 4,586 (1,345) 2 , 983,494 2,983,494 2,526,474 (457,020) 9,451 9,451 2,818,653 2,818,652 2,251,899 566,753 2,818,653 2,818,652 2,251,899 566,7 53 Excess of revenues over expenditures 164,841 164,842 274,575 109,733 Other financing uses: Transfers out Net change in fund balances Fund balances, beginning Fund balances, ending (50,000) (50,000) (50,000) 114,841 1 14,842 224,575 109,733 147,181 478,786 478,786 $ 262,022 $ 593,628 $ 703,361 $ 109,733 85 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Golf - Special Revenue Fund Year Ended September 30,2009 Variance With Final Budget Original Final Positive Revenues: Charges for services Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending 86 Budget Budget Actual (Negative) $ 1,431,571 $ 1,466,571 $ 1,416,423 $ (50,148) 1,000 1,000 1,062 62 120,750 85,750 84,010 (1,740) 1,553,321T 1,553,321 1,501,495 (51,826) 1,402,534 1,402,534 1,462,863 (60,329) 1,402,534 1,402,534 1,462,863 (60,329) 150,787 150,787 38.632 (112,155) 38 1 227,715 227,715 $ 151,168 $ 378,502 $ 266,347 $ (112,155) a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e 0 0 0 0 e 0 0 m a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e a 0 a 0 a a a rn City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Local Option Gas Tax - Special Revenue Fund Year Ended September 30,2009 Variance With Revenues: Intergovernmental Investment income Miscellaneous Total revenues Expenditures: Current: Transportation Capital outlay Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending Final Budget Original Final Positive Budget Budget Actual (Negative) $ 702,000 $ 702,000 $ 673,438 $ (28,562) 16,192 16,192 7,646 (8,546) 93,753 93,753 718,192 718,192 774,837 56,645 606,000 770,436 498,248 272,188 299,000 598,000 35,100 562,900 905,000 1,368,436 533,348 835,088 (1 86,808) (650,244) 241,489 891,733 879,111 1,284,525 1,284,525 $ 692,303 $ 634,281 $ 1,526,014 $ 891,733 87 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual Police Grant - Special Revenue Fund Year Ended September 30,2009 Variance With Final Budget Positive Original Final Budget Budget Actual (Negative) Revenues: Intergovernmental Total revenues Expenditures: Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources: Transfers in Net change in fund balances Fund balances, beginning Fund balances, ending 88 $ 10,000 $ 10,000 $ 16,381 $ 6,381 10,000 10,000 16,381 6,381 17,324 I1 7.3241 ,. I 17,324 (1 7,324) 10.000 10,000 (943) (1 0,943) 943 Q43 10.000 10,000 (10,000) $ 10,000 $ 10,000 $ $ (l0,OOO) e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 0 m a a a a a 0 a a 0 a 0 e e e a a e a a a a e a a a a e a e 0 a a a e a a a e a a a a e m City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Recreation Impact - Capital Projects Fund Year Ended September 30,2009 Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Capital outlay Total expenditures Culture and recreation Net change in fund balances Fund balances, beginning Fund balances, ending Original Final Variance With Final Budget Positive Budget Budget Actual (Negative) $ 600,000 $ 600,000 $ 138,401 $ (461,599) 360,985 360,985 208,258 (1 52,727) 48,965 48,965 13,936 (35,029) 10,000 10,000 1,009,950 1,009,950 370,595 (639,355) 8,330 (8,330) 2,200,000 3,511,110 1,001,099 2,510,011 2,200,000 3,511,110 1,009,429 2,501,681 (1,190,050) (2,501,160) (638,834) 1,862,326 1 , 1 91 , 1 85 2,501,160 2,501,160 $ 1.135 $ $ 1.862.326 $ 1.862.326 89 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Road Impact - Capital Projects Fund Year Ended September 30,2009 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Hevenues: Impact fees Investment income Miscellaneous Total revenues $ 740,647 170,749 $ 740,647 170,749 $ 237,673 76,047 $ (502,974) (94,702) 439,091 439,091 91 1,396 91 1,396 752,811 (1 58,585) Expenditures: Current: Capital outlay Total expenditures Transportation 9,507 (9,507) 757,000 4,655,435 2,738,305 1,917,130 757,000 4,655,435 2,747,812 1,907,623 Excess (deficiency) of revenues over (under) expenditures 154,396 (3,744,039) (1,995,001) 1,749,038 Other financing uses: Transfers out (702,373) (702,373) (702,373) (547,977) (4,446,412) (2,697,374) 1,749,038 4,842,569 6,749,507 6,749,507 $ 4.294.592 $ 2,303,095 $4.052.1 33 $ 1.749.038 Net change in fund balances Fund balances, beginning Fund balances, ending 0 0 90 a a a a a a a a a a a a a a a a e a a a a a a a a a a a a a a a a a a a a a a a a a e m City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Police Impact - Capital Projects Fund Year Ended September 30,2009 Revenues: Impact fees Investment income Total revenues Expenditures: Current: Capital outlay Total expenditures Public safety Excess (deficiency) of revenues over (under) expenditures Other financing sources: Transfers in Net change in fund balances Fund balances, beginning Fund balances, ending Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) $ 80,662 . $ 80,662 $ 29,797 $ (50,865) 29,832 29,832 15,179 (1 4,653) 1 10,494 1 10,494 44,976 (6551 9) 2,600,000 3,564,737 12,383 305,859 (1 2,383) 3,258,878 2,600,000 3,564,737 31 8,242 3,246,495 (2,489,506) (3,454,243) (273,266) 3,180,977 2,600,000 2,600,000 2,600,000 1 10,494 (854,243) 2,326,734 3,180,977 6,727 1,523,065 1,523,065 $ 117,221 $ 668,822 $3,849,799 $ 3.180,977 91 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Fire Impact - Capital Projects Fund Year Ended September 30,2009 Original Final Variance With Final Budget Positive Revenues: Impact fees Investment income Total revenues Budget Budget Actual (Negative) $ 237,179 $ 237,179 $ 60,341 $ (176,838) 12,786 12,786 3,121 (9,665 249,965 249,965 63,462 (1 86,503) Expenditures: Current: Public safety Debt service: Principal Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing uses: Transfers out Net change in fund balances Fund balances, beginning Fund balances, ending 92 72,880 3,855 72,880 3,855 2,414 72,881 1,324 (2941 4) (1 1 2.531 76,735 76,735 76,619 116 173,230 173,230 (1 3,157) (1 86,387) (600,000) (600,000) (600,000) (426,770) (426,770) (61 3,157) (1 86,387) ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 798,648 754,921 754,92 1 $ 371,878 $ 328,151 $ 141,764 $ (186,387) 0 0 0 0 0 0 0 0 0 0 0 0 0 a City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Art Impact - Capital Projects Fund Year Ended September 30,2009 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Impact fees Investment income Total revenues $ 75,000 $ 75,000 $ 31,429 $ (43,571) 10,609 10,609 7,549 (3,060) 85,609 85,609 38,978 (46,631) Expenditures: Current: Culture and recreation Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending 55,400 (55,400) 55.400 (55.4001 85,609 85,609 (1 6,422) (102,031) 725,594 907,684 907,684 811.203 $ 993.293 ~ $ 891.262 $ (102.0311 93 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual PGA Flyover - Capital Projects Fund Year Ended September 30,2009 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Miscellaneous Total revenues Expenditures: Current: Transportation Debt service: Principal Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances, beginning Fund balances, ending 94 $ 125,592 $ 125,592 $ 133,481 $ 7,889 125.592 125.592 133.481 7.889 382,600 180,000 402,82 1 180,000 301,465 180,000 101,356 104,193 104,193 1 04,193 666,793 687,014 585,658 101,356 (541,201) 625,000 (561,422) 625,000 (452,177) 625,000 109,245 (1 60,000) (1 60,000) 625,000 625,000 465,000 (1 60,000) 83,799 63,578 12,823 (50,755) 79,408 1 17,430 1 17,430 $ 163.207 $ 181.008 $ 130.253 $ 150.755) e e e e e e e e e e e e e e e e e a e e e e e e e e e e e e e e e e e e e e e a e e a a City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures anG Changes in Func Budget and Actual Burns Road - Capital Projects Fund Balances - Year Ended September 30,2009 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Investment income Total revenues Expenditures: Capital outlay Debt service: Principal Interest Total expenditures $ 2,962 $ 2,962 $ $ (2,962) ~ ~___ 2,962 2,962 (2,962) 37,244 37,111 133 445,000 445,000 445,000 257,803 257,803 257,803 702,803 740,047 739,914 133 Excess (deficiency) of revenues over (under) expenditures (699,841 (737,085) (739,914) (2,829) Other financing sources: Transfers in Net change in fund balances Fund balances, beginning Fund balances, ending 702,373 702,373 702,373 ~~ ~~ ~ ~~ ~ ~~ 2,532 (34,712) (37,541 ) (2,829) 261,358 31 9,813 31 9,813 $ 263.890 $ 285.101 $ 282.272 $ (2.829) 95 City of Palm Beach Gardens, Florida Combining Statement of Fiduciary Net Assets Fiduciary Funds September 30,2009 Assets: Cash and cash equivalents Investments, at fair values: U.S. Government obligations Municipal bonds Mortgage backed securities Corporate bonds Equity securities Equity funds International funds Real estate funds Total investments Receivables: Interest Employer State of Florida Employees Total receivables Prepaid expenses Total assets Liabilities: Accounts payable Due to DROP account Total liabilities Net assets: Net assets held in trust for pension benefits 96 Pension Trust Funds General Employees Police Fire Total $ 65,940 $ 2,068,886 $ 2,842,499 $ 4,977,325 76,602 258,696 379,805 1,180,810 106,613 2,002,526 2,742,649 21 9,538 2,002,166 5,963,735 4,667,766 12,364,077 2,483,622 30,443,553 203,568 3,934,980 3,942,317 12,813,663 2,499,693 756,753 24.1 50,974 3,022,819 21 9,538 6,195,842 10,285,857 18,662,239 12,364,077 5,089,928 756,753 56,597,053 7,274 122,578 96,372 226,224 15,126 837,420 795,183 1,647,729 446,982 45,602 492,584 389 87,399 27,565 11 5,353 22.789 1.494.379 964.722 2.481.890 64,884 64,884 2,091,255 34,071,702 27,958,195 64,121,152 6,536 39,449 37,740 83,725 80,506 80,506 6,536 39,449 1 18,246 164,231 $ 2.084.71 9 $34.032.253 $27.839.949 $ 63.956.921 e e e e e e e e e e e e 0 e e e e e e e e e e e e e e e e e e e e e e a 0 e e e e a a a City of Palm Beach Gardens, Florida Combining Statement of Changes in Fiduciary Net Assets Fiduciary Funds Year Ended September 30,2009 Additions: Contributions: Employer Insurance premium taxes collected by the State of Florida on behalf of the City of Palm Beach Gardens Employees Total contributions Investment earnings (loss): Net appreciation/(depreciation) in fair value of investments Interest and dividends Total investment earnings Less investment expenses Net investment earnings (loss) Total additions Deductions: Pension benefits Administrative expenses Total deductions Change in net assets Net assets, beginning Net assets, ending Pension Trust Funds General Employees Police Fire Total $ 60,503 $ 3,349,679 $ 3,180,731 $ 6,590,913 446,982 654,147 1,101,129 8,970 870,581 605,300 1,484,851 69.473 4.667.242 4.440.1 78 9.176.893 (1 39,486) 1,488,020 56,266 648,.270 (1 94,895) 652,069 1,153,639 1,356,605 (83,220) 2,136,290 457,174 2,510,244 (1 0,659) (1 15,708) (1 34,095) (260.462) (93,879) 2,020,582 323,079 2,249,782 (24,406) 6,687,824 4,763,257 1 1,426,675 296,477 895,008 457,329 1,648,814 16,809 104,636 69,771 191,216 31 3,286 999,644 527,100 1,840,030 (337,692) 5,688,180 4,236,157 9,586,645 2,422,411 28,344,073 23,603,792 54,370,276 $ 2,084,719 $ 34,032,253 $ 27,839,949 $ 63,956,921 97 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 e 0 0 a 0 0 0 0 0 0 a rn a e a a a a a a e a a e 0 a a a a a a a a a a a a a a a a a a a 0 0 a a a a e a 0 a a m STATISTICAL SECTION a a a e 0 a a a a a a e e a 0 e a a a a a a e a 0 a a a a 0 a a a e a a a a 0 a a a a a Statistical Section Index This part of the City of Palm Beach Gardens’ comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures and required supplementary information says about the City’s overall financial health. Financial Trends These schedules contain trend information to help the reader understand how the City’s financial performance and well-being have changed over time. Net Assets by Component Changes in Net Assets Fund Balances of Governmental Funds Changes in Fund Balances of Governmental Funds Revenue CaDacity These schedules contain information to help the reader assess the City’s most significant local revenue source, the property tax. Net Assessed Value and Estimated Actual Value of Taxable Property Property Tax Rates - Direct and Overlapping Governments Principal Property Taxpayers Property Tax Levies and Collections Debt CaDacity These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt-in the future. Ratios of Outstanding Debt by Type Ratios of General Bonded Debt Outstanding Direct and Overlapping Governmental Activities Debt Pledged Revenue Coverage DemoaraDhic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place. Demographic and Economic Statistics Principal Employers pmratina Information These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs. Full-Time Equivalent City Government Employees by Function Operating Indicators by Function/ Program Capital Asset Statistics by Function/ Program Page 104 106 110 112 114 116 118 119 120 122 123 124 126 127 128 129 130 Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. 101 City of Palm Beach Gardens, Florida Net Assets by Component Last Seven Fiscal Years (Accrual Basis of Accounting) Fiscal Year Governmental activities: Invested in capital assets, net of related debt Restricted Unrestricted Total governmental activities net assets Business-type activities: Invested in capital assets, net of related debt Restricted Unrestricted Total business-type activities net assets Primary government: Invested in capital assets, net of related debt Restricted Unrestricted Total primary government net assets 2003 2004 2005 $ 41,678,672 $ 47,266,504 $ 52,524,730 8,912,604 15,671,654 18,706,997 16,961,768 14,36131 4 1 1,839,633 67,553,044 77,299,672 83,071,360 (2,236,869) (1,391,784) (1,377,423) 611,313 421.708 221.741 220.1 03 (1,203,848) (1,170,043) (1 ,157,320) 39,441,803 45,874,720 51,147,307 9,523,917 15,671,654 18,706,997 17,383.476 14.583.255 12,059.736 $ 66.349.196 $ 76.129.629 $ 81.914.040 Note: Data not available prior to fiscal year 2003 implementation of Governmental Accounting Standards Boara Statement No. 34, Basic Financial Statements and Management’s Discussion and Analysis for State and Local Governments. 104 a a a a a a a a a a a a e a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a m - e " e e a e e Table 1 Fiscal Year e a 2006 2007 2008 2009 a $ 55,645,259 $ 62,235,884 $ 63,743,178 $ 67,009,120 e 14,898,785 14,083,021 12,679,885 13,449,860 a 19,024,256 20,235,445 25,149,412 25,731,157 a 89,568,300 96,554,350 101,572,475 106,190,137 0 0 e e a e 55,645,259 62,235,884 63,743,178 67,009,120 14,898,785 14,083,021 12,679,885 13,449,860 19,024,256 20,235,445 25,149,412 25,731,157 $ 89,568,300 $ 96,554,350 $ 101,572,475 $ 106,190,137 0 e a e 105 City of Palm Beach Gardens, Florida Changes in Net Assets Last Seven Fiscal Years (Accrual Basis of Accounting) Expenses: Governmental activities: General Government Public Safety Culture/Recreation Physical Environment Transportation Interest on long-term debt Total governmental activities expenses Business-type activities: Golf Course Total business-type activities expenses Total primary government expenses Program revenues: Governmental activities: Charges for services: General Government Public Safety Culture/Recreation Transportation Operating grants and contributions Capital grants and contributions Total governmental activities program revenues Business-type activities: Charges for services: Total business-type activities program revenues Golf Course Total primary government program revenues Fiscal Year 2003 2004 2005 $ 7,912,852 $13,899,785 $ 13,548,562 22,860,109 26,944,280 30,419,891 5,353,104 5,927,344 7,139,745 3,128,692 4,639,930 4,568,664 3,105,384 2,962,465 2,758,280 1,576,511 1,095,103 1,254,477 43,936,652 55,468,907 59,689,619 1,729,909 1,677,140 1,896,021 1,729,909 1,677,140 1,896,021 $ 45,666,561 $57,146,047 $61,585,640 $ 4,167,758 $ 6,048,502 $ 5,599,809 1,940,783 1,995,627 2,039,879 1,367,552 1,265,684 1,902,858 1,762,120 1 14,005 6,204,026 3,758,850 2,168,711 13,697,156 14,830,783 11,825,262 17,037 1,254,384 1,246,536 1,377,545 1,254,384 1,246,536 1,377,545 $ 14,951,540 $ 16,077,319 $ 13,202,807 Note: Data not available prior to fiscal year 2003 implementation of Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements and Management’s Discussion and Analysis for State and Local Governments. 106 e e e e e e 0 0 Fiscal Year Table 2 e 2006 2007 2008 2009 e e e e e e 0 e e $11,413,853 $15,695,350 $14,954,447 $ 15,136,680 33,064,986 37,209,988 39,223,990 41,112,818 10,071,747 10,178,475 8,784,481 9,151,914 9,036,996 7,059,139 6,067,686 5,771,316 1,834,969 1,557,260 1,662,578 1,492,723 67,543,809 73,962,477 74,553,532 76,620,046 2,121,258 2,262,265 3,860,350 3,954,595 $67,543,809 $73,962,477 $74,553,532 $ 76,620,046 e e > e e e e $ 6,690,824 $ 3,751,106 $ 8,518,696 $ 8,594,096 2,344,719 2,816,679 2,438,907 2,423,564 4,284,306 4,756,464 4,650,101 4,168,677 2,400,886 924,325 580,406 237,674 348,059 223,287 1,483,394 1,296,236 4,011,982 1,219,771 557,820 3,551,406 20,080,776 13,691,632 18,229,324 20,271,653 e e e a - e - e e $20,080,776 $13,691,632 $18,229,324 $ 20,271,653 e e e e e e e e e a a Continued on next page. 107 City of Palm Beach Gardens, Florida Changes in Net Assets (Continued) Last Seven Fiscal Years (Accrual Basis of Accounting) Fiscal Year Net (expense) revenue: Governmental activities Business-type activities Total primary government net expense General revenues and other changes in net assets: Governmental activities: Taxes: Property taxes Local business tax Franchise taxes Public service taxes Sales tax and local option gas tax State shared revenue Impact fees Unrestricted investment earnings Gain on disposal of capital assets Miscellaneous Transfers Cumulative effect of change in accounting principle Special item - change in retirement plans Total governmental activities Unrestricted intergovernmental: Business-type activities: investment earnings Miscellaneous Transfers Total business-type activities Total primary government 2003 2004 2005 $ (30,239,496) $ (40,638,124) $ (47,864,357) (475,525) (430,604) (51 8,476) $ (30,715,021) $(41,068,728) $(48,382,833) $ 26,979,019 $ 30,581,316 $ 351 18,504 3,049,795 3,370,103 3,832,276 739,827 675,624 721,730 3,636,355 170,428 5,357,006 657,101 405,875 (451,416) 3,378,464 3,597,796 850,494 1,115,490 6,260,509 6,812,932 554,197 1,129,469 1,573,389 1,803,848 (422,889) (496,000) $ 40.543.990 $ 46.821.207 $ 53.636.045 $ 38,048 $ 15,904 $ 11,199 24,000 25,616 24,000 451,416 422,889 496,000 51 3,464 464,409 531.199 $ 41,057,454 $ 47,285,616 $ 54.167.244 Change in net assets: Governmental activities Business-type activities Total primary government $ 10,304,494 $ 6,183,083 $ 5,771,688 33,805 12,723 $ 10,342,433 $ 6,216,888 $ 5,784,411 37,939 Note: Data not available prior to fiscal year 2003 implementation of Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements and Management’s Discussion and Analysis for State and Local Governments. 108 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e a e a a a a a 0 0 e 0 0 m a Fiscal Year 2006 2007 2008 2009 a $ (47,463,033) $ (60,270,845) $ (56,324,208) $ (56,348,393) $ (47.463.0331 $ (60.270.8451 $ (56.324.2081 8 (56.348.393) $ 40,923,938 $ 50,541,564 $ 50,362,460 $ 50,314,207 1,531,977 1,540,700 4,964,878 5,380,778 - 796,705 860,052 956,919 1,278,766 4,062,558 4,060,52 1 1,252,205 1,265,548 2,548,250 3,159,845 55,284 1,374,851 1,601,212 (1,157,320) (806,092) 4,039,597 1,193,969 1,741,515 242,496 1,273,400 3,726,391 1,076,977 1,415,326 17,141 1,596,547 - - 332,091 $ 53,959,973 $ 67,256,895 $ 61,342,333 $ 60,966,055 $ -$ -$ -$ 1,157,320 - 1,157,320 - $ 55.117.293 $ 67,256,895 $ 61,342.333 $ 60.966.055 $ 6,496,940 $ 6,986,050 $ 5,018,125 $ 4,617,662 1 .157.320 $ 7,654,260 $ 6,986,050 $ 5,018,125 $ 4,617,662 109 City of Palm Beach Gardens, Florida Fund Balances of Governmental Funds Last Seven Fiscal Years (Modified Accrual Basis of Accounting) General fund: Reserved Unreserved Total general fund All other governmental funds: Reserved Unreserved, reported in: Capital projects funds Special revenue funds Total all other governmental funds Total governmental funds ~~ ~~ ~~~~ Fiscal Year 2003 2004 2005 $ 1,696,120 $ 2,605,845 $ 4,685,857 9,580,486 14,127,469 10,470,244 1 1,276,606 16,733,314 151 56,101 1 1,229,646 15,275,028 1 4,021 , 1 40 2,472,044 3,081,755 41 7,637 51 7,938 14,376,617 15,692,665 17,620,833 $25,653,223 $32,425,979 $ 32,776,934 674,927 Note: Data not available prior to fiscal year 2003 implementation of Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements and Management’s Discussion and Analysis for State and Local Governments. 110 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 0 0 0 a Table 3 Fiscal Year 2006 2007 2008 2009 $ 1,867,692 $ 1,948,873 $ 753,223 $ 3,477,030 17,701,909 19,195,329 24,3751 31 23,773,067 19,569,601 21,144,202 25,128,354 27,250,097 15,461,972 14,227,898 13,054,853 574,931 10,675,542 1,152,372 1,432,549 1,926,716 2,548,489 16,614,344 15,660,447 14,981,569 13,798,962 $36,183,945 $36,804,649 $40,109,923 $ 41,049,059 111 City of Palm Beach Gardens, Florida Changes in Fund Balances of Governmental Funds Last Seven Fiscal Years (Modified Accrual Basis of Accounting) Revenues: Ad valorem taxes Local business tax Utility taxes Franchise fees Licenses and permits Intergovernmental Impact fees Charges for services Fines and forfeitures Investment income Miscellaneous Total revenues Expenditures: Current: General Government Public Safety Culture and Recreation Physical Environment Transportation Capital outlay Debt service: Principal Interest Bond issuance costs Other debt service costs Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Capital leases Sale of capital assets Bonds and notes issued Refunding bonds issued Premium on bond issuance Payment to refunded bond escrow agent Total other financing sources (uses) Proceeds from defined contribution plan Payment to defined benefit plan Total special items Special items: Net change in fund balances Debt service as a percentage of noncapital expenditures Fiscal Year 2003 2004 2005 $ 26,979,019 739,827 3,049,795 3,955,167 8,977,875 5,357,006 3,046,124 368,171 652,658 $ 30,581,316 675,624 3,370,103 5,654,010 6,979,749 6,260,509 3,063,717 535,148 550,916 $ 35,118,504 721,730 3,832,276 5,599,810 6,996,002 6,812,932 3,942,738 312,599 1,125,900 1,775,169 4,313,325 1,544,895 54,900,811 61,984,417 66,007,386 7,539,311 21,708,478 5,127,967 2,927,775 1,684,572 11,661,632 885,267 1,553,386 1 2,9 1 0,353 25,566,510 5,593,314 4,310,982 1,634,307 5,844,148 1,993,273 1,328,080 329,811 12,703,284 29,250,972 6,764,046 4,434,178 1,233,738 7,542,442 1,926,679 1,234,078 30,475 123.775 53,088,388 59,510,778 65,243,667 1,812,423 2,473,639 763,719 683,717 (1,083,908) 1,021 ,I 77 (1,391,304) 1,584,962 (2,028,200) 584,387 5,359,401 424,476 15,515,000 6,901,176 - (1 6,629,633) (6,870,701) 1 84,196 4,299,117 (412,763) $ 1,996.619 $ 6.772.756 $ 350.956 5.89% 6.80% 5.7 5% Note: Data not available prior to fiscal year 2003 implementation of Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments. 112 a e e a e a a a a a a a 0 a e e a a e a a a a a e 0 a a a a a e e e e (I) 0 a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e Fiscal Year 2006 2007 2008 2009 $ 40,923,938 796,705 4,964,878 3,988,155 9,597,521 4,508,074 3,998,67 1 2,079,227 2,548,247 2,653,313 $ 50,541,564 860,052 5,380,778 3,718,105 6,757,761 2,270,519 5,502,144 524,216 3,159,847 1,858,214 $ 50,362,460 956,919 5,516,091 4,364,095 6,906,638 1,467,356 5,641,891 320,944 1,740,605 2,028,842 $ 50,314,207 1,540,700 1,278,766 5,702,964 2,020,336 6,454,771 567,498 5,865,175 436,227 1,414,745 2,070,220 76,058.729 80.573.200 79.305.841 77.665.607 10,343,003 32,321,657 9,125,769 6,294,347 762,383 13,831,316 2,364,709 1,478,670 39,500 15,293,318 35,103,794 8,775,280 6,892,190 890,103 9,026,003 2,787,745 1,573,958 14,613,265 37,695,130 7,354,317 5,848,500 818,837 6,305,054 2,848,158 1,488,484 14,592,013 39,078,675 7,363,738 5,375,753 809,220 5,239,712 2,929,195 1,398,206 76,561,354 80,342,39 1 76,971,745 76,786,512 (502,625) 230,809 2,334,096 879,097 1,488,139 1,845,332 (1,333,704) (1,787,528) 3,755,200 1,373,777 4,291,078 (1,321,015) (4,238,316) 71 2,418 206,000 7,278 ____ ~~~ 3,909,635 57,804 971, iSo 60,040 3,642,218 (3,310,127) 332.09 1 $ 3,407,010 $ 620,704 $ 3,305y76 $ 939,137 6.19% 6.08% 6.10% 5.88% Table 4 113 City of Palm Beach Gardens, Florida Net Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years Real Property Year Ended Residential Commercial Industrial Other September 30, Property Property Property Property Total 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 $ 4,560,597,118 5,556,032,957 7,175,984,136 7,633,899,238 7,229,265,998 -$ 1,068,583,139 1,150,418,815 1,584,435,691 1,760,317,064 1,871,391,912 31,022,658 51,770,706 67,918,360 76,620,371 81,429,357 $ 58,639,528 57,740,577 67,073,542 65,923,845 64,617,414 - $ 3,236,901,787 3,422,435,298 3,694,841,329 4,180,491,898 4,924,323,436 5,718,842,443 6,815,963,055 8,895,411,729 9,536,760,518 9,246,704,681 Note: Assessed values are established by the Palm Beach County Property Appraiser's Office as of January 1, each year. Assessments were increased to 100% of market value as of 1980. Property in the City is reassessed each year. Property is assessed at actual value; therefore, the assessed values are equal to actual value. Tax rates are per $1,000 of assessed value. The City does not have information on the assessed value per category prior to September 30, 2005, therefore, only total taxable property assessed value is presented. Source: Palm Beach County Property Appraiser's Office N/A - Information not available 114 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e 0 a e e e e e e e e e e e e e e e e e e e e e e a e e e e e e e e e e e e e e e e e a e a a Table 5 Total Taxable Personal Centrally Assessed Property Assessed Value Taxable Assessed Total Estimated Value as a Direct Actual Percentage of Tax Taxable Actual Taxable Rate Value Value $ 276,055,851 $ 290,919,559 306,033,226 320,720,228 322,568,279 326,789,276 353,028,500 407,846,639 431,242,245 419,946,111 868,058 91 4,685 91 7,667 944,192 1,071,152 1,116,960 1,118,109 1,263,926 1,287,840 1,575,414 $ 3,513,825,696 3,714,269,542 4,001,792,222 4,502,156,318 5,247,962,867 6,046,748,679 7,170,109,664 9,304,522,294 9,969,290,603 9,668,226,206 4.3497 $ 5.1 748 6.1679 6.2500 6.0400 6.0260 5.9280 5.6550 5.2540 5.3990 NIA NIA NIA NIA NIA NIA NIA 1 1,805,444,204 12,266,508,331 11,879,576,573 NIA NIA NIA NIA NIA NIA NIA 78.82% 81.27% 81.39% 115 City of Palm Beach Gardens, Florida Property Tax Rates - Direct and Overlapping Governments Last Ten Fiscal Years City of Palm Beach Gardens Debt Total Palm Beach Palm Fiscal Operating Service City County School Beach Year Millage Millage Millage District County 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 3.9404 4.7548 5.7765 5.9067 5.7450 5.7680 5.7080 5.4950 5.1050 5.2500 0.4093 0.4200 0.391 4 0.3433 0.2950 0.2580 0.2200 0.1600 0.1 490 0.1 490 4.3497 5.1748 6.1679 6.2500 6.0400 6.0260 5.9280 5.6550 5.2540 5.3990 9.0430 8.91 80 8.9480 8.7790 8.571 0 8.4320 8.1 060 7.8720 7.3560 7.251 0 4.9456 4.9362 4.9351 4.8084 4.7910 4.7677 4.71 92 4.4775 3.981 3 3.9656 Note: All millage rates are based on $1 for every $1,000 of assessed value. Source: City of Palm Beach Gardens Finance Department and Palm Beach County Property Appraiser’s Office (1) Overlapping rates are those of local and county governments that apply to property owners within the City of Palm Beach Gardens. Not all overlapping rates apply to all City of Palm Beach Gardens property owners (Le. the rates for special districts apply only to the proportion of the government’s property owners whose property is located within the geographic boundaries of the special district). 116 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a e e e e e e a e e e e e e e e e e e e e e e a a e e e e e e e e e e e e e e e e a a a Table 6 Overlapping Rates (') Palm Beach Palm Beach South Florida Children's Florida Inland Total Direct and County Health County Library Water Management Services Navigation Overlapping Care District System District Council District Rates 0.9750 1.0250 1.1500 1.1300 1.1300 1.1 000 1 .OB00 0.9700 0.8900 0.9975 0.5246 0.5403 0.5403 0.5403 0.5833 0.5807 0.6250 0.5989 0.5441 0.5427 0.6970 0.6970 0.6970 0.6970 0.6970 0.6970 0.6970 0.6970 0.6240 0.6240 0.4696 0.5000 0.5703 0.6228 0.6902 0.6902 0.6887 0.61 99 0.5823 0.6009 0.0440 0.041 0 0.0385 0.0385 0.0385 0.0385 0.0385 0.0385 0.0345 0.0345 21.0485 21.8323 23.0471 22.8660 22.541 0 22.3321 21.8824 20.9288 19.2662 19.41 52 117 Table 7 City of Palm Beach Gardens, Florida Principal Property Taxpayers September 30,2009 Percent of Taxable Total Taxable Assessed Assessed Taxpayer Value Rank Value (') Landry, Lawrence L. GLL US Retail LP Downtown at the Gardens LLC WCI Communities Northlake Blvd LLC Devonshire at PGA National LLC Grande at Mirasol, Inc. 3801 PGA Acquisition Co W FGR Resort Core V LLC GB Investors LLC $ 205,000,000 105,147,822 67,247,126 65,208,300 56,83331 1 54,455,275 54,206,475 50,622,243 50,000,000 44,060,479 $ 752,781,231 1 2 3 4 5 6 7 8 9 10 2.12% 1.09% 0.70% 0.67% 0.59% 0.56% 0.56% 0.52% 0.52% 0.46% 7.79% Note: Information is not available prior to 2006. Therefore, the 10 year comparison is not included. Source: Tax roll provided by Palm Beach County Property Appraisers Office. (1) See the Schedule of Net Assessed Value on page XX for Estimated Actual Value of Taxable Property. 118 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a e 0 0 0 m a a a a a a e a a a a a a a a e a a a e a a a a a a a a a a e e 0 a a a 0 0 a a a a e City of Palm Beach Gardens, Florida Property Tax Levies and Collections Last Ten Fiscal Years September 30,2009 Table 8 Collected within the Total Collections Year Total Tax Fiscal Year of the Levy Collections in to Date Ended Levy for Percent Subsequent Percentage September 30, Fiscal Year Amount of Levv Years Amount of Levv 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 $ 15,384,216 19,220,602 24,683,054 28,138,476 31,697,696 36,437,708 42,572,206 52,521,899 52,378,653 52,198,753 $ 14,715,643 18,459,195 23,716,342 26,947,136 30,542,942 35,080,464 40,896,417 50,475,571 50,382,769 49,743,531 95.65% 96.04% 96.08% 95.77% 96.36% 96.28% 96 .O6% 96.1 0% 96.1 9% 95.30% $ 31,986 24,374 72,692 31,106 59,367 23,045 12,127 140,945 430,423 - $ 14,747,629 18,483,569 23,789,034 26,978,242 30,602,309 35,103,509 40,908,544 50,616,516 50,813,192 49,743,531 95.86% 96.1 7% 96.38% 95.88% 96.54% 96.34% 96.09% 96.37% . 97.01% 95.30% Source: City of Palm Beach Gardens Finance Department and Palm Beach County Tax Collector's Office. 119 City of Palm Beach Gardens, Florida Ratios of Outstanding Debt by Type Last Ten Fiscal Years Governmental Activities Year General Ended Revenue Obligation Capital September 30, Bonds Bonds Leases Notes Loans 2000 $ - $ 17,260,000 $ - $ 4,007,518 $ 2001 11,985,000 16,591,247 3,858,403 2002 15,899,211 3,701,991 11,985,000 2003 15,179,154 3,538,375 11,985,000 2004 19,320,000 14,421,071 364,401 2005 18,090,000 13,970,914 291,521 2006 26,355,200 13,342,497 21 8,641 2007 24,582,260 12,451,896 145,761 2008 22,802,384 11,527,046 72,881 2009 20,980,228 10,567,106 Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. (1) See the Schedule of Demographic and Economic Statistics on page 126 for population data. 120 1,386,119 1,173,370 850,515 51 5,637 388,260 996,465 922,247 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a a e a a a a a a a a a a a a a a a e 0 a e a a e 0 e 0 0 a Table 9 Business-Type Activities Revenue Capital Total Primary Percentage of Personal Per Income (’) Capita (’) Bonds Leases Loans Government $ 6,680,000 $ -$ 71245,000 251,832 584,696 98,677 6,410,000 66,008 6,090,000 33,116 7,015,000 6,775,000 $ 27,947,518 39,931,482 39,185,898 38,962,325 41,754,850 39,326,066 40,431,975 37,568,177 35,398,776 32,469,581 0.0573% 0.0787% 0.0751 % 0 .0730°/o 0.0755% 0.061 7% 0.0569% 0.0504% N/A WA $ 797 1,126 1,074 988 985 863 839 76 1 704 650 121 City of Palm Beach Gardens, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years Table 10 Year Ended September 30, General Obligation Bonds Percentage of Estimated Actual Per Taxable Value (') Capita (*) 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 $ 17,260,000 16,591,247 15,899,211 15,179,154 14,421,071 13,970,914 13,342,497 12,451,896 11,527,046 10,567,106 0.49% 0.45% 0.40% 0.34% 0.27% 0.23% 0.1 9% 0.1 3% 0.1 2% 0.11% $ 492 468 436 385 340 306 277 252 229 21 2 Note: Details regarding the City's outstanding debt can be found in the notes to the financial statement. (1 ) See the Schedule of Net Assessed Value on page 1 14 for Estimated Actual Value of Taxable Property. (2) See the Schedule of Demographic and Economic Statistics on page 126 for population data. 122 e e e e e e e e e e e e e e e e a e e e e e e e e e e e e e e e e e e 0 e 0 e 0 e e e a Table 11 City of Palm Beach Gardens, Florida Direct and Overlapping Governmental Activities Debt As of September 30,2009 Percentage Amount Applicable to Applicable to Net the City of the City of Debt Palm Beach Palm Beach Government Unit Outstanding Gardens (’I Gardens Debt repaid with property taxes: Palm Beach County Palm Beach County School Board Other debt: Palm Beach County Palm Beach County School Board Subtotal, Overlapping Debt City of Palm Beach Gardens Direct Debt Total Direct and Overlapping Debt $ 290,410,000 944,330,678 1,977,124,000 5.22% 5.21 % $ 15,159,402 49,294,061 103,008,160 167,461,623 32,469,58 1 $ 199,931,204 Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and business. Source: Data provided by the Palm Beach County Finance Department and the Palm Beach County School Board. (1) The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the County’s and School Board’s taxable assessed value that is within the City’s boundaries. 123 City of Palm Beach Gardens, Florida Pledged Revenue Coverage Last Four Fiscal Years 2003 Public Improvement and Refunding Bonds Year Local Licenses Ended Business Franchise Utility and Inter- September 30, Tax Fees Taxes Permits governmental 2006 $ - $ 4,964,878 $ 796,705 $ 3,988,155 $ 8,597,198 2007 5,380,778 860,052 3,718,105 6,757,761 2008 5,516,091 956,919 4,364,095 6,906,638 2009 5,702,964 1,278,766 2,020,336 6,454,771 1,540,700 2006 2007 2008 2009 Non Ad Valorem Revenue Available Debt Service for Debt Coverage Principal Interest Coverage $ 24,759,337 $ 1,580,000 $ 872,142 10.10 27,761,117 1,425,000 27,476,025 1,455,000 26,783,904 1,485,000 840,544 81 2,042 780,032 12.25 12.12 11.82 Note: The City’s 2003 Public Improvement Revenue Bonds are obligations of the City payable solely from and secured solely by non ad valorem revenue. The original bonds were issued in November 2003 to refund certain prior obligations of the City. Additional bonds were issued in 2005 and 2006 to finance the cost of improvements to the City’s golf course, parks and public safety facilities ad valorem revenue. Data not available prior to fiscal year 2006. Source: City of Palm Beach Gardens Finance Department 124 ~~ a a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a r1 Table 12 Non Ad Valorem Charges Fines Revenue for and Investment Available for Services Forfeitures Income Miscellaneous Debt Coverage $ 1,285,282 5,502,144 5,641,891 5,865,175 $ 2,078,519 $ 524,216 320,944 436,227 1,538,635 3,159,847 1,740,605 1,414,745 $ 1,509,965 $ 24,759,337 1,858,214 27,761,117 2,028,842 27,476,025 2,070,220 26,783,904 125 City of Palm Beach Gardens, Florida Demographic and Economic Statistics Last Ten Fiscal Years Table 13 Palm Beach County Palm Beach Personal County Income (2) Per Capita School Unemployment Year Population (’) (In Thousands) lnCOme (2) Enrollment (3) Rate (4) 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 35,058 35,463 36,498 39,423 42,384 45,584 48,176 49,387 50,282 49,941 $ 48,761,949 50,712,143 52,147,502 53,357,809 5531 0,321 63,756,287 71,061,748 74,548,299 NIA N/A $ 43,102 43,876 43,822 44,050 44,518 50,371 55,311 59,147 NIA N/A Sources: (1) University of Florida, Bureau of Business and Economic Research (2) U.S. Department of commerce, Bureau of Economic analysis (3) Palm Beach County School Board Budget Office (4) Business Development board of Palm Beach County NIA: Information not available 126 7,275 9,226 9,544 9,010 8,985 8,854 8,764 8,417 9,933 10,338 2.8% 2.5% 3.3% 3.2% 3.1% 2.2% 3.7% 3.7% 4.3% 7.3% e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e 0 e e a Table 14 City of Palm Beach Gardens, Florida Principal Employers September 30,2009 2009 Percentage of Total City Employer Employees Rank Employment The Wackenhut Corp. Palm Beach Gardens Medical Center Palm Beach County School Board PGA National Resort & Spa Biomet 3i, Inc. Virtual Bank City of Palm Beach Gardens Belcan Corporation Palm Beach Gardens Marriott Anspach Companies 3,000 1,100 903 780 537 497 484 467 277 - 256 UQl 1 2 3 4 5 6 7 8 9 10 10.27% 3.77% 3.09% 2.67% 1.84% 1.70% 1.66% 1.60% 0.95% 0.88% 28.43% Note: Information is not available prior to 2006. Therefore, the 10 year comparison is not included. Source: Business Development Board of Palm Beach County 127 City of Palm Beach Gardens, Florida Full-Time Equivalent City Government Employees by Function Table 15 Last Four Fiscal Years Number of Employees: General Government Public Safety Culture and Recreation Physical Environment Total Number of Employees Note: indicators are not available prior to 2006. Source: City of Palm Beach Gardens Finance Department 128 Fiscal Year 2006 2007 2008 2009 82 277 74 73 286 75 97 282 65 95 272 64 68 80 57 53 501 51 4 50 1 484 e e e e e e e e e e e e e e e e e e e 0 e e e e a e e e e e e e e e e e e e e e 0 a rn City of Palm Beach Gardens, Florida Operating Indicators by FunctiodProgram Table 16 Last Four Fiscal Years Function/Program: General Government: Information Technology: Number of online inspections scheduled City Clerk: Public records request Finance: A/P checks issued Growth Management: Number of projects completed Public Safety: Police personnel and officers Fire personnel Number of foot patrols conducted in Number of foot patrols conducted in Number of fire rescue calls business districts neighborhood communities Culture and Recreation: Special event attendees General program participants Youth camp registrations Number of Signature City magazines mailed Tennis members Rounds of golf played General pool admissions Physical Environment: Curb miles swept Linear feet of storm drains cleaned Permits issued Value of permits Inspections performed Fiscal Year 2006 2007 2008 2009 7,000 1,478 10,000 520 7,808 486 6,188 553 6,328 12 6,793 35 6,366 25 6,829 23 158 128 158 128 157 125 150 122 8,500 8,500 1 1,497 16,400 36 4,000 36 7,073 36 7,155 36 7,410 79,000 1 15,048 2,729 84,000 278 29,132 20,393 60,000 125,000 3,503 89,000 333 44,977 45,490 71,600 126,000 3,636 89,000 566 43,657 36,401 75,000 9,220 3,805 5,241 356 43,000 32,144 2,000 2,100 3,095 3,200 1,500 1,600 13,200 13,200 8,202 9,191 8,929 5,272 375,192,522 336,554,569 343,341,142 189,340,190 26,000 23,442 19,250 40,000 Note: Indicators are not available prior to 2006 and for the transportation function. Sources: Various City Departments 129 City of Palm Beach Gardens, Florida Capital Asset Statistics by FunctiodProgram Table 17 Last Four Fiscal Years Fiscal Year Function/Program: General Government: Number of general government buildings Public Safety: Fire stations Transportation: Miles of streets Culture and Recreation: Parks acreage Parks Golf courses Soccer fields Roller hockey rinks Baseball/softball fields Tennis courts Playgrounds Basketball courts Racquetball courts Skatepark Swimming pools 2006 2007 2008 2009 4 53 168 9 1 10 2 17 17 8 12 2 i c 4 53 168 9 1 10 2 17 17 8 12 2 1 3 4 5 53 168 11 1 10 2 15 19 9 12 6 1 3 Note: Indicators are not available prior to 2006 and for the physical environment function. Sources: Various City Departments 130 I 5 54 168 11 1 10 2 15 19 9 12 6 1 3 e e e e e e e e e e e e e e e e e e a e e e e e e e e e e e e e e e e e 0 e e e rn a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e 0 a COMPLIANCE SECTION 3 1 rRampell& Rampell, €?A* certified public accountants REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor, City Council City of Palm Beach Gardens, Florida We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Palm Beach Gardens, Florida (the City), as of and for the year ended September 30, 2009, which collectively comprise the City’s basic financial statements and have issued our report thereon dated March 31,2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reportinq In planning and performing our audit, we considered the City’s internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Comdiance and Other Matters As part of obtaining reasonable assurance about whether City’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 223 Sunset Avenue + Suite 200 + Palm Beach, Florida 33480 6 TEL (561) 655-5855 FAX (561) 655-7688 133 We noted certain matters that we reported to management of the City in a separate letter dated March 31, 201 0. This report is intended solely for the information and use of management, City Council, and others within the City, and is not intended to be and should not be used by anyone other than these specified parties. Rampell & Rampell, P.A. Palm Beach, Florida March 31,201 0 134 . a a a a a a a a a a e a a a a a a a a a a a a a a a a a a a a a a a a a a a a e 0 0 0 a e e e e e e e e e e e e e e e e e e e e e 0 e e e e e a a e e e e e e e e e e e 0 a a rn 2 rRampell8~ Rampell, €?A. certiEied public accountants MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Honorable Mayor, City Council City of Palm Beach Gardens, Florida We have audited the financial statements of the City of Palm Beach Gardens, Florida, as of and for the fiscal year ended September 30, 2009 and have issued our report thereon dated March 31,201 0. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditor’s Report on Internal Control over Financial Reporting and Compliance and Other Matters. Disclosures in this report, which is dated March 31, 201 0, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which governs the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditor’s reports: Section 10.554(1)(i)l., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no recommendations made in the preceding audit report. Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 21 8.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City was in compliance with the provisions of Section 21 8.415, Florida Statutes. Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. Our recommendations are included in Attachment A, Current Year Recommendations to Improve Financial Management, Accounting Procedures and Internal Controls. Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of provisions of contracts or grant agreements, or abuse, that have an effect on the financial statements that is less than material but more than inconsequential. In connection with our audit, we did not have any such findings. 223 Sunset Avenue 6 Suite 200 + Palm Beach, Florida 33480 e TEL (561) 655-5855 + FAX (561) 655-7688 135 e Section 10.554(1)(i)5., Rules of the Auditor General, provides that the auditor may, based on professional judgment, report the following matters that have an inconsequential effect on financial statements, considering both quantitative and qualitative factors: (1) violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse, and (2) control deficiencies that are not significant deficiencies. In connection with our audit, we did not have any such findings. Section 10.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. The City has disclosed this information in the notes to the financial statements. There are no component units related to the City. Section 10.554(l)(i)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 21 8.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 21 8.503(1), Florida Statutes. Section 10.554(l)(i)7.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the City for the fiscal year ended September 30, 2009, filed with the Florida Department of Financial Services pursuant to Section 21 8.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30,2009. In connection with our audit, we determined that these two reports were in agreement. Pursuant to Sections 10.554(l)(i)7.c. and 10.556(7), Rules of the Auditor General, we applied financial condition assessment procedures. It is management’s responsibility to monitor the City’s financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Pursuant to Chapter 119, Florida Statutes, this management letter is a public record and its distribution is not limited. Auditing standards generally accepted in the United States of America require us to indicate that this letter is intended solely for the information and use of management and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. .A Rampell & Rampell, P.A. Palm Beach, Florida March 31,2010 136 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a e a a a a a e e e a n a a a a a a a a a 0 a 0 0 0 0 0 e a 0 0 a e a a a a 0 a e a 0 a a a a a a a a a e a a e City of Palm Beach Gardens, Florida Attachment A, Current Year Recommendations to Improve September 30,2009 Financial Management, Accounting Procedures and Internal Controls FINDING 2009-01 RISK ASSESSMENTS AND MONITORING Management of an organization has three basic functions-to plan, to organize, and to control. The first two functions culminate in policies and procedures. Policies and procedures have the potential to guide the organization toward achieving its goals and objectives, but only if they are implemented. The third function provides management with reasonable assurance that its policies and procedures are implemented and consistently followed. There are five elements critical to assurances on the financial statements and managerial controls. They are as follows: 1. Control environment 2. Risk assessments 3. Control activities 4. Information and communication 5. Monitoring These five elements should be incorporated into all systems of internal control. management letter is on risk assessments and monitoring. Our focus in this Risk assessment is the process used to identify, analyze, and manage potential risks. Risk identification methods include qualitative and quantitative ranking activities, management conferences, and forecasting and strategic planning. Over the course of time, situations can occur which prevent the City from fulfilling its responsibilities and meeting its goals. Because of this possibility, risk assessment should be a continual process of identifying and analyzing potential risks to the City. Monitoring assesses the quality of internal controls over time and making adjustments as necessary. It is a basic management practice that involves activities such as performance evaluations; ongoing supervisory activities, reviews and analyses, and independent evaluations of internal controls performed by management or other parties outside of the process. Proper monitoring ensures that controls continue to be adequate and to function properly. Risk assessment-Council and Management of the City of Palm Beach Gardens, through its actions, have accomplished many of the goals and objectives that are considered to be best practices in the area of risk assessment. Over the course of time however, changes can and will occur within your organization which may prevent you from fulfilling your responsibilities or meeting your goals. Based on our observations and discussions with Management, we determined that there is not an ongoing formal process for the analysis and identification of risks that relate to the operating cycles of the City. There is an informal process whereby Senior Management in the Finance Department discusses potential areas of risk, and develops plans to test controls. However, the risk assessment process and the results of the tests of controls are not documented. Monitoring-Management has implemented various procedures to monitor controls within the City and these procedures can be found in policy documents, such as the Accounting Procedures Manual and Financial Management Procedures. During the course of our audit, we discussed the types of monitoring procedures that are performed and the documentation used to support the results of the testing. We 137 3 certified public accountants April 7, 2010 To the Honorable Mayor, City Council City of Palm Beach Gardens, Florida We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Palm Beach Gardens for the year ended September 30, 2009. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our meeting with the Mayor on January 12, 2010. Professional standards also require that we communicate to you the following information related to our audit. Sianificant Audit Findinas Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City of Palm Beach Gardens are described in Note 1 to the financial statements. The City implemented a new accounting policy in the current year - GASB Statement No. 45, “Accounting and Financial Reporting by Employers for Postemployment Benefits Other than Pensions”. This pronouncement required the City to calculate and recognize a net other postemployment benefits obligation at September 30, 2009. This was the only new accounting policy adopted during the year, and the application of existing policies was not changed during 2009. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were: Management’s estimate of the annual pension cost, net pension benefit of the Police Plan, and the actuarial accrued liability is based on actuarial valuations of the pension plans. The actuaries relied on employee data and other plan information provided by the City. In addition, multiple assumptions were factored into the analysis by the actuary and these assumptions are more fully described in Note 8 to the financial statements. Management’s estimate of the net other post employment benefits obligation is based on an actuarial valuation. The actuary relied on employee data, plan information and claims data provided by the City. In addition, multiple assumptions were factored into the analysis by the actuary and these assumptions are more fully described in Note 9 to the financial statements. Management’s estimate of incurred but not reported claims (IBNR) was developed by the insurance company using an industry average that is based on actual claims paid. Management’s estimate of depreciation on property, plant and equipment is computed using the straight-line method over useful lives that range from 75 years for drainage structures to 3 years for machinery and equipment. 2.23 Sunset Avenue + Suite 200 + Palm Beach, Florida 33480 + TEL (561) 655-5855 + FAX (561) 655-7688 To the Honorable Mayor, City Council City of Palm Beach Gardens, Florida April 7, 2010 Page 2 Management’s estimate of the allowance dr doubtful accounts for emergency medical services provided is determined based on the age of the individual receivable. Generally, the allowance includes accounts over 60 days past due. Accounts receivable are written off on an individual basis in the year the City deems them to be uncollectible We evaluated the key factors and assumptions used to develop these estimates at September 30, 2009, in determining that they are reasonable in relation to the financial statements taken as a whole. Difficulties Encountered in Performing the Audit We encountered no difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatement Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. We proposed two Adjusting Journal Entries and the Schedule of Adjustments is attached for your review. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 31, 2010. A copy is attached for your review. Management Consultations with Other lndependent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the governmental unit’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management. These discussions occurred in the normal course of our professional relationship. This information is intended solely for the use of the Mayor, City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties. Very cordially yours, Rarnpell & Rampell, P.A. CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4608 March 30,2010 Rampell & Rampell, P.A. 223 Sunset Avenue, Suite 200 Palm Beach, FL 33480 We are providing this letter in connection with your audit of the financial statements of the City of Palm Beach Gardens (the City) as of September 30,2009 and for the year then ended for the purpose of expressing opinions as to whether the hancial statements present fairly, in all matcrial respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City and the rcepecdve changes in financial position and, where applicable, cash flows thereof in conformity with U.S. generally accepted accounting principles. We confii that we are responsible for the fair presentation of the previously mentioned financial statements in conformity with U.S. generally accepted aocounting principles. We are also responsible for adopting sound accounting policies, establishing and maintaining effactive internal control over financial reporting, and preventing and detecting bud. We confirm, to the best of our knowledge and belief, as of March 30, 2010, the following representations made to you during your audit. 1) The financial statements referred to above are fairly presented in conformity with U.S. generally accepted accounting principles and include all properly classified bds and other financial information of the primary government and all component units mquired by generally accepted accounting principles to be included in the financial reporting entity. 2) We have made available to you all- a) Financial records and related data. b) Minutes of the meetings of the City Councii and the General Employees' Pension Board or summaries of actions of recent meetings for which minutcs haw not yet been prepared. 3) There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices. 4) "hac arc no material transactions that have not been properly recorded in the accowlting records underlying the financial statements, 5) We acknowledge our responsibility for the design and implementation of programs and controls to prevent and detect fraud. 6) We have no knowledge of any fraud or suspected fraud affecting the entity involving: a) Management, b) Employees who have significant roles in intcmal control, or c) Others where the fraud could have a material effect on the financial statements. Rampell & Rampell, Y.A. March 30,2010 Page 2 7) We have no knowledge of any allegations of fraud or suspected fraud affecting the entity reccived in communications from employees, former employees, analysts, regulators, or others. 8) We have a process to track the status of audit findings and recommendations. 9) We have identified to you any previous financial audits, attestation engagements, performance audits, or other studies related to the objectives of the audit being undertaken and the corrective actions taken to address significant findings and recommendations. 10) We have provided our views on reported findings, conclusions, and recommendations, as well as our 11) The City has no plans or intentions that may materially affect the carrying value or classification of 12) The following, if any, have been properly recorded or disclosed in the financial statements: planned corrective actions, for the report. assets, liabilities, or equity. a) Related party transactions, including revenues, expenditwedexpense, loans, transfers, leasing arrangements, and guarantees, and amounts receivable fiom or payable to related parties. b) Guarantees, whether written or oral, under which the City is contingently liable. c) All accounting estimates that could be material to the financial statements, including the key factors and significant assumptions underlying those estimates and measurements. We believe the estimates and measurements are reasonable in the circumstances, consistently applied, and 13) We are responsible for compliance with the laws, regulations, and provisions of contracts and grant agreements applicable to us, including tax or debt limits and debt contracts; and we have identified and disclosed to you all laws, regulations and provisions of contracts and grant agreements that we believe have a direct and material effect on the determination of financial statement amounts or other financial data significant to the audit objectives, including legal and contractual provisions for reporting specific activities in separate funds. adequately disclosed. 14) There are no- a) Violations or possible violations of budget ordinances, laws and regulations (including those pertaining to adopting, approving, and arncnding budgets), provisions of contracts and grant agreements, tax or debt limits, and any related debt covenants whose effects should be considered for disclosure in the financial statements, or as a basis for recording a loss contingency, or for reporting on noncompliance. b) Unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Financial Accounting Standards Board (FASB) Statement No. 5, Accounting for Contingencies. c) Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by FASB Statement No. 5. d) Reservations or designation of fund equity that were not properly authorized and approved. 15) As part of your audit, you assisted with preparation of the financial statements and related notes. We have designated an individual with suitable skill, knowledge, or experience to oversee your services and have made all management decisions and performed all management functions. We have reviewed, approved, and accepted responsibility for those financial statements and relatcd notes. 16) The City has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged as collateral. Rampell & Rampell, P.A. March 30,2010 Page 3 17) The City has complied with all aspects of contractual agreerncnts that would havc a material cffect on the fmcial statements in the event of noncompliance. 18) We have followed all applicable laws and regulations in adopting, approving, and amending budgets. 19) Joint ventures and jointly governed organizations have been properly disclosed in the financial statements. There are no component units or other related organizations. 20) Capital assets have been evaluated for impairment. There has been no decline in service utility that would result in rccording an impairment loss. 21) We believe that the actuarial assumptions and methods used to measure pension and OPER liabilities and costs for financial accounting purposes are appropriate in the circumstances. 22) The financial statements properly classify all funds and activities. 23) All hds that meet the quantitative criteria in GASB Statement Nos. 34 and 37 for presentation as major are identified and presented as such and all other funds that are presented as major are particularly important to financial statement users. 24) Net asset components (invested in capital assets, net of related debt; restricted; and unrestricted) and fhd balance reserves and designations are properly classified and, if applicable, approved. 25) Expenses have been appropriately classified in functions and programs in the statement of activities. 26) Revenues are appropriately classified in the statement of activities within program revenues and 27) Interfund, internal, and intra-entity activity and balances have been appropriately classified and general revenues. reported. 28) Deposits and investment securities are properly classified as to risk, and investments are properly 29) Capital assets, including infrastructure assets, are properly capitalized, reported, and, if applicable, 30) Required supplementary information (RSI) is measurcd and prcsented within prescribed guidelines. 3 1) No events, including instances of noncompliance, have occurred subsequent to the balance sheet date and through the date of this letter that would require adjustment to or disclosure in the aforementioned financial statements. valued. depreciated. Signed: Date: /1 Signed: Allan Owens, Finance Director Date: .3/3 1 ,/4 0 . 'b In N CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 03•04•10 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 MARCH 4, 2010 4 5 The regular meeting was called to order at 7:01 p.m. by Mayor Russo. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin 9 (arrived at 7:03 p.m.), Councilmember Jody Barnett, Councilmember Robert Premuroso. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 Citizen Recognition – Tammy Camp. 15 Mayor Russo and Deputy Chief Emergency Services C.R. Brown recognized Tammy 16 Camp for her efforts in saving the lives of a mother and newborn child. 17 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 18 Councilmember Barnett had no report. Vice Mayor Levy reported the League of Cities 19 unanimously passed a Resolution in opposition to the numeric criteria proposed by the 20 Environmental Protection Agency (EPA) and suggested the City adopt a Resolution similar to 21 the League of Cities. Councilmember Premuroso reported on the opening of baseball season 22 and noted some sports events he expects to come to the City. Councilmember Jablin 23 reported on the installation of the MacArthur statue. Mayor Russo reported attending the 24 Nova Southeastern University groundbreaking, met with student Joseph Graeve and read a 25 letter from him, and attended a Honda Classic dinner. 26 VI. CITY MANAGER REPORT 27 None. 28 VII. COMMENTS FROM THE PUBLIC 29 None. 30 VIII. CONSENT AGENDA 31 a. APPROVE MINUTES FROM FEBRUARY 4, 2010 CITY COUNCIL MEETING. 32 b. APPROVE MINUTES FROM FEBRUARY 18, 2010 CITY COUNCIL MEETING. 33 c. RESOLUTION 8, 2010 - TEMPORARY CONSTRUCTION EASEMENT TO BE 34 GRANTED TO PALM BEACH COUNTY. A RESOLUTION OF THE CITY COUNCIL OF THE 35 CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE 36 THREE (3) QUIT-CLAIM DEEDS TO CONVEY CITY-OWNED PROPERTY TO PALM 37 BEACH COUNTY AND TO EXECUTE TWO (2) TEMPORARY CONSTRUCTION 38 EASEMENTS WHICH GRANT LIMITED EASEMENTS OVER CITY-OWNED PROPERTY 39 TO PALM BEACH COUNTY IN ORDER TO FACILITATE THE WIDENING OF MILITARY 40 TRAIL NECESSARY TO ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT-TURN 41 LANE ONTO BURNS ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 42 PURPOSES. 43 Vice Mayor Levy made a motion for approval of the Consent Agenda. 44 Councilmember Jablin seconded. 45 Motion passed 5-0. 46 47 48 49 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 03•04•10 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 1 The City Clerk read Ordinance 1, 2010. 2 a. ORDINANCE 2, 2010 – (2ND READING AND ADOPTION) POLICE OFFICERS’ 3 RETIREMENT TRUST FUND. AN ORDINANCE OF THE CITY COUNCIL OF THE 4 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. 5 OF THE CITY OF PALM BEACH GARDENS CODE OF ORDINANCES AT SECTION 6 50-61. DEFINITIONS. BY REPEALING THE DEFINITIONS OF “CREDITED SERVICE”, 7 “POLICE OFFICER”, AND “SALARY” AND READOPTING SAME, AS REVISED; 8 FURTHER AMENDING CHAPTER 50 BY REPEALING SECTIONS 50-82, 50-90, 50-124 9 AND 50-127 AND SUBSECTIONS 50-114(E), 50-118(D), 50-120(B) AND 50-152(D) IN 10 ORDER TO ADOPT PROVISIONS OF THE HEROES EARNINGS ASSISTANCE AND 11 RELIEF TAX ACT OF 2008 INTO THE POLICE PENSION TRUST FUND 12 REGULATIONS AND FOR CONSISTENCY WITH CHAPTER 185, FLORIDA 13 STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND 14 SUBSECTION OF CHAPTER 50. POLICE. SHALL REMAIN IN FULL FORCE AND 15 EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 16 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 17 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 Mayor Russo opened the public hearing. 19 Staff Presentation: Planning Manager Natalie Wong. 20 Public Comment: None. 21 Mayor Russo closed the public hearing. 22 Vice Mayor Levy made a motion for approval and adoption on second reading. 23 Councilmember Jablin seconded. 24 Motion passed 5-0. 25 X. RESOLUTIONS 26 None. 27 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 28 None. 29 XII. CITY ATTORNEY REPORT 30 None. 31 32 33 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 03•04•10 XIII. ADJOURNMENT 1 Vice Mayor Levy made a motion to adjourn. 2 Councilmember Jablin seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 7: 22 p.m. 5 The next regularly scheduled City Council meeting will be held March 18, 2010. 6 7 APPROVED: 8 9 10 11 David Levy, Mayor 12 13 14 15 Robert G. Premuroso, Vice Mayor 16 17 18 19 Joseph R. Russo, Councilmember 20 21 22 23 Eric Jablin, Councilmember 24 25 26 27 Jody Barnett, Councilmember 28 29 30 ATTEST: 31 32 33 34 35 Patricia Snider, CMC 36 City Clerk 37 38 39 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40 the meeting. A verbatim audio record is available from the Office of the City Clerk. 41 All referenced attachments are on file in the Office of the City Clerk. 42 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 03•18•10 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 MARCH 18, 2010 4 5 The regular meeting was called to order at 7:05 p.m. by Mayor Russo. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Jody Barnett, 9 Councilmember Robert Premuroso. 10 ABSENT: Councilmember Eric Jablin. 11 III. ELECTION 12 The City Clerk read Resolution 11, 2010 by title. 13 a. RESOLUTION 11, 2010 – DECLARING RESULTS OF THE MUNICIPAL 14 ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 15 BEACH GARDENS, FLORIDA, DECLARING THE RESULTS OF THE GENERAL 16 ELECTION HELD ON MARCH 9, 2010; PROVIDING AN EFFECTIVE DATE; AND FOR 17 OTHER PURPOSES. 18 Vice Mayor Levy made a motion for approval of Resolution 11, 2010. 19 Councilmember Premuroso seconded. 20 Motion passed 4-0. 21 b. ADMINISTER OATH OF OFFICE 22 City Clerk Patricia Snider swore in Vice Mayor David Levy. 23 City Clerk Patricia Snider swore in Mayor Joseph R. Russo. 24 IV. REORGANIZATION 25 1. APPOINTMENT OF MAYOR 26 Mayor Russo stepped down as Mayor. 27 Councilmember Russo nominated Vice Mayor David Levy for Mayor. 28 Councilmember Premuroso seconded. 29 City Clerk Patricia Snider read Councilmember Jablin’s letter into the record. 30 Vice Mayor Levy closed the nominations for Mayor. 31 Motion passed 3-1 with Councilmember Barnett dissenting. 32 2. APPOINTMENT OF VICE MAYOR 33 Councilmember Russo nominated Councilmember Robert Premuroso as Vice Mayor. 34 Mayor Levy seconded. 35 Motion passed 4-0. 36 The City Clerk read Resolution 12, 2010 by title. 37 3. RESOLUTION 12, 2010 – APPOINTMENT OF MAYOR AND VICE MAYOR. A 38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 39 FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; 40 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 41 Councilmember Russo made a motion for approval of Resolution 12, 2010 as read with 42 David Levy as Mayor and Robert Premuroso as Vice Mayor. 43 Vice Mayor Premuroso seconded. 44 Motion passed 4-0. 45 4. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS 46 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 03•18•10 Vice Mayor Premuroso made a motion for the External and Internal Board assignments to 1 remain as they are for the coming year. 2 Councilmember Russo seconded. 3 Motion passed 4-0. 4 V. ADDITIONS, DELETIONS, MODIFICATIONS 5 None. 6 IV. ANNOUNCEMENTS AND PRESENTATIONS 7 None. 8 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 9 Vice Mayor Premuroso had no report. Councilmember Russo brought a resident’s e-mail to 10 council for discussion, reported attending the March 18, 2010 Bioscience Land Protection 11 Advisory Board meeting and advised that “Project Aberdeen”, company name “Signature 12 HealthCARE”, is moving to Kentucky. Council consensus was reached to send thank you 13 letters to those involved with the Signature HealthCARE negotiations. Councilmember 14 Barnett had no report. Mayor Levy reported attending the Palm Beach County Water Task 15 Force meeting. 16 VI. CITY MANAGER REPORT 17 City Manager Ron Ferris reported on the current budget and planning for the FY 2010-2011 18 budget. 19 VII. COMMENTS FROM THE PUBLIC 20 Yasmin Dweik, 2534 Monaco Terrace, Palm Beach Gardens; Carol Estrada, 309 Riverside 21 Drive, Palm Beach Gardens; Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens; 22 Pat Hughey, 9120 Reed Drive, Palm Beach Gardens; Robert Palladino, 4432 Hickory 23 Drive, Palm Beach Gardens; Linda Hughey, 9120 Reed Drive, Palm Beach Gardens. 24 Council consensus was reached for City Clerk Patricia Snider to work with Palm Beach 25 County Supervisor of Elections Susan Bucher regarding polling locations. 26 VIII. CONSENT AGENDA 27 None. 28 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 29 Mayor Levy announced the procedures for tonight’s proceedings. 30 Those preparing to give testimony were sworn in. 31 The City Clerk read Resolution 10, 2010. 32 a. *RESOLUTION 10, 2010 - GARDENS BUSINESS CENTER. A RESOLUTION OF 33 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 34 APPROVING THE RELOCATION OF A GARDENS BUSINESS CENTER "BUILDING 35 ID SIGN”, PART OF THE MACARTHUR CENTER SIGN PACKAGE, TO THE 36 SOUTHWEST CORNER OF THE PARCEL CURRENTLY OCCUPIED BY BB&T BANK 37 AT THE CORNER OF PGA BOULEVARD AND MINSK GARDENS AVENUE, AS 38 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF 39 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 40 Mayor Levy opened the public hearing. 41 No ex parte communication was declared. 42 Mayor Levy declared a conflict of interest, passed the gavel to Vice Mayor Premuroso, 43 recused himself and left the dais. 44 Presented Item: Todd Pressman, BB&T Bank. 45 Staff Presentation: Planner Kathryn Wilson. 46 Public Comment: None. 47 Vice Mayor Premuroso closed the public hearing. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 03•18•10 Councilmember Russo made a motion for approval of Resolution 10, 2010. 1 Councilmember Barnett seconded. 2 Motion passed 3-0. 3 Mayor Levy returned to the dais. Vice Mayor Premuroso passed the gavel back to Mayor 4 Levy. 5 X. RESOLUTIONS 6 The City Clerk read Resolution 9, 2010. 7 a. RESOLUTION 9, 2010 – INTERLOCAL AGREEMENT WITH SEACOAST 8 UTILITY AUTHORITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 9 PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT 10 WITH SEACOAST UTILITY AUTHORITY FOR STORMWATER IMPROVEMENTS 11 WITHIN THE CITY’S RIGHT-OF-WAY; AUTHORIZING THE MAYOR TO EXECUTE 12 THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 13 PURPOSES. 14 Mayor Levy opened the public hearing. 15 Staff Presentation: Operation Director David Reyes. 16 Public Comment: None. 17 Mayor Levy closed the public hearing. 18 Councilmember Russo made a motion for approval of Resolution 9, 2010. 19 Councilmember Barnett seconded. 20 Motion passed 4-0. 21 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 22 a. ARTISTIC BUS SHELTERS 23 Staff Presentation: Resource Manager Allyson Black. 24 Public Comment: Art in Public Places Advisory Board Chair Cable Neuhaus, 1106 25 Vintner Boulevard, Palm Beach Gardens; Linda Hughey, 9120 Reed Drive, Palm Beach 26 Gardens; Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens. 27 Councilmembers reached consensus not to go forward with the bus shelter project at this time. 28 XII. CITY ATTORNEY REPORT 29 None. 30 31 32 (The remainder of this page intentionally left blank) 33 34 35 36 37 38 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 03•18•10 XIII. ADJOURNMENT 1 Councilmember Russo made a motion to adjourn. 2 Councilmember Barnett seconded. 3 Motion passed 4-0. 4 The meeting adjourned at 8:42 p.m. 5 The next regularly scheduled City Council meeting will be held April 1, 2010. 6 7 APPROVED: 8 9 10 11 David Levy, Mayor 12 13 14 15 Robert G. Premuroso, Vice Mayor 16 17 18 19 Joseph R. Russo, Councilmember 20 21 22 23 Eric Jablin, Councilmember 24 25 26 27 Jody Barnett, Councilmember 28 29 30 ATTEST: 31 32 33 34 35 Patricia Snider, CMC 36 City Clerk 37 38 39 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40 the meeting. A verbatim audio record is available from the Office of the City Clerk. 41 All referenced attachments are on file in the Office of the City Clerk. 42 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 15, 2010 Resolution 17,2010 SubjectlAgenda Item: Approving and ratifying the Memorandum of Understanding between the City and the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. [ X ] Recommendation to APPROVE 11 Recommendation to DENY CityA RevP orney I Finance Director I HR Administrator Submitted by: Peter T. Bergel - Fire Chief ~~ Originating Dept.: Fire Rescue Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified 1 x ] Not required Costs: $ NIA (Total) $ NIA Current FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: NIA Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: 0 Resolution 17, 2010 Memorandum of Understanding 0 Ratification Letter [ ]None Meeting Date: April 15,2010 Resolution 17,2010 BACKGROUND: In 2008, the City negotiated a new Collective Bargaining Agreement (CBA) with the IAFF in which is set to expire on September 30, 201 1. There are two issues that need clarification and revision and prompted the negotiation of this Memorandum of Understanding (MOU) between the parties. The CBA has requirements for individuals to qualify for and take promotional examinations for officer positions as well as step-up and serve as officers when necessary. In particular, the CBA requires that candidates for promotional examinations for the position of Lieutenant possess Fire Officer 1 certification to be eligible for the promotional examination. In March of 2010, the State Fire Marshal's Office, which promulgates rules for fire service certifications, revised the standards for Fire Officer 1 , which effectively limits Fire Rescue to four personnel for eligibility to take the promotional exam, and further restricts our ability to step-up personnel in the absence of an officer. In September 2009, Fire Rescue tested five personnel for the position of Lieutenant with only two personnel successfully passing the examination. The CBA requires that if fewer than three persons exist on the list, the City shall commence the process of establishing a new list. Subsequently, Fire Rescue has met with the IAFF in an effort to resolve the situation created by the new rules established by the State. Fire Rescue and the IAFF have jointly developed a solution to the problem by revising the requirements to be eligible for the Lieutenant promotional exam. These requirements modify'the time in position as well as new educational components, which increase both the number of personnel eligible to sit for the exam and the number of personnel eligible to perform as step-up officers. Attached are changes to Article 18 Promotions. The second issue affects the use of personal leave within the rank of Fire Medic. Currently, the City allows one person from within each rank to be scheduled off on personal leave each day. Over the past several years, the number of Firefighter positions has dwindled, while the number of Fire Medics has increased due to the number of personnel becoming certified paramedics. While Firefighters have a dedicated leave slot, it is only utilized about 8% of the time due to the low number of Firefighters. In an effort to equitably distribute personal leave time, we have agreed to create an additional leave slot for Fire Medics. This change is reflected in the attached MOU. Staff is confident that the interests of the City and the Department will be met by this MOU. These changes to the contract gives the Department greater flexibility to utilize personnel where needed instead of paying overtime. There are no additional costs anticipated through the execution of this MOU. STAFF RECOMMENDATION: Approve Resolution 17, 201 0, ratifying the Memorandum of Understanding between the City and the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. Professional Firefighterdparamedics of Palm Beach County, Inc. IAFF Local 2928 2328 South Congress Avenue Suite 2-C West Palm Beach, Florida 33406-7674 www. IAFF2928.com 561 -969-0729 Fax: 561 -969-1 059 April 1,2010 Chief Pete Bergel Palm Beach Gardens Fire Department 10500 North Military Trail Palm Beach Gardens, Florida 33410 Dear Chief Bergel, I am writing this letter to inform you that the Memorandum of Understanding, Article 18, Promotions, between the members of Professional Firefighters/Paramedics of Palm Beach County, Inc.: Locai 2928, and <ne city or'Falrn Beach Gardens #as voted \)li Yi'cJmsdaq-, XIiirirch 31,2019, passed and therefore was ratified. If you should need any additional information regarding this ratification vote, please do not hesitate to contact me; otherwise, thank you very much for your time and consideration with this matter. Sincerely, 1 PbfT Michae J. Mayo President cc: R,Ferris M. Floyd Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 17,2010 A RESOLUTION OF THE CITY COUNCIL OF BEACH GARDENS, FLORIDA APPROVING THE CITY OF PALM AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, INC. TO MODIFY AND CLARIFY THE REQUIREMENTS FOR PROMOTIONAL EXAMINATIONS AND THE USE OF PERSONAL LEAVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Professional Firefighters/Paramedics of Palm Beach County Local 2928, IAFF, Inc. and the City of Palm Beach Gardens have negotiated a Memorandum of Understanding to modify and clarify the requirements for promotional examinations and the use of personal leave; and WHEREAS, the majority of members of the IAFF have voted in favor of ratification of the attached Memorandum of Understanding; and WHEREAS, such Memorandum of Understanding has been prepared and is attached hereto as Exhibit “A; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Memorandum of Agreement with the Professional Firefighters/Paramedics of Palm Beach County Local 2928, IAFF, Inc. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 17, 2010 PASSED AND ADOPTED this day of ,2010. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT AYE NAY ABSENT e G:\attorney-shareRESOLUTlONSL?Ol OResolution 17 201 0 - fire rescue and iaff ratifymg mou.doc 2 EXHIBIT “A” Memorandum of Understanding Between The City of Palm Beach Gardens (City) and Professional Firefighters/Paramedics Local 2928 (Union) The City and Union agree to amend Article 18 Promotions as indicated by the underlined new language contained in the revised document attached hereto. The City agrees to retest for the position of Lieutenant in accordance with the provisions of the modified Article 18 Promotions attached hereto. The City agrees to provide one additional slot for a vacation day off to the Firemedics for a total of two Firemedics off on any given day. Said vacation slot shall be reserved exclusively for Firemedics, except when inside of 72 hours from start of the shift and will be used in accordance with Article 27, Section 4. If, 72 hours prior to the start of the shift, no Firemedic has elected to reserve the day; the day becomes available to Firefighters, Driver Engineers and Officers, as long as it does not directly cause overtime. Firemedics can still reserve the day, if it is still available, inside of the 72 hours whether or not it causes overtime. Once inside of 24 hours, even if the day was reserved by a Firefighter, Driver Engineer or Officer, use of the additional slot will not be denied even if use of the slot will cause overtime. City of Palm Beach Gardens Professional FirefightersParamedics --?- Ed Morejo DVP 6 Date: 4L Lo Date: v// m // ARTICLE 18 PROMOTIONS Section 1: Fillinp of Vacancies A) It is agreed by the parties that a position involving a promotion in the Fire Rescue Department is a position of vital importance to the citizens of the City and shall, therefore, be filled within ninety (90) days from the date that it would be declared vacant by the City due to expansion, termination or any other reason except where there is no eligible list, in which case the City shall promptly initiate the promotional and/or hiring process. Section 2: Filling of Position A) It is the policy of the Employer to promote from within provided a qualified candidate applies and accepts the promotion. B) Promotions will be made as provided in this Article. Section 3: Notification of Examination Employees will be given written notice at least ninety (90) days in advance of a promotional examination date. The written examination will be held no sooner than ninety (90) days after the notice, nor later than one hundred twenty (1 20) days after the notice. Test materials will be taken from the following: 1. No more than four (4) specified IFSTA Manuals 2. Department implemented S.O.P.'s 3. No more than four (4) specified NFPA Manuals 4. Information specifically related to the position being tested for. 5. A Study Guide will be assembled and distributed to each test applicant with a reasonable charge not to exceed $50.00 that will be paid by the applicant. This Study Guide shall include all information and materials fiom which subject matter of the test will be taken. The City shall also provide a table of contents or index identifying all documents included in the study guide so that all applicants may determine whether the study guide received is complete. Section 4: Application for Examination No employee shall be permitted to apply for a promotional examination after the announced closing date. The closing date will take effect thirty (30) days prior to the date of the examination. Section 5: Elipibilitv for Promotional Examination Employees who apply for a promotion must have the following qualifications at the time the written examination is given: DRIVER ENGINEER: a) Current employment with the City as a Fire Fighter or Fire Medic. b) Two (2) years continuous service with the City as a Fire Fighter or Fire Medic and has taken and passed pump apparatus operator (FFP 1302) and hydraulics (FFP 130 1). c) LIEUTENANT: Taken and passed (FSFC 703) aerial operations.* ----------- Method 1 Five (5) continuous years service with the City as a Fire Fighter, Fire Medic, Driver Engineer, or any combination of the three(3); City assigned Driver Engineer or having been on the City Driver Engineer Promotional list within the last two (2) years; Has taken and passed Pump Apparatus Operator FFP 1302 and Fire Hydraulics FFP 1301; Aerial Operations FSFC 703*; and Current EMT or Paramedic Certification, and Florida State Fire Officer I certification. All newly promoted Lieutenants shall obtain either a paramedic state certification within 2 years of promotion or an Associate’s degree within 3 years of promotion. Should the promoted Lieutenant not accomplish either of the two, he or she shall then be demoted to hisher previously held position. .----------. Method 2 CAPTAIN: a) Two (2) years service as a Fire Lieutenant, and current EMT or Paramedic Certification; or b) Two (2) years service as a Fire Lieutenant, current EMT or Paramedic Certification, and Florida State Fire Officer I1 certification. All newly promoted Captains shall obtain either a paramedic state certification within 2 years of promotion or an Associate's Degree within 3 years of promotion. Should the newly promoted Captain not accomplish either of the two, he or she shall then be demoted to hisher previously held position. * The City shall offer an FSFC 703 Aerial Operations course on an annual basis. The course shall be offered in January of each year, or as soon thereafter as is possible. The course shall be offered on a firefighter schedule, i.e., the same class is offered on two days to accommodate the shift schedule worked by firefighters. If the City does not provide the course, then it will not be a requirement for he exam. Section 6: Life Safetv Assimment: Employees assigned to Life Safety Lieutenant may compete in a promotional process only from their rank prior to assignment. Section 7: Selection Procedures: The selection procedure shall include a written examination and an assessment center for Lieutenants and Captains and a written examination and practical examination for Driver Engineers. Written exams and oral review boards for Lieutenants and Captains shall be developed and administered by an outside agency hired by the City. The written exam for Driver Engineers shall be developed and administered by an outside agency hired by the City. The practical exam shall be developed by a joint committee having two (2) members appointed by the Union and two (2) members appointed by management and administered by an outside agency. The selection procedures shall take into consideration factors such as but not limited to education, experience, knowledge and physical fitness (all of which shall relate to the job being sought). Except as noted above for Driver Engineer Practical, no employee of Palm Beach Gardens Fire Rescue Department shall develop any part of any promotional exams. Section 8: Written Examination Eligible, qualified applicants shall take a written examination, which shall be graded. The cutoff score for further consideration in the process for each written examination shall be seventy percent (70%). Separate written examinations shall be given for each classification (Driver Engineer, Lieutenant, and Captain) in the Fire Department and Life Safety Services Division. Applicants may protest an exam item at the conclusion of the exam. Protest may include the following: (1) item not in the study guide; (2) no correct answer; (3) more than one correct answer. If such protest is determined to be valid by the testing organization, then the affected item shall be removed from the exam. The final decision on protest will be made by the testing organization. Section 9: Adiustment of Written Examination Scores for Promotional Exams A) Applicants who have scored above the cutoff score on the written examination shall have their scores adjusted for seniority, as provided in this Section. B) Applicants shall have their scores adjusted upwards based on their continuous service (as defined in Article 15 Seniority) by one half of one percent (0.5%) for each hll year of continuous service (0.04167% per month of continuous service), subject to a maximum adjustment of five percent (5%) after ten (1 0) years of continuous service. C) Passing score for all components is required. Dl -APPJiG-rnLS shaLl-h3x Jhcir- KQKS adjust_eduEwxds-bY- %-a PQint ----------------- for the following ------------ classes subject ...................... to a maximum adjustment ------------_- of 5 points. ---___. --. 1. ------------------ FFP 2720 Company --- .................... Officer Leadership_ _-. 2. ___--___-----______ FFP 1 8 1 0 FirefightingJaGtigS _I. --. 3. _------------------ FFP 28 1 1 Firefigh~i~~-~-~~~i~-S_c_t_i_c_s__II _-. 4. ........................................... FFP 1740 Fire Service Course Delivery --. 5. ......................................... FFP 1505 Fire Prevention Practices --. 6. ........................................ FFP 1540 Private Fire Protection Systems -------- I --. 7. ..................... FFP 2 120 Building -----------___. Construction --. 8. .............................. 1-200 Basic Incident Manaze-mmt _-. 9. ...................................... 1-300 Intermediate Incident Management ------. ---- 10. Anti-Terrorism ----------------- Section 10: PostinP of Written, Oral and Practical Examination Score A list of applicants’ scores on the written oral, and practical (where applicable) examination shall be posted at each fire station in order of highest to lowest score, using social security numbers. Section 11: Rankinp of Positions: The following testing criteria will be used to rank all candidates: Lt. and Capt. Driver Written 60% Written 50% Assessment 40% Practical 50% CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 15,2010 Resolution 14,2010 SUBJECT / AGENDA ITEM Resolution 14,2010: City of Palm Beach Gardens 09.11.01 Memorial Plaza Consideration for Approval: A City initiated request to approve a 09.11.01 Memorial Plaza at Palm Beach Gardens Fire Station No. 3, located on the north side of Northlake Boulevard approximately one-half (X) mile west of Military Trail, at 5161 Northlake Boulevard. [XI Recommendation to APPROVE [ ] Recommendation to DENY I Reviewed by: I Originating Dept.: City Attorney: Growth Management: Project Esq. Manager Development Compliance: Kate Wilson PI ann e r 1 Planning Manager N/A Bahareh K. Wolfs, AlCP 1 Approved By: I Affected Parties: [ ] Notified [XI Not Required ~ Finance: Costs: $38,827 Funding Source: [ ] Operating [XI Other NIA Budget Acct. #: 304.1400.51 5.4600 Advertised: I . [ ] Required [XI Not Required Kara L. Irwin, AlCP City Council Action: [ ]Approval [ ] Denial [ ] Continued to:- Attachments: *3 Location Map *3 Artist Resume e3 Artistic Renderings *3 Artifact Photo *:* Artifact Location *3 Project Budget *3 Maintenance Plan *:* Lighting Details *3 Resolution 14, 2010 *3 Reduced Plans and Drawing Exhibits Meeting Date: April 15,201 0 Resolution 14,2010 Page 2 of 4 BACKGROUND In September 2009, the Palm Beach Gardens Fire Rescue Department was advised that the September llth Families' Association created a means to release steel from the World Trade Center buildings for use as memorial / art pieces at no charge. All of the subject steel pieces were salvaged from the buildings after the disaster on September 11, 2001. In October 2009, a committee was created to discuss and conceptualize the 9/11 Memorial Plaza. On October 20, 2009, a request was brought before the Art in Public Places (AIPP) Board to utilize art impact funds for a 09.1 1.01 Memorial Plaza at Fire Station No. 3. The AlPP Board recommended support of this request to the City Council. On November 5, 2009, the City Council approved Resolution 101, 2009, to allow up to $60,000 of art impact funds to be used for a City of Palm Beach Gardens 09.1 1.01 Memorial Plaza. On February 16, 2010, a workshop was held with the AlPP Board to present conceptual drawings and elements of the Memorial Plaza. On March 16, 2010, the AlPP Board voted 7-0 to recommend approval of Petition AIPP-10-02- 000025 to the City Council, requesting approval of the Palm Beach Gardens 09.1 1.01 Memorial Plaza. PROJECT DETAILS Location The subject site, known as Fire Station No. 3, is 7.64 acres, and is located on the north side of Northlake Boulevard approximately one-half (X) mile west of Military Trail, at 5161 Northlake Boulevard (see attached Location Map). The plaza is proposed to be located on the southwest portion of the site in an open space that fronts Northlake Boulevard. The plaza has a diameter of approximately 50 feet, and has incorporated a pedestrian walkway connecting the existing parking lot to the existing sidewalks along Northlake Boulevard and Howell Lane. The Memorial Plaza will be visible from Northlake Boulevard. Artist The project artist is Mark Fuller, who is an environmental graphic and industrial design artist. Mr. Fuller has been participating in the public art forum since 1992, and has vast experience in creating public art, which establishes a strong sense of place unique to individual communities. He has created a number of public art pieces, each of which were designed to symbolically or abstractly reference its specific environment. Due to nature of the proposed project, Mr. Fuller has graciously volunteered his services, and has created an artistic plaza that will respectfully memorialize this tragic historical event for generations to come (see attached Artist Resume). Proposed Art The plaza has been designed to reflect the shape of the Maltese cross, which is a widely recognized symbol for fire departments, using permeable paver bricks. The permeable paving system proposed reduces runoff by 100 percent for low intensity storms, can reduce drainage and detention requirements, meets the U.S. Environmental Protection Agency's standards, and Meeting Date: April 15,2010 Resolution 14,2010 Page 3 of 4 contributes to LEED points in seven (7) categories. The steel piece obtained from the World Trade Center will be located at the center of the plaza (see attached Artifact Photo). The artifact was part of the south tower, and was a three (3) story building frame section (see attached Artifact Location Drawing). The steel piece consists of two (2) vertical columns which are attached by steel plates in three (3) locations where the individual building floors were located. The piece is slightly distorted, and is approximately 36 feet long, 30 inches high, and 50 inches wide. Also within the plaza will be approximately eight (8) glass panels on which all the victim’s names will be etched. The panels are eight (8) feet high and four (4) feet wide. The glass is one-half (%) inch thick and will sit on a stainless steel base cabinet and be surrounded on all sides by a steel frame. The lettering on the glass is approximately one-half (%) inch high. To identify those victims who served in a Police or Fire Department, a shield or Maltese cross, respectively, will be etched into the glass adjacent to their name. Data is being collected regarding names of victims, who may have been residents of Palm Beach Gardens. Plaques will be located in approximately four (4) locations on site to identify the plaza, history of the event, location of the artifact in the World Trade Center building, and the donors (see attached Artistic Renderings). Landscapinq A four (4) foot landscape berm is proposed at the northwest corner of the site to provide elevated visibility of the memorial. Along both sides of the plaza will be approximately six (6) to eight (8) Palms with a Cocoplum hedge at the base of each tree. Elevated retaining walls are situated around the outer edges of the cross feature for seating. A planting area of Parsons Juniper is proposed along the outsides of the bench features on the east side of the memorial. The existing Holly trees will be removed from the site to avoid conflicts with the berm and, if possible, relocated to the southeast area of the Fire Station parcel, which is currently vacant. Additionally, a Cocoplum hedge is proposed along the new walkway as well as along the north, west and a portion of the east edges of the plaza (see attached Landscape Plan). Sianaae There is an existing monument sign, which identifies the Fire Station, located on the west side of the Fire Station driveway that will be relocated to the east side to avoid visibility conflicts between the Memorial Plaza and the sign. The plaza name will be etched into the outside of one of the elevated benches facing Northlake Blvd. The etching will read “09.11.01 Memorial Plaza.” No additional signage is proposed with the subject petition. Liuhting Lighting will be placed throughout the plaza to illuminate the steel piece, pedestrian walkway, palm trees, and benches. The walkway to the Memorial Plaza will be lit using aluminum mushroom lights that sit approximately 28 inches off the ground, and will be spaced evenly along the entire path. Lighting is also proposed to be located on the inside of each of the concrete benches facing the steel piece. The steel piece will be lit using ground mounted fixtures at points within the plaza. The ground mounted lights will also be used to illuminate the palm trees and possibly the flag pole. The lights are adjustable and allow for mounting at heights of two (2) to twelve (12) inches above grade (see attached Lighting Details) A number of the lighting fixtures have been donated. Dependent upon availability, solar lighting will be used throughout the plaza. Meeting Date: April 15,2010 Resolution 14,2010 Page 4 of 4 A total of $60,000 of Art Impact Funds was allocated by the City Council for the proposed 09.11.01 Memorial Plaza. The total estimated cost of the project is about $143,000. The subject budget includes construction materials, labor, installation, transportation, and plaza amenities. In order to cover the expenses, the committee has been actively seeking contributions from businesses and individuals throughout our community. To date, the committee has received numerous contributions that include professional services, products, and monetary donations, which amount to over $78,000. At this time, there are pending donations that have been included which are verbal in nature; however, the committee has been working diligently to secure letters of donation from each donating party (see attached Budget). Additionally, a Maintenance Plan has been included that details the future costs of the plaza and art maintenance over a period of 25 years. It is estimated that $38,827 will need to be set aside for future maintenance (see attached Maintenance Plan). STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 14, 201 0. Location Map Palm Beach Gardens Fire Station No. 3 5161 Northlake Boulevard About MTFuller Mark Fuller (MTFuller) is an environmental graphic and industrial designer, and has been participating in the Public Art forum since 1992. He is a creator of dynamic site specific exterior sculptural installations for a wide variety of projects, and has been established in West Palm Beach, Florida since 1986. His work has primarily been oriented towards creating sculptural identity elements that help to establish a strong sense of place. In addition to his public art, his design experience includes urban street furniture such as seating elements, bollards, lighting fixtures, tree grates, and telephone kiosks. His Art In Public Places installations have included kinetic constructions, compression-tension cable structures, and static free-standing elements. While the style of Mark's work is not characterized by a specific 'look'; it is highly stylized by his research into the unique function, architecture, environmental and cultural aspects that surround each project . As a result, the visual characteristics of Fuller's installations flex and change with appropriate sensitivity for the project at hand. His works are site-specific, and generally laced with symbolic or abstract reference that links it solidly to its environment. His most recent works explore the use of cutting edge high-technology in the realm of solar-generated electric power, LED luminaries, and the recycling of various glass waste materials. With an interest to promote egreeni and low carbon footprint ideology, Mark continues to move forward developing appropriate eco-conscious fabrication methods and techniques . His projects have been referenced by a spokesperson for the National Endowment For The Arts as "a good example of what public art can be". Experience with, and accessability to high-tech fabrication methods and finishing technology allow him to effectively determine appropriate production methods to accommodate budget, schedule, and function requirements. His projects often incorporate diverse fabrication methods utilizing polymer-based mouldings, cast stone fabrications, specialized epoxy-polyester hybrid coatings, and aero-space quality precision metal fabrications. Immediate access to state-of-the-art industrial lasers, CNC computerized machining, robotic welders and large format image reproduction has enhanced MTFuller's ability to streamline the process from conceptual ideation to reality. Art Installations The Tipping Points - Village of Royal Palm Beach, Florida (2009) StentTower - Tenet Healthcare; Palm Beach Gardens Hospital, Palm Beach Gardens, Florida (2009) Lotus Agikam - City of Lauderhill, Lauderhill, Florida (2009) Cambier's Quilt - City of Naples, Naples, Florida (2009) ArcSolar - Doubletree Hotel, Palm Beach Gardens, Florida (2008) Triads - Store Inc, Palm Beach Gardens, Florida (2008) The Last Pasture - The Sembler Company, Boynton Beach, Florida (2008) Waterhole #3 - Boynton Town Center, Boynton Beach, Florida (2008) Eight Horses - The Sembler Company, Boynton Beach, Florida (2008) Gimme Shelter - Pinellas County Cultural Affairs, Art & Design, Seminole, FL (2008) Light Swimming - Palm Beach County Arts Council, Delray Beach, Florida (2008) The Fish - Channing Corporation, Palm Beach Gardens, Florida (2006) The Obelisk - The Sembler Company, Palm Beach Gardens, Florida (2006) StacW45 - Legacy Place, Palm Beach Gardens, Florida (2006) The Four Benches - The Sembler Company, Palm Beach Gardens, Florida (2006) 1'11 Be Right Back - The Henry Skokowski Memorial Trust, City Hall, Palm Beach Gardens, Florida (2005) Butterfly Grove - PGA Commons, Palm Beach Gardens, Florida (2005) Track 2; 1-9 - The Pinellas Trail; Pinellas County Arts Council, St. Petersburg, Florida (2004) Magician's Birthday - Suntrust Bank, Palm Beach Gardens, Florida (2003) WC-9/7 7 Memorial - The City of Hoboken, New Jersey (2002) Flock - The City of Mercer Island, Mercer Island, Washington (2001) Square Peg- Round Hole - Interim Services Corporate Headquarters, Ft. Lauderdale, Florida (2000) Mood For Wind & Wafer /,//,/// - Channing Corporation, Palm Beach Gardens, Florida (2002) Chameleons, Fish, & Sailfish - 1-95 Sound Barriers, FDOT, Palm Beach County, FL (2001) Tensegrify - Discovery Museum of the Desert, Palm Desert, California (1999) Marlin Palms - The City of West Palm Beach, West Palm Beach, Florida (1 995) Fish Out Of Water - The City of West Palm Beach, West Palm Beach, Florida (1993) r '. A E i E P c 1 ,- P I I Image 10 MTFuller 16 Mar 2010 9/11 Memorial Plaza Budget *Donations continue to be negotiated and solidified with Letters of Donation urur NO N N OW CL CLCL CL CTr Nur N N urE NN FIXTURE TYPE: PROJECT NAME: L A 5r in cast aluminum (PTLA3) or cast Mushrooms are perfect path walkways and other SPECIFICATIONS HOUSING Cast aluminum roof and lamp WIRING Prewired with high-tempe ha+der. #18 AWG powdercoat available in Dark Bronze FINISH: Thermoset poiymter -t-powdereoa. WARRANlY Three year limited warranty. CERTIFICATION: UL Listad to U.S. Cenrdkn~~nchrdEfatW locotion& FASTENERS: Captiw, stainless steel, tamper redstant. WKm High-tempentun silicone. SOCKET. Porcelain medium bsss. 2 i Note: Bmmeik maa~~rlhe~ BRONDELlTE - OENLYCE IS0 9001:2OW Regiabmd PTWev2 FIXTURE TYPE: PROJECT NAME: DIMENSIONS 8 MOUNTING DETAILS 28-112" 724 mm ORDERING LOGIC - PTLA3 7 150W A21 120V NOTE: Lamp not Inoludod. PTLAS Model No. Finish PROJECT NOTES OVAL Note: hnzolite msewea the dgM to modlfy lha above details to reflect changes in the cost of m terials Wor production Wor design without prior notice. BRONZELITE - QENLYTE GROUP UC -100 Cmfhvay.LiItbstown, PA 17340.Ph. (800) 27 156S*Fex (717) 359-9545-w.bronzelite.com PTLASRw2 IS0 8001:2OOO Registered Copyright Genlyte Grwp LL E , BRONZELITE Division 2005 FIXTURE TYPE: PROJECT NAME: B d lens unit fits discretely into a brick be directed where European Standard coated metal, 80'C for both 1 second (74'C for RNISH: Housing finished in thermoset polyester powdercoat in Dark Bronze. applications. Indudes two 112' NPT conduit entries and ample wiring compartment for through-wiring. FASTENERS: Tamper-resistant CERTIFICATION: UL Listed to U.S. stainless steel. TRIM RINQ: Dark bronze (color-Impregnated) polycarbonate for ELECTRICAL: 13.5 total watts. Inp superior camsion resistance. Silicone voltage range of 108-1 32VAC. gasket etmm positive, wa- seal. FACE PUT& Horizontal and vertical louver assemMia sand casi me with 35" full cutoff. Lens frame for frosted lens is cast bronze. LENS Louvered fixtures have clear, tempered glass. Frosted lens is tempered glass. nominal). safety standards for wet locations (outdoors) and for indoors. cUL Listed to Canadian safety standards for wet locations (outdoors). ADA: This fixture is in compliance with the Arnerkans with Disabilities Act. IP66: Dust-tight and sealed against direct tray for easy installation after housi installed. I CCT, Input Voltage Input Draw, Total Starting nom. Range max. Lumens' Temp., min. 55ooK 108-132VAC 0.14A 13.5W 14.2LbW 191 -4Q"CIF *Efficacy and Total Lumens include losses due to driver, collimating optics and/or lenddiffuser. ACCESSORIES (Must Be Ordered Separately and Field Installed) t 3 BMAKNG: New BMAKES: Existina 2 -4 c_ r y-i 4 I Stu I C n 160 9M)1:2OOO Registered wLBl005LED-Re~5 I , FIXTURE TYPE: PROJECT NAME: DIMENSIONS & MOUNTING DETAILS HLrHorizontal Louver HF=Horizontal Frosted VL=Vertical Louver 1 a 20=120v ---I (5) 1W LEDs I Face I Thermal WattageILamp Model No. I Plate Voltage Finish Protector I 120 Natural Cast Bronze To order fixture wilhout housing, add suffix "LH' (less housing) to complete log number. Example: WLB1005DHL120LH *Thermal protection is not required for LED. Note: LED. Included. Model No. Face Plate Voltage Thdrmal Protector I WLB10050 -- PROJECT NOTES I APP~OVAL 9 Note: Bronzelite reserves the right to modify the above details to reflect changes in the cost of &/or production &/or design without prior notice. BRONZELITE - GENLYTE GROUP.100 IS0 9001:2OOo Ftegimred WLBIW~LED-RW~ 100 Craftwav Littlestom. PA 17340 Phone: 800 273-1569 - Fax: 717 359-9545 www.brokelii.com DB5000 HID Inground I w lP66/68 Rating ghting - Building - Column performance are the hallmarks of all rade inground fixtures. Regardless xcellent lighting performance can be setback and spacings due to the e DB5000's TOUCH-AIMQD optical hightemperature composite lamping r molded spread lens with - simply twist to secue, no a potted factory sealed ballast with and receptacle, one part re-enterable uid tight wire nuts, provides for an low maintenance luminaire with a more conduit entry points and the main outer housing with integral grade- e of fiberglass reinforced polyester soda lime glass lens and natural metal lens enables the 085000 to withstand ad. Dual bns system results in lower Houslng: Compression molded. -lass reinforcsd polyester composite. Integral graddevel junction box with three 3N" conduit entries on the bottom, potted factory seal with waterproof receptacle between junaion box and housing. Pfwided with one part 16 enterable compwnd to seal jundion box and ai4icone filled wire nuts for HquM tight lidd wiring connections. External Lens: Heat-treated borosilicate glass for high impact resistance. Flat lens Incorporates a slight crown to .rdct in water runoff. Slip re- sistant lens has comc rings blasted Into the surface for added traction without harmlng the mechanical integrity of the lens. Sa cured with lens ring and tamper-msistant stainless steel features. External Lms Gasket High temperature slcone for durable seal in extreme conditions. Junction Box Cover: Incorporates wiring pigtaii ground connection. Available in matte finish brass or stainless steel to match lens ring. Lamp Module: High temperature composite (200'C) for maximum strength and durability. wlterproof ncaptade for connecting Ballast Module. Optical system Is protected by open cell silicone gasket and high temperature internal lens that keeps optics dean during installa- tion. TooHess CAM-LATCHN doswe for easy access relamping. Patented TOUCH-AIM gimbal rings enable aiming 15' from ver- tical with 360' rotation. Optional LOGAIMQ, locks aiming in place. Ballast Module: Accessories Cettlflcatlon: .I Bronzelite@ is a Phiiipt group brand Page45 I VO7-09 PHI LIPS DB5000 HID I Project: I I Fixture Q*: I V=Variabk Spot to Flood (E17. T6 Bi-pin) $=Spot (E17, E18, E23-112, T6, T15) F=M (E17, E18, E28. E23-1/2, PLT) HnH~bntd (E17, PLT) AaHorizonW Asymmobkd (T6 Bpin) B-Horizontrl Bisymmebicel (T’6 Bi-pin) C=PAR F (pAR38/R40, PAR 58) Fkod DOPAR WF (PARWR40, PAR 58) We Flood I &PAR s (pAR3M140, PAR 56) Spot AO= Aluminum Rdguard BO= Bronze Rockguard CG= Composita Rockguard AS= Aluminum Directional Shield 6s- BlI3nm Dhdmal shield N a Nono (standard Len8 Ring) HaM Honeycomb bR= h8 Rkrg. !%dtlhS SOd 3rdering Logic 35W Metal HW DB5035H 35W Metal Halide DB5035H 5oW Metal HaHde DBm 70W Metal Hal& DBs07OH 70W MI Halld~ DB507OH lOOWWHJ#e DB51OOH 150W W1 Hllidc D8515oH 150W Metal Hdids 08515oH 250W -1 Halide DB525OH 70W HPS DBbo7os 100W HPS DBSloOs 150W HPS DB515os 250W HPS DB525os HwrinoOnly D86Ho wob: Lun(,bhduckdvvlthtbbur. m5ubtndud.dw#ltlrctun 0 0 0 0 0 0 0 0 0 0 0 0 0 Dimensions Top Wow 14-1 373 100 Craftway LiWeMawn, PA 17340 800 273-1569 Fax 717 359-9545 www.bronzelie.com Page46 I VO7-09 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W H N Project Notes: Approval: I DESIGNEK S J I DESIGNER SF‘I;>ILI T I I *’ A r \ 'ih 5 I Highlighting building colunns M other building details an hauforn the architedwal vision to the mounting options and numerous aptical systans oltaed by the Designer Spdlight ereate abundant Columns . Flagpoles Legal regulations and patriotic sensibilities oRen dictate tun illumination of national flags after dusk. The Designer Spotlight will magnificently illuminate flags and banners. Statuary - Ill ** a i M O~U N T I N G ~ Mounting options for the Designer Floodlight are numerous, as one would expect kith a product with such wide application. Installation is straightforward for both original and retrofit construction. LA I" .I, :%. I The unique U (universll) option allows for mounting diredly lo a provided mt box recessed in comleof surkeemounted on walk, bets, pedestals, stc. The new stanchion option allows for mounting at heights d 2' to 12' above grpdeandlor~ in-unmeteplammmt spliiuemdein stanchion eliminating the need lor unsightly J-boxes in landscape. A A '1 r i I C 0 N S T R~ U C T I 0 All outdoor luminaires face the rigors of nature, but those that work at ground level must endure: secures bnpad-resistant Vandalism impacts from lawnmowrs, snowblowers and other maintenance equipment Intrusion of moisture and pollutants Insects Corrosion A Thoughtful design and construction ensure that Gardco Designer Spotlights will make a lasting contribution to the outdoor environment. A unique heavy-duly die cad kwddswill withstmi hard knotkf, abusive be;rlmsnt and years of routine Jervica Aiming can be set and murely IocM in S inuanents. Recessed allen-head bolts provide a ti@t. socure, tiunper-resistant closure. Memwy-retentive paskds completely reseal aRsr every service, rmdering the luminalre virtually impsrvious to intrusion by insects M rnoihrre. A A !, A The rugged one-piece die cast ‘aluminum housing was specifically engineered tothwartboththe delemined vandal and careless Pardenar. c Gardco Oesigner spotlightsfsature inbpl Mia&, eihinatlng the my challenpes and field issues wilh remote mounted ballasts. ORDERING PREflX MOUNTING LAMPDISTRIB. WATTAGE DSPS J U W &T StM S?S 5' Dlnalsr DSP7 7' Diamler - J U W ST s?M s?$ TSWSP PAR30 lAM?~lRlWTlON wids Spd Distribution - For use with lwasdti T9.5 5ow HPS lamp (supplied with Iwninaire). For use with PAR30 metal halide lamps. PAR30-INC For use with PAR30 incandescent - 75W maximum. E17m Wide Spot Distribution - For use with E-17 HID lamps. R40PAR38 For use with R40 or PAR38 metal halide lamps. R401PAR384NC For use with R40 or PAR38 incandescent lamps (300W maximum.) For use with compact fluorescent lamps. TFIF-W Wide Spot Distribution - BRP BLP NP WP BGP VP oc sc SPM Side Pole Mount Attrchas lo round li@ pok or round llag pds. SPS Side Pole Mwnt Sib pds MOL" for use with Surlaes Cmduil. El 7-WSP 50HPS 7oHPs lo0HPS 50MH 70MH 1 OOMH - 7OCMHE' 70MH VOLTAGE' FINISH OPTIONS -3 - +a?-- 120 BRP 277 BLP WP NP BGP VP oc sc 120 BRP 277 BLP WP NP BGP VP oc sc Prior to ordering, crmsuH submittal data on wmn.siteIighling.com I fa Ihe most ament information. F* CH cO(0redLens AB CB GR LG OR RD YL 'No( milabla with imdascsnt OPTIONS (NOtavailaMern incandescenl sources.) CH Cutoff Hood (Raplrces standard door/lcns holder. May be specified with colored lenses.) F Fusing COLORED LENS OPTIONS (Raplax Clw Lens, DSP'lonly. lDow mwimm) AB Light Blue CB Cobalt Blue GR Green LG Light Green OR Orange RD Red YL Yellow Consull laclwy Wore specifyh~ luminaires quipped with elechonie Metal Halide Ballasts with the colored lens oplion. s P E IC I F I CAT I o N s HOUSING: Single piece aluminum housing is die cast in a semi- ellipsoidal form. One piece "0' ring gasket mates with lens assembly. LENS ASSEMBLY Heat and impact resistant tempered clear convex glass lens is mechanically secured to die cast lens holder. Optional cutoff hood replaces standard lens assembly and provides additional shielding to lamp and lamp imago. STEM/KNUCKLE ASSEMBLY Rugged die cast aluminum stem and knuckle assembly provide 360' lateral and 90' vertical aiming capability and secure locking mechanism. OPTICAL SYSTEMS Reflector systems for E17, T9.5 and compact fluorescent lamps provide an assortment of distributions. R and PAR lamp distributions are lamp dependent. All optical systems offer sharp cutoff to aperture brightness at normal viewing angles. utilize magnetic ballasts are high power which is NPF only. All HID ballasts are starting to -20' F. Luminaires supplied with operate Ceramic Metal Halide lamps only. iwn base lampholders are glazed shell. Fluorescent lampholders are high brass alloy conlacls. All fluorescent that are high power factor and designed naire receives a fade and abrasion resistant lied, thermally wed, (TGIC) polyester powder coat finish. rating and bear UL or CUL (where D MA E N .S I c2 N S ,/ M 0 U-q T I N G 0 P T I 0 N S Unhml Mount J-Box Mount I Wall Mount Stanchion Mount - bide Pole Mount Hole Pattern 1/4-20 captive Rll 625' oimatsr U 1.375. If,. supply wire inside pole Fascia Plates Form 10 Round .- GARDCO 2661 Alvarado Street San Leandro, CA 94577 5101357-6900 in California wmn.sitelightino.com 800/227-0758 Fa: 5101357-3088 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 14,201 01 A RESOLUTION OF THE CITY COUNCIL F THE CITY OF PALM BEACH GARDENS, FLORIDA APPR THE 09.11.01 MEMORIAL PLAZA, LOCATED NORTHLAKE BOULEVARD ON THE FIRE STATION NO.' 3 PARCEL, AS MORE EFFECTIVE DATE; AND FOR OTHER PURP SES. PARTICULARLY DESCRIBED HEREI~ PROVIDING AN WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulationq, is authorized and empowered to consider petitions related to zoning and land developrhent orders; and WHEREAS, the City adopted Ordinance 37, 2009, authorizing the expenditure of art impact funds for the maintenance of City-owned public art; and WHEREAS, the City Council approved $60,000 of art impact funds to be used for a 101, 2009, to allow up to Beach Gardens 09.11.01 Memorial Plaza; and WHEREAS, the City-initiated a request for appqoval of the 09.1 1.01 Memorial Plaza, which will be located at Fire Station No. 3, 5161 Northlake Boulevard, as more particularly described herein; and WHEREAS, the Growth Management Departmeqt has reviewed the application, has determined that it is sufficient, and has recommenddd approval; and WHEREAS, the City Council has considered the evidence and testimony and the recommendations of presented by the Applicant and other interested the various City of Palm Beach Gardens reviewing ies and staff; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the resid$nts and citizens of the City of Palm Beach Gardens and the public at large. ' NOW, THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affihmed and ratified. Page 1 of 3 i Resolution 14, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. The City Council hereby authorizes p one-time allocation of $38,827 of the art impact fund for maintenance and preservation df publicly-owned works of art. SECTION 3. The application is hereby APPRO ED for the 09.1 1.01 Memorial Plaza at Fire Station No. 3, subject to the general provided by resolution for the real property described as follows: (See Exhibit “A” for Legal Descqiption.) SECTION 4. This petition is approved subject ’ to strict compliance with the Exhibits attached hereto and made a part hereof as follc$vs: 1. Site Plan, Sheet SP 1, prepared by Urbaq Design Kilday Studios, dated March 18,2010. 2. Photometric Plan, Sheet PH-1 , prepared by1 Mainstreet Engineering, dated March 30,2010. 3. Aerial Rendering, Image 1, prepared by Mbrk T. Fuller, dated March 16, 201 0. 4. Glass Panel Detail, Images 5 and 6, predared by Mark T. Fuller, dated March 16, 2010. SECTION 5. This approval shall be consistent wlth all representations made by the Applicant or the Applicant‘s agent at any workshop br public hearing. SECTION 6. This Resolution shall become effectiqe immediately upon adoption. (The remainder of this page intentiondlly left blank) Page 2 of 3 .-d 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1 Resolution 14, 2010 PASSED AND ADOPTED this day of i , 2010. CITY OF PALM @EACH GARDENS, FLORIDA BY: Dbvid Levy, Mayor ATTEST: BY 1 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney , - VOTE: MAYOR LEVY -- AYE NAY ABSENT 7 -- 1 -t-- VICE MAYOR PREMUROSO -- --- COUNCILMEMBER RUSSO - COUNCILMEMBER JABLIN -- --- COUNCILMEMBER BARNETT G:\attorney-share\RESOLUTlONS\201O\Resolution 14 201 0-91 1 rnernoriaLdoc Page 3 of 3 I Resolution 14, 2010 I EXHIBIT “A” LEGAL DESCRIPTION THAT PORTION OF SECTION 14, TOWNSHIP 42 SOPTH, RANGE 42 EAST IN THE CITY OF PALM BEACH GARDENS, PALM BEACH CClUNN, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 460.00 FEET OF THE NORTHEAST QUARTER OF THE SO THEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION WITH T I E WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH bI043’07” WEST ALONG SAID WEST LINE A DISTANCE OF 460.00 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 88O27’48” EAST AL NG SAID SOUTH LINE A DISTANCE OF 98.79 FEET TO THE WEST LINE OF 0 THE EAST HALF (OF THE SOUTHEAST ONE-QUARTER) OF THE SOUTHIEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 01O44’52” WEST ALONG SAID WEST LINE A DISTANCE OF 664.68 FEET TO THE SOUTH LINE OF SAID SECTldN; THENCE NORTH 88O30’27” WEST ALONG SAID SOUTH LINE A DISTANCE OF 331.55 FEET TO THE WEST LINE OF THE EAST QUARTER OF THE SOUT EAST QUARTER OF SAID SECTION; THENCE NORTH 01O46’37” EAST ALONG 4 AID WEST LINE A DISTANCE OF 1,124.94 FEET TO SAID NORTH LINE OF THE qOUTH 460.00 FEET OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUE NORTH 01O46’37” EAST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET; THENCE SOUTH 88O EAST A DISTANCE OF 231.87 FEET TO SAID WEST LINE OF THE EAST 43 OF SAID SECTION; THENCE SOUTH 01°43’07” WEST ALONG SAID OF 92.10 FEET TO THE POINT OF BEGINNING. n a 09.1 I .Ol Memorial Plaza I Palm Beach Gardens, Florida N 5-- IC--, I E’ m l/2” Safety glass w/ etched victim names Stainless steel frame THIS LAYOUT SHOWS 344 NAMES PER PANEL 86 NAMES PER COLUMN 45PT GOTHAM BOLD 2” MARGIN EIGHT PANELS REQUIRED I 50” 46” I i FRONT Image 5 MTFuller 16 Mar 2010 72” 24” END 96” TI..- 9/77 Memorial City of Palm Beach Gardens. Florida L. a Ll Q) mc Q 0 i ? 1 b E b im a K --- a -c 0 CITY OF PALM BEACH GARDENS CITYCOUNCIL Agenda Cover Memorandum Meeting Date: April 15, 2010 Resolution 15,201 0 SUBJECT/AGENDA ITEM Resolution 15, 201 0 Palm Beach Gardens Emergency Operations and Communications Center - Major Site Plan Amendment Consideration for Adoption: A City initiated request to approve an amendment to the Palm Beach Gardens Municipal Complex site plan, located on the east side of Military Trail approximately 0.4 miles south of PGA Boulevard. The proposed amendment includes a 10,800 square foot EOCC building to be constructed between the existing City Hall and Police Department buildings. [x] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by:n Development Compliance: AI%!- Bahareh K. Wolfs, AlCP Growth Manaaement Kara L. Irhin, AlCP Originating Dept.: Growth Management: Project Kate W ikon Planner I Planning Manager [XI Quasi -Judicial [ ] Legislative [XI Public Hearing Advertised: [ ]Required [XI Not Required / Affected Parties: [ ] Notified [XI Not Required FINANCE: Finance Admi * tr or: &-- Allan Owens Accountant: '6J Sarah Varga Fees Paid: [N/A] Budget Acct.#: N/A CC Action: [ ] Rec. Approval [ ] Rec. Approval with Conditions [ ] Rec. Denial [ ] Continued to: Attachments: *:* Location Map *:* Traffic Letter 0 Recreational Parking Analysis *'* Alternative Elevation 0 Resolution 15, 201 0 0 Reduced Plans Meeting Date: April 15,201 0 Resolution 15,201 0 Page 2 of 7 Project History The existing Palm Beach Gardens Municipal Complex was built in 2000, and consists of Fire Station No. 1 , the Police Department building, City Hall, and recreation fields. The subject petition is requesting approval of a 10,800 square foot EOCC to be located on the Palm Beach Gardens Municipal Complex site. The City of Palm Beach Gardens is currently without an EOCC, Public Safety dispatch center, or City computer server room constructed to withstand more than a Category 2 hurricane event. The new facility will be built to withstand Category 5 winds, allow for the continuation of leadership in the event of an emergency, and provide for on site coordination with other Northern Palm Beach County agencies. With the dispatch consolidation effort planned with two (2) other local municipalities, the proposed EOCC will address the deficiencies now existing in the north county area. The new facility will remain operational during all storm events as well as other hazardous events. The subject project will be funded from the Police Impact Fund, Fire Impact Fund, and General Fund. Proiect Timeline The contract for the development of design criteria was awarded by the City Council to Harvard Jolly, Inc. on January 15, 2009, via Resolution 3, 2009. The development application and preliminary plans were submitted to the Planning and Zoning Department on April 27,2009. A Development Review Committee (DRC) meeting was held on May 12,2009. The City opened a bid for the design/build of the EOCC on June 26, 2009. At the City Council meeting on December 17, 2009, the City Council awarded the designlbuild contract to James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company. A Notice to Proceed was issued on January 15, 201 0, with a Substantial Completion date of January 23, 201 1, and Final Completion on February 22,201 1. Revised development plans were submitted to the DRC committee for review on January 20,201 0. The PZAB recommended approval of the petition on March 2, 2010. Meeting Date: April 15, 2010 Resolution 15,2010 Page 3 of 7 LAND USE &ZONING The subject site has a zoning designation of Public or Institutional (PA), and a future land use designation of Public (P) and Recreational Open Space (ROS). Table 1. Surrounding Zoning & Land Use Designations Subiect Property Public (P)/ Recreational PBG EOCC Public or Institutional (PII) Open Space (ROS) North Union Square Residential High (RH) Residential High (RH) South Burns Road Community Center Public or Institutional (PA) Space (ROS) - East Research and light Industrial Clock Ofice Building (MI) Research and light Industrial (I) Burns Road Storage Industrial (MI) Industrial (I) West - Military Trail Trailed End Villas Residential Medium Clock Tower Residential Medium (RM) (RM) Professional Office Professional Professional Office (PO) (PO) Residential Medium Vision One Residential Medium (RM) (RM) Recrea t io na I Open CONCURRENCY The existing Municipal Complex received traffic concurrency approval from Palm Beach County on March 18, 1998. The subject petition does not propose an increase in the City’s current number of employees. Additionally, the EOCC building will operate at its highest potential during emergency situations, when normal business operations will not be occurring. The City’s traffic consultant has reviewed the subject petition, and has determined that the proposed project meets the Traffic Performance Standards of Palm Beach County and the City of Palm Beach Gardens (see attached Traffic Letter). Additionally, letters have been received from Seacoast Utility Authority and Waste Management, indicating that sufficient water, sewer, and solid waste capacity exists to service the addition. Meeting Date: April 15, 2010 Resolution 15,2010 Page 4 of 7 PROJECT DETAILS Site Details and Access The Palm Beach Gardens Municipal Complex is located on the east side of Military Trail approximately 0.4 miles south of PGA Boulevard. The subject site has existing vehicular access from Military Trail, Burns Road, and Johnson Dairy Road. The Municipal Complex encompasses approximately 54 acres of land, and consists of the Fire Department Station No. 1, Police Department, City Hall, and various recreation fields. Proposed Improvements The proposed amendment would allow a 10,800 square foot EOCC building to be constructed between the existing City Hall and Police Department buildings. The proposed EOCC will provide the City with a structure built to withstand Category 5 hurricane winds, where government operations will be able to continue uninterrupted in the event of a storm. The EOCC will function on a daily basis, as well as during emergency situations. On a daily basis, the building will include the City’s 91 I Dispatch center, Information Technology Department and Data Center, and government related training. In the event of an emergency, the EOCC building will provide a safe location to fulfill government and emergency response services, and will ensure continuity of the City’s essential services. Additionally, the EOCC will be well positioned to offer a secure location for local municipalities not equipped with adequate facilities to provide essential services to their residents. Architecture The proposed EOCC building is one (1) story, and the exterior elevations match the existing City Hall and Police Building in terms of color scheme, materials, and roof design. The proposed building has a variety of flat roof lines, except for a parapet type feature at the entrance, which will have a pitched, barrel tile design roof to match the existing buildings. The majority of the building’s roof lines vary between 16 and 22 feet in height. There is also a second parapet feature along the west elevation, which has a flat roof and is proposed at a height of 33 feet. The proposed building heights are within the allowable height of the P/I zoning district. Parkinq The City’s parking regulations require governmental uses to be parked at a ratio of one (1) space per 300 square feet. Including the proposed EOCC, there will be a total of 102,586 square feet of government use, which equates to 344 vehicular parking spaces. The EOCC building requires 36 parking spaces (10,800sf/300sf). Since public recreational fields are not specifically addressed in the City’s parking code, a parking analysis was done with the previous site plan approval that determined a need for 129 parking spaces for the eight (8) recreation fields (see attached Recreational Parking Analysis). Therefore, a total of 473 vehicular parking spaces are required for the Meeting Date: April 15, 2010 Resolution 15,201 0 Page 5 of 7 Municipal Complex; 753 spaces have been provided. It should be noted that all of the parking on site is existing, and no additional spaces are proposed with the subject site plan approval. Additionally, 92 of the 753 parking spaces are grass parking. Due to deterioration that has occurred over the years, all 92 grass spaces are proposed to be paved with this petition. In addition to vehicular parking, 20 bicycle spaces are proposed to accommodate the new square footage; only two (2) are required (36 spaces*5 percent). Five (5) of the proposed bicycle spaces will be located at City Hall, and 15 spaces will be located around the recreation fields (see attached EOCC Bike Rack Locations). It should be noted that, currently, there are no bicycle spaces located on the subject site. Sicrnaae Signage is proposed on the west and east elevations. The sign on the west elevation will be visible from Military Trail, and the second sign will only be visible from the plaza area in front between City Hall and the Police Station. Both signs consist only of the City’s shield; no lettering is proposed. The total sign area is approximately 43 square feet (see Sheet A601). The proposed signage has been reviewed and meets the City’s regulations. Landscapincr/Bufferinq A variety of plant material is proposed around the EOCC building, most of which is located on the west elevation along Military Trail. The proposed material consists of Coconut Palms, three (3) types of large shrubs, and two (2) types of ground cover. To accommodate the new building, five (5) existing Pine Trees will be removed; however, much of the existing landscaping on site will remain. An existing Live Oak specimen, which exists at the southwest corner of the proposed EOCC will be preserved. The proposed bollards that are located along the west elevation and a portion of the north will be concealed behind a Cocoplum hedge. Additional plant material is proposed in an area between the EOCC and the Police Department building. All of the landscaping modifications proposed for the EOCC comply with the City’s regulations. Phasing The proposed improvements will be completed in one (1) phase. The project is expected to break ground in late spring 2010, and be completed by mid-February 201 1. During the construction of the EOCC, the construction materials will be staged in the wooded area to the north of the proposed EOCC. A temporary construction entrance will be located on Johnson Dairy Road west of the existing vehicular access. The construction trailer will sit just west of this construction entrance. A portion of the existing police parking lot will be used as a temporary construction parking area. This area will be gated and secured during this time. The construction parking area will Meeting Date: April 15, 2010 Resolution 15, 2010 Page 6 of 7 result in a temporary loss of 35 vehicular parking spaces. Drainaae The existing Municipal Complex surface water management system provides flood protection, attenuation and water quality treatment for the site. The system consists of inlets, culverts and swales, dry detention area, and a wet detention area. The system outfalls to an existing drainage system along Burns Road, which ultimately outfalls to the SFWMD C-I 7 Canal via Thompson River. The existing surface water management system serving the Municipal Complex will be modified to provide flood protection, attenuation and water quality treatment for the EOCC, while maintaining the existing level of service for the remainder of the site. Legal positive outfall for the proposed EOCC will be facilitated by the previously permitted Municipal Complex water management system. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On May 12, 2009, the subject petition was reviewed by the DRC committee. To date, no objections have been received. Since then, staff worked with the applicant to address comments related to the project through the review process. PLANNING, ZONING, AND APPEALS BOARD (PZAB) The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on March 2, 2010, and voted 7 to 0 to recommend approval to the City Council of the site plan with the condition that the Applicant improve the proposed architectural elevations. The PZAB issued the following comments. Staffs response is italicized below. 1. The board would like to see further architectural enhancements incorporated into the proposed building that include but are not limited to: lines of delineation, three-dimensional relief, fake fenestration, and faux windows. The Applicant has prepared an elevation option, which will be presented at the City Council meeting. The cost of the elevation alternative will not exceed $75,000 (see attached Alternative Elevation). A budget amendment will be required allocating additional monies from the General Fund Reserves should the Council decide to implement the alternative elevation choice. 2. The board suggested that more plant material, specifically trees, be added along the west elevation, which faces Military Trail. The Applicant has modified the landscape plan changing the Sabal Palms to Meeting Date: April 15, 201 0 Resolution 15,2010 Page 7 of 7 Coconut Palms, since this species better tits into the existing plant material on site, and has included five (5) additional palms. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 15,201 0. LOCATION MAP Palm Beach Gardens Municipal Complex 10500 N Military Trail --- ITION ENGINEERS I LANNERS MCMAHON February 16,2010 Ms. Kathryn Wilson City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 McMAHON ASSOCIATES, INC. 5500 Village Boulevard I Suite 103 I West Palm Beach, FL 33407 www. mcmtranr .corn p 561 -840-8650 I f 561-840-8590 PRINclPAls JoKph W. McMdron, P.E. RodneyP. PLwrde, Ph.D., P.E. Joseph J. Desantts, P.E., PTOE John 5. Walma Willlam T. Steffens Assocum CaKy A. Moore. P.E. Gary R. McNaughton, P.E., PrOE Chrhtopher J. Williams, P.E. John F. Yaapsin, P.E. John J. Mitchdl, P.E. RE: City of Palm Beach Gardens Emergency Operations and Communications Center McMahon Project No. M09436.01 Dear Ms. Wilson: McMahon Associates, Inc. (Maahon) has prepared this traffic statement for the City of Palm Beach Gardens’ proposed Emergency Operations and Communications Center (EOCC). This EOCC will be constructed within the City of Palm Beach Gardens municipal complex located at 10500 N. Military Trail. A copy of the proposed site plan is included as Attachment 1 and shows the approximate location of the EOCC building. The building will be constructed on a vacant portion of the municipal complex between the City Hall and Police Department buildings. The expected buildout of the EOCC is 2011 and the Parcel Control Number for the subject area is 52-42-42-12-00-000-1160. This letter report includes trip generation tables showing the daily, AM, and PM peak hour trips. The number of net new peak hour trips generated by this project requires that this statement include a roadway significance analysis for all directly accessed roadways. Project Trip Generation The EOCC is expected to be occupied by the 911 dispatch and Information Technology personnel during non-emergency operations. No increase in city staff is expected as part of the EOCC. It will be utilized and staffed by current city employees. Palm Beach County requires that an EOCC be treated as an increase in government complex area and that the corresponding trip generation rates be applied for traffic impact purposes. The daily and peak hour trip generation is based on the trip generation rates published by Palm Beach County. The net new trips generated by the addition of the EOCC building requires a comparison of the proposed size of the municipal complex (102,586 square feet) and the existing 91,786 square feet of municipal complex. The daily trip generation and the AM and PM peak hour trips for the existing and proposed square footages of the municipal complex are provided in Attachment 2. The net new vehicle trips generated by the 10,800 square foot increase in building area include 670 daily, 12 peak hour and 12 PM peak hour vehicle trips. Ms. Kathryn Wilson - Palm Beach Gardens EOCC Traffic Statement February 16,2010 Page 2 Significant Impact Analysis The peak hour trip generation for this project requires the first accessed roadways to be analyzed for significance. All of the net new peak hour impact of 12 trips was applied to both directly accessed roadways in order to provide a conservative analysis. Table 1 below summarizes the results of the peak hour significance analysis and indicates that this project’s impacts upon either roadway will be less than one percent of their corresponding Level of Service &OS) capacities. Therefore, this project does not have a significant impact on the surrounding roadways and no further analysis is required. TABLE 1 PEAK HOUR TWO-WAY SIGNIFICANCE ANALYSIS PALM BEACH GARDENS EOCC peak Hour LOS D Conclusion The proposed 10,800 square foot addition to the Palm Beach Gardens Municipal Complex, for the City’s EOCC, is not expected to have a significant impact on North Military Trail or Burns Road. Therefore, this project can be approved for Palm Beach County Traffic Performance Standards and the City’s traffic LOS standards. Professional Engineer License No. 62400 State of Florida, Board of Professional Engineers Certificate of Authorization No. 4908 PK/h Attachments Attachment 1 - Site Plan Attachment 2 - Trip Generation Table F:\FL\09436M_City_of_P.lm_Beach_Gardens\O9436M-Ol-EOCC-S~tement\~~erS~tementeO2 16201 O.dw ATTACHMENT I I 7 I I I I I I t I I i i I I I I I 1 Y 2 0 v 8 Y 0 I 1 Ai 3:39 PM ADC. . 4-- Palm Beach Gardeao b~~dcipal Complex ADG Project No. 562-96/13 FAX NO. 645 5525 3. City Hall (with Police Depamnent) .................................................................. Fii Station... .................................................... ..... ............ .............................. Postal Kiosk (to be moved off site) ............. ........*.....................* ......... : ........... Rcacation ......................................................................................................... TOTAL .... n.... .. "a ........... ..- ".o .... enoe-"---a~.~..-..o~.--.-n.seo (Less) Postal CIIS~m~s .................................................. ;.,....:...........,.....,........ ACTUAL TOTAL .oe..o.o..rmrm.rrwm.oe~~a~n~n*o~.o"..oo*on~n.oo~".~~oo~ 0. NeH 1. $& Ha (Office Us) = 34553 stpk~ feet 2. P. a 131 spaccs 24 spaces (n) spaces 2maGB 397 spaces (27) spaces 370 spaces . Per Soutbern Building Code and City of Palm Beach Gardens Code: 1 car/300 q.&) 34353 square feet + 300 squan tLet(daytime) ............................................................... 115, cars Police &&partmen& (Sw Use) Patrol Vehiclas: ............................... n........................ 40 vshiclca Special -tion Vehicles: ....................................... .- Department Vehicks (secured 24 hours) total............ SO vehiclcs Private V~c ~~faff................................................. SO .- Total Vehicles (includes all shifW24 horn +) ........................................................ . ' .. 100 w '. 3. Fire De-(Spccial Use) &hour ShiA: 200 a.m. to .- 200 - ai. 10 tiaydme vehicbs + 9 cars during shift = 19 pin! ' (20-25 fuhue . 20 minimum) ............................ --.* :: ... " ........................................................ 2p_caor 4. Recreational Bali Fieldq 8 fields: 2 cans each @ 18 playtis/team = .............. 36 phydeld 8 fields x 36 playersifield = ........................................ 288 players . .Factors: . 4.1 Some players travel individually ..................... l/car A small number of players my trawl ............. 3/car (may have friendstParcnk/fans in cat) Some players travel doubleup ........................ 2/car 4.2 4.3 on to other Oce 4.4 Average players/car = 1 .s/car 288 playen (assuming all fields uJ'cd at night) + 1.3 (docs not include additidal passongcrs/attcndecs in vehicle) .............................. TOTAL ..... " ..................... .. ........... "...... ............... ......... .....".-................ 427 cars (ewimatcd average vehicle requirements/cvtning use of buildings and eight fieXUS) . P si hl ill 4 I a .I w ;d I a0 f i H1WiWLW ii 618 il !i c i 1 ---- -1 B a U h if It 'I i - -i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 15,2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE PALM BEACH GARDENS MUNICIPAL OPERATIONS AND COMMUNICATION CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. COMPLEX TO ALLOW A 10,800-SQUARE-FOOT EMERGENCY WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City-initiated request was received for approval of the Emergency Operations and Communication Center (EOCC), on the northeast corner of Military Trail and Burns Road, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its March 2, 2010, public hearing and recommended approval of the Major Site Plan Amendment; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens reviewing agencies and staff; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 15, 2010 SECTION 2. The application is hereby APPROVED for a Major Site Plan amendment to allow a 10,800-square-foot Emergency Operations and Communications Center, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by resolution for the real property described as follows: (See Exhibit “A for Legal Description.) SECTION 3. This approval is subject to the following conditions, which shall be the responsibility of and binding upon the Applicant, its successors, or assigns: 1. 2. 3. 4. 5. 6. 7. 0. Prior to the issuance of the infrastructure permit, the Applicant shall provide minimum five (5) foot wide sidewalks, including at all entrances to the building on the engineering plans. (Director of Engineering) Prior to the issuance of the infrastructure permit, the Applicant shall provide a signed and sealed photometric plan and submit a site lighting permit application. (Director of Engineering) Prior to the issuance of the infrastructure permit, the Applicant shall provide construction plans, including, but not limited to, paving, grading, and drainage plans along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (Director of Engineering) The Applicant shall provide a signed and sealed pavement marking and signage plan, or provide the same on the engineering plans; said plans must be reviewed and approved by the Director of Engineering prior to the issuance of the infrastructure permit. (Director of Engineering) Prior to the issuance of the infrastructure permit, the Applicant shall plat the site to include all existing and proposed easements and like encumbrances, in accordance with the LDR for City Council approval. (Director of Engineering, Planning & Zoning) Prior to the commencement of construction, the Applicant shall schedule a pre-construction meeting with City staff. (Director of Engineering) Prior to the commencement of construction, the Applicant shall provide all necessary construction zone signage and fencing as required by the Director of Engineering. (Director of Engineering) Prior to the issuance of the Certificate of Completion for the infrastructure permit, the Applicant shall provide copies of the required FDOT testings for review and approval. (Director of Engineering) 2 Resolution 15, 2010 1 The Applicant shall provide the Director of Engineering with copies of all 2 permits, permit applications, and Requests for Additional Information (RAl’s) 3 to and from regulatory agencies regarding issues on all permit applications, 4 certifications, and approvals. (Director of Engineering) 5 6 10. The construction, operation, and/or maintenance of any elements of the 7 subject project shall not have any negative impacts on the existing drainage 8 of surrounding areas. If at any time during the project development it is 9 determined by the City that any of the surrounding areas are experiencing 10 negative drainage impacts caused by the project, it shall be the Applicant‘s 11 responsibility to resolve said impacts in a period of time and a manner 12 acceptable to the City prior to additional construction activities. The City may 13 cease issuing building permits and/or Certificates of Occupancy until all 14 drainage concerns are resolved. (Director of Engineering) 15 16 11. The Applicant shall comply with all Federal Environmental Protection Agency 17 and State of Florida Department of Environmental Protection permit 18 requirements for construction activities. (Director of Engineering) 19 20 12. Prior to the issuance of the first building permit, the Applicant shall provide a 21 Life Safety Plan for review and approval. (Fire Department) 22 23 13. Prior to the issuance of a building permit, the Applicant shall schedule and 24 attend a pre-permit meeting with City staff. (Planning & Zoning) 25 26 14. Prior to the issuance of the Certificate of Occupancy, all new rooftop and 27 ground-mounted mechanical equipment shall be screened from view to the 28 satisfaction of Development Compliance. (Planning & Zoning) 29 30 15. All gutters and downspouts shall be painted to match the surface to which 31 they are attached. (Planning & Zoning) 32 33 34 35 36 Site Plan, Sheet A011, prepared by Schenkel Shultz Architecture, dated 37 March 18,2010. 38 39 2. Construction Staging Plan, Sheet A012, prepared by Schenkel Shultz 40 Architecture, dated March 16, 201 0. 41 42 Exterior Elevations, Sheet A601 , prepared by Schenkel Shultz Architecture, 43 dated March 16, 201 0. 44 45 Landscape Plan, Sheets LP 1, prepared by Schenkel Shultz Architecture, 46 dated March 16, 201 0. 9. SECTION 4. This petition is approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: 1. 3. 4. 3 a Resolution 15,2010 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 47 a 5. EOCC Bike Rack Locations, prepared by PBG-Growth Management, dated March 16,2010 SECTION 5. This approval shall be consistent with all representations made by the Applicant or the Applicant's agent at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 15. 2010 PASSED AND ADOPTED this day of , 2010. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT --- MAYOR LEVY VICE MAYOR PREMUROSO --- --- COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN --- COUNCILMEMBER BARNETT G:\attorney-share\RESOLUTlONS\201 O\Resolution 15 201 0 - eocc.doc 5 EXHIBIT “A” f \ 'I I1 I..--- * I I'IiiilI1 in^ I I 11 I 11 n 11 11 11 11 if (I I c I, c I, 'I \\ ~ \ 7-. i L- I mo r I 1 h ET I mo If 31 c1 11 I] d r +-I I i Q /' I r 1 1 I f 1 i t J' : 1 i ! 5 i Q- *I' : I -- -. " I , .+- I . LI 4."" I- "*. .. ;a ... r-- T I .A I, .- F 5 POSITION BIKE RACK I Created March 16,201 Source' PBGGrowlh Morn CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 15,2010 Ordinance 9,2010 SubjectlAgenda Item: Ordinance 9, 2010, Amending the Fiscal Year 2009/2010 Budget for Architectural Enhancements to the Emergency Operations and Communications Center [ X ] Recommendation to APPROVE 11 Recommendation to DENY Cit At ney Submitted by: Allan Owens A Department Director City Mander Originating Dept.: Finance Advertised: Paper: [ X ] Not Required Affected parties [ ] Notified y- [XI Not required Costs: $ 75,000 (Total) Note: Not to exceed amount $ 75.000 Current FY Funding Source: [ ]Operating [XI Other General Fund Reserves Budget Acct.#: From: 001.0900.519.9920 To: 302.1 000.521.6900 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 9, 201 0 Exhibit " 1 " [ ]None Meeting Date: April 15,2010 Ordinance 9,2010 BACKGROUND: Ordinance 9, 201 0 is contingent upon City Council’s decision regarding Resolution 15, 2010. This budget amendment provides for additional funding to add architectural enhancements to the City’s Emergency Operations and Communications Center project in an amount not to exceed $ 75,000. Such funds will be transferred from the General Fund to the Police Impact Fund. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 9, 2010 on first reading. 1 2 3 4 5 6 AN ORDINANCE OF 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 9,2010 THE CITY COUNCIL OF THE CITY OF PALM FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS, BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2009/2010 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2009/2010 Budget; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2009, through September 30, 201 0, inclusive. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. Ordinance 9, 201 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASS ED this day of , 2010, upon first reading. PASSED AND ADOPTED this day of , 2010, upon second and final reading. CITY OF PALM BEACH GARDENS BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR AGAINST ABSENT R. Max Lohman, City Attorney G:\attorney-share\ORDINANCESL!Ol O\Ordinance 9,2010 - budget amendment for enhancements to eocc.docx 2 City of Palm Beach Gardens Budget Amendment - Ordinance 9,2010 FYE 09/30/lO Exhibit "1" Increase (Decrease) Expenditures (Uses) 001.0900.519.9920 001.0900.519.9100 Revenues (Sources) I I Increase (Decrease) 302.1000.521.6900 75,000 Expenditures (Uses) Revenues (Sources) G:\finance-adrninistration\Budget Arnendrnents\FY 2009-201 O\ordinance 9 201 0 exhibit1 1 i 1 'I 63 - -- I It fr e I- L / , I I ,I r. .F -.. .- c 0 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council members DATE: March 25,2010 THRU: FROM: SUBJECT: Ronald M. Ferris, City Manager Allyson Black, Resource Manager k Lake Catherine Historical Art Project Backaround At the July 16, 2009, City Council meeting, the City Council requested that the Art in Public Places Board (AIPP) and Parks and Recreation Advisory Board (RAB) meet to discuss how to proceed with an artistic historical project at Lake Catherine with the possibility of a gazebo or pavilion. The AIPP and RAB met jointly on August IO, 2009, September 30,2009, and December 7,2009 to discuss the concepts and guidelines for the project. Public Workshop On March 15, 201 0, a joint meeting was held in which a public workshop occurred. The residents in the immediate area (Lake Catherine, Plat 1, Plat 3, and Plat 5) were notified of the meeting via letter. There were six (6) residents that came to discuss the project and voice their concerns. Residents expressed the following concerns regarding the proposed ‘Call to Artists’ and presentation by the joint boards: Lack of specificity of the existing guidelines for the ‘Call to Artists’ for the Lake Catherine Historical Art Project. There was a general concern that the public did not have enough details to comment on since there were no graphic representations of the proposed project. A potential conflict with the users of the path since the proposed location of the art is parallel to the path boundaries in the southwest corner of the site. A lack of parking for the park to support the demands of the proposed art project, since currently the park is designed mainly for local access and passive recreation. 0 Impacts on the adjacent development if there is not enough parking to support the demands of the proposed project. ?-= t F 0 A request that the project does not include seating or a structure that is completely covered from the elements, such as a gazebo or pavilion. Request for Art Impact Funds Per Section 2-107(3) of the City’s Code of Ordinances, the AlPP “makes recommendation to the city council for the expenditures of the art impact funds”. The Boards have currently drafted a call to artist (attached) and is requesting that an additional $150,000 of art impact funds be combined with the MacArthur grant of $45,000, for a project total of $1 95,000 (not including the cost for maintenance). Prior to the Call to Artist being advertised, it is necessary for the City Council to provide direction for this project to continue with the total project budget recommended. Once the Boards have made a recommendation on a finalist, the City Council will have final approval of the contract via Resolution. Proposed Proiect Timeline Should the City Council approve the allocated funds for this project, the following is a tentative schedule of the process: (This timeline is subject to change) May/June 2010 August 2010 Deadline for submissions September 201 0 Selection of finalists November 201 0 Presentation by finalists and Board’s recommendation to City Co u nci I December 201 O/ Council approval and contract with artist January 201 1 Call to artist released Attach men ts : Proposed ‘Call to Artists’ with exhibits Call to Artists - Lake Catherine Park History Art Project PROJECT SUMMARY Project: LAKE CATHERINE PARK HISTORY ART PROJECT - CALL Tb ARTIST Location: Budget: Lake Catherine Park- 9470 MacArthur Boulevard, Palm Beach Gardens, FL 33410 $45,000 grant from the MacArthur Foundation $150,000 from the Art Impact Fund Total Budget:$195,000 covers all costs associated with the plupl 11 1r;luuing artist fee, design, fabrication, lighting, construction, installation. and travel/transportation. CITY BACKGROUND Citv of Palm Beach Gardens. Florida The City of Palm Beach Gardens has a population of over 49,000 people and is located on the southeast coast of Florida; approximately 10 miles north of West Palm Beach, FL. The City was founded in 1959 and therefore, recently celebrated its 50th anniversary as an incorporated City. Lake Catherine Park Lake Catherine Park is located on MacArthur Boulevard east of Lake Catherine (named after the wife of the City’s founder, John D. MacArthur). The park is directly across from the Howell Watkins Middle School. This passive park is approximately five (5) acres and contains a large expanse of green grass and various flowering trees. The park’s amenities include a % mile walking trail, boat launch and on- street parking. The park has been home to the Palm Beach Gardens Women’s Club Honor Park since 2000. Annual Arbor Day celebrations are conducted in January, which include tree plantings. The park is also a preferred site for the popular Plant-A-Tree Program. These programs have precipitated the planting of a wide variety of flowering trees in the park. Art in Public Plac :es Ordinance The City’s “Art in Public Places” ordinance was established in 1988. This Ordinance requires that all non-residential developments over $1 -million in total development cost must either expend a percentage of the development cost to purchase public art for installation on-site or pay the same dollar amount into the City’s art fund. From the art fund, the Art in Public Places Board makes recommendations to the City Council regarding the purchase of works of art for installation on public property in and around the City. Art in Public Places Board and Parks and Recreation Advisory Board Both the Art in Public Places Advisory Board (AIPP) and Parks and Recreation Advisory Board (RAB) are comprised of City residents from a variety of professions, all with a strong interest and commitment to sewing in the best interest for the public, both in art and in parks. 1 DEADLINE FOR SUBMISSIONS: TBD (Postmark Date) City of Palm Beach Gardens is issuing an open “Call-to-Artists”. Artists are invited to submit qualifications for competing for a Historical Art Project and Commemorative Piece to honor John D. and Catherine T. MacArthur to be located in the City of Palm Beach Gardens, Florida at the Lake Catherine Park, 9470 MacArthur Boulevard. PROJECT SCOPE In order to commemorate the 50 years of history, the City of Palm Beach bardens is in search of an artist to design, fabricate, and install outdoor historical art piece(s), or aesthetic enhancement(s) to be placed as an entrancekignage to Lake Catherine Park on the southeast corner of the park (Exhibit 1) along MacArthur Boulevard as well as adjacent to the lake at the southern portion, located at 9470 MacArthur Boulevard, Palm Beach Gardens, Florida (Exhib The selected artist will design a work of art which can be viewed from several ditterent vantage points. The entryway/signage shall be eye-catching and connect to the historical art element adjacent to the lake. The exterior art and amenities project should be conceptually unique and shall serve to commemorate John D. and Catherine T. MacArthur and memorialize important events in history of the City of Palm Beach Gardens. The successful Artist will have demonstrated through the submission of proposal materials, the capability to successfullv comdete the project with an innovative approach to the exterior space as well as incorporating 1 of P h Gardens. the history of the Cib ’alm Beac :ach Garc .. .I . . the City and the Pal -. Exhibit 3 includes ideas and concepts from m Bf jens Historical Society for categories of history, however, it would be advantageous tor the artist(s) to research the history and include their own graphic interpretation within the art piece(s). Some of the City’s history can also be found at http://www.pbgfl.com/content/72/90/default.aspx, which is on the City’s website. The art piece(s) should be developed as a place-specific installation which responds to the characteristics of the designated space within the park, including, but not limited to, the history, physical environment and diversity of the people within the community. The project should have a clear benefit to and involvement of the community. The project should support artistic excellence, and be of high quality. In addition, it could also include a public outreach or education component. The project location is a passive park across from a middle school, the ideal concept would allow those to use the park as well as draw visitors to the park to learn about the history of the City. Exhibit 4 lists web links to audio files of actual meetings and discussions about the project. PROJECT DESIGN CONCEPT Artistic and Graphic Displav of the Citv’s History The art doesn’t have to have a relationship to the historical events to be depicted and displayed. The art can be used as an indentifying feature to draw attention to where something is happening along the existing path that will become the “history walk” display. The art shall be distinctive and provide an attentive draw into the park and the history walk when viewed from the street. It will serve as the “calling card” for the history walk. 2 The art shall not impede the existing use of the gravel walking path to a height of 12 feet tall. The art should attempt to define a horizontal and vertical space under which the history walk and displays will occur. Any art above the walking path may define an “implied covering” over the path to give a sense of protection and enclosure but should not provide a physical “roof covering” over the history walk area of the path. The “entry feature art” should be designed in context with the art to be installed along the history walk so that it provides an implied link from the entrance to the history walk without there being a physical connection between the two areas. The entry feature art should draw one from the entrance out near the street to the history walk area by the subconscious connection between the two art areas and without the need for directional signage. Provide for artistic, yet noticeable signage, on the entry ft City of Palm Beach Gardens.” th; ie Park - The history walk, consisting of graphic elements depicting the City’s history, shall be placed along the sides of the existing gravel path so that full-use of the path width is unimpeded. It will be acceptable to meander the historical displays out away from the path in a wSy that provides side paths to view the City’s history. Keep in mind that any “side paths” will need to be wide enough to accommodate a classroom of school children who might visit the Dark and history walk to learn about the City’s history. iemorate JI TL:- One mandatory requirement of the histor ohn D. and Catherine T. MacArthur whereas to describe their role III IUUIIUIIIY UI~: ~ty. ‘I 1115 Lullllllemoration should be the starting point along the history walk because the City did not exist before founding by MacArthur. ,omr The history walk art shall be passive and respectful of the Lake Catherine neighborhood that surrounds the park. BUDGET The total not-to-exceed budget for the commission is $1 95,000 ($45,000 from the MacArthur Foundation and $150,000 from the City’s Art Impact Fund). The budget includes artist fees, gallery commission (if applicable), all materials, fabrication, transportation, on-site project management, installation including any site modifications required, installation equipment, engineering fees, insurance fees, all artist travel costs to and from the site, per diem expenses, project documentation, plaques and/or signage, and a contingency to cover unexpected expenses and all fees, including permits, for all items associated with the art piece(s). ARTIST ELIGIBILITY Open to all Artists at least 18 years old. An artist, as defined in Section 78-261 of the City’s Land Development Regulations, means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person’s status as a professional artist include, but are not limited to, training in the arts, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, and receipt of honors and awards in the art field. Artists must be able to demonstrate through the 3 submission of proposal materials, a proven track record for having successfully integrated artwork andlor amenities into outdoor areas utilizing the materials necessary to meet the project goals and guidelines provided below. PROJECT GOALS The goal of the project is to commission artwork for Lake Catherine Park located at 9470 MacArthur Boulevard, Palm Beach Gardens, Florida that: (1) Commemorates John D. and Catherine T. MacArthur. (2) Art incorporates the documentation of history of Palm Bes (3) User-friendly - be accessible to everyone in the community includina children. (4) May incorporate some type of technology with no maintenance. (5) Unorthodox approach to a history monument in the City.- somet' (6) Take into account the environment and green initiatives. (7) Art of an original, site-specific design. (8) Provide the opportunity for area residents nd employees IO experience the history of the City of Palm Beach Gardens. (9) The art should be innovative and engagilly WUIK~ df public art that also function as public amenities and enhancements. (IO) Incorporate and depict important events/milestones of history for the City of Palm Beach Gardens both horizontally and v I 5, visitors a PROJECT GUIDELINES The artwork, amenities and enhancements (1) (2) (3) Include shade and seating areas Tor visiiors io see me arvnisrory. History to be viewed from off the pathway as well as along the pathway (uses on the site must not be negatively impacted). Be fabricated in materials that will withstand the heat, humidity, wind, drought and other environmental and climatic conditions common to the region as specified by regulatory codes. (4) Have an anticipated, 30 year life span. (5) Have minimal maintenance requirements. (6) Elements along the pathway but not impede those using the path while incorporating shade. (7) Should not be an impediment to users of the park. (8) Vertical spatial definition of proposed artwork. (9) The artwork amenities and enhancements shall comply with all Federal, State and local rules, regulations, ordinances, guidelines and/or directives. (10) Nothing can be hung over or attached to the Lake. (1 1) Not create blind spots where illicit activities may take place. (12) Not impede any pedestrian traffic. (13) Have a graffiti-resistant coating applied by the artist where applicable. PROJECT TIME-LINE: (approximate) Deadline for Submissions TBD Selection of Finalists TBD Presentations by Finalists TBD Board Recommendation to City Council TBD 4 City Council Approval and Contract with Artist TBD SUBMISSION REQUIREMENTS 1. One (1) original hardcopy and fifteen (15) compact disc copies in PDF format of the preliminary proposal submissions must be delivered by 2:OO p.m. E.S.T. on TBD. Submissions not delivered by the time and date specified will be returned to Artist unopened. Label the name of the single pdf files as: “artist name-lake-Catherine-(insert document title)” Please send proposal materials to: City of Palm Beach Gal City Clerk 10500 N. Military Tr: Palm Beach Gardens, FL 2. The artist must complete, sign and date the application attacneu. HppllcdllUrl snould be typed or handwritten in ink, in clear legible print. (Please make sure a copy is on all the discs) 3. Place hardcopy original application on top of other proposal materials. 4. Artists who submit incomplete proposals may be eliminated from the review process. 5. The City of Palm Beach Gardens will make every effort to protect proposal materials. However, the City shall not be held responsible for tl ubmitted. SUBMISSION CHECK LIST 2 1) Artist’s Statement of InteresVGenerai uesign Loncepu I neme rroposal (one-page maximum) - Describe your overall “theme” and style of artwork for this project. Include artist name, fees, for all service, drawings, and any additional services provided upon invoice. Please include any background information that highlights the artist’s qualifications and ability to complete this project in accordance with the espoused concept. Resume-a current artist’s resume; placing emphasis on art projects that most relate to this commission. Please include budget amount for all projects and indicate team member role, if project is design collaboration. 3) An Annotated Visual Image Identification Sheet- A typewritten visual image identification list that includes: title of work, medium, dimensions, date completed, project budget and a brief description of the artwork (if necessary). Please use large fonts since these will be referenced while viewing CD images; include artist’s name, address and telephone number on this sheet 4) Reference List-Name, address and telephone numbers of three references (do not ask anyone to send a letter of reference). 5) CD images-up to ten (IO) digital images. Images must be in jpeg file format not to exceed 1.8 megabyte. Images must be scanned at no less than 300 dpi and no greater than 600 dpi. The files should be named on the disc with name and corresponding number as listed on a separate visual image identification sheet. Discs not meeting these requirements will not be eligible for review. These images should be indicative of the type of work that would be appropriate for this project. SELECTION PROCESS An Artist Selection Panel comprised of three members of the Art in Public Places Board, three members of the Parks and Recreation Advisory Board, and at least one City Parks Division staff member, will review all submissions and will select approximately three finalists. Finalists will be invited to make presentations before a joint meeting of the Art in Public Places Board and the Parks and Recreation Advisory Board. Such presentations must include a detailed project budget. Honorariums of $1,000 per artistlartist team will be available to each finalist in order to offset the cost of their presentations as determined by each respective finalist. After finalist presentations the Art in Public Places Board and the Parks and Recreation Advisory Board shall make recommendation to the City Council regarding which artist or artists to commission for the project. Following approval by City Council a contract shall be neaotiated4between the City and the selected artist. City Council approval of the All applicants will be notified about the out an update on the status of the submission, 6 'r e-mail for EXHIBIT 1 a EIItW~SknaiKe Loa Ion ISE corne r of lake Cathetin e Park) EXHIBIT 2 Southern portion of Lake Catherine I I I EXHIBIT 3 . August 13,2009 To: Art in Public Places and Parks and Recreation Boards From: Don Kiselewski Chairman, Historical Society Palm Beach Gardens Historical Society 6231 PGABM , suite 106181 Re: History Walk at the Woman’s Club Honor Park First of all let me thank you for your efforts in bringing the history of our city into the open, publicly displaying it in an artful manner and making it available to all current and future residents of the city. We pledge our full support to your efforts. Palm Buch Ganienr, Fbridn, 33418 In reflecting on the discussions at your joint meeting, it became apparent to me that there is perhaps a better way to combine history with art forms. E3y setting up the individual viewing areas that would be embellished in some way by an art form and dividing these into blocks of time would not be as meaningful as establishing themes for each of these areas. In that way the artist/s would have different themes to incorporate in their work, as opposed to trying to capture time or one of the events that occurred during the period. May I suggest the following? Each of these items in the categories would be placed in chronological order, defining the locations where they occurred and the people that were responsible. e e e e The Birth of Our City People that shaped the City (Elected Officials - Developers, etc.) Religions of Our City Schools of Our City (private - public) Housing Developments of Our City (plats - gated communities) Commercial Developments of the City (shopping centers - malls) Athletic Programs in the City (Khory league - PBGYAA) Special events that occurred in’the City (Hetzel Pageant, World Cup, Ryder Cup, Citizens tournament, the one day house, etc.) The mission of the Palm Beach Gardens Historical Society is to collect, preserve and share the rich history of the City of Palm Beach Gardens Flotida, for the education and enjoyment of current and future generations. CityAwards 0 Volunteer Organizations of the City (Firemen - Woman’s club) 0 Notable people and athletes of the city These are a few suggested topics that could be considered. They likewise could be grouped as indicated with several complimentary themes joining them together at the same station. By developing the stations along the walk in this manner, specific items could be added, when appropriate, in the future, as opposed to building entirely new stations. The bottom line is that visitors that view the history of the city while experiencing the walk would have a continuous story of one of the themes idea and not have to carry thoughts from one site to the next. This is the same concept which is used in publishing mathematics books . . . each chapter completes a particular concept. May I suggest the following? Each of these items in the categories would be placed in chronological order, defining the locations where they occurred and the people that were responsible. The Birth of Our City 0 People that shaped the City (Elected Officials, managers, department head, etc.) 0 Industries and elements (PGA, Hospital, etc.) that shaped our city. Religions of Our City Schools of Our City (private - public) Parks and recreation 0 Housing Developments of Our City (plats - gated communities) 0 Commercial Developments of the City (shopping centers - malls) 0 Transportation elements. (Airport, 1-95, etc.) Athletic Programs in the City (Khory league - PBGYAA) 0 Special events that occurred in the City (Hetzel Pageant, World Cup, Ryder Cup, Citizens tournament, the one day house, TV programs, etc.) CityAwards Volunteer Organizations of the City (Firemen - Woman’s club) Service organizations. Notable residents and athletes of the city. Highlights of Palm Beach Gardens History March 20,1959 June 20,1959 April 26,1961 May 25,1961 January 30,1962 February, 1962 March 21,1962 April 19,1962 June, 1962 June 25,1962 December, 1962 Notice of intention to apply to State Legislature for creation of municipality by John D. MacArthur. Legislature establishes Charter for Palm Beach Gardens. Blessing of first banyan tree moved to Palm Beach Gardens. Minister who says blessing is asked to do it again for Miami television crew, and is given directions on how to pray by TV producer. Mr. MacArthur throws in first shovel of dirt to cover tree roots. RCA plant dedicated. Military Trail from Lake Park Road to Monet Road opens. All metal home built at corner of Riverside Drive and Lighthouse Drive - First one of its kind in the world, built by United States Steel Company. Symbolic key to City of Palm Beach Gardens is presented to screen star Zsa Zsa Gabor as she inspects City. Also in town is movie and television cowboy star, Dale Robertson. Another banyan planted beside first. Mr. MacArthur's spokesman predicts "marriage of trees". Parade of homes held in Palm Beach Gardens - 40,000 people attend. Mr. MacArthur predicts 100,000 residents for Palm Beach Gardens. Crooks Street residents petition Council to change their street name. Name changed to Arbor Way. Mr. MacArthur answers an eleventh-hour plea to save four more banyans in West Palm Beach. The trees were put together on one barge and floated up the lake. The trees were like giant sales catching the wind, making it difficult to maneuver the barge through three raised drawbridges. September 23,1963 March 16,1965 April 5,1965 August 23,1965 January 10,1966 March 15,1966 July 4,1966 December 4,1968 August, 1969 July 4 81 5,1976 January 6,1978 June 4,1982 February 5,1983 December, 1983 December, 1987 October, 1908 August, 1991 Volunteer Fire Department organized. First City election held. Elected as first City Councilmen: Ted Delacourt and Michael E. Jackson. Councilmen term officially begins. City Council tries to purchase six sea cows from Miami Seaquarium to clean canals. Later, deal falls through. Final reading of ordinance to annex land to be used for Baptist College. Palm Beach Atlantic College, now located in West Palm Beach, has yet to build on this site. City election held. Robert Diamond, George Bonner and James Hughes join previously elected Ted Delacourt and Michael Jackson to make up first fully-elected City Council. First Fourth of July City-sponsored celebration held. The Palm Beach Medical Center opens Palm Beach Gardens High School opens Ten years after the first July Fourth City picnic, Palm Beach Gardens is holding a bicentennial celebration for our Country's ZOOth birthday. John D. MacArthur, founder of the City of Palm Beach Gardens, passes away. Palm Beach Community College Eissey Campus opens Burns Road Community Center opens. The first Holiday Bazaar takes place at Burns Road Community Center The 1-95 connection at PGA is completed. The Gardens Mall opens as the first regional mall in the area William T. Dwyer High School Opens 1999 March 6,1999 October, 2000 June 20,2009 The MacArthur Foundation sells 5,000 acres of land. The City passes a forbearance agreement to limit the development of the land too quickly. Tennis Center grand opening Grand opening of new City Hall The City celebrates its 50th Anniversary EXHIBIT 4 August 10,2009 Joint AIPP/RAB meeting August 18,2009 AlPP meeting discussion September 15,2009 AlPP meeting discussion September 30,2009 Joint AIPP/RAB meeting October 20,2009 AlPP meeting discussion November 17,2009 AlPP meeting discussion December 7,2009 Joint AIPP/RAB meeting March 15,2010 Public Workshop CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 15, 2010 SubjectlAgenda Item: Outdoor Seating, Temporary Signage, and Special Events [ ] Recornmenda r 1 Recornmenda II Reviewed by: City Attorney Finance Administrator Growth Management Administrator A L City Manager :ion to APPROVE tion to DENY Originating - Dept.: Y Kara L. Irwin, AlCP Growth Management Administrator Advertised: Date: Paper: [ x ] Not Required Affected parties $-+Notified [X ] Not required Costs: $ NIA (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Section 78-751, Special events definition Section 78-187, Special Events Section 78-290, Temporary Signage 0 Section 78-1 91, Outdoor Seating 0 Business Community Proposed Code changes 0 Workshop sign-in sheets Meeting Date: April 15,2010 Page 2 of 9 BACKGROUND As requested by City Council, staff made efforts to get input from the Northern Palm Beach County Chamber of Commerce (Chamber) and the PGA Corridor Association (Association) concerning issues from both the business community and City residents regarding Temporary Signage, Outdoor Seating, and Special Events Code Regulations. City Staff met with the organizations on the following dates: On November 19, 2008, staff had their first meeting with the Chamber’s new President, Nicole Christenson, and representatives from the Association to discuss the issues. On January 13,2009, staff met with Steve Mathison, a representative of the Association to provide code sections and information for the Association to discuss at its next Board meeting. On February 9, 2009, staff had a follow-up meeting with members of the Association to discuss the issues and get initial input. On March 13, 2009, staff met with the Chamber’s Government Affairs Committee to give a presentation on the issues and request input from the members. On April 3, 2009, the Chamber’s Government Affairs Committee met to discuss the information in order to provide staff input. On May 20, 2009, staff met with the Association representatives to discuss proposed changes to the City’s Land Development Regulations regarding Special Events, Outdoor Seating, and Temporary Signage. To date, staff has received input from the Association, who coordinated with the Chamber’s Government Affairs Committee, to propose several changes to the City’s Land Development Regulations. Staff has provided those comments, as well as background information and recommendations. In addition, City Council requested that staff meet with residents regarding the existing code regulations and any specific issues. City staff held two (2) public workshops for citizen input on November 19, 2009 and December 3, 2009, with the following advertising: a a Public Announcement at the City Council meeting on November 5,2009 Public Announcement at the Planning, Zoning, and Appeals Board meeting on November 10,2009 Public Announcement at the Art in Public Places Board meeting on November 17, 2009 Posters were placed at Burns Road Recreation Center and City Hall Advertisement placed on the City’s website Advertisement placed on the City’s Facebook page and Twitter Advertised by Flyers at the Gardens Art reception Advertised by Flyers at the Green Market marketing table on November 14, 2009 Flyers were emailed (if possible) and mailed to the City’s neighborhood HOAs and POAs During the two meetings, a total of nine (9) residents attended to provide comments on the changes to the Code as proposed by the business community or general comments on the existing Code regulations. Meeting Date: April 15, 201 0 Page 3 of 9 PROPOSED CODE AMENDMENTS BY BUSINESS COMMUNITY In order to address the proposed changes by the City’s business community, as represented by the Northern Palm Beach County Chamber of Commerce (Chamber) and the PGA Corridor Association (Association), staff has separated the requests by the Code sections that regulate Special Events, Outdoor Seating, and Temporary Signage. SPECIAL EVENTS - CODE SECTION 78-1 87 Background During current economic conditions, many commercial property owners and management companies maintain that special events are one of the best ways to bring people to their developments, which increases patronage for their businesses. There have been many frustrations at the limitations on special events, as well as concern over the regulations of business activities that do not meet the definition of a special event. Specifically, the business community has expressed a frustration with the limit on the number of special events that are permitted per year, limitations on event signage, limitations on outdoor sales, and the prohibition of cars and boats for sale at events. During the process of discussing the issues, the business community limited their request for code changes to the definition of special events, the number of events and signage for special events not visible from adjacent rights-of-way. Proposed Amendments to Special Events from Business Community Discussions with the Association/Chamber generated the following comments: 0 Definition of “Special Event” -the Association/Chamber expressed a desire to redefine and clarify the definition of a special event and have specific criteria for defining a special event that requires a permit. The Association/Chamber is requesting to clarify that “special events” are events that require offsite parking or special traffic management due to the size of the event. The Association/Chamber also expressed the desire to provide a definition for “Routine commercial event,” which will not require a special event permit. The business community proposed the following amendment to Section 78-751 , the definition of “Special Event”: Special event means a temporary meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park, public orprivate area or building where the special event substantially or materially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located, and is not a normal business sale event or similar activity for commercial and/or office establishments. A special event shall include, but not be limited to, city sponsored and co-sponsored events, festivals, carnivals, concerts, parades, walks, races, $ mwq+ak8 and similar gatherings, and block parties.- . Events not reauirinq offsite parkinq or wecia1 traffic manaqement shall not be considered a sRecial event. The following shall not be considered a special event: indoor activity within an enclosed mall or office building. .. .. Routine Commercial Event means an ordinarv and customary event that occurs Reriodicallv throuah out the year in the normal course of business. A routine commercial event shall include, but not be Meeting Date: April 15, 201 0 Page 4 of 9 limited to, special sales and promotion events, qrand openinq events, and goinq-out-of-business events. These events shall not require offsite parking or special traffic manaqement. Any temporary banner or siqn related to a routine commercial event shall require a temporary sign permit. 0 Number of events - the business community is requesting to increase the maximum number of events per year that a commerciaVoffice plaza is permitted before requesting approval from City Council. The general consensus is that the events help generate business for tenants and are necessary to maintain the viability of a commercial development. The business community is proposing the following amendments to the number of events: plazas with less than 10 tenants - events not to exceed overall *A special event management plan will be required by an applicant for multiple events within one calendar year. 0 Event signaae- the business community recommended adding a separate provision for temporary banner signage for promotional occurrences that are not special events. Currently, many applications for special events are only applying to get banner signage, so the Association/Chamber is proposing to remove the banner language from the special event code and add it to the temporary signage code. The business community proposed to moderate banners through control of tenants by the property owners association. The business community is proposing the following code amendment to Section 78-1 87(b)(4): (4) Signage. Signs are permitted only if related to a special event. a. On-site signs: 7. Only one on-site sign per special event is permitted visible from a public riqht-of-way or abuffinq a residential zoning district unless waived by the growth management director for good cause and the public interest of the city. a. Additional on-site siqns, not visible from a public riqht-of-way or abuttinq a residential neighborhood zoninq district, shall be permitted subject to the approval bv the growth management director. Meeting Date: April 15,2010 Page 5 of 9 Vendors -Within the past year, staff has rejected requests for events that included vendors that intended to sell items as part of a special event other that food and drink vendors as accessory to the event. The business community requested clarification on whether or not vendors were prohibited as a part of a special event. A display of cars, boats, or recreational vehicles -Within the past year, staff has rejected applications to display cars or boats that are for sale during a special event. The business community requested clarification on whether or not displays of vehicles or watercrafts for sale are prohibited as a part of a special event. 0 Input from Residents During the public workshops on November 19, 2009 and December 3, 2009, a total of nine (9) residents attended to discuss the various code changes proposed by the business community. Out of the nine (9) residents, four (4) residents provided input on the proposed code amendments for special events. Generally, the comments included: 0 0 0 0 0 0 0 Special events were positive for the business community and therefore positive for the City’s If commercial is next to residential, do not permit special events. Provide separate special event codes for regulation of events in residential communities and Require stricter noise limitations on events adjacent to residential communities. No changes needed to number of events permitted. Special events for specific developments such as Borland Center and Christ Fellowship Do not approve of flashing reader boards for special events. economy. non-residential development should be regulated by development order. The comments from the public included discussion regarding subjects that were not about special events. Those comments were not included since they were off topic, but all questions were answered at the resident meetings. Staff Recommendation - Special Events City staff manages an application process for the issuance of a special event permit. The process includes the review of the request by many departments and divisions within the City, including, but not limited to Code Enforcement, Police, Parks and Recreation, Police, Fire Rescue, Building, and Development Compliance. City staff evaluates the impacts from the event and makes recommendations on requirements for management of the event. The impacts from a large event can be managed by such tactics as traffic control plans, access control, and additional security staff. Overall, the impacts from special events are managed on a case by case basis depending on the magnitude of the event. Initially, the business community requested that the City remove the restriction on the number of events in the Code. After discussion, the request was altered to increase the number of events per year. After consideration of staffs ability to manage the permitting of the events and in consideration of the current economic needs of the community, staff has recommended the following in regards to the number of events: Meeting Date: April 15, 2010 Page 6 of 9 xed Code Amendments to Number of Special Events ne- I ~~ I Current Code - 1 Proposed - Number I ! plazas with 11 or more tenants - events not to exceed overall *Anchor tenants will be amended to Plaza/Development Management **Anchor tenants as currently defined in the code, not to include management or developer The additional code amendments related to special events includes the following: 0 Event signage- Staff does not support providing provisions for banner signage within the temporary sign code and removing it from the special event code. The existing Code prohibits the use of banners for any purpose other than a special event. Staff does not agree with permitting banners for any purpose within the temporary sign code, since the current regulations require a higher standard for materials and stability for installation. Vendors - The current code prohibits outdoor sales for the tenants of a development, so it would be contrary to City Code to allow other vendors to sell goods or services outdoors at a special event. In the past, City Council has been very clear that the City did not desire to allow outdoor sales as part of a special event. The only exemption has been for food and beverage service that supports the event, if appropriate or is the purpose of the event, such as a food and wine festival. Staff does not support allowing outdoor sales as part of a special event. A display of cars, boats, or recreational vehicles -Within the past year, staff has rejected applications to display cars or boats that are for sale during a special event or a request to allow the sale of boats, RVs, or cars out of a development parking lot as a special event. Staff has been very firm that sponsorship of an event by a car dealership does not allow for the sale or the advertising for sale of automobiles, boats, or RVs. While display has been approved within a limited scope, sales advertisements are not permitted. Staff does not support permitting the sales of any type of motorized vehicle, boat, or RV during a special event. Definition of “Special Events” - Staff supports making changes to clarify the definition of Special Events, specifically to remove any ambiguity regarding what constitutes an event that requires a permit and what is permitted and prohibited during a special event. 0 Meeting Date: April 15, 2010 Page 7 of 9 TEMPORARY SIGNAGE - CODE SECTION 78-290 Background The Code permits leasinghent temporary signage for any building that has vacant space, so technically a temporary sign can be up for an indefinite period of time, which is contrary to the nature of “temporary signage”. The Association/Chamber is requesting that the Code be amended to include a limitation on the duration, as well as uniform design standards for the signage that permits individual managementhealtor logos or design. Proposed Amendments to Temporary Signage from Business Community Discussions with the AssociationlChamber generated the following comments: 0 Leasing signs -The Association/Chamber expressed a division over the proliferation of leasing signage, but majority requested that the proposed change required a uniform design and quality standard that would be limited in duration by a permit. Duration of temporary signage - the Association/Chamber expressed a concern that duration of the temporary sign needed to be standardized with a termination date. Banners - clarify language and possibly have a separate section for banners outside of special events criteria. Sign locations -spoke about allowing commercial projects to add a leasing agent and number to already existing monument sign in the base area of the sign in lieu of the temporary leasinglrent signage. 0 0 Input from Residents During the public workshop on November 19, 2009 and December 3, 2010, a total of nine (9) residents attended to discuss the various code changes proposed by the business community. Out of the nine (9) residents, six (6) provided input on the proposed code amendments for temporary signage. Generally, the comments included: 0 The residents preferred the proposal by the business community to require uniformity and specific design guidelines for the leasingkales signage. > Residents made a recommendation to go with natural colors like dark green. The residents generally agreed that signs are up too long and at a minimum should be replaced yearly. Other than one (1) resident, there was no support for allowing the leasing agent to advertise on the existing monument signs. It was the general consensus that the signs would be too busy with messages. There was a general consensus that temporary signs were acceptable if not visible from the public right-of-way. There was no support for allowing banners to be used as by-right temporary signage. Finally, there was a request for clarification regarding the regulations of political signage > Requested a area in the City be designated for political signs; and P Specific regulations on how signs are to be installed. 0 0 0 Overall, the participants in the residential workshops favored code amendments to require uniformity and design guidelines, as well as time limitations on permits for temporary signs for leasinghental of commercial space. There was no support for the other proposals recommended by the business community. Meeting Date: April 15, 2010 Page 8 of 9 Staff Recommendation - Temporaw Signs 0 0 Leasing signs - staff recommends amending the code to provide language for uniformity and design guidelines to help mitigate the impacts from the leasing signs. Duration of temporaw signage - staff recommends requiring a yearly permit for all temporary signs. Currently, there is no requirement to renew the signage and the City has had complaints regarding the maintenance of the temporary signs. In order to renew a permit, a new sign would be required thereby keeping the signage standards up. Banners - staff does not support allowing banners as temporary signage unless associated with a special event. This limits the use of banners within the City. Sign locations - staff supports adding a provision for permanent leasing information for development projects in lieu of the allowing the temporary leasing signs, which are unsightly in their abundance along major roadways within the City. Political signs - political signage was not a part of the code amendments requested by the business community, so no changes have been proposed based on this request. OUTDOOR SEATING - CODE SECTION 78-191 Bac kg rou nd Outdoor seating was originally adopted in 1995. Until that time there had been no provisions for allowing outdoor seating for restaurants. The original code has not changed since that time. During the past years, the demand for outdoor seating has drastically increased due to smoking regulations and an increased demand and developments have either used the existing code or been approved through the planned development process. The business community has expressed concerns regarding the screening requirements and the hours of operation being too restrictive. Proposed Amendments to Outdoor Seating from Business Community Discussions with the Association/Chamber generated the following comments: Screening - The Association/Chamber is proposing an amendment to the fencing or screening required for outdoor seating areas. .. (5) 3 ' . Delineation, fencing and or screening. Outdoor seatin leened as a means to visually separate such use fro: adiacent public passageway. sidewalk or street. The use of planter boxes, fencing and or changes is pavement materials shall be encouraqed. Fencing and or continuous planter boxes, not to exceed 34 feet, shall be utilized in hiqh traffic areas. such as public sidewalks, and when necessary to facilitate public safety as determined by the qrowth management director. Casual seating without service- A criteria based on percentage for smaller places that want to add a few tables for outside seating without service should not require a permit, as long as the seating meets accessibility regulations. Hours of operation - business community would like it changed on Sunday- Thursday from 10:30 p.m. to midnight and on Friday-Saturdayfrom 11:OO p.m. to 1:00 a.m. Meeting Date: April 15, 2010 Page 9 of 9 Input from Residents During the public workshop on November 19, 2009 and December 3, 2010, a total of nine (9) residents attended to discuss the various code changes proposed by the business community. Out of the nine (9) residents that attended, three (3) residents provided input on the proposed code amendments for outdoor seating. Generally, the comments included: 0 Hours of operation should be limited to 1O:OO p.m. all day of the week and on weekends. Outdoor seating is acceptable, but should be regulated to include more safety precautions, such as bollards adjacent to roadways or access ways and minimum distances from drive aisles. Tiered approvals are acceptable for non-service seating for such uses as ice cream stores. Handicap parking should not be blocked by outdoor seating. No animals should be permitted in outdoor seating areas. Do not approve of the outdoor bar areas. Single-family communities should not be affected by the noise. Do not want to see outdoor seating on PGA Boulevard. Staff Recommendation - Outdoor Seating The “performance code” was spoken of by the business community as a way to regulate some of the issues associated with outdoor seating, as well as special events. While that is the way many municipalities regulate impacts on residential communities, staff recommends updating the performance codes to include regulations that are more easily enforced. Screening - staff recommends making amendments to the code to account for the different areas that provide outdoor seating. Due to the diversity of situations, there are changes that can be made since in many cases the “one size fits all” regulations are problematic. Casual seatina without service - staff recommends limiting casual seating to four tables maximum. Hours of operation - staff does not support removing the limitations on hours for outdoor seating during the weekdays, but can support it during the weekends in conjunctions with changes to update the “performance codes”. CONCLUSION Staff is requesting direction from City Council on whether or not to move forward with the requested amendments to the City Codes. Existing Code Sections e LAND DEVELOPMENT 78-187 industrial zoning districts or industrial portions of a PUD or PCD. The use of barbed wire in areas zoned PDA is prohibited, unless permitted agricultural use is made of a site or sites. Fence height exemptions. Fences located within the city's athletic facilities are exempt from the fence height limitations of this section. g. (9) Corner visibility. On a corner lot, fences, walls, hedges, structures, or plantings, or other obstructions to vision shall not be placed between the heights of 2V2 feet and eight feet above the crown of the road within the triangular area formed by the intersecting street centerlines and a straight line joining the street lines at points which are 25 feet distant from the point of the intersection. (10) Buffer areas required where commercial or industrial use abuts residential use. a. Required buffers. Whenever a commercial or industrial use abuts an existing or future residential use, as shown in the comprehensive plan of the city, the buffers described below shall be installed. 1. A landscaped buffer with a minimum width of 15 feet shall be provided on the commercial or industrial use site adjacent to the abutting residential property line. The buffer shall create a completely opaque visual barrier which may consist of a fence or wall with a maximum height of eight feet, constructed of solid, manmade materials and shall be located at a minimum distance of five feet from the property line. Alternatively, a berm with sufficient landscaping to create a minimum combined height of eight feet adjacent to the abutting property line or at a sufficient distance from the property line to allow maintenance of such buffer. 2. b. Approval. The use of either a fence, wall, or berm as a visual barrier shall be approved by the growth management director. Exceptions. If the commercial or industrial property line is a part of or abuts a public access easement or road right-of-way, a ten-foot buffer shall be required. An eight foot fence, wall, or berm with landscaping shall not be required unless the city council determines that such a fence or berm is necessary as a visual barrier for the protection of the adjacent residential area. Other limitations. Buffer areas required by this section shall be in addition to any required building setback areas and shall not be used for parking or any other vehicular use. (Ord. No. 17-2000,O 99,7-20-00; Ord. No. 17-2004,s 5,6-3-04; Ord. No. 25-2004,s 2,8-19-04) c. d. Sec. 78-187. Special events. (a) Pennit required for special event. No person, fm, group, corporation or institution shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce, participation in a special event, as defined in section 78-751, unless a special event frl\ i. J Supp. No. 16 CD78:179 Q 78-187 PALM BEACH GARDENS CODE u permit has first been obtained from the city as provided herein. No person, firm, group, or corporation shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Any person, firm, group, corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the special events planner as designated by the growth management director on forms provided by the city. Unless waived by the growth management director for good cause and for the public interest of the city, a complete application for a special event permit shall be filed on or before the following deadlines prior to the event to allow sufficient time for the review process: Expected attendance Minimum advance time required to file Less than, or equal to, 1,000 persons 1,001 to 5,000 persons 5,001 to 50,000 persons More than 50,000 persons one month two months four months six months The applicant shall provide all information solicited on the special event permit application form, unless waived by the special events planner, upon finding that such information is not necessary. (b) Permit requirements (3) (4) Authority. Notarized evidence the property owner/managing agent authorizes the use o the site for the special event reflected on the special event permit application. Site plan. A detailed site plan for the event, including but not limited to, property boundaries; road access; location of trash receptacles, sanitary facilities, tents or other structures; location of rides if applicable; location of parking, location of temporary dwellings, offices, and equipment; and proposed setbacks of activities, fences, tents, booths, etc. from adjacent properties. Statement of use. A detailed statement of use, including but not limited to sponsor(s), vendords), band(s) and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on-site, security, utilities, and use of generators. Signage. Signs are permitted only if related to a special event. a. On-site signa: 1. Only one on-site sign per special event is permitted unless waived by the growth management director for good cause and the public interest of the city. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, 2. !t. w Supp. No. 16 CD78:180 LAND DEVELOPMENT 5 78-187 type, copy area, graphics, and color, including the dates of installation and removal of the sign for with the event in accordance with section 78-290: Temporary signs. Banner signs and flags proposed within the signage plan may be approved per the discretion of the special events planner. No signs shall be permitted in the safe site visibility triangles as described in section 78-315(i): Visibility triangles. 3. b. Off-site signs: 1. Any off-site sign(s) including street banners, pole banners, flags, directional signs related to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on a site plan the location, copy area, graphics, size, Supp. No. 16 CD78:lSO.l 0 LAND DEVELOPMENT p 78-187 type, and colors of the sign(s) for the event. Such plan shall be submitted with the special event permit, and approved by the growth management director. Off-site signs shall not be permitted on private property. Off-site signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency, Off-site signs may be displayed no more than 14 calendar days before the scheduled event and must be removed within two calendar days after the conclusion of the event. The growth management director may waive such time limitation to allow the applicant to erect off-site signs prior to 14 calendar days to the scheduled event for good cause and the public interest of the city, No off-site signs shall be permitted in the safe site visibility triangles as described in section 78-315Cj); Visibility triangles. Off-site signs related to a regional event outside the municipal boundaries of the city shall be permitted at the discretion of the growth management director subject to the review and approval of an off-site sign plan illustrat- ing the number, copy area, location, and graphics of all signs proposed. All signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency, 2. 3. 4. 5. (6) Food service. If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit if applicable, Florida State health certificates, and a list of the type of food service proposed. (6) Alcohol. Applicants may provide alcoholic beverages in accordance with chapter 6 of the city code: Alcoholic beverages, provided that a copy of the permit issued from the Florida Department of Beverages and Tobacco is attached to the special event permit application. (7) Insurance. The operator of an event shall provide evidence of insurance acceptable to the city in an amount of at least $1,000,000.00, and shall provide the city with a certificate of insurance showing the city as additional insured. Events with an expected attendance over 10,000 people shall submit a certificate of insurance evidencing coverage of at least $2,000,000.00, with the city named as an additional insured. Proof of additional insurance may be required by the city. Insurance shall not be cancelled or re-issued without a 20-day written notice to the city. Bond. A refundable security bond, or similar financial pledge acceptable to the city, will be required, at the discretion of the special events planner, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the renioval of my signs or banners within two calendar days of the event. (8) Stipp, No. 14 CD78:lSl 0 78-187 PALM BEACH GARDENS CODE (9) Indemnification. The applicant shall submit an indemnification agreement, as ap- proved by the risk manager and the city attorney, including any and all such claims, suits, actions, damages, or causes of action arising as a result of the special event, or of the condition of the premises on which the special event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorneys' fees, expenses and liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. (10) Other materials. Other materials and documentation as may be required by the growth management director. (c) Review: At the discretion of the special events planner, special events permits may be reviewed by the Development Review Committee (DRC) in accordance with section 78-46(dl): Application procedures. All city-sponsored events shall be reviewed by the community services administrator, except for those events that are two (2) consecutive days in length, and/or have an expected attendance of 500 people or more, in which case, shall be subject to a special event permit review. General standards: Location. Special events may occur only on properties possessing the following non-residential zoning district designations: CN, CG-1, CG-2, CR, PA, M-1, M-lA, M-2, PCD, PDA, PO, and MXD. In residential zoning districts, or residential portions of PUDs, PCDs, or MXDs, special events may occur on public or private schools, churches and houses of worship, public parks, and public or private property. Duration. A special event shall not exceed seven consecutive days. The growth management director may authorize one administrative time extension of up to three days for good cause and for the public interest of the city. Any event more than ten days in length must be submitted to the city council for approval. Pumpkin sales and Christmas tree sales shall not exceed 30 days, Number per year. a. b. C. No more than three special events every calendar year shall be held by any applicant at one location, unless otherwise approved by the city council following a recommendation by the growth management director. No events shall occur consecutively, except for those with city council approval, and if approved shall require a separate permit and fee for each event. Tenants located in commercialloffice plazas, are permitted three special events per tenant each calendar year; however, this number of permitted special events shall exclusively apply to each tenant, and cannot be transferred to another tenant or party. 511iqi. No. 14 CD78:182 e; LAND DEVELOPMENT 8 78-187 0 d. Sub-tenants within commercidoffice plazas are not permitted any special events. e. CommerciaVoffice plazas with ten tenants or less shall be limited to a maximum of five events per calendar year. Commercidoffice plazas with 11 tenants or more are permitted ten special events per calendar year. Anchor tenants are each permitted three events per calendar year exclusive of the limitation in subsection e. above. f. g. No more than two special events at any given time may occur simultaneously at any commercialloffice plaza. Special event applications will be reviewed and approved by the city on a first-come, first-serve basis. City-sponsored and city co-sponsored event8 are hereby exempt from the limita- tion on the number of events per year. h. Access. With the exception of block parties, all efforts shall be made to provide vehicular access from a collector or arterial roadway. Tkafic control. Use of city police or acceptable alternative to direct and control traffic may be required. Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the growth management director. Compliance. If a violation occurs at an event permitted by the city, the growth management director may deny permits to the operator for future temporary events for a period of no more than 18 months. (e) Denial of special event permit. A special event permit shall be denied under the following conditions: (1) The application is not complete in all material respects accurate within the knowledge of the special events planner. The special events planner may allow for any additional materials to be submitted within seven days of notification by the special events planner. All of the conditions set forth in section 78-187 and all contractual requirements imposed by the city, if any, have not been met. (2) (3) The special event will interfere with or unduly burden municipal services including but not limited to police, fire, and emergency medical protection, water and sanitary sewer service and solid waste removal. (4) (5) The public benefit has not been demonstrated. The permit fee has not been paid. L.. Supp. No. 14 CD78:182.1 9 78-187 PALM BEACH GARDENS CODE (f) Coditions for granting a special event permit. All special event permit applications approved pursuant to this article shall be subject to the following conditions: (1) The public areas utilized shall be cleaned within two calendar days up following any special event, and in all respects restored to its former condition. (2) All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in such section or waived by the growth management director for good cause and the public interest of the city. (3) The special event permit may be revoked by the city if any conditions listed in (f) arise anytime after the issuance of the permit and prior to or during the special event. (g) Exemption of public right-of-way closures. Any special event or block party that is temporarily blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a special event or block party is hereby exempt from section 62-2 of the city code of ordinances; however, such permit application shall be subject to review in accordance with section 78-187(d). Closure of any public right-of-way not within the city's jurisdiction shall require approval from the appropriate authority. A "block party" is defined in section 78-761; a majority of residents must consent to closure, and the event must be sponsored solely by such residents and not be for any commercial or for-profit purpose. (h) Special event contract and city service fees. The city may require, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the permit holder as a condition of the special event. By such contract, the city shall require that the applicant pay to the city the municipal costa in providing services in support of the special event. The city may require that the applicant pay to the city a user fee for the use of public property, (i) Police services. The police department shall review the permit application and assess the need for police services. If police services are required, the applicant will be informed of such and will take the responsibility for contacting the police department directly. The applicant is responsible for the cost of these services. The police chief or hisher designee is the final authority on the need for police service, including the number of officers required and the hours assigned. (i) Fire rescue services /emergency medical services. The fire rescue department shall review the permit application and assess the need for fire rescue services and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibility for contacting the fire rescue department directly. The applicant is responsible for the cost of such services. The fire chief or hisiher designee is the final authority on the need for fire rescue and/or emergency medical services. (k) Cornrnuriity services. The community services department shall review the permit and assess the need for community services. If services of the department are required, the npplicant will be informed of such, and will take the responsibility for contacting the SIIIIII. No. 14 CD78:182.2 LAND DEVELOPMENT Q 78-188 community services department directly. The applicant is responsible for the cost of such services. The public works manager or hidher designee is the final authority on the need for public works services. (1) Appeal of permit application. The applicant may appeal, by written request, the denial of a special event permit to the city manager's office or designee within ten days of the growth management director's decision. The written request shall specifically state what portion of the denial is being appealed. The city manager's ofice shall have 30 days to make a decision and to notify the applicant. The city shall reserve the right to charge a non-refundable filing fee to offset all, or a portion of, the costs involved in handling the appeal, (m) Enforcement. Any violations of any provision of this article shall be enforced by the code enforcement special master consistent with section 78-74Ub) of the Municipal Code. (Ord. No. 17-2000, 0 100, 7-20-00; Ord. No. 49-2002, P 2, 1-16-03) Sec. 78-188. Garage, yard, and rummage sales. (a) Purpose. Garage, yard, and rummage sales are intended, as provided herein, to be infrequent events that do not detract from the residential character or other predominate characteristics of the area in which the events are held. The purpose of such events is to allow for the sale of used goods by families and organizations which normally do not sell such goods on a regular basis or as a business. (b) Permitted locations. Garage, yard, or rummage sales may be located within any of the following locations: any residential zoning district, any residential development, any public or private school, or any place of worship. (c) Approval and fees. (1) Special event approval. An owner, tenant, operator, or authorized agent of a residential dwelling, school, or place of worship must obtain special event approval from the growth management department prior to conducting a garage, yard, or rummage sale. If a permit for such event is not obtained, the city may require the event to be closed or may institute code enforcement action pursuant to article VII. (2) Fees. The city shall not charge a special event fee for a garage, yard, or rummage sale. (d) Limitations. (1) Consecutive days. A garage, yard, or rummage sale shall not be permitted for more than three consecutive calendar days. Number. A garage, yard, or rummage sale shall not be conducted more than three times during any calendar year at the same address or general location. At least 120 calendar days must elapse between each garage, yard, or rummage sale conducted at the same location. (2) x. Siipp. No. I4 CD78:182.3 (I 78-188 PALM BEACH GARDENS CODE (e) Signs. Signs for an event of this nature shall be limited as provided below. (1) Location. One sign may be located along the street frontage of the address or location where the event ia held. One sign may be located at the intersection closest to the location of the event. (2) Size. Signs shall not exceed four square feet in size. (3) Installation. Signs may be installed one day prior to the event. All signs must be removed on the last day of the event. (f) Parking and vehicular circulation. Tables and display areas for garage, yard, or rummage sales shall not block access to parking spaces or vehicle circulation aisles for any multifamily residential development, school, or place of worship. This requirement may be waived by the growth management department. (Ord. No. 17-2000, 5 101, 7-20-00) Sec. 78-189. Fill material. Fill material utilized on a building site, lot, or parcel shall be clean material, approved by the city engineer. Use of construction debris as fill material is prohibited. (Ord. No. 17-2000, 5 102, 7-20-00) Sec. 78-190. Brick pavere. approval by the city engineer. (Ord. No. 17-2000, 5 103, 7-20-00) Sec. 78-191. Outdoor seating. (a) Applicability. Outdoor seating shall be permitted as an accessory u~e to a restaurant, business, or institution serving food or beverages in an enclosed area, subject to the standards listed below. (1) Access. The outdoor seating area is adjacent to, and has direct access through, a doorway to that portion of the business or institution which is enclosed. Brick pavers may be use for sidewalks, open spaces, and vehicle use areas, subject to CD78:182.4 LANDDEVELOPMENT 9 78-191 Location. The outdoor seating is located directly adjacent to the restaurant or food senrice establishment and is owned or leased for this purpose. General circulation. The outdoor seating can be accommodated without impeding the access of the general public to one or more of the following: a. b. c. the enclosed portion of the restaurant or food service establishment; any other use located within the same building or structure; or any common elements shared by the restaurant or food senrice establishment and any other users of the same building or structure. Safety. Outdoor seating shall comply with all building, fire, and safety code require- ments. Parking. Parking for areas utilized for outdoor seating shall be calculated and provided as required in division 8 of article V. Outdoor seating shall not be established if required parking cannot be provided onsite or if a nonconformity is created. Benches. Businesses, institutions, or uses that do not serve food or beverages, excluding vending machines, may be approved for outdoor bench seating. (b) Review. Outdoor seating may be included as an element of an overall application for development order approval, or as an amendment to an existing development order. In addition to any other requirements contained herein, each application for approval of outdoor seating shall include the information listed below. Afiected properties. A list of the names and addresses of all occupants of the building for which the outdoor seating is proposed, and a list of each tenant and property owner within 500 feet of the property for which the seating is proposed. Notice. An affidavit which certifies a notice was mailed to each affected property, as defined in this section, which states an application for outdoor seating has been made to the city. The affidavit shall be provided in a form acceptable to the city attorney. Site plan. A site plan, at a scale acceptable to the city, which indicates the following: a. b. c. The building for which the outdoor seating is proposed, The location of the restaurant or food service establishment; The proposed location of the outdoor seating, including any fencing, screening or materials to separate the seating area; and The location of any sidewalks or other pedestrian walkways or passageways adjacent to or affected by the proposed outdoor seating; and the location of all existing or additional parking to be provided for the seating. d. Consent. A copy of the written consent of the individual, corporation, or other entity that owns the property upon which the outdoor seating will be located. Supp. No. 10 CD78:183 Q 78-191 PALM BEACH GARDENS CODE I (5) Indemnification. The applicant shall provide, in a form acceptable to the city attorney, indemnification of the city for any liability for personal injury and property damage due to the approval or existence of the outdoor seating. (6) Renderings. Photographs, renderings, elevations, samples, and other materials as may be required by the city which illustrate the following: the style and color or all furnishings and menu boards, and the color, style, and materials fencing, screening, or otherwise separating the outdoor seating. I (c) Minimum stundurds. Outdoor seating shall, at a minimum, comply with the standard listed below. Walkways. Outdoor seating shall be arranged, when in use, in a manner that provides a pedestrian walkway of not less than six feet in width adjacent to each table. Multiple tenants. Outdoor seating located on a pedestrian walkway which provides access to more than one occupant of a building shall provide an unobstructed passageway of at least six feet in width. The unobstructed passageway shall be located adjacent to, but not through, the outdoor seating area. Location. Outdoor seating shall be located only along the frontage of the affected restaurant or food service establishment, and shall not be located in front of or adjacent to any other user or tenant. Prohibited location. Outdoor seating shall not be located within any area designated for parking. Fencing or screening. Unless located within an inner court, outdoor seating shall provide fencing or screening as a means to physically and visually separate such use from any adjacent public passageway or walkway. Fencing and screening shall be at least three feet in height, and may include planter boxes or other dividers. Fencing and screening shall not be provided through the use of tables, chairs, or other seating. Compatibility. Outdoor seating, including fencing and screening materials, shall be compatible in color and style with the exterior of the building. Signs, lettering, or advertising, excluding permitted menu board, shall not be attached to outdoor seating. Small labels may be permanently attached to the furnishing to identify ownership for security purposes. Storage. Outdoor seating and furnishings shall be stored in a secure manner when not in use. Hours of operation. Excluding outdoor seating located in inner courtyards, outdoor seating service shall comply with the hours of operation noted below. a. Sunday through Thursday. All sales and service of food and beverages are prohibited between the hours of 10:30 p.m. and 7:OO a.m. Friday through Saturday. All sales and service of food and beverages are prohibited between the hours of 11:OO p.m. and 7:OO a.m. b. (Ord. No. 17-2000, § 104, 7-20-00) Supp. No. 10 CD78:184 LAND DEVELOPMENT Q 78-290 Sec. 78288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall sign program. The sign program shall indicate location, size, type, landscaping, and illumination of proposed signs. (Ord. No. 17-2000, 9 139, 7-20-00) Sec. 78-289. Exempt signs. The signs listed below are permitted signs, and are exempt from the requirements of this division. (1) Mailboxes. Roadside mailboxes. (2) Residential identification signs. Residential building identification, displaying the name or property occupant or street address, provided such sign is less than four square feet. (3) "NO soliciting" signs. Signs prohibiting peddlers or solicitors, indicating security such as burglar alarms, or "beware of bad animal" signs. Signs of this nature shall be located at the entrance of the building or residence, or adjacent to fenced areas. (4) Traffic control. Traffic control, directional, and information signs placed in public rights-of-way by federal, state, county, city, and other public agencies. (5) Interior signs. Signs located within a building, and not visible from a public right-of- way. (6) Courtyard signs. Signs located on the exterior elevation of an interior courtyard, provided such signs are not visible from a public right-of-way, parking lot, or abutting residential zoning district. (7) Vehicle advertising. Motor vehicles with business names, business addresses, tele- phone numbers, contractor certification numbers, logos, and similar information painted or embossed on vehicle surfaces, when otherwise permitted or required by law. Parking of such vehicles shall be limited as provided below. a. Motor vehicles including but not limited to trucks, vans, and automobiles with business signage shall not be parked in off-street parking areas for the purpose of advertising a business or service. b. Such vehicles shall be parked in off-street parking areas in the rear or side yards so as not to be directly visible from any public street right-of-way. (Ord. No. 17-2000, Q 140, 7-20-00) Sec. 78-290. Temporary signs allowed. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. Supp. No. 10 CD78:237 Q 78-290 PALM BEACH GARDENS CODE (b) Approval. Temporary signs shall be approved by the building division. Signs not approved by the building division are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below. (1) (2) Illumination. Temporary signs shall not be illuminated. Setbacks. Temporary signs shall be setback at least 15 feet from the greater of following: a. The nearest property line; b. The edge of pavement; or c. The edge of sidewalk or other walkway. Maximum height. A temporary sign shall not be higher than five feet above the crown of the road adjacent to the sign. Permitted sign types. Only pole or sandwich-board-type signage shall be used for temporary signs. Prohibited sign types. Balloons, bunting, banners, streamers, portable signs, flags, billboards, and similar signs are not permitted. A business activity may install not more than two "grand opening" or special event banners in lieu of other types of permitted temporary signs. (3) (4) (5) Political Free Speech Si5 *Residential - 6 square feet *Nonresidential - 32 square feet *Residential - 6 square feet *Nonresidential - as permitted by sign regulations Table 25: Temporary Signs Residential - 1 sign per candidate or issue per residential dwelling 1 si5 per nonresidential parcel or I... one %gm may not be placed on public Nonresidential - none 0 days before *Nonresidential - :F&*iay not be in public rimary, general, 5 days after r runoff election election r referendum. rights-of-way. *Signs may not obstruct vision at corners. intersections. etc. *Applicable to federal, state, county, I and local elections. *1 si5 per residential dwelling or lot 1 sign per nonresidential parcel or lot *Sign may be installed in lieu of any permitted nonresidential sigh *Signs may not be placed on public property. *Signs may not be placed in public rightaof-way. .signs may not obstruct vision at corners, intersections, etc. lone None Supp. No. 10 CD78:238 c LANDDEVELOPMENT 5 78-290 Notes Maximum Earlieat Fino1 S&t Itwtalhtioh Removul Sale of Land, Building, or Por- r t,ion of Buildine. When property 5 days after offered for sale closing 16 closes offered for sale or development or- lder - lcloses days after sale Sale: Portion of Building 16 I I I issued 1 I When building offered or devel- opment order rented or leased issued 6 days after 16 Rent or Lease: Building When 6 days after 100 offered or devel- Opment Order rented or leased issued percent (100%) Rent or Lease: Portion of Build- 16 ing ,Rooming house signs excluded. men development or- der application filed with citv On receipt of first certificate of OCCUPmCY Development Sign 32 On receipt of final wcuDnncv Project Supplied 32 certificate of trade8 Issuance of build- ing permit Grand Opening Project Opening/ New Businesses 7 days before event opening or event 10 days after 32 I I 7 days before event owning 10 days after 32 OutpnrceY Phase Sale Not for Special Event/ sale for Profit 'Not for profiffnonprofit organiza- tion only 7 days before saldevent event 1 day after de./ 16 7 days before event event 30 days before registration registration 1 day after sale/ 30 days after 16 32 *Must comply with council-ap proved administrative policy. I SchooliDay Card Nursery Gnrnge Snle Outside Sales/ Sites Without I311ildings Snecial Event Di- ~~ 12 1 Day before sale Day of sale 16 Day before sale 1 day after sale 1 sign for the sale Must comply with council-approved iidniinistrative policy. ~ ~~~ 4 Day before event 1 dny nRer event Must comply with council-approved iidniinistrative policy. (rection Signage On receipt. of fiiin certific:itc of OCCll p:i ncy Issumce of land clearing, land al- illy permit 16 terntion, or build- Coristruction Eritrance (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. Si1pp. No. 14 CD78:239 3 5 78-290 PALM BEACH GARDENS CODE (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right-of way is allowed one temporary signs as permitted in Table 25. (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deteri- oration shall not be used for any sign that is to be displayed for more than 30 consecutive days. (Ord. No. 17-2000, fi 141, 7-20-00) Sec, 78-291. Nomcommercia1 messages. Notwithstanding anything in this article to the contrary, any sign erected pursuant t the provisions of this article may, at the option of the applicant, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises pursuant to the following regulations: (1) The non-commercial message may occupy the entire sign face or portion thereof. (2) The sign face may be changed from commercial to non-commercial messages as frequently as desired by the owner of the sign, provided that the following is true: a. The size and design criteria conform to the applicable portions of this article; b. The sign is allowed by this article; c. The sign conforms to the requirements of the applicable zoning designation; and d. The appropriate permits are obtained. (3) For the purpose of this sign code, non-commercial messages shall never be deemed off-premises signs. (Ord. No. 52-2002, 5 2, 1-16-03) Secs. 78-292-78-300. Reserved. SIIIJ~. No. 14 CD78:240 Business Community Proposed Code Amendments as of 5120109 Special event means a temporary meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park, public or private I area or building where the special event substantially or materially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located, and is not a normal business sale event or similar activity for commercial and/or office establishments. A special event shall include, but not be limited to, city sponsored and co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fl {and similar gatherings, and block partiesl-ga& management shall not be considered a special event. The following shall not be considered a special event: indoor activity within an enclosed mall or office buildinq. Routine Commercial Event means an ordinary and customary event that occurs periodically through out the year in the normal course of business. A routine commercial event shall include, but not be limited to, special sales and promotion events, grand opening events, and going-out-of-business events. These events shall not require offsite parking or special traffic management. Any temporary banner or sign related to a routine commercial event shall require a temporary sign permit. .. .. n nr einehns. Events not requiring offsite parking or special traffic Sec. 78-1 87. Special events. (a) Permit required for special event. No person, firm, group, corporation or institution shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce, participation in a special event, as defined in section 78-751, unless a special event permit has first been obtained from the city as provided herein. No person, firm, group, or corporation shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Any person, firm, group, corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the special events planner as designated by the growth management director on forms provided by the city. Unless waived by the growth management director for good cause and for the public interest of the city, a complete application for a special event permit shall be filed on or before the following deadlines prior to the event to allow sufficient time for the review process: TABLE INSET: I Expected attendance I Minimum advance time required to file I I Less than, or equal to, 1,000 persons I onemonth I I 1,001 to 5,000 persons 1 two months I I 5,001 to 50,000 persons I four months I I More than 50,000 persons I sixmonths I The applicant shall provide all information solicited on the special event permit application form, unless waived by the special events planner, upon finding that such information is not necessary. (b) Permit requirements (1) Aufhorify. Notarized evidence the property ownedmanaging agent authorizes the use o the site for the special event reflected on the special event permit application. (2) Site plan. A detailed site plan for the event, including but not limited to, property boundaries; road access; location of trash receptacles, sanitary facilities, tents or other structures; location of rides if applicable; location of parking; location of temporary dwellings, offices, and equipment; and proposed setbacks of activities, fences, tents, booths, etc. from adjacent properties. (3) Statement of use. A detailed statement of use, including but not limited to sponsor(s), vendors(s), band(s) and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on-site, security, utilities, and use of generators. (4) Signage. Signs are permitted only if related to a special event. a. On-site signs: 1. Only one on-site sign per special event is permitted visible from a public right-of-wav or abutting a residential zoning district unless waived by the growth management director for good cause and the public interest of the city. a. Additional on-site signs. not visible from a public right-of-wav or abutting a residential neiqhborhood zoning district. shall be permitted subiect to the approval by the growth manaqement director. 2. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for with the event in accordance with section 78-290: Temporary signs. 3. Banner signs and flags proposed within the signage plan may be approved per the discretion of the special events planner. No signs shall be permitted in the safe site visibility triangles as described in section 78-31 5(i): Visibility triangles. b. Off-site signs: 1. Any off-site sign(s) including street banners, pole banners, flags, directional signs related to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on a site plan the location, copy area, graphics, size, type, and colors of the sign(s) for the event. Such plan shall be submitted with the special event permit, and approved by the growth management director. 2. Off-site signs shall not be permitted on private property. Off-site signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. 3. Off-site signs may be displayed no more than 14 calendar days before the scheduled event and must be removed within two calendar days after the conclusion of the event. The growth management director may waive such time limitation to allow the applicant to erect off-site signs prior to 14 calendar days to the scheduled event for good cause and the public interest of the city. 4. No off-site signs shall be permitted in the safe site visibility triangles as described in section 78-31 5(j); Visibility triangles. 5. Off-site signs related to a regional event outside the municipal boundaries of the city shall be permitted at the discretion of the growth management director subject to the review and approval of an off-site sign plan illustrating the number, copy area, location, and graphics of all signs proposed. All signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. (5) food service. If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit if applicable, Florida State health certificates, and a list of the type of food service proposed. (6) Alcohol. Applicants may provide alcoholic beverages in accordance with chapter 6 of the city code: Alcoholic beverages, provided that a copy of the permit issued from the Florida Department of Beverages and Tobacco is attached to the special event permit application. (7) Insurance. The operator of an event shall provide evidence of insurance acceptable to the city in an amount of at least $1,000,000.00, and shall provide the city with a certificate of insurance showing the city as additional insured. Events with an expected attendance over 10,000 people shall submit a certificate of insurance evidencing coverage of at least $2,000,000.00, with the city named as an additional insured. Proof of additional insurance may be required by the city. Insurance shall not be cancelled or re-issued without a 20-day written notice to the city. (8) Bond. A refundable security bond, or similar financial pledge acceptable to the city, will be required, at the discretion of the special events planner, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners within two calendar days of the event. (9) Indemnification. The applicant shall submit an indemnification agreement, as approved by the risk manager and the city attorney, including any and all such claims, suits, actions, damages, or causes of action arising as a result of the special event, or of the condition of the premises on which the special event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorneys' fees, expenses and liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. (IO) Other materials. Other materials and documentation as may be required by the growth management director. (c) Review: (1) At the discretion of the special events planner, special events permits may be reviewed by the Development Review Committee (DRC) in accordance with section 78-46(dI): Application procedures. (2) All city-sponsored events shall be reviewed by the community services administrator, except for those events that are two (2) consecutive days in length, andlor have an expected attendance of 500 people or more, in which case, shall be subject to a special event permit review. (d) General standards: (1) Location. Special events may occur only on properties possessing the following non- residential zoning district designations: CN, CG-1, CG-2, CR, PA, M-I, M-IA, M-2, PCD, PDA, PO, and MXD. In residential zoning districts, or residential portions of PUDs, PCDs, or MXDs, special events may occur on public or private schools, churches and houses of worship, public parks, and public or private property. (2) Duration. A special event shall not exceed seven consecutive days. The growth management director may authorize one administrative time extension of up to three days for good cause and for the public interest of the city. Any event more than ten days in length must be submitted to the city council for approval. Pumpkin sales and Christmas tree sales shall not exceed 30 days. (3) Number per year. I a. No more than tkFee-einht special events every calendar year shall be held by any applicant at one location, unless otherwise approved by the city council following a recommendation by the growth management director. b. No events shall occur consecutively, except for those with city council approval, and if approved shall require a separate permit and fee for each event. 1 c. Tenants located in commerciaVoffice plazas, are permitted tbee-sspecial events per tenant each calendar year; however, this number of permitted special events shall exclusively apply to each tenant, and cannot be transferred to another tenant or party. d. Sub-tenants within commercial/office plazas are not permitted any special events. e. Commercial/office plazas with ten tenants or less shall be limited to a maximum of iive-einht events per calendar year. CommerciaVoffice plazas with 11 tenants or more are permitted fxs twelve special events per calendar year. f. Anchor tenants are each permitted #we-&events per calendar year exclusive of the limitation in subsection e. above. g. No more than two special events at any given time may occur simultaneously at any commerciaVoffice plaza. Special event applications will be reviewed and approved by the city on a first-come, first-serve basis. h. City-sponsored and city co-sponsored events are hereby exempt from the limitation on the number of events per year. i. A special event manaqement plan may be Drovided bv an applicant for multiple events within one calendar year but should not exceed the maximum number of events permitted in subsections a, c. e, and f above. The plan will require City Council approval as a miscellaneous petition application. The plan shall address all requirements and criteria of this section for each individual event. All items listed under (b) Permit recruirements of this section shall be provided for each individual event within the application for a special event management plan. (4) Access. With the exception of block parties, all efforts shall be made to provide vehicular access from a collector or arterial roadway. (5) Traffic control. Use of city police or acceptable alternative to direct and control traffic may be required. (6) Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the growth management director. (7) Compliance. If a violation occurs at an event permitted by the city, the growth management director may deny permits to the operator for future temporary events for a period of no more than 18 months. (e) Denial of special event permit. A special event permit shall be denied under the following conditions: (1) The application is not complete in all material respects accurate within the knowledge of the special events planner. The special events planner may allow for any additional materials to be submitted within seven days of notification by the special events planner. (2) All of the conditions set forth in section 78-187 and all contractual requirements imposed by the city, if any, have not been met. (3) The special event will interfere with or unduly burden municipal services including but not limited to police, fire, and emergency medical protection, water and sanitary sewer service and solid waste removal. (4) The public benefit has not been demonstrated. (5) The permit fee has not been paid. (f) Conditions for granting a special event permit. All special event permit applications approved pursuant to this article shall be subject to the following conditions: (1) The public areas utilized shall be cleaned within two calendar days up following any special event, and in all respects restored to its former condition. (2) All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in such section or waived by the growth management director for good cause and the public interest of the city. (3) The special event permit may be revoked by the city if any conditions listed in (9 arise anytime after the issuance of the permit and prior to or during the special event. (9) Exemption of public right-of-way closures. Any special event or block party that is temporarily blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a special event or block party is hereby exempt from section 62-2 of the city code of ordinances; however, such permit application shall be subject to review in accordance with section 78-187(d). Closure of any public right-of-way not within the city's jurisdiction shall require approval from the appropriate authority. A "block party" is defined in section 78-751; a majority of residents must consent to closure, and the event must be sponsored solely by such residents and not be for any commercial or for-profit purpose. (h) Special event contract and city service fees. The city may require, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the permit holder as a condition of the special event. By such contract, the city shall require that the applicant pay to the city the municipal costs in providing services in support of the special event. The city may require that the applicant pay to the city a user fee for the use of public property. (i) Police services. The police department shall review the permit application and assess the need for police services. If police services are required, the applicant will be informed of such and will take the responsibility for contacting the police department directly. The applicant is responsible for the cost of these services. The police chief or hidher designee is the final authority on the need for police service, including the number of officers required and the hours assigned. (j) Fire rescue servicedemergency medical services. The fire rescue department shall review the permit application and assess the need for fire rescue services and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibility for contacting the fire rescue department directly. The applicant is responsible for the cost of such services. The fire chief or hidher designee is the final authority on the need for fire rescue and/or emergency medical services. (k) Community services. The community services department shall review the permit and assess the need for community services. If services of the department are required, the applicant will be informed of such, and will take the responsibility for contacting the community services department directly. The applicant is responsible for the cost of such services. The public works manager or hislher designee is the final authority on the need for public works services. (I) Appeal of permit application. The applicant may appeal, by written request, the denial of a special event permit to the city manager's office or designee within ten days of the growth management director's decision. The written request shall specifically state what portion of the denial is being appealed. The city manager's office shall have 30 days to make a decision and to notify the applicant. The city shall reserve the right to charge a non-refundable filing fee to offset all, or a portion of, the costs involved in handling the appeal. (m) Enforcement. Any violations of any provision of this article shall be enforced by the code enforcement special master consistent with section 78-741 (b) of the Municipal Code. (Ord. No. 17-2000, 5 100, 7-20-00; Ord. No. 49-2002, § 2, 1-1 6-03) Sec. 78-191. Outdoor seating. (a) App/icabi/ify. Outdoor seating shall be permitted as an accessory use to a restaurant, business, or institution serving food or beverages in awewkeddelineated area, subject to the standards listed below. Outdoor seating in excess of 10% of the gross floor area of the Drincipal restaurant shall be subject to applicable traffic concurrency requirements. (1) Access. The outdoor seating area is adjacent to, and has direct access through, a doorway to that portion of the business or institution which is enclosed. (2) Location. The outdoor seating is located directly adjacent to the restaurant or food service (3) General circulation. The outdoor seating can be accommodated without impeding the access of the general public to one or more of the following: a. the enclosed portion of the restaurant or food service establishment; b. any other use located within the same building or structure; or c. any common elements shared by the restaurant or food service establishment and any other users of the same building or structure. (4) Safety. Outdoor seating shall comply with all building, fire, and safety code requirements. (5) Parking. Parking for areas utilized for outdoor seating shall be calculated and provided as required in division 8 of article V. Outdoor seating shall not be established if required parking cannot be provided onsite or if a nonconformity is created. (6) BwtdwsCasual Seating. Businesses, institutions, or uses that do not serve food or beverages, excluding vending machines, may be approved for outdoor &wd+seating. (b) Review. Outdoor seating may be included as an element of an overall application for development order approval, or as an amendment to an existing development order. In addition to any other requirements contained herein, each application for approval of outdoor seating shall include the information listed below. (1) Affected properties. A list of the names and addresses of all occupants of the building for which the outdoor seating is proposed, and a list of each tenant and property owner within 500 feet of the property for which the seating is proposed. (2) Notice. An affidavit which certifies a notice was mailed to each affected property, as defined in this section, which states an application for outdoor seating has been made to the city. The affidavit shall be provided in a form acceptable to the city attorney. (3) Site plan. A site plan, at a scale acceptable to the city, which indicates the following: a. The building for which the outdoor seating is proposed; b. The location of the restaurant or food service establishment; c. The proposed location of the outdoor seating, including any fencing, screening or materials to separate the seating area; and d. The location of any sidewalks or other pedestrian walkways or passageways adjacent to or affected by the proposed outdoor seating; and the location of all existing or additional parking to be provided for the seating. (4) Consent. A copy of the written consent of the individual, corporation, or other entity that owns the property upon which the outdoor seating will be located. (5) Indemnification. The applicant shall provide, in a form acceptable to the city attorney, indemnification of the city for any liability for personal injury and property damage due to the approval or existence of the outdoor seating. (6) Renderings. Photographs, renderings, elevations, samples, and other materials as may be required by the city which illustrate the following: the style and color or all furnishings and menu boards, and the color, style, and materials fencing, screening, or otherwise separating the outdoor seating. (c) Minimum standards. Outdoor seating shall, at a minimum, comply with the standard listed below. 1 establishment and is owned or leased for this purpose, unless otherwise approved bv council. (1) Walkways. Outdoor seating shall be arranged, when in use, in a manner consistent with the cc (2) Multiple tenants. Outdoor seating located on a pedestrian walkway which provides access to more than one occupant of a building shall provide an unobstructed passageway of at least six feet in width. The unobstructed passageway sWLmav be located adjacent to, tkretrgkor through, the outdoor seating area. Passagewavs through outdoor seatinq areas must be clearing delineated with planters, pavement chanqes and or similar demarcations. (3) Location. Outdoor seating shall be located only along the frontage of the affected restaurant or food service establishment, and shall not be located in front of or adjacent to any other user or tenant without the written authorization or as provided for by wav of the establishments lease., (4) Prohibited location. Outdoor seating shall not be located within any area designated for parking. .. (5) 4 nf t cp . . Delineation, fencing and or screening. xa;eisTii bmscreened as a means to visually separate such use from adiacent public passageway, sidewalk or street. The use of planter boxes, fencing and or changes is pavement materials shall be encouraqed. Fencing and or continuous planter boxes. not to exceed 34 feet, shall be utilized in high traffic areas , such as public sidewalksand when necessary to facilitate Dublic safetv as determined bv the growth mananement director. (6) Compatibility. Outdoor seating, including fencing and screening materials, shall be compatible in color and style with the exterior of the building. Signs, lettering, or advertising, excluding permitted menu board, shall not be attached to outdoor seating. Small labels may be permanently attached to the furnishing to identify ownership for security purposes. (7) Storage. Outdoor seating and furnishings shall be stored in a secure manner when not in use. Heaters and other seasonal equipment shall not be stored outdoors when not in regular (8) Hours of operation. Excluding outdoor seating located in inner courtyards, outdoor seating service shall comply with the hours of operation noted below. a. Sunday through Thursday. All sales and service of food and beverages are prohibited b. Friday through Saturday. All sales and service of food and beverages are prohibited (Ord. No. 17-2000, § 104, 7-20-00) /use I between the hours of .. . . Midnight and 6:OO a.m. I between the hours of .. . . 1 :00 a.m. and 6:OO a.m. Sec. 78-290. Temporary signs allowed. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the building division. Signs not approved by the building division are subject to immediate removal by the city, at the expense of the okner. Tempoiary signs shall comply with the standards listed below. (1) Illumination. Temporary signs shall not be illuminated. following: a. The nearest property line; b. The edge of pavement; or c. The edge of sidewalk or other walkway. (3) Maximum height. A temporary sign shall not be higher than five feet above the cro' road adjacent to the sign. I (2) Setbacks. Temporary signs shall be setback at least M- 10 feet from the greater of n of th (4) Permitted sign types. Only pole or sandwich-board-type signage shall be used for temporary signs. (5) Prohibited sign types. Balloons, bunting, banners, streamers, portable signs, flags, billboards, and similar signs are not permitted. A business activity may install not more than two "grand opening'' or special event banners in lieu of other types of permitted temporary signs. Table 25: Temporary Signs TABLE INSET: Type of Sign Political Maximum Size [Sq. Feet) *Residential - 6 square feet *Nonresidential - 32 square feet Earliest Installation Date *Residential - none *Nonresidential - 30 days before primary, general, or runoff election or referendum. Final Removal Date *Residential - none *Nonresidential - 5 days after election ~~ Notes and Remarks 01 sign per candidate or issue per residential dwelling *1 sign per nonresidential parcel or lot *Signs may not be placed on public property. *Signs may not be placed in public rights-of-way. *Signs may not obstruct vision at corners, intersections, etc. *Applicable to federal, state, county, and local elections. Free Speech Sign TABLE 0 *Residential - 6 square feet *Nonresidential - as permitted by sign regulations SET: Type of Sign Sale of Land, Building, or Portion of Building. Sale: Residential Maximum Size (Sq. Feet) 16 6 None Earliest Installation Date When property offered for sale Day open None Final Removal Date 5 days after closing Day open *1 sign per residential dwelling or lot *1 sign per nonresidential parcel or lot *Sign may be installed in lieu of any permitted nonresidential sign *Signs may not be placed on public property. *Signs may not be placed in public rights-of-way. *Signs may not obstruct vision at corners, intersections, etc. Notes and Remarks * 1-must conform to adopted city design standard. "2 Must be maintained in good condition & pennit renewed annually. "3 additional signs not visible from a public street or adjacent residential area niav be allowed subiect to city defined criteria. - >pen House ;ale: donresidential )pen House sale: Portion of 3uilding Rent or Lease: Building Rent or Lease: Portion of Building Development Sign Project Suppliers/trades 16 16 16 16 32 32 louse begins lay open louse begins When building iffered for sale 3r development xder issued When building offered or development order issued When building offered or development order issued When complete development order application filed with city Issuance of building louse closes Day open nouse closes 5 days after sale closes 5 days after rented or leased 5 days after 100 percent (1 00%) rented or leased On receipt of first certificate of occupancy On receipt of final *1,*2 & *3 -*I, "2.3 & *4 in lieu of a Lemporary sign leasing information not Zxceeding 12 square feet may bc incorporatcd into the design of a proiects monument or directional signage. .Rooming house signs excluded. * 1 .*2,3 & "4 in lieu of a temporary sign leasing information not exceeding 12 squarc feet mav be incorporated into the design of a projects monument or directional signage. certificate of I I occupancy Grand Opening/ Project Opening/ New Businesses 32 10 days after opening or event 7 days before event OutparcelE'hase 7 days before 10 days after Opening opening Special EventISale Not for Profit Special Eventhale for Profit 16 7 days before 1 day after sale/event sale/event ~ ~ ~ .Not for profithonprofit organization only 16 .Must comply with council-approved administrative policy. 7 days before 1 day after event sale/event 30 days before registration registration 30 days after School/Day Care/Nursery I l2 Garage Sale I il before I Day of sale 1 sign for the sale Outside SaledSites Without Buildings Must comply with Day before day after council-approved sale sale administrative policy. 16 Special Event Must comply with Direction Signage 4 Day before day after council-approved event event administrative policy. Issuance of land clearing, land alteration, or building permit On receipt of final certificate of occupancy 16 Construction Entrance I I I I I (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right-of way is allowed one temporary signs as permitted in Table 25. Additional signs interior to a development; which are not visible from a public right of way or residential development may be allowed subiect to city defined criteria.; (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive days. (Ord. No. 17-2000, 0 141,7-20-00) Workshop Sign-in Sheets 1 1/19/2009 & 12/03/2009 3 3 u 3 3, 3 s c 3, J - > 3 J a r; 9 . \ h '2 \ i Y c > b s 3 r\l I 0 J # - . f 3 /I 3 c &N/+5eWjk/ And, I have some issue with this process: o PGA Corridor Assn complains that they want to have codes changed to help business. o As of May 27, 09, city administration meets 6 times with lobbyist. PGA Corridor Association and Chamber of commerce of the Northern Palm Beach. Their primary mission is to change the code and increase business. They have no obligation to residents. And, I don’t believe that residents were represented at these meetings. o The code is modified and presented to the City Council in May. It has be,,, fn trnAified to fit th corn mu nities desires, without any apparent rational, other than these lobbyist want more, and want to be able to make up their own rules and approvals. As a result of these meetings, the administration has alread recommending these changes to the Council with out Resident input. The residents of the city were completely cut out of the loop in this process, just the way a good lobbyist would want it. sounds a lot like the Health Care Bill in Congress doesn’t it? o So what are some of these modifications: . Doubling the amount of outside events a Being able to display and sell boat, cars and other item at outside events. . Increasing outside sales of food and beverages to lam. . They want to split the sign ordinance making up special rules for the businesses such as: Allowing flags, banners and signage not currently allow in the sign code. This is a way to get around the sign code. Establishing polic_y making decisions and authorization to be made by staff, "applicable agencies" who ever they are, event planners, and even the developers or association that control the property. Moving signage closer to the street. If you would let them, they would put it in the middle of the road to stop traffic. Allowing off site signage on "Public right of way." Which in currently not permitted. There is one good recommendation e the removal of rent/lease signs. This was in the original sign ordnance which I wrote. When adopted it required such signs to be removed one year after C/O on the property. Never to reappear. The business community quietly had this removed to their benefit. The bottom line is that the business and developers came to our city because of its character, beauty, life style and management. They now want to change to change Palm Beach Gardens to fit their own personal benefit. They are attempting taking away the Policy making decisions away from Council and putting them in the hands of the administration which they apparently have more control as evidence by the way this matter has been presented. It is time for the Council to reaffirm their commitment to establishing the policies that meets the needs of the residents of the city who elected them, and not the desires of the business community. The administration should carry out policy and not assign them to any other entity. Likewise they should not attempt to make policy, as they are doing. Thank you I. 11. 111. IV V. VI. VII. VIII. CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 15,2010 7:OO P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. b. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: SPONSORSHIP RECOGNITION FOR DANCING UNDER THE STARS. /Pane 4) ANNUAL AUDIT REPORT. CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit request form to the Citv Clerk Drior to this Item) CONSENT AGENDA: a. /Pane 152) APPROVE MINUTES FROM MARCH 4, 2010 CITY COUNCIL MEETING. b. JPaae 1551 APPROVE MINUTES FROM MARCH 18, 2010 CITY COUNCIL MEETING. jstaff Report on Pane 159, Resolution on Paae 162) RESOLUTION 17,201 0 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE IAFF. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, INC. TO MODIFY AND CLARIFY THE REQUIREMENTS FOR PROMOTIONAL EXAMINATIONS AND THE USE OF PERSONAL LEAVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. , JPaae 174 PROCLAMATION -WATER CONSERVATION MONTH. IX. PUBLIC HEARINGS: (* Desbnates Ouasi-Judicial Hearing) 6taff Report on Page 175, Resolution on Pane 209,. ______ . ._. - . ., __ . - SEPTEMBER llTH MEMORIAL PLAZA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 09.11.01 MEMORIAL PLAZA, LOCATED AT 5161 NORTHLAKE BOULEVARD ON THE FIRE STATION NO. 3 PARCEL, AS MORE 4D FOR OTHER PURPOSES.1 0 - EM GENC ge 218, Resolution on Pag ERATIONS COMMUNlCi - ESOLUTION 15,201( INTER. A RESOLUTIOF OF IRE CITT ~uUNCIL OF THE CITY uf PALM BEACH GARDENS FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE PALM BEACH GARDENS MUNICIPAL COMPLEX TO ALLOW A 10,800-SQUARE- FOOT EMERGENCY OPERATIONS AND COMMUMCATION CENTER, AI MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF :; AND APPROVAL PROVIDING - 'FFECTIV- - --- qA --- --._-- ORDINANCE 9,2010 IS CONTINGENT UPON COUNCIL APPROVAL OF THE ALTERNATE EXTERIOR ELEVATION AS RECOMMENDED BY PZAB. dStaff Report on Pane 244, Ordinance on Page 246 (1'' READING) AMENDING THE FISCAL YEAF. __. DINANCE OF HE C ;OUNCIL 01 i CITY ( RDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS DGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, ANC 30, 2010, INCLUSIVE; PROVIDING A CONFLICT3 USE AND A SEVEMBILIT\/ PI AI I@C- DDn\/lnlN/I Ah1 ECCCPTI\/C nATE ER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. LPaae 250) LAKE CATHERINE HISTORICAL ART PROJECT. b. /Pane 275) OUTDOOR SEATING, SPECIAL EVENTS AND TEMPORARY SIGNAGE. XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interestedpersons will need a record of the proceedings and may need to ensure record is made, including the testimony and evidence upon which the appeal is .. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk’s Omce at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE)). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 15,2010 7:OO P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett I. PLEDGE OF ALLEGIANCE 11. ROLL CALL 54 111. ,, ADDITIONS, DELETIONS, MODIFICATIONS: N ,@“OUNCEMENTS / PRESENTATIONS: a. SPONSORSHIP RECOGNITION FOR DANCING UNDER THE STARS. b. :Pame 4) ANNUAL AUDIT REPORT. v. /ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: VI. - CITY MANAGER REPORT: VII. /COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit VIII. CONSENT AGENDA: reauest form to the Citv Clerk prior to this Item) / /Pam 152) APPROVE MINUTES FROM MARCH 4, 2010 CITY COUNCIL M EETl NG. b. /Pame 155) APPROVE MINUTES FROM MARCH 18, 2010 CITY COUNCIL MEETING. iStaff Remrt on Paae 159. Rasolutlon on Paas 162) RESOLUTION 17,2010 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE IAFF. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, INC. TO MODIFY AND CLARIFY THE REQUIREMENTS FOR PROMOTIONAL EXAMINATIONS AND THE USE OF PERSONAL LEAVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. /Pame 174) PROCLAMATION -WATER CONSERVATION MONTH. M. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. /fstaffReoo rt on Pane 175. Re8olutlon on Pam 2091 RESOLUTION 14,2010 - SEPTEMBER llTH MEMORIAL PLAZA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 54 THE 09.11.01 MEMORIAL PLAZA, LOCATED AT 5161 NORTHLAKE BOULEVARD ON THE FIRE STATION NO. 3 PARCEL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Remrt on Pane 218, Re Wion on Pam 2321 RESOLUTION 15,201 0 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE PALM rrpsJn@ FOOT EMERGENCY OPERATIONS AND COMMUNICATION CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4-0 BEACH GARDENS MUNICIPAL COMPLEX TO ALLOW A 10,800-SQUARE- ORDINANCE 9,2010 IS CONTINGENT UPON COUNCIL APPROVAL OF THE ALTERNATE EXTERIOR ELEVATION AS RECOMMENDED BY PUB. C. jStaff Rewrt on Pane 244, Ordinance on Pam 2 46) ORDINANCE 9, 2010 - (1" READING) AMENDING THE FISCAL YEAR 2010 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH Pf GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS, BUDGET FOR THE FISCAL YEAR BEGlNNilNG OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. VU'@@ X. - RESOLUTIONS: XI. 4TEMS FOR COUNCIL ACTION/DISCUSSION: a. /{Pane 2501 LAKE CATHERINE HISTORICAL ART PROJECT. b. /Pane 2751 OUTDOOR SEATING, SPECIAL EVENTS AND TEMPORARY SIG NAGE. 7/I5 819 XII. - CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Oflee at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 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: Add res : Subject: 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. Please Prin COMMENTS FROM THE PUBLIC Request to Address City Council Address: 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 Prin Name: Address: L City: ,l Subject: ‘I 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 COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public 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 - t Name: /aw Address: &# Subject : P66? a@- w 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. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public 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 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 \ 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 COMMENTS FROM THE PUBLIC Request to Address City Council City: V- I / Members of the public may address the City Council we ring the omments 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 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 Members of the public may address the City Council durin8g 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 Name: COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public 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 ccd 344-4279 c CITY COUNCIL MEETING 04/15/10 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS MODIFICATIONS: Under Consent Proclamation - Holocaust Remembrance Week 2010. NONE NONE 8 5 0 3 m u 0 1 3 t;' tr 3 0 CD 1 2 8 3. z cc a e B CD 3 cc M U E3 L I 0 e m Y 'c w M r cc er 0 a E' m .A fr3 rn CI' I Le PH The buy out program. Please help me understand how the buy out program works. I will wait for an answer.. . , . What are the req~ements to be eligible to participate? How can giiing approximately 6 months salary to ex-employees help morale? It would appear to me that someone else is going to have to pick up the job assignments. Slit-(: we can not afford to hire anyone to replace those leaving, can we? I suggest we keep the employees on board with knowledge their employment is ended September, 2010. Should ,III\ one choose to leave prior to that time, it is without the ‘%uyout” deal. What effect does the buy out have on pension and retirement benefits? Will this empty 6 months qualify anyone for retirement or pension benefits? If so, who? The employees who were fired last year because of budget “cutbacks” should be allowed th .’ same privilege, at least 6 months salary and insurance benefits, paid retroactive. I recall Mr. Fenis saying there was a plan under consideration, however, it had yet to be developed, along with a purposed on site health care project. Where is this program in development? To read about the implementation in the newspaper is disturbing and shows an arrogance ii 1 management by the City Manager. Very much opposed to this action, It should be discussed in the open at a council meeting where residents can listen in on the telephone, or be present to hear and observe. Waiting for the answers..,. I r ‘f LA qL ‘I .I ‘I 1 I j t 3 I I I iI I= i i S 00 1 L- 4245 Hollv Drive Palm Rnaph CarAnna ET, 1 - PRESS RELEAS April 14,2010 Contact: ReL- Bdalis 56 1-632-23 52 PALM BEACH GARDENS HIGH SCHOOL ‘PIZZAZZ’ CHORUS TO HEADLINE AT CARNEGIE HALL APRIL 25TH The Palm Beach Gardens High School ’Pizzazz’ Chorus will travel to New York City next week to perform as the ‘featured‘ choir at the 2010 National Youth Choir Festival at Carnegie Hall. The prestigious National Youth Choir Festival ‘Elite Performance Series at Carnegie Hall’, presented by Heritage Festivals and Field Studies, is designed to offer talented vocal ensembles fiom around the country the chance to celebrate musical artistry in one of the nations premier performance venues. ‘‘What an honor it is for our chorus to be given this incredible opportunity,” said Jamie Bryan, Director of the Palm Beach Gardens High School (PBGHS) Choral Department. “This will be a wonderhl experience for our students to sing in an outstanding chorus under the direction of a renowned conductor at world famous Carnegie Hall.” Festival participants are selected through an extremely competitive audition process vying against high school choirs mund the nation. In addition to Pizzazz’s feature performance on April 25*, other members of the PBGHS Chorus will also sing in the National Youth Chorale Program, rehearsing and per€orming on this famous stage with the National Youth Choir under the direction of Dr. Eph Ehly, one of the most sought after choral conductors and clinicians in the country. - more- -2- The PBGHS Chorus is an accomplished vocal choir, having received 26 out of 27 straight Superior ratings at the State Music Performance Assessments. “We am extremely proud of our ‘Pizzazz’ chorus’ accomplishments,” said Bryan. “Music education has provided these students with a skill set far beyond the discipline of music, including adaptability, teamwork, diligence, focus, creativity, persistence, responsibility and a sense of purpose. The skills that have been learned by our young musicians have gotten them to Carnegie Hall and will surely benefit them in any fiture endeavor.” Performing at Carnegie Hall is a ‘once in a lifetime’ opportunity and would not be possible for many of our Choral students without the financial support of corporate sponsors and community donations. To defer the financial burden of this trip on students, the PBGHS Choral Department has been conducting a variety of fundraising activities throughout the year and continues to seek corporate donations. We would like to enlist the news media’s assistance in helping us meet our fundraising goal by encouraging your coverage of this outstanding choir. To schedule a live or taped performance for your media outlet, schedule an interview with chow director Jamie Bryan, or for additional information about this exciting event, please contact Renm Bdalis at (561) 632-2352 or via e-mail at: RBafais@comcast.net. You may also find chorus videos and details about upcoming performances at: http://pbghschorus. yolasite.com. ### CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida's environment, economy and quality of life; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future ofFlorida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up storm water pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to install a lasting culture of conservation in our communities; and WHEREAS the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources; and NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of April 2010 as Attest: Pd~ City Clerk Water Conservation Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Palm Beach Gardens, Florida, to be affixed on this 15th day of April in the Year of our Lord, Two Tlwusand Ten CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION Declaring the week of Aprilll-18, 2010 Days of Remembrance "Children in Crisis: Voices from the Holocaust" WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims-six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, the citizens of the City of Palm Beach Gardens should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and WHEREAS, the citizens of the City of Palm Beach Gardens should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Palm Beach Gardens to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrances of the Victims of the Holocaust to be Sunday, April 11, 2010 through Sunday, April 18, 201 0 including the International Day of Remembrance known as Yom Hashoah, April 11, 201 0; NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 11 through April 18, 2010 as Days of Remembrance in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Palm Beach Gardens, should strive to overcome intolerance and indifference through learning and remembrance. Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 15th day of April in the Year of our Lord, 1Wo Tlwusand Ten.