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HomeMy WebLinkAboutAgenda Council Agenda 121610CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 16, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: 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 5 APPROVE MINUTES FROM NOVEMBER 4, 2010 CITY COUNCIL MEETING. b. (Page 8 APPROVE MINUTES FROM NOVEMBER 18, 2010 CITY COUNCIL MEETING. C. (Page 14 APPROVE MINUTES FROM DECEMBER 2, 2010 CITY COUNCIL MEETING. d. (Page 18 PROCLAMATION — LET'S MOVE CAMPAIGN. IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. *(Staff Report on Page 19, Ordinance on Page 35) ORDINANCE 27, 2010 - (2nd READING AND ADOPTION) REZONING PARCEL 18.A07. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING ONE (1) PARCEL OF REAL PROPERTY CONSISTING OF APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, MORE OR LESS; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE, INFORMALLY KNOWN AS "PARCEL 18.A07 ", AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY RESIDENTIAL SINGLE FAMILY (RS) AND RESIDENTIAL ESTATE (RE) TO CITY OF PALM BEACH GARDENS RESIDENTIAL LOW, UP TO 4 UNITS PER ACRE (RL -2) ZONING DISTRICT; PROVIDING FOR REVISIONS TO THE ZONING DISTRICT MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *(Staff Report on Page 40, Resolution on Page 71) RESOLUTION 91, 2010 - OUTDOOR ACCESSORY STRUCTURE AT MIDTOWN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE MIDTOWN PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 4801 PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ADD AN OUTDOOR ACCESSORY STRUCTURE IN THE PLAZA BETWEEN CANTINA LAREDO AND III FORKS STEAKHOUSE; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 93, Ordinance on Page 95) ORDINANCE 28, 2010 - (1ST READING) AMENDING FISCAL YEAR 2010/2011 BUDGETED FUND BALANCE CARRY. 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, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 100, Ordinance on Page 102) ORDINANCE 29, 2010 - (1ST READING) AMENDING THE FISCAL YEAR 2010/2011 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, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. *(Memo on Page 107) RESOLUTION 55, 2010 — (CONTINUED FROM NOVEMBER 18, 2010) AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHEAST CORNER OF CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 96 TOWNHOMES AND 58 SINGLE - FAMILY HOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 109, Resolution on Page 111) RESOLUTION 93, 2010 - APPOINTMENT OF ONE MEMBER TO THE BUDGET OVERSIGHT COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF A REGULAR MEMBER TO THE BUDGET OVERSIGHT COMMITTEE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 150, Resolution on Page 152) RESOLUTION 94, 2010 - PURCHASE OF FIFTEEN REPLACEMENT VEHICLES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF FIFTEEN (15) REPLACEMENT POLICE DEPARTMENT VEHICLES FROM MAROONE DODGE OF PEMBROKE PINES AND HUB CITY FORD, INC. VIA AN EXISTING CONTRACT WITH THE FLORIDA SHERIFF'S ASSOCIATION, CONTRACT NO. 10 -18 -0907; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 155, Resolution on Page 161) RESOLUTION 95, 2010 - GENERAL OBLIGATION REFUNDING BONDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF $4,440,996.89 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010 FOR THE PURPOSE OF REFUNDING ALL OF THE CITY'S GENERAL OBLIGATION BONDS, SERIES 1998 AND SERIES 1999, THAT REMAIN OUTSTANDING; PRESCRIBING THE FORM, TERMS, AND DETAILS OF SUCH BONDS, MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; SPECIFYING THE USE OF THE PROCEEDS OF SUCH BONDS; AWARDING SUCH BONDS TO SUNTRUST BANK BY NEGOTIATED SALE; DIRECTING THE LEVY OF THE AD VALOREM TAXES OF THE CITY OF PALM BEACH GARDENS TO THE REPAYMENT OF THE BONDS; DESIGNATING THE BONDS AS "QUALIFIED TAX- EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIL CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800- 955 -8771 (TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 4, 2010 The regular meeting was called to order at 7:00 p.m. by Mayor Levy. L PLEDGE OF ALLEGIANCE II. ROLL CALL PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo, Councilmember Eric Jablin_ ABSENT: None. III. ADDITIONS, DELETIONS, MODIFICATIONS None. IV. ANNOUNCEMENTS AND PRESENTATIONS None. V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS Councilmember Russo congratulated Marcie Tinsley, suggested a policy addressing romantic relationships in the work place and requested the City Manager prepare a review of the current City Charter. Vice Mayor Premuroso had no report. Councilmember Jablin discussed the possibility of a Charter Review Committee and a policy for romantic relationships in the work place. Mayor Levv announced the Mayor's Classic Golf Tournament, Duncan Middle School's Veterans Day Program and the Palm Beach Gardens Annual Veterans Day ceremony featuring the U.S. Signal Corps Army Band. Councilmember Russo suggested a letter be sent to the Palm Beach County School Board supporting Veterans Day as an official holiday. VI. CITY MANAGER REPORT City Manager Ferris presented the cost savings of changing to one City Council meeting per month. The City Council members reached consensus for one meeting per month beginning in January 2011. September will continue to have two meetings. Additional meetings can be called when necessary. VII. COMMENTS FROM THE PUBLIC None. VIII. CONSENT AGENDA a. RESOLUTION 59, 2010 — CAMPUS DRIVE RIGHT OF WAY ACCEPTANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEPTING A RIGHT -OF -WAY DEED FOR A PORTION OF CAMPUS DRIVE, PREVIOUSLY TRANSFERRED TO THE CITY OF PALM BEACH GARDENS BY PALM BEACH COUNTY VIA THE DEED RECORDED IN O. R. BOOK 23733, PAGE 1426; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. RESOLUTION 69, 2010 —APPROVING A PLATTING EXCEPTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOT 31 OF POD "D ", LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. PROCLAMATION — NATIONAL AMERICAN INDIAN HERITAGE MONTH. Councilmember Jablin made a motion for approval of the Consent Agenda. Vice Mayor Premuroso seconded. Motion passed 4 -0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 11.04.10 I IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearin) 2 Mayor Levy announced the procedures for tonight's proceedings. 3 Those preparing to give testimony were sworn in. 4 The City Clerk read Resolution 77, 2010 by title. 5 a. *RESOLUTION 77, 2010 — AIPP REQUIREMENT FOR THE POINTE PUD. A 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 7 FLORIDA APPROVING ARTWORK, IN SATISFACTION OF THE ART IN PUBLIC PLACES 8 REQUIREMENT, FOR THE POINTE PLANNED UNIT DEVELOPMENT (PUD), LOCATED 9 AT THE INTERSECTION OF I -95 AND MILITARY TRAIL AND AS MORE PARTICULARLY 10 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 11 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 No ex parte communication was declared. 13 Mayor Lev v opened the public hearing. 14 Presentation by: Anne Booth, Urban Design Kilday Studios. 15 Public Comment: None. 16 Mayor Lev v closed the public hearing. 17 Councilmember Jablin made a motion for approval for Resolution 77, 2010. 18 Vice Mayor Premuroso seconded. 19 Motion passed 4 -0. 20 X. RESOLUTIONS 21 The City Clerk read Resolution 58, 2010 by title. 22 a_ RESOLUTION 58. 2010 — ON SITE HEALTH CLINIC. A RESOLUTION OF THE CITY 23 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN 24 AGREEMENT WITH CAREHERE, LLC TO PROVIDE AN ON -SITE EMPLOYEE 25 HEALTHCARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; 26 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 27 Presentation by: Fire Chief Pete Bergel, Finance Administrator Allan Owens. 28 Public Comment: None. 29 Discussion ensued. 30 Councilmember Jablin made a motion for approval of Resolution 58, 2010. 31 Councilmember Russo seconded. 32 Motion passed 4 -0. 33 The City Clerk read Resolution 83, 2010 by title. 34 b. RESOLUTION 83. 2010 — CHANGE ORDER NO. 1 TO PIRTLE CONSTRUCTION. A 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 36 FLORIDA APPROVING CHANGE ORDER NO. 1 TO JAMES B. PIRTLE CONSTRUCTION 37 COMPANY D /B /A PIRTLE CONSTRUCTION COMPANY FOR THE DESIGN /BUILD OF THE 38 MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER, 39 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 40 Councilmember Russo recused himself, left the dais and completed Form 8B. 41 Presentation by: City Engineer Todd Engle. 42 Public Comment: None. 43 Councilmember Jablin made a motion for approval of Resolution 83, 2010. 44 Vice Mayor Premuroso seconded. 45 Motion passed 3 -0. 46 Councilmember Russo returned to the dais. 47 XI. ITEMS FOR COUNCIL ACTION /DISCUSSION 48 Mayor Lev v suggested a Charter Review Committee consider rules governing elections. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 11.04.10 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 48 49 XIL CITY ATTORNEY REPORT None. XIII. ADJOURNMENT Councilmember Jablin made a motion to adjourn. Councilmember Russo seconded. Motion passed 4 -0. The meeting adjourned at 8:01 p.m. The next regularly scheduled City Council meeting will be held November 18, 2010. APPROVED: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11.04.10 PAGE 3 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 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 18, 2010 The regular meeting was called to order at 7:01 p.m. by Mayor Levy. L PLEDGE OF ALLEGIANCE II. ROLL CALL PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley. ABSENT: None. III. ELECTION The Deputy City Clerk read Resolution 88, 2010. a. RESOLUTION 88, 2010 — DECLARING THE RESULTS OF THE SPECIAL ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 2,2010; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilmember Jablin made a motion to approve Resolution 88, 2010. Councilmember Russo seconded. Motion passed 4 -0. b. ADMINISTER OATH OF OFFICE The Deputy City Clerk administered the Oath of Office to Councilmember Marcie Tinsley. IV. ADDITIONS, DELETIONS, MODIFICATIONS ADDITIONS UNDER V. — ANNOUNCEMENTS /PRESENTATIONS c. Recognition of the Green Market Sponsor d. Recognition of the Veterans Day Sponsor Under XII. — ITEMS FOR COUNCIL ACTION/DISCUSSION a. City Charter b. Personnel Policies Update Councilmember Jablin made a motion for approval of the additions to the agenda. Vice Mayor Premuroso seconded. Motion passed 5 -0. V. ANNOUNCEMENTS AND PRESENTATIONS a. BEAUTIFICATION AWARD PRESENTATION TO PGA NATIONAL RESORT AND SPA Community Aesthetics Board Assistant Staff Liaison Cynthia Unger introduced the Commercial Category Beautification Award winner PGA National Resort and Spa. b. RECOGNITION OF THE YOUTH TRIATHLON SPONSORS Resource Manager Ann Schilling recognized sponsors Frenchman's Creek Charitable Foundation, Miller's Gardens Ale House and Whole Foods Market. c. RECOGNITION OF THE GREEN MARKET SPONSOR Resource Manager Ann Schilling recognized sponsor Southern Self Storage. d. RECOGNITION OF THE VETERANS DAY SPONSOR Resource Manager Ann Schilling recognized sponsor Doubletree Hotel. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11.18.10 PAGE 1 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 48 VL ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS Councilmember Jablin recognized the U.S. Army Signal Corps Band, Fort Gordon, Georgia and staff for the Veterans Day celebration; the Taste of Downtown event at Downtown at the Gardens and the beginning of the Big Heart Brigade Thanksgiving food preparation. Vice Mayor Premuroso recognized staff and discussed the Mayor's Veterans Golf Tournament. Councilmember Russo requested staff check the status of the PGA Boulevard Driver's License Bureau being taken over by Palm Beach County and determine if improvements to the building are possible_ Councilmember Tinsley reported on the Veterans Day celebration and thanked everyone who supported her during her campaign and election. Mayor Levy reported attending the Palm Beach County Water Resource Task Force meeting and announced that he is now the Chair. VII. CITY MANAGER REPORT None. VIII. COMMENTS FROM THE PUBLIC Steve Cohen, PGA Corridor Association, 10272 Heronwood Lane, Palm Beach Gardens; Roger Blaney, 11658 Hemlock Street, Palm Beach Gardens; Elizabeth Sither, 2F Lexington Land East, Palm Beach Gardens; Linda Hughey, 9120 Reed Drive, Palm Beach Gardens; Marilyn Jacobs, 16 Bermuda Lake Drive, Palm Beach Gardens. IX. CONSENT AGENDA a. APPROVE MINUTES FROM OCTOBER 7, 2010 CITY COUNCIL MEETING. b. APPROVE MINUTES FROM OCTOBER 21, 2010 CITY COUNCIL MEETING. c. RESOLUTION 79, 2010 — DATA COMMUNICATION EQUIPMENT FOR THE EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING A PURCHASE AWARD TO GOVCONNECTION, INC. FOR THE PURCHASE OF DATA COMMUNICATION EQUIPMENT FOR THE EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER VIA AN EXISTING CONTRACT WITH THE STATE OF FLORIDA (NO. 250- 000- 09 -1); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES d. RESOLUTION 84, 2010 — EASEMENT AGREEMENT IN FAVOR OF SEACOAST UTILITY AUTHORITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN EASEMENT AGREEMENT IN FAVOR OF SEACOAST UTILITY AUTHORITY FOR DRAINAGE AND UTILITY EASEMENTS WITHIN LILAC PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 86, 2010 — INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO RECEIVE THREE (3) GLIDESCOPESR THROUGH A COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARD FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. RESOLUTION 90, 2010 — ESTABLISHING SCHEDULE FOR REGULAR CITY COUNCIL MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE FOR REGULAR CITY COUNCIL MEETINGS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 11.18.10 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 48 g. PROCLAMATION — NATIONAL GIS DAY. Councilmember Jablin made a motion for approval of the Consent Agenda. Vice Mayor Premuroso seconded. Motion passed 5 -0. X. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing) Mayor Levy announced the procedures for tonight's proceedings. Those preparing to give testimony were sworn in. The Deputy City Clerk read Ordinance 24, 2010 by title. a. *ORDINANCE 24, 2010 — (2ND READING AND ADOPTION) AT &T PLANNED UNIT DEVELOPMENT (PUD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY COMPRISED OF ONE (1) PLATTED LOT TOTALING 0.93 ACRES, MORE OR LESS, IN SIZE, LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY 500 FEET EAST OF NORTH CONGRESS AVENUE, WITH A STREET ADDRESS OF 3005 NORTHLAKE BOULEVARD, INFORMALLY KNOWN AS THE "AT &T PROPERTY "; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG -1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 75, 2010 IS A COMPANION ITEM TO ORDINANCE 24, 2010 AND WILL REQUIRE COUNCIL ACTION *RESOLUTION 75, 2010 — AT &T PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE AT &T PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Premuroso declared a conflict, left the dais and signed Form 8B. No ex parte communication was declared. Mayor Levy opened the public hearing. Presentation by: Marty Minor, Urban Design Kilday Studios. Public Comment: David Freeman, 140 Vintage Isle Lane, Palm Beach Gardens. Councilmember Russo made a motion for a continuance to date certain December 2, 2010. Councilmember Jablin seconded. Motion passed 4 -0. Vice Mayor Premuroso returned to the dais. The Deputy City Clerk read Resolution 81, 2010 by title. b. *RESOLUTION 81, 2010 —DIRTY MARTINI LOUNGE AT DOWNTOWN AT THE GARDENS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR CONDITIONAL USE FOR THE DIRTY MARTINI GRILLE, LLC, LOCATED WITHIN DOWNTOWN AT THE GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) AT 11701 LAKE CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 11.18.10 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 VICTORIA GARDENS AVENUE, SUITE 2105, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Lev v and Councilmember Jablin declared ex parte communication. Mayor Levy opened the public hearing. Presentation by: Donaldson Hearing, Cotleur & Hearing; Kevin Berman, owner, Downtown at the Gardens. Public Comment: None. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval for Resolution 81, 2010. Councilmember Tinsley seconded. Motion passed 5 -0. The Deputy City Clerk read Resolution 82, 2010 by title. C. *RESOLUTION 82, 2010 — NORTHCORP CORPORATE PARK PLANNED COMMUNITY DEVELOPMENT (PCD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE MASTER SIGNAGE PROGRAM FOR THE NORTHCORP CORPORATE PARK PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY THE GARDENS STATION PUD TO THE NORTH, INTERSTATE 95 TO THE WEST, BURNS ROAD TO THE SOUTH, AND THE FEC RAILWAY TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. No ex parte communication was declared. Mayor Levy opened the public hearing. Presentation by: Brian Cheguis, Cotleur & Hearing. Public Comment: None. Councilmember Jablin made a motion for approval for Resolution 82, 2010. Councilmember Russo seconded. Motion passed 5 -0. The Deputy City Clerk read Resolution 55, 2010 by title. d. *RESOLUTION 55, 2010 — (CONTINUED FROM OCTOBER 21, 2010) AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHEAST CORNER OF CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 96 TOWNHOMES AND 58 SINGLE- FAMILY HOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Premuroso and Councilmember Tinsley declared ex parte communication. Mayor Levy continued the public hearing from October 21, 2010. City Attorney Lohman directed all testimony and comments from the October 21, 2010 hearing be incorporated with this hearing. The Deputy City Clerk swore in those preparing to give testimony. Harvey Over, Shutts and Brown, attorney for the petitioner requested a postponement of the hearing for Resolution 55, 2010. Public Comment: None. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 11.18.10 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 48 49 Councilmember Russo made a motion for approval of the postponement to date certain December 16, 2010. Councilmember Jablin seconded. Motion passed 5 -0. X. RESOLUTIONS The Deputy City Clerk read Resolution 80, 2010 by title. a. RESOLUTION 80, 2010 —PURCHASE OF ONE FIRE ENGINE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF ONE 2011 PIERCE IMPEL PUMPER FROM TEN -8 FIRE EQUIPMENT, INC., AN AUTHORIZED DEALER FOR FIRE ENGINES IN THE STATE OF FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH PURCHASE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presentation by: Fire Chief Pete Bergel. Public Comment: None. Discussion ensued. Councilmember Jablin made a motion for approval of Resolution 80, 2010. Councilmember Russo seconded. Motion passed 5 -0. XII. ITEMS FOR COUNCIL ACTION /DISCUSSION a. CITY CHARTER The City Council reached consensus for City Attorney Lohman to review the Charter, compile a list of changes and provide a report. b. PERSONNEL POLICIES UPDATE The City Council agreed not to change the personnel policies. XIIL CITY ATTORNEY REPORT None. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11.18.10 PAGE 5 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 XIV. ADJOURNMENT Councilmember Jablin made a motion to adjourn. Councilmember Russo seconded. Motion passed 5 -0. The meeting adjourned at 9:07 p.m. The next regularly scheduled City Council meeting will be held December 2, 2010. APPROVED- David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11.18.10 PAGE 6 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 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING DECEMBER 2, 2010 The regular meeting was called to order at 7:01 p.m. by Mayor Levy. L PLEDGE OF ALLEGIANCE II. ROLL CALL PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley. ABSENT: None. III. ADDITIONS, DELETIONS, MODIFICATIONS UNDER CONSENT C. RESOLUTION 89, 2010 — RECOGNITION OF COUNCILMEMBER RUSSO'S TWENTY -ONE (21) YEARS OF PUBLIC SERVICE. Councilmember Jablin made a motion for approval of the addition. Vice Mayor Premuroso seconded. Motion passed 5 -0. IV. ANNOUNCEMENTS AND PRESENTATIONS a. Recreation Director Charlotte Presensky presented the City holiday activity schedule. V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS Councilmember Jablin announced events being held in Downtown at the Gardens. Vice Mayor Premuroso announced for the first 30 days the proceeds from the carousel at Downtown at the Gardens will be donated to charities; the Palm Beach Gardens Historical Society holiday events and welcomed Joseph's Classic Market and Brooklyn Water Bagel restaurant to Palm Beach Gardens. Councilmember Russo reported attending the North County Economic Development Advisory Board meeting and thanked Fire Chief Bergel and the Big Heart Brigade volunteers for preparing Thanksgiving meals for the disadvantaged. Councilmember Tinsley thanked Downtown at the Gardens for the charitable donations from the carousel. Mayor Levy announced the passing of Ernest Volonte and requested a moment of silence. VI. CITY MANAGER REPORT City Manager Ferris introduced Jim McGuinn from the Florida League of Cities who presented a plaque to Councilmember Russo for 20 years of elected service. A cake was then presented to Councilmember Russo in honor of his 61s' birthday. VII. COMMENTS FROM THE PUBLIC Carol Estrada, 309 Riverside Drive, Palm Beach Gardens. VIII. CONSENT AGENDA a. RESOLUTION 87, 2010 — PURCHASE OF THREE (3) TURF MOWERS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A PURCHASE AWARD TO WESCO TURF, INC. FOR THREE (3) TURF MOWERS PURUSANT TO AN EXISTING CONTRACT WITH THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.. b. RESOLUTION 92, 2010 — IDENTITY THEFT PREVENTION PROGRAM. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN "IDENTITY THEFT PREVENTION PROGRAM" IN ACCORDANCE WITH THE REQUIREMENTS OF THE FAIR AND ACCURATE CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 12.02.10 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 48 CREDIT TRANSACTIONS ACT OF 2003; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. RESOLUTION 89, 2010 — RECOGNITION OF COUNCILMEMBER RUSSO'S TWENTY -ONE (21) YEARS OF PUBLIC SERVICE. Councilmember Jablin made a motion for approval of the Consent Agenda. Vice Mayor Premuroso seconded. Motion passed 5 -0. IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing) Mayor Levy announced the procedures for tonight's proceedings. Those preparing to give testimony were sworn in. The City Clerk read Ordinance 24, 2010 by title. a. *ORDINANCE 24, 2010 — (2ND READING AND ADOPTION — CONTINUED FROM NOVEMBER 18, 2010) AT &T PLANNED UNIT DEVELOPMENT (PUDI AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY COMPRISED OF ONE (1) PLATTED LOT TOTALING 0.93 ACRES, MORE OR LESS, IN SIZE, LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY 500 FEET EAST OF NORTH CONGRESS AVENUE, WITH A STREET ADDRESS OF 3005 NORTHLAKE BOULEVARD, INFORMALLY KNOWN AS THE "AT &T PROPERTY "; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG -1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 75, 2010 IS A COMPANION ITEM TO ORDINANCE 24, 2010 AND WILL REQUIRE COUNCIL ACTION *RESOLUTION 75, 2010 — AT &T PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE AT &T PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Premuroso declared a conflict and left the dais. City Attorney Lohman directed that Form 8B will carry over from the November 18, 2010 hearing. Mayor Levy opened the public hearing. No ex parte communication was declared. Presentation by: Ken Tuma, Urban Design Kilday Studios. Public Comment: None. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Ordinance 24, 2010 on second reading and adoption. Councilmember Russo seconded. Motion passed 4 -0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 12.02.10 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 Councilmember Jablin made a motion for approval of Resolution 75, 2010. Councilmember Russo seconded. Motion passed 4 -0. Vice Mayor Premuroso returned to the dais. The City Clerk read Ordinance 27, 2010 by title. b. *ORDINANCE 27, 2010 — (1ST READING) REZONING PARCEL 18.A07). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING ONE (1) PARCEL OF REAL PROPERTY CONSISTING OF APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, MORE OR LESS; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE, INFORMALLY KNOWN AS "PARCEL 18.A07, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY RESIDENTIAL SINGLE FAMILY (RS) AND RESIDENTIAL ESTATE (RE) TO CITY OF PALM BEACH GARDENS RESIDENTIAL LOW, UP TO 4 UNITS PER ACRE (RL -2) ZONING DISTRICT; PROVIDING FOR REVISIONS TO THE ZONING DISTRICT MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. No ex parte communication was declared. Presentation by: Jose Martinez, 95 Hood LLC. Public Comment: None. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval for Ordinance 27, 2010 on first reading. Vice Mayor Premuroso seconded. Motion passed 5 -0. X. RESOLUTIONS The City Clerk read Resolution 85, 2010 by title. a. RESOLUTION 85, 2010 — POLICE PENSION BOARD REAPPOINTMENTS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RE- APPOINTING TWO (2) MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF PALM BEACH GARDENS POLICE OFFICERS' PENSION FUND; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presentation: None. Public Comment: None. Councilmember Jablin made a motion for approval of Resolution 85, 2010. Vice Mayor Premuroso seconded. Motion passed 5 -0. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION a. Councilmember Jablin discussed the possibility of annexing Eastpointe_ Council reached consensus on directing City Manager Ferris to look into the possibility of annexing Eastpointe and Old Marsh and provide a report. b. Councilmember Tinsley discussed the change to one City Council meeting per month beginning in January 2011. XIL CITY ATTORNEY REPORT None. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 12.02.10 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 XIII. ADJOURNMENT Councilmember Jablin made a motion to adjourn. Vice Mayor Premuroso seconded. Motion passed 5 -0. The meeting adjourned at 7:49 p.m. The next regularly scheduled City Council meeting will be held December 16, 2010. APPROVED- David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 12.02.10 PAGE 4 PROCLAMA TION STA TE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, the City of Palm Beach Gardens supports programs that focus on health, wellness, and healthier lifestyles and believes there are important, long -term community benefits to be gained by encouraging a healthy lifestyle; and WHEREAS, the City of Palm Beach Gardens strives to provide safe places for its residents to be active such as in parks, ball fields, pools, gyms, and recreation centers; and WHEREAS, the City of Palm Beach Gardens promotes physical activity by providing various youth and adult recreation and wellness programs, as well as operating and maintaining 365 acres of active and passive recreation space throughout the City that include community centers, athletic fields, and parks; and WHEREAS, the City of Palm Beach gardens provides recreation programs that can span a lifetime at its Golf Course, Tennis Center, and Aquatic Complex; and WHEREAS, the City of Palm Beach Gardens provides access to healthy and affordable food such as fruits and vegetables by operating a green market each Sunday from October through April each year and encourages healthy consumption at the Riverside Youth Enrichment Center by educating students on the importance of healthy eating; and WHEREAS, the City of Palm Beach Gardens provides specific provisions in its land development regulations for community gardens, which in turn provides communities with the opportunity to grow their own affordable fruits and vegetables, and can help address issues of poor nutrition by increasing residents ' consumption of fresh produce; and NOW, THEREFORE, 1, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim December 2010 as: Let's Move Campaign Kickoff Month in the City of Palm Beach Gardens and urge all citizens to support measures to encourage healthy, active lifestyles as set forth by the First Lady of the United States ofAmerica in the Let's Move campaign. Attes W 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 16`h day of December in the Year Two Thousand and Ten. Patricia Snider, CMC, City Clerk Mayor David Levy CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 16, 2010 Petition No. REZN- 10 -10- 000010 Ordinance 27, 2010 Subject/Agenda Item: Ordinance 27, 2010: Parcel 18A.07 Rezoning Second Reading and Consideration for Adoption: A request by 95 Hood, LLC. for a rezoning from Palm Beach County Residential Single Family (RS) and Residential Estate (RE) to City of Palm Beach Gardens Residential Low, up to four (4) units per acre (RL -2) for Parcel 18.A07, a 12.39 -acre parcel generally located on the northwest corner of Hood Road and the Florida Turnpike. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council Action: Director f Pi nning & Planning & Zoning: Acco ntant [ ] Approved Zoni Project Manager � g A [ ] pp. w/ conditions Sarah Varga [ ] Denied NkaTigft Wong, AICP [ ] Rec. approval City Aft Martin Schneider, Fees Paid: Yes [ ] Rec. app. w/ conds. AICP [ ]Rec. Denial Planner Funding Source: [ ] Continued to: R. Max Lohman, Esq. [X] Quasi — Judicial [ ] Operating [ ] Legislative [X] Other NA Development Compliance [X] Public Hearing Advertised: Attachments: /V/14 /V/14 Budget Acct. #: [X] Required NA * Application Bahareh Wolfs, AICP Date: 12.1.2010 & .Location Map . Current Future Land 12.10.2010 Use Map Paper: Palm Beach . Current Zoning Map Reso ce Manager Post . Proposed Zoning Map • Ordinance 27, 2010 Allyson Black Approved By: Affected parties: City Mana er [X] Notified ] Not Required Ronal M. F rris Meeting Date: December 16, 2010 Ordinance 27, 2010 Page 2 of 5 BACKGROUND Parcel 18.A07 is a 12.39 -acre site located at the northwest corner of Hood Road and the Florida Turnpike (see Location Map, attached. The subject site is presently a vacant, wooded parcel of land, which was annexed into the City on June 17, 2010. The Future Land Use (FLU) designation of the subject site was amended from Palm Beach County (PBC) Low Residential, two (2) units per acre (LR -2), to City of Palm Beach Gardens Residential Low (RL), up to four (4) units per acre, on October 21, 2010. The FLU amendment to RL was approved by City Council, after review by the Department of Community Affairs and the Treasure Coast Regional Planning Council, neither of which had any adverse comments or objections regarding the amendment. The City's Comprehensive Plan requires that rezoning of a newly annexed site be initiated upon the effective date of the Future Land Use amendment. In addition, the City's Zoning Map is required to be consistent with the Future Land Use Map. Therefore, the proposed rezoning request has been submitted to change the zoning of the subject property from PBC Residential Single Family (RS) and Residential Estate (RE) to City Residential Low, up to four (4) units per acre (RL -2). The proposed rezoning request will assign the subject property a zoning district consistent with its Future Land Use designation, as required by the City's Comprehensive Plan. No development plans have been submitted at this time. LAND USE & ZONING The subject site currently has two (2) Palm Beach County zoning designations: Residential Single Family (RS) for the southernmost 10.0 + /- acres, and Residential Estate (RE) for the northernmost 2.4 +/- acres. County zoning designations do not determine density, but refer back to the future land use designation, which in this case was Low Residential, two (2) units per acre (LR -2). This petition will provide a City zoning designation of Residential Low, up to four (4) units per acre (RL -2) to the recently annexed site. The subject site is adjacent to the Florida Turnpike to the east, Hood Road to the south, and the Eastpointe Country Club, located in unincorporated Palm Beach County, to the north and west. The existing uses, zoning districts, and future land use designations of adjacent properties are summarized in Table 1. (The remainder of this page intentionally left blank) Meeting Date: December 16, 2010 Ordinance 27, 2010 Page 3 of 5 TABLE 1. ZONING CLASSIFICATIONS AND LAND -USE DESIGNATIONS EXISTING USE ZONIN( Subject Property RS; RE Vacant Palm Beach ( North Residential Low (Eastpointe RE Country Club) Palm Beach ( Palm Beach County West Residential Low (Eastpointe RS; RE Country Club) Palm Beach Palm Beach County South Hood Road; Marsh Pointe PCD Elementary School Palm Beach G Palm Beach Gardens East Turnpike; Vacant (Briger Tract) PCD /MX Palm Beach Gardens Palm Beach G Notes: County designations: Residential Single Family (RS) Residential Estate (RE) Low Residential, 2 units per acre (LR -2) City designations: Residential Low (RL) Planned Community Development (PCD) Mixed Use (MXD) CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The proposed rezoning is consistent with the City's Comprehensive Plan. The proposed RL -2 zoning district (which allows up to four (4) units per acre) is consistent with the subject site's Future Land Use designation of RL (which also allows up to four (4) units per acre). The Comprehensive Plan also requires compatibility with the densities and intensities of surrounding land uses. The proposed rezoning is compatible with the adjacent low density residential land use designation to the south (Marsh Pointe Elementary School), the MXD land use designation to the east (currently vacant), and the low density residential neighborhood (Eastpointe) to the west and north. Meeting Date: December 16, 2010 Ordinance 27, 2010 Page 4of5 LEVEL OF SERVICE (LOS) ANALYSIS As part of the subject site's recently approved Future Land Use Amendment to Residential Low (RL), a Level of Service (LOS) analysis was conducted. The FLU amendment to the subject site met the LOS standards established in the City's Comprehensive Plan, and there were no adverse impacts on the adopted LOS standards for water, sewer, solid waste, parks and recreation, schools, police and fire services, or traffic. The service providers confirmed that there will be adequate capacity available for water, sewer, solid waste, parks and recreation, schools, and police and fire services to service the subject site. However, even though capacity is available, no capacity has been reserved for the site. The subject site's proposed zoning designation allows the same potential maximum density, and will have the same potential impacts, as its FLU designation. Since the rezoning request to RL -2 is consistent with the density of the recently approved Comprehensive Plan amendment to RL, there are no additional LOS concerns and no additional LOS analysis is required. CONCURRENCY Concurrency is not required at the time of rezoning. The applicant is not requesting approval of a concurrency certificate at this time. As stated above, the proposed rezoning is consistent with the recently approved FLU designation and meets the City's LOS requirements. However, the applicant will still need to meet all concurrency requirements when a site plan petition is submitted. Approval of the proposed rezoning request in no way assures the applicant that public services and facilities will be available at the time of development, nor does it vest the property for concurrency. A concurrency certificate is required to reserve capacity. Capacity reservation is granted on a first -come, first - served basis. The date and time that an applicant's concurrency certificate is issued will establish when capacity of public facilities is granted. STAFF ANALYSIS The proposed rezoning to RL -2 is compatible with the adjacent properties and with the City's Comprehensive Plan. RL -2 (which allows up to four (4) units per acre) is consistent with the FLU designation of the subject site, and compatible with the neighboring Eastpointe Country Club. As stated, the applicant is not proposing any development plans at this time, and site plan submission is not required at the time of rezoning. Rezoning to RL -2 will assign an appropriate City zoning category to the newly annexed parcel as required by the Comprehensive Plan, while allowing the applicant to market the residentially zoned property without having to prepare an expensive development plan prematurely. Therefore, RL -2 is determined to be the most appropriate zoning district for the subject site. If a development plan is submitted for the subject site, it will need to go through the City's review process. This process includes a publicly noticed Development Review Committee Meeting Date: December 16, 2010 Ordinance 27, 2010 Page 5 of 5 (DRC) meeting, at which time City staff from various departments and relevant outside agencies will review and comment on the proposed plan. After all comments have been addressed, the site plan will be scheduled for a public meeting of the Planning, Zoning, and Appeals Board (PZAB), for recommendation to the City Council. The City Council will then make a final determination to approve, approve with conditions, or deny the site plan at a public meeting. Public notice will be required for each of these meetings. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The subject petition was reviewed by members of the DRC Committee on October 22, 2010. No comments or objections were received. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On November 9, 2010, the Planning, Zoning, and Appeals Board (PZAB) unanimously recommended approval of the petition to City Council. CITY COUNCIL ACTION On December 2, 2010, the City Council recommended approval of the petition on first reading by a vote of 5 to 0. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 27, 2010 as presented on second reading. f CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799 -4243 Fax (561) 799 -4281 Request: QPlanned Community Development (PCD) aPlanned Unit Development (PUD) 7 Amendment to PCD, PUD or Site Plan aConditional Use Amendment to the Comprehensive Plan L_jAdministrative Approval QAdministrative Appeal Project Name: Hood West QAnnexation ✓[]Rezoning (Site Plan Review Liconcurrency Certificate Time Extension Miscellaneous QOther Date Submitted: Owner: 95 Hood, LLC Applicant (if not Owner): Jose M. Martinez Applicant's Address: 7855 NW 12th St. Miami, FI 33126 Telephone No. 305 593 -0002 Agent: Jose M. Martinez Contact Person: Jose M. Martinez E -Mail: j•m.martinez @bellsouth.net Agent's Mailing Address: JM Advisors, Suite 217 • 7855 NW 12th Street • Miami, F! 33126 Agent's Telephone Number: 305 593 -0002 office 786 525 -9623 cellular FOR OFFICE USE ONLY Petition Number: Date & Time Received: Fees Received Application $ Engineering $ Receipt Number: CITY =. `SL �e' CITY OF' PALM BCH GD 0-1- u 2010 PLANNING 8 ZONING none Architect: Engineer: none Planner: none Landscape Architect: none Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General Location: Northwest Corner of the intersection of Hood Road and the Florida Turnpike Address: Not available 27 & 43 41 south 42 Section: Township: Range: Property Control Number(s): 00- 42- 41- 34 -00- 000 -1030 and 00- 42- 41- 27 -00- 000 -5010 12.388 Acreage: County RS / RE RL -2 Current Zoning: Requested Zoning: Flood Zone B Base Flood Elevation (BFE) — to be indicated on site plan 18.6 NGVt Current Comprehensive Plan Land Use Designation: County LR2 residential Low vacant City RL Residential Low Existing Land Use: Requested Land Use: Proposed Use(s) i.e. hotel, single family residence, etc.: Single family Proposed Square Footage by Use: Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 3 to 4 units per acre Justification 2 Information concerning all requests (attach additional sheets if needed.) (Section 78 -46, Application Procedures, Land Development Regulations) 1. Explain the nature of the request: as required to complete the annexation process 2. What will be the impact of the proposed change on the surrounding area? NONE the zoning is consistent with the city's future land use. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. The zoning request is consistent with the city's vision and comprehensive plan. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78 -301, Land Development Regulations)? currently there is no development plan for the site but the owner agrees to comply with all natural resource agency requirements when preparing plan for submittal 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? N/A 6. Has project received concurrency certification? No Date received: Legal Description of the Subiect Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0 mile(s) from the intersection of Hood road and the Florida turnpike , on thelzlnorthoastf3outh,west side of the intersection (street/road). Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority, personally appeared Nate Ward who, being by me first duly sworn, on oath deposed and says: m flit Palm Beach Gardens Growth Management Department ( � h 10500 North Military Trail, Palm Beach Gardens, FL 33410 561 - 799 -4230 1a Permit # Financial Responsibility Form The owner understands that all City- incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest - bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and /or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and /or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and /or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re- imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner /designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth Man990hent Department if the name and/or address of the responsible party changes at anytime duji h1 "ppj4cationjview process. Owner signature Date Nate Ward 00424134000001030 and 00424127000005010 Owner printed name DESIGNEE /BILL TO: 95 Hood LLC 505 S. Flagler Drive, Suite 1400 Property Control Number Designee Acceptance Signature Palm Beach Florida NOTARY ACKNOWLEDGEMENT STATE OF COUNTY OF 1-bAVY_l C%t �✓�1 I hereby certify that the foregoing instrument was acknowledged before me this'41-day of t�k�vti�l �c?r" 20 _W,, by i 4&� ,\CL vi V�AV-Q . He or she is personally known to me or has produced as identification. NOTARY PUBLIGSTATG OF FLORIDA (Votary public signature ,, Danielle l errera M Commission #DD983866 ✓ BONDED rHxv eruti rtc r; Pvt cOco.,Owc. Printed name State of �ly r �C.\o. at -large My Commission expires: L­1 1ZtA "A 0 t-- L d Z m it �j �i 0 0 —:z 0 f 1 A L CL V) LU m ry LiJ _j F- LL- < J 0 LJJ ui JCS 1.,,. . 0 L o CL CL < a� C. 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U5 CO 2 ry 0 w C LL w LL ly- LZI CY CL 00 Xc) L LLJ Z h uj U7z V) J C) -�7, T - - - - - - - - xl Ali 6 ail F RV ES e I P1 " .-Sj" , Mtj :IRE 2! 1 13 Ir It d erl't Jj i .1 lei R i jv" P1 I I In A C li -�7, T - - - - - - - - xl Ali 6 ail F RV ES e I P1 " .-Sj" , Mtj :IRE 2! 1 13 Ir It d erl't Jj i .1 lei R i jv" P1 I I In A C kl -�7, T - - - - - - - - xl Ali 6 ail F RV ES e I P1 " .-Sj" , Mtj :IRE 2! 1 13 Ir It d erl't Jj i .1 lei R i jv" P1 I I In A C 4w LUTIA FINSBURY CT N '0 W Z� W fn H Z V Z L ZO m O g W f m oI .`OJG z w �n ►0 4 HOOD RD�� ,; O1 -- _ -- w UL ti ISLE VERDE WAY' GOLDEN EAGLE CIR ky �. o. g, `r ISLE VERDE ®r. 18A07 LR -2 - LOW RESIDENTIAL. 2 UNITS PER ACRE N REZN- 10 -10- 000010 PARCEL 18.A07 �RL ;- ESIDENTIALLOW MUT - UTILITIESANDTRANSPORTATION OMUNCIPAL BOUNDARY RL- RESIDENTIAL LOW FUTURE LAND USE MAP (AS OF OCT 21, 2010) UNINCORPORATED PBC MXD - MIXED USE City of Palm Beach Gardens '^ Palm Beach County, Florida o 125 250 500 750 1,000 y Feet Created October 15, 2010 Source: PBG- Planning &Zoning RE m ISLE VERDE WAY ISLE VERDE WAY RE PCD I„ l r P' BPARCEL i8.A07 RE - RESIDENTIAL ESTATE DISTRICT MUNICIPAL BOUNDARY MRS- SINGLE FAMILY RESIDENTIAL DISTRICT UNINCORPORATED PBC RM - RESIDENTIAL MEDIUM DENSITY -PCD- PLANNED COMMUNITY DEVELOPMENT 0 125 250 Soo 750 1,000 Feet Created October 15, 2010 Source: PBG-Planning &Zoning REZN- 10 -10- 000010 PARCEL 18.A07 a EXISTING ZONING MAP City of Palm Beach Gardens Palm Beach County, Florida RE PCD I„ l r P' BPARCEL i8.A07 RE - RESIDENTIAL ESTATE DISTRICT MUNICIPAL BOUNDARY MRS- SINGLE FAMILY RESIDENTIAL DISTRICT UNINCORPORATED PBC RM - RESIDENTIAL MEDIUM DENSITY -PCD- PLANNED COMMUNITY DEVELOPMENT 0 125 250 Soo 750 1,000 Feet Created October 15, 2010 Source: PBG-Planning &Zoning FINSBURY CT W a A D 0 �O n o HOOD RD O U- ISLE VERD�E_IWAY v , o � a N m ISLE VERDDIE Y I PCD ®PARCEL 18.A07 i RE - RESIDENTIAL ESTATE DISTRICT REZN- 10 -10- 000010 PARCEL 18.A07 iRLI SRS- SINGLE FAMILY RESIDENTIAL DISTRICT 3MUNI CIPAL BOUNDARY iRM- RESIDENTIAL MEDIUM DENSITY PROPOSED ZONING MAP UNINCORPORATED PBCi PCD- PLANNED COMMUNITY DEVELOPMENT City of Palm Beach Gardens Palm Beach County, 0 125 250 500 750 1,000 y' Feet Created October 15, 2010 Source: PSG - Planning &Zoning 1 2 ORDINANCE 27, 2010 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA REZONING ONE (1) PARCEL OF 7 REAL PROPERTY CONSISTING OF APPROXIMATELY TWELVE 8 AND 391100 (12.39) ACRES, MORE OR LESS; SUCH PARCEL 9 BEING LOCATED GENERALLY AT THE NORTHWEST CORNER 10 OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA 11 TURNPIKE, INFORMALLY KNOWN AS "PARCEL 18.A07 ", AS 12 MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM 13 BEACH COUNTY RESIDENTIAL SINGLE FAMILY (RS) AND 14 RESIDENTIAL ESTATE (RE) TO CITY OF PALM BEACH GARDENS 15 RESIDENTIAL LOW, UP TO 4 UNITS PER ACRE (RL -2) ZONING 16 DISTRICT; PROVIDING FOR REVISIONS TO THE ZONING 17 DISTRICT MAP; PROVIDING A CONFLICTS CLAUSE, A 18 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 19 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 20 21 22 WHEREAS, the City of Palm Beach Gardens received a request (Petition 23 Number REZN- 10 -10- 000010) from 95 Hood, LLC for a rezoning from Palm Beach 24 County Residential Single Family (RS) and Residential Estate (RE) to City of Palm 25 Beach Gardens Residential Low, up to 4 units per acre (RL -2) for Parcel 18.A07, a 26 12.39 -acre parcel generally located on the northwest corner of Hood Road and the 27 Florida Turnpike, as more particularly described herein; and 28 29 WHEREAS, the subject site was annexed into the City of Palm Beach Gardens 30 on June 17, 2010; and 31 32 WHEREAS, the subject site was assigned a City of Palm Beach Gardens future 33 land use designation of Residential Low (RL) on October 21, 2010; and 34 35 WHEREAS, the proposed rezoning of Residential Low, up to 4 units per acre 36 (RL -2) is consistent with the future land use designation of Residential Low (RL); and 37 38 WHEREAS, the Planning and Zoning Department has reviewed the application, 39 has determined that it is sufficient, and has recommended approval; and 40 41 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 42 November 9, 2010, and has recommended approval of the rezoning to the City Council 43 with a vote of 7 — 0; and 44 45 46 47 Page 1 of 4 Ordinance 27, 2010 1 WHEREAS, the City Council, as the governing body of the City of Palm Beach 2 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 3 Statutes, and the City's Land Development Regulations, is authorized and empowered 4 to consider petitions related to zoning and land development orders; and 5 6 WHEREAS, the City Council has considered the evidence and testimony 7 presented by staff and other interested parties and the recommendations of the various 8 City of Palm Beach Gardens and Palm Beach County reviewing agencies; and 9 10 WHEREAS, based upon such evidence and testimony the City Council has 11 determined that this Ordinance is consistent with the City's Comprehensive Plan based 12 on the following findings of fact: 13 14 1. The proposed rezoning of Residential Low, up to 4 units per acre (RL -2) is 15 consistent with the future land use designation of Residential Low (RL); and 16 17 2. The proposed rezoning is in harmony with the general purpose and intent of 18 the Comprehensive Plan and the Land Development Regulations, and is 19 compatible with the intensity and density of the surrounding, existing, and 20 future land uses; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of 24 Palm Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. That certain parcel of real property located within the corporate limits 33 of the City of Palm Beach Gardens comprised of approximately twelve and 39/100 (12.39) 34 acres, more or less, in size located at the northwest comer of Hood Road and the Florida 35 Turnpike, informally known as "Parcel 18.A07 ", and currently zoned Palm Beach County 36 Residential Single Family (RS) and Residential Estate (RE) is hereby zoned Residential 37 Low, up to 4 units per acre (RL -2) and is legally described as follows: 38 39 See Exhibit "A ", attached hereto and incorporated herein. 40 41 SECTION 3. The City Manager is hereby authorized and directed to make 42 appropriate changes on the zoning district map of the City to effectuate the purpose of 43 this Ordinance. 44 45 SECTION 4. All ordinances or parts of ordinances in conflict be and the same 46 are hereby repealed. 47 Page 2 of 4 Ordinance 27, 2010 1 SECTION 5. Should any section or provision of this Ordinance or any portion 2 thereof, any paragraph, sentence, or word be declared by a Court of competent 3 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 4 this Ordinance. 5 6 SECTION 6. This Ordinance shall become effective immediately upon the date a 7 final order is issued by the Department of Community Affairs or Administration 8 Commission finding Ordinance 12, 2010 in compliance in accordance with Section 9 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, 0 development permits, or land uses dependent on this amendment may be issued or 1 commence before it has become effective. 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 (The remainder of this page intentionally left blank) Page 3 of 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 Ordinance 27, 2010 PASSED this c2wo day of 2010, upon first reading. PASSED AND ADOPTED this day of , 2010, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney GAattorney_ share \01RDINANCES\2010 \Ordinance 27 2010 - rezoning parcel 18A07.doc Page 4 of 4 Ordinance 27, 2010 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 27 AND 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH HALF (S 'h) OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 27, TOWNSHIP 41 SOUTH, RANGE 42 EAST, TOGETHER WITH THE EAST HALF (E %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHEAST QUARTER (NE' /) OF SECTION 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST. CONTAINING 539,627 SQUARE FEET OR 12.39 ACRES, MORE OR LESS. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 16, 2010 Petition SPLA- 10 -10- 000020 Resolution 91, 2010 Subject/Agenda Item: Resolution 91, 2010: Outdoor Accessory Structure at Midtown — Major Site Plan Amendment Consideration for Approval: A request by Mainstreet at Midtown, LP, to approve an outdoor accessory structure in an existing plaza area between Cantina Laredo and III Forks. The Midtown PUD is located on the north side of PGA Boulevard west of Gardens Square Shoppes. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council Action: Planning and Zoning: [ ] Approval City Aa Senior [ ] Approval w/ Conditions Resource Manager: A_cc nt [ ] Denial [ ] Rec. approval R. M I- man, Esq. Tresha Thomas [ ] Rec. app. w/ conds. Allyson Black Development [ ] Rec. Denial Compl' ce: [ ]Continued to: / l Project Manager: Funding Source: [ ] Operating BA&reh K. Wolfs, AICP Director of Planning and Kathryn Wilson [X] Other NA Zon'n [X] Quasi — Judicial Budget Acct. #: [ ] Legislative [X] Public Hearing N/A 14yaylie Wong, AICP Fees Paid: Yes Advertised: Attachments: [ ]Required • Location Map [X] Not Required : Project Narrative Resolution 92, 2004 Approved By: • Resolution 91, 2010 City M r . Development Plans Affected Parties: [ ] Notified Ronal M. rris [X] Not Required Meeting Date: December 16, 2010 Resolution 91, 2010 Page 2 of 6 BACKGROUND On August 5, 2004, the Borland Center (a.k.a. Midtown) was rezoned to a Mixed Use Planned Unit Development (MXD /PUD) by Ordinance 13, 2004 and Resolution 92, 2004. The approvals allowed for 64,025 square feet of retail /commercial use, 19,950 square feet of restaurant use, 10,900 square feet of professional office use, a 64,533 - square -foot cultural center and church, and 225 multi- family units. In November 2009, the development order was amended via Resolution 94, 2009 in order to modify condition of approval No. 41 regarding the project's off -site mitigation parcel. The subject request approves an outdoor accessory structure in an existing plaza area between the Cantina Laredo and III Forks Steakhouse restaurants (Buildings M and N). LAND USE & ZONING The subject site has a zoning designation of MXD with a PUD Overlay and an underlying designation of MXD. The Future Land Use designation of the site is MXD. The parcel is located within the PGA Overlay and therefore subject to the list of permitted uses. The outdoor accessory structure is consistent with the Development Order, Zoning District, and the PGA Overlay. Table 1. Surroundinq Zoninq & Land Use Desiqnations EXISTING USE ZONING FUTURE LAND USE Subject Property PUD /MXD within the PGA Midtown Boulevard Overlay MXD North Residential — Garden Residential Medium (RM) Residential Medium (RM) Lakes South MXD within the PGA PGA Commons (south of Boulevard Overlay MXD PGA Boulevard) East General Commercial Garden Square Shoppes (CG1) within the PGA Commercial (C) Boulevard Overlay West Residential — Gardens of Residential Medium (RM) Residential Medium (RM) Woodber Meeting Date: December 16, 2010 Resolution 91, 2010 Page 3 of 6 CONCURRENCY The subject request does not propose any modifications to the existing concurrency approvals. The 169 square feet will be used from the unallocated retail square footage. PROJECT DETAILS Site Details and Access The Midtown PUD is approximately 47 acres in size and located on the north side of PGA Boulevard, between Gardens Square Boulevard and Shady Lakes Drive (see attached Location Map). The site has two (2) vehicular access points on PGA Boulevard and two (2) additional points on Gardens Square Boulevard. Proposed Improvements The Applicant is proposing an outdoor accessory structure within the plaza area between Cantina Laredo and III Forks steakhouse. The structure will act as an accessory use to the existing restaurants that are permitted within the subject site. The structure is located behind the existing 55 -foot landscape buffer along PGA Boulevard which will provide screening to passing vehicular traffic. The occupied area is approximately 169 square feet in size and will contain no more than 20 seats. A small fountain feature is also proposed to be located within the walkway area leading up to the structure from the parking lot between two (2) existing Date Palms (see attached Development Plans). The structure will be accessible to patrons entering from within or from directly outside either of the two (2) restaurants. Both restaurants maintain 4COP SRX liquor licenses, which require the establishments to produce food sales of at least 51 percent. This information is provided and recorded by the State of Florida. As part of the liquor license process, both restaurants will be required to modify their existing licenses to allow for alcohol service to their outdoor seating areas. The addition of an outdoor structure to the liquor license in no way changes the required percentage of food sales. Both restaurants will operate in the same manner they do today with respect to food and alcohol sales. Please note that the adjacent restaurants (Cantina Laredo and III Forks Steakhouse) have the same parent company; therefore, both restaurants are able to share the use of the outdoor structure to serve their patrons. Security The proposed outdoor structure is ancillary to two (2) existing full- service restaurants and will only operate during normal restaurant hours. The structure will be properly secured when the restaurants are closed to prevent any robberies or vandalism. Any kitchen supplies, beverage containers, and bar supplies will be removed every evening and stored securely inside the main restaurant. All furniture will be stored inside the Meeting Date: December 16, 2010 Resolution 91, 2010 Page 4 of 6 restaurant in the same manner as the existing outdoor furniture. To provide further security, the City of Palm Beach Gardens Police Department routinely patrols the property, and Midtown employs maintenance staff who remain on site until all the businesses and restaurants are closed each day. Maintenance The accessory structure includes copper wires at the peak of the canopy to discourage birds from landing on the structure. The canopy fabric will be fire repellant, impermeable, and will be coated with an easy wash surface, which can be power sprayed to remove any stains or bird droppings. This is consistent with the maintenance of all existing awnings within the Midtown project. In addition, two (2) conditions of approval have been included to require continued maintenance of the canopy and the outdoor area as a whole. Condition No. 4 requires the outdoor structure to be kept orderly and in good repair, and Condition No. 7 requires the canopy to be removed in the event of a tropical storm or hurricane. Architecture The structure will consist of an off -white canvas roof awning, granite counter tops, and a tan stucco finish underneath the counter top (see attached Colored Renderings). Parking The Midtown project has approximately 878 square feet of unallocated retail entitlements remaining for the site. The 169 square feet needed for the outdoor dining area will be taken from the unallocated retail use (see Tables 2 and 3 below). Table 2. Sauare Footaae Allocation Use Approved Entitlement Current Allocation Proposed Allocation Retail 53,200 SF 52,322 SF 52,491 SF Unallocated Retail ___ 878 SF 709SF Restaurant 20,211 SF 20,211 SF 20,211 SF Professional Office 11,039 SF 11,039 SF 11,039 SF Medical Office 10,000 SF 10,000 SF 10,000 SF Total 94,460 SF 94,460 SF 94,460 SF Meeting Date: December 16, 2010 Resolution 91, 2010 Page 5 of 6 Table 3_ Current Restaurant - Retail Allocation Signage No signage is proposed for the subject petition. Landscaping /Buffer n�(C One (1) Crape Myrtle tree will be relocated to an area within the landscape buffer due to the construction of the structure. No other landscape changes are proposed. Phasing The Applicant is riot proposing to phase the improvements. Drainage No changes to the existing drainage are proposed with the subject petition. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On October 20, 2010, the subject petition was reviewed by the DRC. No objections were received. At this time, all comments related to the project have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On November 9, 2010, the subject petition was reviewed by the PZAB. The Board unanimously recommended approval to the City Council with a suggestion that the Applicant look at protective treatments from birds. While not part of the final motion, one (1) member of the Board suggested the Applicant consider an awning color other than black to reduce the amount of heat generated from the dark color. Permitted Proposed Commercial Area 941460 SF 941460 SF 25% Restaurant Retail 23,615 SF 15,294 SF (16 %) Saito's Restaurant 6,425 SF Pizza Fusion 2,500SF Field of Greens 1,800 SF Chipotle 2,400 SF Building K 102 405 2,000 SF Building N — Outdoor Accessory Structure 169 SF Total 15,294 SF Signage No signage is proposed for the subject petition. Landscaping /Buffer n�(C One (1) Crape Myrtle tree will be relocated to an area within the landscape buffer due to the construction of the structure. No other landscape changes are proposed. Phasing The Applicant is riot proposing to phase the improvements. Drainage No changes to the existing drainage are proposed with the subject petition. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On October 20, 2010, the subject petition was reviewed by the DRC. No objections were received. At this time, all comments related to the project have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On November 9, 2010, the subject petition was reviewed by the PZAB. The Board unanimously recommended approval to the City Council with a suggestion that the Applicant look at protective treatments from birds. While not part of the final motion, one (1) member of the Board suggested the Applicant consider an awning color other than black to reduce the amount of heat generated from the dark color. Meeting Date: December 16, 2010 Resolution 91, 2010 Page 6 of 6 Considering the Board's input, the Applicant has changed the color of the canvas awning to an off -white color (see attached Colored Renderings) and added copper wires at the peak of the canopy to discourage birds from landing on the structure. Additionally, the canopy fabric will be fire repellant, impermeable, and will be coated with an easy wash surface, which can be power sprayed to remove any stains or bird droppings. This is consistent with the maintenance of all existing awnings within the Midtown project. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 91, 2010 as presented. 300502684 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 12 Terms and provisions contained in Memorandum of Agreement for Purchase and Sale recorded in Official Records Book 13684, Page 1229, 13 Environmental Resource Permit Notice with South Florida Water Management District recorded in Official Records Book 16615, Page 1538. 14 Drainage Easement to Borland Center Owners Association, Inc., a Florida corporation, recorded in Official Records Book 17794, Page 1700. 15 Terms and provisions contained in Memorandum of Developer Agreement recorded in Official Records Book 17938, Page 1702. 16 Terms and provisions of the Restrictive Covenants and Easements contained in Warranty Deed recorded in Official Records Book 11025, Page 1180 and affected by Affidavit recorded in Official Records Book 13026, Page 1290. 17 Terms and provisions of the Restrictive Covenants and Easements contained in Warranty Deed recorded in Official Records Book 11417, Page 293. NOTE: All of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless otherwise indicated. End of Schedule B - Section 2 NOTE: On loan policies, junior and subordinate matters, R any, will not be reflected in Schedule B. area 4ae 30 300502684 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number H. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. Standard Exceptions: a.Rights or claims of parties in possession not shown by the Public Records. b.Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. c.Easements, or claims of easements, not shown by the Public Records. d.Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. e.Taxes or special assessments which are not shown as existing liens by the Public Records. f.Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. g.Taxes and assessments for the year 2005 and subsequent years. 3 Standard exceptions (b) and (c) may be removed from the policy when a satisfactory survey and surveyor's report and inspection of the premises is made. 4 Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit - indemnity from the party shown in title and in possession stating who is in possession of the lands and whether there are improvements being made at date of commitment or contemplated to commence prior to the date of closing which will not have been paid for in full prior to the closing. 5 Easement to Florida Power and Light Company recorded in Official Records Book 1400, Page 365. 6 Right of way of Viewed and Posted Road, as set forth in minutes of the County Commissioners Book 9, Page 434, as conveyed by County Deed recorded in Official Records Book 9013, Page 1150, and as depicted on the Plat of Shady Lakes recorded in Plat Book 43, Page 6. 7 Matters contained in Notice of Disclosure of Taxing Authority by Northern Palm Beach County Water Control District recorded in Official Records Book 6318, Page 1373. 8 Utility Easement to Seacoast Utility Authority recorded in Official Records Book 9905, Page 567. 9 Easement Agreement to City of Palm Beach Gardens recorded in Official Records Book 10623, Page 1863. 10 Terms and provisions contained in Declaration of Covenants and Restrictions recorded in Official Records Book 11417, Page 289. 11 Notice and Disclosure of Taxing Authority by Northern Palm Beach County Improvement District recorded in Official Records Book 12732, Page 1073 and Supplemental Notice and Disclosure of Assessments recorded in Official Records Book 14383, Page 1000. NOTE: On ban policies, Junior and subordinate matters, if any, will not be reflected in Schedule B. ARa2 4M 311 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 Commitment Number I. The following are requirements to be complied with: Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. a)Warranty Deed from Palm Beach Community Church, Inc., a Florida not for profit corporation to City of Palm Beach Gardens, conveying the land described in Schedule A. 2 Payment of the full consideration to, or for the account of, the grantors or mortgagors. 3 Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4 Satisfactory proof of compliance with the provisions of Florida Statute 196.295(1), 5 Certified copy of Resolution of the Board of County Commissioners of The City of Palm Beach Gardens authorizing subject transaction to be recorded in the Public Records of Palm Beach County, Florida. 6 Satisfactory evidence must be furnished showing that Palm Beach Community Church, Inc., a not for profit corporation organized under the laws of Florida, is currently in good standing in that state. Payment of real estate taxes and assessments for the year 2004. 8 Proof of payment of all pending or certified municipal and/or county charges or special assessments. End of Schedule B - Section 1 ins, vo,sa 300502684 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Office File Number 888040.00001 Policy or Policies to be issued: OWNER'S POLICY (10- 17 -92) with Florida Modifications Proposed Insured: City of Palm Beach Gardens Effective Date February 28, 2005 atl1:00 pm 1. '300502684 Commitment Number To be determined 2. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple, and title thereto is at the effective date hereof vested in: Palm Beach Community Church, Inc., a Florida not for profit corporation 3. The Land is described as follows: A strip of land 50.00 feet in width in Section 1, Township 42 South, Range 42 East, City of Palm Beach Gardens, Palm Beach County, Florida, being specifically described as follows: The North 2586.49 feet of the South 2646.49 feet of the West 50.00 feet of the Southwest one - quarter of Section 1, Township 42 South, Range 42 EV6 City of Palm Beach Gardens, Palm Beach County, Florida. Note This Commitment consists of insert pages labeled in Schedule A. Schedule B- Section 1, and Schedule B- Section 2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages Incorporated by reference in the insert pages. ARA 4/" 35 STANDARD EXCEPTIONS FOR OWNER'S POLICY The owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof and to the following exceptions: (1) rights or claims of parties in possession not shown by the public records; (2 ) encroachments, overlaps, boundary line disputes, and any ,natters which would be disclosed by an accurate survey and inspection of the premises; (3) easements, or claims of easements, not shown by the public records; (4) any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records; (S) taxes or special assessments which are not shown as existing liens by the public records. CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commit- ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Sphedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. AMERICAN LAND TITLE ASSOCIATION COMMITMENT — 1966 CHICAGO TITLE INSURANCE COMPANY Lornmi�tne Na 3005`2 -G64 COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Issued Byt Holland & Knight LLP 222 Lakeview Avenue, Suite 1000 West Palm Beach, FL 33401 (661) 833 -2000 Authorized Signatory CHICAGO TITLE INSURANCE COMPANY By: "�467'r President By: ATTEST S-mury Form C 3360 (Reprinted 10/W) ALTA Commitment - 1966 American Land Title Association Holland Knight March 30, 2005 Christine Tatum City of Palm Beach Gardens 1050 N. Military Trail Palm Beach Gardens, FL 33410 Re: Borland Center Dear Chris: Tel 561 833 2000 Holland & Knight LLP Fax 561 650 8399 222 Lakeview Avenue. Suite 1000 West Palm Beach. FL 33401 www.hktaw.com Steve Cohen 561650 -8360 steve.cohen@hklaw.com Attached is a title commitment in favor of the City of Palm Beach Gardens with respect to the special warranty deed for the additional right of way of Shady Lakes Drive. Please let me know if you need anything further. Sincerely, Holl & Knight LLP Steve Cohen Enclosure M 2731625_vl Annapolis • Atlanta • Bethesda • Boston • Bradenton • Chicago • Fort Lauderdale • Jacksonville • Lakeland • Los Angeles Miami • New York • Northern Virginia • Orlando • Portland • Providence • Rancho Santa Fe • Sacramento • St. Petersburg San Antonio - San Francisco • Seattle • Tallahassee • Tampa • Washington. D.C. • West Palm Beach -ab. Date Prepared: April 8, 2004 1 RESOLUTION 92, 2004 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE 6 RESIDENTIAL REQUIREMENT WITHIN A MIXED USE PROJECT 7 TO ALLOW FOR A MIXED USE PLANNED UNIT DEVELOPMENT 8 (PUD) UTILIZING NON - RESIDENTIAL MIXED USE INTENSITIES 9 AND MEASURES; APPROVING THE MASTER DEVELOPMENT 10 PLAN FOR THE APPROXIMATELY 47 -ACRE PROPERTY, KNOWN 11 AS THE BORLAND CENTER / PALM BEACH COMMUNITY 12 CHURCH (A.K.A. PARCEL 6.01A), LOCATED ALONG THE NORTH 13 SIDE OF PGA BOULEVARD BETWEEN GARDENS SQUARE 14 BOULEVARD AND SHADY LAKES DRIVE, AS DESCRIBED MORE 15 PARTICULARLY HEREIN, TO ALLOW THE DEVELOPMENT OF 16 64,533 SQUARE FEET FOR A CULTURAL CENTER AND CHURCH 17 FACILITIES (500 -SEAT SMALL THEATER / CHURCH FACILITY 18 WITH ACCESSORY USES AND 300 -SEAT BANQUET HALL), 19 64,025 SQUARE FEET FOR RETAIL / COMMERCIAL USE, 19,950 20 SQUARE FEET FOR RESTAURANT USE, 10,900 SQUARE FEET 21 FOR PROFESSIONAL OFFICE USE, AND 225 MULTI - FAMILY 22 UNITS; GRANTING CONDITIONAL USE APPROVAL FOR A 500- 23 SEAT SMALL THEATER USE / CHURCH AND 300 -SEAT BANQUET 24 FACILITY ; PROVIDING FOR WAIVERS; PROVIDING FOR 25 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE 26 DATE. 27 28 29 WHEREAS, the City Council, as the governing body of the City of Palm Beach 30 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 31 Statutes, and the City's Land Development Regulations, is authorized and empowered 32 to consider petitions related to zoning and land development orders; and 33 34 WHEREAS, the Palm Beach Gardens Comprehensive Plan provides for a waiver 35 from the residential component, thereby allowing a mixed use project to utilize non - 36 residential mixed use intensity measures; and 37 38 WHEREAS, the Growth Management Department has reviewed the proposed 39 master site plan for consistency with the criteria established by the City's 40 Comprehensive Plan to determine the compatibility of the development with the 41 surrounding future land use and /or existing development; and 42 43 WHEREAS, the Growth Management Department has determined that said 44 application, as proposed for development, meets two of the four criteria necessary for 45 the waiver to allow non - residential mixed use intensities within a Mixed Use Planned 46 Unit Development (PUD) project as required by the Comprehensive Plan; and Date Prepared: July 15, 2004 Resolution 92, 2004 1 WHEREAS, the City received petition PUD -01 -13 from Cotleur Hearing, agent 2 for Palm Beach Community Church, for master development approval to allow the 3 development of 64,533 square feet (500 -seat small theater / church facility with 4 accessory uses and a 300 -seat banquet hall) for a cultural center and church facilities, 5 64,025 square feet for retail / commercial use, 19,950 square feet for restaurant use, 6 10,900 square feet for professional office use, and 225 multi - family units, a Conditional 7 Use (CU) for a 500 -seat small theater and church and a 300 -seat banquet facility, on an 8 approximately 47 -acre site located along the north side of PGA Boulevard between 9 Gardens Square Boulevard and Shady Lakes Drive, as more particularly described 10 herein; and 11 12 WHEREAS, the subject site has been zoned to Mixed Use Planned Unit 13 Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD); and 14 15 WHEREAS, the Master Development Plan was reviewed by the Planning and 16 Zoning Commission at a public hearing conducted on February 24, 2004; and 17 18 WHEREAS, the 500 -seat small theater / church and a 300 -seat banquet facility 19 have been reviewed as a Conditional Use (CU) and have met the conditional use 20 criteria per Section 78 -52 of the City's Land Development Regulations; and 21 22 WHEREAS, the City Council has considered the evidence and testimony 23 presented by the Petitioner and other interested parties and the recommendations of 24 the various City of Palm Beach Gardens review agencies and staff; and 25 26 WHEREAS, the City Council has determined that this Resolution is consistent 27 with the City's Comprehensive Plan based on the following findings of fact: 28 29 1. The applicant has satisfied the criteria established in Section 78- 157(g)(1) 30 of the City's Land Development Regulations and Policy 1.1.1.3 of the Land 31 Use Element of the City's Comprehensive Plan for the requested waiver. 32 33 2. The applicant has met the intent of the City's Comprehensive Plan, and the 34 proposed development is consistent with the Comprehensive Plan. 35 36 3. The applicant has demonstrated compliance with the conditional use criteria 37 specific to the proposed conditional uses of the 500 -seat small theater 1 38 church and a 300 -seat banquet facility. 39 40 4. The proposed uses are not a detriment to the public safety and welfare 41 within the City of Palm Beach Gardens. 42 43 5. The applicant has provided adequate screening and buffering in order to 44 mitigate the impact of the proposed uses. 45 46 2 Date Prepared: July 15, 2004 Resolution 92, 2004 1 6. The proposed uses are in harmony with the general purpose and intent of 2 the Code. 3 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 6 OF PALM BEACH GARDENS, FLORIDA that: 7 8 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 9 10 SECTION 2. The City Council hereby approves a waiver pursuant to Section 78- 11 157, Code of Ordinances to waive the mandatory residential requirement. The non - 12 residential waiver is specifically limited to the approved master site plan approved 13 herein and its compatibility with the surrounding area based on the proposed intensities 14 and densities of the development. Any amendments, revisions, and /or redesign of the 15 project shall require a reevaluation of the criteria applied to the proposed amendments, 16 revisions, and /or redesigning of the project. 17 18 SECTION 3. The Master Development Plan application of Cotleur Hearing, agent 19 for Palm Beach Community Church / Borland Center, is hereby APPROVED on the 20 following described real property, to permit the following development: 21 22 • 64,533 square feet for a cultural center and church facilities (500 -seat small 23 theater / church facility with accessory uses and a 300 -seat banquet hall) 24 • 64,025 square feet for retail / commercial use 25 • 19,950 square feet for restaurant use 26 • 10,900 square feet for professional office use and 225 multi - family units 27 • a Conditional Use (CU) for a 500 -seat small theater / church and 300 -seat 28 banquet facility 29 30 on an approximately 47 -acre site located along the north side of PGA Boulevard 31 between Gardens Square Boulevard and Shady Lakes Drive, including the list of uses 32 for the PUD attached hereto as Exhibit "A ", and subject to the conditions of approval 33 contained herein, which are in addition to the general requirements otherwise provided by 34 ordinance: 35 36 LEGAL DESCRIPTION: 37 38 A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 39 EAST; WITHIN THE MUNICIPAL LIMITS OF TH E CITY OF PALM BEACH GARDENS, 40 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED 41 AS FOLLOWS: 42 43 THAT PART OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 1, 44 TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST 45 RIGHT -OF -WAY LINE OF MILITARY TRAIL; LESS AND EXCEPTING THEREFROM 46 THE PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN 3 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 Date Prepared: July 15, 2004 Resolution 92, 2004 PLAT BOOK 34, AT PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY OF THE WESTERLY ELONGATION OF THE NORTH LINE OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER (SW %) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR P.G.A. BOULEVARD RIGHT -OF -WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE RIGHT -OF -WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS. LAND USE /PLANNING Prior to issuance of the first building permit, the applicant shall comply with Section 78 -262 of the City Code dealing with Art in Public Places. The applicant shall provide art on site or make a payment in lieu of art. The Art in Public Places Committee shall review and make a recommendation to the City Council on any proposed art on site. If the applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning) 2. Medical or Dental Office Use is not allowed unless the applicant submits a traffic equivalency analysis for review and approval by the City Engineer and Traffic Consultant. The applicant shall also be required to demonstrate compliance with parking requirements of the City Code. (Planning & Zoning) 3. Prior to issuance of a clearing permit, the applicant shall coordinate an on -site meeting with the City Forester to confirm that existing and proposed landscaping, as reflected on the proposed landscape plan, effectively screens all parking areas from any right -of -way, while remaining in compliance with CPTED principals incorporating view corridors for security purposes. (City Forester) 4. Prior to issuance of a clearing permit, the applicant shall indicate on the site plan the location of a transit stop and shelter along PGA Boulevard or provide staff with verification that a transit stop is not required. If required by the Palm Beach County Transit Authority, the applicant shall provide an application for administrative approval to approve the location and detailed plans and elevations consistent with Council's past approvals of such shelters and shall be responsible for the construction of said shelter prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning) 4 Date Prepared: July 15, 2004 Resolution 92, 2004 1 5. Within sixty (60) days of the effective date of this Resolution, the applicant shall 2 submit a master signage program for the Planning, Zoning and Appeals Board and 3 City Council review and approval. (Planning & Zoning) 4 5 6. Prior to the issuance of each occupational license or building permit for interior 6 renovations of tenant spaces, the applicant or its agent shall submit a breakdown 7 by use of the gross square footage for lease for approval by the Planning and 8 Zoning Division. (Planning & Zoning) 9 10 7. Prior to issuance of the first Certificate of Occupancy, the applicant shall dedicate 11 the posted and viewed Shady Lakes Drive right -of -way to the City of Palm Beach 12 Gardens. (Planning & Zoning) 13 14 LANDSCAPE/BUFFERING 15 16 8. Within thirty (30) days of the effective date of this Resolution, the petitioner shall 17 revise the master site plan to include an on -site preserve area or an on -site native 18 plant restoration plan to provide on -site preservation area in an approximate 19 location adjacent to Shady Lakes Drive or as acceptable to City staff. The 20 applicant shall complete the planting of the approved area of upland native 21 vegetation based on the restoration plan prior to issuance of the first Certificate of 22 Occupancy. (City Forester) 23 24 9. Prior to issuance of the clearing (land alteration) permit or first building permit, the 25 project subdivision plat shall be completed, approved by City Council, and 26 recorded. The upland preserve area shall be free of any encumbrances, including, 27 but not limited to, road rights -of -way, drainage easements, and /or utility 28 easements and shall bear a conservation easement. (City Forester) 29 30 10. Within ninety (90) days of the effective date of this approval, the applicant shall 31 provide the City, for review and approval, an upland preserve management plan 32 which details how the preserve will be created /restored and managed. (City 33 Forester) 34 35 11. Prior to the issuance of the first Certificate of Occupancy, the creation /restoration 36 of the upland preserve area shall be completed and approved by the City Forester. 37 (City Forester) 38 39 12. The applicant shall be required to provide pedestrian scale (maximum twelve -foot 40 height) lighting along the pedestrian pathways along PGA Boulevard, Garden 41 Square Boulevard, and Shady Lakes Drive adjacent to its property. The updated 42 lighting plan for the meandering pedestrian sidewalk within the parkway /preserve 43 area shall be submitted within thirty (30) days of approval of the date of this 44 Resolution. (Planning & Zoning) 45 46 Date Prepared: July 15, 2004 Resolutlon 92, 2004 1 13. The applicant, successors, or assigns shall be responsible for the landscape 2 maintenance of the medians (including irrigation) and road shoulders of those 3 sections of public rights -of -way adjacent and /or contiguous to the Borland Center 4 for Community Enrichment Planned Unit Development (PUD), including: 6 a. PGA Boulevard from Shady Lakes Drive to Garden Square Boulevard (the 7 applicant shall pay the City 50% of the total cost of maintenance of the 8 median). 9 10 b. Shady Lakes Drive (both east and west sides) from PGA Boulevard to the 11 northern terminus of its property at the time of said approval. 12 13 c. Garden Square Boulevard (west side) from PGA Boulevard to the northern 14 terminus of its property. (City Forester) 15 16 14. The petitioner, successors, and assigns shall be responsible for the maintenance 17 and installation of the lighting, landscaping, hardscaping, and irrigation of the 18 areas along the adjacent roadways as required by Condition No. 13 hereinabove. 19 (City Forester) 20 21 15. The applicant shall install the landscaping and irrigation for the PGA Boulevard 22 Parkway, the Shady Lakes Drive, and Garden Square Boulevard buffers within six 23 (6) months of the issuance of the clearing permit, or no further permits or 24 inspections will be issued for the project site until said landscaping and irrigation 25 are completed. (City Forester) 26 27 16. The applicant shall convert the existing on -site PGA Boulevard Parkway irrigation 28 and Shady Lakes Drive irrigation from reclaimed water to a private water source. 29 In the event that the capacity for reclaimed water is available and able to service 30 the subject site, the applicant may convert the systems back to utilize reclaimed 31 water. (City Forester) 32 33 17. In the event the City of Palm Beach Gardens, or another entity, forms a special 34 district pertaining to the landscape maintenance of contiguous rights -of -way, then 35 the Borland Center for Community Enrichment property owners association, 36 successors, or assigns shall automatically become a member of such special 37 district. This condition may be amended at any time by separate agreement 38 between the applicant and the City of Palm Beach Gardens. (City Forester) 39 40 41 42 43 44 45 46 6 Date Prepared: July 15, 2004 Resolution 92, 2004 1 ENGINEERING/TRANSPORTATION 2 3 18. Prior to construction plan approval, the applicant needs to identify existing and 4 proposed handicap ramp locations on the construction plans. Handicap ramps 5 shall be provided at all sidewalks that intersect curbing along handicap - accessible 6 routes as required by ADA. The handicap ramps shall be labeled with the curb 7 ramp number from FDOT Index #304, and the applicant shall provide a detail of 8 each proposed curb ramp type. (City Engineer) 9 10 19. Prior to the issuance of the first building permit for any structure, the applicant 11 shall provide surety, acceptable to the City, for the construction of the public 12 improvements. The applicant shall provide an annual evaluation and adjustment 13 of the surety for the public improvements to account for inflation and fluctuations of 14 construction costs. The annual evaluation and adjustment shall be performed 15 prior to the anniversary of the Development Order approval of each year. (City 16 Engineer) 17 18 20. No construction or land alteration of any portion of the surface water management 19 system shall be undertaken until an environmental resource permit for construction 20 and operation of the Surface Water Management System, or portion thereof, is 21 issued by the South Florida Water Management District. (City Engineer) 22 23 21. The applicant shall copy to the City all correspondence to and from the South 24 Florida Water Management District regarding the Surface Water Management 25 System. (City Engineer) 26 27 22. The construction, operation, and/or maintenance of any elements of the subject 28 project shall not have any negative impacts on the existing drainage of 29 surrounding areas, including, but not limited to, Shady Lakes Drive, Military Trail, 30 and PGA Boulevard during construction. If at any time during the project 31 development it is determined by the City that any of the surrounding areas are 32 experiencing negative drainage impacts caused by the project, it shall be the 33 applicant's responsibility to cure said impacts in a period of time and manner 34 acceptable to the City prior to additional construction activities. (City Engineer) 35 36 23. All areas designated for maintenance of the Surface Water Management System 37 shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than 38 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the 39 maintenance areas in a manner that will in any way restrict, impede, or otherwise 40 limit the use of these areas for this intended purpose. (City Engineer) 41 42 TRAFFIC 43 44 24. The Build Out date is December 31, 2004. (Planning & Zoning and City Engineer) 45 46 7 Date Prepared: July 15, 2004 Resolution 92, 2004 1 25. The applicant shall submit any /all requests for build out date extensions to the 2 Palm Beach County Traffic Division and the City of Palm Beach Gardens for a 3 coordinated review and approval. (City Engineer) 4 5 26. Prior to any future amendments that increase the building area, the applicant shall 6 submit an updated traffic analysis to the Palm Beach County Traffic Division and 7 the City of Palm Beach Gardens for a coordinated review and approval. The 8 analysis shall utilize actual traffic counts generated at the time of the amendment 9 and during the peak season if the amendment is submitted off season. If 10 requested by the City, the analysis shall include an updated traffic management 11 plan. (City Engineer) 12 13 27. Prior to any future amendments, the applicant shall permit the City access to the 14 site in order to perform traffic counts. (City Engineer) 15 16 28. Upon receipt of this development order and continuing through substantial 17 completion of construction, the petitioner shall bi- annually provide the City with a 18 status report on all the approved elements of the PUD, including a summary of 19 completed construction and schedule of proposed construction over the remaining 20 life of the development order. (Planning & Zoning and City Engineer) 21 22 29. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Prior to the issuance of the first building permit or within six (6) months from the effective date of this approval, whichever is earlier, the applicant shall enter into a Public Facility Agreement (PFA) with Palm Beach County for funding of the roadway improvements, in a form acceptable to the County Engineer, for all non - assured construction. (City Engineer) 30. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. (City Engineer) 31. The applicant shall signalize the intersection of Shady Lakes Drive and PGA Boulevard within twelve (12) months of the date of this development order. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, and lighting. The signal shall be made active once the intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida Department of Transportation. (City Engineer) 32. Commencing after the issuance of certificates of occupancy for 75% (154 dwelling units) of the residential units or 75% of the approved non - residential square footage in the project, whichever occurs first, the applicant shall perform and submit an annual Signal Warrant Study for the intersections of 1) Shady Lakes Drive and PGA Boulevard and 2) Military Trail and Garden Lakes Drive. The methodology of the traffic analysis shall be determined by the City Engineer. The annual traffic analysis shall be conducted until such time as signals are warranted 8 Date Prepared: July 15, 2004 Resolution 92, 2004 1 at the above - described intersections or until two (2) years after issuance of 2 certificates of occupancy for 90% of the total approved square footage (i.e., 3 residential and non - residential) of the project. (City Engineer) 4 5 33. The City shall reimburse the applicant for the cost of the signal and installation to 6 the extent that the City collects pro -rata funds from other new developments 7 having an impact on the intersections. (City Engineer) 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 34. Prior to the issuance of the first building permit, the applicant shall post a bond or other surety acceptable to the City in an amount equal to 110% of the cost, as determined by the City Engineer, to install a traffic signal at the intersection of Shady Lakes Drive and PGA Boulevard. This bond shall be maintained until the signal is installed and accepted as required in Condition #32 hereinabove. (City Engineer) 35. At such time as a signal warrant analysis demonstrates that a signal is needed at Military Trail and Garden Lakes Drive, applicant shall post a bond or other surety acceptable to the City in an amount equal to 110% of the cost, as determined by the City Engineer, to install a traffic signal at that intersection. (City Engineer) MISCELLANEOUS 36. The proposed master site plan does not provide for outdoor dining areas that expand the service abilities of the restaurant uses. Requests for outdoor seating areas with service shall be reviewed as an application for administrative approval to the Growth Management Department and shall be required to include a traffic equivalency analysis showing the proposed expansion of the restaurant use for review and approval by the City Engineer and Traffic Consultant. The applicant shall also be required to demonstrate compliance with the parking and outdoor seating requirements of the City Code. (Planning & Zoning) 37. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIS Manager and Development Compliance Officer) 38. Prior to the issuance of the first building permit, excluding the clearing permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) E Date Prepared: July 15, 2004 Resolution 92, 2004 1 39. Prior to issuance of the first building permit, the petitioner shall submit to the City 2 Attorney and the Planning and Zoning Division documents demonstrating unity of 3 control by the petitioner or the property owners association over the entire PUD. 4 (City Attorney) 5 6 40. The petitioner shall preserve all required upland preserve set aside, no less than 7 4.33 acres, on the east side of Shady Lakes Drive, free of all encumbrances, 8 including, but not limited to, road rights -of -way, drainage easements, and /or utility 9 easements. Provided, however, that the petitioner may provide no more than 3.39 10 acres of the required upland mitigation off site, subject to approval by the City 11 Council of a separate instrument and subject to conditions, including, but not 12 limited to, the following: the location, ratio, and management. If off -site mitigation 13 is provided, the petitioner shall be required to preserve /restore the 0.94 -acre area 14 east of Shady Lakes Drive, as depicted on the Master Site Plan dated April 20, 15 2004. (Planning & Zoning) 16 17 41. In the event that off -site mitigation is provided through a conservation easement 18 and the underlying property is conveyed to the South Florida Water Management 19 District or other entity, the petitioner, successors, and assigns shall be responsible 20 for paying the City $250,000 for money in lieu of off -site mitigation within ninety 21 (90) days of the sale date. The petitioner shall, prior to the issuance of the first 22 building permit, post a bond or other surety acceptable to the City to secure this 23 obligation. (Planning & Zoning) 24 25 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) 26 27 42. Lighting shall not conflict with landscaping, including long -term tree growth. (Police 28 Department) 29 30 43. All lighting for parking lots, parking garages, and pedestrian walkways shall be metal 31 halide. Metal halide lighting shall be used for the multi -use pathways, and sidewalks 32 within the site shall be lit at a minimum of 0.6 -foot candles with 12 -foot high 33 pedestrian scale lighting. (Police Department) 34 35 44. Building lighting shall be installed around the entire building perimeter and on 36 pedestrian walkways. No glare lighting shall be used. (Police Department) 37 38 45. Entry signage shall be lighted. (Police Department) 39 40 46. Timer clock or photocell lighting shall be provided for nighttime use above or near 41 entryways and all exits including emergency exits. (Police Department) 42 43 47. Numerical addresses shall: 44 45 a. Be illuminated for nighttime visibility and be unobstructed. 46 10 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 Date Prepared: July 15, 2004 Resolution 92, 2004 b. Have bi- directional visibility from the roadway. c. Be placed at the front and rear of each business. (Police Department) 48. All structures shall use the following target hardening techniques: a. Buildings shall be pre -wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180 - degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non - removable hinge pins. (Police Department) 49. Exterior roll -up doors shall be target hardened. (Police Department) 50. If the applicant proposes the installation of an ATM, security shall be achieved by using the following techniques: a. Visible from roadway(s). b. Not obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install a slow speed video camera that is recording 24 -hours a day. d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of video recording. e. Install and strategically place a convex mirror to allow operator of the ATM to identify any approaching person(s) and /or potential suspect(s). f. Comply with Section 655.960 -965, Florida Statutes, relating to ATMs. (Police Department) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following seven (7) waivers: 1. Section 78- 344(1)(1), Minimum Dimensions, to allow for 9 feet wide parking stalls within the parking deck only and 9.5 feet for the area on the north side of the residential buildings. 11 Date Prepared: July 15, 2004 Resolution 92, 2004 1 2. Section 78- 250(a)(3), Preserve area requirements, to allow for a reduction in the 2 preserve area width from 100 feet to 80 feet in the preserve along Shady Lakes 3 Drive. 4 5 3. Section 78- 320(a)(4), Foundation Landscaping and Plantings, to allow for limited 6 use of foundation plantings throughout the site. 7 8 4. Section 78- 364(a), Dimensions of Loading Spaces, to allow for only four reduced - 9 width loading spaces to be used in accordance with the loading management plan 10 provided by the applicant. 11 12 5. Section 78- 344(1)(3), Parking Stall and Bay Dimensions, to allow for reduced 25- 13 feet side travel aisles throughout the parking garage. 14 15 6. Section 78- 508(b), New Intersections, to allow for a reduced separation distance 16 of 125 feet between the southern -most ingress /egress point of the site and Garden 17 Square Shops driveway. 18 19 7. Section 78- 250(a), Preserve area requirements, to allow for off -site mitigation in 20 lieu of on -site preserve area for 1.57 acres of the required set aside to a 3.39 -acre 21 site. 22 23 SECTION 5. This PUD approval shall be in compliance with the following plans 24 on file with the City's Growth Management Department: 25 26 1. Cover Sheet, 04.20.04, Cotleur- Hearing, Sheet 1 of 11. 27 28 2. Master Site Plan, 04.20.04, Cotleur- Hearing, Sheet 2 of 11. 29 30 3. Land Use Plan, 04.20.04, Cotleur- Hearing, Sheet 3 of 11. 31 32 4. Thoroughfare Plan, 04.20.04, Cotleur- Hearing, Sheet 4 of 11. 33 34 5. Site Plan, 04.20.04, Cotleur- Hearing, Sheet 5 of 11. 35 36 6. Site Plan, 04.20.04, Cotleur- Hearing, Sheet 6 of 11. 37 38 7. Site Details, 04.20.04, Cotleur- Hearing, Sheet 7 of 11. 39 40 8. Enlarge Hardscape Plan, 04.20.04, Cotleur- Hearing, Sheet 8 of 11. 41 42 9. Landscape Plan, 04.20.04, Cotleur- Hearing, Sheet 9 of 11. 43 44 10. Landscape Plan, 04.20.04, Cotleur- Hearing, Sheet 10 of 11. 45 46 11. Landscape Details, 04.20.04, Cotleur- Hearing, Sheet 11 of 11. 12 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 Date Prepared: July 15, 2004 Resolution 92, 2004 12. Pedestrian Circulation Plan, 04.20.04, Cotleur- Hearing, Sheet 1 of 1. 13. Retail Elevations & Floor Plans, 12.20.02 (Stamped 03.15.04), Marc Wiener, 5 Sheets. 14. Retail Building 'C', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 C. 15. Retail Building 'D', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 D. 16. Retail Building 'E', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 E. 17. Retail Kiosk 'A' & 'L', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 A/L. 18. Retail Building 'F', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 F. 19. Retail Building 'H', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 H. 20. Retail Building 'J', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 J. 21. Retail Building 'K', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 K. 22. Retail Building 'M', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 M. 23. Retail Building 'N', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 N. 24. Retail Building'O', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 O. 25. Cabana /Garages / Pavillion, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 CGP. 26. Parking Structure, 12.20.02 (Stamped 03.15.04), Marc Wiener, 1 Sheet (MW PS- 1). 27. Residential Building 'R1' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A2.01 R1 through A2.03 R1 & A3.01 I. 28. Residential Building 'R2' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A2.01 R2 through A2.03 R2 & A3.01 R2. 29. Residential Building 'R3' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A2.01 R3 through A2.03 R3 & A3.01 R3. 30. Photometric Plans, 03.12.04, Brannon & Gillespie, EP -1 through EP -7. SECTION 6. This Resolution shall become effective immediately upon adoption. 13 Date Prepared: July 15, 2004 Resolution 92, 2004 1 PASSED AND ADOPTED this s'„ day of ����� -r , 2004. 2 3 4 5 CITY OF P 6 7 8 BY:_ 9 10 ATTEST: 11 _ 12 13 BY: 14 Patricia Snider, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 /20 21 BY: 22 Christine P. Tatum, City Attorney 23 24 25 26 VOTE: AYE 27 28 MAYOR JABLIN ✓ 29 30 VICE MAYOR RUSSO 31 32 COUNCILMEMBER DELGADO 33 34 COUNCILMEMBER LEVY 35 36 37 38 39 40 41 42 43 44 45 46 NAY ABSENT 47 \ \pbpsfileWtbmey�attomey _share\RESOLUTIONS\borland center • reso 92 2004 - REVISED.doc 14 S, FLORIDA IMF LOCATION MAP Midtown 4801 PGA Boulevard Cotleur& HearingLandscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic # LC- C000239 Midtown (A.K.A. BORLAND CENTER) Site Plan Amendment Introduction Mainstreet at Midtown Limited Partnership, the applicant, is seeking approval of a site plan amendment to the Midtown PUD. The approved plan was adopted by City Council on August 5th, 2004 by way of Ordinance 13 -2004. The purpose of this amendment is to add an outdoor bar to the plaza area between III Forks and Cantina Laredo restaurants. Specific Requests and Fees Site Plan Amendment Legal Review Escrow TOTAL Contact Information Agent /Land Planner /Landscape Architect Cotleur & Hearing, Inc. 1934 Commerce Lane, Suite 1 Jupiter, FL 33458 Phone: (561) 747 -6336 Fax: (561) 747 -1377 Contact: Donaldson Hearing /Alessandria Kalfin Request $2,475.00 $1,000.00 $3,475.00 Applicant Mainstreet at Midtown LP 4801 PGA Boulevard Palm Beach Gardens, FL 33418 Phone: (561) 630 -6110 Fax: (561) 282 -4830 Contact: Robert Skinner Per code section 78 -49 Amendments to approved development orders, any increase in the number of structures that will alter the intent of the plan is considered a major amendment. The application is proposing a site plan amendment for a new outdoor bar structure to be located between III Forks and Cantina Laredo, two anchor restaurants in Midtown. The purpose of the outdoor bar is to cater to the customers of both restaurants in the outdoor seating areas. Neither restaurant has outdoor bar service at this time but it is a service that is requested by customers very often. Currently a customer must order from the indoor bar and then walk outside to the outdoor seating area. This can be discouraging for a customer when they know that they can receive bar service outside across the street. The proposed outdoor bar will be consistent in design with the two restaurant buildings surrounding the structure. Colors and materials have been chosen to ensure the bar blends in with the architecture. The base of the bar will be tan stucco and the bar top will be black granite. The columns inside the bar will be painted black to be consistent with the awnings on both the III Forks and Cantina Laredo restaurants. A fabric structure will be anchored to existing buildings above the bar for shade. The structure is open at Midtown — Outdoor Bar CH# 98- 1205.01 Site Plan Amendment October 8, 2010 October 19, 2010 the top to allow for air flow. The bar will be hidden from PGA Boulevard due to the dense 55 -foot landscaped overlay. The applicant is also proposing a new fountain feature within proximity to the bar. The fountain will sit between two existing Date Palms. One Crate Myrtle tree will need to be relocated due to the construction of the bar and the fountain. The tree has been relocated to an area close by within the PGA Blvd buffer. The proposed bar is 13 -feet by 13 -feet for a total of 169 square feet including 12 bar seats. The applicant proposes to use unallocated retail entitlement for the outdoor bar area. There is a total of 878 SF of unallocated (but entitled) retail entitlement remaining for the site. USE APPROVED ENTITLEMENT CURRENT ALLOCATION PROPOSED ALLOCATION RETAIL 53,200 SF 52,322 SF 52,491 SF UNALLOCATED RETAIL - -- 878 SF 709 SF RESTAURANT 20,221 SF 20,221 SF 20,221 SF PROFESSIONAL OFFICE 11,039 SF 11,039 SF 11,039 SF MEDICAL OFFICE 10,000 SF 10,000 SF 10,000 SF BUILDING K 102 -105 2,000 SF BUILDING N OUTDOOR BAR TOTAL 94,460 SF 94,460 SF 94,460 SF Less then 25% of the total commercial area has been allocated towards retail- restaurant use (16 %), therefore the applicant is requesting to allocate 169 square feet of the unallocated retail as retail - restaurant use. Conclusion On behalf of Midtown, III Forks and Cantina Laredo, we feel that the tastefully designed outdoor bar will be a great asset for the business in Midtown. Residents will appreciate the service provided in this intimate fine dining setting. The Applicant is looking forward to working closely with Staff throughout the review process. We PERMITTED PROPOSED COMMERCIAL AREA 94,460 SF 94,460 SF 25% RESTAURANT RETAIL 23,615 SF 15,294 SF (16 %) SAITO'S RESTAURANT 6,425 SF PIZZA FUSION 2,500 SF FIELD OF GREENS 1,800 SF CHIPOTLE 2,400 SF BUILDING K 102 -105 2,000 SF BUILDING N OUTDOOR BAR 169 SF TOTAL 15,294 SF Conclusion On behalf of Midtown, III Forks and Cantina Laredo, we feel that the tastefully designed outdoor bar will be a great asset for the business in Midtown. Residents will appreciate the service provided in this intimate fine dining setting. The Applicant is looking forward to working closely with Staff throughout the review process. We 1 RESOLUTION 91, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN 6 AMENDMENT TO THE MIDTOWN PLANNED UNIT DEVELOPMENT 7 (PUD), LOCATED AT 4801 PGA BOULEVARD, AS MORE 8 PARTICULARLY DESCRIBED HEREIN, TO ADD AN OUTDOOR 9 ACCESSORY STRUCTURE IN THE PLAZA BETWEEN CANTINA 10 LAREDO AND III FORKS STEAKHOUSE; PROVIDING CONDITIONS 11 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR 12 OTHER PURPOSES. 13 14 15 WHEREAS, the City Council adopted Ordinance 13, 2004 and Resolution 92, 16 2004 approving the Borland Center (a.k.a. Midtown) PUD to allow for 64,025 square 17 feet of retail /commercial use, 19,950 square feet of restaurant use, 10,900 square feet 18 of professional office use, a 64,533- square foot cultural center and church, and 225 19 multi - family units; and 20 21 WHEREAS, Resolution 94, 2009 was adopted to modify condition of approval 22 No. 41 regarding the project's off -site mitigation parcel; and 23 24 WHEREAS, the subject parcel has a Mixed Use (MXD) zoning designation with a 25 PUD overlay and a Future Land Use designation of Mixed Use (MXD); and 26 27 WHEREAS, the Planning and Zoning Department has reviewed the application, 28 has determined that it is sufficient, and has recommended approval; and 29 30 WHEREAS, the City Council has considered the evidence and testimony 31 presented by the Applicant and other interested parties and the recommendations of 32 the various City of Palm Beach Gardens review agencies and staff; and 33 34 WHEREAS, the City Council deems approval of this Resolution to be in the best 35 interests of the health, safety, and welfare of the residents and citizens of the City of 36 Palm Beach Gardens and the public at large. 37 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF PALM BEACH GARDENS, FLORIDA that: 41 42 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 43 44 45 46 47 Page 1 of 4 Resolution 91, 2010 1 SECTION 2. The request by Mainstreet at Midtown, LP for approval of an outdoor 2 accessory structure in an existing plaza area between and immediately adjacent to the 3 two (2) individual tenant spaces currently occupied by Cantina Laredo and III Forks 4 Steakhouse is hereby APPROVED on the following described real property: 5 6 See Exhibit "A" for the Legal Description. 7 8 SECTION 3. This approval is subject to the following conditions, which shall be 9 the responsibility of the Applicant, its successors, or assigns: 10 11 1. Prior to the issuance of the Certificate of Completion, digital files of the 12 approved civil design and architectural drawings, including floor plans, shall 13 be submitted. (GIS Manager, Development Compliance Manager) 14 15 2. There shall be no more than 20 seats permitted or used in conjunction with 16 the outdoor accessory structure /outdoor dining area approved by this 17 application. (Planning & Zoning) 18 19 3. No signage, lettering, or advertising shall be permitted on the furniture except 20 for small labels 2" x 3.5" in size, which may be permanently attached to the 21 furnishings to identify ownership for security purposes per LDR Section 78- 22 191(c)(6). (Planning & Zoning) 23 24 4. The outdoor accessory structure and roof canopy shall be kept clean, orderly, 25 in good repair, and free of clutter, litter or debris at all times. (Planning & 26 Zoning) 27 28 5. The subject outdoor accessory structure shall only be used or operated 29 individually by one, or jointly by both, of the tenants of the immediately 30 adjacent tenant spaces currently occupied by Cantina Laredo and III Forks 31 Steakhouse. The subject structure shall not be used or operated as a free - 32 standing or stand -alone structure or use and may only be used and /or 33 operated as an accessory structure and use. (Planning & Zoning) 34 35 6. Within 24 hours of an announced tropical storm or hurricane by the National 36 Hurricane Center, which places the City within the "3 -day cone of probability," 37 the roof awning associated with the outdoor structure shall be removed. 38 (Planning & Zoning) 39 40 7. Prior to the issuance of a building permit, the Applicant shall schedule and 41 attend a pre - permit meeting with City staff. (Planning & Zoning) 42 43 8. Prior to the commencement of construction, the Applicant shall schedule a 44 pre- construction meeting with City staff. (City Engineering) 45 46 Page 2 of 4 Resolution 91, 2010 1 9. This approval is specifically conditioned upon compliance with Section 78- 2 191, Outdoor Seating of the City's Land Development Regulations. Any 3 violation of the conditions set forth hereinabove or Section 78 -191 may result 4 in this approval being rendered null and void. (Planning & Zoning) 5 6 SECTION 4. This petition is approved subject to strict compliance with Exhibit 7 "B" attached hereto and made a part hereof as follows: 8 9 1. Revised Perspective and Material Board, Sheet 1 of 1, prepared by GHA 10 Architecture/ Development, dated October 21, 2010. 11 12 2. Patio Bar Elevations, Sheet A2, prepared by GHA Architecture / 13 Development, dated October 26, 2010. 14 15 3. Patio Materials and Finishes Specifications, Pages 1 through 10 of 10, 16 prepared by GHA Architecture /Development, dated October 21, 2010. 17 18 4. Cover Sheet, Sheet 1 of 1, prepared by Cotleur and Hearing, dated October 19 21, 2010. 20 21 5. Outdoor Seating Location Plan, Sheet 1 of 1, prepared by Cotleur and 22 Hearing, dated October 21, 2010. 23 24 6. Site Plan, Sheet 6 of 11 prepared by Cotleur and Hearing, dated October 21, 25 2010. 26 27 7. Hardscape Plan Plaza, Sheet H7 of 17, prepared by Cotleur and Hearing, 28 dated October 21, 2010. 29 30 8. Landscape Plan, Sheet L3 of 21, prepared by Cotleur and Hearing, dated 31 October 21, 2010. 32 33 SECTION 5. This Resolution shall become effective immediately upon adoption. 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 Page 3 of 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 91, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: 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 TINSLEY CITY OF PALM BEACH GARDENS, FLORIDA In David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \Resolution 91 2010 -outdoor accessory structure at midtown.doc Page 4 of 4 Resolution 91, 2010 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST RIGHT -OF -WAY LINE OF MILITARY TRAIL; LESS AND EXCEPTING THEREFROM THE PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO LESS THAT PORTION LYING NORTHERLY OF THE WESTERLY ELONGATION OF THE NORTH LINE OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER (SW'/) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR P.G.A. BOULEVARD RIGHT -OF -WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1378, PAGE 145, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE RIGHT -OF -WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS. r m do E ° m CL V) N 7 � b m rn J D a W o ? -° Z x v (D o m IA L, = M.. c co 2 LL J t L 2 O� a� ei M n 5 j 7 L .J L L v \� g 0 o i L E � 1 � y i a + J u L L z� Q U 2 0 W - a 1 01'[Z'01 MlAh NV]d aoi 03nssi CD Q O � - �� s� �7 � O O Y ,Y -,lyty U x o 0 ^ CD g W� g; 0 m� �0 WO rc__ O II 11 � lr_- MM W S T J 0 0 o � a Q U b 3a _$ Q W �a m m a a a- a 5 Z Z O 0 < s$ �� s m V N i w� 4'W v ae m W �OJ a 3 0 �m �iR1 err r+� 5 yyya! !i J9��1yy 3 e e L L [� W OEM Cantina LAREDO gourmet mext< on rood MX -1 Canvas Canopy Fabric Awning Manufacturer: Sun Square Awning Sails Canvas Manufacturer: Sattler 321 Product Name: Firemaster Plus - canvas fabric Color: 324010 Natural Note : Refer to Plans for detail Contact : Marqueritte Ramos (Shade Fla) Phone: (305) - 3897444 Patio Materials and Finishes Specifications - Palm Beach,Fl. Revised 10 -21 -10 1 GHA Architecture /Development — Dallas, Texas �A LA Cantina LAREDO gourmet mezican food Paint & Stain - PX -1 Manufacturer: Product Name: Product No.: Finish: Location: Contact: Phone: Sherwin Williams Camelback SW 6122 Bar Front & Fountain Base John Gaston (214) 553 -3940 Patio Materials and Finishes Specifications - Palm Beach,Fl. Revised 10 -21 -10 2 GHA Architecture /Development — Dallas, Texas =�A] S "r LA Cantina LAREDO gourmet mesican food Paint & Stain - PX -Z Manufacturer: Sherwin Williams Product Name: Black of Night Product No.: SW 6993 Finish: Location: Metal Posts Contact: John Gaston Phone: (214) 553 -3940 Patio Materials and Finishes Specifications - Palm BeachYl. Revised 10 -21 -10 3 GHA Architecture /Development — Dallas, Texas A LA Cantina LAREDO gourmet mexican food Paint & stain - Px -3 Manufacturer: Product Name: Concrete Stain Product No.: Finish: Stain to Match Existing Site Pavers Location: Contact: Phone: Patio Materials and Finishes Specifications - Palm Beach.Fl. Revised 10 -21 -10 4 GHA Architecture /Development — Dallas, Texas A Cantina LAREDO .If au.met meri, an I—,d StUCCO - STX -1 Manufacturer: Degussa or Approved Equal Product: Stucco with Integral Color to Match PX -1 Color: SW 6122 "Camelback" (Sherwin Williams) Texture: Fine Sand Location: Bar Front & Fountain Base Contact: Mike Nasso Phone: (214)674-1121 Patio Materials and Finishes Specifications - Palm Beach Fl Revised 10 -21 -10 5 GHA Architecture /Development — Dallas, Texas ELA Mc1YMCIw.D.r.iop,wnl Lj Cantina LAREDO gourmet mexicon food Tile & Stone - TX -1 Manufacturer: Bid Source Product: Polished Granite Countertop Color: Absolute Black Size: 3cm Slab at Front & Back Bar Counter Note: Location: Refer to Drawings Contact Phone : Patio Materials and Finishes Specifications - Palm BeachYl. Revised 10 -21 -10 6 GHA Architecture/Development — Dallas, Texas �A ArtlulKluVDBNIOprnaM r !a Cantina LAREDO gourmet mesh an Jood Tile & Stone - TX -2 Manufacturer: Dal -Tile Product Name: Quarry Tile Product No.: OQ40 Color: Red Blaze Grout: #43 - Laticrete Finish: Smooth Texture under Equipment & Textured in Walking Paths Size: 6 "x6" Location: Service side flooring at Bar Contact: Jennifer Brown Phone: (817)791-9226 Patio Materials and Finishes Specifications - Palm Beach,Fl. Revised 10 -21 -10 7 GNA Architecture /Development — Dallas, Texas A ArCMN]UB�9�IO�IM1 L j Cantina LAREDO gourmet meaican (ood Tile & stone - TX -3 Manufacturer: Horizon Product: Hit 44 Product No.: GLMG 12 Size: 3/4" x 3/4" x 5/32" (12 11/16" x 12 11x16" Sheet) Grout: #04 Sable - Laticrete Location: Interior Tile @ Fountain Contact: By Owner Phone: Patio Materials and Finishes Specifications - Palm Beach FI Revised 10 -21 -10 8 GHA Architecture /Development — Dallas, Texas MV 3I Cantina LAREDO gourmet mexican food Tile & Stone TX -4 Manufacturer: Architectural Stone Company Product Name: Limestone Color: West Texas Hadrian Finish: Smooth Face Size: Refer to Drawings Location: Cap at Water Fountain Lead Time: Contact: Mark Johnson Phone: (972) 473 -9988 ext.1 11 Patio Materials and Finishes Specifications - Palm Beach Fl. 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ON' ;uotutloylu? 1f;!unLvtvoo -ioj Jd-ludo PUP/-/09 dyl tg Fol 11,11d I (( 1� Tg EMI I Mm I. UL fi° I 7 04 ❑ I N -®r- CN 04 N N 0) CN CN �J ,Y) i. llap Ji I. tg Fol NJ m Ji I. • M I Fol NJ m • M I ®�z /� y� uacl/ ✓iau'7 A iu / /cacao^ ao y 7 o j dLIJ /Q�� OEM dd 38 N q¢yirrl`l�� 9 -14uao puel-log € CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 16, 2010 Ordinance 28, 2010 Subject/Agenda Item: Amending Fiscal Year 2010/11 Budgeted Fund Balance Carrvovers to Actual Amounts [X] Recommendation to APPROVE F 1 Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Finance (Total) City Attorney [ ] Approved [ ] Approved w/ Allan Owens Finance Administrator $ 0 Current FY conditions [ ]Denied R. M x Lohman, Esq. [ ] Continued to: Advertised: NA Date: Paper: Finance mi 'strator Funding Source: [ ] Operating [ ] Other Attachments: Ordinance 28, 2010 - Exhibit "1" Allan Owens [ x ] Not Required Submitted by: Dep ent'Director Allan Owens Affected parties [ ] Notified Budget Acct. #: Approved by: City Ma [ ] Not required Ronald . Fer s Meeting Date: December 16, 2010 Ordinance 28, 2010 Page 2 of 2 BACKGROUND: Section 166.241, Florida Statutes, requires that amounts available from taxation and other sources, including amounts carried over from prior fiscal years, must equal total appropriations for expenditures and reserves. In order to ensure budgeted expenditures and reserves do not exceed original estimates of carryover balances and revenues, it is customary to adjust these balances to actual year -end amounts. This Ordinance amends the FY 2010/2011 budget by adjusting Fund Balance Carryovers to actual amounts, as detailed in Exhibit "1 ", which is attached to Ordinance 28, 2010. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 28, 2010 as presented on first reading. 1 2 3 ORDINANCE 28, 2010 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM 8 BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING 9 OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, 10 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A 11 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND 12 FOR OTHER PURPOSES. 13 14 15 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted 16 a Budget for the 2010/2011 Fiscal Year; and 17 18 WHEREAS, the City Council has determined that an amendment needs to be 19 made to the previously adopted Fiscal Year 2010/2011 Budget; and 20 21 WHEREAS, the City Council deems approval of this Ordinance to be in the best 22 interests of the health, safety, and welfare of the residents and citizens of the City of 23 Palm Beach Gardens and the public at large. 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The City Council hereby amends the revenues and expenditures 32 listed in the attached Exhibit 1" and adopts such amendments as to the Budget of the 33 City of Palm Beach Gardens for the Fiscal Year October 1, 2010, through September 34 30, 2011, inclusive. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. This Ordinance shall become effective immediately upon adoption. 44 45 46 Page 1 of 2 1 2 PASSED this day of 3 4 PASSED AND ADOPTED this 5 and final reading. 6 7 8 CITY OF PALM BEACH GARDENS 9 10 BY: day o 11 David Levy, Mayor 12 13 14 _ Robert G. Premuroso, Vice Mayor 15 16 _ 17 Joseph R. Russo, Councilmember 18 19 20 Eric Jablin, Councilmember 21 22 23 Marcie Tinsley, Councilmember 24 25 26 ATTEST: 27 28 29 BY: Ordinance 28, 2010 2010, upon first reading. f , 2011, upon second FOR AGAINST ABSENT 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 G: \attorney_share \ORDINANCES\2010 \Ordinance 28, 2010 - budget amendment.docx Page 2 of 2 'RAI City of Palm Beach Gardens Budget Amendment - Ordinance 28, 2010 FYE 09 /30/11 Exhibit "1" General Fund Increase (Decrease) Expenditures (Uses) Undesignated Reserves 001.0900.519.9920 1,864,914 Designated Reserves 001.0900.519.9921 308,990 Designated for Economic Development 001.0900.519.9922 982,247 Reserve for Series 2003 Debt Service 001.0900.519.9923 2,395,707 Reserve for Loan Receivable 001.0900.519.9924 321,642 Revenues (Sources) Fund Balance Carryover 001.0000.389.0000 5,873,500 Gas Tax Fund Increase (Decrease) Expenditures (Uses) Reserves 103.3000.539.9920 192,636 Revenues (Sources) Fund Balance Carryover 103.0000.389.0000 192,636 Recreation Programs Fund Expenditures (Uses) Reserves 104.0900.519.9920 Revenues (Sources) Balance Carryover 104.0000.389.0000 Increase (Decrease) 197,544 197,544 Police Training Fund Increase (Decrease) Expenditures (Uses) Reserves 002.1000.521.9920 6,632 Revenues (Sources) Fund Balance Carryover 002.0000.389.0000 6,632 Art Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 304.1400.515.9920 658,260 Revenues (Sources) Fund Balance Carryover 304.0000.389.0000 658,260 C: \Documents and Settings\psnider\Local Settings \Temporary Internet Files\ Content .Outlook \FWK9AXUT\ordinance 28 201 0 exhibit 1 City of Palm Beach Gardens Budget Amendment - Ordinance 28, 2010 FYE 09 /30/11 Exhibit "1" Road Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 305.0900.541.9920 96,293 Revenues (Sources) Fund Balance Carryover 305.0000.389.0000 96,293 Police Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 302.1000.521.9920 7,016 Revenues (Sources) Fund Balance Carryover 302.0000.389.0000 7,016 Fire Impact Fund Expenditures (Uses) Reserves 303.1200.522.9920 Revenues (Sources) Balance Carryover 303 .0000.389.0000 Increase (Decrease) 99,733 99,733 Recreation Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 301.2000.572.9920 71,893 Revenues (Sources) Fund Balance Carryover 301.0000.389.0000 71,893 PGA Flyover Fund Expenditures (Uses) Reserves 308.0900.519.9920 Revenues (Sources) Fund Balance Carryover 308 .0000.389.0000 Increase (Decrease) (177,906) 177, C: \Documents and Settings\psnider\Local Settings \Temporary Internet Files\ Content .Outlook \FWK9AXUT\ordinance 28 201 0 exhibit 2 City of Palm Beach Gardens Budget Amendment - Ordinance 28, 2010 FYE 09 /30/11 Exhibit "1" Burns Road Fund Increase (Decrease) Expenditures (Uses) Reserves 309.0900.519.9920 (33) Revenues (Sources) Fund Balance Carryover 309.0000.389.0000 (33) Fleet Maintenance Fund Increase (Decrease) Expenditures (Uses) Reserved Net Assets 501.3020.539.9921 1,218,235 Revenues (Sources) Fund Balance Carryover 501 .0000.389.0000 1,218,235 Golf Course Fund Increase (Decrease) Expenditures (Uses) Reserves 106.2500.572.9920 (69,018) Revenues (Sources) Fund Balance Carryover 106.0000.389.0000 (69,018 Self Insurance Fund Expenditures (Uses) 505.950.519.9920 Revenues (Sources) Fund Balance Carryover 505 .0000.389.0000 Police Grant Fund Expenditures (Uses) Reserves 101.1080.521.9920 Revenues (Sources) Fund Balance Carryover 101.389.0000 Increase (Decrease) (21,270) Increase (Decrease) (16,381) 6,381 C: \Documents and Settingslpsnider\Local Settings \Temporary Internet Files\ Content .Outlook \FWK9AXUT\ordinance 28 201 0 exhibit 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 16, 2010 Ordinance 29, 2010 Subject/Agenda Item: Amending the Fiscal Year 2010/2011 Budget [X] Recommendation to APPROVE F 1 Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Finance (Total) City Attorney [ ] Approved [ ] Approved w/ Allan Owens Finance Administrator $ 0 Current FY conditions [ ] Denied R Max LOfiman, Esq. [ ] Continued to: Advertised: NA Finance Administrator Funding Source: Date: Paper: [ ] Operating [ ] Other Attachments: Ordinance 29, 2010 Allan Owens - Exhibit "1" [ x ] Not Required Submitted by: Departm irector Allan Owens Affected parties [ ] Notified Budget Acct. #: Approved by: City n er [ ] Not required Rona 7-ferris Meeting Date: December 16 2010 Ordinance 29, 2010 Page 2of2 BACKGROUND: • Under Generally Accepted Accounting Principals, as one (1) fiscal year comes to a close and a new fiscal year begins, the City is required to carry forward the funds appropriated for prior year obligations that will be paid in the new fiscal year. This ordinance amends the FY 2010/2011 budget for amounts reserved and designated from the FY 2009/2010 budget for outstanding purchase orders and commitments as they relate to open projects that cross fiscal years. Some of the more significant projects, by fund, that are being re- appropriated include the following: General Fund Municipal Complex Enhancements $480,653 Stormwater Phase V 191,796 Gas Tax Fund Bridge Refurbishment 858,000 Recreation Impact Fund PGA Park 732,764 Lilac Park Phase IV 400,000 Lilac Park Phase III 213,376 Aquatic Complex Expansion 130,427 Police Impact Fund Emergency Operations Center (EOC) 476,396 Art Impact Fund Founders Garden Pavilion 45,000 Road Impact Fund Traffic Signals 761,862 Railroad Crossing Improvements 996,308 STAFF RECOMMENDATION: Staff recommends approval of Ordinance 29, 2010 as presented on first reading. 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 ORDINANCE 29, 2010 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, 2010, AND ENDING SEPTEMBER 30, 2011, 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 2010/2011 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2010/2011 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 1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2010, through September 30, 2011, 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. Page 1 of 2 1 2 PASSED this day of 3 4 PASSED AND ADOPTED this 5 and final reading. 6 7 8 CITY OF PALM BEACH GARDENS 9 10 BY: Ordinance 29, 2010 , 2010, upon first reading. day of , 2011, upon second 11 David Levy, Mayor 12 13 14 _ Robert G. Premuroso, Vice Mayor 15 16 17 _ Joseph R. Russo, Councilmember 18 19 20 Eric Jablin, Councilmember 21 22 FOR AGAINST ABSENT 23 Marcie Tinsley, Councilmember 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 G: \attorney_share \ORDINANCES\2010 \Ordinance 29, 2010 - budget amendment.docx Page 2 of 2 Ilj City of Palm Beach Gardens Budget Amendment - Ordinance 29, 2010 FYE 09/30/2011 Exhibit "1" Reserved for Designated for increase/(Decrease) Purchase Projects to Budget GL Account Expend itu re/Proiect Name Orders GENERALFUND 001.0220.512.6420 Capital 001.0220.512.6450 Capital 001.0900.513.3150 Professional Services 001.1000.521.8120 Aid to Gov Agencies - Radio Consortium 001.1030.521.5294 Uniforms and Leather Goods 001.1040.521.5294 Uniforms and Leather Goods 001.1400.515.3150 Professional Services 001.2033.572.6400 Capital 001.2000.572.6900 CIP- Municipal Complex Civic Enhancement 001.2080.519.5200 Operating Supplies 001.3000.539.3150 Professional Services 001.3000.539.3155 Professional Services - Remediation 001.3030.539.4600 Repairs and Maintenance 001.3030.539.6900 CIP -Golf Course Sewer Connection 001.3040.541.6400 Capital 001.3040.541.6900 CIP - Stormwater System Improvements Ph V 001.3050.541.6900 CIP - Municipal Complex Parking Lot Expansion 001.3040.541.6900 CIP - Allamanda Water Control Structure 1,481.00 3,173.14 1,750.00 837.22 418.61 66,911.04 7,073.60 5,762.00 330.00 1,935.00 6,864.00 5,926.80 15,362.17 Total Increase in Expenditures 117,824.58 GL Account Revenues 001.389.0000 Fund Balance 117,824.58 Total Increase in Revenues 117,824.58 79,013.33 480,652.82 11,252.00 69,955.00 191,795.79 19,827.52 21,807.60 874,304.06 1,481.00 3,173.14 1,750.00 79,013.33 837.22 418.61 66,911.04 7,073.60 480,652.82 5,762.00 330.00 13,187.00 6,864.00 69,955.00 5,926.80 191,795.79 35,189.69 21,807.60 992,128.64 1 992,128.64 992,128.64 LOCAL OPTION GAS TAX FUND 103.3000.539.6900 CIP- Bridge Refurbishment 858,000.00 858,000.00 Total Increase in Expenditures - 858,000.00 858,000.00 GL Account Revenues 103.389.0000 Fund Balance 858,000.00 858,000.00 Total Increase in Revenues 858,000.00 858,000.00 C: \Documents and Settings \psnider \Local Settings \Temporary Internet Files\ Content .Outlook \FWK9AXUT\Ordinance 29 2010 exhibit Page 1 City of Palm Beach Gardens Budget Amendment - Ordinance 29, 2010 FYE09/30/2011 Exhibit "1" Reserved for Designated for Increase /(Decrease) Purchase Projects to Budget GL Account Expenditure /Project Name Orders POLICE IMPACT FUND 302.1000.521.6900 CIP - Police Emergency Operations Center 2,582,808.36 476,396.03 3,059,204.39 Total Increase in Expenditures 2,582,808.36 476,396.03 3,059,204.39 GL Account Revenues 302.389.0000 Fund Balance 2,582,808.36 476,396.03 3,059,204.39 Total Increase in Revenues 2,582,808.36 476,396.03 3,059,204.39 ART IN PUBLIC PLACES FUND 304.1400.515.6900 CIP - Founders Garden Pavillion 45,000.00 45,000.00 Total Increase in Expenditures - 45,000.00 45,000.00 GL Account Revenues 304.389.0000 Fund Balance 45,000.00 45,000.00 Total Increase in Revenues 45,000.00 45,000.00 RECREATION IMPACT FUND 301.2000.572.6900 CIP -PGA Park Improvements 9,483.87 732,764.38 742,248.25 301.2000.572.6900 CIP- Aquatic Complex Deck Expansion /Restroom - 130,427.23 130,427.23 301.2000.572.6900 CIP -Lilac Park Phase IV - 400,000.00 400,000.00 301.2000.572.6900 CIP -Lilac Park Phase III 114,165.00 213,376.14 327,541.14 305.0900.541.6900 Total Increase in Expenditures 123,648.87 1,476,567.75 1,600,216.62 GL Account Revenues 17,503.46 1,786,401.00 1,803,904.46 301.389.0000 Fund Balance 123,648.87 1,476,567.75 1,600,216.62 305.389.0000 Total Increase in Revenues 123,648.87 1,476,567.75 1,600,216.62 POLICE IMPACT FUND 302.1000.521.6900 CIP - Police Emergency Operations Center 2,582,808.36 476,396.03 3,059,204.39 Total Increase in Expenditures 2,582,808.36 476,396.03 3,059,204.39 GL Account Revenues 302.389.0000 Fund Balance 2,582,808.36 476,396.03 3,059,204.39 Total Increase in Revenues 2,582,808.36 476,396.03 3,059,204.39 ART IN PUBLIC PLACES FUND 304.1400.515.6900 CIP - Founders Garden Pavillion 45,000.00 45,000.00 Total Increase in Expenditures - 45,000.00 45,000.00 GL Account Revenues 304.389.0000 Fund Balance 45,000.00 45,000.00 Total Increase in Revenues 45,000.00 45,000.00 C: \Documents and Settings \psnider \Local Settings \Temporary Internet Files\ Content .Outlook \FWK9AXUT\Ordinance 29 2010 exhibit Page 2 ROAD IMPACT FUND 305.0900.541.6900 CIP -Kyoto Gardens Drive Extension 28,230.40 28,230.40 305.0900.541.6900 CIP - Railroad Crossing Improvements 996,308.15 996,308.15 305.0900.541.6900 CIP- Traffic Signal - Hiatt Dr. and Northlake Blvd. 109,145.93 109,145.93 ;305.0900.541.6900 CIP - Traffic Signal - Gardens Pkwy & Kew Gardens - 400,000.00 400,000.00 305.0900.541.6900 CIP- Traffic Signal - PBGHS Lilac & Military Trail 17,503.46 252,716.52 270,219.98 Total Increase in Expenditures 17,503.46 1,786,401.00 1,803,904.46 GL Account Revenues 305.389.0000 Fund Balance 17,503.46 1,786,401.00 1,803,904.46 Total Increase in Revenues 17,503.46 1,786,401.00 1,803,904.46 C: \Documents and Settings \psnider \Local Settings \Temporary Internet Files\ Content .Outlook \FWK9AXUT\Ordinance 29 2010 exhibit Page 2 City of Palm Beach Gardens Budget Amendment - Ordinance 29, 2010 FYE 09/30/2011 Exhibit "1" Reserved for Designated for Increase /(Decrease) Purchase Projects to Budget GL Account Expenditure /Project Name Orders FLEET FUND 501.3020.539.6410 Capital 35,703.00 35,703.00 Total Increase in Expenditures 35,703.00 35,703.00 GL Account Revenues 501.389.0000 Fund Balance 35,703.00 35,703.00 Total Increase in Revenues 35,703.00 - 35,703.00 Grand Total All Funds 2,877,488.27 5,516,668.84 8,394,157.11 C: \Documents and Settings \psnider \Local Settings \Temporary Internet Files\ Content .Outlook \FWK9AXUT\Ordinance 29 2010—exhibit Page 3 D CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Councilmembers DATE: November 29, 2010 FROM: Richard J. Marrero, Senior Planner THROUGH: Natalie M. Wong, AICP, Director of Planning & Zoning SUBJECT: Petition No. PUDA- 10 -04- 000025 /Resolution 55, 2010— Southampton PUD Amendment CC: Ronald M. Ferris, City Manager R. Max Lohman, Esq., City Attorney Patricia Snider, CIVIC, City Clerk The following updated agenda cover memorandum is being provided to you, which reflects the applicant's request to postpone the Southampton PUD Amendment Public Hearing from December 16, 2010 to the February 3, 2011 City Council meeting (please see attached letter). The applicant is requesting additional time to review the conditions of approval included within Resolution 55, 2010 and consider alternative product designs. If you have any questions please contact me at 561- 799 -4243. Thank you. GENTILE HOLLOWAY O'MAHONEY Q A550C7AtE 5. INC Landscape Architects Planners and Environmental' onsulta is C-00001177 ovem�er X19, � 10 Mayor Levy and Members of the Palm Beach Gardens' City Council Growth Management Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 George G. 6errcib. FA5LA M. Troy Holloway, ASLA Emlly O'Mahoney. A5U1 RE: Petition PUDA -10- 04000025 — Southampton PUD Amendment — Letter of Request for Continuance from the December 16, 2010 City Council Meeting GHO JOB# 040101 Dear Mayor Levy and Council Members: Please accept this request for a continuance to a date certain of February 3'd, 2011 in order to permit time to review the development options under the proposed staff condition received November 18, 2010. This condition would require alternative product type and redesign of the ptoject. The additional time will afford the opportunity to analyze the impacts and discuss the options with the development team. We appreciate your consideration. Should you have any questions, please do not hesitate to contact me at 561 -575 -9557. Respectfully submitted, Gentile Holloway O'Mahoney & Associates, Inc. Dodi Buckma?*g , AICP, LEED AP Director of Pl CC: Ron Ferris City Manger Patricia Snider, City Clerk Natalie Wong, Director of Planning and Zoning Richard Marrero, Senior Planner Steve Liller, K. Hovnanian Homes 1907 Commerce lane. Suite 101 Jupiter. Honda 33488 567 - 575 9557 561- 575 -5260 FAX, kMav landscape -ar[ hitects.cem U: \dJENC I-ILF.S \Southampton 114- 0101WL1D Amendment \Submitted Does \Continuance requesdLr.for121610.docx CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 16, 2010 Resolution 93, 2010 Subject/Agenda Item: Resolution 93, 2010, approving the appointment of a regular member to the Budget Oversight Committee. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: Financ (Total) City [ ] Approved Van Allan Owens AALo Finance Administrator $ _0_ R. M Current FY [ ]Approved w/ conditions [ ] Denied Advertised: Funding Source: N/A [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other ➢ Resolution 93, 2010 - Exhibit "A" [X] Not Required (Applications) Submitted by: Depa me it ctor Allan Owens Affected parties [ ] Notified Budget Acct. #: N/A [ ] None Approved by: City er Ronal . F rris [X] Not required Meeting Date: December 16, 2010 Resolution 93, 2010 Page 2 of 2 BACKGROUND: There currently is one (1) vacancy on the Budget Oversight Committee. This term expires June 15, 2012. Staff published notices of the vacancy at City Hall and on the City Website. There are a total of seven (7) applications that have been received or were on file. In accordance with Ordinance 35, 2009, Council may interview prospective candidates and, in a public session, shall select the person to fill the vacancy. Attached to the Resolution are copies of applications for Council's review and consideration. STAFF RECOMMENDATION: Staff recommends approval of Resolution 93, 2010 as presented. RESOLUTION 93, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF A REGULAR MEMBER TO THE BUDGET OVERSIGHT COMMITTEE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Resolution 20, 2010 provides for the Budget Oversight Committee to be comprised of five (5) regular members; and WHEREAS, there is one (1) regular member vacancy, and Section 2 -86, Code of Ordinances, requires vacancies to be filled; and WHEREAS, notice of vacancies has been posted at City Hall and on the City Website; and WHEREAS, the City Clerk has compiled applications of all interested persons who wish to serve as members of the Board, which 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 appointment of the following individual as a regular member of the Budget Oversight Committee: Regular Member Term Expiring 6/15/2012 SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 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 PASSED AND ADOPTED this 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 TINSLEY Resolution 93, 2010 day of , 2010. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS\2010 \Resolution 93 2010- appt to budget oversight committee.docx Page 2 of 2 4p /m,'&' IN Resolution 93, 2010 EXHIBIT "A" Allan Owens From: Donna Cannon Sent: Thursday, October 21, 2010 1:53 PM To: Allan Owens Cc: Gracie Wong Subject: FW: Board and Committee Application Allen, Attached please find the new format application and resume for Marilyn Jacobs for consideration for membership to the BOC. If you have any questions, please call. Donna M. Cannon Municipal Services Coordinator City of Palm Beach Gardens Phone: 561 - 799 -4121 Fax: 561 - 799 -4124 dcannon(@Pbgfl.com - - - -- Original Message---- - From: Ray Ellis Sent: Thursday, October 21, 2010 6:40 AM To: Donna Cannon Subject: FW: Board and Committee Application Ray Ellis Deputy City Clerk City of Palm Beach Gardens 561 - 799 -4195 rellis(@Pbgfl.com - - - -- Original Message---- - From: mdoherty @pbgfl.com [mailto:mdoherty @pbgfl.com] Sent: Wednesday, October 20, 2010 10:09 PM To: Ray Ellis Subject: Board and Committee Application Name: MARILYN JACOBS Home Address: 16 BERMUDA LAKE DR Home City: PBG Home Zip: 33418 Home Phone: 694 -2553 Work Phone: 615 -8585 Cell Phone: Years of Residency: 12 Computer Available ?: Yes Primary Email: mliatoldbergandiacobs.com Secondary Email: Preferred Means of Contact: Work Phone DateAttended: Interested in BOC: Yes First Choice: N/A Second Choice: N/A 1 Third Choice: N/A Current PBG Board or Committee Member ?: No Current PBG Board or Committee serving on ?: N/A Past Service on PBG Board or Committee: No Past PBG Board or Committee served on:: N/A PBG Board or Committee Past Service Dates: Current PB County Board or Committee Member ?: No Current PB County Board or Committee serving on:: Past Service on PB County Board or Committee ?: Yes Past PB County Board served on:: Past PB County service dates: see stmt Participation Hope: I served on the PBG Blue Ribbon Task Force and have attended Council meetings for years. I was the NBCID liason for Palm Beach Gardens. I am well know by City Staff and have enjoyed working with them. I am a CPA and have served as a Supervisor on the NPBCID for the last six years. I served on the NPBCID Banking and Budget Committee for six years. He selected I will promote innovative solutions to cut or curb spending and maintain service levels. Given my professional training and NPBCID service I believe that I can hit the road running. Employer: Goldberg Jacobs & Company LLP Employer Address: 2161 Palm Beach Lakes Blve Wpb, Fl 33409 Profession: Certified Public Accountant Position: Managing Partner Registered in Florida ?: Yes Licensed in Florida ?: Yes PBG Occ License ?: No Years Practicing ?: 34 years Conflict of Interest ?: No Conflict Explanation:: Professional Background: Accountant: Accountant Professional Background: Other Text: Diplomal: BS Institutionl: Barry College CourseStudyl: Accounting & Chemistry Diplomat: Institution2: CourseStudy2: Diploma3: Institution3: CourseStudy3: Diploma4: Institution4: CourseStudy4: Registered to vote ?: Yes Participated in civic activities ?: Yes Participation Explanation: Board of Director Rebuilding Together of the Palm Beaches; Paint Your Heart Out Palm Beach & Friends of the Poor. Standing Committee OF Alzheimer Community Care. Elected as a Supervisor NBCID November 2006. Term ends November 18, 2010. Served on various Committees at BallenIsles. Active at Temple Judea. Name Signature: Marilyn Jacobs Date Signature: 10/20/2010 Learned About: Other: Other Learned About: Other Explanation: Have attended Council Meetings for Years. My business partner the late Harvey B. Goldberg served as the Commitees chairman Sent from IP Address: 75.77.175.34 Date /Time: 10/20/2010 10:09 PM 6 Marilyn Lew - Jacobs CPA 16 Bermuda Lake Drive Palm Beach Gardens, Florida 33418 561- 615 -8585 EXPERIENCE: 1997 - present: Goldberg & Jacobs LLP, West Palm Beach, Florida - Managing Partner and Director of Taxation Responsibilities include 1) Tax department administration; 2) Tax research, implementation and compliance for firm's complex client base; 3) dissemination of information to and training of firm's personnel and 4) servicing client base. 1991 -1997: Bederson & Company LLP, West Orange, New Jersey - Senior Tax Manager Responsibilities include 1) Tax department administration; 2) Tax research, implementation and compliance for firm's complex client base; 3) dissemination of information to and training of firm's personnel; 4) servicing assigned client base and 5) assisting firm's bankruptcy division with trustee planning, tax issues and preparation/review of debtor tax returns. 1990 -1991: Deloitte & Touche LLP, Parsippany, New Jersey- Senior Tax Manager Tax research, implementation and compliance for firm's client base. 1983 -1990: Greene Lew & Company, P.A., North Miami, Florida- Shareholder Responsibilities include 1) Tax department administration; 2) Tax research, implementation and compliance for firm's complex client base; 3) dissemination of information to and training of firm's personnel and 4) servicing client base. Industry specialization: oil and gas independent drillers, construction, retail land sales and retail furniture chains. Firm provided tax compliance, financial review and auditing services. 1978 -1983: Touche Ross, Miami, Florida — Tax Manager Tax research and tax compliance for firm's complex client base. EDUCATION: B.S. Business Administration, Barry University, Miami Shores, Florida CPA LICENSING: Florida PROFESSIONAL AND COMMUNITY ACTIVITIES: Supervisor Palm Beach County Improvement District 2004 to Present (Term ends November 18, 20 10) City of Palm Beach Gardens Blue Ribbon Committee Paint Your Heart Out Palm Beach Director & Treasurer (current Rebuilding of the Palm Beaches Director & Treasurer (current) Friends of the Needy Director (current) Florida Institute of Certified Public Accountants American Society of Women Accountants American Institute of Certified Public Accountants Allan Owens From: Donna Cannon Sent: Thursday, October 21, 2010 1:35 PM To: Allan Owens Cc: Gracie Wong Subject: FW: Board and Committee Application Allan, Attached please find the new format application for Eric Workman for consideration for membership to BOC. If you have any questions, please call. Donna M. Cannon Municipal Services Coordinator City of Palm Beach Gardens Phone: 561 - 799 -4121 Fax: 561 - 799 -4124 dcannon(@Pbgfl.com - - - -- Original Message---- - From: Ray Ellis Sent: Wednesday, October 20, 2010 10:15 AM To: Donna Cannon Subject: FW: Board and Committee Application Ray Ellis Deputy City Clerk City of Palm Beach Gardens 561 - 799 -4195 rellis(apbgfl.com - - - -- Original Message---- - From: mdoherty @pbgfl.com [mailto:mdoherty @ pbgfl.com] Sent: Wednesday, October 20, 2010 10:06 AM To: Ray Ellis Subject: Board and Committee Application Name: Eric Workman Home Address: 109 Windward Dr. Home City: Palm Beach Gardens Home Zip: 33418 Home Phone: 561 - 624 -7058 Work Phone: Cell Phone: 970 - 948 -3205 Years of Residency: 5 Computer Available ?: Yes Primary Email: ericmworkman(@gmail.com Secondary Email: Preferred Means of Contact: Primary Email DateAttended: Interested in PRAB: Yes Interested in PZAB: Yes I Interested in BOC: Yes First Choice: Planning, Zoning and Appeals Board Second Choice: Parks and Recreation Advisory Board Third Choice: Budget Oversight Committee Current PBG Board or Committee Member ?: No Current PBG Board or Committee serving on ?: N/A Past Service on PBG Board or Committee: No Past PBG Board or Committee served on:: N/A PBG Board or Committee Past Service Dates: Current PB County Board or Committee Member ?: No Current PB County Board or Committee serving on:: Past Service on PB County Board or Committee ?: No Past PB County Board served on:: Past PB County service dates: Participation Hope: Community involvement & networking Employer: retired Employer Address: Profession: custom home builder Position: Registered in Florida ?: No Licensed in Florida ?: Yes PBG Occ License ?: No Years Practicing ?: 33 years Conflict of Interest ?: No Conflict Explanation:: Professional Background: Real Estate: RealEstate Professional Background: Building construction: Building construction Professional Background: Other Text: Diplomal: Bachelor of Arts Institutionl: Concordia University CourseStudyl: Psychology Diplomat: Masters of Planning Institution2: Queen's University CourseStudyl: Urban Planning Diploma3: Institution3: CourseStudy3: Diploma4: Institution4: CourseStudy4: Registered to vote ?: No Participated in civic activities ?: Yes Participation Explanation: P & Z Committee member while in Colorado Name Signature: Eric workman Date Signature: 10/20/10 Learned About: Web: City Web Site Learned About: Other Explanation: Sent from IP Address: 65.34.166.4 Date /Time: 10/20/2010 10:06 AM 7 Resume of: Eric M. Workman 109 Windward Dr. Palm Beach Gardens, FL 33418 (561) 624 -7058 email: ericmworkman @gmail.com October, 2010 PERSONAL GOALS STATEMENT To continue to learn, explore, and grow both personally and professionally. To maintain and enhance a feeling of personal fulfillment and well -being through a commitment to work, fitness, family and community. PROFESSIONAL EXPERIENCE 1981 — 1989; President - Workman Construction Inc. 2006 - Present Palm Beach Gardens, FL & Glenwood Springs, CO As President of my own company I have been responsible for the design and development of single - family, custom -homes in residential communities in both South Florida and Western Colorado. My company specializes in individually designed and built, high - end custom homes. Projects have included both speculative and contract work. As a small, custom -home builder I personally control all aspects of the construction process from the initial design work to the final walk - through. Over the years my company has been the recipient of a number of major awards from local building and trade organizations in recognition its design and construction excellence. Resume of: Eric M. Workman 2004 —2005 Sr. Construction Proiect Manager — Jack Wilkie Builder, Inc. Basalt, Colorado Jack Wilkie Builder is a residential contractor specializing in high - end, luxury home construction in Aspen, CO and surrounding communities. Most of the companies work is obtained through referral and selection, and is undertaken on a cost -of -work plus a fee basis. My duties with JWB, Inc. were similar to those I performed at Rudd Construction, but with an even greater emphasis on customer service. Projects that I was engaged in ranged in value from $5M to $12M. 1998 —2004 Sr. Construction Proiect Manager — Rudd Construction, Inc. Basalt, Colorado Rudd Construction is a mid -size, full- service general contractor active in both residential and commercial construction in the Roaring Fork Valley of Western Colorado. At Rudd Construction I was entrusted with complete control of the projects under my management. I reported to the company's principals solely for the purpose of keeping them updated as to the status and projected profitability of projects as they proceed. I handled all phases of project management including: - Preparing initial project proposals - Liaison with clients and design team members - Providing value engineering input - Estimating and maintaining budget and cost spreadsheets - Preparing job schedule flowcharts - Writing contracts and addenda - Bidding and hiring Subcontractors - Sourcing, shopping, and purchasing of materials - Monitoring and supervising the work of on -site field superintendents - Attending weekly jobsite meetings and preparing and disseminating meeting minutes when required - Reviewing and approving payments to Subcontractors and Suppliers - Submitting change orders and draw requests to Architects and Owners Resume of: Eric M. Workman - all closeout and warranty responsibilities While at Rudd Construction I managed a wide variety of projects including: - multi - million dollar single- family homes - hotel and condominium renovations - office, retail and mixed -use commercial projects - institutional and public works projects All the above were completed on schedule, under budget, and with a high degree of customer satisfaction. In addition to managing projects I also performed promotional and public relations work on behalf of the firm in the interests of soliciting and securing new business. 1980-1981 Project Manager - Village, Inc. Plantation, Florida Supervised the construction of a 60 -unit patio home project. Scheduled and supervised all sub - contractors. Estimated budgets and handled negotiations with contractors. Recruited and trained field employees. Maintained visible profile with clients throughout the construction process. Responsible for costing and control of change orders. 1979-1980 Proiect Manager - Tessler Enterprises Plantation, Florida Managed the development of a corporate campus for a local hi -tech firm. The project involved the construction of a number of large, precast concrete buildings. 1976-1978 Construction Superintendent - Howard S. Rothman Consulting Engineer Montreal, Quebec The company was involved in both new construction and renovation of industrial and commercial projects with cost of work up to $5 million. I was responsible for doing takeoffs, estimating, calling for bids, scheduling, general supervision of trades and maintaining cost and accounts payable records. Resume of: Eric M. Workman EDUCATION 1973 B.A. from Concordia University, Montreal, Quebec. Major in Psychology, minor in Economics 1976 M.Pl. from Queen's University, Kingston, Ontario. Major in Urban Planning, minor in Public Administration 1980 Florida State Certified General Contractor 1992 Florida Real Estate Salesman License 1997 Colorado Certified General Contractor 1998 Colorado Real Estate Brokers License ADDITIONAL SKILLS Computer: Extremely computer literate. Familiar with Windows OS, all Office Suite applications, Lotus SmartSuite applications, Microsoft Project scheduling software, AutoCAD and Cadsoft Build computer drafting programs, and Expedition project management software. Languages: Speak and write English and French. ADDITIONAL EXPERIENCE 2002 —2003 Member of the Town of Carbondale, CO Planning and Zoning Commission 4 Donna Cannon From: Ray Ellis Sent: Tuesday, October 19, 2010 6:36 AM To: Donna Cannon Cc: Patty Snider Subject: FW: Board and Committee Application Our first applicant on the new form Ray Ellis Deputy City Clerk City of Palm Beach Gardens 561 - 799 -4195 rellis @pbgfl.com - - - -- Original Message---- - From: mdoherty @pbgfl.com [mailto:mdoherty@pbgfl.com] Sent: Monday, October 18, 2010 2:00 PM To: Ray Ellis Subject: Board and Committee Application Name: Erik P Johnson Home Address: 654 Castle Dr Home City: Palm Beach Gardens Home Zip: 33410 Home Phone: 5612362481 Work Phone: 5618488675 Cell Phone: 5612362481 Years of Residency: 3 Computer Available ?: Yes Primary Email: erikpjohnson(alyahoo.com Secondary Email: erik.iohnson @pnc.com Preferred Means of Contact: Primary Email DateAttended: Interested in BOC: Yes First Choice: N/A Second Choice: N/A Third Choice: N/A Current PBG Board or Committee Member ?: No Current PBG Board or Committee serving on ?: N/A Past Service on PBG Board or Committee: No Past PBG Board or Committee served on:: N/A PBG Board or Committee Past Service Dates: Current PB County Board or Committee Member ?: No Current PB County Board or Committee serving on :. Past Service on PB County Board or Committee ?: No Past PB County Board served on:: Past PB County service dates: Participation Hope: Offer perspective and analysis on financials and encourage local growth with existing and prospect firms Employer: PNC Financial Services Employer Address: 1200 E Blue Heron Blvd Profession: Retail Banking Position: Management Registered in Florida ?: Yes Licensed in Florida ?: Yes PBG Occ License ?: No 1 to best maximize resources Years Practicing ?: 10 years Conflict of Interest ?: No Conflict Explanation:: I am not sure how reviews of municipal budgets would present a conflict of interest as banking relations are generally conducted through RFP processes. Please let me know if this is incorrect. Professional Background: Banker: Banker Professional Background: Member of:: Business Development Board Professional Background: Tennis Center Participant: Tennis Center Participant Professional Background: Other Text: Professional Background: Recreation Programming: Recreation Programming Diplomal: MBA Institutionl: FAU CourseStudyl: Comp. date 7/2011 Diploma2: BA Institution2: OF Course5tudy2: Business Admin. Diploma3: Institution3: Course5tudy3: Diploma4: Institution4: CourseStudy4: Registered to vote ?: Yes Participated in civic activities ?: Yes Participation Explanation: please see attached resume Name Signature: Erik P Johnson Date Signature: 10/18/2010 Learned About: Web: City Web Site Learned About: Other Explanation: Sent from IP Address: 161.150.2.55 Date /Time: 10/18/2010 1:59 PM 2 ERIK P. JOHNSON 654 Castle Dr. Palm Beach Gardens, FL 33410 (561)236 -2481 erihpjohnson&ahoo.corn Branch Manager, National City Ban /PNC Financial Services, 2007- • Ranked #1 of 1300 branches in corporate footprint for Customer Service Ratings 2008 Q4, 2009 Q1 • Promoted to Assistant Vice President within Iit year of retail banking • Achieved 2010 "PNC Achievement Award" for ranking among top branches in company for overall sales and services performance • Created pilot for Branch Recycling Program thus reducing operating expenses, improving employee engagement and increasing public perception for brand awareness, most notably proposing monies saved of $1.7mm per annum • Established Branch "Community Appreciation Days" for SE Florida Branch Footprint rewarding customers /prospects through hospitable networking while acquiring additional banking opportunities • List of Awards and Recognition: - Recipient of 9 National City "Champion" Awards for exemplifying management principles of Competitive Spirit (2), Winning Team (4), Sustainable Value Creation (2), and Community Service - National City V.I.P. Award for "Competitive Spirit — Play to Win" - Countless District /Market performance recognition for deposits, lending, customer service, cross - sell, new accounts, referrals and investment sales - "Most improved Branch Award" in 2008 for audit score increase • Develop and oversee branch team to assist customers with all types of service related issues and concerns, using appropriate level of authority to negotiate resolutions to complex customer service and related issues • "Through proactive team profiling and other efforts, branch team anticipates customer needs, recommends appropriate products /services • Oversee branch operational audit compliance with team members performing and inspecting daily audit activities • Coach, guide and direct branch staff, including licensed employees on sales activities related to consumer and small business deposits, investments, lending and other products • Responsible for HR related functions including hiring, branch training, termination and discipline Staffing Manager, Robert Half International, 2006 -2007 • Prospected for new client business by meeting hiring managers to understand their staffing needs • Made recommendations to clients regarding candidates who have the skills and experience for the job • Provided customer service for existing clients to ensure their expectations are being met • Sourced candidates through database, advertising, internet, business contacts and direct recruiting • Met with candidates to evaluate their skills and understand their job preferences • Strategized with teammates to accomplish weekly business growth goals Territory Sales Manager, Balance Staffing, 2006 • Developed outside and inside sales divisions for expansion of startup staffing firm • Created advertising programs that increased target market exposure • Managed sales efforts to penetrate competition and exceed profitability quotas • Served as a consultant to new and existing clients to provide staffing solutions and help them achieve performance goals Branch Rental Manager, Enterprise Rent -A -Car, 2002 -2006 • Direct management role consisting of two branch rental offices of 10+ employees generating more than $4,000,000 annual revenue • Improved marketing and sales strategies to help increase income potential and performed P&L analyses to gain efficiencies and manage expenses • Developed management team while reporting to executive management on all business activities • Awarded several corporate accounts /rental branches for consistent performance in sales, profitability and customer service indexes • Achieved region's highest customer service rating March, April 2005 & March 2006 ( #1 of 50 offices) • Increased operating profit more than 200% regional /group /corporate average in 2003 • Promoted to `Best Person" Program in March 2003 — ranked among top percentile in all individual sales categories ( #2 overall of more than 40 employees) • Member of South Florida Group awarded President's annual "Exceptional Achievement" Award in 2004, 2005 Community Involvement Chairman, Young Friends of the Arthur R Marshall Foundation Co- Chair, Florida Resource Center for Women & Children Annual Fundraiser Instructor, Money Management /America Saves — Dunbar Village Committee Member/ Speaker, Martin Luther King Day — Town of Lake Park Committee Member, St. Patrick's Day Parade — Town of Palm Beach Shores Member, West Palm 100 Business Partner, Suncoast High School Job Fair Business Partner, New Beginnings CDC job Fair Volunteer, Susan G. Komen Race for the Cure Site Coordinator, National City Bank Annual "Community Appreciation Day" Software Experience MS Office, PeopleSoft, Goldmine, ACT, Hyperion, SAP, Oracle, Education & Collegiate Affiliations Master of Business Administration (MBA), Florida Atlantic University (2011) Bachelor in Business Administration, University of Florida Study Abroad, University of Wisconsin /Spanish American Institute - Seville, Spain Director, American Marketing Association Mentor, `GIGS in Schools" - Big Brothers Big Sisters Committee Member, University of Florida Multicultural and Diversity Affairs Volunteer, Habitat for Humanity Member, Sigma Phi Epsilon f Applies im for City Advisory Baard/Coasmitaoe Appoinmoed lsbaerl%Ar. Pmsusot to FS 119.07 the information provided is this applialim is considered In be paNk Woad, except a p'avided by low. 1 Na�lec yr d L. �f ems Howe Address: 3� C .. YCAM Bft,.64 Home ftom Nasnber: (at) Wank Aaoo Nrmsber: &jh " qs 0 x Ss aor Years efRaideW .� .�.. r E-mait addrsree: Q(,�,/m� t_ r2 iii fi.r �.re,Ge rM; /rrda dar.d�s a it p WHICH HOARD OR COM WT M ARE YOU APPLYING FOR b e.!/ s.,. i•.n ��- 0 Art Is hshik )daces Addeery Bawd 0 OOw■sswlty Ao dMu Board O'ftHb and Roereatsn Atvbwy BOON 0� Botpt O CoemitMt�y Bftrd QVPIs■aI iZoobg is Appmb gmlfd' (scads 3"d Taw" of eter mom at 5s30 p`as.) (marls 1d Wadoesday epeeei seomlr at S. pm.} (mob So a Mmday of m& andh M 7.40ILm) (meats as Yd normby atom* memo at 4:34 a.n.) (meats the 46 Thwaiay dash memo at Sao a.m.) (meeb so Y' MA 46 TINIftys or emb Amax at fe34 PAL) (•Rogwr ed to 111. s sbtal m l of Saneld imun t ferns) ifyon rave cheebed mare than one boa, which would be your ld Choice PB�A rA Cbdce BQL 3id ChoW_e Ca d- Areym emu* swAM an a PWm Bach OardmsBard or Cammittoe? ( ) Yea (X) No Which ms(s) PraAM aervloe on City Bawds a CommiVm? (x) Ym ( ) No Whiff ene(s W.&Lol_ fdKa) Of gQriCM i7i�W�•4 A, "0 i " µwt'...s � L . Nar.ti1 rs• -sit i�vtt.+.� B..+a� ' jt.olc'i..lo.J I�Iiu..Q Are you w ar j servh g au a Palm Hach Comdy Bond a Cemm�gee? ( )Yoe (sc) No Wrier ane(s) Previous .swim m Commly Boards a Coomitaea? ( ) Yams (.C) No Wbib ones) Dak(s) of 5a vice; Are you ebb lo a m*tc ) dayoime area PP) yc) owning mootinps S.>rwt lnwdl What would you hope In wmmpM by pwd*@dW Are you t+egMcmd in *10 Sole of Florida? Ab Analhar State: JVv I Asa*- Ec....'f34o13ow� . Are you lioeneed in the State of Florida: 1r �_ Aaoder Ststa rji . d •. s � Al E s t s Do you pomoes a City of pwm Bach Oadms ocove iand Ho mm? ? /J u How i Mg have yea prawlaed the Wkm profe I Go? Or_v A y I A-16 -r e Pm hrmd mailigg addrem: (X)Ham ( )Office C-) Cmdd your oowpolloa peat a conSict of iobraet on toy muter d'isonwed, ravia Ball or decided upm by the Hoard cr Canmbm ( )Yee ( ) No ? s} r�.-� , b..=� •• treMlMra1 dw* the bon) D vim, pa I d 6 of lbomy wk D Anhiled. AMftckn deWpw, ha&cmp deem D Lkbaa planWWdedp A D Hwdodbn mdboho bg D Yea& aad*S&Malar v Oufte leaboinmisChoCity. 0 Mw*w dHtdiaeee Da d pmentBond. Nort Palm Bach Cm* Chaabw afCamserue or PGA Car Mw Aaeodatiaa. Baia D Red agate po"oaal o Lend wrvoyor D Beaker bL D Aaoa�tant . other E, Gds 17 gam Bae haw fYr )<d■at3aad laelkgeoaad: Imo' Gates of Study Are ym gi st , p 'to rare la Pair be@& ooanty'1( ( )m � +ate- t,av,,�►�. Nary you pwdo4 wd in chic or oammyak adividm Yee: (✓) Noc ( ) we Ifyae. pleaseaoytlam: 4 .a. •� i/�w...v ?�r�r .wl�i I tho duties, rude sad tine aammkwo io the Boards a Com mkbn to WW& I bave applied. Hew Ad you leaf, abeat the Board er CAmadtlee fir whkk pea ■are appOW: Qty's woo site: Comn.mky Grasps Newspaper (qwm*) ✓�'✓' "dy"� :� Cky's dbr tt mae Drsdwc odwn (sped Prior to jibaettlfsg as q* ii adm ym am encow+agged to &Mead ow &weft. Doh at/wred: Please ratrn do applicedoe and rewme to: City C>tk 10500 Nar& Military Tmil Pals Hash O do m PI 33410 (561) 79964121 FOIL U89 BY CITY OF PAIM BEACH GARDENS ONLY: Appointed tm Oslo of AMoia0aont: Orim "on Dam Oct. 26, 2007 Biography David L. Peters, P.E., C.P.E., MBA Regional Vice President Hanson Professional Services Inc. David L. Peters, P.E., serves as Regional Vice President of the West Palm Beach office for Hanson Professional Services Inc., a national firm with 20 offices and 400 employees nationwide. David brings more than 30 years of experience in the design and construction industry to Hanson. He is an experienced project manager with strong analytical, leadership and management experience. Mr. Peters has an excellent and proven track record in business development, facility design, project and structural group management. His responsibilities include assisting with project needs, business development and overseeing the day -to -day business operations. David Peters received his B.S in Civil Engineering and his M ... S in Civil /Structural Engineering from the University of Illinois and his MBA from the University of Iowa. He is a registered licensed engineer in Illinois and Florida and holds non - active licenses in the States of Washington, Oregon, Idaho, Wyoming, Montana, New Mexico, and Iowa. In addition, he is a Certified Plant Engineer under the American Facilities Engineers group. David has worked in construction and engineering since he was 14 years old. He has been a carpenter, concrete finisher, certified welder, miner, maintenance department manager, construction and design engineer and design department manager. As a consultant, David has served as a project manager, quality assurance manager, safety engineer and staff engineer. His wide variety of experience includes bridge, building, road and ship design, chemical plants, nuclear weapons testing and research, nuclear fuels processing, various types of industrial plants, city and base engineering, and many commercial and educational facilities. In his current position, David manages a staff which includes architects, mechanical and electrical engineers, CAD designers, technicians, and commissioning specialists. His office is currently designing Architectural, MEP and communications systems for several large and complex developments. In addition, his staff is commissioning over 25- facilities located in West Palm Beach, Toronto, Canada, and throughout the US. His professional affiliations include: • Design Build Institute of American • Society of American Military Engineers (SAME) • Warehouse Education and Research Council • American Society of Civil Engineers • Association of Facilities Engineers APR-89 -2W? 14:56 HANSON 217 747 9412 P.02 /08 J - rf DAVID L PSTERS • oROF LE. Hlg W motivated lewder and Manager. Masser of Business Admk*Wallon, Professional Erginesr and Project Manager wolf strong w* Acid, feedership and management experience eeel ft sardor aiaif poetlbn wth aggressive, proMaNs company. Experience Bind tam ackude tW oWporte staff devsbWom andcompeny suooess. ExoOkw and proven track tvoord In buslrwes drwlopment.1aoft design, project and strudwW group rnanagsawl. Understand trainees and project linvidah and p oR end toss mspwm bft. SokAon of tact. Custmw focused Strong advae is of active kkw tp and soticitktg advba. MUCATIM MtaslOrs Budnews AdtainNtMion. Ur>iverdty of loft, 2002. Course work included FWMCe, Mwapft A000W&% Operational Manager sn% Nsgvfia*m. Herren Resources 1Nmagernsnt, Marketing, S" W.0 Analysis and Competitive Strategies. Masters of Soiarrae CNIYW --1-- I EngMaarin& iM, UnNwe#y of Nnols, Urbana, IL Bm*wkim of tislwroe CM Et.tprtssrbp,1981. university of pHrroie, Urbana. IL Dootoral Csndkk t CMV ttuotttrai Englrtaarinp, (All Bus Dissertation: 33 bra. ctompieis) 1991 -1897. w" "Of Idaho. Moscow, 10 SPIWIFIC !EXPERIENCE: AAA- nvw- rmNsry. Wit IndpstM Sector Lesdsr, Sfxtacbtral GMP Menapsr. Prepot Manager. CWWStrw*jnd Na~. May 2000 to Present lead indowlst planning and markoq efforts for bWkx*W sector of 200 plus staff multi- dls*Ww firm. Manage group of four stnaatval ewinesrs. Cfi d sponsor for major clients kwWng Catarpllar. MidAntedw Enefgy, KRAFT. ALCOA and Deare a Company. Managed design project though conalruclon and clotsout. Malttrat -, bw., Dk*ctor on 6ow4 January 1995 to Mureh 2001. Pooklon cwwwrerM with job and wAW. Directed antraprowutlel ow4ww that developed, designed and aupervieed rrtanufaoturs of Elecao-ardt frame maldrg fads ies, wNch ware valued from $10 to $50 Million. Me- loic A Comptey, Projeet Manager, March 1999 to August 2000. Marketed eaanpwWs engineering senAoss to Los Alamos Natured Laboratory. kW* Nttional Engineering and Environmental Laboratory, and Non - Government f nrAps. Managed ID&AiW, schedule and cost bons! in for complex rwolser and hatardow waste projects. Prepared Oesign Intimation Summary doc urroo te, technkx#i swceieaaons. and other project rsMbtd docurnanta. Olds ad - Plow Inc, 04*6801rg am auel ty Asswanos Manager. October 1995 to Mamh 19g9. Department Eng~. Nor&md Reglon. Supervised several designers and quality assurance engineers. Represented company as Chairman of Anwrben Concrete PIPS Awoolalion 7echrwd Committee. Odakmted, designed. co -auMW and stied Anwancan Concrete Pipe Assocoon Ouallty Assurance Ceditabon Program. DnI nad and marketed precael structures including 3-eked bridges, box C" ft. piping systems. COMM40 vaiufts, APR -69 -2107 14:56 HANSM 217 747 9412 P.03/08 MM *MS. steel Support systems, and masonry structures. Supervised Installation of precast struoturss. Prepared plant and wo)W budgets. Whelan CoratnKrat, Inc., ProjacYSsfMy Engineer, May 1965 to Oclober 1995. Project srgirresr for saHMroving and Isms sewage treatment pond, roads, and fadillfes cwwkwft. Porlormsd subcoftwetor coordination and contract adminlslration. 1l0mtrielered safely program, AMV ore Owwrvrm* Contractor htWace nepodsled ooMnpte, "kW payment and tracked and handled field changes. (Temporary job after voluntary ssperatlon horn tits Mom National ErwhnanrMal and &Wmering) MOM Nallond Erwlranr mft and E.n anew g Laboratory (Loekhesd kttaho TI IM IbOise Go., WOMI tndhouse ktlallo Nuolaa► Co.. Edit kMho Ca), Lead Design Engineer and Lead Project llauspsr, January 1986 to May 1966. Worked for the 1NEEL and various government contractors that ran the arts. Led staff and 000rdinated effort of up to 75 worwers and contrackn In successfully pwlamkV general plant and line stern projects $100K4w. major projects ISWSM" and major systems aognrNitions (>$W. Swervised 9 project manspws. Oversaw and performed complex stnuotursl analyses. Prepared and car bAed to safety and er Wonmental docurnents fnokWq site wide Enwronm onial Impact Shdwrw ls. Planned nuclear tact prooass hot oe1 cleanup, fuel storage racks Instatiellons. Advised Department of Energy. Navy, and Stab and Federal wwnlgM agencies Inckdm the Defense Nuclear Fee ft Salety Board Served as natural phenomena (seismic, wind, and flood) topical expert for W estirghouse. Ulf Coesrmasnt, Dsperlmerhl of Deftnea, Corps of EnpfMwrf, u9 Air Force Deface Nudw ApwW. ( Inlitea', ossl" Inghhesr, Can --do- Em September 1983 to February 1996. Perfomted research And analysis an shoot isolation of autornMic data proceasirq equipment for Supreme Flwd*A ftl Mod Pewars In ELrope (S IAM fooft. Pedormed boiltY designs irokWft roods, rook remtodek new buildings. and managed the Chanute Air Fans Bass 4 million square feel roof program. Assisted in irttpletrtentahlort and plwv ft of nuclear weapons effects testing at the Nevada Test Site Peru b pro ruolural dss�s�. Deaigned rrosde. Advised actions to take fin response to Emergency Fiseponse Team. Vadous Consitaction and Euglnssrhhg Ralaled Jobs, September 1972 to September 1983. Worked construction and engineering jobs to pal way through school and immediately 9 graduetlat. Worked as torernsn of cornpow performing *WOMB, masonry, oarperttry, roofing, plumbing. electrical, and other work related to the construction of house end %M commercial buldkV. Worked as assistant maintenance auperintendsnt. scheduler, safety engineer. craft sWerintendenl, and construction «pincer an major industrial projects at a Dupont po"hylone piartt, a Pitiaburph Plate Glass ethylers glycol per, and LnrirtgMm Shipyard. Designed structures and sewer and water systems (piping, pumps, and waste treatment Ia Wjn) for a small engineering firm in Beaumont. Texas. Owned and ran field and business developmerM Ior )oirM verMure concrete and general corstruction oomparhy. Worked as draldman and surveyor for small Champaign. IL engineering tam. National Coursll of EngkoorkV Examiners (NCIM) Registered, No. 14361 Licensed or Retilstersd Prof eeionsl 1Bn kMW In several stM".' 11Mhhoie, No. 06244S075, Iowa. No. 15787, Now Mexico, No. '14442, Idaho. No. 8012. Montana, No.12789PE. Wyoming, No. 8151. Oregon. No.18783PE, Washington, No. 33477 CsrUMM Plant Engineer. Assedatbn for FeelNges Enghheers, No. 4878 APR- 09H2W? 14 *-57 FFt90N 217 747 9412 P.04/08 SOMIES AND CLUB: Bd1e1dod Rotwy (PY"Ment fsact) Ambassador, OW-M Chamber of Cotn ume Member American Soo" of CH Engkmrs Member Mmican Soc" of Milliary EngMrows Member Illnols Denolcprnwit CwAd Member Aeeocistion Facilities Ertg m n Member Wwohowe Educdm A Research Counoil Member Design Buld Irathft of America Member satiety of Aruba Mfftt"En hem ' Member, Board of clksotom SlecldmA CoNege, Snap Rusiam DaMsbpmeM Now Member linob Dereloprme t CoumL Member Beltendwf Detielop and Corporstion. Member Advlwy Board, New Ventures' Aosch ktfl alve Past Member Idaho ShuoUN Engtfwws' Anociedw Past Member Idaho Falls Chitin Club (Prosident) Past Member Idaho gtrcactural Erowers Assodation Peet Member A merlam Conm to kl ftft Pad MMmbw A nwb m Concrete Pipe Assodetlon Tedrkal Commiree Past Member Nadonal Cw&W Managen Aeeodsdon (Now Moxlw) Pad Member NaWW Sod* d Pi one) Engineers SMRITV CLEARANCES: Fomw Iy DOE V 80oret Formerly DOD'Top Secrot' Fomwry NATO'Secrer MILITARY SERVICE: UnMed Slow Msrkw Corps, Hcrwrabb Dlsdww REFIMEMCElk AvalslAs on ro*mt. APR-09-2W? 1457 F*iN l 217 447 9412 PA5/08 PARTIAL PROJEM DfMENCE LW; KRAfR • Hem Chll Line Upgro b, (Client Spmw and P m)ect Managed Food procea ft Ire sup islon design. (SM) • Lrofdcer Rooms Verdati r , (Ment Sponsor and Pnoot Manager) LVwvded now v lWon sydem for men end wornWs looker moms (IM). • Fin 8pdnkler Upgrades. Pont Sponsor and Proles Manager) Upgraded and added to Plant be strpprossfon IYVAM. (S3 Q • BtRdnge K71C12 Aaoass. (Gent Sponsor and Project Mengel? Desgned new sW ator and seem beftyaw br+tlave. ($M) ALCOA • Building 9¢7 Suuotur K Mechanical and Elsctrtcal DoMp, (Chem Sponsor and Project Monoged, Eopsnsiort of Aboa's skxnirtwn produalion facility. MA&V only. (OM) • Scalper Bul ft Enmralon. (CifeM Sponsor and Project Moorage►), Ercp mW of metal scalph g IM o. (SM) CeterplNar • Corporate Offtoe a Am* aloof Repptoenwit. (cow Spmw) ($5w) • Mnr#ft Tstgtrtkal Conler Melalic Gooding Room Design. (CI M Sponsor) (SM) • KK &NIng Upgrades (Cleat Sponsor, fl Pro*b) • H Baking Upgrades (CNW Sponsor, 4 Pmjocu) Deer. i Company • Product ExperMnental Facility Offtoe Design (MEdP). (Clam Sponsor end Project Wroger) ($1.2M) • Hwv@Mw Plant Office Design. (Berra Sponsor and Project Monagod O&SI ) Nam m Esudn • Fw ty Upgrodes. (Project Manager) ($2.94. Managed projd to uWub existing office space. hotel now boftm and generators, and address safety concerns. Los Ab ws National Enginswft Ldxwdwy • Power Gonerew 3gic% (Project Nbrrager) Studled options to provkle 2 now 40MW generabrs at slo power otatfon. • Chemical and Metslvgicai Resserch Fooily Upgrodes Projeoa. (Projscl Manager) Designed upgrades for now compressed sir system, fire suppression system, HVAC, AgwQ Brad power wpom • Heolh Research Laborabry Bic leW S Fealty Design. (Project Manager) Designed new BL3 laboratory In existing facility. 1313 laboratories we designed for Containment and research ol "rox. and other simiarly contagious diseases. Who Haderrel Enviromnenbl end EnOMteerfng Laboratory • FGA Rook RecorrAgurMior+ Project. (Project Msrreger), which replaced eA*v stainless steel nWw fuel storags racks wlh new high -ds wk storage rocks. (SM) • WNW Rspbao nt Alwnbwm Fuel Sbrage Rados Project, (P'rojsc.K Manager), which rsptaced woes W low capadty akMmrm fuel abrege racks %0 new Npw copecky aluminum fuel storage rocks. ($2.1M) • CPP -803 Fuel CwOng Sttdton Project. (Project Manager). which supported the rerrwval of detmicrstsd nuclear fuels from an entiqueted and autwMdsrd ba tty. ($10M) • HOVER WiC a Cal 3 3 4 GUWa out Pioolect, (Pm)W Merger). which deactivated a ROVER nuclear fuel processing eel by ren wh wwd m and plubft m bearing special nuclear materiels. (SW APR 69 -29g'7 14 :57 HANS0N 217 747 9412 P.06/08 • Pbubwl Dbook4loo Process (FM Upgmds Pmjod. (Lead Pro]sot EngineWAodnp PMW WtinepedSlMbsd Manepsr CivMiAechanical Section Ro W Stiff), which nphmd oorrodad and outdoled nuobw fuel df processing equipment with a now • Fott Plot PWA Project Concert * Oeabn, (Load Designer), wig► included a 81 4 OW PMGM b salruds and recover MOM nal9rob Mom Spent Fort St. Vraln fu le and depose of urwiw ftd byproduots. Pwfumod virr wd Aw*xat dedgn and managed doMp Mori of Ow dscfpllnee. • CFA Cars Slorape Library Fod ky, (Lead Deeprwr). wfddt was a new tacky to process. catalogue and swo psoloylcN cos samples. • Annual N& Road Upgrade Project, (Lead Designer). which desood ail rood upgrades at the MM. • W►ERF Spray Dryer FaofMy. (Ponl1 and StnachM Designer). which rye nWM d* tated waste from a mclow wane bum stream. Designed atruetwM foundatlon for the kings procasairp (51- td 1Q' diwrrelsr) and cord WrAnt (W tali IV darrrelsr) vessels. Oseigrtsd piping systems and support strudures. OTHER PROJECTS and Epp • Structural D@Wgn M EL Overhead Crarw • Strud" Design Me" Menardnes and Equipment PWbrms • 8lrucMai Design CAy. of Beaumont Pump Sbtbns and Wastewater Treatment FsMiUes • Stntohnral Deep Ouporct Pdyvthylerw Neat Recovery Duct • 8tntotttraci Deep Dupord Pogr *VANW Pipe Supports end Foundations • Designed Savant 900 Thousand Square Feet Fist Roofs • ow* Pumps and PWq Sysionw and Wrote Operations IJwtuab for Sesurnat! W01-oft r and Stain Wear LMt SWjorw • Stn auW kwosOp Mon d CdMpeed wood True • Cartlfled Shot n to Profeesbnei. • concrete Finisher (Fomtan and w4tuola) • C rp nW (CanmerWW S RsNdentW: Frwner & Finish) APR-03-2W 14 =57 HANSW 217 747 9412 P.07/09 �nalraanss DsMSiopansrd WA i:lleitt Relations. During the past 6 years in the pW* saator, l have derelopsd and cared for a large base of clients the have contributed at least 86 miBon 10 my employors. The" Cleft kwk de Jdvww Controls Cantnicbrs of New MaWoo, Argonne National Laboratory (Weal). Deere & Company. Caterpillar, Loo Alamos NadorW Laboratory (LANL) Infrastructure and Heath Care Groups, Idaho National ErpirNMing Lalwabry {Bechte4, KRAFT. and others. W Merrick b Comrpary supervhor, In a recent telephone conversation retamod to Merrlok's 52.5 million annual canract relaaioral p wilh Johnson Ooroola, as my legacy since N was a stroMft inNiative that I developed In response to Merrick losing a ifs million dollar LANL bash ordering WftmM. 5 gave Merrick a backdoor to got work tram LANL. ft w* Johnson Controls. Merrick was also potting work from Argonne and INEL cleats that 1 helped develop. While at Shlve- Hatfery. I have led a marketing ~ to rebuild an Indavisf wits that was bwV have been gabble marlkkst relativare y to � dpi Com�parny, ALCOA and KRAFT. Deere & Company had blackballed us in at Ieast one plat. We now have contact- at several pW to and are idemMf W to isoaive more future work. Cateerpiler and KRAFT were doolrting to tree Stove- HeNty, tut now pw us work routiney and haw pleosd us on 1helr approved vendors' Ilet. ALCOA racwty contracted us b perfoill SMI k at engine" •Oryloee. Before. ALCOA any thougM of us for anal structural protects. Aftugh not all projot,�ts went smoothly, I have been able to work through fire problems wkh dents and influence Shive- Hattery organWonal changes so that problems will not reocour. While with Oldcesde PrecaK l marlamd, daeoiK and oversaw quality and Installation of at least 11ty- (50) bridges and wxbgpound strucumn wNh an estimated value of at least $2.6 minion. While at Oldoestle. I developed many contractor and local g>overnnnant clients that would become repast k:us� toners for our company. I believe that by taking care of ousbmera a company assures itself d mess and Owsholder satlafak tion. Protect and Pwoomd Mannow nwL While at the INEL working wilt EGBG kiaho, Wee rouse We Company. and LodcMed Martin, I managed Yugo and comI*8%d pr*d Barra. These teams consoled of i OMW project nwr p m and support WOW persoinnol, and contractors (e.g., Fluor- Oanlai). I worked as a project manager on the ou" DheokMort Upgrade project. a project to replace a dystunationai and corroded batch dMOkAion project. We developed a process design and cost estimate uetng a crack Fkacr- Denial team headed by Sal Mndatte. Our dsepn and cat opinion was hawed by our Dspa ww% of Energy customer as being excellent and was credited for raising Weetinghouee's be award by 4 points from 05 to 89. the highest rating Westinghouw ever roaiwd: DOE caged our oa*noW cat the'DNt and list honest cost eetimaW they had seen. When the FOP Upgrade project was not funded by the Navy, I helped develop several p *c s for nuclear luar swrage and oomec" Iasi At one time. I had 4 of the 5 most c rftal she projects (2- rerackIng projects. t -W3 basin clean-up PafojsCl. and 14usl drying project) 1009 $45 metion M value. One week my group director, Dean Siddoway. expressed concern that 01 left, he had well of his eggs in one bo*d.0 He gave me a choice of keeping any two. I heel the reracidng projects. Within a morft of taktrp tta a11wr 2 projects, he again had a high profile complex project, 'Rover OA CWw -up* projeof that he needed mnwwVo- He asked me to take N on. The project wee sawriatad to last 550 million. Mellor manager had managed a concepttrel design that was mot losable to that the method twomrnended in conceptkwt design would 1umed-W (rwA in life -time radiation acoumulations) of more radiation 11 workers than There were in the United Sales. 1 FrR'99 -2I 14:57 F RNW4 217 747 9412 P.08-I08 managed to developments of a design: that implemented remole tach*uss and robotics to minimize oonhuyMation and exposure levels. Personnel management duo" these projecla and wt:Ne ma w*V enowerIng deparknonts resulted In vary low turnover of people and wooaesfully Implentenled projscle. 1 wawa abls to matrtatkt a oordW twt proses imW mkOorta o with my dfrsat reports and nwh bosd and #ubcortbacfsd psroormel. 1 believed In providing dear direction, abwhg prof WonafN 19 perform. lea ft by example, and ta*V respon4i y for deoielm made and work performed, l also practiced a policy of recognizing people for ear age nt work. Because of my perlornwm on projeols, I was selected to present our work to the Westinghouse corporate leaden. Because 1 knew the projects, had the to Amical " I a e 1, and projected a posMw can't fag image, I was seleclsd to appear before the Delon Nuclear FeeMss Solely Board and Me Had of 0w Nuclear Navy. Both appearances and an of my projects were sully completed Techr" Experillm While working as a designer and as a project manager. my technical kn�s was well VwLoh -ol and recolpAnd My manager at Weet fthaiee and L.00khead M&rM ideMllled me as a *t dlural and nature) phenomena► (selsmic, wind. flood, Volcano, bmad0ss) technical exp*M l oversaw the bcltttir:at sffvrt lo quemy nuclear fuel Ong$ pools 10 store 4 t#nw the design fuel load. This tschrtical effort coat nearly $1 fnMmt and requh ed defend tg dw cortoluelona to Ow Defense Nuolear Facilities Seldy Board and the Stale of Idaho EPA. Working wfgt my dootoral advisor. I revisvrsd the adsgiaoy al ttte 904 lad ly b wrfty a to wet and dry store nudur Rees. Beaa n of my intimate W owbdge of oomplan proem and processes, l was asked to co- author two sedions of the INEL ErWonmenW Impact Stalernent. While VMVM on a Dupont shutdown, fire construction dWW moms director presented my project plan and scooping dwmmt for the E -unit shutdown ale the bat plant Must he had assns. Alec at Dupon% l designed a structural rWWA of a felled feat m%vfhg duct and the piping syakern low a VAMIIC"' pilot plant. These deelprte were creative and eflettiw. The piping system design fadltaled a difficult run of a product Mat was sticky and hialonicaly clopped pips. Tie project was completed on time and at one4talf the project engineer estbtated Wdpet of P". i have wrktsn or oo•written sewn; tedtnlcal papers that haw not teen presented or pubmted due to clasalAoation issues. These papers deak with hippy technical pipe and beddrtg structural falluna and strualurel qualiicsUon fuel storage basin faciNW I haw been nc"nWd for atrcoessful and Innovattw designs for standard and unique VK%M hl fedbles. Ons conceptual design and awl estimate wee for a facility to procass Ft. 81 Wain nuclear foal. AntOw design was for sets FDP process pilot plertt 140W. These and otter designs evolved unique coord nedon, mordW ft and oorttamkadion "AL One %aft feaatred a ascudly proof on top to protect it's and surmun ding faditles' speolet nuclear radorlals owderts. O1ar aigrtlticaM %chr*W a t000mpNshrrtertts k"We design of over 50 bridge and under wwW strictures (boxes, pipes. and box culverts). 1 designed over twenty Nit Nations ( structtral, piping and pumps) for a $52 million upgrade of the Beaumont Sewage Tremens* System. While working at Chanws Air Force Base, l designed and oversaw a roofing program with over 4 minion square feat of fiat roots and 2 million square test of sloped roots. DudN most of my working career, t have attended wchook first recelving a SS at the UMve" of INinoia, later an MS, and worlktg toward a PhA at the University of Idaho. TOTAL P.08 3. Licensure History STATE Idaho Washington Oregon Montana Wyoming New Mexico Iowa LICENSE # 8072 33477 18783PE 12789 8151 14442 15767 YR. ISSUED 1995 1996 1996 1996 1996 1999 6/2001 LIC. TYPE PE Civil PE Civil PE Civil PE Civil PE Civil PE Civil PE Civil LAST VALID DATE 12/2005 11/2004 11/2000 7/2000 12/1999 12/2000 12/2006 LIC. STATUS Inactive Inactive Inactive Inactive Inactive Inactive Inactive HANSON EDUCATION B.S. /Civil Engineering/University of Illinois at Urbana- Champaign M.S. /Civil/Structural Engineering/University of Illinois at Urbana - Champaign MBA/Business Administration/University of Iowa PROFESSIONAL REGISTRATION Professional Engineer/FL Professional Engineer/IL Certified Plant Engineer National Council of Engineering Examiners NCEES PROFESSIONAL AFFILIATIONS • Design Build Institute of American • Society of American Military Engineers (SAME) • Warehouse Education and Research Council • American Society of Civil Engineers • Association of Facilities Engineers TIME WITH HANSON 1 Year TIME WITH OTHER FIRMS 29 Years David L. Peters, P.E., NCEES, CPEFE Principal -in- Charge Mr. Peters is a regional vice president and Principal -in- Charge for Hanson. He has experience as a project manager with strong analytical, leadership and management experience. Mr. Peters has an excellent and proven track record in business development, facility design, project and structural group management. Representative projects include: School District of Palm Beach County, West Palm Beach, FL. Principal -in- Charge. Hanson was selected to act as one of two Commissioning Providers for new construction or modernization in the 100,000 — 400,000 SF range providing documented confirmation that a facility fulfills the functional and performance requirements of the building owner, occupants and operators. Hanson has completed commissioning services for 4 schools and is currently commissioning 13 additional schools. Shive- Hattery, Inc. Industrial sector leader, structural group manager, project manager, civil /structural engineer. Led industrial planning and marketing efforts for industrial sector of 250 plus staff multi - discipline firm. Managed group of four structural engineers. Client sponsor for major clients including Caterpillar, MidAmerican Energy, KRAFT, ALCOA and Deere & Company. Managed design projects through construction and closeout. Merrick & Company. Project manager. Marketed company's engineering services to Los Alamos National Laboratory, Idaho National Engineering and Environmental Laboratory and non - government entities. Managed technical, schedule and cost baselines for complex nuclear and hazardous waste projects. Prepared design information summary documents, technical specifications and other project related documents. U.S. Government, Department of Defense, Corps of Engineers, U.S. Air Force, Defense Nuclear Agency. Research engineer, design engineer, construction engineer. Performed research and analysis on shock isolation of automatic data processing equipment for Supreme Headquarters Allied Powers in Europe (SHAPE) facility. Performed facility designs including roads, roofs, remodels, new buildings and managed the Chanute Air Force Base 4 million square feet roof program. Performed building projects structural designs. • Oldcastle Precast Inc. Engineering and quality assurance manager and department engineer, Northwest region. Supervised several designers and quality assurance engineers. Western Construction, Inc. Project /safety engineer. Project engineer for earthmoving and large sewage treatment pond, roads and facilities construction. • Idaho National Environmental and Engineering Laboratory (Lockheed Idaho Technologies Co., Westinghouse Idaho Nuclear Co., EG &G Idaho Co.). Lead design engineer and lead project manager. David L. Peters, P.E., NCEES, CPEFE Regional Vice President Education: B.S. /1981 /Civil Engineering /University of Urbana - Champaign M.S. /1989 /Civil /Stria al Engineer/11- e4ified Plant Engineer National Council of Engineering Examiners NCEES Professional Engineer/FL A!`illations on Build lnstrl► of Amerion Society cf Air men 0, 1tary (Al1ilE} 1/houi Ean and Resew+ Coandi Amodcan society of Civil Engines Association of Facilities Engineers HANSON Mr. Peters joined Hanson in 2006 and serves as a regional vice president. He has experience as a project manager with strong analytical, leadership and management experience. Mr. Peters has an excellent and proven track record in business development, facility design, project and structural group management. Shive- Hattery, Inc. Industrial sector leader, structural group manager, project manager, civil /structural engineer. Led industrial planning and marketing efforts for industrial sector of 250 plus staff multi - discipline firm. Managed group of four structural engineers. Client sponsor for major clients including Caterpillar, MidAmerican Energy, KRAFT, ALCOA and Deere & Company. Managed design projects through construction and closeout. Melttran, Inc. Director on board. Position concurrent with job and school. Directed entrepreneurial company that developed, designed and supervised manufacture of electro -arch waste melting facilities, which were valued from $10 to $50 Million. Merrick & Company. Project manager. Marketed company's engineering services to Los Alamos National Laboratory, Idaho National Engineering and Environmental Laboratory and non - government entities. Managed technical, schedule and cost baselines for complex nuclear and hazardous waste projects. Prepared design information summary documents, technical specifications and other project related documents. Oldcastle Precast Inc. Engineering and quality assurance manager and department engineer, Northwest region. Supervised several designers and quality assurance engineers. Represented company as chairman of American Concrete Pipe Association Technical Committee. Originated, designed, co- authored and edited American Concrete Pipe Association quality assurance certification program. Designed and marketed precast structures including 3 -sided bridges, box culverts, piping systems, concrete vaults, steel forms, steel support systems and masonry structures. Supervised installation of precast structures. Prepared plant and project budgets. Western Construction, Inc. Projectisafety engineer. Project engineer for earthmoving and large sewage treatment pond, roads and facilities construction. Performed subcontractor coordination and contract administration. Administered safety program. Acting as government contractor interface negotiated contracts, obtained payments and tracked and handled field changes. Idaho National Environmental and Engineering Laboratory (Lockheed Idaho Technologies Co., Westinghouse Idaho Nuclear Co., EG&G Idaho Co.). Lead design engineer and lead <U HANSON (Peters, cont.) project manager. Worked for the INEEL and various government contractors that ran the site. Led staff and coordinated effort of up to 75 engineers and contractors in successfully performing general plant and line item projects ($100K -$5M), major projects ($5M- $50M) and major systems acquisitions (450M). Supervised 3 project managers. Oversaw and performed complex structural analyses. Prepared and contributed to safety and environmental documents including site wide environmental impact statements. Planned nuclear fuel process hot cell cleanup and fuel storage racks installations Advised Department of Energy, Navy, and State and Federal oversight agencies including the Defense Nuclear Facility Safety Board. Served as natural phenomena (seismic, wind, and flood) topical expert for Westinghouse. U.S. Government, Department of Defense, Corps of Engineers, U.S. Air Force, Defense Nuclear Agency. Research engineer, design engineer, construction engineer. Performed research and analysis on shock isolation of automatic data processing equipment for Supreme Headquarters Allied Powers in Europe (SHAPE) facility. Performed facility designs including roads, roofs, remodels, new buildings and managed the Chanute Air Force Base 4 million square feet roof program. Assisted in implementation and planning of nuclear weapons effects testing at the Nevada Test Site (including tunneling operations, experiment installation and blast loading effects analysis). Performed building projects structural designs. Designed roads. Advised actions to take in response to Emergency Response Team. Application for City Advisory Board/Committee Appointment Mast Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. N> '; '1t!►AC� .Lne fS� Home Address: L9 City: -tea /n, Bo.gn� �- Zip: / 3iU Home Phone Number: (--V✓) 774 k_S: Work Phone Number: ( ) 3 3 y - .2 �i 9 Yom bfResidency? / E -mail address: WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: ❑ Art in Public Places Advisory Board ❑ Community Aesthetics Board ❑ Parka and Recreation Advisory Board ❑ Economic Development Advisory Board • Budget Oversight Committee ❑ Planning, Zoning & Appeals Board (meets 3rd Tuesday of each month at 5:30 p.m.) (meets 1" Wednesday of each month at 5:30 p.m.) (meets the 3`d Monday of each month at 7:00 p.m.) (meets the 3`d Thursday of each month at 8:30 a.m.) (meets the 4th Thursday of each month at 8 :30 a.m.) (meets the 2 "d and 4'h Tuesdays of each month at 6:30 p.m.) ( *Required to file a statement of financial interest form) My"ve checked more than one box, which would be your: 1" Choice Y° Choice 3`a Choice Are you currently serving on a Palm Beach Gardens Board or Committee'? ( ) Yes (x) No Which one(s) Previous service on City Boards or Committees? ( ) Yes ( ) No Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee'? ( ) Yes (m No Which one(s) Previous service on County Boards or Committees'? ( ) Yes ( ) No Which one(s) Date(s) of Service: Are you able to attend: (X) daytime meetings ( )() evening meetings What would you ho ,ye to accomplish by participating? iJ /� Present Employer: -) Address: t1t..). E'� Profession: f. C► .P ! cL E _�Lll'_t_.0 o to Z 1 Position: Are you registered in the State of Florida'? Another State: Are you licensed in the State of Florida: Another State: Do you possess a City of Palm Beach Gardens occupational license? ate) How long have you practiced the above profession'? a 5 / Cd�l__ -- - Preferred mailing address: (Y,) Home ( ) Office Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes (,o No Please explain: 1'rflional Background (Please check the appropriate boxes) ' Cl dual, performing or literary arts. /r)q it,r jj tlL.r -ej 0 Architect, Architecture designer, landscape designer 0 O Urban planning/design Arts and cultural institution management Fl• e Building construction C o (k ! SO o v It I n c� � �(� Le �- � � � � A � x P-r i—t4 E (L �Z- 0 Horticulture and landscaping J Youth or adult educator Q Own/operate a business in the City. a Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association, 0 Attorney 0 Engineer 0 Real estate professional 0 Land surveyor KBanker �:.,Z ,a J`` (,t = �9 Oh c ��- � � �� �rC � E�J . !� iz It i/ ",Ie a -,4 -4� 0 Accountant Other 7 - , t- ,c_E -,c. By Code (Ordinance 17',2004), some Board /Committees have specific requirements for membership Educational Background: Dioloma, Decree or Certificate Institution Course of Study Are you registered to vote in Palm Beach County? (YQYes ( ) No Have you participated in civic or community activities: Yes: ( �\,) No: ( ) If yes, please explain: I understand the duties, role and time commitment to the Boards or Committees to which I have applied. ��12 V ,o, ---- - - - - -- - ____ ------- _ Si ature Date How did you learn about the Board or Committee for which you have applied: City's Web site: Community Group: Newspaper (specify) City's direct mail Brochure: ,_ _ Other: (specify) Prior to submitting an application, you are encouraged to attend one meeting INM Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, 171 33410 (561) 799 -4121 Applications will be kept on file in the City Clerk's office for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: 0001018000 10:33 FAX 5818358709 HCDPBC FINANCE DEPARTMET tool ,t - �aa -Li1 Apt Henries for City Advisory IlmdtCatamifte Appointment *: AkW P.'Ar Pat ID FS 119.0; the Wformtd m provided iv this application is considered to be public rea d, except as d provided by hw. ''R Was Belly Vath no= Add=: 3867 Buttercup Circle N p9G VP� 3341 p I,ry,m (S§1 625- 69��pto„eN„�r.( 5P 1 659 -1270 Ytara of Ra;dttncyr'► 1994 E_aaar7 address: buttercuphv@aol.com WMC R BOARD OR COMMTiM ARE YOU APPLYING FOR O Art ias PoWk Phim Advisor Board D Corssnu ty Ae tWes name+ O Parks and RunWa t Advise ry Boma 0 conk Dovdapnssnt AdN wry Board 9 IW%0 Overdebt Connobw 0 Pbr +tdrtg, Using it Appals Board (meets 3's Tuesday of tech nwath at 5:30 p.m.) (owts la Wednesday of eacb month at 5:30 pm.) (meets the 3'4 Monday of areb mouth at 7:00 p.m.) (meets the 3~ Thursday of each month at 8.30 mw) (mats the 4s' I%wW y of eatb month at 8:30 a.m.) (meets the 2"e and 0 Tuesdays of eseb month at 6:39 pro.) ( *Rsquired to ftle a statement orfiwsucial interest form) If you beve c3edwd move dean one boot which would be your 14 Choice 2nd Choice, 3"d o*ice Are you c arttly saving on a Patin Be ich Gardens Boatd or Committee? ( ) Yes ( ✓) No Which one(:; Pmviats mvice an City Bards or Coo mittees? ( x) Yes ( ) No Which aoa(s, Alue R owe 19 9 Q W%) of Service: rK GO V,, j03t Are you currently saving on a � Be soh County Board or Cotmoittex? ( ) Yes (V/ No Whiob 006(9: Pmvmn Unite on County Boards or ( opamfum? ( ) Yes (✓) No Which ows; Dttte(s) of 3esvice; Art you able to attend: (-")daytima m s zings ( ) cm� mceftp �wrot�z�eiperV15kby npbg5r"mAd advice to committee. Aimp ifl:ins rho rarhoiral ArnorrS of rn nw iC Pentane Emp)oyw. see r e s u m e Address! Proradm Position: Are yon rqp=W m the Stets of Florid 0 « Mother State: Are you hoer ed in the State of Florida tj J Another Suite: Do you possess a City of Palma Bead► C Udrns occupational kow** How long he ie you pn cticad the above profession? Preferred va'ling adders:: (`' )Home ( ) Of lice Assist with budgeting Canld your aeon a conflk s of interest oa any sutdM matter discussed, reviewed or decided upon by the Bond or Came: ( )Yes ) No Platre s>rplai x 09/10/2006 16:33 FAX 501635$706 HCDPBC FINANCE DEPARTNET 19002 t (—ws at Backereaad ( Please come ; the awropiate bones) D Yeas/, pedbmdt or Kiwity r rte. 0 .Awdutect, A=bwm desipe r, landscape dmpvr Q Wbm pbnnW n Ants and mbaaal iamdntm mt Ur mat Battldi� aaaattrnctioe �12 l w***me mad kubespin p YgS*or admit*&Nmor 0 Owa/apt m a btlaim , in the .fy. 0 1rimn bW OfBW U D3veiopr trait DOUR North Pabn Beach County Chamber of Camnm m or PGA Corridor Association. 0 Ant m" 0 Iingumer 0 Real soft prow/ 0 Ltaed olnnvn w 0 B aver Cr Acmahm llhr Cade (OWbaira 17. M4). ~ BoardiKor smism have spccific regnirements for mmbershlp Rhilm Donn or Cardficale count RL SR' See Are you reptiun d to vote is Palm Bear � County? (,/)Yes ( ) No Have you pn-gk* seed III'civic or, unity actl-vltiee: Yea: (/) Nw. ( ) If yes, Plaaae explifuL mm=mt to In Bm* or Commom to which I have apphod. (4/0 L now am you learn abeat Ube Board or Csmmmm for which you have applied: City's Web sits: Co imunity Group: Newspaper (specify) pai/I r, City's di ed mail Brochure Other: (specify) Prior to tnrba+&mW an *plicatm, you we encouraW to owed ow nnntbtg. Date atk%d ,d: Please loom the appHostion and testa: to-. City Ckrk 10500 North Military Trail Palm Beach 3ardems, P133410 (361) 799.4121 AppiiicaMm will be kept on file in the t W ty Ckr* s of ilcefor two (2))"a" PM USE PY CITY OF PALM BRA '-i GARDRNS ONLY: Appaiolad tc• Date of AppADMu ot: OdMINA08 Dona: &I• PUS 08/18/2008 18:34 FAX 5818338700 HCDPDC FINANCE DEPARTMET la003 Holly oath, CGFO 3867 Buttercup Circle N. Palm Beach Gardens, FL 33410 561- 301 -9848 amplaryrrwnt History ControWr Health Care District of Palm leach County Octoter 2005 — present • Implementing quarterly r Mew of all general accounts to ensure accuracy. • Reviewed audit work pal ers • CoordMied wlbh exbemi I sudibDra lo facilitate annual audit. • Review monthly financia reports. • Ensures general ledger; nd annual reports accurately reflect the Distr'ict's financial condition. Developing accounting p Alcies and procedures. Deputy Director of Administr: dive and Flnancial Services Assistant Finartce Director VNIaga of Wellington Wellington, Florida October 2001 —October 200 i • Implemented GASB 34 f nancial reporting model. • Negotiated savings on tx inking fees. • Assisted with debt financ mg. • R.eVoed Investment polk y. • Facilitated Employee foc is group on compensation and benefits. • Irriplemented Health Rel nbursementAccount Benefit • Created custom reports o assist with audit and interim financial reporting. • Assisted with implement ition of new utility billing software system. • Implemented revised pet:sion plan with new provider as well as enhanced benefits. • Implemented self funded dental Insurance program. • Iriplemented quarterly rf view of all general accounts to ensure accuracy. • Reviewed and prepared rudit work papers. Coordinated with external auditors to facilitate annual audit. • Ensures general ledger a nd annual reports accurately reflect the Village's financial condition. • Developed and impleme ited accounting policies and procedures. Assistant Finance Director City of Palm Beach Gardens Palm Beach Gardens, Florid October 1993 — October 2001 • Prepared information to je submitted to bond rating agencies and bond consultants to establish first band rating for the City. • Assisted with General O iligation bond Issue. • Cevebped annual five -y.:ar capital improvement plan as well as annual budget. • Published annual budger on City web site. • assisted with developme nt and implementation of new personnel policy which redesigned benefits for ganeral empk4vms. • Cirected workflow, sups rised and trained accounting staff performing accounts payable, payroll, and b -isiness licensing. • Consulted with citywide; i epasttnents in the use at financial information and provided for their fmancial Informational needs. • Coordinated the review o f all City financial records. 04/10/9000 10:34 FAX 5818358709 RCDPOC FINANCE DEPARTIfET Holly Vath, CGFO __. 91004 • Reviewed and prepared audit work papers. • Ensured general ledger ind annual reports accurately reflected the City's financial condition. • Provides City monegem, trit And City Council with timely financial Information regerding the City's financial position by pre j aring monthly and annual financial reports_ • Developed and impieme tied procedures to provide accurate grid timely fiscal information. • Obbdning the GFOA Die inguished Budget Award for the first *ne for City. • Analyzed payfdi acrd bee isfit data for union negotiations. • Responsible for coordlm tion of Inventory of fixed assets. Com*oNer/Direc for Data Pi xessing City of Palen Beads Gardena Palm Beach Owdens, Fbrid i August 1989 - September 1193 • Supervised the daily fins icial activities, including accounts payable, payroll, data processing and occupational licensing, L ider direction of the C-Ry Manager. Pevievved and prepared audit work papers. • Prepared reports to am re financial compliance with City, County, State and Federal laws, c irdinances, and general Accepted accountibg pra'Ncoes. • Evaluates and assists ci y departments vKm their data processing requests. Pesearches and recomr rends purchases of all data processing hardware and software. • Expanded computer use to all city departments. • Flanned and implement d migration to Local Area Network using Windows NT 4.0. Customer Support Manager Infortriation Management Se vices Omxmd Beach, Florida Jsnuwy 1988 - August 1999 • Coordinated installation >f government financial accounting software. • Tested and evaluated cl angea to government payroll, accounts payable, utility billing, occupational licenses, building permit general ledger, and fixed assets software. • Developed problem tracing system. • Worked with and users c eveloping complete financial systems to meet financial needs determined by clients. • Nlanaged customer supl ort staff. • Coordinated with client a editors on requirements for software generated reports. Customer Support Represer tative Information Management Se vices Ormond Beach, Florida August 1864 - December 19 17 • Installed payroll, accoun s payable, utility baling, occupational licenses, building permits, general ledger, and fixed assets software for municipal governments. • Provided training on pay oll, accounts payable, UVIlty tiling, occupational licenses, building permits, general ledger, and ftxec assets software for municipal governments. • Provided phone and on .;It* software support for client base of 80 municipalities. • Wrote end user manual: for accounts payable, utility billing, payroll and general ledger software. OVIS /2000 18 :34 FAX 5818358700 HCDPBC FINANCE DEPARTIIET 005 Holly Vath, COF0 Education Embry Riddle Aeronautical L niversity Daytona Beach, Florida Bachelor of Science, April IS B4 Major~ Computer Science Mino •: Mathematics Floric:'a Atlantic University Mastvs Public Administratio i — August 2001 Professional r: ue nrnent Finance Officer ; Association Budget Reviewer Florica Govemment Fkwwu Officers Association Chair, Information T. tchnology Committee Chair, Member Sery cas Committee School of Govemmf nt Finance Committee Memberships and P ibiications Committee Palm Beach County Finance Officers Association President Treasurer Florida Certified Governmen Finance Officer. 2002 .1 u� AMR-/ to solve complex worti problems using spreadsheet. database, and word processing software. Expert in concluding researc 1 to compile reports used in decision making. Ensures financial compliance with City, Co", State and ;ederal laws, ordinances, and general accepted accounting principles. Donna Cannon Subject: FW: Board and Committee Application Donna M. Cannon Municipal Services Coordinator City of Palm Beach Gardens Phone: 561 - 799 -4121 Fax: 561 - 799 -4124 dcannon0pbef1.com - - - -- Original Message---- - From: mdoherty @pbgfl.com [mailto:mdoherty @pbgfl.com] Sent: Saturday, November 20, 2010 11:51 AM To: Donna Cannon Subject: Board and Committee Application Name: Jacob Noble Home Address: 11027 Legacy Boulevard Apt. 102 Home City: Palm Beach Gardens Home Zip: 33410 Home Phone: Work Phone: 5618477095 Cell Phone: 5615967525 Years of Residency: 7 Computer Available ?: Yes Primary Email: noble77@bellsouth.net Secondary Email: thenoblelawfirm(@hotmail.com Preferred Means of Contact: Cell Phone DateAttended: 11/18/2010 Interested in PRAB: Yes Interested in PZAB: Yes Interested in BOC: Yes First Choice: Parks and Recreation Advisory Board Second Choice: Budget Oversight Committee Third Choice: Planning, Zoning and Appeals Board Current PBG Board or Committee Member ?: No Current PBG Board or Committee serving on ?: N/A Past Service on PBG Board or Committee: No Past PBG Board or Committee served on:: N/A PBG Board or Committee Past Service Dates: Current PB County Board or Committee Member ?: No Current PB County Board or Committee serving on:. Past Service on PB County Board or Committee ?: No Past PB County Board served on:: Past PB County service dates: Participation Hope: Establishing contacts with residents of Palm Beach Gardens Employer: Self- Employed Employer Address: 4400 Northcorp Parkway, Palm Beach Gardens, FL 33410 Profession: Attorney Position: Solo- Practitioner Registered in Florida ?: Yes Licensed in Florida ?: Yes PBG Occ License ?: No Years Practicing ?: Conflict of Interest ?: No Conflict Explanation:: Professional Background: Attorney: Attorney Professional Background: Other Text: Diplomal: Juris Doctorate Institutionl: Stetson College of Law CourseStudyl: Law 1 Diplomat: Bachelor of Science Institution2: Guilford College CourseStudy2: History Diploma3: Bachelor of Arts Institution3: Guilford College CourseStudy3: Justice and Policy Studies Diploma4: Institution4: CourseStudy4: Registered to vote ?: Yes Participated in civic activities ?: Yes Participation Explanation: Campaigned for Jacob M. Noble Date Signature: 11/20/2010 Other Explanation: Sent from IP Address: 184.32.217.182 Date /Time: 11/20/2010 11 :51 AM Dave Aronberg and Mark Marciano Name Signature: Learned About: Community: Community Learned About: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 16, 2010 Resolution 94, 2010 Subject/Agenda Item: Approving the purchase of fifteen (15) replacement Police Department vehicles from Maroone Dodge of Pembroke Pines and Hub City Ford, Inc. via an existing contract with the Florida Sheriffs Association (No. 10 -18- 0907). [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $357,735.00 Council Action: (Total) Oper ions Director City Aft [ ] Approved $357,735.00 Current FY [ ] Approved w/ Mischa Mor w R. M& Lohman, Esq. conditions ' c 14Y [ ] Denied Finan Di c r Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Allan Owens Paper: [ X ] Other a Resolution 94, 2010 — Exhibit A: Vehicle [ x ] Not Required Capital — Fleet Fund List Submitted by: De er ffected parties [X] Notified Budget Acct, #: 501.3020.539.6410 J. Dough '111 Approved by: City er [ ] Not d Ronald . Fe is Meeting Date: December 16, 2010 Resolution 94, 2010 Page 2 of 2 BACKGROUND: This item is in response to the recently released Florida Sheriffs Association contract for vehicles and equipment, and our budgeted purchases for this fiscal year. As part of the City's "going green" initiative and our desire to be more environmentally responsible, all police sedan vehicles are being purchased utilizing smaller, more efficient six (6) cylinder motors rather than the traditional eight (8) cylinder motors. Our past findings with the six (6) cylinder motors have been very positive due to the fuel cost savings and the performance of the motor over the larger eight (8) cylinder. The City's Fleet Work Group, which is comprised of one (1) representative from each department, has reviewed all vehicles included in the purchase request for FY 2011. This review is consistent with the Budget Oversight Committee's objectives. Vehicle purchases are as follows: Police Eleven (11) Dodge Chargers (Patrol) $269,159.00 Four (4) Ford Tauruses (Administration) $88,576.00 The total cost of all vehicles is $357,735.00, which will be purchased via the existing contract with the Florida Sheriff's Association (No. 10 -18- 0907). These vehicles will be replacing existing vehicles that no longer adequately provide the required level of service and will subsequently be auctioned. Funding is provided by the Fleet Maintenance Fund (Budget for Fiscal Year 2010/2011). If approved, delivery of the vehicles will occur within 180 days of the order being placed. STAFF RECOMMENDATION: Staff recommends approval of Resolution 94, 2010 as presented. RESOLUTION 94, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF FIFTEEN (15) REPLACEMENT POLICE DEPARTMENT VEHICLES FROM MAROONE DODGE OF PEMBROKE PINES AND HUB CITY FORD, INC. VIA AN EXISTING CONTRACT WITH THE FLORIDA SHERIFF'S ASSOCIATION, CONTRACT NO. 10 -18- 0907; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Palm Beach Gardens wishes to purchase fifteen (15) police department vehicles, as outlined in Exhibit "A" attached hereto, which are replacing existing vehicles that no longer adequately provide the required level of service and will subsequently be auctioned; and WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, these vehicles will be purchased via an existing contract with the Florida Sheriffs Association (No. 10 -18- 0907); 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 of the City of Palm Beach Gardens hereby authorizes the purchase of fifteen (15) replacement police department vehicles from Maroone Dodge of Pembroke Pines and Hub City Ford, Inc. for an amount not to exceed $357,735.00 via an existing contract with the Florida Sheriffs Association (No. 10 -18- 0907). SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 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 PASSED AND ADOPTED this day of ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY Resolution 94, 2010 2010. CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \Resolution 94 2010 -Vehicle Purchases.doc Page 2 of 2 M'F'."'Oroe Resolution 94, 2010 EXHIBIT "A" Police Eleven (11) Dodge Chargers (Patrol) $269,159.00 Four (4) Ford Tauruses (Administration) $88,576.00 The total cost of all vehicles and equipment is $357,735.00, which will be purchased via an existing contract with the Florida Sheriff's Association (No. 10 -18- 0907). Funding is provided by the Fleet Maintenance Fund. If approved, delivery of the equipment and vehicles will occur within 180 days of the order being placed. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 16, 2010 Resolution 95, 2010 Subject/Agenda Item: Authorizing the issuance not to exceed $4,440,996.89 of the City of Palm Beach Gardens General Obligation Refunding Bond, Series 2010, to SunTrust Bank. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $28,000 Council Action: Finance (Total) Cit y [ ]Approved Allan Owens Finance Administrator $ -0- [ ]Approved w/ R. Mix ohman, Esq. Current FY conditions (paid from proceeds) [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [X] Operating Paper: [ ] Other ➢ Resolution 95, 2010 ➢ Bank of America Commitment Letter Submitted by: [X] Not Required Depa me Di ector Allan Owens Affected parties [ ] Notified Budget Acct. #: 001.0900.519.7110 [ ] None Approved by: 001.0900.519.7210 City Man r r L -- Ronald . F ris [X] Not required Meeting Date: December 16, 2010 Resolution 95, 2010 Page 2 of 2 BACKGROUND: Staff has been working with our financial advisor, Mr. Clark Bennett of Spectrum Municipal Services, to identify potential savings that could be realized from refinancing existing debt. Mr. Bennett has identified the Series 1998 and 1999 General Obligation Bonds as issues that could be refinanced and yield substantial savings. Mr. Bennett solicited quotes from financial institutions and received responses from Suntrust and Bank of America. The rates quoted ranged from 2.67% to 2.68 %. Staff is recommending awarding the loan to SunTrust, at a rate of 2.67 %. Based on this quote, the City would realize an estimated gross savings of $343,276.47, with a net present value savings of $336,688.29, which equates to 7.794% of the refunded issue. Although there can be many reasons to refinance debt, General Obligation debt can only be refinanced to realize savings for the taxpayers. The current minimum level at which it is deemed advisable to refinance, purely from a financial point of view, is 3 %. Accordingly, our financial advisor has recommended, and staff agrees, that it would be financially prudent to refinance the Series 1998 and 1999 General Obligation Bonds. The repayment of this loan will be from the separately levied debt service millage. STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 95, 2010 as presented. November 23, 2010 City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 Attn: Allan Owens Finance Director Re: Palm Beach Gardens General Obligation Bonds, Series 2010 (Series 2010 Notes) Dear Mr. Owens: On behalf of SunTrust Bank (the "Bank "), I am pleased to present this commitment to the City of Palm Beach Gardens, Florida (the "Borrower") in the amount of up to $4,460,622.89. It is our understanding that the proceeds from the General Obligation Bond, Series 2010 will be used to refund General Obligation Bonds as detailed below. Although the following provisions, terms and conditions are intended to be comprehensive, they are not necessarily inclusive of all the anticipated terms that will be applicable to the credit and does it purport to summarize all of the conditions, covenants, representations, warranties, events of default or other provisions that may be contained in documents required to consummate this financing. All of such terms will be set forth in the final, definitive loan documents, and all such terms must be acceptable to the Bank and its counsel. This financing proposal is contingent upon the accuracy of all facts, statements and financial information submitted to the Bank by the Borrower and is conditioned upon the terms outlined below. Borrower. The City of Palm Beach Gardens, Florida Bank: SunTrust Bank Contact: Leslie L. Downs First Vice President SunTrust Bank 501 S Flagler Drive 2nd Floor West Palm Beach, FL 33401 Phone: 561.835.2677 Facility Type: Bank Qualified Loan in the form of a tax - exempt bond (the "Bond "). The Bond must be a "qualified tax exempt obligation" under Section 265(b)(3) of the Internal Revenue Code. Purpose The proceeds from the General Obligation Bonds, Series 2010 will be used to refund the Series 1998 General Obligation Bonds and the Series 1999 General Obligation Bonds as well as allowed closing costs and interest. Amount: Up to $4,460,622.89 Terms: Interest shall be payable semi- annually on January 1 and July 1 of each year commencing July 1, 2011. Principal payments shall be due annually on July 1, commencing July 1, 2011. Security. • The Series 2010 Bonds and the interest thereon are General Obligations of the City and will be payable from and secured by the full faith and credit of the City. Interest Rate: The interest rate on the loan will be a tax exempt bank qualified fixed loan rate of 2.67% based upon a 30/360 interest rate calculation. The interest rate will be locked for a period of 45 days from November 15, 2010. Maturity Date., July 1, 2019 Prepayment After -Tax Yield Maintenance The City may prepay the loan at anytime upon two Business Days' prior written notice to SunTrust. Such prepayment notice shall specify the amount of the prepayment which is to be applied. In the event of prepayment of the Note, the Borrower may be required to pay SunTrust an additional fee (a prepayment charge) determined in the manner provided below, to compensate SunTrust for all losses, costs and expenses incurred in connection with such prepayment. The fee shall be equal to the present value of the difference between (1) the amount that would have been realized by SunTrust on the prepaid amount for the remaining term of the loan at the Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest rate swaps for a term corresponding to the term of the Note, interpolated to the nearest month, if necessary, that was in effect three Business Days prior to the origination date of the Note and (2) the amount that would be realized by SunTrust by reinvesting such prepaid funds for the remaining term of the loan at the Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest rate swaps, interpolated to the nearest month, that was in effect three Business Days prior to the loan repayment date; both discounted at the same interest rate utilized in determining the applicable amount in (2). Should the present value have no value or a negative value, the Borrower may repay with no additional fee. Should the Federal Reserve no longer release rates for fixed -rate payers in interest rate swaps, SunTrust may substitute the Federal Reserve H.15 Statistical Release with another similar index. SunTrust shall provide the Borrower with a written statement explaining the calculation of the premium due, which statement shall, in absence of manifest error, be conclusive and binding. This alternative does not increase the interest rate. The interest rates quoted herein take into consideration a marginal federal corporate tax rate of 35 %. In the event of a decrease in the marginal maximum corporate tax rate, the Bank shall have the right to adjust the interest rate upwards in order to maintain the same after tax yield. The Bank shall have the right to adjust the interest rate upwards in order to maintain the same after tax yield if any amendments to existing law are enacted which would adversely affect SunTrust's after tax yield or if the Bond fails to be eligible as a qualified tax - exempt obligation under Section 265(b)(3) of the Internal Revenue Code. Financing Documents Financing Documents will include a resolution and bond. The City will covenant to take all steps necessary for the Bond to be treated as a qualified tax- exempt obligation under Section 265(b)(3) of the Internal Revenue Code. Legal Fees: Our proposed bank counsel is Anitra Lanczi at Shutts and Bowen LLP in Ft. Lauderdale, Florida. Fees for our counsel will be $5,000.00 if our counsel reviews documentation prepared by the counsel to the City. Covenants and Conditions A) All matters relating to this loan, including all instruments and documents required, are subject to the Bank's policies and procedures in effect, applicable governmental regulations and /or statutes, and approval by the Bank and the Bank's Counsel. B) Borrower shall submit annual financial statements within 180 days of fiscal year end, together with an annual budget within 30 days of adoption, together with any other information the Bank may reasonably request. C) A written opinion from Borrower's Counsel, in form and substance acceptable to the Bank and Bank's Counsel, that all documents are valid, binding and enforceable in accordance with their terms, that execution and delivery of said documents has been duly authorized, and addressing such other matters as the Bank and the Bank's Counsel deem appropriate. D) The Borrower shall comply with and agree to such other covenants, terms, and conditions that may be reasonably required by the Bank and its counsel and are customary in taxable financings of this nature. These covenants would include, but are not to be limited to, covenants regarding compliance with laws and regulation, remedies in the event of default. E) The "Bank- Qualified" interest rate quoted herein assumes the obligations is a "qualified tax - exempt obligation" as defined in Section 265(b)(3) of the Internal Revenue Service Code. Receipt of opinions from Borrower's counsel and Bond Counsel in each case in form and substance satisfactory to the Bank, which shall include, without limitation, opinions that the financing is tax - exempt and that the Bond is a qualified tax- exempt obligation under Section 265 (b)(3) of the Internal Revenue Code. F) The Borrower shall agree to have the interest payments collected via ACH Direct Debit. Acceptance of Commitment: If you are in agreement with the foregoing, please sign and return the enclosed copy of this Commitment Letter to the Bank at its office located at 501 S Flagler Drive 2nd Floor West Palm Beach, FL 33401 Attention: Leslie Downs. Unless the Bank receives such copy of this Commitment Letter duly executed by an authorized officer of the Borrower prior to 5:00 p.m. (EST), on December 10, 2010 the Bank's obligations hereunder shall terminate on such date. In no event shall the Bank have any obligation to make the Facility available unless the closing shall have occurred on or prior to December 23, 2010. In addition to the foregoing, this Commitment Letter may be terminated at any time by mutual agreement. This Commitment Letter shall constitute a binding obligation of the Bank for all purposes immediately upon the acceptance hereof by the Borrower in the manner provided herein. Notwithstanding any other provision of this Commitment Letter, the Bank's commitments and undertakings as set forth herein shall not be or become effective for any purpose unless and until this Commitment Letter shall have been accepted by the Borrower in the manner specified below THIS COMMITMENT LETTER WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDAWITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS THEREOF TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE BORROWER AND THE BANK HEREBY WAIVES JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS COMMITMENT LETTER OR ANY OTHER DOCUMENTS CONTEMPLATED HEREBY. This Commitment Letter may be executed in any number of separate counterparts, each of which shall collectively and separately, constitute one agreement. Upon acceptance by you as provided herein, this Commitment Letter shall supersede all understandings and agreements between the parties hereto in respect of the transactions contemplated hereby. Sincerely, �U,�,L -/ (0(A , M Leslie L. Downs SunTrust Bank Institutional & Governmental Banking Group Vice President BORROWER ACCEPTS THE COMMITMENT: Date 1 RESOLUTION 95, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF 6 $4,440,996.89 GENERAL OBLIGATION REFUNDING BONDS, 7 SERIES 2010 FOR THE PURPOSE OF REFUNDING ALL OF THE 8 CITY'S GENERAL OBLIGATION BONDS, SERIES 1998 AND SERIES 9 1999, THAT REMAIN OUTSTANDING; PRESCRIBING THE FORM, 10 TERMS, AND DETAILS OF SUCH BONDS; MAKING CERTAIN 11 OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH 12 THE ISSUANCE OF SUCH BONDS; SPECIFYING THE USE OF THE 13 PROCEEDS OF SUCH BONDS; AWARDING SUCH BONDS TO 14 SUNTRUST BANK BY NEGOTIATED SALE; DIRECTING THE LEVY 15 OF THE AD VALOREM TAXES OF THE CITY OF PALM BEACH 16 GARDENS TO THE REPAYMENT OF THE BONDS; DESIGNATING 17 THE BONDS AS "QUALIFIED TAX - EXEMPT OBLIGATIONS" WITHIN 18 THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL 19 REVENUE CODE OF 1986, AS AMENDED; PROVIDING A 20 CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING 21 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 23 24 WHEREAS, the CITY OF PALM BEACH GARDENS, FLORIDA (the "Issuer") is 25 authorized by the provisions of Chapter 166, Part II, Florida Statutes, Article VIII, Section 26 2, and Article VII, Section 12 of the Florida Constitution, and the Charter of the City of 27 Palm Beach Gardens to issue general obligation bonds and general obligation refunding 28 bonds; and 29 30 WHEREAS, in order to reduce the annual debt service payments on the Issuer's 31 outstanding general obligation debt, the City Council has decided to refund the 32 outstanding principal balance of the Issuer's General Obligation Bonds, Series 1998 and 33 the Issuer's General Obligation Bonds, Series 1999 (collectively, the "Refunded Bonds "), 34 which were duly approved by the voters of the City; and 35 36 WHEREAS, the Issuer desires to authorize the issuance of its General Obligation 37 Refunding Bonds, Series 2010 (the "Bonds ") in the aggregate principal amount of 38 $4,440,996.89 to refund the Refunded Bonds; and 39 40 WHEREAS, the ad valorem taxing power of the Issuer will be levied to provide for 41 the payments due on the Bonds; and 42 43 WHEREAS, SunTrust Bank (the "Bank ") has presented a Commitment Letter dated 44 November 23, 2010 (the "Commitment Letter ") to purchase the Bonds, which purchase 45 has been determined by the Issuer to be in its best interest; and 46 Page 1 of 8 Resolution 95, 2010 1 WHEREAS, the Issuer does not reasonably anticipate issuing tax - exempt 2 obligations in excess of $30,000,000 during calendar year 2010; and 3 4 WHEREAS, the City Council deems approval of this Resolution to be in the best 5 interests of the health, safety, and welfare of the residents and citizens of the City of 6 Palm Beach Gardens and the public at large. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed, ratified, and 13 incorporated herein. 14 15 SECTION 2. DEFINITIONS: For the purposes of this Bond Resolution, the 16 capitalized terms herein shall have the following respective meanings: 17 18 "Bank" shall mean SunTrust Bank, a Georgia banking corporation, and its 19 successors and assigns. 20 21 "Bond Rate" shall mean the per annum rate of interest borne by the Bonds from 22 time to time, as herein provided. 23 24 "Bond Resolution" shall mean this Resolution, authorizing the issuance of the 25 Bonds. 26 27 "Bonds" shall mean the Issuer's $4,440,996.89 General Obligation Refunding 28 Bonds, Series 2010, authorized to be issued hereby. 29 30 "Clerk" shall mean the City Clerk of the Issuer or any Deputy Clerk of the Issuer. 31 32 "Fiscal Year" shall mean the period commencing on October 1 of each year and 33 ending on the succeeding September 30, or such other consecutive twelve- (12) month 34 period as may be hereafter designated as the fiscal year of the Issuer pursuant to general 35 law. 36 37 "Issuer" or "City" shall mean the City of Palm Beach Gardens, a municipal 38 corporation duly organized, existing, and in good standing under the laws of the State of 39 Florida. 40 41 "Mayor" shall mean the Mayor of the City or, in the Mayor's absence, the Vice - 42 Mayor, or such other persons as may be duly authorized to act on the Mayor's behalf. 43 44 "Paying Agent" shall mean the Clerk. 45 46 Page 2of8 Resolution 95, 2010 1 "Payment Date" shall mean the due date of any payment of principal of or interest 2 on the Bonds. 3 4 "Refunded Bonds" shall mean collectively the Series 1998 Bonds and the Series 5 1999 Bonds. 6 7 "Series 1998 Bonds" shall mean the Issuer's General Obligation Bonds, Series 8 1998 that remain outstanding on the date of adoption of the Bond Resolution. 9 10 "Series 1999 Bonds" shall mean the Issuer's General Obligation Bonds, Series 11 1999 that remain outstanding on the date of adoption of the Bond Resolution. 12 13 SECTION 3. BORROWING OF FUNDS, DESCRIPTION OF OBLIGATION: The 14 "Issuer" is hereby authorized to borrow in aggregate the principal amount of Four Million 15 Four Hundred Forty Thousand Nine Hundred Ninety -Six and 89/100 Dollars 16 ($4,440,996.89) at an interest rate of 2.67% per annum, calculated on the basis of a 360- 17 day year consisting of twelve (12) thirty- (30) day months (subject to adjustment as 18 provided in the form of Bond attached hereto as Exhibit "A "). 19 20 The Bonds shall be dated the date of their issuance and shall be payable as to 21 principal in the amounts and on the dates set forth in the form of Bond attached hereto 22 and incorporated herein as Exhibit "A." Interest on the Bonds shall be payable in arrears 23 on January 1 and July 1 of each year, beginning July 1, 2011. The Bonds shall be 24 payable with respect to both principal and interest at the office of the Bank as provided in 25 the Bonds, shall be payable in lawful money of the United States of America, and shall 26 bear interest from their date, payable in accordance with the Bonds. A record of all 27 payments shall be kept in the office of the Finance Department of the City of Palm Beach 28 Gardens. 29 30 The Bonds shall be issued under the terms and conditions contained in the form of 31 Bond, attached hereto as Exhibit "A ", which is made a part of and incorporated into this 32 Bond Resolution by this reference. 33 34 SECTION 4. AWARD OF BONDS: The City Council hereby finds, determines, 35 and declares that due to the nature of the Bonds, the maturity of the Bonds and prevailing 36 market conditions, the negotiated sale of the Bonds to the Bank in substantial 37 accordance with the Commitment Letter is necessary in order to preserve the health, 38 safety, welfare, and convenience of the City and its citizens, and the Bonds are therefore 39 awarded to the Bank; provided, however, that the provisions of this Resolution and of the 40 Bonds shall control to the extent of any conflict with the Commitment Letter. 41 42 SECTION S. USE OF PROCEEDS: The proceeds of the Bonds shall be used to redeem 43 the Refunded Bonds no later than December 31, 2010, and used to pay certain costs of 44 issuance of the Bonds. 45 46 Page 3of8 Resolution 95, 2010 1 SECTION 6. PLEDGE OF FULL FAITH, CREDIT, AND TAXING POWER: The 2 full faith, credit, and taxing power of the Issuer are hereby irrevocably pledged to the 3 payment of the principal of and interest on the Bonds. 4 5 The Issuer will diligently enforce its right to receive tax revenues and will diligently 6 enforce and collect such taxes. The Issuer will not take any action that will impair or 7 adversely affect its right to levy, collect, and receive said taxes, or impair or adversely 8 affect in any manner the pledge made herein or the rights of the Bank. SECTION 7. LEVY AND APPLICATION OF AD VALOREM TAX: In each Fiscal Year while any of the Bonds are outstanding there shall be assessed, levied, and collected a tax, on all taxable property within the corporate limits of the City (excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on the Bonds as the same shall become due. 16 The tax assessed, levied, and collected for the security and payment of the Bonds 17 shall be assessed, levied, and collected in the same manner and at the same time as 18 other ad valorem taxes of the Issuer are assessed, levied, and collected, and the 19 proceeds of said tax shall be applied solely to the payment of the principal of and interest 20 on the Bonds. On or before each Payment Date, the Issuer shall transfer to the Paying 21 Agent an amount sufficient to pay the principal of and interest on the bonds then due and 22 payable, and the Paying Agent is hereby authorized and directed to apply such funds to 23 such payment. 24 25 SECTIONS. LEGAL INVESTMENT: The Bonds shall be and are hereby 26 constituted as a legal investment for any state, county, municipal, or other public funds or 27 for any bank, savings bank, trustees, executors, guardians, or any trust or fiduciary funds 28 whatsoever. The Bonds shall also be and constitute a legal security which may be 29 deposited by any bank or trust company for the security of state, county, municipal, or 30 other public funds. 31 32 SECTION 9. BOND RESOLUTION TO CONSTITUTE CONTRACT: In 33 consideration of the acceptance of the Bonds authorized to be issued hereunder by those 34 who shall hold the same from time to time, this Bond Resolution shall be deemed to be 35 and shall constitute a contract between the Issuer and such holders. The covenants and 36 agreements herein set forth to be performed by the Issuer shall be for the benefit, 37 protection, and security of the legal holder of the Bonds. 38 39 40 41 42 43 44 45 46 Page 4 of 8 Resolution 95, 2010 1 SECTION 10. EXECUTION OF BONDS: The Bonds shall be executed in the 2 name of the Issuer by the Mayor and attested by the Clerk, and its corporate seal shall be 3 affixed thereto. In case any officer whose signature shall appear on the Bonds shall 4 cease to be such officer before the delivery of the Bonds, such signature shall 5 nevertheless be valid and sufficient for all purposes, the same as if such officer had 6 remained in office until such delivery. The Bonds may be signed and sealed on behalf of 7 the Issuer by such person who at the actual time of execution of the Bonds shall hold the 8 proper office with the Issuer, although at the date of the Bonds such person may not have 9 held such office or may not have been so authorized. SECTION 11. BONDS MUTILATED, DESTROYED, STOLEN, OR LOST: In case any of the Bonds shall become mutilated, or be destroyed, stolen, or lost, the Issuer shall issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen, or lost, in exchange and substitution for such mutilated bond, or in lieu of and substitution for the Bond destroyed, stolen, or lost and upon the holder furnishing the Issuer proof of its ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Bond so surrendered shall be cancelled. If the Bond shall have finally matured or be about to finally mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bond is lost, stolen, or destroyed, without surrender thereof. 22 23 SECTION 12. PROVISIONS FOR REDEMPTION: The Bonds shall be subject to 24 redemption prior to maturity at the times, and in the manner, set forth in the form of Bond, 25 attached hereto as Exhibit "A ". 26 27 SECTION 13. ASSIGNABILITY: The Bonds may be assigned as to principal and 28 interest by the Bank, or any assignee or successor -in- interest of the Bank. Such 29 assignment shall only be effective, and the Issuer obligated to pay such assignee, upon 30 written notice of assignment being provided to the City's Finance Administrator at 10500 31 North Military Trail, Palm Beach Gardens, Florida 33410; provided, however, the written 32 notice of assignment must be received by the City's Finance Administrator at least five 33 (5) calendar days prior to a Payment Date in order to carry the right to receive the interest 34 and principal payment due on such Payment Date. 35 36 SECTION 14. FINDINGS RELATING TO THE REFUNDING OF THE 37 REFUNDED BONDS: The Issuer makes the following findings: 38 39 A. The Series 1998 Bonds were issued on July 1, 1998, and the Series 40 1999 Bonds were issued on July 1, 1999, and the full faith, credit, and taxing power of the 41 Issuer are pledged to the payment of the principal of and interest on the Refunded 42 Bonds. 43 44 45 46 Page 5 of 8 Resolution 95, 2010 1 B. It is in the best interest of the Issuer, its citizens, and taxpayers to 2 take advantage of the existing favorable market conditions and the prevailing low interest 3 rates through the issuance of the Bonds in order to provide funds to refund the Refunded 4 Bonds. 5 6 C. The amount of money required to refund the Refunded Bonds is 7 $4,440,996.89, which amount will be used to pay the outstanding principal balance on the 8 Refunded Bonds of $4,320,000 ($2,240,000 with respect to the Series 1998 Bonds and 9 $2,080,000 with respect to the Series 1998 Bonds), accrued interest of $92,996.89, and 10 costs of issuance of approximately $28,000. All of such moneys will be provided from the 11 proceeds of the Bonds. Any additional costs will be paid from other moneys of the 12 Issuer. 13 14 D. The Bonds have a lower net average interest cost rate than the net 15 average interest cost rate of either the Series 1998 Bonds or the Series 1999 Bonds, and 16 the rate of interest borne by the Bonds does not exceed the maximum interest rate 17 established pursuant to the terms of Section 215.84, Florida Statutes. 18 19 E. The principal amount of the Bonds shall not exceed an amount 20 sufficient to pay the sum of the principal amount of the Refunded Bonds that are 21 outstanding on the date of issuance of the Bonds, the aggregate amount of unmatured 22 interest payable on the Refunded Bonds to and including the date that the Refunded 23 Bonds are to be redeemed, and the costs and expenses incidental to the issuance of the 24 Bonds. 25 26 F. The first installment of principal of the Bonds shall be due not later 27 than the first stated maturity of the Refunded Bonds occurring after the issuance of the 28 Bonds. 29 30 SECTION 15. IMPAIRMENT OF CONTRACT: The Issuer does hereby covenant 31 with the holders of the Bonds that it will not, without the written consent of the Bank, 32 enact any ordinance or resolution which repeals, impairs, or amends in any manner any 33 rights of such holders or the security of the funds which may be pledged to the payment 34 of the principal of and interest on the Bonds issued pursuant to the provisions of this 35 Bond Resolution, except as provided herein. 36 37 SECTION 16. INSTRUMENTS OF FURTHER ASSURANCE: The officers, 38 employees, and agents of the Issuer are hereby authorized and directed to do all acts 39 and things required therein by the provisions of the Bonds authorized by this Bond 40 Resolution, and for the full, punctual, and complete performance of all the terms, 41 covenants, provisions, and agreements of the Bonds. 42 43 44 45 46 Page 6of8 Resolution 95, 2010 1 SECTION 17. PROVISION OF FINANCIAL INFORMATION: The Issuer shall 2 provide the Bank with a copy of its (a) annually audited financial statements free of 3 charge within thirty (30) days of such statements being prepared, but in no event later 4 than one hundred eighty (180) days after the end of the preceding Fiscal Year and (b) its 5 annual budget, within thirty (30) days of its adoption. The Issuer shall also provide the 6 Bank with such other financial information as the Bank may reasonably require. 7 8 SECTION 18. BANK QUALIFIED ISSUE: The Issuer hereby designates the 9 Bonds to be "qualified tax - exempt obligations" within the meaning of Section 265(b) of the 10 Internal Revenue Code of 1986, as amended (the "Code "). The Issuer covenants that it 11 will take all reasonable steps necessary for the Bonds to continue to be qualified tax - 12 exempt obligations under Section 265(b). The Issuer acknowledges that any action 13 which adversely impacts the status of the Bonds as a "qualified tax - exempt obligation" 14 will result in an upward adjustment to the interest rate on such Bonds. 15 SECTION 19. NO ARBITRAGE BONDS: The Issuer shall be responsible for and 16 shall take any and all action necessary to keep the Bonds from being or becoming 17 "arbitrage bonds" under the provisions of Section 148 of the Code. Additionally, the 18 Issuer shall comply with any and all arbitrage rebate requirements contained in Section 19 148 of the Code. 20 21 SECTION 20. SEVERABILITY OF INVALID PROVISIONS: CONFLICTS: If any 22 one or more of the covenants, agreements, or provisions herein contained shall be held 23 contrary to any express provision of law or contrary to the policy of express law, though 24 not expressly prohibited, or against public policy, or shall for any reason whatsoever be 25 held invalid, then such covenants, agreements, or provisions shall be null and void and 26 shall be deemed separable from the remaining covenants, agreements, or provisions and 27 shall in no way affect the validity of any of the other provisions hereof or of the Bonds. 28 29 SECTION 21. REPEALING CLAUSE: All resolutions or parts thereof of the 30 Issuer in conflict with the provisions herein contained are, to the extent of such conflict, 31 hereby superseded and repealed. 32 33 SECTION 22. EFFECTIVE DATE: This Resolution shall take effect immediately 34 upon adoption. 35 36 37 (The remainder of this page intentionally left blank) 38 39 40 41 42 43 44 45 46 Page 7 of 8 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 95, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY In R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY CITY OF PALM BEACH GARDENS, FLORIDA M. David Levy, Mayor AYE NAY ABSENT G:\ attorney_ share\RESOLUTIONS\2010\RESOLUTION 95 2010 Refund GO Debt -City Atty Revisions- 2.docx Page 8 of 8 EXHIBIT "A" FORM OF BOND UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF PALM BEACH GARDENS GENERAL OBLIGATION REFUNDING BOND, SERIES 2010 December 17, 2010 Resolution 95, 2010 $4,440,996.89 THE CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida (the "Issuer "), for value received, hereby promises to pay, but only from the sources and in the manner specified herein, SunTrust Bank, West Palm Beach, Florida (the "Bank "), or to the assignee or successor -in- interest of the Bank as herein provided (together with the Bank, the "Owner "), the principal sum of Four Million Four Hundred Forty Thousand Nine Hundred Ninety -Six and 89/100 Dollars ($4,440,996.89) and in like manner to pay interest on the principal amount hereof remaining unpaid from time to time from the dated date hereof at a rate of 2.67% per annum, subject to adjustment as hereinafter provided (the "Bond Rate "). Interest shall be calculated on the basis of a thirty- (30) day month and a three hundred sixty- (360) day year. This Bond is a general obligation of the Issuer. The Issuer has pledged its ad valorem tax revenues for the payment of this Bond to the full extent permitted by the Constitution and laws of the State of Florida. Principal payments will be due on the Bonds in accordance with the following schedule: Payment Date Principal Amount Due July 1, 2011 $490,997.73 July 1, 2012 449,431.30 July 1, 2013 461,431.12 July 1, 2014 473,751.33 July 1, 2015 486,400.49 July 1, 2016 499,387.38 July 1, 2017 512,721.02 July 1, 2018 526,410.68 July 1, 2019 540,465.84 Accrued interest on this Bond will be due on January 1 and July 1 of each year, beginning July 1, 2011. Each date when principal and /or interest on this Bond is due is a "Payment Date." W If any of such Payment Dates shall fall on a Saturday, Sunday, or day on which the Bank is lawfully closed, the payment due on such date shall be due on the next succeeding day which is not a Saturday, Sunday, or day on which the Bank is legally closed, but interest shall continue to accrue until the payment is actually received by the Bank. Any payment of principal of and interest hereon not paid when due shall bear interest from the due date until paid at the Bond Rate. The following definitions shall apply to this Bond: "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service determining that interest paid or payable on the Bonds is or was includable in the gross income of an Owner of the Bonds for Federal income tax purposes; provided that no such decree, judgment, or action will be considered final for this purpose, however, unless the Issuer has been given written notice and, if it is so desired and is legally allowed, has been afforded the opportunity to contest the same, either directly or in the name of the Owner of the Bonds, and until the conclusion of any appellate review, if sought. "Margin Rate Factor" means the product of (a) one minus the Maximum Federal Corporate Tax Rate multiplied by (b) 1.53846. The Margin Rate Factor shall be 1.0 so long as the Maximum Federal Corporate Tax Rate shall be 35% and thereafter shall increase from time to time effective as of the effective date of any decrease in the Maximum Federal Corporate Tax Rate. "Maximum Federal Corporate Tax Rate" means the maximum rate of income taxation imposed on corporations pursuant to Section 11(b) of the Internal Revenue Code of 1986, as amended (the "Code "), as in effect from time to time (or, if as a result of a change in the Code the rate of income taxation imposed on corporations shall not be applicable to the Bank, the maximum statutory rate of federal income taxation which could apply to the Bank). "Taxable Period" shall mean, with respect to the Bonds, the period which elapses from the date on which the interest on the Bonds is includable in the gross income of the holders thereof as a result of a Determination of Taxability to and including the date the Bonds are prepaid as a result of such Determination of Taxability. "Taxable Rate" means the interest rate per annum equal to the product of the Bond Rate multiplied by [1.55]. The Bond Rate shall be subject to adjustment as follows, and the determination of such adjusted rate by the Bank (absent manifest error) shall be conclusive and binding upon the Issuer: A -2 1. In the event that the Maximum Federal Corporate Tax Rate in effect at any time while this Bond is outstanding decreases from the Maximum Federal Corporate Tax Rate previously in effect, the Bond Rate shall be increased, effective on the date of each such change in the Maximum Federal Corporate Tax Rate, as follows: the interest rate shall be changed to a rate equal to (i) the Bond Rate then in effect (ii) multiplied by the Margin Rate Factor. 2. In the Bond Resolution (hereinafter defined), the Issuer has designated the Bonds to be "qualified tax - exempt obligations" within the meaning of Section 265(b) of the Code. In the event of a determination by the Bank that the Bonds are tax - exempt obligations but are not "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code (or any successor provision), then from and after the date on which the Bank determines that the Bonds are not "qualified tax - exempt obligations ", the Bond Rate shall be increased to a rate equal to the product of the Bond Rate then in effect multiplied by [1.11]. 3. In the event of a Determination of Taxability, the Bond Rate shall be increased to the Taxable Rate commencing on the first day of the Taxable Period. In addition to the payments of principal, interest, or premium (if any) of the Bonds required to be paid pursuant to the terms hereof, the Issuer hereby agrees to pay to the Bank certain additional amounts, as follows: (a) an additional amount equal to the difference between (i) the amount of interest paid on the Bonds during the Taxable Period and (ii) the amount of interest that would have been paid on the Bonds during the Taxable Period had the Bonds borne interest at the Taxable Rate (with such rate being adjusted from time to time during such period as provided herein to reflect any adjustments of the Bonds); plus (b) an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Bank as a result of the occurrence of a Determination of Taxability. If any change in any law or regulation or in the interpretation thereof by any court or administrative or governmental authority charged with the administration thereof shall, in the Bank's reasonable determination, either (a) impose, modify, or deem applicable any reserve, special deposit, or similar requirement against the Bonds owned by the Bank or (b) impose on the Bank any other condition relating, directly or indirectly, to the hereinafter described Bond Resolution or the Bonds, and the result of any event referred to in the preceding clause (a) or (b) shall be to increase the cost to the Bank of owning the Bonds; then, upon written demand by the Bank, the Issuer hereby agrees to pay promptly to the Bank, from time to time as specified by the Bank, such additional amounts as shall be sufficient to compensate the Bank for such increased cost. A certificate of the Bank claiming compensation under this subsection and setting forth the additional amount or amounts to be paid to it hereunder shall be conclusive absent manifest error. In determining any such amount, the Bank may use any reasonable averaging and attribution methods. Gam? If after the date of issuance of the Bonds the Bank shall have reasonably determined that the adoption or implementation of any applicable law, rule, or regulation regarding capital adequacy, or any change therein, or any change in the interpretation or administration thereof by any governmental authority, central bank, or comparable agency charged with the interpretation or administration thereof, or compliance by the Bank with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank, or comparable agency, has or would have the effect of reducing the rate of return on the Bank's capital, on the Bonds or otherwise, as a consequence of its ownership of the Bonds to a level below that which the Bank could have achieved but for such adoption, change, or compliance (taking into consideration the Bank's policies with respect to capital adequacy) by an amount deemed by the Bank to be material, then from time to time, promptly upon demand by the Bank, the Issuer hereby agrees to pay the Bank such additional amount or amounts as will compensate the Bank for such reduction. A certificate of the Bank claiming compensation under this subsection and setting forth the additional amount or amounts to be paid to it hereunder shall be conclusive absent manifest error. In determining any such amount, the Bank may use any reasonable averaging and attribution methods. Provided, however, that notwithstanding any of the adjustments in the Bond Rate described above, the Bond Rate shall never exceed the maximum rate allowed by law. This Bond represents the entire issue of bonds of the Issuer designated as "City of Palm Beach Gardens, Florida, General Obligation Refunding Bonds, Series 2010 ", issued in the aggregate principal amount of $4,440,996.89, under and pursuant to the Constitution and laws of the State of Florida, particularly Chapter 166, Part II, Florida Statutes, and Article VIII, Section 2, and Article VII, Section 12 of the Constitution of the State of Florida, the Charter of the City of Palm Beach Gardens, and Resolution No. 95, 2010 of the Issuer adopted on December 16, 2010 (the "Bond Resolution "). This Bond is issued for the purpose of, and the proceeds will be used to, redeem in their entirety the Issuer's General Obligation Bonds, Series 1998 and the Issuer's General Obligation Bonds, Series 1999 (collectively, the "Refunded Bonds ") and to pay certain costs of issuance of the Bonds. A copy of the Bond Resolution is on file at the office of the City Clerk of the Issuer and reference is made to the Bond Resolution for a more complete description of, among other things, the terms and security for this Bond, the rights and remedies of the holders of this Bond, and the rights, duties, and obligations of the Issuer. The principal of, interest on, and any other payments due hereunder shall be payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts and shall be made by bank wire, bank transfer, check, or draft to the holder hereof at 501 South Flagler Drive, 2" Floor, West Palm Beach, Florida 33401 or such other address as the Bank or its assigns provides to the Finance Administrator of the Issuer in writing. This Bond is and shall have all the qualities and incidents of a negotiable instrument under the laws of the State of Florida. ., Upon two (2) business days' prior written notice to the Owner, the Issuer may prepay all, but not less than all, amounts owing under the Bonds at any time. In the event of prepayment while the Bank is the Owner of the Bonds, the Issuer may be required to pay the Bank an additional fee (a prepayment charge) determined in the manner provided below, to compensate the Bank for all losses, costs, and expenses incurred in connection with such prepayment. The fee shall be equal to the present value of the difference between (1) the amount that would have been realized by the Bank on the prepaid amount for the remaining term of the loan at % [the Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest rate swaps for a term corresponding to the term of the Bonds, interpolated to the nearest month, if necessary, that was in effect three (3) business days prior to the issue date of the Bonds] and (2) the amount that would be realized by the Bank by reinvesting such prepaid funds for the remaining term of the loan at the Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest rate swaps, interpolated to the nearest month, that was in effect three (3) business days prior to the loan repayment date; both discounted at the same interest rate utilized in determining the applicable amount in (2). Should the present value have no value or a negative value, the Issuer may repay with no additional fee. Should the Federal Reserve no longer release rates for fixed -rate payers in interest rate swaps, the Bank may substitute the Federal Reserve H.15 Statistical Release with another similar index. The Bank shall provide the Issuer with a written statement explaining the calculation of the premium due, which statement shall, in absence of manifest error, be conclusive and binding. If the Issuer (i) fails to pay any installment of principal of or interest on this Bond when due, (ii) defaults in the payment of principal of or interest on any other general obligation of the Issuer, or (iii) if an Event of Bankruptcy (as defined below) shall have occurred, then an event of default shall be deemed to have occurred, and all unpaid principal hereof and accrued interest hereon shall thereupon or thereafter, at the option of the Bank, with written notice of demand to the Finance Administrator of the Issuer, become immediately due and payable. An "Event of Bankruptcy" shall mean the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. If an event of default occurs, the Issuer agrees to pay costs and a reasonable attorney's fee at the trial and appellate levels in the event legal action to enforce payment of this Bond is instituted against the Issuer. M BANK AND ISSUER HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS BOND, THE BOND RESOLUTION AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. No covenant or agreement contained in this Bond or the Bond Resolution shall be deemed to be a covenant or agreement of any officer, member, or employee of the Issuer in his or her individual capacity, and no such officer, member, or employee shall be liable personally on this Bond or be subject to any personal liability or accountability by reason of the issuance of this Bond. It is hereby certified and recited that all acts, conditions, and things required to exist, to happen and to be performed precedent to and in connection with the issuance of this Bond, exist, have happened, and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond does not violate any constitutional or statutory limitations or provisions. IN WITNESS WHEREOF, the Issuer has issued this Bond and caused this Bond to be signed in its name and on its behalf by the manual signature of its Mayor and its seal impressed hereon and attested by the manual signature of the City Clerk, as of the day of December, 2010. CITY OF PALM BEACH GARDENS, FLORIDA [SEAL] ATTEST: By: Patricia Snider, CMC, City Clerk W. David Levy, Mayor Resolution 95, 2010 FORM OF ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond in the books kept by the Issuer for the registration thereof, with full power of substitution in the premises. Dated: SOCIAL SECURITY NUMBER OR FEDERAL IDENTIFICATION NUMBER OF ASSIGNEE NOTICE: The signature of this assignment must correspond with the name as it appears upon the within Bond in every particular, or any change whatever [Form of Abbreviations] The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to the applicable laws or regulations. TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with the right of survivorship and not as tenants in common UNIFORM TRANS MIN ACT - Custodian for (Cust.) (Minor) under Uniform Transfers to Minors Act of (State). Additional abbreviations may also be used though not in the above list. Name and address of assignee for payment and notice purposes. Notice: Date: Payment: Assignee: By: Title: CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 16, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: 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: PtQ a. p_; APPROVE MINUTES FROM NOVEMBER 4, 2010 CITY COUNCIL MEETING. :D b. APPROVE MINUTES FROM NOVEMBER 18, 2010 CITY COUNCIL MEETING. C. iw 'f APPROVE MINUTES FROM DECEMBER 2, 2010 CITY COUNCIL MEETING. d. } PROCLAMATION — LETS MOVE CAMPAIGN. UL PUBLIC HEARIN (* Designates Quasi- Judicial Hearing) a. * -iff Report on Page 19` Ordinance on Page 351 ORDINANCE 27, 2010 - (2nd READING AND ADOPTION) REZONING PARCEL 18.A07. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH QS GARDENS, FLORIDA REZONING ONE (1) PARCEL OF REAL PROPERTY CONSISTING OF APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, MORE OR LESS; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE, INFORMALLY KNOWN AS "PARCEL 18.A07 ", AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY RESIDENTIAL SINGLE FAMILY (RS) AND RESIDENTIAL ESTATE (RE) TO CITY OF PALM BEACH GARDENS RESIDENTIAL LOW, UP TO 4 UNITS PER ACRE (RL -2) ZONING DISTRICT; PROVIDING FOR REVISIONS TO THE ZONING DISTRICT MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. Report on Page 40.- Resolution on_Paae 7 RESOLUTION 91, 2010 - OUTDOOR ACCESSORY STRUCTURE AT MIDTOWN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ps,,�1 APPROVING A MAJOR SITE PLAN AMENDMENT TO THE MIDTOWN PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 4801 PGA 5-0 BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ADD AN OUTDOOR ACCESSORY STRUCTURE IN THE PLAZA BETWEEN CANTINA LAREDO AND III FORKS STEAKHOUSE; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. ance on P­ ORDINANCE 28, 2010 - (1ST READING) AMENDING FISCAL YEAR 2010/2011 BUDGETED FUND BALANCE CARRY. 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, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 100. Ordinance on Page 102) ORDINANCE 29, 2010 - (1ST READING) AMENDING THE FISCAL YEAR 2010/2011 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, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 55, 2010 – (CONTINUED FROM NOVEMBER 18, 2010) AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF 3� THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHEAST CORNER OF CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 96 TOWNHOMES AND 58 SINGLE- FAMILY HOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS- a. Report 109,' or RESOLUTION 93, 2010 - APPOINTMENT OF ONE MEMBER TO THE BUDGET OVERSIGHT COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF A REGULAR MEMBER TO THE BUDGET OVERSIGHT COMMITTEE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Pn — , {^ Resolut;­.. Page 15 RESOLUTION 94, 2010 - PURCHASE OF FIFTEEN REPLACEMENT VEHICLES. A RESOLUTION OF j� THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF FIFTEEN (15) REPLACEMENT POLICE 5 -� DEPARTMENT VEHICLES FROM MAROONE DODGE OF PEMBROKE PINES AND HUB CITY FORD, INC. VIA AN EXISTING CONTRACT WITH THE FLORIDA SHERIFF'S ASSOCIATION, CONTRACT NO. 10 -18 -0907; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. lesoiui X11 rage it RESOLUTION 95, 2010 - GENERAL OBLIGATION REFUNDING BONDS. A RESOLUTION OF THE CITY e� COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF $4,440,996.89 GENERAL OBLIGATION 0 REFUNDING BONDS, SERIES 2010 FOR THE PURPOSE OF REFUNDING ALL OF THE CITY'S GENERAL OBLIGATION BONDS, SERIES 1998 AND SERIES 1999, THAT REMAIN OUTSTANDING; PRESCRIBING THE FORM, TERMS, AND DETAILS OF SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; SPECIFYING THE USE OF THE PROCEEDS OF SUCH BONDS; AWARDING SUCH BONDS TO SUNTRUST BANK BY NEGOTIATED SALE; DIRECTING THE LEVY OF THE AD VALOREM TAXES OF THE CITY OF PALM BEACH GARDENS TO THE REPAYMENT OF THE BONDS; DESIGNATING THE BONDS AS "QUALIFIED TAX- EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. N1. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIL CITY ATTORNEY REPORT: slInrr W,p 7�> CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 16, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jrablin Council Member Tinsley I. ✓PLEDGE OF ALLEGIANCE IL ROLL CALL j -6 III. ✓ADDITIONS, DELETIONS, MODIFICATIONS: IV ✓ ANNOUNCEMENTS / PRESENTATIONS: 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: S� a. (Page 5 APPROVE MINUTES FROM NOVEMBER 4, 2010 CITY COUNCIL MEETING. b. Pa e 8 APPROVE MINUTES FROM NOVEMBER 18, 2010 CITY COUNCIL MEETING. C. (Page 14 APPROVE MINUTES FROM DECEMBER 2, 2010 CITY COUNCIL MEETING. d. (Page 18 PROCLAMATION — LET'S MOVE CAMPAIGN. IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. *(Staff Report on Page 19, Ordinance on Page 35) ORDINANCE 27, 2010 — (2"a READING AND ADOPTION) REZONING PARCEL 18.A07. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING ONE (1) PARCEL OF REAL PROPERTY CONSISTING OF APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, MORE OR LESS; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE, INFORMALLY KNOWN AS "PARCEL 18.A07 ", AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY RESIDENTIAL SINGLE FAMILY (RS) AND RESIDENTIAL ESTATE (RE) TO CITY OF PALM BEACH GARDENS RESIDENTIAL LOW, UP TO 4 UNITS PER ACRE (RL -2) ZONING DISTRICT; PROVIDING FOR REVISIONS TO THE ZONING DISTRICT MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *(Staff Report on Page 40, Resolution on Page 71) RESOLUTION 91, 2010 - OUTDOOR ACCESSORY STRUCTURE AT MIDTOWN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE MIDTOWN PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 4801 PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ADD AN OUTDOOR ACCESSORY STRUCTURE IN THE PLAZA BETWEEN CANTINA LAREDO AND III FORKS STEAKHOUSE; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 93, Ordinance on Page 95) ORDINANCE 28, 2010 — (1 READING) AMENDING FISCAL YEAR 2010/2011 BUDGETED FUND BALANCE CARRY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM 0 BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER / 1, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 100, Ordinance on Page 102) ORDINANCE 29, 2010 — (16' READING) AMENDING THE FISCAL YEAR 2010/2011 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, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. *(Memo on Page 107) RESOLUTION 55, 2010 - (CONTINUED FROM NOVEMBER 18, 2010) AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN jp AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT �j (PUD), LOCATED AT THE NORTHEAST CORNER OF CENTRAL S ll BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY �5Ijko►I DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 96 11 TOWNHOMES AND 58 SINGLE - FAMILY HOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. XI RESOLUTIONS: a. (Staff Report on Page 109, Resolution on Page 111 RESOLUTION 93, 2010 - APPOINTMENT OF ONE MEMBER TO THE BUDGET OVERSIGHT COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -Q PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF A REGULAR MEMBER TO THE BUDGET OVERSIGHT COMMITTEE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 150, Resolution on Page 152) RESOLUTION 94, 2010 - PURCHASE OF FIFTEEN REPLACEMENT VEHICLES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF FIFTEEN (15) REPLACEMENT POLICE 5r "o DEPARTMENT VEHICLES FROM MAROONE DODGE OF PEMBROKE PINES AND HUB CITY FORD, INC. VIA AN EXISTING CONTRACT WITH THE FLORIDA SHERIFF'S ASSOCIATION, CONTRACT NO. 10 -18 -0907; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 155, Resolution on Page 161) RESOLUTION 95, 2010 - GENERAL OBLIGATION REFUNDING BONDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF $4,440,996.89 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010 FOR THE PURPOSE OF REFUNDING 57,0 ALL OF THE CITY'S GENERAL OBLIGATION BONDS, SERIES 1998 AND SERIES 1999, THAT REMAIN OUTSTANDING; PRESCRIBING THE FORM, TERMS, AND DETAILS OF SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; SPECIFYING THE USE OF THE PROCEEDS OF SUCH BONDS; AWARDING SUCH BONDS TO SUNTRUST BANK BY NEGOTIATED SALE; DIRECTING THE LEVY OF THE AD VALOREM TAXES OF THE CITY OF PALM BEACH GARDENS TO THE REPAYMENT OF THE BONDS; DESIGNATING THE BONDS AS "QUALIFIED TAX - EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 - 955 -8771 (TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. U U D Cll 0 U cn O � LL � Q O :5 Cll O °C U t° Q) a) � cv c � Z Q U U1 U_ E N CO (ll O Q (ll 0-0 E U 4� C E E (D L O :3 — U C: Q) �4-j O N co ._ L (D U) > QOZ3 N O O L -C O +-' N O E O E -0 c U E O c: ` -t :3Q) CITY COUNCIL MEETING 12/16/10 PROPOSED ADDITIONS, DELETIONS :AND MODIFICATIONS ADDITIONS: UNDER ANNOUNCEMENTS /PRESENTATIONS FEMA Reimbursements Recognition DELETIONS NON F. MODIFICATIONS: NONE � O v 06 0 Poo V�JJ � W a Z � N � W O a b�A � � O .P-4 A • �I I��I � A it O O1.4 N � N � V o ~ .n, � 0 O O E'-4 CJ Z � � W •c c � L O Z ^' bD L O A Z Z � •c � N N O U ci O C) o r 4 Q• .°: - E-� F w �= 0 �i ••i F � v w O e� �. o u cu Lo O 3 C OW a� Q WD PC .. o ^. a. v o F a� as �► �..� V F a� at u r�leeT'n.P i'l «/1° CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: December 8, 2010 FROM: Allan Owens, Finance Administrator SUBJECT: FEMA Reimbursements We recently received two payments from FEMA totaling $686,667 for reimbursement of gated debris costs from Hurricane Frances. This is in addition to the payment we received in June of this year in the amount of $1,157,454, for a total of $1,844,121 recovered for gated debris costs for Hurricane Frances. In 2008 we received a total of $1,121,640 for Hurricane Jeanne gated debris removal. When added to our recoveries for Hurricane Frances this year, the City has been reimbursed a total of $2,965,761 for gated debris removal costs for Hurricanes Frances and Jeanne. As you know, these costs had previously been denied and appealed twice before finally convincing representatives from FEMA that the removal from gated communities was the City's legal responsibility. Although FEMA reimbursed Hurricane Jeanne debris costs in 2008, they continued to deny gated debris removal costs associated with Hurricane Frances, although the same facts and documentation were provided that supported Hurricane Jeanne's costs. At one point, we were told it would "take an act of Congress" to receive this money. Finally, after almost two years of communication with numerous representatives, staff was able to convince FEMA to overturn their previous denial, resulting in the reimbursements this year. In addition to the recovery of debris removal costs, staff was able to provide documentation during the closeout process that resulted in an additional $227,791 of eligible expenditures for other projects. The recovery of these additional monies from FEMA is due to staff's persistence and determination, specifically, the efforts of Ms. Grace Wong, Risk Management Coordinator. These efforts have resulted in the recovery of an additional $3,193,552 collected by the City as projects have been closed out. If you have any questions, please let me know. PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, the City of Palm Beach Gardens supports programs that focus on health, wei/ness, and healthier lifestyles and believes there are important, long-term community benefits to be gained by encouraging a healthy lifostyle; and WHEREAS, the City of Palm Beach Gardens strives to provide safe places for its residents to be active such as in parks, ball fields, pools, gyms, and recreation centers; and WHEREAS, the City of Palm Beach Gardens promotes physical activity by providing various youth and adult recreation and wei/ness programs, as well as operating and maintaining 365 acres of active and passive recreation space throughout the City that include community centers, athletic fields, and parks; and WHEREAS. the City of Palm Beach gardens provides recreation programs that can span a lifetime at its Golf Course, Tennis Center, and Aquatic Complex; and WHEREAS, the City of Palm Beach Gardens provides access to healthy and affordable food such as fruits and vegetables by operating a green market each Sunday from October through April each year and encourages healthy consumption at the Riverside Youth Enrichment Center by educating students on the importance of healthy eating; and WHEREAS, the City of Palm Beach Gardens provides specific provisions in its land development regulations for community gardens, which in tum provides communities with the opportunity to grow their own affordable fruits and vegetables, and can help address issues of poor nutrition by increasing residents ' consumption of fresh produce; 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 December 2010 as: Let's Move Campaign Kickoff Month in the City of Palm Beach Gardens and urge all citizens to support measures to encourage healthy, active lifostyles as set forth by the First Lady of the United States of America in the Let's Move campaign. 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 1 f11' day of December in the Year Two Thousand and Ten. tl ct:-/l<~ Mayor David Levy