HomeMy WebLinkAboutAgenda Council Agenda 050709
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 7, 2009
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 3) Recognition of the Frenchman’s Creek Charitable Foundation.
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 4) Approve Minutes from March 23, 2009 Budget Workshop meeting.
b. (Page 6) Approve Minutes from April 2, 2009 City Council meeting.
c. (Staff Report on Page 11, Resolution on Page 13) Resolution 38, 2009 -
Frequency Reconfiguration Agreement. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving a Change Order Notice to the
Frequency Reconfiguration Agreement with Nextel South Corp.; providing an
effective date; and for other purposes.
d. (Page 21) Proclamation – Municipal Clerks Week.
e. (Page 22) Proclamation – National Police Week.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
a. (Staff Report on Page 23, Ordinance on Page 25) Ordinance 19, 2009 – (1st
reading) Budget amendment. 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, 2008, and ending September 30, 2009,
inclusive; providing a conflicts clause and a severability clause; providing an
effective date; and for other purposes.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 30) Select dates for the July and August Council meetings.
b. Discussion of the MacArthur Statue.
XIII. CITY ATTORNEY REPORT:
XIV. 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
MEMORANDUM
Community Services Department
TO: Jack Doughney, Assistant City Manager - Operations
DATE: April 13,2009
THROUGH:
FROM:
SUBJECT:
Charlotte Presensky, Public Facilities Direct r
Mike Kelly, Recreation Division Director
Frenchmen’s Creek Charities Foundation, Inc. Recognition
&
It is my pleasure to recognize the following sponsor at the City Council meeting
on Thursday, May 7,2009:
Frenchmen’s Creek Charities Foundation, Inc.
Through their continuous generous support of over $22,000 the City was able to
provide the following amenities to our Fire Rescue, Parks and Police services:
Fire Rescue - Software for engines and rescue units computers for viewing
building plans.
Parks - Gardens Park Playground equipment replacement.
Police - Utility vehicle to patrol parks and special events.
The Frenchmen’s Creek Charities Foundation, Inc. has supported various city
initiatives over many years that have enhanced city services provided to our
residents. We recognize their continuing efforts in community improvement and
applaud their commitment as good neighbors.
Cc: Peter Bergel, Chief, Fire Rescue Department
Stephen Stepp, Chief, Police Department
“It Starts in Parks”
CITY OF PALM BEACH GARDENS COUNCIL BUDGET WORKSHOP PAGE 1
03•23•09
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
BUDGET WORKSHOP 3
MARCH 23, 2009 4
5
The budget workshop was called to order at 5:00 p.m. by Mayor Joseph Russo. 6
I. PLEDGE OF ALLEGIANCE 7
II. ROLL CALL 8
Present: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 9
Councilmember Jody Barnett and Councilmember Robert Premuroso. 10
Also seated at the table were City Manager Ron Ferris, Interim City Attorney R. Max 11
Lohman and Deputy Finance Administrator Mary Anderson-Pickle. 12
III. WORKSHOP 13
Issues involved with the upcoming budget were discussed including: maintaining the 14
present tax rate, returning to the rollback rate, minor upward adjustment in tax rate, 15
possible tax cuts, reserves, pension fund deficits, salary increases, benefits, possible 16
reduction in staffing, possible four-day work week, maintaining services at present levels, 17
the privatization of cultural events and projects for the five-year plan. 18
Mayor Russo believes the assessed property values for this year may be lower than 19
anticipated and is not in favor of increasing tax rates during this economic time and that 20
we can make cuts and maintain services. 21
Vice Mayor Levy is not opposed to going back to the rollback rate and believes many 22
residents have moved to Palm Beach Gardens because of the services available, which 23
increases property values and stated the property appraisals are necessary. 24
Councilmember Jablin agreed with Vice Mayor Levy, but is not opposed to a minor 25
adjustment upward or using money from the reserve fund and stated resident feedback is 26
necessary and he believes people may be willing to pay a little bit more to maintain 27
present service levels. 28
Councilmember Barnett believes drastic cuts in service will not be necessary, is 29
opposed to a tax increase and considers a tax cut a possibility for next year. 30
Councilmember Premuroso would like to hold the millage rate at 5.25 and is not in 31
favor of using reserve funds for operating expenses, but agreed to using reserve funds for 32
the $2.2 million capital improvements. 33
City Manager Ferris explained the pension report will be available this year, but if a 34
financial issue exists payment will not come from the 2009-2010 or 2010-2011 budgets 35
and stated preliminary property appraisal numbers will be available in June and actual 36
property appraisal numbers in July. 37
Public budget workshops to be held in various locations after the preliminary budget is 38
developed were suggested. 39
40
(The remainder of this page intentionally left blank.) 41
42
CITY OF PALM BEACH GARDENS COUNCIL BUDGET WORKSHOP PAGE 2
03•23•09
IV. ADJOURNAMENT 1
Councilmember Jablin made a motion to adjourn. 2
Vice Mayor Levy seconded. 3
Motion passed, 5-0. 4
The meeting was adjourned at 5:57 p.m. 5
APPROVED: 6
7
8
9
Joseph R. Russo, Mayor 10
11
12
13
14
David Levy, Vice Mayor 15
16
17
18
19
Eric Jablin, Councilmember 20
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Jody Barnett, Councilmember 25
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27
28
29
Robert G. Premuroso, Councilmember 30
31
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33
ATTEST: 34
35
36
37
Patricia Snider, CMC 38
City Clerk 39
40
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim 41
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 42
All referenced attachments on file in the Office of the City Clerk. 43
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
04•02•09
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
APRIL 2, 2009 4
5
The regular meeting was called to order at 7:03 p.m. by Mayor Russo. 6
I. PLEDGE OF ALLEGIANCE 7
Mayor Russo asked for a moment of silence to recognize the passing of Dutch Lipschultz of 8
Frenchman’s Creek. 9
II. ROLL CALL 10
PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember, Eric Jablin 11
Councilmember Jody Barnett and Councilmember Robert Premuroso. 12
III. ADDITIONS, DELETIONS, MODIFICATIONS 13
DELETIONS – 50th Anniversary Event – Dancing Under the Stars – Sponsor Recognition. 14
MODIFICATIONS – Ordinance 15, 2009 – BallenIsles Outparcel – Postponement request. 15
Vice Mayor Levy made a motion approving the deletion. 16
Councilmember Barnett seconded. 17
Motion passed 5-0. 18
IV. ANNOUNCEMENTS AND PRESENTATIONS 19
None. 20
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 21
Councilmember Premuroso reported on the March Budget Oversight Committee. 22
Councilmember Jablin thanked BallenIsles for hosting one of the 2008-2009 offsite budget 23
workshops and reported on the Frenchman’s Creek annual tea. Councilmember Barnett 24
discussed attending the transit charrette, the League of Cities meeting, and announced the 25
Easter Egg Hunt on Saturday, April 11, 2009 at 9:00 a.m. Vice Mayor Levy attended the 26
Community Aesthetics Board (CAB) meeting and acknowledged Jay Eckhaus, chairman of 27
the Government Affairs Board for the Northern Chamber of Commerce. Mayor Russo 28
discussed SB 360, requested a Resolution stating taxes will not be raised for the 2009-2010 29
budget year based upon City Council discussion at the March 23, 2009 Budget Workshop, 30
announced attending the 10th anniversary of the Tennis Center and reported on Congressman 31
Ron Klein’s visit to Palm Beach Gardens. 32
VII. CITY MANAGER REPORT 33
City Manager Ferris introduced City Lobbyist Tom DeRita who gave an update on 34
SB 360, HB 227, SB 580 and SB 1840. 35
VIII. COMMENTS FROM THE PUBLIC 36
The following individuals commented to the Council: Tom Cairnes, 3101 PGA Boulevard, 37
Palm Beach Gardens; Roger Blangy, 11658 Hemlock Street, Palm Beach County. 38
IX. CONSENT AGENDA 39
a. Approve minutes from February 5, 2009 City Council meeting. 40
b. Approve minutes from February 19, 2009 City Council meeting. 41
c. Approve minutes from March 5, 2009 City Council meeting. 42
d. Resolution 28, 2009: Purchase of 5 Lifepak Monitor/Defibrillators. A Resolution of the 43
City Council of the City of Palm Beach Gardens, Florida approving an Agreement with 44
Medtronic Physio Control Corporation to purchase five (5) Lifepak Monitors/Debribrillators; 45
providing an effective date; and for other purposes. 46
e. Proclamation – Fair Housing Month. 47
Vice Mayor Levy made a motion for approval of the Consent Agenda. 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
04•02•09
Councilmember Jablin seconded. 1
Motion passed 5-0. 2
X. PUBLIC HEARINGS 3
Part I – Quasi –judicial 4
Part II – Non-Quasi-judicial 5
Mayor Russo announced the procedures that would be followed in tonight’s proceedings. 6
The City Clerk read Ordinance 15, 2009 by title. 7
a. Ordinance 15, 2009 – (1st reading) BallenIsles West Outparcel. An Ordinance of the City 8
Council of the City of Palm Beach Gardens, Florida adopting a small-scale amendment to its 9
Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, 10
Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, which provides for 11
an amendment to the City’s Future Land Use Map designating one (1) parcel of real property 12
comprising approximately 7.31 acres, more or less, in size as “(PO) Professional Office”; such 13
parcel of land is located at the Southwest corner of the intersection of PGA Boulevard and 14
BallenIsles drive, informally known as “BallenIsles West Outparcel”; providing for compliance 15
with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a 16
severability clause; providing an effective date; and for other purposes. 17
Mayor Russo opened the public hearing and stated it was a non-quasi-judicial hearing and 18
not necessary to disclose ex parte communication. Ex parte communication was declared by 19
Vice Mayor Levy, Councilmember Jablin, Councilmember Barnett and Councilmember 20
Premuroso. Mayor Russo stated he spoke with residents only. 21
City Attorney Lohman explained that Mayor Russo does not have a conflict of interest. 22
The following individuals commented on this agenda item: Mayor Russo. 23
The following individuals made public comments on this agenda item: Dr. David Paulson, 24
27 Saint George Place, Palm Beach Gardens; Jay Echhaus, 157 Windward Drive, Palm 25
Beach Gardens, Roma Josephs, 323 Sunset Bay Lane, Palm Beach Gardens; Norman 26
Greenberg, 115 Grad Palm Way, Palm Beach Gardens; Leslie Kaplan, 102 Windward 27
Drive, Palm Beach Gardens; Robert Wax, 116 Sunset Cove Lane, Palm Beach Gardens; 28
Gerald Pollack, 1022 Grand Isle Terrace, Palm Beach Gardens; Dr. Robert Davis, 118 29
Orchid Cay Drive, Palm Beach Gardens; John Tiffany; Anne Booth, 477 South Rosemary 30
Avenue, Unit 225, West Palm Beach. 31
City Attorney Lohman explained due process regarding postponements. 32
Mayor Russo stated the hearing would be held tonight. 33
Councilmember Jablin made a motion to deny the request for the extension. 34
Vice Mayor Levy seconded. 35
Motion passed 5-0. 36
Mayor Russo declared a 5-minute recess and reconvened the meeting at 8:12 p.m. 37
John Tiffany requested a continuation until November 19, 2009 explaining agreement was 38
reached between the parties. 39
City Attorney Lohman stated Ordinance 15, 2009 will have to be re-advertised and 40
explained the procedure to be followed. 41
Councilmember Jablin made a motion to reconsider the denial of the postponement. 42
Vice Mayor Levy seconded. 43
Motion passed 5-0. 44
Councilmember Jablin made a motion for postponement to a date certain of November 19, 45
2009. 46
Vice Mayor Levy seconded. 47
Motion passed 5-0. 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
04•02•09
The City Clerk read Resolution 33, 2009 by title. 1
b. Resolution 33, 2009 – PGA Corporate Park (Parcel 5A) concurrent processing. A 2
Resolution of the City Council of the City of Palm Beach Gardens, Florida allowing the 3
concurrent processing of a Comprehensive Plan Text Amendment increasing the DRI Office 4
Standards, a Planned Community District (PCD) Amendment or a Planned Unit Development 5
(PUD) application, and site plan approval for the approximately 86.34-acre parcel, referred to 6
as “Parcel 5a,” generally bounded by PGA Boulevard to the South, Alternate A1A to the East, 7
the Interstate 95 right-of-way and Military Trail to the West, and the Winchester Courts and 8
Garden Woods residential developments to the North; approving a concurrent processing 9
agreement; providing an effective date; and for other purposes. 10
The following individuals commented on this agenda item: Growth Management 11
Administrator Kara Irwin. 12
Mayor Russo opened the public hearing. 13
Mayor Russo closed the public hearing. 14
Councilmember Jablin made a motion for adoption of Resolution 33, 2009. 15
Vice Mayor Levy seconded. 16
Motion passed 5-0. 17
The City Clerk read Ordinance 27, 2008 by title. 18
c. Ordinance 27, 2008 - (2nd reading and adoption) 10 Year Water Facilities Work 19
Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, 20
amending its Comprehensive Development Plan to adopt the City’s 10-Year Water Facilities 21
Work Plan, in accordance with the mandates set forth in Sections 163.3177 and 163.3184, et 22
seq., Florida Statutes, providing for a comprehensive update to the Future Land Use, 23
Infrastructure, Conservation, Intergovernmental Coordination and Capital Improvement 24
Elements, affecting the pagination in each amended element and including revised text 25
necessary to update the data and analysis of the comprehensive plan; providing that the text, 26
as amended or revised, shall be substituted for and replace the existing text in all amended 27
elements; providing for transmittal to the State Land Planning Agency; providing a conflicts 28
clause, a severability clause and authority to codify; providing an effective date; and for other 29
purposes. 30
The following individuals commented on this agenda item: Planning Manager Nilsa 31
Zacarias. 32
Mayor Russo opened the public hearing. 33
Mayor Russo closed the public hearing. 34
Councilmember Jablin made a motion for adoption of Ordinance 27, 2008 on second 35
reading. 36
Vice Mayor Levy seconded. 37
Motion passed 5-0. 38
The City Clerk read Ordinance 3, 2009. 39
d. Ordinance 3, 2009 - (1st reading) Amendment to the Future Land Use Element. An 40
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending its 41
Comprehensive Development Plan to adopt the criteria for areas highly suitable for more 42
intense office uses and to utilize the increased threshold intensity set forth in Section 43
380.0651(3)(d)2, Florida Statutes; providing for a Text Amendment to the Future Land Use 44
Element affecting the pagination in the amended element and including revised text necessary 45
to update the data and analysis of the Comprehensive Plan; providing that the text, as 46
amended, shall be substituted for and replace the existing text in the amended element(s); 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
04•02•09
providing for transmittal to the State Land Planning Agency; providing a conflicts clause, a 1
severability clause, and authority to codify; providing an effective date; and for other purposes. 2
The following individuals commented on this agenda item: Jeff Marshall, Catalfumo 3
Construction, Growth Management Administrator Irwin. 4
Mayor Russo opened the public hearing. 5
The following individuals made public comments on this agenda item: John Chaplik, 715 6
Hudson Bay Drive, Palm Beach Gardens; Mayor Russo read the statement from Linda 7
Monroe, 619 Hudson Bay Drive, Palm Beach Gardens. 8
Mayor Russo closed the public hearing. 9
Councilmember Jablin made a motion for approval of Ordinance 3, 2009 on first reading. 10
Vice Mayor Levy seconded. 11
Motion passed 4-1 with Councilmember Barnett dissenting. 12
X. RESOLUTIONS 13
XI. ORDINANCES (for Consideration on First Reading) 14
The City Clerk read Ordinance 17, 2009. 15
a. Ordinance 17, 2009 – Fire Prevention and Protection. An Ordinance of the City 16
Council of the City of Palm Beach Gardens, Florida amending Chapter 38, “Fire Prevention 17
and Protection” at Article III, “City of Palm Beach Gardens Fire Code” by repealing Section 18
38-87 and readopting same, as revised in order to delete reference to a date specific edition of 19
the Florida Fire Prevention Code; further amending Chapter 38 by repealing Section 38-89 in 20
its entirety and renumbering Sections 38-90 through 38-92 as new Sections 38-89 through 38-21
91 and reserving Section 38-92 for future legislation; providing a conflicts clause, a 22
severability clause, and authority to codify; providing an effective date; and for other 23
purposes. 24
The following individuals commented on this agenda item: Deputy Chief Scott Fetterman. 25
Vice Mayor Levy made a motion for approval of Ordinance 17, 2009 on first reading. 26
Councilmember Jablin seconded. 27
Motion passed 5-0. 28
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 29
Mayor Russo requested a motion agreeing to the standards to be used for the 2009-2010 30
budget per City Manager Ferris’ memorandum. There was a consensus of the City Council to 31
discuss at the April 16, 2009 meeting. 32
Councilmember Jablin stated his support of City Lobbyist DeRita. 33
Mayor Russo stated he wanted to know if anything illegal was done. 34
Councilmember Jablin made a motion for a vote of confidence for City Lobbyist Tom 35
DeRita. 36
Vice Mayor Levy seconded. 37
City Attorney Lohman clarified that City Lobbyist DeRita and his firm is currently 38
registered. 39
Motion passed 4-1 with Councilmember Barnett dissenting. 40
XIII. CITY ATTORNEY REPORT 41
City Attorney Lohman stated Midtown (Borland Center) and Gardens Station is moving 42
forward. 43
(The remainder of this page intentionally left blank.) 44
45
46
47
48
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
04•02•09
XIV. ADJOURNAMENT 1
Vice Mayor Levy made a motion to adjourn. 2
Councilmember Jablin seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 9:11 p.m. 5
The next regularly scheduled City Council meeting will be held April 16, 2009. 6
7
APPROVED: 8
9
10
11
Joseph R. Russo, Mayor 12
13
14
15
David Levy, Vice Mayor 16
17
18
19
Eric Jablin, Councilmember 20
21
22
23
Jody Barnett, Councilmember 24
25
26
27
Robert G. Premuroso, Councilmember 28
29
30
ATTEST: 31
32
33
34
35
Patricia Snider, CMC 36
City Clerk 37
38
39
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40
the meeting. A verbatim audio record is available from the Office of the City Clerk. 41
All referenced attachments are on file in the Office of the City Clerk. 42
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: 5/7/2009
Resolution: 38,2009
SubjectlAgenda Item: Frequency Reconfiguration Agreement RE: Change Order 1,
between the City of Palm Beach Gardens and Nextel South Corp. ("Nextel")
[ X ] Recommendation to APPROVE 11 Recommendation to DENY
Reviewed by:
Finance Administrator
Submitted by:
Chief Stephen J. Stepp
Departhent Director
City Madager
Originating Dept.:
Police
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ ] Not required
-
Costs:$ 0
(Total)
$0 Current FY
Funding Source:
[ ]Operating
[ ]Other
NIA
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Sprint Nextel letter
Schedule C. - 1,
Request for
Reconfiguration
Funding
Meeting Date: 5/7/2009
Resolution: 38,2009
BACKGROUND:
In the process of implementation of The Reconfiguration Agreement of December 17,
2007, on December 1 , 2008, our staff noted that there were some items that should
have been included in the agreement that were not covered in the rebanding plan, items
listed on schedule “C”, attached. This was brought to the attention of Sprint Nextel and
the Transition Administrator assigned by the FCC. They agreed to review our
documentation of missing components required for rebanding. After reviewing our
issues concerning rebanding they concurred with our analysis and agreed to fund the
materials needed to finish the rebanding project. The results of that analysis are: to the
City of Palm Beach Gardens $43,423.20, to Motorola $7,446.76, for materials for Palm
Beach Gardens, and to R. L. Kimball and Associates, consultant, $14,912.50, total
$65,782.46. See attached letter from Sprint Nextel and Schedule C. -1 , 800 MHz
reconfiguration, Request for Reconfiguration Funding.
STAFF RECOMMENDATION:
Staff recommends approval of the Reconfiguration Agreement Change Order between
The City of Palm Beach Gardens and Nextel South Corp. (“Nextel”).
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RESOLUTION 38,2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A CHANGE ORDER
NOTICE TO THE FREQUENCY RECONFIGURATION AGREEMENT
WITH NEXTEL SOUTH CORP.; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, on November 1 , 2007, the City Council approved Resolution 124,
2007 which authorized the execution of an agreement with Nextel South Corporation
relating to reconfiguration of public safety radio communications system frequencies;
and
WHEREAS, when the implementation process started, it was noted by Staff that
there were some items that should have been included in the agreement that were not
covered in the rebanding plan; and
WHEREAS, Sprint Nextel and the FCC concurred with Staff's findings and
agreed to fund the materials needed to finish the rebanding project; and
WHEREAS, a Change Notice has been prepared and is attached hereto; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Change Notice to the
Frequency Reconfiguration Agreement and hereby authorizes the Mayor to execute
such Change Notice.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Resolution 38, 2009
I PASSED AND ADOPTED this day of ,2009.
2
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CITY OF PALM BEACH GARDENS, FLORIDA
7
8
9
10 ATTEST:
11
12
BY:
Joseph R. Russo, Mayor
13 BY:
14 Patricia Snider, CMC, City Clerk
15
16
17
18 LEGAL SUFFICIENCY
19
20
APPROVED AS TO FORM AND
21 BY:
22 R. Max Lohrnan, City Attorney
23
24
25
26 VOTE:
27
28 MAYOR RUSSO
29
30 VICE MAYOR LEVY
31
32 COUNCILMEMBER JABLIN
33
34 COUNCILMEMBER BARNETT
35
36 COUNCILMEMBER PREMUROSO
37
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46
AYE NAY ABSENT
.- 47 G:\attorney-share\RESOLUTlONS\2009\resolution 38 2009 -nextel - frequency reconfiguration agreement - change order I .doc
2
Sprint > Sprint Nextel
4643 South Ulster stmt, Suite 200
Denvcr,Cdwedo 80237-2862
OfRa: 303.889.2088
Fax-Semr: 913.523.8779
Emdl: jdie.wakr@spdnt.com
February 27, 2009
VIA Email
To: City of Palm Beach Gardens
Attn: Kevin O'Connor
KO'Conno r@ p bg fl . com
To: Bill Waugaman
BILL. WAUGAM AN @ ki m ba I Icorp. com
To: City of Palm Beach Gardens
Attn: Christine P. Tatum
ctatum@pbgfl.com
To: Transition Administrator
ChangeNotice@800ta.org
RE: CHANGE NOTICE 1, Received 12/2/2008 - Frequency Reconfiguration
Agreement ("Agreement") between City of Palm Beach Gardens
("Incumbent") and Nextel South Corp ("Nextel").
Palm Beach Gardens, City of, FL PHI1 #DL8910428271 Mercury CR: 472
Dear Mr. O'Connor,
Related to the Frequency Reconfiguration Agreement dated December 17, 2008
("Agreement") between The City of Palm Beach Gardens ("Incumbent") and Nextel
South Corp. ("Nextel")
This purpose of this letter is to inform you of our receipt of your Change Notices for
the Agreement referenced above on December 2, 2008.
Nextel is hereby informing you that we have reviewed and will approve as shown in
the attached Schedule C.
Pursuant to the terms of the Agreement, an Amendment will be prepared for
Incumbent's signature detailing the changes in the Change Notice. If there are any
questions regarding this matter, please contact me at 303.889.2088.
Best Regards,
Jufie Walker
SCHEDULE C - 1
800 MHZ RECONFIGURATION
COST ESTIMATE - CERTIFIED REQUEST
Request for Reconfiguration Funding
Incumbent's Name: PALM BEACH GARDENS, CITY OF, FL PH I1
Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and
requests Sprint Nextel to fund the estimated reconfiguration costs included below:
Incumbent Payment Terms: Sprint Nextel will pay Incumbent an amount not to exceed
the Estimated Cost(s) for Incumbent with respect to each category of work, as set forth
below. Sprint Nextel will pay Incumbent $21,711.60 within 15 days (30 days if Incumbent
elects to be paid by check rather than electronic funds transfer) after receipt by Sprint
Nextel of the fully executed Agreement and fully completed Incumbent Information
Form (as set forth on Exhibit A). Sprint Nextel will pay any outstanding balance of the
Actual Costs due to Incumbent within 30 days after the Reconciliation Date (as "Actual
Costs" and "Reconciliation Date" are defined in Section 3(b)(i)).
Vendor Payment Terms: Sprint Nextel will pay each Vendor an amount not to exceed
the Estimated Cost(s) for that Vendor with respect to each category of work, as set forth
below. Sprint Nextel will pay each Vendor within 30 days after receipt by Sprint Nextel
of (A) an invoice from the Vendor and (B) Incumbent's approval of receipt of goods and
services and approval of associated costs included on the Vendor invoice.
1. System Description:
Palm Beach Gardens is licensed for two call signs that will be impacted by the
Stage 2 rebanding reconfiguration:
WPAY227 is a single site, three-channel system. All frequencies used in this
system are in the NPSPAC frequency block and will require reconfiguration.
At this time, these frequencies are utilized in mobile and portable radios for
unit-to-unit communications for tactical and event communications.
WPAY228 is a five frequency system, operating on NPSPAC Mutual Aid
channels. These frequencies are installed in control stations and mobile
radios and will require configuration.
Palm Beach Gardens also maintains interoperability with the Palm Beach County Motorola
SmartZone trunked system which employs NPSPAC trunked channels. However, Palm Beach
Gardens is currently implementing a MACOM Open-Sky system and plans to migrate to the OS
system during the rebanding reconfiguration.
The major system elements to be reconfigured are summarized in the table below:
$140.00 /hr = $9,310.00)
Negotiations Support (8hrs @
$140.00 /hr = $1,120.00)
Expenses (1 @ $450.00 /unit =
$450.00)
tV. Contracts and Legal Costs
FRA Legal Advice (4hrs @
$73.35 /hr = $293.40)
FRA Negotiations (12hrs @
$73.35 /hr = $880.20)
Other Legal Fees - guidance for
city agencies (16hrs @ $73.35
/hr = $1,173.60)
(Incumbent)
Palm Beach Gardens $2,347.20
Amendment - 1 (New)
Description of Work To Be Performed
b. Infrastructure Equipment
Reconf iguration
Equipment/Software:
0
0
0
0
0
0
0
0
0
0
R2670A 800Mhz Rebanding
Upgrade - Model No:REBAND-A (1
@ $5,355.00 /Each)
Installation and Calibration - Model
No:REX4309A (1 @ $540.00
/Each)
Shipping and Insurance (1 @
$200.00 /Each)
Smart Radio Interface Box (SRIB) - Model No:RLN1015B (1 @
$595.00 /Each)
Battery Pack for SRIB - Model
No:RLN4488A (1 @ $114.85
/Each)
110 VAC Power Supply for SRIB -
Model No:0180302E27 (1 @
$46.50 /Each)
Computer Interface Cable
(Computer to SRIB) - Model
/Each)
Prog rammi ng/Clone cable
(MCS2000) - Model No: RKN4062B
(1 @ $44.89 /Each)
FLASH/Prog ./Clone cable
(MCS2000) - Model No: RKN4063A
(1 @ $144.00 /Each)
Radio Interface Cable (ASTRO
Spectra) - Model No: 30-80369873
N0:30-80390848 (1 @ $59.00
Payee
(Vendor)
Motorola
Estimated
Cost(s)
$7,446.76
Performed
I. Subscriber Equipment
Reconf ig u ration
Replacement equipment
Programming (135hrs @
$73.35 /hr = $9,902.25)
Retained mobile radio
equipment, remove, and
reprogram (55hrs @ $73.35 /hr
= $4,034.25)
Tru n k Mount Installations
(265hrs @ $73.35 /hr =
$19,437.75)
Dash Mount Installations
(46hrs @ $73.35 /hr =
$3,374.10)
Create New Equipment
Templates (8hrs @ $73.35 /hr
= $586.80)
Create existing equipment
Templates (5hrs @ $73.35 /hr
= $366.75)
11. Engineering and Verification
costs
Inventory/Replace/ Retune/
Reprogram determination
(30hrs @ $73.35 /hr =
$2,2 00.50)
Retune / Reprogram / Replace
Determination (8hrs @ $140.00
/hr = $1,120.00)
Expenses (1 @ $112.50 /unit =
$1 12.50)
111. Professional Services Costs
Planning Support (8hrs @
$73.35 /hr = $586.80)
Negotiations Support (8hrs @
$73.35 /hr = $586.80)
Project Management Planning
(20hrs @ $140.00 /hr =
$2,800.00)
Implementation (66.5hrs @
Project Management
identify Incumbent
and each Vendor
being paid for work
performed)
(Incumbent)
Palm Beach Gardens
(Incumbent)
Palm Beach Gardens
(Vendor)
L.R. Kimball &
Associates
(Incumbent)
Palm Beach Gardens
(Vend or)
L.R. Kimball &
Associates
Cost(s) for
Incumbent and
Each Vendor
(Not to Exceed
listed amount)
$37,701.90
$2,200.50
$1,232.50
$1,173.60
~~ ~
$13,680.00
2. Reconfiguration Milestones: Identify the anticipated start date of the overall
reconfiguration of your system (Project Start). Then, for each major reconfiguration
milestone listed in the table below, provide (1) the anticipated number of days after
project start date required to begin execution of the task identified, and (2) the estimated
duration in number of days required to complete the task identified. As an FRA is
negotiated, it is not always possible to know an actual start date for specific
reconfiguration tasks. In such a case, it is acceptable to forecast an estimated start date
from execution of the FRA (i.e., "contract execution + xx days") and estimate the
duration of each task.
Rewnf@uMctkm Yaak
I
3. Implementation Plan: The attached Implementation Plan and associated
deliverables describe the reconfiguration implementation plan resulting from
funds expended under the Planning Funding Agreement dated. No PFA.
See attachment.
4. Cost Estimate:
I Description of Work To Be 1 Payee(separate1y I Estimated I
(1 @ $84.52 /Each)
CPS - Model No:RVN4175 (1 @
$263.00 /Each)
Palm Beach Gardens I Incumbent I $43,423.20
Motorola I Vendor I $7,446.76
L.R. Kimball & Associates I Vendor I $14,912.50
Total Estimated Costs I $65,782.46
CeMication
Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator
appointed pursuant to the Order that the funds requested above are the minimum
necessary to provide Incumbent reconfigured facilities comparable to those presently in
use in a manner that is reasonable, prudent and timely. Incumbent further certifies, to the
best of Incumbent's knowledge, that any vendor costs identified on the Schedule C are
comparable to costs previously charged by each such vendor to Incumbent.
Signature:
Print
Phone
Number:
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 7, 2009
Ordinance: 19, 2009
SubjecUAgenda Item: Ordinance 19,2009, amending Fiscal Year 2008/2009
Budgeted Fund Balance Carryover to Actual Amounts per the Fiscal Year 2008 Audit.
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
Finance Ad 'strator &
Submitted by:
Allan Owe hZ2-
I Department Director
Approved by: G+
Originating D t.: CaLkB
Advertised:
Date: N/A
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[XI Not required
/
costs: $ 0
(Total)
$0 Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ] Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordinance 19, 2009
Exhibit "1"
Meeting Date: May 7,2009
Ordinance: 19,2009
BACKGROUND: Florida State Statute Section 166.241 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 that budgeted expenditures and reserves do not exceed original estimates of
carryover balances, it is customary to adjust these balances to actual audited ending
balances when the audit is finalized. This ordinance amends the FY 2008/2009 budget
by adjusting fund balance carryovers to actual amounts per the fiscal 2008 audit, as
detailed in the attached Exhibit “1”.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 19,
2009 on first reading.
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ORDINANCE 19,2009
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, 2008, AND ENDING SEPTEMBER 30, 2009,
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 2008/2009 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be
made to the previously adopted Fiscal Year 2008/2009 Budget; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends the revenues and expenditures
listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the
City of Palm Beach Gardens for the Fiscal Year October 1, 2008, through September
30, 2009, inclusive.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
Ordinance 19, 2009
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PASSED this day of , 2009, upon first reading.
PASSED AND ADOPTED this day of ,2009, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
FOR
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Jody Barnett, Councilmember
AGAINST ABSENT
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
G:\attorney-share\ORDlNANCESL!009budget amendment - ord 19 2009.docx
2
City of Palm Beach Gardens
Budget Amendment - Ordinance 19,2009
FYE 09/30/09
Exhibit "1"
Increase (Decrease)
Reserves 001,0900.519.9920 4,278,295
Expenditures (Uses)
Revenues (Sources)
Fund Balance Carryover 001.oooO.389.oooO 4,278,295
Gas Tax Fund
Increase (Decrease)
Expenditures (Uses)
Reserves 103.3000.539.9920 (58,022)
Revenues (Sources)
Fund Balance Carryover 103.oooO.389.oooO (58,022)
Recreation Programs Fund
Increase (Decrease)
Reserves 104.0900.519.9920 331,605
Expenditures (Uses)
Revenues (Sources)
Fund Balance Carryover 104.oooO.389.oooO 331,605,
Expenditures (Uses) I Reserves 002.1000.521.9920 I Revenues (Sources)
Increase (Decrease)
5,024
IFund Balance Carryover 002.oooO.389.oooO 5,024 I
-- Increase (Decrease)
Reserves 304.1400.515.9920 182,090
Expenditures (Uses)
Revenues (Sources)
Fund Balance Carryover 304.oooO.389.oooO 182,090
G:\finance-adrninistration\Budget Arnendrnents\FY 2008_2009\ordinance 19 2009 exhibit1
City of Palm Beach Gardens
Budget Amendment - Ordinance 19,2009
FYE 09/30/0!3
Exhibit "1"
Reserves
Road Impact Fund
. Increase (Decrease)
Expenditures (Uses)
305.0900.541.9920 (1,991,497)
Revenues (Sotirces)
Fund Balance Carryover 305.oooO.389.oooO (1,991,497)
Police Impact Fund
Increase (Decrease)
Reserves 302.1000.521.9920 551,601
Expenditures (Uses)
Revenues (Sources)
Fund Balance Carryover 302.oooO.389.oooO 551,601
Increase (Decrease)
Reserves
Expenditures (Uses)
303.1200.522.9920 (43,727)
Revenues (Sources)
Fund Balance Carryover 303.oooO.389.oooO (43,727)
Expenditures (Uses)
Reserves 301.2000.572.9920
CIP 301.2000.572.6900
Increase (Decrease)
(1,135)
(575,740)
Revenues (Sources)
Fund Balance Carryover 301.oooO.389.oooO (576,875r
Increase (Decrease)
Reserves 308.0900.519.9920 17,801
Expenditures (Uses)
Revenues (Sources)
Fund Balance Carryover 308.oooO.389.oooO 17,801
G:\finance-administration\Budget Amendments\FY 2008_2009\ordinance 19 2009 exhibit1 2
City of Palm Beach Gardens
Budget Amendment - Ordinance 19,2009
WE 09/30/09
Exhibit "1"
Reserves 21,211
Expenditures (Uses)
309.0900.519.9920
Revenues (Sources) I
IFund Balance Carryover 309.oooO.389.oooO 2l,211
Fleet Maintenance Fund
~
Increase (Decrease)
Expenditures (Uses)
Reserved Net Assets 501.3020.539.9921
Revenues (Sources)
Fund Balance Carryover 501.oooO.389.oooO (216,997)
Reserves
Golf Course Fund
Expenditures (Uses)
106.2500.572.9920
Increase (Decrease)
227,334
Revenues (Sources)
Fund Balance Carryover 106.oooO.389.oooO 227,334
G:\finance-administration\Budget Amendments\FY 2008_2009\ordinance I9 2009 exhibit1 3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 7,2009
Sub j ect/Agenda I tem :
Establish dates for the July and August Regular City Council meetings.
[ X ] Recommendation to APPROVE
I ] Recommendation to DENY
Submitted by:
Patricia Snider, City
Department Director
Approved by: ++
City Manager
Originating Dept.:
City Clerk
Advertised
Date:
Paper:
[ 3 Not Required
Affected parties
y
[ ] Not required
Costs:$ NIA
(Total)
$- Current FY
Funding Source:
[ ] Operating
lother
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ]Denied
[ ] Continued to:
Attachments:
Resolution 82,2006
[ ]None
Meeting Date: May 7,2009
0 BACKGROUND:
Resolution 82,2006 (attached) modified the schedule for regular city council meetings to meet
once in the months of July and August of each year commencing in 2007. The date of the
meeting is established by vote of the City Council.
The regular council meeting dates for July are July 2,2009 and July 16,2009 and the dates for
August are August 6,2009 and August 20,2009.
0 STAFF RECOMMENDATION:
Staff recommends the third Thursday of each month:
o July 16,2009
o August 20,2009
As soon as the dates have been established, the proper notifications will be prepared and made
public.
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RESOLUTION 82,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA MODIFYING THE SCHEDULE FOR
REGULAR CITY COUNCIL MEETINGS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 18-3 of the Charter of the Ci of Palm Beach Gardens
provides that the dates of the regular meetings of the Ci Council shall be set by
resolution or by a vote of the majority of the members of the Council; and
WHEREAS, pursuant to Resolution 50, 1999, the City Council meets in Regular
Session on the First and Third Thursdays of each month; and
WHEREAS, the Ci Counal desires to meet once in the months of July and
August of each year due to summer vacations, commencing in 2007; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the Ci of Palm Beach Gardens.
NOW, THEREFORE, BE K RESOLVED BY THE CrrV COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORDAthat:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION2. The Regular Meetings of the Ci Council of the City of Palm
Beach Gardens, Florida shall convene at 7:oO p.m. on the First and Thii Thursdays of
each month, except that there shall be one meeting in the months of Juty and August of
each year, commendng in 2007. The date of the July and August meetings shall be
established by vote of the Cii Council.
SECWN 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page ieft intentionally blank)
Date Repared: July 11,2OO6
ResoMion 82.2006
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PASSED AND ADOPTEO this day of $dW ,2006.
CITY OF PALM B
BY:
ATTEST //
BY:@-
atricia Snider, CMC, Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
nristine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNElT
COUNCILMEMBER JABLlN
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
-- AYE NAY ABSENT
a/
/ ---
G:\attomey_share\RESOLUTIONSW meeting dates - luly-august 2007 - res0 82 MoG.doc
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RESOLUTION 44,2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA URGING GOVERNOR CHARLIE
CRlST TO WO SENATE BLL 360 ENTITLED "COMMUNITY
RENEWAL ACT"; PROVIDING AN EFFECTNE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Florida Legislature passed Senate Bill (SB) 360 entitled
"Community Renewal A&, which proposes the biggest changes to Florida's growth
management laws in decades; and
WHEREAS, current growth management regulations require development to pay
for its own impacts; and
WHEREAS, SB 360 creates Transportation Concurrency Exemption Areas
(TCEA), which allow developers to add more residents and traffic to Palm Beach
Gardens and throughout Palm Beach County without expanding or adding roads to
mitigate those impacts; and
WHEREAS, those costly byproduds of development such as new roads, road
widening, and traffic signals will now be bome by the existing taxpayers in the City for
new development; and
WHEREAS, it eliminates the authority of the City of Palm Beach Gardens to
conduct Development of Regional lmpad (DRI) review, thereby circumventing the
existing review process that provides for the intergovernmental coordination of major
urban developments that could impact roads and services in surrounding cities and
counties; and
WHEREAS, the City Council has deemed adoption of this Resolution to be in the
best interest of the citizens md r&dents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE cTp/ COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Counal opposes SB 360 which eliminates transportation
concurrency review requirements and development of regional impact review
requirements, and which negatively impads the City's home rule power for growth
management review within its borders and with regard to regional matters concerning its
neighboring communities. The City Council hereby urges Governor Charlie Crist to veto
Senate Bill 360.
SECTION 3. This Resolution shall become effective immediately upon adoption.
I)
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Resolution 44,2009
PASSED AND AVUf7W his *Y of , 2009.
CiTy OF PALM BEACH GARDENS, FLORIDA
BY
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNElT
COUNCILMEMBER PREMUROSO
G:Mtorney-share\RESOLUllONS\2009\Resokrb 44 2009 Veto 360.docx
2
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
7:OO P.M.
May 7,2009
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS, MODIPICATIONS
ANNOUNCEMENTS/PREsElvTA "IONS
a.
ITEMS OF RESIDENT INTEREST AND BOARJXOMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC (For Items Not on the Agenda, Dlease submit
reauest form to the citv clc rk Drior to this Item\
CONSENT AGENDA:
[PaPe 3) Recognition of the Frenchman's Creek Charitable Foundation.
a.
b.
.,
JPape 4) Approve Minutes &om Man;h 23,2009 Budget Workshop meeting.
JPape 6LApprove Minutes hm April 2,2009 City Council meeting.
{Staff Report on Page 11, Resolution on Page 13) Resolution 38, 2009 -
Frequency Reconfiguration Agreement. A Resolution of the City Council of the
City of Palm Beach Gmkq FIorida approving a Change Order Notice to the
Frequency Reconfiguration Agmement with Nextel South Corp.; providing an
effective date; and for other purposes.
d.
s
JPape 2 1 ) Proclamation - Municipal Clerks Week.
JPape 22) Proclamation - National Police Week.
IX. PUBLIC HEARINGS:
Part I - Quasi-judicial
Part I1 - Non-Ouasi-iudicial
a. {Staff ReDort on Page 23, Ordinance on Page Zm-yw- (la
reading) BU~~CA amendment. AO ordinmat of tiiiZq cottmii OF Cmf
forthe fid yerrbegmaing October 1,2008, and ending September 30,2009,
inclusive; providing a conflicts clause!-;
Palm macb Gardess , k Ed a amending the City of% Ekach GanfeRs' bud@
.. ..
i
XI ORDINANCES: (For Consideration on Pint Reading)
XIL ITEMS FOR COUNCIL ACIION/DISCU SSION
b.
JPape 30) Select dates for the July and August Council meetings. 7 jib rd cp/..'
Discussion of the MacArtbur Statue.
XIV. ADJOURNMENT
PLWE TAgE NOTICE AND BE ADVXSED that if any in&re&dparty wishes to appeal
any decision ma& @ the C@v cbvncil widb mqmd to any nralta wndhd at this public
hearing, such interestcdpasorrs dl need a mwd efUCpmcedings and may need to ensure
that a verbatim recordis made, inchdhg UCtkstinwny andddenceupol~ which the qpealis
to be based
In accordance with the Anraicans wi#h Dssebiliiicr Act and Sccrion 28626, FIorida Statutes,
inadatop-inthis pmons with rlisabiliirics needkg pxial-
proceeding are entitled to thepmvkion of- us&famz
Clerk's cyffice at 561-799-4122 no lata Uur 5 &psp&w to tkc hw&ng ifthis assiwe is
requid For Mug impid (1ssjstQIIcc, plaapc call the FGairlh Re@ &mice Numbers:
atnocost. m?aecauthecity
800-955-8771 (TOO) OT 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
1
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 7,2009
7:OO P.M.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
I. V PLEDGE OF ALLEGIANCE
11. J ROLLCALL
111. r/ ADDITIONS. DELETIONS, MODIFICATIONS: P
IV JANNOUNCEMENTS / PRESENTATIONS:
a. (Pane 3) Recognition of the Frenchman’s Creek Charitable Foundation.
V. J ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. /CITY MANAGER REPORT:
VII.JCOMMENTS FROM THE PUBLIC: (For Items Not on the Apenda. please submit
reauest form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. pane 41Approve Minutes from March 23,2009 Budget Workshop meeting. 90
b. JPane 6) Approve Minutes from April 2,2009 City Council meeting.
C. @taff Report on Pane 11. Resolution on Pane 13) Resolution 38, 2009 -
Frequency Reconfiguration Agreement. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving a Change Order Notice to the
Frequency Reconfiguration Agreement with Nextel South Corp.; providing an
effective date; and for other purposes.
d $Pane 21) Proclamation - Municipal Clerks Week.
e. JPane 22) Proclamation - National Police Week.
IX. / PUBLIC EEARIN GS:
Part I - Ouasi-iudicial
Part I1 - Non-Ouasi-iudicia
a. JStaff ReDort on Page 23. Ordinance on Page 25) Ordinance 19, 2009 - (1”
reading) Budget amendment. 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, 2008, and ending September 30, 2009,
inclusive; providing a conflicts clause and a severability clause; providing an
effective date; and for other purposes.
PO
- .-.I w--- e..- XI
XII. J ITEMS FOR COUNCIL ACTION/DISCUSSION:
ORDINANCES: (For Consideration on First Reading) E.’bEld
a.
b.
{Pane 30lSelect dates for the July and August Council meetings.
Discussion of the MacArthur Statue. I
XIII. ~ITY ATTORNEY REPOR I, :
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
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:
800-955-8 771 (TDD) or 800-955-8770 (VOICE).
I NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY COUNCIL MEETING 05/07/09
PROPOSED ADDITIONS. DELETIONS AND MODJFICATIONS
ADDITIONS:
DELETIONS:
MODIFICATIONS:
Under Citv ManaPer Report:
a. IS0 Building Code Effectiveness Grading
ClaSsificationReport.
b. Legislative Update.
NONE
NONE
COMMENTS FROM THE PUBLIC Request to Address City Council Name: Address: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 3itv: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council - Please Print Name: Address: City: Subject: \ Y Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM Request to Address THE PUBLIC City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
c COMMENTS FROM THE PUBLIC Request to Address CRY Council Please Print Name: Address: I Joan Altwater 9180 Cypress Hollow Drive Palm Beach Gardens City: Subject: *3TniL)E r- I=: Soith) b. he ARrnbR Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the ‘‘Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Please Print Name: Address: - City: Subject: Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Please Print Name: Address: City: h Subject: % Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Our Mission: To preserve, enhance and promote the PGA Corridor as the premier business location in Palm Beach County.
2008-2009 OWICON & Dlmton:
Jooy Elchnor, Chrlnnan
Stovo Mathison, vieo Chairman
Sbphon Cohon, Socntary
Gng Lowh, Immodktr P8St Chrlr
Phil Wood811 Tnasunr
Thomas CJI~S
Jool Channlng
Noli Gaota
G8ry Gottilob
Jlm Grimn
Don Horring
Fnnk C8lhd.r
~011. PMW
SUSTAINING MEMBERS:
1" Unltod Bank
Anchor Comnmcial B8nk
AndorsonyoOn Construction Corp.
Appktkld Walmm, Inc.
Aotodno
Catalhmw, comtruCtion & Domlopmont
Chrnnlng Corporrtkn
Colonial Bank, N.A.
Cotlour & Hoaring, tnc.
DMJ Property Sorvleos, Inc.
DouMoTrn Hotrl
Equus Prop.ctir
FAU
Flshor-Gah Corp.
Grand B8nk & Trust of Florid8
Illustr8tod Proprrtk. Roil Estato, Inc.
IrocrStono bnk
John C. Bllh Prop.ctir, Inc.
Johnston Group
Monln Dovolopmont Companhs, Inc.
NAllMwin Huntor Codman, Inc.
National City Corporation
Northom P8lm hch County ChrmW of Common.
Pago Commmkl Rod Estab, Inc.
Palm Bowh Community Collogo - Elssoy Campus
PGA Crodtt Unlon, 8 Dlvlslon of IBM Southo8st ECU
PGA Marina Contor, Ltd.
PGA National Romt & Spa
RAM Rulty
Robb & Stucky
Stophon S. Mathison, PA.
T8ylor Woodrow Communltks
Toquuta Agmcy, Inc.
Tho Forkr Company
Tho Koyw Comprny Rulty, Inc.
Tho RoSoum Group of N.A.
Tho Rlvw HOUH Rostaunnt
Ulbrn Doslgn Studio
Wackmhut Sorvleos., Inc.
%aCoriSt N.t)ocul Bank
WIlhnKi-hb P8-, hC.
WaW Club ASSOCi8tOS, LM.
W8-8y C8f6, InC.
May 7,2009
Mayor and City Council
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: MacArthur Statue
Dear Mayor and Council:
This letter is submitted by the Board of Directors on behalf of
the membership of the PGA Corridor Association.
We are extremely disappointed by your decision to place the
John D. MacArthur statue at Lake Catherine. We strongly
believe that a monument honoring this city's founding father
should be prominently placed at City Hall.
We strongly urge you to reconsider this matter.
Sincerely,
Chairman
JAEhnrp
P 0 Box 33388
Palm Beach Gardens, FI. 33420-3388
Website: www.opacomdor.com - Email: info@opacorridor.com
(561) 625-6109 - F~x (561) 744-3975
May 7,2009
Mayor Joe Russo
Vice Mayor David Levy
Mayor Eric Jablin
Councilwoman Jody Barneft
Councilman Burt Premuroso
Re: John D. MacArthur Statue
Palm Beach Gardens
Historical Society
6231 PGA Blvd. , Suite 104-181
Palm Beach Gardens, Florida, 33118
On behalf of the Palm Beach Gardens Historical Society, I again respectfully
request your reconsideration of the previous decision you made to locate the
statue of John D. MacArthur, our city’s founder, at Lake Catherine.
We completely endorse the decision to honor the memoly of the City’s founder in
this our S&h anniversary year. However, we are extremely disturbed by the
decision that was made, not to place this extremely significant monument in the
most prominent location within the city. . . at City Hall.
We concur with the comments of statue’s sculpture; the position of the
MacArthur Foundation on this matter; the recommendation of our Art in Public
Places Committee; as well as all of the other numerous entities that play an
important role in our city’s character, to locate this significant monument at City
Hall. To do otherwise would be to minimize the historical significance of John
D. MacArthur’s efforts in establhhing our wonderful City of Palm Beach
Gardens.
We urge you to reconsider your earlier decision, and take the necessary actions
to have this memorial to our city’s founder placed at its most appropriate
location, City Hall.
Respectfully Submitted, fiA Donal#Kiselewski
Chairman
Palm Beach Gardens Historical Society
The mission of the Palm Beach Gardens Historical Society is to collect,
preserve and share the rich history of the City of Palm Beach Gardens Florida,
for the education and enjoyment of current and future generations.
FRENCHMEN'S CREEK CHARITIES FOUNDATION, INC.
RECOGNITION
The City of Palm Beach Gardens would like to recognize the Frenchmen's Creek
Charities Foundation, Inc. for their continuing support to the city.
Over many years the funds this organization has raised have benefited numerous
city projects. This year's contributions, totaling more than $22,000, are
earmarked for the following projects:
Police Department - Utility vehicle to patrol parks and events.
Fire Rescue - Computer software to display building plans by responding engines
and rescue units.
Parks - Funding for playground equipment at Gardens Park.
Annette Sc hi1 li ng
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, The Congress and President of the United States have designated May 15th
as Peace Officers' Memorial Day, and the week in which May 15th falls as National Police
Week, and;
WHEREAS, the members of the Palm Beach Gardens Police Department play an essential
role in safeguarding the rights and freedoms of the City of Palm Beach Gardens, and;
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that members
of our law enforcement agency recognize their duty to serve the people by safeguarding life
and property, by protecting them against violence and disorder, and by protecting the
innocent against deception and the weak against oppression, and;
WHEREAS, the men and women of the Palm Beach Gardens Police Department
unceasingly provide a vital public service, and;
WHEREAS, May 15tA is designated as Peace Officers Memorial Day, with federal law
(P.L . 103-322) directing that all flags be flown at half-staff on that date in honor of fallen
officers and their families; and
NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, do
call upon all citizens of the City and upon all patriotic, civic and educational
organizations to observe the week of May 10-16, 2009, as Police Week in which all of our
people may join in commemorating law enforcement officers, past and present, who, by
their faithful and loyal devotion to their responsibilities, have rendered a dedicated service
to their communities and, in so doing, have established for themselves an enviable and
enduring reputation for preserving the rights and security of all citizens. I further call
upon all citizens of the City of Palm Beach Gardens to observe Friday, May 151h, as Peace
Officers' Memorial Day in honor of those law enforcement officers who, through their
courageous deeds, have made the ultimate sacrifice in service to their community or have
become disabled in the performance of duty, and let us recognize and pay respect to the
survivors of our fallen heroes.
Attest:
P~MC, City Clerk
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City
of Palm Beach G rdens, rida. to be
affiud on this da of ;year
Two Thousand
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, The Office of tM Municipal Clerk, a time lwnored and vital part of local
government exists througlwut tM world,· and
WHEREAS, The Office of tM Municipal Clerk is tM oldest among public servants,· and
WHEREAS, The Office of tM Municipal Clerk provides the professional link between tM
citizens, tM local governing bodies and agencies of government at otMr levels,· and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, The Municipal Clerk serves as tM information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve tM administration of the affairs
of the Office of tM Municipal Clerk through participation in education programs, seminars,
workslwps and tM annual meetings of their state, province~ county and international
professional organizations; and
WHEREAS, It is most appropriate that we recognize tM accomplishments of the Office of
the Municipal Clerk.
NOW, THEREFORE, I, Joseph R. Russo~ Mayor of the City of Palm Beach Gardens,
Florida, do hereby proclaim the week of May 3rd through May 9, 2009, as
MUNICIPAL CLERKS WEEK,
in the City of Palm Beach Gardens and further extend appreciation to our Certified
Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they
perform and eMir exemplary dedication to the communities they represent.
IN WITNESS WHEREOF,lluwe Mw:unto aet my hand
and ciJIUftl Seal of 1M c· y of Palm Beach
Ganlnu, be i8 7"" DGy of May, in
1M :1ftU" ~r"')~·~:,O.
ATTEST:
PatriCia.Snider,Cc, City Clerk
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, The Office of the Municipal Clerk, a time lwoored and vital part of local
government exists througlwut the world,· and
WHEREAS, The Office of the Municipal Clerk is the oldest among public servants,· and
WHEREAS, The Office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, The Municipal Clerk serves as the information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs
of the Office of the Municipal Clerk through participation in education programs, seminars,
workslwps and the annual meetings of their state~ province, county and international
professional organizations; and
WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of
the Municipal Clerk.
NOW, THEREFORE, 1, Joseph R. Russo, Mayor of the City of Palm Beach Gardens,
Florida, do hereby proclaim the week of May 3rd through May 9, 2009, as
MUNICIPAL CLERKS WEEK,
in the City of Palm Beach Gardens and further extend appreciation to our Certified
Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they
perform and their exemplary dedication to the communities they represent.
ATTEST:
Pa1r~C, City Clerk
IN WITNESS WHEREOF, llaa.ve hereunto ~~et my hand
and c-.ed I Seal of the City of Palm Beach
Go~ Flo o. w u ,... Doy of May, in
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