HomeMy WebLinkAboutAgenda Council Agenda 020708
City of Palm Beach Gardens
Council Agenda
February 7, 2008
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Levy Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 7, 2008
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 5) Amanda Buckley Field of Dreams – $10,000.00 donation from HSBC
Bank USA
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 6) Approve Minutes from December 6, 2007 regular City Council meeting.
b. (Page 13) Approve Minutes from December 20, 2007 regular City Council
meeting.
c. (Page 22) Approve Minutes from January 3, 2008 regular City Council meeting.
d. (Staff Report on Page 28, Resolution on Page 30) Resolution 9, 2008 - Honda
Classic PGA Golf Tournament. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement with the Children’s
Healthcare Charity, Inc. for the 2008 Honda Classic PGA Golf Tournament to
provide temporary volunteer parking, a public safety grant for off-duty Police and
Fire personnel, and an operations support grant to provide reimbursement for
labor, supervision, materials, and supplies for the operation of the event; and
providing an effective date.
e. (Page 45) Proclamation – Congenital Heart Defects Awareness Week.
f. (Page 46) Proclamation – ArtiGras Weekend.
g. (Page 47) Proclamation – Amanda Buckley Field Dedication.
h. (Page 48) Proclamation – National Engineers Week.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 49, Ordinance on Page 122) Ordinance 1, 2008 – (1st
reading) Establishment of the Parcel 5A Community Development District. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
establishing the Parcel 5A Community Development District pursuant to the
provisions of Section 190.005, Florida Statutes; designating the powers of the
District; and providing an effective date.
b. (Staff Report on Page 131, Ordinance on Page 201) Ordinance 2, 2008 – (1st
reading) Establishment of the Parcel 5B Community Development District. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
establishing the Parcel 5B Community Development District pursuant to the
provisions of Section 190.005, Florida Statutes; designating the powers of the
District; and providing an effective date.
c. (Staff Report on Page 210, Ordinance on Page 254, Resolution on Page 257)
Ordinance 3, 2008 – (1st reading) Benjamin Private High School Planned Unit
Development. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 30, 2000 and Ordinance 4, 2003 relating to
the Benjamin Private High School Planned Unit Development located at the
Northwest corner of Central Boulevard and Grandiflora Road to transfer the site
plan approval and related waivers and conditions to a separate Resolution; and
providing an effective date.
Resolution 11, 2008 is a companion item to Ordinance 3, 2008 and will
require council action only at second reading.
Resolution 11, 2008 - Benjamin Private High School Planned Unit Development.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
amending the Benjamin Private High School Planned Unit Development (PUD) to
allow a monument sign to be located at the Northwest corner of Central
Boulevard and Grandiflora Road, as more particularly described herein; providing
waivers; providing conditions of approval; and providing an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 265, Ordinance on Page 267) Ordinance 32, 2007 – (2nd
reading and adoption) Fiscal Year 2006/2007 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, 2006,
and ending September 30, 2007, inclusive; and providing an effective date.
b. (Staff Report on Page 280, Ordinance on Page 282) Ordinance 33, 2007 - (2nd
reading and adoption) Fiscal Year 2007/2008 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, 2007,
and ending September 30, 2008, inclusive; and providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 290, Resolution on Page 292) Resolution 19, 2008 -
Protecting Florida’s Investments Act. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida declaring the intent of the City Council to
ensure that Boards of the Pension Funds of the City operate consistently with the
“Protecting Florida’s Investments Act” by identifying companies doing business
with Iran’s energy sector and with the Sudan, and divesting from those
companies; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
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
TO: Ron Ferris, City Manager
THROUGH:
FROM:
Jack Doughney, Community Services Administra
Dan Reidy, Operations Director, Public Facilities
SUBJECT:
DATE: Januarv 25.2008
Amanda Buckley Field of Dreams - Donation from HSBC Bank USA
HSBC Bank USA, N.A. is pleased to announce that the City of Palm Beach Gardens has
been selected to receive a $10,000 grant for the installation of a scoreboard at The
Amanda Buckley Memorial Field of Dreams. Through this community enhancement
program, which is part of the HSBC Challenge Tour, HSBC Bank hopes to establish closer
ties between the local community and the Palm Beach Gardens HSBC branch. The
program strives to emphasize the importance of athletics in the development of youth.
A representative of HSBC Bank will be on hand at the February 7, 2008 Council meeting
to present a check to the City.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 1
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1
CITY OF PALM BEACH GARDENS 2
CITY COUNCIL 3
REGULAR MEETING 4
December 6, 2007 5
6
The December 6, 2007 Regular Meeting of the City Council of the City of Palm 7
Beach Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the 8
Municipal Comple x, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 9
by Mayor Joseph Russo. 10
I. PLEDGE OF ALLEGIANCE 11
II. ROLL CALL 12
The City Clerk called the roll and the following elected officials were found to be in 13
attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric Jablin, 14
Council Member Hal Valeche, and Council Member Jody Barnett. 15
III. ADDITIONS, DELETIONS, MODIFICATIONS 16
Additions 17
City Manager’s Report – Allan Owens, Finance Administrator, will present a report on 18
the State Board of Administration. 19
Deletions 20
Ordinance 27, 2007 – The Spear Group requested this ordinance be removed from the 21
December 6, 2007 agenda and placed on the April 3, 2008 agenda. A new Ordinance 22
number will be assigned and it will be re-advertised. 23
Ordinance 28, 2007 – The Spear Group requested this ordinance be removed from the 24
December 6, 2007 agenda and placed on the April 3, 2008 agenda. A new Ordinance 25
number will be assigned and it will be re-advertised. 26
MOTION 27
Motion made by Council Member Eric Jablin to remove Ordinance 27, 2007 and 28
Ordinance 28, 2007 from the December 6, 2007 agenda, seconded by Vice Mayor Levy 29
and carried by unanimous vote, 5–0. 30
VI. ANNOUNCEMENTS AND PRESENTATIONS 31
None. 32
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 33
REPORTS 34
Council Member Jody Barnett stated the Palm Beach Gardens Annual Craft Festival was 35
a success and thanked the vendors and staff for their participation. The tree lighting event 36
was beautiful and included a performance by the Florida Classical Ballet, snow and a 37
visit by Santa and Mrs. Claus. Council Member Barnett announced the Hanukkah 38
celebration w ill be held Tuesday, December 11, 2007 and everyone is invited. 39
Vice Mayor David Levy reported on the November 11, 2007 Parks and Recreation 40
Advisory Board Meeting highlighting discussion of the PGA field, picnic area, progress 41
on the park, new lighting, parking, buffer and transplanted trees from the Gander 42
Mountain site. Groundbreaking took place for the Amanda Buckley Field of Dreams. 43
Softball will begin in February. Vice Mayor Levy also reported he met with County 44
Commissioner Karen Marcus regarding the Value Place Hotel that is planned for Roan 45
Avenue. Vice Mayor Levy believes that Palm Beach Gardens has her support. Vice 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 2
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Mayor Levy suggested drafting a letter for Mayor Russo’s signature to the other County 1
Commissioners and Planning and Zoning Board members stating the objections of the 2
City of Palm Beach Gardens to the hotel. Vice Mayor Levy agreed to meet with 3
Commissioners and Planning and Zoning Board members individually. Council agreed 4
with the suggestion of a letter with Council Member Barnett requesting to see a draft of 5
the letter, to which Vice Mayor Levy agreed. 6
Council Member Hal Valeche cited economic problems in South Florida and noted we 7
should promote and support our local businesses. 8
Council Member Eric Jablin expressed his thanks to the Channing Corporation for the 9
Menorah that now stands at the Burns Road Community Center. Council Member Jablin 10
then thanked Ron Ferris, City Manager, and Allan Owens, Finance Administrator, for 11
having the foresight to remove City funds from the State pool. 12
Mayor Joseph Russo reported he attended the boat parade and announced the upcoming 13
Hanukkah celebration and Christmas party at the Burns Road Community Center. Mayor 14
Russo and Vice Mayor Levy met with Lake Park officials regarding the Kohl’s 15
department store. Mayor Russo also spoke with County Commissioner Karen Marcus 16
about roads including Northlake Boulevard and PGA Boulevard linkage roads. 17
Commissioner Marcus had the Constrained Roadway at a Lower Level of Service 18
(CRALLS) designation taken off because it did not come through the City. Mayor Russo 19
spoke with former Governor Bush and discussed the local biotech industry and he 20
attended the Honda Classic media day and accepted a check for $10,000 for the 21
boundless playground. Mayor Russo inquired about who maintains the lights on the 22
bridge since some always seem to be out. Mayor Russo expressed his thanks to everyone 23
who participated in the Big Heart Brigade effort. 24
VI. CITY MANAGER REPORT 25
Ron Ferris, City Manager, announced Eric Holdt, Information Technology Administrator, 26
was awarded the Certified Chief Information Officer (CCIO) designation from the 27
Institute of Government at Florida State Univ ersity. Mayor Russo presented Mr. Holdt’s 28
award. 29
Ron Ferris, City Manager, invited Allan Owens, Finance Administrator, to give an update 30
on City investments with the State Board of Administration Government Pool, which was 31
set up in 1982 for local governme nts, school boards, etc., to invest money safely. As a 32
result of reports on subprime loans, on November 28, 2007 $21.3 million was transferred 33
from this fund to a Wachovia Bank money market account. Council Member Valeche 34
inquired if either the Fire or Police Pension Funds have any investments that could be 35
affected. Mr. Owens replied that he will check into it. Discussion ensued regarding 36
possible fallout from investments at this time. It was noted that both Police and Fire 37
Pension Boards act independently. 38
Council Member Barnett asked for a presentation at a future meeting on the process park 39
planning goes through. Ron Ferris, City Manager, gave a brief explanation. Mayor Russo 40
asked that Council Member Barnett meet with staff and if she is not satisfied w ith the 41
explanation she can then bring the question back before Council. 42
VII. COMMENTS FROM THE PUBLIC 43
Pat Hughey, questioned the status of the PGA Boulevard flyover art and the expedited 44
permitting of the Amanda Buckley Field of Dreams. Ron Ferris, City M anager, explained 45
negotiations with the attorney for the artist are under way. Agreement was received today 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 3
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from the artist’s attorney on the method for repair. Mr. Ferris believes the issue will be 1
resolved shortly. Mr. Ferris explained the present improvements at the Amanda Buckley 2
Fields of Dreams were part of the capital improvement project. Future upgrades will go 3
through Planning and Zoning. Discussion ensued regarding future planning. 4
At this time Mayor Russo directed his comments to Carolyn Chaplik stating that 5
Ordinance 27, 2007 and Ordinance 28, 2007, on which she wished to speak, were pulled 6
from the agenda and moved to April 3, 2008 and will be re-advertised. 7
Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, requested that Ordinance 8, 8
2007 be pulled from the December 20, 2007 agenda. Mayor Russo stated there will be a 9
workshop later this evening. Ms. Estrada thanked the staff for the wonderful holiday 10
celebrations. 11
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, expressed her thanks to Ron 12
Ferris and Allan Owens for their actions in safeguarding City funds. 13
Lou Gaeta, 5220 Hood Road, Palm Beach Gardens, on behalf of the PGA Corridor 14
Association, requested the re-establishment of the Economic Development Advisory 15
Board (EDAB). Mr. Gaeta also thanked Ron Ferris and Allan Owens for their foresight in 16
safeguarding City funds. Mayor Russo explained that although the board is not 17
established at this time that development issues are being addressed. 18
VIII. CONSENT AGENDA 19
a. Resolution 127, 2007 – Approving the purchase of desktop computers. A Resolution 20
of the City Council of the City of Palm Beach Gardens, Florida approving the 21
purchase of 60 desktop computers for use in City-operated facilities via an existing 22
contract with the State of Florida, Contract No. 250-000-03-1; and providing an 23
effective date. 24
b. Resolution 129, 2007 – Emergency Medical Services Surcharge Funds. A Resolution 25
of the city Council of the City of Palm Beach Gardens, Florida approving application 26
to the Palm Beach County Emergency Medical Services Surcharge Fund; authorizing 27
the Mayor and City Clerk to execute said Agreement; and providing an effective date. 28
MOTION 29
Motion made by Council Member Eric Jablin to approve the Consent Agenda, seconded 30
by Vice Mayor Levy and carried by unanimous vote, 5–0. 31
IX. PUBLIC HEARINGS 32
City Clerk swore in all those preparing to give testimony at this meeting. 33
Part I – Quasi-judicial 34
a. Resolution 125, 2007 – Gardens Commerce Center Art. A Resolution of the City 35
Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places 36
for the Gardens Commerce Center Planned Unit Development (PUD), which is located 37
n the West side of Riverside Drive, East of Interstate 95, North of Plat 5 and 38
approximately 300 feet South of Burns Road, as described more particularly herein; 39
providing conditions of approval; and providing an effective date. 40
Mayor Russo declared the public hearing open. Ex parte communication was declared by 41
Council Member Jablin, Council Liaison to the Art in Publ ic Places (AIPP) Advisory 42
Board. He stated that he did see a presentation on this subject. Mayor Russo stated he had 43
a brief discussion on the subject. Vice Mayor Levy, Council Member Barnett and 44
Council Member Valeche declared no ex parte communications. 45
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Lucy Keshavarz, Art and Culture Group, Art Consultant for Pishon Partners, LLC, 1
developers of property. Ms. Kesharvaz explained the location for the artwork and reason 2
for the choice. Ms. Kesharvaz described Jorge Blanco’s artwork, Andalucia, and 3
addressed the concerns of the AIPP Advisory Board, including that Andalucia is the last 4
piece in a series of four, two of which are in Europe and the third is with the artist . The 5
cost is approximately $2,500 more than the amount in escrow. 6
Council Member Levy inquired if the piece could withstand hurricane-force winds. Ms. 7
Kesharvaz replied that it is certified to winds of 150 miles per hour. Council Member 8
Levy inquired if the base is aluminum and if it will be painted. Ms. Kesharvaz explained 9
that the base is aluminum and will not be painted. Sculpture will be powder coated white. 10
It will be bolted down. Mayor Russo expressed his concern that this sculpture not 11
experience the problems encountered with artwork located elsewhere in the City. Ms. 12
Kesharvaz explained that it is painted aluminum. Mayor Russo opened the hearing to 13
public comment. There being no public comment, Mayor Russo closed the hearing to 14
public comment. Council Member Barnett stated she found the piece to be cold and noted 15
that recent artwork has been metal. Discussion ensued regarding medium. Ms. Kesharvaz 16
stated maintenance cost is an issue and this piece is low maintenance. Vice Mayor Levy 17
complimented Ms. Kesharvaz on her presentation. 18
MOTION 19
Motion made by Council Member Eric Jablin to approve Resolution 125, 2007, seconded 20
by Vice Mayor Levy and carried by unanimous vote, 5 –0. 21
b. Resolution 126, 2007 – Village Square Professional Park Phase II Plat. A Resolution 22
of the City Council of the City of Palm Beach Gardens, Florida approving the Village 23
Square Professional Park Phase II Plat and providing an effective date. 24
Mayor Russo declared the public hearing open. No ex parte communication was declared. 25
Mayor Russo opened the hearing to public comment. There being no public comment, 26
Mayor Russo closed the hearing to public comment. 27
MOTION 28
Motion made by Council Member Eric Jablin to approve the Resolution 126, 2007, 29
seconded by Vice Mayor Levy and carried by unanimous vote, 5 –0. 30
X. RESOLUTIONS 31
Resolution 120, 2007 – Amendment to the Solid Wast e, Recycling, and Vegetative Waste 32
Services Agreement. A Resolution of the City Council of the City of Palm Beach 33
Gardens, Florida approving a Clarification and Addendum I to the Solid Waste, 34
Recycling, and Vegetative Waste Services Agreement with Waste Ma nagement, Inc; and 35
providing an effective date. 36
Mayor Russo declared the public hearing open. No ex parte communication was declared. 37
Mayor Russo opened the hearing to public comment. Mike Morrow, Public Works 38
Operations Director, explained the item is to clarify the contract agreement language 39
related to the container residential service and the billing of the units that were not 40
included in the monthly invoice. There were 5,897 container service units, of which 41
2,887 units are commercial and rental apartment accounts that have been billed 42
accordingly by Waste Management. There are 3,007 residential containers that were not 43
billed by Waste Management. Mr. Morrow provided a listing and map of the areas 44
concerned. After 18 months the amount due is $297,435.48. Mayor Russo clarified the 45
money is in the budget, but we were never billed. There were no questions. 46
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MOTION 1
Motion made by Council Member Eric Jablin to approve Resolution 120, 2007, seconded 2
by Vice Mayor Levy and carried by unanimous vote, 5 –0. 3
XI. ORDINANCES 4
None. 5
XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION 6
a. Placing Ordinance 8, 2007. (Amend the Palm Beach Gardens Land Development 7
Regulations providing limitations to maximum height waivers.) onto the December 20, 8
2007 agenda for 2nd reading and adoption. 9
Mayor Russo stated Ordinance 8, 2007 was on the January agenda and eliminated height 10
restrictions for residential buildings. There were issue s in the Ordinance that needed to be 11
addressed. In March Mayor Russo asked Council if he could meet with the PGA Corridor 12
Residents’ Coalition to find out their issues. His objective was to possibly come up with 13
an Ordinance that can deal with the height of all of our buildings: commercial, industrial 14
and residential and put that in this Ordinance. There is lack of agreement within the 15
Coalition. Mayor Russo suggested the residential component of Ordinance 8, 2007 be re -16
done and the commercial component be left until after the election when a new 17
administration is in place. Mayor Russo stated he agrees with Carolyn Chaplik that this 18
item not be discussed at the December 20, 2007 Council meeting, but should be discussed 19
at the January 12, 2008 meeting at Woodland Lakes Clubhouse, to which all are invited. 20
He cited two remaining objections: 1) super majority and 2) Transit-Oriented 21
Development (TOD). Mayor Russo asked for Council comments. Council Member Jablin 22
stated he remembered the same issues. Council Member Barnett asked Mayor Russo to 23
give further explanation on what he is asking Council to do on the Ordinance. He then 24
stated he did not want to see the Tri-Rail Station eliminated. Council Member Valeche 25
stated the Ordinance should be discussed further and that he believes the discretion 26
should be kept at Council level. Vice Mayor Levy stated he believes tra nsportation 27
options should be kept open because of future demand and that a select group of people 28
have overly influenced the issues. Council Member Barnett stated that agreement has not 29
been reached in almost one year. She believes the Ordinance should be addressed 30
comprehensively. Mayor Russo stated he did not want to pass the issue to a new Council. 31
He will attend the January 12, 2008 meeting at Woodland Lakes and discuss the issues 32
further in the hope resolution can be reached within the next few months . 33
Council Member Jablin discussed the AIPP Advisory Board meeting where the North 34
County Library expansion was discussed, which will almost double the space. He 35
explained the County concept of having the art inside of the building. The Council 36
expressed their agreement and Council Member Jablin said he will notify the County so 37
they can go forward with the Call to Artists. 38
Council Member Barnett asked City Attorney Tatum for her opinion on the gathering of 39
signatures on petitions at a public event. 40
41
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XIII. CITY ATTORNEY REPORT 1
In response to Council Member Barnett’s question Attorney Tatum stated that gathering 2
signatures at traditional parks and plazas and outside of City Hall are open for free speech 3
activities including political activities; tr aditional limited public forums inside of 4
buildings, inside of City Hall, and other municipal buildings are not appropriate. Other 5
constraints include City employees from being involved in any manner; they cannot be 6
approached to participate or to sign a petition while acting in their capacity as a City 7
employee. There are other constraints that involve trying to raise money on public 8
property. The freedom of association and free speech does allow people to use public 9
forums, such as the Green Market, which is on public property, or to campaign for office 10
or to gather signatures for political issues. Mayor Russo stated he hopes our holiday 11
events are not turned into political events. He asked for candidates to use discretion. 12
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XIV. ADJOURNAMENT 1
There being no further business to discuss, the meeting was adjourned at 8:23 p.m. 2
3
APPROVED: 4
5
________________________________ 6
Joseph R. Russo, Mayor 7
8
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________________________________ 10
David Levy, Vice Mayor 11
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________________________________ 14
Eric Jablin, Council Member 15
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Hal R. Valeche, Council Member 19
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________________________________ 22
Jody Barnett, Council Member 23
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Attest: 27
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Patricia Snider, CMC 31
City Clerk 32
33
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 34
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 35
All referenced attachments on file in the City Clerk’s office. 36
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CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
December 20, 2007 4
5
The December 20, 2007 Regular Meeting of the City Council of the City of Palm Beach 6
Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the 7
Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8
by Mayor Joseph Russo. 9
I. PLEDGE OF ALLEGIANCE 10
II. ROLL CALL 11
The City Clerk called the roll and the following elected officials were found to be in 12
attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric Jablin, 13
Council Member Hal Valeche, and Council Member Jody Barnett. 14
III. ADDITIONS, DELETIONS, MODIFICATIONS 15
None. 16
VI. ANNOUNCEMENTS AND PRESENTATIONS 17
a. Mayor Russo wished everyone a happy holiday season. Mayor Russo then stated that 18
the previous Tuesday he attended a luncheon of the Business Development Board where 19
it was announced that the Max Planck Society is coming to Palm Beach County. The 20
Governor signed off that morning to provide 50 percent of the funds necessary, and the 21
County had done so previously. The contract is still being finalized. Mayor Russo stated 22
that this is the most exciting event to happen to Palm Beach County since he has been 23
here. It took years to get Scripps worked out, but without Scripps we would not have 24
gotten the Max Planck Society. The most powerful thing to come from this is having 25
them side by side. The Max Planck Society will locate their bio-imaging division here, 26
which in effect tracks the cells. Mayor Russo believes that other companies will want to 27
come here too. For those with families and children, they will be able to work here after 28
completing school and for businesses this will give us a 12-month economy. Mayor 29
Russo thanked staff for their efforts. 30
b. Mayor Russo presented the Certificate of Achievement to Eric Rule Markisen, Troop 31
155, for earning the rank of Eagle Scout. He then congratulated Eric and his parents for 32
his achievements. 33
c. Mr. Roy Friedrick, representing the Florida Department of Financial Services, 34
described the My Safe Florida Home program. The program offers assistance to single-35
family homeowners to strengthen their homes against storm damage. 36
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 37
REPORTS 38
Council Member Jody Barnett reviewed 2007 by citing: 1) The Landmark, the tallest 39
building in Palm Beach Gardens, has been completed and is occupied; 2) South Hampton 40
continues to be barren; 3) Midtown has been built and has become a popular 41
entertainment destination; 4) Palm Beach Gardens Elementary School and Palm Beach 42
Gardens High School have been demolished, making way for construction of new school 43
buildings; 5) the City has begun its Going Green initiative; 6) the weekly Green Market 44
is always popular; 7) Publix GreenWise market was a healthy addition to the City; 8) the 45
greening of the courtyard; 9) the dedication of the courtyard as Veterans Plaza; 10) two 46
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golf tournaments were held; 11) supported the Big Heart Brigade; 12) made 1
improvements to City parks; 13) retrieved City funds from the State Board of 2
Administration Government Pool without incurring a loss; 14) achieved budget cuts that 3
met and exceeded State guidelines; 15) lowered the tax rate; 16) refund of $500,000 to 4
Coulter because the Gardens Pointe projects will not be built; 17) reimbursed Carl 5
Sabetello $43,000 in legal fees; and 18) funded Christmas and Hanukkah parties. Council 6
Member Barnett cited other benefits of living in Palm Beach Gardens. 7
Mayor Joseph Russo corrected Council Member Barnett’s statement that the City funded 8
the Christmas and Hanukkah parties. He clarified by stating they were funded from 9
donations. Council Member Barnett said she meant to say the tree lighting party. 10
Vice Mayor David Levy reported he attended the Regional Hazardous Oversight 11
Committee meeting. Boundaries for the four zones were re-adjusted to make response 12
time quicker. An issue does exist between Palm Beach County and the City of Boca 13
Raton. More changes may be forthcoming in future months when those issues are settled. 14
Also discussed were Environmental Protection Agency (EPA) Tier2 chemicals, which is 15
a listing the Fire Department needs to know about in case of an evacuation. Discussion 16
was held on the need for Mercury vapor analyzers. Interlocal Agreements were discussed 17
so they can be “firmed up” and everyone can work together. Training opportunities were 18
discussed. The four hazardous materials teams are rated above 95 percent, with two rated 19
at 99.99 percent. Vice Mayor David Levy congratulated the Fire Chiefs and the original 20
members for this achievement. 21
Council Member Hal Valeche discussed the upcoming January 29, 2008 election citing 22
the Constitutional Tax Amendment. It details the ability of municipalities to collect taxes. 23
Council Member Valeche asked that everyone look beyond the advertising and educate 24
themselves and look at what the issues really are. The second Amendment, Home Town 25
Democracy, may appear on the November ballot. Council Member Valeche believes this 26
Amendment is dangerous and would cripple the Council in doing the people’s business. 27
He again asked that everyone educate themselves about this Amendment. 28
Council Member Eric Jablin stated he has been approached on several occasions by the 29
Home Town Democracy people, who are not volunteers, but are paid. He stated that they 30
present a persuasive argument for the Amendments. Council Member Jablin agreed with 31
Council Member Valache’s assessment of the Amendment being dangerous and having 32
crippling effects on government to conduct business. Council Member Jablin thanked 33
staff for their assistance in putting on the Hanukkah party. He stated that all of the money 34
is donated and the goals have always been achieved. Council Member Jablin stated he 35
attended the Metropolitan Planning Organization (MPO) meeting last week. The extra 36
two lanes of PGA Boulevard going West of Florida’s Turnpike all the way to the Beeline 37
Highway and beyond have been removed from the Five-Year Plan. Council Member 38
Jablin stated he is concerned about the South Florida Water Management District’s 39
(SFWMD) creation of the 160 structure at Mirasol. It will lift the level of the C-18 to a 40
much higher level than it has ever been, and it is really to recharge the Loxahatchee 41
River. The concern is that the roadway has not been lifted. If the roadway is not lifted it 42
will be under water. There is no money in any budget to lift the roadway. Council 43
Member Jablin suggested a letter be drafted to the MPO stating the City of Palm Beach 44
Gardens’ position on the issue. Further discussion ensued regarding this topic. 45
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Mayor Joseph Russo thanked staff for their work during the year and announced PGA 1
National Spa & Resort received its Green Lodging certification. Only two other hotels in 2
Palm Beach County hold this certification – The Colony and The Breakers. The Governor 3
stated last year that State meetings could only be held in a Green Lodging resort. The 4
certification indicates the hotel’s dedication to conservation. The Honda Classic is 5
expanding the scope of its events and high-profile golfers will attend the March 6
tournament. Mayor Russo announced he will attend a meeting regarding the Honda 7
Classic on January 7, 2008. The artist, Costas Varotsos, sent three copies of a book of his 8
art that has been printed. It contains the Military Trail sculpture, Contiguous Currents. 9
One copy will be available for viewing in the City Hall lobby, one will be kept in the City 10
Manager’s office and the third will be kept in the Lakeside historical collection. 11
Council Member Jablin announced the Alexander Renoir painting has been hung in the 12
City Hall lobby next to the elevator. Alexander Renoir is the grandson of Pierre-August 13
Renoir. When Mr. Renoir visited Palm Beach Gardens he chose the Banyan tree site to 14
memorialize in a painting, which he presented to the City. 15
Mayor Russo continued by stating he met with Art Johnson, Superintendent of Schools, 16
and inquired when the light at Military Trail and Lilac Street will be installed. Mr. 17
Johnson assured Mayor Russo that it will be taken care of and won’t be an issue. 18
VI. CITY MANAGER REPORT 19
None. 20
VII. COMMENTS FROM THE PUBLIC 21
Mayor Russo opened the floor to public comment. 22
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, expressed her concern 23
about the art on the PGA Boulevard flyover. Ron Ferris, City Manager, stated that an 24
agreement was reached on December 19, 2008. The pieces will be removed, repaired and 25
reinstalled. A new one-year warranty was requested by the City and the artist has agreed. 26
Suzanne Archer, 3187-B Gardens East Drive, Sandalwood, Palm Beach Gardens, stated 27
that her requests for inspection of records for the past two years have gone unanswered 28
and she is unhappy with the response. Ron Ferris, City Manager, stated that Ms. Archer 29
has requested an excessive number of records. The staff has spent a great deal of time and 30
effort responding to the requests and sometimes the records she is requesting do not exist 31
or she is unhappy with the result. The officer was present in the lobby because of Ms. 32
Archer’s aggressive behavior with the City Clerk frightened her and she requested 33
protection. Ms. Archer has been given the opportunity to examine records the City has to 34
help her get the information she wants. An e-mail was received today from Ms. Archer 35
where she complained about the General Contractor (GC). The building official is here 36
and can describe her response. They are working with Palm Beach County Certification. 37
Things are happening, but they may not be happening as quickly as she would like. There 38
is an entire City to serve, not just Ms. Archer. Codes and Ordinances are being enforced 39
to the best of the City’s ability. Permits are issued according to the building codes. 40
Records and permits are being reviewed. Inspections are being done, just not to the 41
satisfaction of Ms. Archer. 42
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, speaking as president of the 43
Community Awareness Network (CAN), PGA National, wished Council Members happy 44
holidays on behalf of the CAN Board of Directors. Ms. Elias announced that the CAN 45
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12 · 20 · 07
annual meeting will be held on February 5, 2008 in PGA National. It will be an 1
opportunity for everyone to meet the candidates. All Council Members are invited. 2
Steve Cohen, Holland and Knight, LLP, 222 Lakeview Avenue, immediate past chair of 3
the PGA Corridor Association believes the business community is facing economic 4
challenges. They would like the Council to be sensitive to the economic challenges and 5
take actions that will help existing business to thrive and encourage new businesses to 6
move here. Mr. Cohen thanked the Council for their efforts in getting Max Planck to 7
move here. He invited Council to the 8th Annual Economic Forecast Breakfast, January 8
23, 2008, 7:30 a.m. at the Embassy Suites Hotel. 9
John Calia, 161 Bent Tree Drive, Palm Beach Gardens, expressed his concern over 10
watching his backyard disappear into the pond behind his house. In December 2003 11
Seacoast Utilities shut down the Palm Beach Gardens well field because of 12
contamination. As a result they excessively drew down the Hood Road well field, which 13
serves Bent Tree, causing the emptying of the pond and the collapse of its banks. Mr. 14
Calia provided further data regarding the issue including his belief that the City of Palm 15
Beach Gardens owns 51 percent of Seacoast Utilities. Mayor Russo expressed his 16
familiarity with the situation. Mayor Russo stated the 51 percent does not mean the City 17
controls Seacoast Utilities. Ron Ferris, City Manager, explained the City has 54 percent, 18
but there must be one other voting with you. Mayor Russo explained that voting must be 19
in coordination with other Cities. Ron Ferris stated the matter is in the hands of attorneys. 20
Mayor Russo stated he cannot issue a statement because of the litigation issue. 21
Paula Magnuson, 3167-D Gardens East Drive, Sandalwood, Palm Beach Gardens, 22
thanked the Council for the canal restoration. She also expressed her thanks for the 23
removal of ficus trees. Ms. Magnuson stated issues still existing within the Sandalwood 24
community as a result of the 2004 hurricanes. Mayor Russo explained the expedited 25
permitting process at the time was to help this devastated community have repairs made. 26
VIII. CONSENT AGENDA 27
a. Approve Minutes from October 4, 2007 regular City Council meeting. 28
b. Approve Minutes from October 18, 2007 regular City Council meeting. 29
c. Approve Minutes from November 1, 2007 regular City Council meeting. 30
d. Approve Minutes from November 15, 2007 regular City Council meeting. 31
MOTION 32
Motion made by Council Member Eric Jablin to approve the Consent Agenda, seconded 33
by Vice Mayor Levy and carried by unanimous vote, 5–0. 34
IX. PUBLIC HEARINGS 35
Part I – Quasi-judicial 36
Mayor Russo announced the procedures that would be followed in tonight’s quasi-37
judicial proceedings. The City Clerk swore in all those intending to offer testimony in 38
any of tonight’s public hearings. Mayor Russo opened the public hearing. 39
a. Resolution 131, 2007 – Redevelopment of Palm Beach Gardens Elementary School. 40
A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving 41
the site plan and a major conditional use for the 11.44-acre parcel of land, generally 42
located at the Northeast corner of Holly Drive and Riverside Drive, as more particularly 43
described herein, to be referred to as the “Palm Beach Gardens Elementary School”; 44
allowing the redevelopment of the existing elementary school; providing for conditions 45
of approval; and providing an effective date. 46
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The City Clerk read Resolution 131, 2007 by title. No ex parte communication was 1
declared. 2
At this time Mayor Russo stepped away from the dais. 3
Randall Granberry, Senior Planner, Palm Beach County School District Planning 4
Department, stated he had a presentation prepared. At this time Kara Irwin, Growth 5
Management Administrator, stated the Palm Beach County School Board had accepted 6
Resolution 131, 2007 as it stands for Palm Beach Gardens Elementary School. There 7
being no questions of the petitioner, staff or public Vice Mayor Levy closed the public 8
hearing. 9
MOTION 10
Motion made by Council Member Eric Jablin to approve Resolution 131, 2007, seconded 11
by Council Member Hal Valeche and carried by unanimous vote, 4–0. 12
Mayor Russo returned to the dais. The City Clerk read Resolution 132, 2007 by title. 13
Mayor Russo opened the public hearing. No ex parte communication was declared. 14
b. Resolution 132, 2007 – Redevelopment of Allamanda Elementary School. A 15
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the 16
site plan and a major conditional use for the 14.9-acre parcel of land, generally located at 17
the Southwest corner of Allamanda Lane and Nogal Circle, as more particularly 18
described herein, to be referred to as the “Allamanda Elementary School”; allowing the 19
redevelopment of the existing elementary school; providing for conditions of approval; 20
and providing an effective date. 21
Christine Tatum, City Attorney, stated copies of revised Condition 8 on page 2 were 22
being distributed at this time. Attorney Tatum explained there was a small change 23
regarding a timing issue. Kara Irwin, Growth Management Administrator, explained the 24
timing issue regarding the turn lane off of Allamanda Drive. The Palm Beach County 25
School Board has agreed to a one-year extension so the improvement could be added to 26
the budget. Within one year of the occupation of the school the School Board has agreed 27
to design and engineer a turn lane off of Allamanda Drive. Council Member Jablin 28
inquired about how binding the agreement is. He then stated it is a safety issue for 29
children. There being no further questions from Council Mayor Russo opened the floor 30
to public comment. 31
Tom Clark, 10288 Allamanda Boulevard, Sienna Oaks, Palm Beach Gardens, stated he 32
chose the lot for his home because of the view from the backyard. The construction of the 33
new Allamanda Elementary School is ruining it. He asked for consideration when 34
planning landscaping. Mayor Russo stated his concern for the situation. Randall 35
Granberry, Senior Planner, Palm Beach County School District Planning Department, 36
stated before the process began meetings were held with community members, including 37
Siena Oaks. All proper notifications were given. Community members reviewed the site 38
plans and changes were made based on feedback. Kari Botek, PGAL Architects, stated 39
their plans were developed after taking into consideration the growing population and 40
increase in classroom sizes. Therefore, the footprint of the school had to be adjusted. The 41
school principal wanted a one-story solution due to the Exceptional Student Education 42
(ESE) population and the Siena Oaks community also wanted a one-story solution. The 43
chiller yard was located as far from the residential area as possible. The courtyard was 44
designed for student safety. As a result, the campus has wings that work off the main 45
mass. Crime Prevention Through Environmental Design (CPTED) issues were also 46
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considered. They spoke to Mark Hendrickson, City of Palm Beach Gardens Forester, 1
regarding landscape issues. Mayor Russo stated he would like to see the review process 2
improved. Council Member Barnett suggested that due to Mr. Clark’s close proximity 3
further landscaping be discussed, to which Ms. Botek agreed. Council Member Jablin 4
stated he would reluctantly make the motion to pass Resolution 132, 2007 because of the 5
negative impact on Mr. Clark. With no further comments to be heard, Mayor Russo 6
closed the public hearing. 7
MOTION 8
Motion made by Council Member Eric Jablin to approve Resolution 132, 2007 as 9
amended, seconded by Vice Mayor David Levy and carried by unanimous vote, 5–0. 10
c. Resolution 133, 2007 – Anspach Effort Plat. A Resolution of the City Council of the 11
City of Palm Beach Gardens, Florida approving the Anspach Effort Plat; and providing 12
an effective date. 13
The City Clerk read Resolution 133, 2007 by title. Mayor Russo opened the public 14
hearing. No ex parte communication was declared. There being no public comments 15
Mayor Russo closed the public hearing. 16
MOTION 17
Motion made by Council Member Eric Jablin to approve Resolution 133, 2007, seconded 18
by Vice Mayor David Levy and carried by unanimous vote, 5–0. 19
Part II – Non-Quasi-judicial 20
a. Resolution 130, 2007 – Vehicle Purchase Award. A Resolution of the City Council of 21
the City of Palm Beach Gardens, Florida awarding contracts for the purchase of twenty 22
one vehicles to Alan Jay Import Center, Garber Chevrolet, Duval Ford, Beck Auto Sales, 23
and Classic Chevrolet via existing contracts with the Florida Sheriff’s Association, 24
Contract Nos. 07-15-0827 and 06-14-0821; and providing an effective date. 25
The City Clerk read Resolution 130, 2007 by title. Mayor Russo opened the public 26
hearing. No ex parte communication was declared. 27
Mike Morrow, Operations Director, presented his request for the purchase of 21 new City 28
vehicles for assigned tasks. The included costs were itemized. Vehicles to be purchased 29
are: 5 full-size police package vehicles, 7 mid-size police package vehicles, 1 full-size 30
SUV, 1 full-size regular SUV, 2 mid-size sedans (1 of which is hybrid), 5 SUV (4 of 31
which are hybrid). The department breakdown was given. The total cost is $448,523.00. 32
Mayor Russo asked if there were any questions of staff. Council Member Valeche 33
expressed his objection to purchasing hybrid vehicles because the additional cost does not 34
justify the savings and the technology has not been perfected at this time. Mayor Russo 35
complimented staff for their work and choice of vehicles. There being no public 36
comments Mayor Russo closed the public hearing. 37
MOTION 38
Motion made by Council Member Eric Jablin to approve Resolution 133, 2007, seconded 39
by Vice Mayor David Levy and carried by a vote of 4–1 with Council Member Valeche 40
dissenting. 41
b. Resolution 135, 2007 – Investment Policy Amendment. A Resolution of the City 42
Council of the City of Palm Beach Gardens, Florida approving an amended Investment 43
Policy; and providing an effective date. 44
Mayor Russo opened the public hearing. 45
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Allan Owens, Finance Administrator, stated the recommended changes to the City 1
Investment Policy. City money has been withdrawn from the State Board of 2
Administration. Two options are being recommended: 1) Wachovia, the City’s current 3
bank, and 2) the Florida League of Cities. Wachovia offers two institutional money 4
market accounts that are safe, liquid and AAA–rated: 1) Treasury Money Market Fund 5
and 2) U.S. Government Money Market Fund. Allan Owens presented specific financial 6
data for both funds, which are considered short term. The Florida League of Cities offers 7
two longer term investment horizon: 1) 1–3-Year High-Quality Bond Fund and 2) 8
Intermediate High-Quality Bond Fund. Allan Owens presented specific financial data and 9
monitoring information for the Florida Municipal Investment Trust Program. It was 10
stressed that the considered funds only invest in the highest quality securities and do not 11
invest in the collateralized debt obligation or securities backed by subprime mortgages. 12
Specific verbiage for Section E No. 5 and Section E No. 6 was stated. Recommendation 13
was offered for the amendment. Dustin Heinz, Florida League of Cities, was introduced 14
and was available to answer questions. 15
Council Member Barnett questioned the fee structure and return. Dustin Heinz explained 16
the fee structure. Council Member Valeche asked if there is a method to monitor changes 17
to investment policy by the Florida League of Cities. Mayor Russo stated he is more 18
interested in safety than returns at this time. Allan Owens suggested investing some 19
money in safe Treasury-backed money market accounts and diversifying as well. Council 20
Member Barnett expressed her concern about changing our policy to increase the risk at 21
this point in time. Mayor Russo stated he believes that at this time we should only have 22
super-safe investments. Ron Ferris, City Manager, stated he believes staff has proven 23
their ability to safely manage City funds, which are monitored on a daily basis and that 24
Allan Owens is presenting options. Council Member Levy questioned if the City has a 25
policy for minimum rating, such as AAA. Mayor Russo stated that Council is offering 26
direction for only the safest investments at this time. 27
MOTION 28
Motion made by Council Member Eric Jablin to approve Resolution 135, 2007, seconded 29
by Vice Mayor David Levy and carried by unanimous vote, 5–0. 30
c. Resolution 137, 2007 – Florida Municipal Investment Trust. A Resolution of the City 31
Council of the City of Palm Beach Gardens, Florida authorizing the City of Palm Beach 32
Gardens to join with other local governmental units as a participant in the Florida 33
Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in 34
the trust; and providing an effective date. 35
MOTION 36
Motion made by Council Member Eric Jablin to approve Resolution 137, 2007, seconded 37
by Vice Mayor David Levy and carried by unanimous vote, 5–0. 38
XI. ORDINANCES 39
a. Ordinance 32, 2007 – (1st reading) Fiscal Year 2006/2007 Budget Amendment. An 40
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the 41
City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2006, and 42
ending September 30, 2007, inclusive; and providing an effective date. 43
The City Clerk read Ordinance 32, 2007 by title. Mayor Russo opened the public hearing. 44
Allan Owens, Finance Administrator, presented the financial report showing remaining 45
funds from the FY 2006/2007 budget supporting the need for a budget amendment. Staff 46
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recommends approval of Ordinance 32, 2007. Mayor Russo thanked the department 1
heads and staff for being careful about finances and not spending money simply because 2
it is in the budget. 3
There being no public comments Mayor Russo closed the public hearing. 4
MOTION 5
Motion made by Council Member Eric Jablin to approve Ordinance 32, 2007 on 1st 6
reading, seconded by Vice Mayor David Levy and carried by unanimous vote, 5–0. 7
b. Ordinance 33, 2007 - (1st reading) Fiscal Year 2007/2008 Budget Amendment. An 8
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the 9
City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2007, and 10
ending September 30, 2008, inclusive; and providing an effective date. 11
The City Clerk read Ordinance 33, 2007 by title. Mayor Russo opened the public hearing. 12
Allan Owens, Finance Administrator, explained Ordinance 33, 2007 moves the remaining 13
funds from the FY 2006/2007 into the FY 2007/2008 budget. 14
There being no public comments Mayor Russo closed the public hearing. 15
MOTIONMotion made by Council Member Eric Jablin to approve Ordinance 33, 2007 16
on 1st reading, seconded by Vice Mayor David Levy and carried by unanimous vote, 17
5–0. 18
XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION 19
None. 20
XIII. CITY ATTORNEY REPORT 21
None. 22
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XIV. ADJOURNAMENT 1
There being no further business to come before the Council, the meeting was adjourned 2
at 8:56 p.m. 3
4
APPROVED: 5
6
________________________________ 7
Joseph R. Russo, Mayor 8
9
10
________________________________ 11
David Levy, Vice Mayor 12
13
14
________________________________ 15
Eric Jablin, Council Member 16
17
18
________________________________ 19
Hal R. Valeche, Council Member 20
21
22
________________________________ 23
Jody Barnett, Council Member 24
25
26
27
Attest: 28
29
30
________________________________ 31
Patricia Snider, CMC 32
City Clerk 33
34
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 35
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 36
All referenced attachments on file in the City Clerk’s office. 37
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 1
01 · 03 · 08
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
January 3, 2008 4
5
The January 3, 2008 Regular Meeting of the City Council of the City of Palm Beach 6
Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the 7
Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8
by Mayor Joseph Russo. 9
I. PLEDGE OF ALLEGIANCE 10
II. ROLL CALL 11
The Deputy City Clerk called the roll and the following elected officials were found to be 12
in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric 13
Jablin, and Council Member Hal Valeche. Council Member Jody Barnett was absent. 14
On behalf of the Council and staff, Mayor Russo wished all a happy new year. 15
III. ADDITIONS, DELETIONS, MODIFICATIONS 16
None. 17
VI. ANNOUNCEMENTS AND PRESENTATIONS 18
None. 19
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 20
REPORTS 21
Vice Mayor David Levy reported staff participated in a Roan Avenue Fact Finding 22
Committee regarding the proposed hotel. Mayor Russo signed a letter to the County on 23
the subject. Vice Mayor Levy requested staff provide an update at the next City Council 24
meeting (January 17, 2008). 25
Council Member Hal Valeche wished all a happy new year. Council Member Valeche 26
noted this is a significant year for elections and that it is important to learn about the 27
issues and the candidates. The City Council has three seats up for election in March. 28
Council Member Eric Jablin wished all a happy new year and reiterated Council Member 29
Valeche’s statement about 2008 being an important election year. 30
Mayor Joseph Russo announced the passing of Chief of Police Stephen Stepp’s father 31
and asked for a moment of silence in his memory. John Calia, 161 Bent Tree Drive, Palm 32
Beach Gardens, requested the help of Council at the last meeting (December 20, 2007) 33
regarding his property in dealing with Seacoast Utilities. Mayor Russo announced that a 34
meeting was held including himself, Mr. Calia, Mr. Calia’s representative, the City 35
Manager and Seacoast Utilities. A dialogue was established and it is hoped a solution will 36
be found. It is a difficult issue. 37
VI. CITY MANAGER REPORT 38
None. 39
VII. COMMENTS FROM THE PUBLIC 40
Mayor Russo opened the floor to public comment. 41
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, expressed her concern 42
about the possibility of Southampton being abandoned by Hovnanian and about the 43
lighting at Paloma. Mayor Russo stated he would like to see the Crime Prevention 44
Through Environmental Design (CPTED) revisited because of the complaints about light 45
pollution. 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 2
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Donaldson Hearing, Cotleur & Hearing, speaking on behalf of the PGA Corridor 1
Association, stated on Wednesday, January 23, 2008 at 7:30 a.m., at the Embassy Suites 2
Hotel, the 8th Annual Economic Forecast will be held. The subject is, Have We Reached 3
the Bottom? The public is encouraged to attend. 4
VIII. CONSENT AGENDA 5
a. Resolution 7, 2008 – Maintenance Memorandum of Agreements. A Resolution of the 6
City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to 7
be the signatory authority for Agreements related to roadway and median beautification 8
installation and maintenance; and providing an effective date.. 9
MOTION 10
Motion made by Council Member Eric Jablin to approve the Consent Agenda, seconded 11
by Vice Mayor Levy and carried by unanimous vote, 4–0. 12
IX. PUBLIC HEARINGS 13
Part I – Quasi-judicial – Mayor Russo announced the procedures that would be 14
followed in tonight’s quasi-judicial proceedings. The Deputy City Clerk swore in all 15
those intending to offer testimony in any of tonight’s public hearings. Mayor Russo 16
opened the public hearing. 17
a. Resolution 2, 2008 – Amendment to the Waterford/Wyndham Garden Hotel Planned 18
Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, 19
Florida amending the Waterford/Wyndham Garden Hotel Planned Unit Development 20
(PUD), located approximately one-tenth of a mile South of PGA Boulevard on the East 21
side of U.S. Highway One, as more particularly described herein, to allow architectural 22
and site plan modifications, the conversion of 13 suites to rooms, and the conversion of a 23
public restaurant to a private restaurant; providing waivers; providing conditions of 24
approval; and providing an effective date. 25
Mayor Russo asked for ex parte communication. Vice Mayor David Levy declared he 26
talked to Charles Dender. Mayor Russo, Council Member Jablin and Council Member 27
Valeche declared no ex parte communication. 28
Donaldson Hearing, Cotleur & Hearing, representing Jim Geiger, Pinnacle Hospitality 29
Group, presented a brief history of the Waterford/Wyndham Hotel, which is to become 30
the Wyndham Garden Hotel. Mr. Hearing described the Wyndham Hotel Company and 31
the upgrades being sought for the property. Mr. Hearing gave a presentation and 32
description of the plans. Two waivers were requested: 1) the existing loading zone, which 33
is 10.5 feet wide by 32.5 feet long; Code requires 12 feet wide by 35 feet long and 2) the 34
parking lot, which has 99 spaces; Code requires an additional 24 spaces due to an existing 35
ancillary building. Staff recommends approval of both waivers. Twelve Oaks residents 36
were reassured that the existing 2005 Conditions of Approval against outdoor dining, 37
outdoor music or outdoor speakers would remain in effect. Mr. Hearing stated the hotel is 38
being upgraded to ensure its viability and reiterated the desire to be a good neighbor. Mr. 39
Hearing then offered to answer questions. Mayor Russo inquired if the meeting rooms 40
will be open to the public. Mr. Hearing explained there are 2,500 square feet of meeting 41
rooms that will be available for use. Mayor Russo inquired if there is recourse should 42
parking become an issue. Kara Irwin, Growth Management Administrator, stated if 43
parking becomes an issue Resolution 2, 2008 requires that it be looked at again. Council 44
Member Jablin inquired if weddings could be held in the meeting rooms and it was 45
established that the 2,500-square-foot space would be too small for a large event. Vice 46
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Mayor Levy inquired if there would be other modifications to which Mr. Hearing replied 1
there would not be. 2
Mayor Russo opened the floor to comments from the public. 3
Gree Jones, 11447 Shady Oaks Lane, North Palm Beach stated there have been issues 4
with noise from the hotel. 5
Barry Norton, 11337 Briarwood Place, North Palm Beach, president of the Twelve Oaks 6
Board of Directors expressed his concern that website pictures in the hotel advertising 7
show drinks by the poolside. Mr. Norton noted the website pictures were removed today. 8
Elizabeth Bartram, 11282 Glen Oaks Court, North Palm Beach stated the noise issues and 9
loud drunken behavior at the rear of the hotel. Ms. Bartram said she cannot open her 10
windows at night because of the disturbance coming from the hotel at all hours. 11
Bill Wehrman, 11278 Glen Oaks Court, North Palm Beach stated the area around the bar 12
is where there is deck and the pool is located and is of great concern. The fence is not a 13
buffer because Mr. Wehrman can see the big screen TV at any time. It was also noted 14
that music and speakers outside have been an issue despite numerous calls to the hotel. 15
The outdoor seating and swimming past dusk bans are also being violated. 16
Mayor Russo closed the public hearing and brought the matter back up to Council. Mayor 17
Russo inquired about existing prohibitions. Kara Irwin, Growth Management 18
Administrator, stated the same prohibitions remain, but Code Enforcement will be called 19
if violations occur. Donaldson Hearing stated the applicant is a new owner who does 20
wish to be a good neighbor. The desire is to upgrade and bring in a better grade of 21
personnel. There is no request to modify the Conditions of Approval. Mayor Russo stated 22
he would like to see a better effort on behalf of the residents. Concern that the large 23
screen TV issue be addressed by moving it or installing curtains was expressed. At this 24
time Mayor Russo re-opened the public hearing. 25
Barry Norton, 11337 Briarwood Place, North Palm Beach, president of the Twelve Oaks 26
Board of Directors stated that the petitioner did not show up for a scheduled meeting with 27
the board of directors for December 28, 2007. Mr. Norton received a phone call yesterday 28
requesting a meeting. 29
Mayor Russo closed the public hearing and asked for Donaldson Hearing’s commitment 30
to meet with the homeowners and resolve the issues, to which Mr. Hearing agreed. 31
Council Member Jablin stated his concern that the large screen TV issue be addressed. 32
Vice Mayor Levy asked for Donaldson Hearing’s commitment to have regular meetings 33
to address issues. 34
MOTION 35
Motion made by Council Member Eric Jablin to approve Resolution 2, 2008, seconded 36
by Vice Mayor David Levy and carried by unanimous vote, 4–0. 37
b. Ordinance 1, 2008 – (1st reading) Establishment of the Parcel 5A Community 38
Development District. An Ordinance of the City Council of the City of Palm Beach 39
Gardens, Florida establishing the Parcel 5A Community Development District pursuant 40
to the provisions of Section 190.005, Florida Statutes; designating the powers of the 41
District; and providing an effective date.Mayor Russo opened the public hearing and 42
asked for ex parte communication. Vice Mayor David Levy stated he discussed 43
Ordinance 1, 2008 with John Gary and Thomas DeRita. Council Member Valeche stated 44
he discussed the Ordinance with John Gary and Pete Pimentel. Council Member Jablin 45
stated he talked about Ordinance 1, 2008 with John Gary and a Catalfumo employee, but 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 4
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does not remember his name. Mayor Russo spoke to John Gary on January 2, 2008, but 1
the Ordinance was not discussed. 2
John Gary, representing the owners of Parcels 5A and 5B, stated he believed the intention 3
of the Community Development District is presently misunderstood. He requested a 4
postponement until the first City Council meeting in February (February 7, 2008). 5
Mayor Russo opened the floor to public comments. 6
Louis Satriano requested clarification of the postponement. Mayor Russo explained first 7
reading will be postponed until the February 7, 2008 City Council meeting with second 8
reading at the March 6, 2008 meeting. 9
Mayor Russo closed the floor to public comments. 10
MOTION 11
Motion made by Council Member Eric Jablin to continue Ordinance 1, 2008 to 12
February 7, 2008, seconded by Vice Mayor David Levy and carried by unanimous vote, 13
4–0. 14
c. Ordinance 2, 2008 – (1st reading) Establishment of the Parcel 5B Community 15
Development District. An Ordinance of the City Council of the City of Palm Beach 16
Gardens, Florida establishing the Parcel 5B Community Development District pursuant 17
to the provisions of Section 190.005, Florida Statutes; designating the powers of the 18
District; and providing an effective date. 19
Mayor Russo opened the public hearing and asked for ex parte communication. Vice 20
Mayor David Levy stated his ex parte communication would be the same as Ordinance 1, 21
2008. Council Members were in agreement with Vice Mayor Levy. 22
MOTION 23
Motion made by Council Member Eric Jablin to continue Ordinance 2, 2008 to 24
February 7, 2008, seconded by Vice Mayor David Levy and carried by unanimous vote, 25
4–0. 26
Part II – Non-Quasi-judicial – None. 27
X. RESOLUTIONS 28
a. Resolution 6, 2008 – Purchase of Medtec Ambulances from Ten-8 Fire Equipment, 29
Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 30
approving the purchase of two (2) 2008 Medtec Ambulances, Model AD-170 and two (2) 31
Stryker 6500 Power-Pro Cots from Ten-8 Fire Equipment, Inc., an authorized dealer for 32
Medtec Ambulances in the State of Florida; authorizing the Mayor and City Clerk to 33
execute all documents necessary to effectuate such purchase; and providing an effective 34
date. 35
Mayor Russo opened the public hearing. 36
Fire Chief Pete Bergel explained the vehicles to be purchased through Resolution 6, 2008 37
and the need to replace existing vehicles. Chief Bergel also explained the maintenance 38
schedule that is followed. 39
Council Member Valeche inquired if the purchase is budgeted and it was established that 40
it is. Vice Mayor Levy inquired if 5 years is the normal longevity of this type of vehicle. 41
Chief Bergel explained it is because engine idling time must be included. 42
Mayor Russo closed the public hearing. 43
MOTION 44
Motion made by Council Member Eric Jablin to approve Resolution 6, 2008, seconded 45
by Vice Mayor David Levy and carried by unanimous vote, 4–0. 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 5
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XI. ORDINANCES (For Consideration on First Reading) 1
None. 2
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 3
a. Presentation from NextMedia and Palm Tran of Palm Beach County regarding 4
installation of bus shelters. 5
Angela Wong, Operations Manager, Community Services, explained the agreement 6
between Palm Beach County’s Palm Tran and NextMedia regarding the installation of 7
bus shelters. Municipalities can piggyback from the initial agreement. Angela Wong 8
presented a brief background of bus shelter status in Palm Beach Gardens. Should the 9
City choose to move forward with advertising on bus shelters it would require major 10
changes to Code. No North County municipalities have chosen to go forward with 11
prefabricated bus shelters with advertising at this time. 12
Mayor Russo commented he did not see how money could be justified at this time. 13
Mayor Russo then invited Next Media to give its presentation. 14
Bruce Washburn, NextMedia, gave his presentation. Mr. Washburn explained bus shelter 15
maintenance, choice of location, solar illumination and advertising criteria. The County 16
has elected to pass revenue on to the municipalities. The advantages to the municipalities 17
were described. 18
Council Member Jablin asked for a list of potential sites. Mayor Russo discussed 19
amendment of the sign code. Council Member Valeche inquired about ridership with the 20
City. Council Member Jablin stated he does not care for prefabricated bus shelters and 21
does not see a need for the City. Vice Mayor Levy stated he does not like prefabricated 22
bus shelters either. Mr. Washburn discussed repair of vandalism. Mayor Russo thanked 23
Mr. Washburn for his presentation and suggested pursuing further information from Palm 24
Tran. Mayor Russo expressed the Council’s opposition to the prefabricated bus shelters. 25
Jerry Gawaldo, Palm Tran, assured Council he will work with City staff on obtaining 26
further data. 27
XIII. CITY ATTORNEY REPORT 28
Christine Tatum, City Attorney, announced the lawsuit brought against the City by a 29
Green Market vendor who felt he was being discriminated against was dismissed by a 30
Federal Court judge through a directed verdict. 31
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 6
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XIV. ADJOURNAMENT 1
There being no further business to come before the Council, the meeting was adjourned 2
at 8:31 p.m. 3
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APPROVED: 5
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Joseph R. Russo, Mayor 8
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David Levy, Vice Mayor 12
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Eric Jablin, Council Member 16
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________________________________ 19
Hal R. Valeche, Council Member 20
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________________________________ 23
Jody Barnett, Council Member 24
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Attest: 28
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________________________________ 31
Patricia Snider, CMC 32
City Clerk 33
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Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 35
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 36
All referenced attachments on file in the City Clerk’s office. 37
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 15,2008
Meeting Date: February 7, 2008
Resolution 9,2008
Su bjectlAgenda Item:
Approve an agreement with the Children’s Healthcare Charity, Inc. for the 2008 Honda
Classic PGA Golf Tournament to provide temporary volunteer parking, a Public Safety
Grant for off-duty police and fire personnel and an Operations Support Grant to provide
reimbursement for labor, supervision, materials and supplies for operation of the event.
Ex] Recommendation to APPROVE
1 Recommenc
Reviewed by:
_. -
Submitted by:
Jack Doughney
Community Services
Approved by:
City Manager
tion to DENY
Originating Dept.:
Parks Department
Justin Lucas,
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
Y
[ x I Not required
Costs: $86,000
(Total)
$86,000
Current FY
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
001.0910.572.1410
001.091 0.572.3400
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 9, 2008
Exhibit A: Lease
Agreement
None
Date Prepared: January 15,2008
Meeting Date: February 7, 2008
Resolution 9, 2008
BACKGROUND :
The Honda Classic Golf Tournament is a nationally televised PGA Tour event held
annually in Palm Beach Gardens since 2002. This year’s event will be held February 25
thru March 2, 2008 at PGA National Resort and Spa. Attendance is projected to exceed
80,000 spectators during the tournament week as well as generate an economic impact
of $4.5 million. The event is televised nationally by the Golf Channel with final two
rounds covered by NBC Sports.
In order to produce a professional golf tournament event an inordinate amount of
logistical items must be secured. The City pledges to provide assistance in the form of
a Public Safety Grant for uniformed off-duty police and fire personnel to be on-site
during tournament events; an Operations Support Grant to assist with skilled and
unskilled labor needs, operation supplies and materials to assist in pre-, during and
post-production of the event; and the City agrees to provide PGA National Park
multipurpose field for volunteer parking during the tournament week. The following
Lease Agreement delineates responsibilities for the use of PGA National Park.
In order to receive reimbursement from these grant opportunities the Children’s
Healthcare Charity, Inc. will have to show the need for off-duty police and fire personnel
as well as document that City police and fire personnel were used for these events.
The City will reimburse not to exceed $66,000 for use of these services. The safety and
well-being of residents and visitors is integral to the operation of the event and positive
promotion of our City.
An additional amount not to exceed $20,000 will be available for the Operations Support
Grant which is available to reimburse the Charity for funding of labor and supervisory
personnel needed to operate the event; materials and supplies needed to set up,
operate and clean up following the event. Funding will be released only upon submittal
of required documents as outlined in the Grant Application packet.
The City recognizes the importance of volunteers performing tasks and responsibilities
when operating an event at the professional level. Providing City park space for use as
volunteer parking will assist in producing a quality event for residents and visitors to the
City. Restrictions placed on the Charity will include park areas permissible to use,
beginning and ending dates as well as allowable changes made to the permitted areas.
STAFF RECOMMENDATION: Approve Resolution 9, 2008 as presented
Date Prepared: December 26, 2007
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RESOLUTION 9,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
THE CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE 2008
HONDA CLASSIC PGA GOLF TOURNAMENT TO PROVIDE
TEMPORARY VOLUNTEER PARKING, A PUBLIC SAFETY GRANT
OPERATIONS SUPPORT GRANT TO PROVIDE REIMBURSEMENT
FOR LABOR, SUPERVISION, MATERIALS, AND SUPPLIES FOR
THE OPERATION OF THE EVENT; AND PROVIDING AN
EFFECTIVE DATE.
FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND AN
WHEREAS, the Honda Classic Golf Tournament is a nationally televised six (6)
day event that will draw approximately 80,000 spectators and have a significant
economic impact to the City and Palm Beach County estimated to be in excess of $4.5
million; and
WHEREAS, the proceeds from the Honda Classic will be donated to the
Children’s Healthcare Charity, Inc. (“Charity”) and other local children’s charities; and
WHEREAS, in order to provide professional services, the Charity will be
implementing an Operations Plan for the Honda Classic that meets criteria set forth by
the City; and
WHEREAS, the City Council wishes to encumber a $20,000 grant to the Charity
for implementation of the Operation Plan which will provide the Charity an opportunity to
contract service professionals to replace skilled City staff in event preparation,
operation, and post-event clean-up, and expenses previously purchased and absorbed
by the City for the operation of the Honda Classic will be eligible for reimbursement; and
WHEREAS, in order to provide for the security and safety of spectators and the
public at large, the Charity will be implementing a Public Safety Plan for the Honda
Classic; and
WHEREAS, the City Council wishes to provide a $66,000 grant to the Charity for
implementation of the Public Safety Plan utilizing off-duty City police officers and City
fire department staff to provide for the safety of City residents and those attending the
Golf Tournament,; and
WHEREAS, the Charity has requested that the City lease a portion of the PGA
National Park (“PGA) for a temporary vehicle parking site during the Honda Classic
Golf Tournament to be held at the PGA National Resort and Spa; and
Date Prepared: December 26, 2007
Resolution 9, 2008
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WHEREAS, the City and Charity desire to enter into a Lease Agreement setting
forth the terms and conditions under which the Charity shall lease the property from the
City for the purposes stated above; and
WHEREAS, such agreement has been prepared and is attached hereto; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests 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 an Operations Support Grant to
the Charity in the sum of $20,000 to be used to implement its Operations Plan for the
Honda Classic Golf Tournament, subject to the following conditions:
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Maximum of 20% of eligible grant funding may be used for supervisory staff.
Maximum of $18 per hour payment for supervisory staff and $12 per hour
for labor staff.
Contractual services must be from a City-approved labor provider.
The Service provider must comply with all local, state, and national
regulations in accordance to the Fair Labor Act.
Materials and supplies purchased must be used exclusively for the
operation of the Honda Classic Golf Tournament.
Eligible items include, but are not limited to, securing parking sites and
areas; course set up; distribution of food, water, and supplies; custodial and
janitorial duties; and signage that provide information or benefits to
spectators.
The Charity submits a grant application in accordance with the grant criteria
and deadlines.
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SECTION 3. The City Council hereby approves a Public Safety Grant to the
Charity in the sum of $66,000 to be used to implement its Public Safety Plan for the
Honda Classic Golf Tournament, subject to the following conditions:
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Date Prepared: December 26, 2007
Resolution 9, 2008
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1. All off-duty police and fire personnel retained to implement the Public Safety
Plan shall be City police and fire staff unless the City confirms that off-duty
City police and fire staff are not available to provide such services.
2. Any additional funds necessary to implement the Public Safety Plan in
excess of $66,000 shall be borne by Children’s Healthcare Charity, Inc.
3. The funds shall be available as of March 1, 2008. The City reserves the
right to require the execution of a contract prior to disbursement of any
funds.
4. The $66,000 grant shall be available on an annual basis for as long as the
Golf Tournament is held within the City, subject to annual appropriation and
funding by the City council.
SECTION 4. The City Council hereby approves the Lease Agreement with the
Charity for temporary parking and authorizes the Mayor and City Clerk to execute the
Agreement.
SECTION 5. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: December 26, 2007
Resolution 9, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S U F FIC I E NCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
---
---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\Honda Classic- Reso 9 2008.doc
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Date Prepared: December 26, 2007
Resolution 9, 2008
EXHIBIT A
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 6% day of
2008, by and between the CITY OF PALM BEACH GARDENS, a
and existing under the laws of the State of Florida
HEALTHCARE CHARITY, INC., a Florida not-for-profit
corporation (I‘ C ha r i t y” ) .
WHEREAS, the Charity has requested to lease PGA National Park for a
temporary vehicle parking site during the Honda Classic Golf Tournament to be held at
the PGA National Resort and Spa; and
WHEREAS, the Charity has requested the use of Fire Station 4 for a temporary
will-call pick-up location; and
WHEREAS, the City and Charity desire to enter into a Lease Agreement setting
forth the terms and conditions under which the Charity shall lease the property from the
City for the purposes stated above.
NOW, THEREFORE, in consideration of the rents, covenants, and agreements
hereinafter reserved and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
In consideration of the rents, covenants, and agreements hereafter reserved and
contained on the part of the Charity to be observed and performed, the City leases to
the Charity, and the Charity rents from the City, approximately 12.66 acres of land
known as PGA National Park legally described as follows:
PGA NATIONAL PARK
15-42-42, TH PT OF S % LYG S OF LEXINGTON GREEN COND, ELY OF & ADJ TO
RYDER CUP BLVD AS IN OR 5239, P227 (LESS PB55, P160)
Section 1.02 Length of Term and Effective Date.
This Lease Agreement shall be effective upon the Effective Date as defined
hereinafter. The term of this Agreement and the Charity’s use of the Property shall
commence at 7:OO A.M. on February 25, 2008, and shall cease at 7:OO P.M. on March
2, 2008 (“Term of Lease”). The Term of Lease may be modified or extended with the
mutual consent of the parties.
ARTICLE II
RENT
Section 2.01 Rent.
The Charity shall pay the City rent in the amount of One Dollar ($1.00), payable
within ten (IO) days of the Effective Date of this Lease Agreement.
Section 2.02 Assessments and Personal Property Taxes.
In the event this Lease or the Charity’s use of the Property renders the Property
subject to ad valorem real property taxes or similar impositions imposed by any
government entity, the Charity shall be responsible for and shall pay same before
de I i nq uency .
ARTICLE 111
CONDITIONS OF LEASED PREMISES, ALTERATIONS
The Charity certifies that it has inspected the Property and accepts same “As Is,”
in its existing condition, together with any defects, latent or patent, if any, subject to all
matters of record. The Charity further acknowledges that the City has made no
representations or warranties of any nature whatsoever regarding the Property,
equipment located thereon, or the suitability thereof for the Charity’s intended use. No
repair work or alterations of the Property is required to be done by the City as a
condition of this Agreement.
ARTICLE IV
CONDUCT OF BUSINESS AND USE OF PREMISES
Section 4.01 Use of the Premises.
The Charity shall use and occupy the Property only as a temporary parking site
for motor vehicles in connection with its implementation of the Honda Classic.
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The Charity’s use of the Property is expressly conditioned upon and subject to
the following:
4.01 .I
4.01.2
4.01.3
4.01.4
4.01.5
4.01.6
4.01.7
Section 4.02
The Charity shall have the right to open and secure the site at the
beginning and end of each day of the Honda Classic.
The Charity shall provide the personnel necessary to perform such
functions at its sole cost and expense.
The Charity shall provide off-duty police officers during the term of the
Lease Agreement for security and traffic safety.
The Charity shall provide all personnel necessary to monitor perimeter
gate stacking and parking areas.
The Charity shall establish parking stake lines within the Property and
provide stakes and flagging tape necessary to prevent parking in
inappropriate adjacent areas.
The Charity shall provide shuttle service from the Property to and from
the event site.
At least ten (IO) days prior to the commencement of the Term of Lease,
the Charity shall post a Five Hundred Dollar ($500.00) cash deposit for
trash cleanup which shall be refunded by the City upon completion of
cleanup by the Charity staff to the reasonable satisfaction of the City’s
Community Services Department.
Waste or Nuisance.
The Charity shall not commit or suffer to be committed any waste upon the
Property, commit or permit the maintenance or commission of any nuisance or other act
or thing which may result in damage or depreciation of value of the Property or which
may affect the City’s fee interest in the Property or which results in an unsightly
condition. All refuse is to be removed from the Property at the Charity’s sole cost and
expense, and the Charity shall keep such refuse in proper fireproof containers on the
interior of the Property until removed.
Section 4.03 Government Regulations.
The Charity shall, at the Charity’s sole cost and expense, comply with all
ordinances, laws, statutes, and regulations promulgated thereunder of all county,
municipal, state, federal, and other applicable governmental authorities now in force or
which may hereafter be in force, pertaining to the Charity and its use of the Property or
the Property generally. The Charity shall not use, maintain, store, or dispose of any
contaminants, including, but not limited to, hazardous or toxic substances, chemicals, or
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other agents on the Property or any adjacent land in any manner not permitted by law.
The Charity shall indemnify, defend, and save the City harmless from any and all
penalties, fines, costs, expenses, suits, claims, or damages resulting from the Charity’s
failure to perform its obligations in this Section. This indemnification provision shall
survive the termination or expiration of this Lease Agreement.
Section 4.04 Surrender of Premises.
Upon expiration or termination of this Lease, the Charity shall remove the
Charity’s personal property, removable fixtures, and equipment from the Property and
surrender the Property to the City in good condition and repair.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of the Charity and the City.
The City shall not be obligated or required to make or conduct any maintenance
or repairs whatsoever to the Property. During the term of the Lease, the Charity shall
keep and maintain all portions of the Property in good condition and repair, at the
Charity’s sole cost and expense.
Section 5.02 The City’s Right to Inspect.
The City or City’s agents shall have the right to enter the Property at any time for
the purpose of inspection of the Property and any improvements located thereon. Any
such entry on the Property shall be conducted by the City in a manner calculated to
minimize any interference with or disruption of the Charity’s operations within the
Property.
ARTICLE VI
UTILITIES
If necessary, the Charity shall be solely responsible for all costs and expenses
relating to providing utility services to the Property and shall pay directly to the utility
company or provider of such service all charges and assessments for any utility
services provided, including, but not limited to, water, sewer, gas, electricity, trash
collection, and removal of any other utility used or consumed on the Property.
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ARTICLE VI1
INSURANCE
Section 7.01 Required Coverages.
7.01.1 Workers’ Compensation. During the term of the Agreement, the Charity
shall procure and maintain Workers’ Compensation Insurance covering
all employees with limits meeting all applicable state statutes and federal
laws. This coverage shall include Employers’ Liability with limits meeting
all applicable state statutes and federal laws. This coverage must
extend to any subcontractor that does not have its own Workers’
Compensation and Employers Liability Insurance. Thirty (30) days’
notice of cancellation is required and must be provided to the City via
certified mail.
7.01.2 Commercial and General Liability. During the term of this Agreement,
the Charity shall procure and maintain Commercial General Liability and
Property Damage policies of insurance in amounts of not less than One
Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars
($2,000,000.00) general aggregate with respect to its use of the
Property. The policy shall include coverage for property damage, and
contractual liability specifically insuring the indemnification portion of this
Lease.
Section 7.02 Certificates of Insurance.
The City shall be named as an “additional insured” on all policies relating to this
Lease Agreement and shall be provided with a standard form of certificate of insurance
within ten (IO) days of the Effective Date of this Agreement. Such certificate shall
provide that the City shall be notified at least thirty (30) days prior to any cancellation or
change in coverage. The policy must be endorsed to add property to the policy.
ARTICLE Vlll
IN DEM Nl FlCATlON
The Charity shall indemnify and save the City, its officers, agents, and
employees harmless from any and all claims, liability, losses, and causes of action of
any nature whatsoever which may arise out of or be in any way related to the Charity’s
use of the Property. The Charity shall pay all claims or losses of any nature whatsoever
in connection therewith, including, but not limited to, attorney’s fees and costs to defend
all claims or suits, including appellate fees and costs, and shall pay all costs and
judgments which may issue thereon. The City reserves the right to select its own
counsel in any such proceeding, and all costs and fees associated therewith shall be
the responsibility of the Charity under this indemnification agreement. Compliance with
the foregoing shall not relieve the Charity of any liability or other obligation under this
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Agreement. Further, nothing contained herein is intended nor shall be construed to
waive the City’s sovereign immunity rights or the limitations of liability set forth in
Section 768.28, Florida Statutes. This indemnification provision shall survive the
termination or expiration of this Agreement.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
The Charity shall not assign, mortgage, pledge, or encumber this Agreement in
whole or in part, nor sublet or rent all or any portion of the Property nor grant easements
affecting the Property without prior written consent of the City, which may be granted or
withheld in the City’s absolute discretion.
ARTICLE X
TERM IN AT10 N
Either party may terminate this Lease, for any or no reason, by giving the other
party five (5) days’ written notice of its intent to terminate this Agreement. Upon the
giving of such notice, this Agreement shall expire on the date specified as if that date
had originally been fixed as the expiration date of the Term of Lease.
ARTICLE XI
MISCELLANEOUS
Section 11.01 En ti re Agreement.
This Agreement and Exhibits attached hereto constitute all agreements,
conditions, and understandings between the Charity and the City concerning the
Property. All representations, either oral or written, shall be deemed to be merged into
this Agreement. Except as otherwise provided herein, no subsequent alteration, waiver,
change, or addition to this Agreement shall be binding upon the Charity or the City
unless reduced to writing and signed by them.
Section 11.02 Notices.
Any consents, approvals, and permissions by the parties shall be effective and
valid only if in writing, and any notice by either party to the other shall be in writing and
shall be deemed to be duly given only if mailed prepaid by certified mail return receipt
requested to the following addresses:
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If to the City:
If to the Charity:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attn: City Manager
Children’s Healthcare Charity, Inc.
631 US Highway One
Suite 410
North Palm Beach, FL 33408
Either party hereto may change the address for service of notice required or
permitted hereunder upon ten (IO) days’ prior written notice. All notices given
hereunder shall be effective and deemed to have been duly given only upon receipt by
the party to which notice is being given, said receipt being deemed to have occurred
upon such date as the postal authorities shall show the notice to have been delivered,
refused, or undeliverable, as evidenced by the return receipt.
Section 11.03 Binding Effect.
All of the terms and provisions of this Agreement, whether so expressed or not,
shall be binding upon, inure to the benefit of, and be enforceable by the parties and their
respective legal representatives, successors and permitted assigns.
Section 11.04 Severabi I i ty.
If any part of this Agreement is contrary to, prohibited by, or deemed invalid
under any applicable law or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall
not be invalidated thereby and shall be given full force and effect so far as possible.
Section 11.05 Governing Law and Venue.
This Agreement and all transactions contemplated by this Agreement shall be
governed by, and construed and enforced in accordance with, the laws of the State of
Florida. Venue of all proceedings in connection herewith shall lie exclusively in Palm
Beach County, Florida.
Section 11.06 Headings.
The headings contained in this Agreement are for convenience of reference only
and shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
8
Section 11.07 Effective Date.
The effective date of this Agreement shall be as of the date it has been executed
by both the parties hereto.
Section 11.08 Construction.
The parties acknowledge that each has shared equally in the drafting and
preparation of this Agreement and accordingly, no Court or Administrative Hearing
Officer construing this Agreement shall construe it more strictly against one party than
the other, and every covenant, term, and provision of this Agreement shall be construed
simply according to its fair meaning.
Section 11.09 Recording.
The Charity shall not record this Agreement, or any memorandum or short form
thereof, without written consent and joinder of the City.
Section 11 .I 0 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with proceedings or
counterclaims brought by either party hereto against the other in connection with this
Agreement.
Section 11 .I 1 Waiver, Accord, and Satisfaction.
The waiver by the City of any default of any term, condition, or covenant herein
contained shall be a waiver of such term, condition, or covenant, or any subsequent
default of the same or any other term, condition, or covenant herein contained. The
consent or approval by the City to or any act by the Charity required the City’s consent
or approval shall not be deemed to waive or render unnecessary the City’s consent or
approval of any subsequently similar act by the Charity.
Section 11 .I 2 N on-excl usivi ty of Remedies.
No remedy herein conferred on any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition
to every other remedy given hereunder or now or hereafter existing at law or in equity or
by statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
9
Section 11 .I 3 Attorneys’ Fees.
It is hereby understood and agreed that in the event any lawsuit in the judicial
system, federal or state, is brought to enforce compliance with this Lease Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes,
the non-prevailing party pay to the prevailing party reasonable attorneys’ fees and
costs, including appellate fees and costs.
(The remainder of this page left intentionally blank)
10
IN WITNESS WHEREOF, the parties hereto have set their respective hands and
seals on the day and year first above written.
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:
THE CHILDREN'S HEALTHCARE CHARITY, INC. a
Florida not-foy,profit corporation
BY: -2
ATTEST:
n n I
BY
(SEAL)
G:\attorney-share\AGREEMENTS\Honda Classic Agreement PGA Park-2008.docx
11
0
STATE dF FLORIDA
CIfY01 WBEACH GARDENS
will bring toge&er 150,000 people, fiom near atd
of education and fb~ #Abaca WEmaAs, L faqhk?eb- 16-
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ARTIGRASWEEKEND
all citizens &a cdebmte Art.igms Weeken#
Attes
L.
‘Cf .. i
t Mayor Joseph R Rqe
CITY OF GARDENS
Pu BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, Amanda J. Buckley, a child of the Palm Beach Gardens
aommlunity, an &&e, 4 friend, and a young lady with a ~nnile as big as the sky, ww born on dugust 19,1988, at Go& Samaritan Hospital in West Palm Bearch; ad
Anuu&.was full of life and all those who experienced her warm
80
WHEREAS, Amanda demonstrated great athletic ability as a young girl and
throughout kr dcrys at Palm Becrch Gardens High School and was most pmud of
being on the first Gam#eqs softball ~m to win a State Champwmhip; and
specicrl had touched their lives; and
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WHEREAS, 's passim and love fir sofibaUt culqainukd into a full
I athletic and academic s&obhip Eio Sk Leo University; and '
such as the Big hrt BrigcvcEt; Earth hy, participation in j&ding the ho
St. Edurantds Church, and she contributed her time to the Angel
disaciisuan~ad *-w
deepf~lingofsorrowofdtbetossofsuehclrn~~ycwngw~;can&
?WZREAS, ARUM&# death lust summer left Palm Beach GarWjpith a
PL IN WITNESS -, I hcrw hereunto d w
Beach Gardew Florida, Do be amdon thi. W
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handand cawed the am1 of the a&MP*- '
Ifsou~and Eight 'F . Mayor Joseph R. Russ~
CITY OF PALM BEACH GA DENS
P A - I BEACH COUNTY, FLORIDA
PROCLAMATION
rnrn&;.&rS help to design, constdond maintah t
infrw@wtwe aqd fbdities that contribute to a high quality of lie for all reaidat of
palm ~eactr ~ardeey.d
Becrch Garden's futuregmuth depw I on m&neers
executing innovative, cn@w, highquality solutions to ted&ul problems; and
H?HEm' $he stated purposes of the Florida,Enginmring Sock@
shall be to * the public weljbre and topromote thepmf~ional, social and
eccwPomic interests of the eq@mnng pmf&n and to stimulate and develop
.professional concept8 amongall engkers through educath and inpradtxy and
-9 mbers of the Florida Engineering &hty and
the Florida: Institute McOnSulting Rngiwers are making sttides to interact with the
engheringeducutionsectottopwpam'futureagineersto our economic
leadership and quality .rr;lfLifi
WBW, it is fitting that we mgnize and honor the continuing
c0nt-m of AnericaP en&ers by ~~ing Engineers Week with the motto=
"Engineeringl7lefitctwe$
NOW, Joseph R Rum, Mayor of the City of Palm Beach
tb wedc of February 17-23,2008 National Engineers oardens, Florida, do hereby
Wldr.
ATTEST:
IN mmss WHEREOF, I Ircua he-
set my hand ad ad the Sad of the City
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upps
of Palm €ko& C~N~UDU, FIoMa, to bs
4- thio 7* Lhxy of February, in the war
Tcoo Theumnd and Eigh+
Joseph R- Russo, Mayor
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 13,2007
Meeting Date: February 7,2008
Ordinance: Ordinance 1,2008
Sub i ect/Agenda I tem
Ordinance 1,2008: Parcel 5A (PGA Corporate Park) Community Development District
Consideration for Approval: A request by Peter Pimentel of Special District Services, Inc., on
behalf of Catalfumo Construction (the “Petitioner”), for approval of the establishment of the
Parcel 5A Community Development District for the approximately 79 acre Parcel 5A Planned
Community District (PCD), located at the northeast corner of PGA Boulevard and Interstate 95.
The request is filed pursuant to Section 190.005(2) of the Uniform Community Development
District Act of 1980.
[ ] Recommendation to APPROVE
Christine Tatum, Esq.
City Attorney
Growth Mana
Administrator
Originating Dept.:
Growth Manament:
Project
Manager
Kara L. Irwin
[XI Quasi-Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
Date: N/A
Paper: PB Post
[XI As required by FL
Statute
Affected parties:
/-
[ ]Notified
[XI Not Required
FINANCE:
Costs: $-N/A
Total
$-- N/A-
Current FY
Funding Source:
[ ] Operating
[XI Other N/A
Budget Acct.#:
NA
City Council Action:
[N/A] Approved
[N/A] App. w/ conditions
[N/A] Denied
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ 3 Rec. Denial
[NIA] Continued
to:
Attachments:
FS 190.005, FS
190.011, & FS
190.01 2
Application
Support
Documentation -
Benefits
Ordinance 1,2008
Date Prepared: December 13,2007
Meeting Date: February 7, 2008
Ordinance 1,2008
Page 2 of 6
BACKGROUND
Parcel 5A PCD was approved on December 1, 2005, pursuant to Resolution 166, 2005 (the
“Development Order”), with waivers and conditions of approval. The Parcel 5A PCD was
approved for 240,000 sf of office use, 600,000 sf of light industrial (including 42,000 sf of
ancillary commercial uses) on 17 individual parcels.
THE PARCEL 5A COMMUNITY DEVELOPMENT DISTRICT
The Catalfumo Construction Company, as petitioner, sole landowner, and developer proposes to
establish the “Parcel 5A Community Development District’’ (the “District”) within the Parcel 5A
PCD pursuant to the Uniform Community Development District Act of 1980, Chapter 190,
Florida Statutes (the “Act”). A Community Development District is a local unit of special
purpose government authorized by the Uniform Community Development District Act, Chapter
190, Florida Statutes (“Act”) and organized to plan, finance, construct, operate, and maintain
community-wide infrastructure in planned community developments. The overall purpose of a
CDD provides the developer the ability to fund community infrastructure through the purchase
of tax-free bonds, which the debt of said bonds is paid back by the CDD property owners.
The proposed Ordinance to establish the CDD does not affect the PCD approval. For the City
Council’s information, the Parcel 5A CDD (together with the proposed Parcel 5B CDD) would
be the second and third CDDs established in the City of Palm Beach Gardens.
On December 19, 2002, Ordinance 42, 2002 was approved to establish a Community
Development District for the Old Palm Planned Community Development (PCD). In 2006, the
Southampton Planned Unit Development requested the establishment of their own Community
Development District. However, that petition was denied by the City Council due to concerns
that the District would be an additional tax burden upon future residents. Please note that the
Old Palm and the Southampton petitions were for the establishment of a CDD for a residential
development. The subject petition is for the establishment of a CDD in a commercial
development, and the additional tax burden would be borne by commercial property owners. In
the event that the property owner proposed to include residential uses within the development,
the CDD would have to be amended as well.
PURPOSE OF THE CDD
The Applicant has proposed that the CDD will finance the construction or acquisition of the land
acquisition costs, landscaping, earthwork, and surface water management system improvements.
The CDD will operate and maintain the surface water management system. The water
distribution and wastewater collection and transmission facilities will be built according to
Seacoast Utility Authority (SUA) specifications, operated and maintained by SUA, and
conveyed to SUA once complete.
Pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes, a CDD is a local unit of special purpose government authorized by the Uniform
Date Prepared: December 13,2007
Meeting Date: February 7,2008
Ordinance 1,2008
Page 3 of 6
Community Development District Act, Chapter 190, Florida Statutes and organized to plan,
finance, construct, operate, and maintain community-wide infrastructure in planned
developments.
The authorizing Ordinance and Florida law strictly limit the powers of the District.
important to note the following:
It is
0
In addition to the City’s zoning authority, Parcel 5A PCD property owners would ultimately
be subject to two governing boards (CDD, Property Owner’s Association);
The CDD will not have the power to exercise any zoning or permitting powers;
The City will not be liable for any bond obligations of the CDD, nor for Sunshine Law
Compliance by its Board of Supervisors;
No taxpayer residing or owning property outside of the CDD can or will be taxed by the
District; and
The District will not affect the City’s bonding capacity and millage rate.
GOOD FAITH ESTIMATE
The CDD will finance the construction or acquisition of the initial Public Infrastructure
improvements by issuing unrated special assessment bonds, which will be sold to qualified
institutional investors. The bonds will be amortized over no more than 30 years and the principal
and interest payable will be paid by the CDD from the proceeds of non-ad valorem special
assessments levied by the CDD. The non-ad valorem assessments will be collected annually by
the Palm Beach County Tax Collector or the CDD.
The estimated cost of the infrastructure is $14 million. The applicant is proposing to issue
special assessment bonds for a portion of that $14 million of infrastructure costs. The bonds
would be the responsibility of the property owner.
However, in addition to the levy of non-ad valorem assessments for debt service, the CDD may
also impose further non-ad valorem assessments to fund the operations and maintenance of
the CDD, its facilities, and services.
OPERATION OF THE CDD
Pursuant to the Act, the CDD will be governed by a five-member board of supervisors. The
initial members of the Board are elected by the landowners (principally the applicant) for a
period of six years. Therefore, the control of the Board is maintained by the landowners for the
first six years of CDD establishment. After the sixth year, each board position that comes up for
re-election must be filled by an elector in a general election wherein all electors within the CDD
are entitled to vote. A qualified elector could be a property owner within the CDD.
BENEFITS TO THE CITY
The petitioner has provided justification for the CDD, which has been attached for review.
Date Prepared: December 13, 2007
Meeting Date: February 7, 2008
Ordinance 1,2008
Page 4 of 6
REQUIREMENTS UNDER THE ACT FOR CDD ESTABLISHMENT
Section 190.005, Florida Statutes establishes the following six criteria that the City Council shall
consider in granting or denying a petition to establish a CDD:
1. Whether all statements contained within the petition have been found to be true and
correct.
The petition has been reviewed and found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The establishment of the district is inconsistent with the City’s Comprehensive Plan.
Specijkally, the Economic Development Element and Future Land Use Element policies that
established the Bioscience Research Protection Overlay (BRPO), which provides language
that encourages incentivizing research and development users within the overlay area. The
additional taxing district does not encourage the location of Bioscience users, nor does it
provide the incentive of lowering the cost of development for those users. It is stafs
professional opinion that the CDD is not consistent with the policies of the Comprehensive
Plan relative to the BRPO, which encourages the provision of incentives within the BRPO.
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
The applicant is proposing to create a district within the parameters of the Planned
Community District of Development, which is currently under the ownership of one entity
and under the control of one Property Owner’s Association (POA). Any subdivision of the
property would require a Unity of Control based on requirements within the City’s Land
Development Regulations, so the property has been developed as one functional interrelated
community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
The proposed district is not the only alternative available .for delivering community
development services and-facilities to the area.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
Date Prepared: December 13,2007
Meeting Date: February 7, 2008
Ordinance 1,2008
Page 5 of 6
The proposed district will not be incompatible with the capacity and uses of the existing local
facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
Currently, the proposed district is under ownership of the one entity that is proposing the
district.
Disclosure
To ensure that all prospective land owners and/or tenants within the Parcel 5A PCD are well advised
of the existence, function and powers of the District, the Petitioner agrees to undertake the following
disclosures which extend beyond the requirements of Sections 190.009 and 190.048, Florida Statutes:
Prior to recording the Notice of Establishment within the public records of Palm Beach County, the
Applicant shall submit the Notice to the City for the review and approval of the Growth Management
Administrator and the City Attorney. The Notice and corresponding documents shall include the
fo I lowing :
1.
2.
3.
4.
5.
6.
The Notice of Establishment shall appear in the title chain for all lots within Parcel 5A and will
disclose the establishment and existence of the District;
A Notice of Assessments will also be recorded in the public land records against all property
within Parcel 5A once the assessments have been set by the Board of Supervisors. The Notice of
Assessment shall disclose the amount of the annual assessments applicable to the lotshnits
within Parcel 5A, and shall provide the name, address and telephone number of the District
Manager;
Each prospective initial retail purchaser/renter/lessee will be provided with a brochure along with
the Parcel 5A sales materials disclosing the establishment of the District and the anticipated level
of assessments applicable to properties and units within Parcel 5A;
Each purchase and sale or lease agreement with initial retail purchasers or lessees will include a
specific disclosure addendum outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lotdunits within Parcel 5A;
Each deed of conveyance delivered to the initial retail purchaser within Parcel 5A will
specifically reference the Notice of Establishment recorded in the Land Records of Palm Beach
County, Florida; and
Pursuant to section 190.048, Florida Statues, each purchase and sale agreement with an initial
retail purchaser of property within Parcel 5A will include the following conspicuous disclosure
above the space provided for the purchaser's signature in large boldfaced type:
"THE PARCEL 5A COMMUNITY DEVELOPMENT DISTRICT MAY
IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
Date Prepared: December 13, 2007
Meeting Date: February 7, 2008
Ordinance 1,2008
Page 6 of 6
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES
AND ASSESSMENTS PROVIDED FOR BY LAW."
7. The Declaration of Restrictions for Parcel 5A will include a disclosure of the existence and
function of the District, and will require all property owners within Parcel SA to disclose the
existence and function of the District to subsequent purchasers.
ADDITIONAL POWERS
Florida Statutes 190.012 (2) provides for additional powers which the local government may
grant to the District upon approval of its establishment. These powers to establish and maintain
facilities and services for parks facilities, fire prevention and control, school buildings and
related structures, on-site security, mosquito control, and waste collection and disposal.
However, staff does not feel it is appropriate for a special taxing district to exercise several of the
above referenced powers, and therefore has included a condition within the proposed ordinance
barring the District from exercising powers related to parks and facilities, fire prevention and
control, school buildings and related structures, mosquito control, and waste collection and
disposal,
STAFF ANALYSIS
Currently, the City has one established CDD in a residential community, yet denied an additional
application for a CDD in a smaller residential community due to concerns about placing
additional tax burdens on residential communities. While the existing development does not
include residential uses, the property provides for a large portion of the industrial and office uses
that the City has committed to provide incentives for Bioscience users in the Bioscience
Research Protection Overlay (BRPO). The additional taxing district does not encourage the
location of Bioscience users, nor does it provide the incentive of lowering the cost of
development for those users. It is staffs professional opinion that the CDD is not consistent
with the policies of the Comprehensive Plan relative to the BRPO, which encourages the
provision of incentives within the BRPO.
STAFF RECOMMENDATION
Staff recommends denial of Ordinance 1,2008.
NOTICE OF PUBLIC HEARING CONCERNING THE ESTABLISHMENT
OF THE PARCEL 5A COMMUNITY DEVELOPMENT DISTRICT IN PALM
BEACH GARDENS, FLORIDA BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS.
Notice is hereby given that on January 17, 2008, at 7:OO p.m., or soon thereafter, the
City Council of the City of Palm Beach Gardens (the “Council”), will consider an
ordinance entitled:
ORDINANCE 1,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5A
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO THE
PROVISIONS OF SECTION 190.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
at a public hearing to be held at:
City Hall
10500 North Military Trail
Palm Beach Gardens, Florida 33410
to inform the public about the elements of the petition to form a community development
district in Palm Beach Gardens, Florida. The information presented at this hearing will
be used by the Council in granting or denying the petition (as set forth in Section
190.005(2), Florida Statutes (‘‘F.S.”)), and also to afford the petitioner, affected units of
local government, and the general public a fair and adequate opportunity to appear at
the hearing and present oral and written comments (submitted to the Council at or
before the public hearing) relevant to the creation of the Parcel 5A Community
Development District (the “CDD”). The proposed CDD is located on approximately 87
acres of land located east of Interstate 95, north of PGA Boulevard, and west of
Alternate AI A, as indicated on the map below.
If adopted the ordinance would create a community development district and designate
the land area served. The creation of such a district pursuant to Chapter 190, F.S., is
not a land development authorization or approval. All planning, permitting and other
regulatory requirements pertaining to development within the land area shall be adhered
to pursuant to general or special law or applicable local ordinance.
The CDD is designed to serve the needs of its property owners by financing,
constructing, operating, and maintaining a portion of the infrastructure and community
facilities needed by district property owners, including the surface water management
and control system, water distribution system and wastewater colledion and
transmission facilities, offsite roadway improvements, earthwork, land acquisition, and
offsite landscaping. The CDD will make use of non-ad valorem assessments levied on
all property owners in the district.
The specific legal authority for this action is Sections 100.004 and 190.005, F.S.
For further information, contact Ms. Kara Irwin, Director of Growth Management, 10500
North Military Trail, Palm Beach Gardens, Florida, 33410 at (561) 799-4243. Affeded
units of generapurpose local government and the general public shall be given an
opportunity to appear at the hearing and present oral or written comments on the
petition.
Should any person decide 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 Clerks offce 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).
This notice is published pursuant to the requirements of Chapter l90.005(1)(d), Florida
Statutes.
By: PGA North II of Florida, LLC
Patricia Snider, City Clerk, CMC
Publication Dates: Friday, December 21,2007
Friday, December 28,2007
Friday, January 4,2008
Friday, January 1 1,2008
Statutes & Constitution :View Statutes :->2007XhO 190->Section 005 : flsenate.gov Page 1 of 4
Select Year: 2007 Go
The 2007 Florida Statutes
Title Xlll Chapter 190 View Entire
PLANNING AND COM MU NITY DEVELOPMENT Chapter
DEVELOPMENT DISTRICTS
190.005 Establishment of district. --
(1) The exclusive and uniform method for the establishment of a community development district
with a size of 1,OOO acres or more shall be pursuant to a rule, adopted under chapter 120 by the
Florida Land and Water Adjudicatory Commission, granting a petition for the establishment of a
community development district.
(a) A petition for the establishment of a community development district shall be filed by the
petitioner with the Fbrida Land and Water Adjudicatory Commission. The petition shall contain:
1. A metes and bounds description of the external boundaries of the district. Any real property
within the external boundaries of the district which is to be excluded from the district shall be
specifically described, and the last known address of all owners of such real property shall be
listed. The petition shall also address the impact of the proposed district on any real property
within the external boundaries of the district which is to be excluded from the district.
2. The written consent to the establishment of the district by all landowners whose real property
is to be included in the district or documentation demonstrating that the petitioner has control by
deed, trust agreement, contract, or option of 100 percent of the real property to be included in
the district, and when real property to be included in the district is owned by a governmental
entity and subject to a ground lease as described in s. 190.003(13), the written consent by such
governmental entity.
3. A designation of five persons to be the initial members of the board of supervisors, who shall
serve in that office until replaced by elected members as provided in s. 190.006.
4. The proposed name of the dfstrict.
5. A map of the proposed district showing current major trunk water mains and sewer interceptors
and outfalls if in existence.
6. Based upon available data, the proposed timetable for construction of the district services and
the estimated cost of constructing the proposed services. These estimates shall be submitted in
good faith but shall not be binding and may be subject to change.
7. A designation of the future general distribution, location, and extent of public and private uses
of land proposed for the area within the district by the future land use plan element of the
effective local government comprehensive plan of which all mandatory elements have been
adopted by the applicable general-purpose local government in compliance with the Local
Government Comprehensive Planning and Land Development Regulation Act.
8. A statement of estimated regulatory costs in accordance with the requirements of s. 120.541.
(b) Prior to filing the petition, the petitioner shall:
1. Pay a filing fee of 515,OOO to the county, if located within an unincorporated area, or to the
http ://www. fl senate. gov/Statutes/index . cfrn?p=2&App_mode=Di spl ay-Statute& Searc h-. . . 1 2/ 1 712007
Statutes & Constitution :View Statutes :->2007->ChO 19O->Section 005 : flsenate.gov Page 2 of 4
municipality, if located within an incorporated area, and to each municipality the boundaries of
which are contiguous with, or contain all or a portion of the land within, the external boundaries of
the district.
2. Submit a copy of the petition to the county, if located within an unincorporated area, or to the
municipality, if located within an incorporated area, and to each municipality the boundaries of
which are contiguous with, or contain all or a portion of, the land within the external boundaries of
the district.
3. If land to be included within a district is located partially within the unincorporated area of one
or more counties and partially within a municipality or within two or more municipalities, pay a
$1 5,000 filing fee to each entity. Districts established across county boundaries shall be required to
maintain records, hold meetings and hearings, and publish notices only in the county where the
majority of the acreage within the district lies.
(c) Such county and each such municipality required by law to receive a petition may conduct a
public hearing to consider the relationship of the petition to the factors specified in paragraph (e).
The public hearing shall be concluded within 45 days after the date the petition is filed unless an
extension of time is requested by the petitioner and granted by the county or municipality. The
county or municipality holding such public hearing may by resolution express its support of, or
Objection to the granting of, the petition by the Florida Land and Water Adjudicatory Commission.
A resolution must base any objection to the granting of the petition upon the factors specified in
paragraph (e). Such county or municipality may present its resolution of support or objection at the
Florida Land and Water Adjudkatoty Commission hearing and shall be afforded an opportunity to
present relevant information in support of its resolution.
(d) A Local public hearing on the petition shall be conducted by a hem'ng officer in conformance
with the applicable requirements and procedures of the Administrative Procedure Act. The hearing
shall include oral and written comments on the petition pertinent to the factors specified in
paragraph (e). The hearing shall be held at an accessible location in the county in which the
community development distrkt is to be located. The petitioner shall cause a Mice of the hearing
to be published in a newspaper at least once a week for the 4 successive weeks immediately prior
to the hearing. Such notice shall give the time and place for the hearing, a description of the area
to be included in the district, which description shall include a map showing clearly the area to be
covered by the district, and any other relevant information which the establishing governing bodies
may require. The advertisement shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The advertisement shall be published in a newspaper
of general paid circulation in the county and of general interest and readership in the community,
not one of limited subject matter, pursuant to chapter 50. Whenever possible, the advertisement
shall appear in a newspaper that is published at least 5 days a week, unless the only newspaper in
the community is published fewer than 5 days a week. All affected units of general-purpose local
Qovernment and the general public shall be given an opportunity to appear at the hearing and
present oral or written comments on the petition.
(e) The Florida Land and Water Adjudicatory Commission shall consider the entire record of the
local hearing, the transcript of the hearing, resolutions adopted by local general-purpose
governments as provided in paragraph (c), and the following factors and make a determination to
grant or deny a petition for the establishment of a community development district:
1. Whether all statements contained within the petition have been found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or portion
of the state comprehensive plan or of the effective local government comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
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community.
4. Whether the district is the best alternative available for delivering community development
services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be incompatible
with the capacity and uses of existing local and regional community development services and
facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
(f) The Florida Land and Water Adjudicatory Commission shall not adopt any rule which would
expand, modify, or delete any provision of the uniform community development district charter as
set forth in ss. 190.006-190.041, except as provided in s. 190.012. A rule establishing a community
development district shall only contain the following:
1. A metes and bounds dexription of the external boundaries of the district and any real property
within the external boundaries of the district which is to be excluded.
2. The names of five persons designated to be the initial members of the board of supervisors.
3. The name of the district.
(g) The Florida Land and Water Adjudicatory Commission may adopt rules setting forth its
procedures for considering petitions to establish, expand, modify, or delete uniform community
development districts or portions thereof consistent with the provisions of this section.
(2) The exclusive and uniform method for the establishment of a community development district
of less than 1 ,OOO acres in size shall be pursuant to an ordinance adopted by the county commission
of the county having jurisdiction over the majority of land in the area in which the distrid is to be
Located granting a petition for the establishment of a community development district as follows:
(a) A petition for the establishment of a community development district shall be filed by the
petitioner with the county commission. The petition shall contain the same information as required
in paragraph (l)(a).
(b) A public hearing on the petition shall be conducted by the county commission in accordance
with the requirements and procedures of paragraph (1 )(d).
(c) The county commission shall consider the record of the public hearing and the factors set forth
in paragraph (l)(e) in making its determination to grant or deny a petition for the establishment of
a community development district.
(d) The county commission shall not adopt any ordinance which would expand, modify, or delete
any provision of the uniform community development district charter as set forth in ss. 190.006-
190.041. An ordinance establishing a community development district shall only include the
matters provided for in paragraph (l)(f) unless the commission consents to any of the optional
powers under s. 190.012(2) at the request of the petitioner.
(e) If all of the land in the area for the proposed district is within the tem'torial jurisdiction of a
municipal corporation, then the petition requesting establishment of a community development
district under this act shall be filed by the petitioner with that particular municipal corporation. In
such event, the duties of the county, hereinabove described, in action upon the petition shall be
the duties of the municipal corporation. If any of the land area of a proposed district is within the
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Land area of a municipality, the county commission may not create the district without municipal
approval. If all of the land in the area for the proposed district, even if less ‘than 1 ,ooO acres, is
within the territorial jurisdiction of two or more municipalities, the petition shall be filed with the
Florida Land and Water Adjudicatory Commission and proceed in accordance with subsection (1).
(f) Notwithstanding any other provision of this subsection, within 90 days after a petition for the
establishment of a community development district has been filed pursuant to this subsection, the
governing body of the county or municipal corporation may transfer the petition to the Florida
Land and Water Adjudicatory Commission, which shall make the determination to grant or deny the
petition as provided in subsection (1). A county or municipal corporation shall have no right or
power to grant or deny a petition that has been transferred to the Florida Land and Water
Adjudicatory Commission.
(3) The governing body of any existing special district, created to provide one or more of the
public improvements and community facilities authorized by this act, may petition for
reestablishment of the existing district M a community development district pursuant to this act.
The petition shall contain the information specified in subparagraphs (l)(a)l., 3., 4., 5., 6., and 7.
and shall not require payment of a fee pursuant to paragraph (l)(b). In such case, the new district
so formed shall assume the existing obligations, indebtedness, and guarantees of indebtedness of
the district so subsumed, and the existing distrkt shall be terminated.
HfStov.--s. 2, ch. 80-47; SS. 4, 5, ch. 84-360, S. 28, ch. 85-55; S. 35, ch. 87-224; S. 34, ch. 96-410;
S. 6, ch. 98-146; S. 35, ch. 99-378; S. 34, ch. 2000-364; S. 2, ch. 2007-160.
‘Note. --The word “than’ was inserted by the editors.
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consulted for offici& purposes. Copyright (0 2000-2006 State of florida.
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1
Select Year: 2007 <’
The 2007 Florida Statutes
Go
Title Xlll Chapter 190 View Entire
PLANNING AND COMMUNITY DEVELOPMENT Chapter
DEVELOPMENT DISTRICTS
190.01 1 General powen. --The district shall have, and the board may exercise, the following
powers:
(1) To sue and be sued in the name of the district; to adopt and use a sea\ and authorize the use
of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real
and personal property, or any estate therein; and to make and execute contracts and other
instruments necessary or convenient to the exercise of its powers.
(2) To apply for coverage of its employees under the state retirement system in the same manner
as if such employees were state employees, subject to necessary action by the distrkt to pay
employer contributions into the state retirement fund.
(3) To contract for the services of consultants to perform planning, engineering, legal, or other
appropriate services of a professional nature. Such contracts shall be subject to public bidding or
competitive negotiation requirements as set forth in s. 190.033.
(4) To borrow money and accept gifts; to apply for and use grants or loans of money or other
property from the United States, the state, a unit of local government, or any penon for any
district purposes and enter into agreements required in connection therewith; and to hold, use,
and dispose of such moneys or property for any district purposes in accordance with the terms of
the gift, grant, loan, or agreement relating thereto.
(5) To adopt rules and orders pursuant to the provisions of chapter 120 prescribing the powers,
duties, and functions of the offken of the district; the conduct of the business of the distrkt; the
maintenance of records; and the form of certificates evidencing tax liens and all other documents
and records of the district. The board may also adopt administrative rules with respect to any of
the projects of the dfstrict and define the area to be included therein. The board may ah adopt
resolutions which may be necessary for the conduct of distrkt business.
(6) To maintain an office at such place or places as it may designate within a county in which the
district is located or within the boundaries of a development of regional impact or a florida Quality
Development, or a combination of a development of regional impact and a Florida Quatity
Development, which includes the district, which office must be reasonably accessible to the
landowners. Meetings pursuant to s. 189.417(3) of a district within the boundaries of a
development of regional impact or Florida Quality Development, or a Combination of a
development of regional impact and a Florida Quality Development, may be held at such office.
(7)(a) To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any
public easements, dedications to public use, platted reservations for public purposes, or any
reservations for those purposes authorized by this act and to make use of such easements,
dedications, or reservations for any of the purposes authorized by this act.
(b) When real property in the district is owned by a governmental entity and subject to a ground
lease as described in s. 190L003(13), to collect ground rent from landowners pursuant to a contract
with such governmental entity and to contract with the county tax collector for collection of such
ground rent using the procedures authorized in s. 197.3631, other than the procedures contained in
s. 197.3632.
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I ' '-
Page 2 of 2
(8) To lease as lessor or lessee to or from any person, firm, corporation, association, or body,
public or private, any projects of the type that the district is authorized to undertake and facilities
or property of any nature for the use of the district to carry out any of the purposes authorized by
this act.
(9) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of
indebtedness as hereinafter provided; to levy such tax and special assessmenk as may be
authorized; and to charge, collect, and enforce fees and other user charges.
(IO) To raise, by user charges or fees authorized by resolution of the board, amounts of money
which are necessary for the conduct of the district activities and services and to enforce their
receipt and collection in the manner prescribed by resolution not inconsistent with law.
(I 1 ) To exercise within the district, or beyond the district with prior approval by resolution of the
governing body of the county if the taking will occur in an unincorporated area or with prior
approval by resolution of the governing body of the municipality if the taking will occur within a
municipality, the right and power of eminent domain, pursuant to the provisions of chapters 73 and
74, over any property within the state, except municipal, county, state, and federal property, for
the uses and purposes of the district relating solely to water, sewer, district roads, and water
management, specifically including, without limitation, the power for the taking of easements for
the drainage of the land of one person over and through the land of another.
(12) To cooperate with, or contract wfth, other governmental agencies as may be necessary,
convenient, incidental, or proper in connection with any of the powers, duties, or purposes
authorized by this act.
(1 3) To assess and impose upon lands in the district ad valorem taxes as provided by this act.
(14) To determine, order, levy, impose, collect, and enforce special assessments pursuant to this
act and chapter 170. Such special assessments may, in the discretion of the district, be collected
and enforced pursuant to the provisions of ss. 197.3631, 197.3632, and 197.3635, chapter 170, or
chapter 173.
(1 5) To exercise all of the powers necessary, convenient, incidental, or proper in connection with
any of the powers, duties, or purposes authorized by this act.
(16) To exercise such special powers as may be authorized by this act.
History.--s. 2, ch. 80-407; s. 8, ch. 84-360; s. 46, ch. 89-169; s. 4, ch. 91-308; s. 38, ch. 99-378; s.
1, ch. 2003-39; S. 7, ch. 2007-160.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright (D 2000-2006 State of Florida.
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Select Year: 2007 ',, Go
The 2007 Florida Statutes
Title XI I I Chapter 190 View Entire
PLANNING AND COMMUNITY DEVELOPMENT Chapter
DEVELOPMENT DISTRICTS
190.01 2 Special powers; public improvements and community facilities. --The district shall
have, and the board may exercise, subject to the regulatory jurisdiction and permitting authority
of all applicable governmental bodies, agencies, and special districts having authority with respect
to any area included therein, any or all of the following special powers relating to public
improvements and community facilities authorized by this act:
(1) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain systems, facilities, and basic infrastructures for the following:
(a) Water management and control for the lands within the district and to connect some or any of
such facilities with roads and bridges.
(b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination
thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains
and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway,
or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such
system or sewer system.
(c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin,
excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments,
and to construct any and all of such works and improvements across, through, or over any public
right-of-way, highway, grade, fill, or cut.
(d)l . District roads equal to or exceeding the applicable specifications of the county in which such
district roads are located; roads and improvements to existing public roads that are owned by or
conveyed to the local general-purpose government, the state, or the Federal Government; street
lights; alleys; landscaping; hardscaping; and the undergrounding of electric utility lines. Districts
may request the underground placement of utility lines by the local retail electrk utility provider
in accordance with the utility's tariff on file with the Public Service Commission and may finance
the required contribution.
2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and
related signage.
(e) lnvestigatlon and remediation costs associated with the cleanup of actual or perceived
environmental contamination within the district under the supervision or direction of a competent
governmental authority unless the covered costs benefit any person who is a landowner within the
district and who caused or contributed to the contamination.
(f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any
plant or animal species, and any related interest in real or penonal property.
(g) Any other project within or without the boundaries of a district when a locat government
issued a development order pursuant to s. 380.06 or s. 380.061 approving or expressly requiring the
construction or funding of the project by the district, or when the project is the subject of an
agreement between the district and a governmental entity and is consistent with the local
government comprehensive plan of the local government within which the project is to be located.
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(h) Any other project, facility, or service required by a development approval, interlocal
agreement, zoning condition, or permit issued by a governmental authority with jurisdiction in the
dist ric t.
(2) After the local general-purpose government within the jurisdiction of which a power specified
in this subsection is to be exercised consents to the exercise of such power by the district, the
district shall have the power to plan, establish, acquire, construct or reconstruct, enlarge or
extend, equip, operate, and maintain additional systems and facilities for:
(a) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses.
(b) Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and
other vehicles and equipment.
(c) School buildings and related structures and site improvements, which may be leased, sold, or
donated to the school district, for use in the educational system when authorized by the district
school board.
(d) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-
detection systems, and patrol cars, when authorized by proper governmental agencies; except that
the district may not exercise any police power, but may contract with the appropn'ate local
general-purpose government agencies for an increased level of such services within the district
boundaries.
(e) Control and elimination of mosquitoes and other arthropods of public health importance.
(f) Waste collection and disposal.
(3) To adopt and enforce appropn'ate rules following the procedures of chapter 120, in connection
with the provision of one or more services through its systems and facilities.
(4)(a) To adopt rules necessary for the district to enforce certain deed restrictions pertaining to
the use and operation of real property within the district and outside the district if punuant to an
interlocal agreement under chapter 163. For the purpose of this subsection, 'deed restrictions" are
those covenants, conditions, and restrictions contained in any applicable declarations of covenants
and restrictions that govern the use and operation of real property within the district and, for
which covenants, conditions, and restrictions, there is no homeowners' association or property
owner's association having respective enforcement powers. The district may adopt by rule all or
certain portions of the deed restrictions that:
1. Relate to limitations or prohibitions that apply only to external structures and are deemed by
the district to be generally beneficial for the district's Landowners and for which enforcement by
the district is appropriate, as determined by the district's board of supervisors; or
2. Are consistent with the requirements of a development order or regulatory agency permit.
(b) The board may vote to adopt such rules only when all of the following conditions exist:
1. The district's geographic area contains no homeowners' associations as defined in s. 720.301 (9);
2. The district was in existence on the effective date of this subsection, or is located within a
development that consists of multiple developments of regional impact and a Florida Quality
Development;
3. For residential districts, the majority of the board has been elected by qualified electors
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pursuant to the provisions of s. 190.006; and
4. The declarant in any applicable declarations of covenants and restrktions has provided the
board with a written agreement that such rules may be adopted. A memorandum of the asreement
shall be recorded in the public records.
(c) Within 60 days after such rules take effect, the district shall record a notice of rule adoption
stating generally what rules were adopted and where a copy of the rules may be obtained. Districts
may impose fines for violations of such rules and enforce such rules and fines in circuit court
through injunctive relief.
Hiztov.--s. 2, ch. 80-407; S. 51, ch. 83-217; S. 9, ch. 84-360; S. 47, ch. 89-169; S. 8, ch. 93-51; S.
39, ch. 99-378; S. 15, ch. 2000-317; S. 47, ch. 2000-364; S. 33, ch. 2004-345; S. 30, ch. 2004-353; S.
8, ch. 2007-160.
Disclaimer: The information on this system Is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright Q 2000-2006 State of Florida.
http://www.flsenate.gov/Sta~te~ndex.cfm?p=2&App~mode=Display~Statute&Search~. . . 12/17/2007
PETITION FOR ORDINANCE
FOR
5A Community Development District
May 18,2007
Prepared by
Special District Services, Inc.
The Oaks Center
2501A Bums Road
Palm Beach Gardens, Florida 334 10
Tele: 561-630-4922
Toll Free: 877-737-4922
Fax: 561-630-4923
IN RE: AN ORDINANCE TO ESTABLISH ) 5A COMMUNITY DEVELOPMENT DISTRICT)
PETITION
PGA North I1 of Florida, LLC (“Petitioner”), collectively known hereafter as the “Landowner”,
hereby petition the City of Palm Beach Gardens City Council to establish a Community
Development District (“District”) with respect to the land described herein and in support of the
Petition, Petitioner states:
1. The proposed District is located within the incorporated area of the City of Palm
Beach Gardens, Palm Beach County, Florida. Exhibit 1 depicts the general location of the project.
The proposed District covers approximately 86.94 acres of land. The metes and bounds description
of the external boundaries of the District is set forth in Exhibit 2. There is no real property within
the internal boundaries of the proposed District which is to be excluded from the District except the
roads dedicated to Palm Beach Gardens.
2. Attached to this Petition as Exhibits 3 and made a part hereof is the written consent
to the establishment of the District by the owners of 100% of the real property to be included in the
District.
3. The five persons designated to serve as initial members of the Board of Supervisors
of the proposed District are as follows:
1. Daniel S. Catalfumo 725 Harbor Isles Place N. Palm Beach, F1 33408
2. James E. Jacoby 107 North River Drive East Jupiter, F1 33458
3. Paul Simonson 182 Eastwood Lane P. Bch. Gardens, F1 33410
4. Jeffery Marshall 616 P Street W. Palm Beach, F1 33401
5. Jane Ballard 8490 Whispering Oaks Way W. Palm Beach, F1 3341 1
4. The proposed name of the District to be established is 5A Communitv Development
District (“5A CDD”).
5. There are no existing major trunk water mains, sewer interceptors or outfalls on site.
6. The proposed timetable for the construction of District services and the estimated
cost of constructing the services, based on available data, are shown on Exhibits 4A and 4B. These
are good faith estimates but are not binding on the Petitioner or the District and are subject to
change.
Petition
7. Petitioners are in the process of developing the properties within the District as
mixed use developments containing commercial and retail uses. The proposed uses for the land
included within the proposed District are consistent with the Palm Beach Gardens Comprehensive
Development Master Plan and the Palm Beach Gardens Future Land Use Element. The City Master
Plan and Future Land Use Element designate the land contained within the proposed District for
mixed use and industrial. The future general distribution, location and extent of public and private
uses of land proposed for the area within the District are shown on Exhibit 5.
8. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541, Florida Statutes.
9. Exhibit 7 is a map indicating the boundaries of the 5A Community Development
District.
10. The District is seeking and hereby requests the right to exercise all powers provided
for in Section 190.06 through 190.041, Florida Statutes (except for powers regarding waste disposal
or collection of any waste), Florida Statutes, including the special powers provided by Section
190.0 12, Florida Statutes.
11. The Petitioner is PGA North I1 of Florida, LLC, whose address is 4300 Catalfumo
Way, Palm Beach Gardens, F133410.
12. The property within the proposed District is amenable to operating as an independent
special district for the following reasons:
a. Establishment of the District and all land uses and services planned within
the proposed District are not inconsistent with applicable elements or portions of the effective Palm
Beach Gardens Comprehensive Development Master Plan, as amended.
e
b. The land encompassing the proposed District is of sufficient size and is
sufficiently compact and contiguous.
c. The community development services of the District will be compatible with
the capacity and use of existing local and regional community development services and facilities.
d. The proposed District will be the best alternative available for delivering
community development services to the area to be served because the District provides a
governmental entity for delivering those services and facilities in a manner that does not financially
impact persons residing outside the District and provides a responsible perpetual entity capable of
making reasonable provisions for the operation and maintenance of the District services and
facilities in the future.
Petition
WHEREFORE, Petitioners respectfully requests the Palm Beach Gardens City Council to:
1. Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to
consider the establishment of the 5A Comtnunity Development District.
2. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition
and establishing the SA Community Development District.
Respectfully submitted this / s day of McT ,2007
eneral Partner
Wthe hole Member
~ ~~~
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4A
Exhibit 4B
Exhibit 5
Exhibit 6
Exhibit 7
5A COMMUNITY DEVELOPMENT DISTRICT
EXHIBITS
Location Map
Legal Description
Affidavit of Ownership and Consent-PGA North I1 of Florida, LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public and Private Uses Map
Statement of Estimated Regulatory Costs
Boundary Map of the CDD
Petition
EXHIBIT 1
LOCATION MAP
5A COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 1
EXHIBIT 2
LEGAL DESCRIPTION
5A COMMUNITY DEVELOPMENT DISTRICT
PGA NORTH I1 OF FLORIDA, LLC
Legal Description
All that portion of Section 1, Township 42 South, Range 42 East, and Section 6, Township 42 South,
Range 43 East, Palm Beach County, Florida, lying southerly of Plat No. 4 of the City of Palm Beach
Gardens, as recorded in Plat Book 27, Pages 4 through 6, and also Southerly of the Plat of
Winchester Courts, as recorded in Plat Book 37, Pages 153 through 155, all of the Public Records of
Palm Beach County, Florida; and lying Easterly of the Easterly Right-of-way line of Interstate
Highway 1-95; and lying Northerly of the Northerly limited access Right-of-way line for said
Interstate Highway 1-95 and Northerly of the North Right-of Way line of PGA Boulevard; and lying
Westerly of the Westerly Right-of-way line of the Florida East Coast Railroad.
Less and excepting therefrom the following parcel as identified as parcel 100, as recorded in Official
Records Book 10839, Page 1477, of the Public Records of Palm Beach County, Florida.
Less and excepting therefrom the parcel of land conveyed to the City of Palm Beach Gardens by the
Right-of-way Deed recorded in Official Record Book 17322, Page 184 1, and Official Records Book
18372, Page 1906, of the Public Records of Palm Beach County, Florida.
Containing 86.94 acres, more or less.
Petition - Exhibit 2
EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
SA
COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA 1
COUNTY OF PALM BEACH 1
On this /‘.” day of 2007, personally appeared before me, an oficer duly
authorized to adininister oaths dr;d take acknowledgments, James J. Jacoby, who, after being duly
sworn, deposes and says:
fl.9
1.
2.
3.
4.
5.
Affiant, James E. Jacoby, an individual, is Director of the General Partner of the Sole
Member of PGA North I1 of Florida, LLC. a Florida limited liability company (the
company).
The Company is the owner of the following prescribed property, to wit:
See Exhibit “A” attached hereto (the “Property”)
Affiant, James E. Jacoby, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company including the Petition before the
City of Palin Beach Gardens City Council, to enact an ordinance to establish the 5A
Community Development District (the “Proposed CDD).
The Property represents all of the real property owned by the affiant to be iiicluded in the
Proposed CDD.
Affiant, James E. Jacoby, on behalf on the PGA North II of Florida, LLC as the sole
owner of the Property in the capacity described above, hereby consents to the
establishment of the Proposed CDD.
Subscribed and sworn to before me this fi day of - w?Jf, 2007, by James E.
Jscoby, is the Director of the General Partner of the Sole Meinb of PGA North I1 of Florida,
LLC, a Florida limited liability company, who personally appeared before me, is personally
known or o produced as identification.
Notary Public, State of Florida
My Coinmission Expires:
Pethiin - Exhihit 3D
Exhibit A
Legal Description
PGA NORTH I1 OF FLORIDA, LLC
Legal Description
All that portion of Section 1, Township 42 South, Range 42 East, and Section 6,
Township 42 South, Range 43 East, Palm Beach County, Florida, lying southerly of Plat
No. 4 of the City of Palm Beach Gardens, as recorded in Plat Book 27, Pages 4 through 6,
and also Southerly of the Plat of Winchester Courts, as recorded in Plat Book 37, Pages
153 through 155, all of the Public Records of Palm Beach County, Florida; and lying
Easterly of the Easterly Right-of-way line of Interstate Highway 1-95; and lying
Northerly of the Northerly limited access Right-of- Way line for said Interstate Highway
1-95 and Northerly of the North Right-of Way line of PGA Boulevard; and lying
Westerly of the Westerly Right-of-way line of the Florida East Coast Railroad.
Less and excepting therefrom the following parcel as identified as parcel 100, as recorded
in Official Records Book 10839, Page 1477, of the Public Records of Palm Beach
County, Florida.
Less and excepting therefrom the parcel of land conveyed to the City of Palm Beach
Gardens by the Right-of-way Deed recorded in Official Record Book 17322, Page 1841,
and Official Records Book 18372, Page 1906, of the Public Records of Palm Beach
County, Florida.
Petition ~ Exhibit 3D
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
5A COMMUNITY DEVELOPMENT DISTRICT
Improvement
LAND ACQUISITION
Start Date Completion Date
N/A N/A
EARTHWORK FEB 2006 JUNE 2012
I WATER SUPPLY SYSTEM I JUNE2006 I JUNE2012
SURFACE WATER MANAGEMENT MAY 2006 AUGUST 2012
ROADS AND PAVING AUGUST 2006 JUNE 2012
I LANDSCAPING I NOVEMBER2006 I JUNE 2012
OFFSITES
Petition ~ Exhibit 4A
JUNE 2007 JUNE 2012
EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
5A COMMUNITY DEVELOPMENT DISTRICT
LAND ACQUISITION
Category [ Cost Estimate
I
$ 10,018,800
WASTE WATER SYSTEM
WATER SUPPLY SYSTEM
I EARTHWORK I $ 2.000.000 I
$ 599,497
$ 343,370
SURFACE WATER MANAGEMENT $ 395,665
OFFSITES
LANDSCAPING I $ 360,475
I
$ 300,000*
I TOTAL I $14,017,807
*Petitioners portion of the construction of the intersection improvements of Kyoto
Avenue and Military Trail.
Petition - Exhibit 48
EXHIBIT 5
PUBLIC AND PRIVATE USES MAP
5A COMMUNITY DEVELOPMENT DISTRICT
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libit 5
EXHIBIT 6
5A
COMMUNITY DEVELOPMENT DISTRICT
Statement of Estimated Regulatory Costs
May 18,2007
Prepared by
Special Dktrict Services, Inc.
The Oaks Center
2501A Burn Road
Palm Beach Gardens, Florida 33410
(561) 630-4922-Tele
(877) 737-4922-Toll Free
(561) 630-4923-Fax
Petition-Exhihit 6
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs (“SERC”) supports the petition to
establish the 5A Community Development District (“District”). The District
comprises approximately 86.94 acres of land located in the incorporated area of
the City of Palm Beach Gardens, Palm Beach County, Florida. The limitations on
the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S.
(governing District establishment) as follows:
“That the process of establishing such a district pursuant to
uniform general law shall be fair and based only on factors
material to Manager and financing the service delivery function of
the district, so that any matter concerning permitting or planning of
the development is not material or relevant (emphasis added).”
1.2 Overview of 5A Community Development District
The District is designed to provide district infrastructure, services, and facilities
along with their operations and maintenance to multiple planned mixed use
developments within the boundaries of the district.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (1997), defines the elements a statement of estimated
regulatory costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types
of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to comply
with the requirements of the ordinance. As used in this paragraph, “transactional
costs” are direct costs that are readily ascertainable based upon standard business
practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed
in complying with the rule, additional operating costs incurred, and the cost of
monitoring and reporting.
Petition-Exhibit 6
2.0
3.0
3.1
(d) An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as defined
by Section 120.52, F.S. Palm Beach Gardens is not defined as a small City for
purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed ordinance.
“Note: the references to “rule” in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an “ordinance” under section
190.005(2) (a), Florida Statutes.”
A good faith estimate of the number of individuals and entities likely to be
required to comply with the ordinance, together with a general description of
the types of individuals likely to be affected by the ordinance.
The 5A Community Development District serves land that comprises a 86.94 acre
commercial and retail development. The owners and tenants that may occupy the
District will be individuals and other retail related businesses.
A good faith estimate of the cost to the agency, and to any other state and
local government entities, of implementing and enforcing the proposed rule,
and any anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project that is
anticipated to effect state or local revenues.
Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is establishment of a local special
purpose government, there will be no enforcing responsibilities of any other
government entity, but there will be various implementing responsibilities which
are identified with their costs herein.
Petition-Exhibit 6
State Governmental Entities
There will be only modest costs to various State governmental entities to
implement and enforce the proposed establishment of the District. The District as
established on the proposed land, will encompass under 1,000 acres, therefore,
Palm Beach Gardens is the establishing entity under 190.005(2), F.S. The modest
costs to various State entities to implement and enforce the proposed ordinance
relate strictly to the receipt and processing of various reports that the District is
required to file with the State and its various entities. Appendix A lists the
reporting requirements. The costs to those State agencies that will receive and
process the District’s reports are very small, because the District is only one of
many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.4 12, F.S., the District must
pay an annual fee to the State of Florida Department of Community Affairs which
offsets such costs.
Palm Beach Gardens
There will be only modest costs to the City for a number of reasons. First, review
of the petition to establish the District does not include analysis of the project
itself. Second, the petition itself provides much of the information needed for a
staff review. Third, the City already possesses the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required to
review the petition. Finally, the City routinely process similar petitions though
for entirely different subjects, for land uses and zoning changes that are far more
complex than is the petition to establish a community development district.
The annual costs to the City of Palm Beach Gardens because of the establishment
of the District are also very small. The District is an independent unit of local
government. The only annual costs the City faces are the minimal costs of
receiving and reviewing the various reports that the District is required to provide
to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local
revenues. The District is an independent unit of local government. It is designed
to provide infrastructure facilities and services to serve the development project
and it has its own sources of revenue. No state or local subsidies are required or
expected.
In this regard it is important to note that any debt obligations incurred by the
District to construct its infrastructure, or for any other reason, are not debts of the
State of Florida or any other of local government. In accordance with State law,
debts of the District are strictly its own responsibility.
Petition-Exhibit 6
4.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities required to comply with the requirements of the
ordinance.
Category
LAND ACQUISITION
EARTHWORK
WASTE WATER SYSTEM
WATER SUPPLY SYSTEM
SURFACE WATER MANAGEMENT
OFFSITES
LANDSCAPING
TOTAL COSTS
Table 1 provides an outline of the various facilities and services the proposed
District may provide.
Table 1
5A Community Development District
Proposed Facilities and Services
Cost Estimate
$1 0,OI 8,800
$ 2,000,000
$ 599,497
$ 343,370
$ 395,665
$ 300,000*
$ 360,475
$14,017,807
*Seacoast =Seacoast Utilities
**County= Palm Beach County
The petitioner has estimated the costs for providing the capital facilities outlined
in Table 1. The cost estimates are shown in Table 2 below. Total costs for those
facilities, which may be provided, are estimated to be approximately $14.0 17.8 17.
The District may issue special assessment bonds to fund the costs of these
facilities. These bonds would be repaid through non ad valorem special
assessments levied on all properties in the District.
Table 2
5A Community Development District
Cost Estimate for District Facilities
*Petitioners portion of the construction of the intersection improvements of Kyoto
Avenue and Military Trail.
Petition-Exhibit 6
Prospective future landowners in the District may be required to pay non-ad
valorem assessments levied by the District to secure the debt incurred through
bond issuance. In addition to the levy of non ad valorem special assessments by
various names for debt service, the District may also impose a non-ad valorem
assessment to fund the operations and maintenance of the District and its facilities
and services.
Furthermore, locating in the District by new property owners is completely
voluntary. So, ultimately, all owners and users of the affected property choose to
accept the non ad valorem special assessments by various names and user fees as
a tradeoff for the benefits and facilities that the District provides. A Community
Development District (“CDD”) provides property owners with the option of
having higher levels of facilities and services financed through self-imposed
revenue. The District is an alternative means to manage necessary development
services with related financing powers. District management is no more
expensive, and often less expensive, than the alternatives of a municipal service
taxing unit (MSTU), a property association, City provision, or through developer
equity and/or bank loans.
In considering these costs it shall be noted that owners of the lands to be included
within the District will receive three major classes of benefits.
First, landowners in the District will receive a higher long-term sustained level of
public services and amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services and
amenities will be completed concurrently with development of lands within the
District. This satisfies the revised growth management legislation, and it assures
that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the
provision of facilities, services and improvements to these lands.
Third, a CDD is the sole form of governance which allows District landowners,
through landowner voting, to determine the type, quality and expense of District
services they receive, provided they meet the City’s overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for
the District to provide infrastructure services and facilities. Instead, it is the
incremental costs above what the landowners would have paid to install
infrastructure via an alternative management mechanism. Given the low cost of
capital for a CDD, the cost impact to landowners is negligible. This incremental
cost of the high quality infrastructure provided by the District is likely to be fairly
low.
Petition-Exhibit 6
Table 3
Improvement
LAND ACQUISITION
EARTHWORK
WASTE WATER SYSTEM
5A Community Development District
Estimated Construction Timetable For District Facilities
Completion Date
nla
JUNE 2012
FEBRUARY 201 2
WATER SUPPLY SYSTEM
SURFACE WATER MANAGEMENT
LANDSCAPING
FEBRUARY 201 2
AUGUST 201 2
DECEMBER 201 2
5.0 An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as
defined by Section 120.52, F.S.
There will be no impact on small businesses because of the establishment of the
District. Palm Beach Gardens has an estimated population in 2006 that is greater
than 10,000; therefore the City is not defined as a “small” City according to
Section 120.52, F.S, and there will accordingly be no impact on a small City
because of the formation of the District.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of regulatory
costs and benefits. Inputs were received from the Petitioner’s Engineer and other
professionals associated with the Petitioner.
************
Petition-Exhibit 6
REPORT
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUTE DUE DATE
CITATION
Annual Financial Audit 11.45
Annual Financial Report 2 18.32
TRIM Compliance Report 2005.068
Form 1 : Statement of Financial 112.3 145
Public Facilities Report 189.415
Public Meetings Schedule 189.417
Bond Report 218.38
Registered Agent 189.416
Proposed Budget 189.4 18
Public Depositor Report 280.17
within 45 days of audit completion, but
no later than 12 months after end of
fiscal year
within 45 days of financial audit
completion, but no later than 12
months after end of fiscal year; if no
audit required, by 4/30
no later than 30 days following the
adoption of the property tax levy
ordinance/resolution (if levying
property taxes)
within 30 days of accepting interest the
appointment, then every year thereafter
by 7/1 (by “local officers” appointed to
special district’s board); during the
qualifLing period, then every year
thereafter by 7/1 (by “local officers”
elected to special district’s board)
within one year of special district’s
creation; then annual notice of any
changes; and updated report every 5
years, 12 months prior to submission
of local government’s evaluation and
appraisal report
quarterly, semiannually, or annually
when issued
within 30 days after first meeting of
governing board
prior to end of current fiscal year
annually by 1 1/30
Petition-Exhihh 6
EXHIBIT 7
DISTRICT BOUNDARY MAP
5A COMMUNITY DEVELOPMENT DISTRICT
Exhibit 7
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Tab I
Tab II
Benefits to the City of Palm Beach Gardens
Benefits to Land Buyers
Legislative Intent - Chapter 190, F.S. Tab III
Tab IV
Tab V Minimum Disclosure Requirement
Legislative Intent - Chapter 189, F.S.
Tab VI April 12, 2006 Miami-Dade County Study of Community
Development Districts
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BENEFITS TO THE CITY OF PALM BEACH GARDENS
BY THE FORMATION OF
COMMUNITY DEVELOPMENT DISTRICTS
First, the primary areas that flood during storm events are in developments
where privately owned drainage systems are under the jurisdiction of
property owners associations. Maintenance of the drainage system is often
included in the contract of a management company that has the primary
objective of addressing the aesthetics of the development and has little
knowledge or expertise in storm water management. In many
developments where the drainage systems have been deeded to the
property owners associations, there is no management company and the
responsibility of maintenance of the drainage system is vested in a board of
directors made up of land owners in the development. In this case, it is
highly unlikely that the residents have any knowledge whatsoever of storm
water management. Further, research indicates that property owners
associations are primarily focused on aesthetic issues (i.e. landscape
maintenance, architectural review, violations of property owners
documents, etc.) and the only concern for the drainage system will often
develop only after the damage has been done.
The dedication of storm water management systems to community
development districts is a perfect alternative to this dilemma. First, it is a
governmental entity that has the authority to levy assessments against
those who benefit from the services it provides. This assures access to
maintenance funds. Second, the Florida Statutes (Chapter 190) that allows
for the creation of community development districts mandates the
engagement of a professional district manager who, according the Chapter
190, “shall have charge and supervision of the works of the district and
shall be responsible for preserving and maintaining any improvement or
facility.. ..” of the district. While this does not guarantee that CDD-owned
storm water management systems operate properly, it certainly provides a
strong foundation for proper management.
To further support the creation of community development districts,
Chapter 189.41 5(2), Florida Statutes that requires all special districts
(including any community development districts within the incorporated
area of the City) to prepare and file a public facilities report with the City. A
public facilities report must provide, among other things, a description of
the public facilities owned or operated by the CDD. This report is to be
updated every five years and annual notices of changes are required. The
five year updates are due within twelve months of the due
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Benefits to the City of Palm Beach Gardens
Page 2 of 2
date of the City's evaluation and appraisal report and may be used and
relied upon by the City in the preparation and revisions of the City's
Comprehensive Plan. There is no such requirement for property
owners associations.
Also in support of community development districts is the fact that CDDs
are eligible to participate in the State of Florida Mutual Aid Program.
This program (provided by the State Department of Community Affairs)
provides the opportunity for local governments (including community
development districts) to enter into mutual aid agreements with the State of
Florida for mutual assistance during emergencies. Under this program, a
CDD may request assistance from any participating agency (including the
State of Florida) when a major catastrophic event occurs. Most major
disasters that occur in this area overwhelm the storm water management
systems that are not designed to deal with such events; therefore, these
mutual aid agreements allow state and local governments to respond as a
team to deal with the situation. This program is not available to private
property owners associations.
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BENEFITS TO LAND BUYERS
BY THE FORMATION OF A
COMMUNITY DEVELOPMENT DISTRICT
First, most developers begin their due diligence of a project by examining
its financial potential. If a CDD is contemplated, the developer factors the
amount of the CDD financing into the bottom line to establish the project’s
profit margin. If the CDD is not created and the financing does not occur,
the developer will need to re-evaluate the financial plan and most likely
adjust the price of the property upward. A CDD offers the developer the
opportunity to be more competitive in the marketplace by providing either a
lower product or a comparably priced product with more amenities than
would be feasible without a CDD.
A second benefit has to do with the land buyer’s ability to qualify for a
mortgage. If a CDD is created and the public infrastructure is financed
through CDD tax exempt financing, the land buyer does not have to qualify
for the cost of the CDD-financed public infrastructure. This is because the
CDD-financed amount is not included in the private mortgaged amount;
rather, it is included in the estimated amount of the taxes that the land
buyer will be expected to pay annually.
A third benefit to a land buyer is that most, if not all CDDs structure the
financing so that a land buyer can pay off the CDD debt at any time.
However, it probably is not advantageous for a land buyer do so because
the CDD debt runs with the land, so when a land buyer sells the property,
there is no requirement to pay of the CDD debt. Therefore, the land buyer
only pays for that portion of the public infrastructure while they own the
property. Without a CDD, the total cost of the public infrastructure would
be included in the price of the property.
A fourth benefit to a land buyer is the fact that tax exempt financing costs
are lower than the costs of conventional financing. Even though in today’s
market the differential is not as great as it has been, during the life of the
CDD debt, and as interest rates go up, this differential could be substantial.
The CDD’s annual debt service payments are fixed at closing and remain
the same throughout the life of the bond issue. Incidentally, CDDs are
the only governmental entities that are required by law to disclose
their special assessments to prospective land buyers in advance, and
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Benefits to Land Buyers
Page 2 of 2
CDDs are able to disclose exactly the annual amount of special
assessments that will be levied against a property. This disclosure
provides a prospective land buyer with the opportunity to choose, or not to
choose, to buy into a development that is within a community development
district. The specific quotation from Chapter 190.048 of the Florida
Statutes reads as follows:
"190.048 Sale of real estate within a district; required disclosure to
purchaser.--Subsequent to the establishment of a district under this
chapter, each contract for the initial sale of a parcel of real property and
each contract for the initial sale of a residential unit within the district shall
include, immediately prior to the space reserved in the contract for the
signature of the purchaser, the following disclosure statement in boldfaced
and conspicuous type which is larger than the type in the remaining text of
the contract: "THE (Name of District) COMMUNITY DEVELOPMENT
DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE
TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION,
AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
**************
Florida Statutes Chapter 190
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190.002 Legislative findings, policies, and intent.--
(1) The Legislature finds that:
(a) There is a need for uniform, focused, and fair procedures in state law to provide a reasonable
alternative for the establishment, power, operation, and duration of independent districts to manage and
finance basic community development services; and that, based upon a proper and fair determination of
applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and
economic way to deliver these basic services, thereby providing a solution to the state's planning,
management, and financing needs for delivery of capital infrastructure in order to service projected
growth without overburdening other governments and their taxpayers.
(b) It is in the public interest that any independent special district created pursuant to state law not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their elected and appointed
officials.
(c) It is in the public interest that long-range planning, management, and financing and long-term
maintenance, upkeep, and operation of basic services for community development districts be under one
coordinated entity.
(2) It is the policy of this state:
(a) That the needless and indiscriminate proliferation, duplication, and fragmentation of local general-
purpose government services by independent districts is not in the public interest.
(b) That independent districts are a legitimate alternative method available for use by the private and
public sectors, as authorized by state law, to manage and finance basic services for community
developments.
(c) That the exercise by any independent district of its powers as set forth by uniform general law comply
with all applicable governmental laws, rules, regulations, and policies governing planning and permitting
of the development to be serviced by the district, to ensure that neither the establishment nor operation
of such district is a development order under chapter 380 and that the district so established does not
have any zoning or permitting powers governing development.
(d) That the process of establishing such a district pursuant to uniform general law be fair and based only
on factors material to managing and financing the service delivery function of the district, so that any
matter concerning permitting or planning of the development is not material or relevant.
(3) It is the legislative intent and purpose, based upon, and consistent with, its findings of fact and
declarations of policy, to authorize a uniform procedure by general law to establish an independent
special district as an alternative method to manage and finance basic services for community
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development. It is further the legislative intent and purpose to provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent district. It is further
the purpose and intent of the Legislature that a district created under this chapter not have or exercise
any zoning or development permitting power, that the establishment of the independent community
development district as provided in this act not be a development order within the meaning of chapter
380, and that all applicable planning and permitting laws, rules, regulations, and policies control the
development of the land to be serviced by the district. It is further the purpose and intent of the
Legislature that no debt or obligation of a district constitute a burden on any Local general-purpose
government without its consent.
Florida Statutes Chapter 189
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189.402 Statement of leqislative purpose and intent.--
(1) It is the intent of the Legislature through the adoption of this chapter to provide general provisions for
the definition, creation, and operation of special districts. It is the specific intent of the Legislature that
dependent special districts shall be created at the prerogative of the counties and municipalities and that
independent special districts shall only be created by legislative authorization as provided herein.
(2) It is the intent of the Legislature through the adoption of this chapter to have one centralized location
for all legislation governing special districts and to:
(a) Improve the enforcement of statutes currently in place that help ensure the accountabiiity of special
districts to state and Local governments.
(b) Improve communication and coordination between state agencies with respect to required special
district reporting and state monitoring.
(c) Improve communication and coordination between special districts and other local entities with
respect to ad valorem taxation, non-ad valorem assessment collection, special district elections, and local
government comprehensive p laming,
(d) Move toward greater uniformity in special district elections and non-ad valorem assessment collection
procedures at the local level without hampering the efficiency and effectiveness of the current
procedures.
(e) Clarify special district definitions and creation methods in order to ensure consistent application of
those definitions and creation methods across all levels of government.
(f) Specify in general law the essential components of any new type of special district.
(8) Specify in general law the essential components of a charter for a new special district.
(h) Encourage the creation of municipal service taxing units and municipal service benefit units for
providing municipal services in unincorporated areas of each county.
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(a) There is a need for uniform, focused, and fair procedures in state law to provide a reasonable
alternative for the establishment, powers, operation, and duration of independent special districts to
manage and finance basic capital infrastructure, facilities, and services; and that, based upon a proper
and fair determination of applicable facts, an independent special district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
means of solving the state's planning, management, and financing needs for delivery of capital
infrastructure, facilities, and services in order to provide for projected growth without overburdening
other governments and their taxpayers.
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(b) It is in the public interest that any independent special district created pursuant to state law not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their elected and appointed
officials.
(c) It is in the public interest that long-range planning, management, and financing and long-term
maintenance, upkeep, and operation of basic services by independent special districts be uniform.
(4) It is the policy of this state:
(a) That independent special districts are a legitimate alternative method available for use by the private
and public sectors, as authorized by state law, to manage, own, operate, construct, and finance basic
capital infrastructure, facilities, and services.
(b) That the exercise by any independent special district of its powers, as set forth by uniform general
law comply with all applicable governmental comprehensive planning laws, rules, and regulations.
(5) It is the legislative intent and purpose, based upon, and consistent with, its findings of fact and
declarations of policy, to authorize a uniform procedure by general law to create an independent special
district as an alternative method to manage and finance basic capital infrastructure, facilities, and
services. It is further the legislative intent and purpose to provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent special district.
(6) The Legislature finds that special districts serve a necessary and useful function by providing services
to residents and property in the state. The Legislature finds further that special districts operate to serve
a public purpose and that this is best secured by certain minimum standards of accountability designed to
inform the public and appropriate general-purpose local governments of the status and activities of special
districts. It is the intent of the Legislature that this public trust be secured by requiring each independent
special district in the state to register and report its financial and other activities. The Legislature further
finds that failure of an independent special district to comply with the minimum disclosure requirements
set forth in this chapter may result in action against officers of such district board.
(7) Realizing that special districts are created to serve special purposes, the Legislature intends through
the adoption of this chapter that special districts cooperate and coordinate their activities with the units
of general-purpose local government in which they are located. The reporting requirements set forth in
this chapter shall be the minimum level of cooperation necessary to provide services to the citizens of this
state in an efficient and equitable fashion.
(8) The Legislature finds and declares that:
(a) Growth and development issues transcend the boundaries and responsibilities of individual units of
government, and often no single unit of government can plan or implement policies to deal with these
issues without affecting other units of government.
(b) The provision of capital infrastructure, facilities, and services for the preservation and enhancement
of the quality of life of the people of this state may require the creation of multicounty and
rnultijurisdictionaI districts.
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Minimum Disclosure Requirements
190.048 Sale of real estate within a district; required disclosure to purchaser.--
Subsequent to the establishment of a district under this chapter, each contract for the
initial sale of a parcel of real property and each contract for the initial sale of a residential
unit within the district shall include, immediately prior to the space reserved in the
contract for the signature of the purchaser, the following disclosure statement in
boldfaced and conspicuous type which is larger than the type in the remaining text of the
contract: "THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT
MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND
ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND
OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL
OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
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.-km& Memorandum man
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Date:
To:
From:
Subject:
April 12,2006
Honorable Chairman Bruno A. Barreiro
and Members, Internal Management and Fiscal
Responsibility ,.
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IMFR
Agenda Item No. 7C
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Community Development Districts (CDD) Report
At the February 16, 2006, Internal Management and Fiscal Responsibility (IMFR) committee meeting,
Commissioner Moss requested a report concerning the impact of Community Development Districts (CDD)
on affordable housing and developable land. Previously, Commissioner Jordan requested that a workshop
be conducted regarding CDD's; however, after speaking to the Commissioner's Office, it was decided that
a report would be sufficient. Recently, you requested an analysis on how COD'S are processed in Broward
County and how CDD's affect median housing costs in Broward County compared to Miami-Dade County.
The Public Works Department (FWD) worked in conjunction with Professor Sukumar Ganapati from Florida
International University (Flu) in developing this report.
The attached report provides information regarding the purpose for the creation of CDD's, growth trends
and the impact of CDD's on housing, land development, sales, etc. By way of background, the first CDD
created on March 27, 1998, was Beacon Tradeport, a commercial development. The first residential CDD
in the County was Century Parc, a multifamily development located near Flagler Street and NW 87th
Avenue, created on June 5, 2001. Currently, there are 41 CDDs In Miami-Dade County; three (3) are
commercial, nine (9) are single-family, 12 are multifamily and 17 are mixed single and multifamily. The
residential developments comprise approximately 10,257 single-family homes and 20,597
townhouse/condominium units, with an additional 700 rental apartment units.
The creation of CDD's in the County continues to grow. Between 2003 and 2005, thirty (30) residential and
two (2) commercial CDDs have been created. Thus far in 2006, one (1) CDD has been created. Currently,
PWD has seven (7) new CDD applications and one (1) request to amend an existing CDD waiting to be
processed. As a result of the Board's action on February 21, 2006, all applications are currently on hold.
At the February 21, 2006, Board of County Commissioners (Board) meeting, the Board requested specific
information concerning the administrative and maintenance assessments that can be imposed by a CDD
Board of Directors. The current average annual assessments, including debt service, for residentiaf
properties in the County range from $981 to $1,437 for townhouselcondominium units and $1,165 to
$1,322, for a single family home. These assessments are, in most cases, collected through the combined
tax bill through an interlocal agreement with the tax collector and the CDD Board and as such, are subject
to lien and tax collection methods in the same manner as ad valorem taxes.
/
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Honorable Chairman Bruno A. Barrerio
and Members, Internal Management and Fiscal Responsibility
Page 2
As it pertains to the specific impacts of CDD’s on affordable housing, developable land and the creation
process in, and impact of, CDD’s on Broward County’s median housing prices compared to Miami-Dade,
please be advised as follows:
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0 PWD analyzed the 2005 median purchase price of 10 CDD’s and the results are as follows: in
three (3) of the CDO’s, the price is greater by an average of $21,496 and in five (5) other CDD’s,
it is lower by an average of $33,124, when compared to non-CDD developments. Two (2) other
CDD’s analyzed, Century Parc at $4,000 lower, and Pentathlon, at $134,460 higher, were
excluded from the average as they would skew the averages. Only Century Parc and South
Dade Venture are lower than the $225,000 workforce housing figure provided by the Dade
County’s Housing Agency. New housing prices in Miami-Dade County, CDD or non-CDD, do
not fall within the definition of affordable housing as defined by the Department of Planning and
Zoning at 21/2 times the median income for a family of four (4), or $115,875. Please note that
this research is unrefined, since factors such as upgrades and additional amenities li.e.
swimming pools) could increase the sale price of similarhousing units as much as $30,000 to
$50,000.
The impact of further CDD creation on the remaining developable land in the County will be
substantial if current trends continue. Approximately 47% of vacant land developed from 1998
through 2005 has been through the creation of CDD’s. Publicly held developable vacant land
has increased from 7.1% (2,717 acres) in 1998, to 12.5% (3,205 acres) in 2005, a 5.4%
increase in public consumption of available vacant land. If these trends continue, CDD
developments will constitute a greater share of the developed land in the future.
Miami-Dade County governance structure is unique due to our Home Rule Charter; as such,
only the Miami-Dade County Board of County Commission (BCC) may create a CDD. In
Broward County, CDD’s are created by the various municipalities. In both Counties, CDD
petitions are submitted pursuant to F.S. Chapter 190 and must contain information required by
this statute. Restrictions may be imposed prior to CDD creation by the enabling body. In
Miami-Dade, we have stringent public noticing and assessment disclosure requirements,
Broward does not. In all cases, once a CDD is created, it is legally an independent special
district in which the creating body has limited control, except for those regarding permitting and
zoning regulations, among others.
Public Works and Property Appraiser staff contacted Broward County officials and requested information
concerning the median-price of CDD housing compared to non-CDD housing. They have not yet obtained
this information; therefore, it will be provided at a later date, if available, once it is received.
Finally, I wish to state that CDD’s achieve the goals and intent of F.S. Chapter 190. That intent is clearly
defined in 190.002(a), which stipulates that there is a need for “the establishment, power, operation, and
duration of independent districts to manage and finance basic community development services” and that
CDD’s can thereby provide “a solution to the state’s planning, management, and financing needs for
ructure in order to service projected growth without overburdening other
nd their taxpayers.”
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IMPACT OF COMMUNIW DEVELOPMENT DISTR/CTS
IN MIAMI-DAD€ COlJNrY, FLORIDA
Submitted By The
Public Works Department
March 2006
The information contained in this report has been developed and compiled by the
Miami-Dade County Public Works Department in conjunction with faculty of
Florida International University, Broward County Government Officials and the
following Miami-Dade County Departments:
0 Property Appraisal
Planning and Zoning
0 Miami-Dade Housing Agency
In addition, the following consulting firms contributed to the report:
0 Wrathell, Hart, Hunt and Associates, LLC
0 Hopping Green Sams & Smith, P.A.
District Services, Inc.
0 Billing, Cochran, Heath, Lyles, Mauro, and Anderson, P.A.
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INTRODUCTION TO COMMUNITY DEVELOPMENT DISTRICTS (COO1
Community Development Districts (CDD) in Miami-Dade County (County) are forms of
local government created by the Miami-Dade County Board of County Commissioners
(BCC) pursuant to Article VIII, Section 6 of the amendment to Florida’s Constitution, and
pursuant to the County’s Home Rule Charter, to provide a specific service or services to
a defined area. The size of the CDD must be less than 1,000 acres.
CDD’s are special-purpose governments, given that the law authorizes a District to
provide only those services that are specifically defined in their enabling legislation. The
required content of CDD petitions are specified by F.S. 190.005 and include good faith
construction and financing cost estimates, real property legal description of boundary,
maps and locations of existing infrastructure and the names of the appointed five-
member CDD Board, among other requirements. The exclusive charter for a CDD shall
be the uniform CDD district charter set forth in F.S. 190.06-190.041, including the
special powers provided by 190.01 2.
The initial purpose for the creation of CDD’s was to provide the private and public
sectors an alternative methodology to manage and finance basic community services as
Florida’s population expanded through the early 1970’s. The State addressed growth
issues in 1975 with the New Communities Act, codified as Chapter 163, Part IV, Florida
Statutes. This act created the first independent special districts for community
developments until it was replaced by the Uniform Community Development Act of 1980,
codified as Chapter 190, Florida Statutes, which now govern CDD’s throughout the State
of Florida. The act defined the need for uniform, focused and fair procedures in state
law for a reasonable alternative to local general-purpose government for the
establishment, power, operation and duration of independent districts to manage and
finance basic community development services.
The intent of the legislation was to establish a growth management tool, which ensured
that growth “paid” for growth and provided an incentive for planned community
developments. F.S. Chapter 190 dictates the general and special powers available to
CDD’s and the establishing entity can reserve the right to grant or restrict any of the
special powers. Furthermore, CDD’s provide a solution to the State’s planning,
management and financing needs for delivery of capital infrastructure in order to service
projected growth, without overburdening other governments and their taxpayers.
Currently, there are more than 380 CDD’s located throughout the State of Florida,
including 41 in Miami-Dade County.
CDD’s frequently complement and/or substitute the service delivery capabilities of
general-purpose governments in new developments. CDD’s may finance, fund, plan,
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and
maintain the following basic infrastructure:
Water Management & Control
0 Water Supply
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0 Bridges & Culverts
0 Roads & Street Lights
Sewer & Wastewater Management (reclamation and reuse)
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Public Transportation Facilities & Equipment
Parking Improvements & Related Signage
a Consetvation & Mitigation Areas
0 Wildlife Habitats
Other Improvements as Permitted by the Creating Body
After obtaining approval from a general-purpose local government with jurisdiction over
the area, the District may provide the following additional functions:
Parks and Recreational Facilities
Cultural Facilities
Educational Facilities
Fire Prevention & Control
School Buildings & Related Structures
Securiiy
Mosquito Control
Waste Collection & Disposat.
INTENDED BENEFITS OF CDD’S
CDD’s and general-purpose local governments, such as Counties and Cities have
compatible interests. CDD’s are intended to supplement Counties and Cities in areas
where the primary governments cannot, or will not, provide infrastructure and services to
a particular area. A CDD’s authority may be restricted by the creating entity prior to
creation. Once created, however, general-purpose local government may not impose
restrictions. The County Commission currently restricts water-use and sewage rights,
along with noticing requirements at point of sale, and dictates the creation of a dormant
multipurpose maintenance special taxing district, available to perform maintenance
services in the event of a CDDs failure. The City of Dorai and the City of Miami
Gardens both further restrict CDDs by reserving the right to seat two (2) of the initial
five-member CDD Board for those Districts requiring their approval.
Local government CDD benefits include:
0 Districts allow local governments to concentrate on providing infrastructure and
services to their existing residents, thereby preventing the dilution of scarce
resources. Districts release general-purpose local government cash flow for
other purposes. No additional capital or maintenance costs are borne by existing
citizens according to the “growth pays for growth” policy of the State-by using
CDDs.
Increased taxable values due to the development and improvement of CDD
lands benefit all constituents of general-purpose local government. New
landowners/residents pay taxes, fees, charges, etc., which offset the financial
burden on existing residents of local government.
Districts frequently assume responsibility for protecting conservation areas;
provide onsite recreation and maintenance levels matched to property owner
standards and willingness to pay.
Provide the County with a single, public entity responsible in perpetuity for the
capital, operations and maintenance within the area of a District. A CDD
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consolidates the delivery of community infrastructure and services under a single
entity and simplifies interaction between local government and the District.
District borrowing and debt levels do not count against local government’s
millage caps, nor can the debt or obligation of a CDD constitute a burden on the
County/CQ. However, In terms of the overall creditworthiness of the County,
CDD debt service will likely have a negative impact long-term as it absorbs
available bond credit.
All CDD business is conducted “in the sunshine” and a statutory formula moves
CDD governance from landowner to resident control.
Local government‘s costs pertaining to the District establishment are offset by a
$15,000 filing fee for each petition. There is a minimal annual cost related to the
receipt of documents that CDD’s are required to submit to the proper jurisdiction.
The Public Works Departments’ Special Taxing District Division maintains these
records.
The County Tax Coilector, through an lnterlocal Agreement, may collect District
assessments for the CDD with the costs of collection defrayed through fees
charged to the Districts.
CDD’s are not exempt from zoning, land use, planning and permitting rules and
policies and County provision of police and fire emergency services.
Landowner and resident CDD benefits include:
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Created as governmental agencies - Districts are governmental agencies with all
benefits of a public entity.
Operate not-for-profit -- Districts provide services to tandowners/residents at their
own cost.
Accountable to residents -- Districts are accountable to landowners/residents as
their boards are initially elected by the landowners and eventually elected by the
qualified electors of the District. They operate in the open according to the
Sunshine and Public Records Law.
Protect residents from failure by the developer -- Districts provide infrastructure
and community services even if the developer fails.
Protect residents who pay from those that do not -- with foreclosure powers for
nonpayment of assessments, residentsflandowners who do not pay do not
negatively impact those who do.
Ensure that residents only pay for the amount of benefit they receive for as long
as they receive it -- residents/landowners pay only for the infrastructure and
services that they receive within the District during the time they own a property
within the CDD.
Provide for operation and maintenance functions on an indefinite basis -- the
District operates as long as there is a need for its services and
residents/landowners are willing to fund it.
Provide for an orderly transition after the developer vacates - as the District
constructs, operates and maintains community infrastructure, there are no
problems with a transition after the developer leaves.
Offer amenities and benefits not usually found in typical developments -- Districts
can afford to provide amenities and services that would be prohibitive for a
developer of a conventional community, such as a golf course built and operated
by the CDD.
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Provide a cost-effective mechanism to provide community and su bdivision-level
infrastructure - low-cost financing and the ability to finance over the long-term
provide for affordable and highquality improvements on a Districtwide basis, as
well as at the subdivision level.
Long-term District financing matches the useful life of infrastructure assets -- by
utilizing 20 and 30-year financing, the District can spread the cost of
improvements over a longer period than that provided with conventional
financing, minimizing annual landownerhsident payments.
Provide permanent organizational and financing structure for continual operation
and maintenance of District facilities and improvements as well as the eventual
replacemenffrenewal of infrastructure as needed.
CDD’s operating as governmental entities can provide a higher and more
consistent level of service than homeowners’ associations.
Districts empfoy professional managers and engineers who are in charge of
Infrastructure provision, operation, upkeep and eventual replacement.
As governmental entities, CDD’s are eligible to participate in the State of Florida
Mutual Aid Program and upon the execution of a proper Interlocal Agreement,
may request emergency aid from other governments.
Public infrastructure costs of Districts are purportedly not included in the initial
purchase prlce, but rather spread over the life of the bonds, thereby lowering the
amount of the mortgage a prospective resident may need to qualify for.
Creation of a CDD does not preclude the formation of a Homeowners
Association (HOA). An HOA is compatible with a CDD because it cannot issue
bonds for major improvements, but can often provide maintenance of common
areas better than the CDD, as well as enforce uniform property maintenance and
appearances.
Developer CDD benefits include:
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Funding community improvements - a developer does not have to use its own or
borrowed funds to build infrastructure. Financial resources can then be
dedicated to actual unit construction and sales efforts.
The flexibility of using long-term and/or short term financing -- the devetoper can
use any combination of long and short-term indebtedness to structure
assessments according to specific market conditions. Allow for flexibility in
project staging - financing can be issued in multiple series to coincide with
stages of construction.
Provide tax-exempt, low cost financing - as a government entity, the District can
issue tax-exempt bonds which result in lower financing costs than conventional
financing mechanisms.
Are easily marketable to the investor community - investors regard district bonds
as attractive alternatives in the government indebtedness market, resulting in
reasonably high demand for and low interest rates on the district bonds.
Infrastructure costs are passed on to the landowner as assessments -- the
developer does not have to include its significant infrastructure costs in the price
of improved lots resulting in significant marketing advantages.
Constitute contingent liability for the developer - special assessments are
reported on the Developer balance sheet as contingent liability.
“Growth pays for growth” -- additional infrastructure required by new growth is
paid for entirely by the new growth and not existing residents and/or landowners.
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Relieves the developer from most aspects of landowner relations -- the District
constructs and operates infrastructure and provides customer service functions.
Provides for the operation and maintenance functions on an indefinite basis - the
developer does not have to be concerned with the operation and maintenance of
infrastructure after It has been turned over to the District. Residents can be
assured of sufficient services after the developer vacates as the District will
remain.
Olstricts can acquire infrastructure from the Developer -- infrastructure can be
constructed by the developer and subsequently acquired by the District even if it
was constructed prior to the creation of the District.
Developer maintains control through the Board of Supervisors -- the
developerAnitial landowner can control actions of the District by having its
representatives appointed to the Board of Directors for a six-year term or until
250 electors live there.
PERCEIVED NEGATIVE CHARACTERESTICS OF CDD'S
General-purpose local government is ceding certain authority to CDD's.
CDD bond issues may impact perceptions of bond raters in terms of overall debt.
Burdening of CDD homeowners with long-term infrastructure debt.
Initial control of CDD Board by developers' appointees may lead to financial
abuse. Future residents must live with financial decisions made by developers'
Board.
The housing purchase price does not reflect developer savings for cost of
infrastructure. - Residents feel misinformed as to the nature and authority of CDD communities.
IMPACT OF CDD'S ON COUNN RESIDENTIAL LAND DEVELOPMENT
There are currently 38 residential and three (3) commercial CDD's in the County
(Exhibits A and Al). Jhirty-seven residential CDDs, less one created in 2006, cover
approximately 4,427 acres, or 47% of the 9,473 formerly vacant residential acres
developed since 1998. It is interesting to note that the amount of publicly held
developable vacant land has increased from 7.1% (2,717 acres) in 1998, to 12.5%
(3,205 acres) in 2005 (Exhibits E and el). If these development trends continue, CDD's
will constitute a larger share of the remaining available land in the future. CDD's per
Commission Districts are shown on Exhibit C.
The number of housing units provided, or proposed, by CDD's in the County are 10,257
single-family homes, 20,597 Townhomes and 700 rental apartments (Exhibit D). The
number of housing units provided by non-CDD developments in the County since 1998
is approximately 68,682 units. CDDs represent approximately 45% of the total non-
rental housing provided or proposed since 1998. Information on the total number of
rental units is unavailable at this time.
We have taken a sampling of 10 CDD's that are at, or near build-out, and compared
them to similar non-CDD developments in the same geographical area of the County.
Developments were segregated and compared by the year they were sold given that
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prices in a subdivision typically increase as the development nears build-out. It must be
noted that a comparison performed on lot and house size, proximity and sales year, wilt
not account for the amenities and upgrades that can represent a substantial price
increase for the same model from the same developer. These additional costs can be
as much as $30,000 to $50,000. The price comparisons below are necessarily based on
an unrefined research model but will provide a general overview.
How do CDD home purchase prices compare to the ''regula? housing market?
WVD analyzed the 2005 median purchase price of 10 CDD's and the results are as
follows -- in three (3) of the CDD's, the price is greater by an average of $21,496 and in
five (5) other CDD's, it is lower by an average of $33,124, when compared to non-CDD
developments. Two (2) other CDD's analyzed, Century Parc at $4,000 lower, and
Pentathlon, at $134,460 higher, were excluded from the average as they would skew the
averages (See Exhibits E and E4).
Have the creation of CDD's kept the prices of housing down?
Yes. Compared to the purchase price of a non-CDD home, the median purchase price
in 2005 of a home in a CDD was lower in seven (7) of the 10 developments analyzed by
an average savings of $43,440 over a non-CDD home. A better gauge however, is the
$33,124 savings when the two (2) extreme cases are excluded from the average.
Have CDD developments made home-buying more affordabfe?
Generally no. Of the CDD's considered, only Century Parc at $171,000, and South
Dade Venture at $1 87,058, were below the $225,000 workforce housing price quoted by
Dade's Housing Agency. New housing prices in Miami-Dade County, CDD or non-CDD,
do not fall within the definition of affordable housing as defined by the Department of
Planning and Zoning ai 2112 times the median income for a family of four (4), or
$1 15,875 (See Exhibit E).
A necessary factor when determining affordability is the CDD assessments that
residents are required to pay. CDD developers in the County are required to provide
and record a Declaration of Restrictive Covenant in the Public Record in which they
itemize and guarantee (within 5% and under threat of penalty) the first three (3) years of
CDD assessments (Exhibit F). Additionally, assessments for any homeowners
association (HOA), will be added to that figure. Developments with an HOA in addition
to a CDD can be desirable. HOAs can enforce covenants and provide better routine
maintenance of common areas, oftentimes at a better price than a CDD, because the
administration of an HOA is usually voluntary, as opposed to the administrative fees paid
to a professional manager to run the CDD.
The current average annual assessments, including debt service, for residential
properties in the County range from $981 to $1,437 for townhouse/condominium units
and $1,165 to $1,322, for a single family home. These assessments are, in most cases,
collected through the combined tax bill through an interlocal agreement with the tax
collector and the CDD Board and as such, are subject to llen and tax collection methods
in the same manner as ad valorem taxes.
CONCLUStON
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Community Development Districts achieve the goals and intent of F.S. Chapter 190.
That intent is clearly defined in 190.002(a), which stipulates that there is a need for "the
establishment, power, operation, and duration of independent districts to manage and
finance basic community development services" and that CDDs can thereby provide "a
solution to the state's planning, management, and financing needs for delivery of capital
infrastructure in order to service projected growth without overburdening other
governments and their taxpayers." There is no reference to cost of housing or issues of
fairness to purchasers in the statute. Particularly in Miami-Dade, as a Home Rule
Charter County, local general-purpose government can impose restrictions prior to any
CDD creation that will allow for some measure of consumer protection and local control.
Several cities have made requirements for their representatives to be on any CDD Board
within their municipal boundary. The County has imposed a stringent noticing
requirement on CDO developers. There are other restrictions that may be imposed after
consulting with the County Attorney's Office that will ensure that CDD developments will
work in the best interests of their residents. CDD's are also useful in developed areas
since they can be used to refurbish existing aged infrastructure. Lastly, as our research
indicates, most CDD housing is generally priced less than other developments.
It is therefore recommended that the Board of County Commissioners continue to
consider creation of new Community Development Districts as a way to finance
continued growth and economic development in the County.
Attachments: Exhibits A through F
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EXHIBIT E
COMPARISION OF CDD SALES 2002-05
I MEDIAN I
CONVENTIONAL.
PENTATHLON
SOUTH DADE VENTURE
TRAILS AT MONTEREY
1- 8- S 2005 375,237 345,000
CENTURY PARC 2005 171,000 175,000
ISLANDS AT DORAL 2005 365,000 347,500
KENDALL 2005 291,750 275,000
PENTATHLON 2005 237,990 372,450
SAUSALITO BAY 2005 298,837 31 0,000
SOUTH OADE VENTURE 2005 187.058 214,943
TRAILS AT MONTEREY 2005 376,500 425,000
TREE ISLAND 2005 332,500 388,673
VENETIAN ISLES 2005 320,000 342,000
EXHIBIT €1
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Exhibit F
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Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, FL 33410
Direct 561.630.4922
Toll Free 877.737.4922
Fax 561.630.4923
www.sdsinc.org
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ORDINANCE 1,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5A
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO THE
PROVISIONS OF SECTION 190.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 190, Florida Statutes, provides an alternative method to
finance and manage basic services for community development; and
WHEREAS, in accordance with Chapter 190, Florida Statutes, PGA North II of
Florida, LLC (“Petitioner”) petitioned the City for the establishment of the Parcel 5A
C o m m u n it y D eve1 o p m en t D i s t r i c t (IL D i s t r i ct” ) ; and
WHEREAS, after proper public notice, the City Council conducted a public
hearing pursuant to Section 190.005(l)(d), Florida Statutes, and in accordance
therewith makes the following findings of fact:
1.
2.
3.
4.
5.
6.
The petition is complete in that it meets the requirements of Section
190.005(1 )(a), Florida Statutes, and all statements contained within the
petition are true and correct.
The establishment of the District is not inconsistent with any applicable
element or portion of the City’s Comprehensive Plan.
The area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated com mun i ty .
The establishment of the District is the best alternative available for
delivering the community development services and facilities to the area
that will be served by the District.
The proposed services and facilities to be provided by the District will be
compatible with the capacity and uses of existing local and regional
community development services and facilities.
The area that will be served by the District is amenable to separate special-
district government.
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: December 13,2007
Date Prepared: December 13, 2007
Ordinance 1, 2008
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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 petition to establish the Parcel 5A Community Development
District over the following described real property which was filed by PGA North II of
Florida, LLC, and which petition is on file at the Growth Management Department, is
hereby granted. The name of the District shall be the “Parcel 5A Community
D eve I op men t D i strict . ”
LEGAL DESCRIPTION
ALL THAT PORTION OF SECTION 1 , TOWNSHIP 42 SOUTH, RANGE 42 EAST, AND
SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO
SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT
BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 95; AND LYING NORTHERLY OF THE
NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE
HIGHWAY 95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA
BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICIAL RECORDS BOOK 10839, PAGE
1477, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLO RI DA.
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 78.35 ACRES, MORE OR LESS.
SECTION 3. The external boundaries of the District shall be as depicted on the
location map attached hereto and incorporated herein as Exhibit “A.” The City agrees
that the District may undertake projects outside District boundaries that are required by
development approvals and permits applicable to land within the District boundaries. In
furtherance thereof, the developer of the land within the District may assign its
obligations under such development approvals and permits to the District, subject to
consent requirements by the agency issuing the said development approvals and
permits.
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Date Prepared: December 13, 2007
Ordinance 1, 2008
SECTION 4. The initial members of the Board of Supervisors shall be as
follows:
Daniel S. Catalfumo
James E. Jacoby
Paul Simonson
Jeffrey Marshall
Jane Ballard
SECTION 5. The District is created for the purposes set forth in Chapter 190,
Florida Statutes.
SECTION 6. The Parcel 5A Community Development District shall have, and
the Board may exercise, subject to the regulatory jurisdiction and permitting authority of
all applicable governmental bodies, agencies, and special districts having authority with
respect to any area included therein, all general powers authorized pursuant to Section
190.01 1, Florida Statutes, and only those special powers described in Section
190.012(1) which are set forth below, and hereby find that it is in the public interest of all
citizens of the City to grant such general and special powers:
1. To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge
or extend, equip, operate, and maintain systems, facilities, and basic
infrastructure for the following:
a. Water management and control for the lands within the District and to
connect some or any of such facilities with roads and bridges.
b. Water supply, sewer, and wastewater management, reclamation, and
reuse, or any combination thereof, and to construct and operate
connecting intercepting or outlet sewers and sewer mains and pipes
and water mains, conduits, or pipelines in, along, and under any street,
alley, highway, or other public place or ways, and to dispose of any
effluent, residue, or other byproducts of such system or sewer system.
c. Bridges or culverts that may be needed across any drain, ditch, canal,
floodway, holding basin, excavation, public highway, tract, grade, fill, or
cut, and roadways over levees and embankments, and to construct
any and all of such works and improvements across, through, or over
any public right-of-way, highway, grade, fill, or cut.
3
Date Prepared: December 13, 2007
Ordinance 1, 2008
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d.
(1 ) District roads equal to or exceeding the applicable specifications
of the county in which such district roads are located; roads and
improvements to existing public roads that are owned by or
conveyed to the local general-purpose government, the state, or
the Federal Government; street lights; alleys; landscaping;
hardscaping; and the undergrounding of electric utility lines.
(2) Buses, trolleys, transit shelters, ridesharing facilities and services,
parking improvements, and related signage.
e. Investigation and remediation costs associated with the cleanup of
actual or perceived environmental contamination within the district
under the supervision or direction of a competent governmental
authority unless the covered costs benefit any person who is a
landowner within the District and who caused or contributed to the
contamination.
f. Conservation areas, mitigation areas, and wildlife habitat, including the
maintenance of any plant or animal species, and any related interest in
real or personal property.
2. To adopt and enforce appropriate rules following the procedures of Chapter
120, Florida Statutes, in connection with the provision of one or more
services through its systems and facilities.
SECTION 7. The Parcel 5B Community Development District shall not have,
and the Board may not exercise, any of the following powers set forth below:
1. Plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and facilities for:
a. Parks and facilities for indoor and outdoor recreational, cultural, and
educational uses.
b. Fire prevention and control, including fire stations, water mains and
plugs, fire trucks, and other vehicles and equipment.
c. School buildings and related structures, which may be leased, sold, or
donated to the school district, for use in the educational system when
authorized by the district school board.
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Date Prepared: December 13, 2007
Ordinance 1, 2008
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d. Security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion-detection systems, and patrol cars, when
authorized by proper governmental agencies; except that the District
may not exercise any police power, but may contract with the
appropriate local general-purpose government agencies for an
increased level of such services within the District boundaries.
e. Control and elimination of mosquitoes and other arthropods of public
health importance.
f. Waste collection and disposal.
SECTION 8. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter
for the Parcel 5A Community Development District shall be Sections 190.006 through
190.041, Florida Statutes.
SECTION 9. This Ordinance is made subject to strict compliance by the Parcel
5A Community Development District with the disclosure requirements of Sections
190.048 and 190.0485, Florida Statutes. In addition to the statutory requirements, the
Petitioner shall:
1. Prior to recording the Notice of Establishment within the public records of
Palm Beach County, the Applicant shall submit the Notice to the City for the
review and approval of the Growth Management Administrator and the City
Attorney. The Notice and corresponding documents shall include the
following:
a.
b.
C.
The Notice of Establishment shall appear in the title chain for all lots
within Parcel 5A and will disclose the establishment and existence of
the District.
A Notice of Assessments will also be recorded in the public land
records against all property within Parcel 5A once the assessments
have been set by the Board of Supervisors. The Notice of Assessment
shall disclose the amount of the annual assessments applicable to the
lotdunits within Parcel 5A, and shall provide the name, address, and
telephone number of the District Manager.
Each prospective initial retail purchaser/renter/lessee will be provided
with a brochure along with the Parcel 5A sales materials disclosing the
establishment of the District and the anticipated level of assessments
applicable to properties and units within Parcel 5A.
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Date Prepared: December 13, 2007
Ordinance 1, 2008
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d.
e.
f.
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Each purchase and sale or lease agreement with initial retail
purchasers or lessees will include a specific disclosure addendum
outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lots/units within Parcel
5A.
Each deed of conveyance delivered to the initial retail purchaser within
Parcel 5A will specifically reference the Notice of Establishment
recorded in the Land Records of Palm Beach County, Florida.
Pursuant to Section 190.048, Florida Statutes, each purchase and sale
agreement with an initial retail purchaser of property within Parcel 5A
will include the following conspicuous disclosure above the space
provided for the purchaser's signature in large boldfaced type:
"THE PARCEL 5A COMMUNITY DEVELOPMENT DISTRICT
MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
THESE TAXES AND ASSESSMENTS PAY FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE
COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES
OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES
AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND
OTHER LOCAL GOVERNMENTAL TAXES AND
ASSESSMENTS AND ALL OTHER TAXES AND
ASSESSMENTS PROVIDED FOR BY LAW."
The Declaration of Restrictions for Parcel 5A will include a disclosure
of the existence and function of the District, and will require all property
owners within Parcel 5A to disclose the existence and function of the
District to subsequent purchasers.
34 SECTION IO. This Ordinance shall become effective immediately upon
35 adoption.
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Date Prepared: December 13, 2007
Ordinance 1, 2008
PASSED this day of , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\CDD - Parcel 5A - Ord 1 2008 -final.doc
7
AGAINST ABSENT
EXHIBIT “A”
Date Prepared: December 13, 2007
Ordinance 1, 2008
EXHIBIT 1
LOCATION MAP
5A COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 1
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 13,2007
Meeting Date: February 7,2008
Ordinance: Ordinance 2,2008
SubidAPenda Item
Ordinance 2,2008: Parcel 5B (PGA Design Center) Community Development District
First Reading: A request by Peter Pimentel of Special District Services, Inc., on behalf of
Catalfbmo Construction, for approval of the establishment of the Parcel 5B Community
Development District for the approximately 30 acre Parcel 5B Planned Unit Development
(PUD), located at the southeast corner of PGA Boulevard and RCA Boulevard. The request is
filed pursuant to Section 190.005(2) of the Uniform Community Development District Act of
1980.
[ ] Recommendation to APPROVE
tl Recommendation to DENY
&viewed by: I OriginatingDept.:
3rowth Manag
Idministrator &
cars Irwin, AICP.
M Quasi-Judicial
[ ] Legislative
[ ] PublicHearing
Advertised:
Date: N/A
Paper PB Post
[XlhreqUiredbYm.
StaWteS
[ ]Notified
M Not Rquhd
FINANCE:
Costs: $-N/A
Total
Funding Source:
r loperating
[XJOtha NIA
Budget Acct.#:
NA
City Council Action:
WAI Approved
W/A] App. w/ conditions
m/A] Denied
[ ] Rec. app. w/ con&.
[ ]Rec.Denial
W/A] Continued
to:
Attachments:
0 FS190.005,FS
190.011, & FS
190.012
0 Application
1Rec.approval
support
Documentation -
Benefits
0 Ordinance2,2008
Date prebared: December 13.2007
Meeting Date: February 7,2008
ordinance 2,2008
Page 2 of 7
BACKGROUND
On December 16, 2004, the City Council approved Resolution 216, 2004 (the “Development
Order”), with waivers and conditions of approval, thereby approving the development order for
the subject property referred to as the “RCA Center Planned Unit Development7’ (PUD) (the
“Project”). On May 4, 2006 the City Council approved Resolution 26,2006 to amend the PUD
to modify certain conditions of approval to allow a reallocation of uses, revisions to certain
building elevations and footprints, to add a parking structure, and other minor site and landscape
modifications.
In addition, the applicant has been approved for three administrative amendments to the
Development Order to revise Building #9 and the square footages of other buildings, to allow
modifications to the site plan to accommodate a potential future Tri-Rail site, and other minor
site and landscape modifications.
THE PARCEL 5B COMMUNITY DEVELOPMENT DISTRICT
The Catalfbmo Construction Company proposes to establish the “Parcel 5B Community
Development District” within the Parcel 5B PUD pursuant to the Uniform Community
Development District Act of 1980, Chapter 190, Florida Statutes. A CDD is a local unit of
special purpose government authorized by the Uniform Community Development District Act,
Chapter 190, Florida Statutes and organized to plan, finance, construct, operate, and maintain
community-wide infrastructure in planned developments. The overall purpose of a CDD
provides the developer the ability to fbnd community infrastructure through the purchase of tax-
free bonds, which the debt of said bonds is paid back by the CDD property owners.
The proposed Ordinance to establish the CDD does not affect the PUD approval. For the City
Council’s information, the Parcel 5B CDD (together with the proposed Parcel 5A CDD) would
be the second and third CDDs established in the City of Palm Beach Gardens.
On December 19, 2002, Ordinance 42, 2002 was approved to establish a Community
Development District for the Old Palm Planned Community Development (PCD). In 2006, the
Southampton Planned Unit Development requested the establishment of their own Community
Development District. However, that petition was denied by the City Council due to concerns
that the District would be an additional tax burden upon future residents. Please note that the
Old Palm and the Southampton petitions were for the establishment of a CDD for a residential
development. The subject petition is for the establishment of a CDD in a commercial
development, and the additional tax burden would be borne by commercial property owners. In
the event that the property owner proposed to include residential uses within the development,
the CDD would have to be amended as well.
PURPOSE OF THE CDD
The Applicant has proposed that the CDD will finance the construction or acquisition of the land
acquisition costs, landscaping, earthwork, and surface water management system improvements.
Date prepared: Deamber 13.2007
Meeting Date: February 7, 2008
0rdinam;e 2,2008
Page 3 of7
The CDD will operate and maintain the surface water management system. The water
distribution and wastewater collection and transmission facilities will be built according to
Seacoast Utility Authority (SUA) specifications, operated and maintained by SUA, and
conveyed to SUA once complete.
Pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes, a CDD is a local unit of special purpose government authorized by the Uniform
Community Development District Act, Chapter 190, Florida Statutes and organized to plan,
finance, construct, operate, and maintain community-wide infrastructure in planned
developments.
The authorizing Ordinance and Florida law strictly limit the powers of the District. It is
important to note the following:
In addition to the City’s zoning authority, Parcel 5B PUD property owners would ultimately
be subject to two governing boards (CDD, Property Owner’s Association);
The CDD will not have the power to exercise any zoning or permitting powers;
The City will not be liable for any bond obligations of the CDD, nor for Sunshine Law
Compliance by its Board of Supervisors;
No taxpayer residing or owning property outside of the CDD can or will be taxed by the
District; and
The District will not Sect the City’s bonding capacity and millage rate.
GOOD FAITH ESTIMATE
The CDD will finance the construction or acquisition of the initial Public Infrastructure
improvements by issuing unrated special assessment bonds, which will be sold to qualified
institutional investors. The bonds will be amortized over no more than 30 years and the principal
and interest payable will be paid by the CDD from the proceeds of non-ad valorem special
assessments levied by the CDD. The non-ad valorem assessments will be collected annually by
the Palm Beach County Tax Collector or the CDD.
The estimated cost of the infrastructure is $3.9 million. The applicant is proposing to issue
special assessment bonds for a portion of that $3.9 million of infnrstructure costs. The bonds
would be the responsibility of the property owner.
However, in addition to the levy of non-ad valorem assessments for debt service, the CDD may
also impose hrther non-ad valorem assessments to hnd the operations and maintenance of the
CDD, its facilities, and services.
OPERATION OF THE CDD
Pursuant to the Act, the CDD will be governed by a five-member board of supervisors. The
initial members of the Board are elected by the landowners (principally the applicant) for a
period of six years. Therefore, the control of the Board is maintained by the landowners for the
Date prepared: December 13.2007
Meeting Date: February 7, 2008
ordinance 2,2008
Page 4 of7
first six years of CDD establishment. After the sixth year, each board position that comes up for
re-election must be filled by an elector in a general election wherein all electors within the CDD
are entitled to vote. A qualified elector could be a property owner within the CDD.
BENEFITS TO THE CITY
The petitioner has provided justification for the CDD, which has been attached for review.
REOUIREMENTS UNDER THE ACT FOR CDD ESTABLISHMENT
Section 190.005, Florida Statutes establishes the following six criteria that the City Council shall
consider in granting or denying a petition to establish a CDD:
1. Whether all statements contained within the petition have been found to be true and
correct.
I;he petition has been reviewed and found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The establishment of the district is inconsistent with the City's Comprehensive Plan.
Specflcally, the Economic Development Element and Future Land Use Element policies that
established the Bioscience Research Protection Over@ (BRPO), which provides kmguage
that encourages incentivizing research and development users within the over@ area. I;he
additional taxing district does not encourage the location of Bioscience users, nor does it
provide the incentive of lowering the cost of development for those users. It is stafs
profesional opinion that the CDD is not consistent with the policies of the Comprehensive
Plan relative to the BRPO, which encourages the provision of incentives within the BRPO
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one hnctional interrelated
community.
me applicant is proposing to create a district within the parameters of the Planned Unit of
Development, which is currently under the ownership of one entiq and under the controI of
one Property Owner's Association (POA). Any subdivision of the property would require a
Unity of Control based on requirements within the City's Lrmd Development Reguhtions, so
the property has been developed as one finctional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
Date prepared: December 13,2007
Meeting Date: February 7, 2008
Ordinance 2,2008
Page 5 of7
The proposed district is not the only alternative available for delivering community
development services and facilities to the area.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
The proposed district will not be incompatible with the capacity and uses of the existing local
facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
Currently, the proposed district is under ownership of the one enti@ that is propsing the
district.
Disclosure
To ensure that all prospective land owners andor tenants within the Parcel 5B PUD are well advised
of the existence, function and powers of the District, the Petitioner agrees to undertake the following
disclosures which extend beyond the requirements of Sections 190.009 and 190.048, Florida Statutes:
Prior to recording the Notice of Establishment within the public records of Palm Beach County, the
Applicant shall submit the Notice to the City for the review and approval of the Growth Management
Administrator and the City Attorney. The Notice and corresponding documents shall include the
following:
1. The Notice of Establishment shall appear in the title chain for all lots within Parcel 5B and
will disclose the establishment and existence of the District;
2. A Notice of Assessments will also be recorded in the public land records against all property
within Parcel 5B once the assessments have been set by the Board of Supervisors. The
Notice of Assessment shall disclose the amount of the annual assessments applicable to the
lotdunits within Parcel 5B, and shall provide the name, address and telephone number of the
District Manager;
3. Each prospective initial retail purchasedrenterfiessee will be provided with a brochure along
with the Parcel 5B sales materials disclosing the establishment of the District and the
anticipated level of assessments applicable to properties and units within Parcel 5B;
4. Each purchase and sale or lease agreement with initial retail purchasers or lessees will
include a specific disclosure addendum outlining in detail the existence and hction of the
District and the estimated assessment amounts applicable to lots/units within Parcel 5B;
5. Each deed of conveyance delivered to the initial retail purchaser within Parcel 5B will
specifically reference the Notice of Establishment recorded in the Land Records of Palm
Beach County, Florida, and
Date prepared: Deoember 13,2007
Meeting Date: February 7, 2008
ordinance 2,2008
Page 6 of 7
6. Pursuant to section 190.048, Florida Statues, each purchase and sale agreement with an initial
retail purchaser of property wih Parcel 5B will include the following conspicuous
disclosure above the space provided for the purchaser's signature in large boldfaced type:
"THE PARCEL 5B COMMUNITY DEVELOPMENT DISTRICT MAY
IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRIa. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES
AND ASSESSMENTS PROVIDED FOR BY LAW."
7. The Declaration of Restrictions for Parcel 5B will include a disclosure of the existence and
function of the District, and will require all property owners within Parcel 5B to disclose the
existence and function of the District to subsequent purchasers.
ADDITIONAL POWERS
Florida Statutes 190.012 (2) provides for additional powers which the local government may
grant to the District upon approval of its establishment. These powers to establish and maintain
facilities and services for parks facilities, fire prevention and control, school buildings and
related structures, on-site security, mosquito control, and waste collection and disposal.
However, staff does not feel it is appropriate for a special taxing district to exercise several of the
above referenced powers, and therefore has included a condition within the proposed ordinance
barring the District &om exercising powers related to parks and facilities, fire prevention and
control, school buildings and related structures, mosquito control, and waste collection and
disposal.
STAFF ANALYSIS
Currently, the City has one established CDD in a residential community, yet denied an additional
application for a CDD in a smaller residential community due to concerns about placing
additional tax burdens on residential communities. While the existing development does not
include residential uses, the land use and zoning for the project allows for the inclusion of
residential uses and the property owner has applied to Palm Beach County and the City for traffic
concurrency for 450 residential units. While they currently have no development approval, staff
supports the past precedent of denying approval of an additional taxing district on residential
uses.
In addition, the existing development is within the Bioscience Research Protection Overlay
(BRPO) and provides for a portion of the industrial and ofice uses that the City has committed
to provide incentives for Bioscience users in the BRPO. The additional taxing district does not
Date prepared: December 13,2007
Meeting Date: February 7, 2008
Ordinance 2,2008
Page 7 of 7
encourage the location of Bioscience users, nor does it provide the incentive of lowering the cost
of development for those users. It is staffs professional opinion that the CDD is not consistent
with the policies of the Comprehensive Plan relative to the BRPO, which encourages the
provision of incentives within the BRPO.
STAFF RECOMMENDATION
Staff recommends denial of Ordinance 2,2008.
PETITION FOR ORDINANCE
FOR
5B Community Development District
May 18,2007
Prepared by
Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, Florida 334 10
Tele: 561-630-4922
Toll Free: 877-737-4922
Fax: 561-630-4923
IN RE: AN ORDINANCE TO ESTABLISH 1
5B COMMUNITY DEVELOPMENT DISTRICT)
PETITION
PGA Flyover Corporate Park, LLC, RCA Center I1 of Florida, LLC, and PGA Transportation
Oriented Development, LLC (“Petitioners”), collectively known hereafter as the
“Landowners”, hereby petition the City of Palm Beach Gardens City Council to establish a
Community Development District (“District”) with respect to the land described herein and in
support of the Petition, Petitioners states:
1. The proposed District is located within the incorporated area of the City of
Palm Beach Gardens, Palm Beach County, Florida. Exhibit 1 depicts the general location of
the project. The proposed District covers approximately 30.03 acres of land. The metes and
bounds description of the external boundaries of the District is set forth in Exhibit 2. There is
no real property within the internal boundaries of the proposed District which is to be
excluded from the District except the roads dedicated to Palm Beach Gardens.
2. Attached to this Petition as Exhibits 3-3C and made a part hereof is the written
consent to the establishment of the District by the owners of 100% of the real property to be
included in the District.
3. The five persons designated to serve as initial members of the Board of
Supervisors of the proposed District are as follows:
1. Daniel S. Catalfumo 725 Harbor Isles Place N. Palm Beach, F133408
2. James E. Jacoby 107 North River Drive East Jupiter, F133458
3. Paul Simonson 182 Eastwood Lane P. Bch. Gardens, F133410
4. Jeffery Marshall W. Palm. Beach, F133401
5. Jane Ballard 8490 Whispering Oaks Way W. Palm. Beach, F133411
6 16 P Street
4. The proposed name of the District to be established is 5B Community
Development District (“5BCDD’).
5. There are no existing major trunk water mains, sewer interceptors or outfalls
on site.
6. The proposed timetable for the construction of District services and the
estimated cost of constructing the services, based on available data, are shown on Exhibits 4A
and 4B. These are good faith estimates but are not binding on the Petitioner or the District
and are subject to change.
Petition
7. Petitioners are in the process of developing the properties within the District as
mixed use developments containing commercial and retail uses. The proposed uses for the
land included within the proposed District are consistent with the City of Palm Beach Gardens
Comprehensive Development Master Plan and the City of Palm Beach Gardens Future Land
Use Element. The City Master Plan and Future Land Use Element designate the land
contained within the proposed District for mixed use and industrial. The future general
distribution, location and extent of public and private uses of land proposed for the area
within the District are shown on Exhibit 5.
8. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance
with the requirements of Section 120.541, Florida Statutes.
9. Exhibit 7 is a map indicating the boundaries of the 5B Community
Development District.
10. The District is seeking and hereby requests the right to exercise all powers
provided for in Section 190.06 through 190.04 1, Florida Statutes (except for powers regarding
waste disposal or collection of any waste), Florida Statutes, including the special powers
provided by Section 190.012, Florida Statutes.
11. The Petitioners are PGA Flyover Corporate Park, LLC, RCA Center I1 of
Florida, LLC and, PGA Transportation Oriented Development, LLC , whose addresses are
4300 Catalfumo Way, Palm Beach Gardens, F133410.
12. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
a. Establishment of the District and all land uses and services planned
within the proposed District are not inconsistent with applicable elements or portions of the
effective City of Palm Beach Gardens Comprehensive Development Master Plan, as
amended.
b. The land encompassing the proposed District is of sufficient size and is
sufficiently compact and contiguous.
c. The community development services of the District will be compatible
with the capacity and use of existing local and regional community development services and
facilities.
d. The proposed District will be the best alternative available for
delivering community development services to the area to be served because the District
provides a governmental entity for delivering those services and facilities in a manner that
does not financially impact persons residing outside the District and provides a responsible
perpetual entity capable of making reasonable provisions for the operation and maintenance
of the District services and facilities in the future.
Petition
WHEREFORE, Petitioners respectfully requests the Palm Beach Gardens City Council to:
1. Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to
consider the establishment of the 5B Community Development District.
2. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this
Petition and establishing the 5B Community Development District.
Respectfully submitted this day of PpN , 2007
PGA FLYOVER CORPORATE PARK, LLC,
a FJwi4a LimitTd Liability Company,
RCA-mR II OF FLORIDA ,LLC
Daniel S. Catalfiy&6esident of the
General Par-& the Sole Member
PGA TRANSPORTATION ORIENTED
DEVELmMENT, LLC
Petition
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 3A
Exhi bit 3 B
Exhibit 3C
Exhibit 4A
Exhibit 4B
Exhibit 5
Exhibit 6
Exhibit 7 0
5B COMMUNITY DEVELOPMENT DISTRICT
EXHIBITS
Location Map
Legal Description
List of Owners
Affidavit of Ownership and Consent-PGA Flyover Corporate Park, LLC
Affidavit of Ownership and Consent-RCA Center I1 of Florida, LLC
Affidavit of Ownership and Consent-PGA Transportation Oriented Development, LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public and Private Uses Map
Statement of Estimated Regulatory Costs
Boundary Map of the CDD
Petition
EXHIBIT 1
LOCATION MAP
5B COMMUNITY DEVELOPMENT DISTRICT
i
i
Petition - Exhibit I
EXHIBIT 2
LEGAL DESCRIPTION
5B COMMUNITY DEVELOPMENT DISTRICT
PGA FLYOVER CORPORATE PARK, LLC
Legal Description
Parcels A and Water Management Tract 1, as shown on MacArthur Parcel SB-Replat, as recorded in
Plat Book 108, pages 70 through 74, Public Records of Palm Beach County, Florida.
RCA CENTER I1 OF FLORIDA, LLC
Legal Description
Parcel B, as shown on MacArthur Parcel SB-Replat, as recorded in Plat Book 108, pages 70 through
74, Public Records of Palm Beach County, Florida.
PGA TRANSPORTATION ORIENTED DEVELOPMENT, LLC
Legal Description
Parcel C and Water Management Tract 2, as shown on MacArthur Parcel SB-Replat, as recorded in
Plat Book 108, pages 70 through 74, Public Records of Palm Beach County, Florida.
Containing 30.03 acres, more or less.
Petition - Exhibit 2
EXHIBIT 3
LIST OF OWNERS FOR THE
5B
COMMUNITY DEVELOPMENT DISTRICT
1. PGA FLYOVER CORPORATE PARK, LLC
2. RCA CENTER I1 OF FLORIDA, LLC
3. PGA TRANSPORTATION ORIENTED DEVELOPMENT, LLC
Petition ~ Exhihit 3
EXHIBIT 3A
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
5B
COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA 1
COUNTY OF PALM BEACH )
On this day of April, 2007, personally appeared before me, an officer du,j authorized to
administer oaths and take acknowledgments, Daniel S. Catalfumo, who, after being duly sworn,
deposes and says:
1. Affiant, Daniel S. Catalfumo, an individual, is Manager of the PGA Flyover
Corporate Park, LLC. a Florida limited liability company (the company)
2. The Company is the owner of the following prescribed property, to wit:
See Exhibit “A” attached hereto (the “Property”)
3. Affiant, Daniel S. Catalfumo, hereby represents that he has full authority to execute
all documents and instruments on behalf of the Company including the Petition
before the City of Palm Beach Gardens City Council, to enact an ordinance to
establish the 5B Community Development District (the “Proposed CDD”).
4. The Property represents all of the real property owned by the affiant to be included in
the Proposed CDD.
5. Affiant, Daniel S. Catalfumo, on behalf on the PGA Flyover Corporate Park, LLC
as the sole owner of the Property in the capacity described above, hereby consents to
the establishment of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
FUMO
, 2007, by Daniel S.
limited liability
Subscribed and sworn to before me this Jd day of
company, who personally appeared before me, p is personally known or produced
Catalfumo, the Manager of PGA Flyover Corporate
as identification.
Notary Public, State of Florida
My Commission Expires:
Pnition - Exhibit 3A
Exhibit A
LePal Description
PGA FLYOVER CORPORATE PARK, LLC
Legal Description
Parcels A and Water Management Tract 1, as shown on MacArthur Parcel SB-Replat, as
recorded in Plat Book 108, pages 70 through 74, Public Records of Palm Beach County,
Florida.
Petition - Exhibit 3A
EXHIBIT 3B
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
5B
COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA 1 COUNTY OF PALM BEACH )
On this day of April 2007, personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, Daniel S. Catalfurno, who, after being duly sworn,
deposes and says:
I. Affiant, Daniel S. Catalfumo, an individual, is President of the General Partner of the
Sole Member of RCA Center I1 of Florida, LLC. a Florida limited liability company
(the company),
2. The Company is the owner of the following prescribed property, to wit:
See Exhibit “A” attached hereto (the “Property”)
3. Affiant, Daniel S. Catalfumo, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company including the Petition before the
City of Palm Beach Gardens City Council, to enact an ordinance to establish the 5B
Community Development District (the “Proposed CDD”).
4. The Property represents all of the real property owned by the affiant to be included in the
Proposed CDD.
5. Affiant, Daniel S. Catalfumo, on behalf on the RCA Center I1 of Florida, LLC as the
sole owner of the Property in the capacity described above, hereby consents to the
establishment of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
Subscribed and sworn to before me this 3d day
Catalfumo, President of the General Partner of the Sol
LLC, a Florida limited liability company, who persona
known or produced
2007, by Daniel S.
Center 11 of Florida,
Notary Public, State of Florida
My Commission Expires:
Exhibit A
Lepal Description
RCA CENTER I1 OF FLORIDA, LLC
Legal Description
Parcel B, as shown on MacArthur Parcel 5B-Replat, as recorded in Plat Book 108, pages
70 through 74, Public Records of Palm Beach County, Florida.
Petition ~ Exhihit 3B
EXHIBIT 3C
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
5B
COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA 1
COUNTY OF PALM BEACH 1
On this day of Aprii 2007, personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, Daniel S. Catalfumo, who, after being duly sworn,
deposes and says:
1. Affiant, Daniel S. Catalfurno, an individual, is President of the General Partner of the
Sole Member of PGA Transportation Oriented Development, LLC. a Florida limited
liability company (the company)
2. The Company is the owner of the following prescribed property, to wit:
See Exhibit “A” attached hereto (the “Property”)
3. Affiant, Daniel S. Catalfumo, hereby represents that he has full authority to execute a11
documents and instruments on behalf of the Company including the Petition before the
City of Palm Beach Gardens City Council, to enact an ordinance to establish the 5B
Community Development District (the “Proposed CDD”).
4. The Property represents all of the real property owned by the affiant to be included in the
Proposed CDD.
5. Affiant, Daniel S. Catalfumo, on behalf on the PGA Transportation Oriented
Development, LLC as the sole owner of the Property in the capacity described above,
hereby consents to the establishment of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
Subscribed and sworn to before me this y& day of
Ca talfum 0, the Manager of PGA Transportation Oriented LC, a Florida limited
liability company, who personally appeared before me, )e is personally known or produced
as identification.
Notary Print N
Notary Public, State of Florida
My Commission Expires:
Exhibit A
Legal Description
PGA TRANSPORTATION ORIENTED DEVELOPMENT, LLC
Legal Description
Parcel C and Water Management Tract 2, as shown on MacArthur Parcel SB-Replat, as
recorded in Plat Book 108, pages 70 through 74, Public Records of Palm Beach County,
Florida.
Petition - Exhibit 3C
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
5B COMMUNITY DEVELOPMENT DISTRICT
Improvement
LAND ACQUISITION
Start Date Completion Date
N/A N/A
EARTHWORK MAY 2006 1 DECEMBER 2008
I I
LANDSCAPING I NOVEMBER 2006 I DECEMBER 2008
SURFACE WATER MANAGEMENT
Petition - Exhibit 4A
MAY 2006 DECEMBER 2008
EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
5B COMMUNITY DEVELOPMENT DISTRICT
Category Cost Estimate
1 LAND ACQUISITION I $ 1.306.800 I
EARTHWORK
SURFACE WATER MANAGEMENT
$ 1,000,000
$ 600,000
I LANDSCAPING I $ 1.000.000 I
I TOTAL I $ 3,906,800
Petition ~ Exhibit 4B
a
EXHIBIT 5
PUBLIC AND PRIVATE USES MAP
5B COMMUNITY DEVELOPMENT DISTRICT
I
b
Petitla -Exhibit 5
EXHIBIT 6
5B
COMMUNITY DEVELOPMENT DISTRICT
Statement of Estimated Regulatory Costs
May 18,2007
Prepared by
Special Dktrict Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, Florida 33410
(561) 630-4922-Tele
(877) 737-4922-Toll Free
(561) 630-4923-Fax
Petition-Exhihit 6
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs (“SERC”) supports the petition to
establish the 5B Community Development District (“District”). The District
comprises approximately 30.03 acres of land located in the incorporated area of
the City of Palm Beach Gardens, Palm Beach County, Florida. The limitations on
the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S.
(governing District establishment) as follows:
“That the process of establishing such a district pursuant to
uniform general law shall be fair and based only on factors
material to Manager and financing the service delivery function of
the district, so that any matter concerning permitting or planning of
the development is not material or relevant (emphasis added).”
1.2 Overview of 5B Community Development District
The District is designed to provide district infrastructure, services, and facilities
along with their operations and maintenance to multiple planned mixed use
developments within the boundaries of the district.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (1997), defines the elements a statement of estimated
regulatory costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types
of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to comply
with the requirements of the ordinance. As used in this paragraph, “transactional
costs” are direct costs that are readily ascertainable based upon standard business
practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed
in complying with the rule, additional operating costs incurred, and the cost of
monitoring and reporting.
Petition-Exhibit 6
(d) An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as defined
by Section 120.52, F.S. Palm Beach Gardens is not defined as a small City for
purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed ordinance.
“Note: the references to “rule” in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an “ordinance” under section
190.005(2) (a), Florida Statutes.”
2.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the ordinance, together with a general description of
the types of individuals likely to be affected by the ordinance.
The 5B Community Development District serves land that comprises a 30.03 acre
commercial and retail mixed use development. The owners and tenants that may
occupy the District will be individuals and other retail related businesses.
3.0 A good faith estimate of the cost to the agency, and to any other state and
local government entities, of implementing and enforcing the proposed rule,
and any anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project that is
anticipated to effect state or local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is establishment of a local special
purpose government, there will be no enforcing responsibilities of any other
government entity, but there will be various implementing responsibilities which
are identified with their costs herein.
Petition-Exhibit 6
State Governmental Entities
There will be only modest costs to various State governmental entities to
implement and enforce the proposed establishment of the District. The District as
established on the proposed land, will encompass under 1,000 acres, therefore,
Palm Beach Gardens is the establishing entity under 190.005(2), F.S. The modest
costs to various State entities to implement and enforce the proposed ordinance
relate strictly to the receipt and processing of various reports that the District is
required to file with the State and its various entities. Appendix A lists the
reporting requirements. The costs to those State agencies that will receive and
process the District’s reports are very small, because the District is only one of
many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.4 12, F.S., the District must
pay an annual fee to the State of Florida Department of Community Affairs which
offsets such costs.
Palm Beach Gardens
There will be only modest costs to the City for a number of reasons. First, review
of the petition to establish the District does not include analysis of the project
itself. Second, the petition itself provides much of the information needed for a
staff review. Third, the City already possesses the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required to
review the petition. Finally, the City routinely process similar petitions though
for entirely different subjects, for land uses and zoning changes that are far more
complex than is the petition to establish a community development district.
The annual costs to the City of Palm Beach Gardens because of the establishment
of the District are also very small. The District is an independent unit of local
government. The only annual costs the City faces are the minimal costs of
receiving and reviewing the various reports that the District is required to provide
to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local
revenues. The District is an independent unit of local government. It is designed
to provide infrastructure facilities and services to serve the development project
and it has its own sources of revenue. No state or local subsidies are required or
expected.
In this regard it is important to note that any debt obligations incurred by the
District to construct its infrastructure, or for any other reason, are not debts of the
Petition-Exhibit 6
State of Florida or any other of local government. In accordance with State law,
debts of the District are strictly its own responsibility.
FUNDED BY I
4.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities required to comply with the requirements of the
ordinance.
O&M BY
Table 1 provides an outline of the various facilities and services the proposed
District may provide.
Table 1
5B Community Development District
Proposed Facilities and Services
LAND AQUlSlTlON
EARTHWORK
CDD N/A CDD ~
CDD N/A N/A
OWNERSHIP I BY
SURFACE WATER MANAGEMENT
LANDSCAPING
CDD CDD CDD
CDD CDD CDD
Category
LAND ACQUISITION
* Seacoast =Seacoast Utilities
Cost Estimate
$ 1,306,800
The petitioner has estimated the costs for providing the capital facilities outlined
in Table 1. The cost estimates are shown in Table 2 below. Total costs for those
facilities, which may be provided, are estimated to be approximately $3.906.800.
The District may issue special assessment bonds to fund the costs of these
facilities. These bonds would be repaid through non ad valorem special
assessments levied on all properties in the District.
EARTHWORK
SURFACE WATER MANAGEMENT
Table 2
5B Community Development District
Cost Estimate for District Facilities
$1,000,000
$ 600,000
LANDSCAPING !$ 1,000,000
Prospective future landowners in the District may be required to pay non-ad
valorem assessments levied by the District to secure the debt incurred through
Petition-Exhibit 6
bond issuance. In addition to the levy of non ad valorem special assessments by
various names for debt service, the District may also impose a non-ad valorem
assessment to fund the operations and maintenance of the District and its facilities
and services.
Furthermore, locating in the District by new property owners is completely
voluntary. So, ultimately, all owners and users of the affected property choose to
accept the non ad valorem special assessments by various names and user fees as
a tradeoff for the benefits and facilities that the District provides. A Community
Development District (“CDD’) provides property owners with the option of
having higher levels of facilities and services financed through self-imposed
revenue. The District is an alternative means to manage necessary development
services with related financing powers. District management is no more
expensive, and often less expensive, than the alternatives of a municipal service
taxing unit (MSTU), a property association, City provision, or through developer
equity and/or bank loans.
In considering these costs it shall be noted that owners of the lands to be included
within the District will receive three major classes of benefits.
First, landowners in the District will receive a higher long-term sustained level of
public services and amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services and
amenities will be completed concurrently with development of lands within the
District. This satisfies the revised growth management legislation, and it assures
that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the
provision of facilities, services and improvements to these lands.
Third, a CDD is the sole form of governance which allows District landowners,
through landowner voting, to determine the type, quality and expense of District
services they receive, provided they meet the City’s overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for
the District to provide infrastructure services and facilities. Instead, it is the
incremental costs above what the landowners would have paid to install
infrastructure via an alternative management mechanism. Given the low cost of
capital for a CDD, the cost impact to landowners is negligible. This incremental
cost of the high quality infrastructure provided by the District is likely to be fairly
low.
Petition-Exhibit 6
Table 3
Improvement
LAND ACQUISITION
EARTHWORK
SURFACE WATER MANAGEMENT
5B Community Development District
Estimated Construction Timetable For District Facilities
Completion Date
NA
DECEMBER 2008
DECEMBER 2008
I LANDSCAPING I DECEMBER2008 I
5.0 An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as
defined by Section 120.52, F.S.
There will be no impact on small businesses because of the establishment of the
District. Palm Beach Gardens has an estimated population in 2006 that is greater
than 10,000; therefore the City is not defined as a “small” City according to
Section 120.52, F.S, and there will accordingly be no impact on a small City
because of the formation of the District.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of regulatory
costs and benefits. Inputs were received from the Petitioner’s Engineer and other
professionals associated with the Petitioner.
************
Petition-Exhibit 6
a
a
.f”.i;”ct iwi L.-d
APPENDIX A
LIST OF REPORTING REQUIREMENTS
REPORT FL. STATUTE DUE DATE
CITATION
Annual Financial Audit 11.45
Annual Financial Report 2 18.32
TRIM Compliance Report 2005.068
Form 1 : Statement of Financial 112.3145
Public Facilities Report 189.41 5
Public Meetings Schedule 189.417
Bond Report 218.38
Registered Agent 189.416
Proposed Budget 189.418
Public Depositor Report 280.17
within 45 days of audit completion, but
no later than 12 months after end of
fiscal year
within 45 days of financial audit
completion, but no later than 12
months after end of fiscal year; if no
audit required, by 4/30
no later than 30 days following the
adoption of the property tax levy
ordinance/resolution (if levying
property taxes)
within 30 days of accepting interest the
appointment, then every year thereafter
by 7/1 (by “local officers” appointed to
special district’s board); during the
qualifying period, then every year
thereafter by 7/1 (by “local officers”
elected to special district’s board)
within one year of special district’s
creation; then annual notice of any
changes; and updated report every 5
years, 12 months prior to submission
of local government’s evaluation and
appraisal report
quarterly, semiannually, or annually
when issued
within 30 days after first meeting of
governing board
prior to end of current fiscal year
annually by 1 1 /3 0
Petition-Exhibit 6
EXHIBIT 7
DISTRICT BOUNDARY MAP
5B COMMUNITY DEVELOPMENT DISTRICT
6
Exhibit 7
NOTICE OF PUBLIC HEARING CONCERNING THE ESTABLISHMENT
OF THE PARCEL 5B COMMUNITY DEVELOPMENT DISTRICT IN PALM
BEACH GARDENS, FLORIDA BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS.
Notice is hereby given that on January 17, 2008, at 7:OO p.m., or soon thereafter, the
City Council of the City of Palm Beach Gardens (the “Council”), will consider an
ordinance entitled:
ORDINANCE 2,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5B
COMMUNITY DEVELOPMENT DISTRJCT PURSUANT TO THE
PROVISIONS OF SECTION 1W.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
at a public hearing to be held at:
City Hall
10500 North Military Trail
Palm Beach Gardens, Florida 33410
to inform the public about the elements of the petition to form a community development
district in Palm Beach Gardens, Florida. The information presented at this hearing will
be used by the Council in granting or denying the petition (as set forth in Section
100.005(2), Florida Statutes (“F.S.”)), and also to afford the petitioner, affected units of
local government, and the general public a fair and adequate opportunity to appear at
the hearing and present oral and written comments (submitted to the Council at or
before the public hearing) relevant to the creation of the Parcel 56 Community
Development District (the “CDD”). The proposed CDD is located on approximately 30
acres of land located east of RCA Boulevard, south of PGA Boulevard, and west of
Alternate AIA, as indicated on the map below.
If adopted the ordinance would create a community development district and designate
the land area served. The creation of such a district pursuant to Chapter 190, F.S., is
not a land development authorization or approval. All planning, permitting and other
regulatory requirements pertaining to development within the land area shall be adhered
to pursuant to general or special law or applicable local ordinance.
The CDD is designed to serve the needs of its property Owners by financing,
constructing, operating, and maintaining a portion of the infrastructure and community
facilities needed by district property owners, including the surface water management
and control system, water distribution system and wastewater collection and
transmission facilities, offsite roadway improvements, earthwork, land acquisition, and
offsite landscaping. The CDD will make use of non-ad valorem assessments levied on
all property owners in the district.
The specific legal authority for this action is Sections 190.004 and 190.005, F.S.
For further information, contact Ms. Kara Irwin, Director of Growth Management, 10500
North Military Trail, Palm Beach Gardens, Florida, 33410 at (561) 799-4243. Affected
units of genera-purpose local government and the general public shall be given an
opportunity to appear at the hearing and present oral or written comments on the
pet it ion.
Should any person decide 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: 800-95543771 (TDD) or 800-955-8770 (VOICE).
This notice is published pursuant to the requirements of Chapter 190.005(l)(d), Florida
Statutes.
By: PGA North II of Florida, LLC
Patricia Snider, City Clerk, CMC
Publication Dates: Friday, December 21, 2007
Friday, December 28,2007
Friday, January 4,2008
Friday, January 11 , 2008
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Tab I
Tab II
Benefits to the City of Palm Beach Gardens
Benefits to Land Buyers
Legislative Intent - Chapter 190, F.S. Tab III
Tab IV
Tab V Minimum Disclosure Requirement
Legislative Intent - Chapter 189, F.S.
Tab VI April 12, 2006 Miami-Dade County Study of Community
Development Districts
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BENEFITS TO THE CITY OF PALM BEACH GARDENS
BY THE FORMATION OF
COMMUNITY DEVELOPMENT DISTRICTS
First, the primary areas that flood during storm events are in developments
where privately owned drainage systems are under the jurisdiction of
property owners associations. Maintenance of the drainage system is often
included in the contract of a management company that has the primary
objective of addressing the aesthetics of the development and has little
knowledge or expertise in storm water management. In many
developments where the drainage systems have been deeded to the
property owners associations, there is no management company and the
responsibility of maintenance of the drainage system is vested in a board of
directors made up of land owners in the development. In this case, it is
highly unlikely that the residents have any knowledge whatsoever of storm
water management. Further, research indicates that property owners
associations are primarily focused on aesthetic issues (i.e. landscape
maintenance, architectural review, violations of property owners
documents, etc.) and the only concern for the drainage system will often
develop only after the damage has been done.
The dedication of storm water management systems to community
development districts is a perfect alternative to this dilemma. First, it is a
governmental entity that has the authority to levy assessments against
those who benefit from the services it provides. This assures access to
maintenance funds. Second, the Florida Statutes (Chapter 190) that allows
for the creation of community development districts mandates the
engagement of a professional district manager who, according the Chapter
190, “shall have charge and supervision of the works of the district and
shall be responsible for preserving and maintaining any improvement or
facility.. ..” of the district. While this does not guarantee that CDD-owned
storm water management systems operate properly, it certainly provides a
strong foundation for proper management.
To further support the creation of community development districts,
Chapter 189.41 5(2), Florida Statutes that requires all special districts
(including any community development districts within the incorporated
area of the City) to prepare and file a public facilities report with the City. A
public facilities report must provide, among other things, a description of
the public facilities owned or operated by the CDD. This report is to be
updated every five years and annual notices of changes are required. The
five year updates are due within twelve months of the due
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Benefits to the City of Palm Beach Gardens
Page 2 of 2
date of the City's evaluation and appraisal report and may be used and
relied upon by the City in the preparation and revisions of the City's
Comprehensive Plan. There is no such requirement for property
owners associations.
Also in support of community development districts is the fact that CDDs
are eligible to participate in the State of Florida Mutual Aid Program.
This program (provided by the State Department of Community Affairs)
provides the opportunity for local governments (including community
development districts) to enter into mutual aid agreements with the State of
Florida for mutual assistance during emergencies. Under this program, a
CDD may request assistance from any participating agency (including the
State of Florida) when a major catastrophic event occurs. Most major
disasters that occur in this area overwhelm the storm water management
systems that are not designed to deal with such events; therefore, these
mutual aid agreements allow state and local governments to respond as a
team to deal with the situation. This program is not available to private
property owners associations.
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BENEFITS TO LAND BUYERS
BY THE FORMATION OF A
COMMUNITY DEVELOPMENT DISTRICT
First, most developers begin their due diligence of a project by examining
its financial potential. If a CDD is contemplated, the developer factors the
amount of the CDD financing into the bottom line to establish the project’s
profit margin. If the CDD is not created and the financing does not occur,
the developer will need to re-evaluate the financial plan and most likely
adjust the price of the property upward. A CDD offers the developer the
opportunity to be more competitive in the marketplace by providing either a
lower product or a comparably priced product with more amenities than
would be feasible without a CDD.
A second benefit has to do with the land buyer’s ability to qualify for a
mortgage. If a CDD is created and the public infrastructure is financed
through CDD tax exempt financing, the land buyer does not have to qualify
for the cost of the CDD-financed public infrastructure. This is because the
CDD-financed amount is not included in the private mortgaged amount;
rather, it is included in the estimated amount of the taxes that the land
buyer will be expected to pay annually.
A third benefit to a land buyer is that most, if not all CDDs structure the
financing so that a land buyer can pay off the CDD debt at any time.
However, it probably is not advantageous for a land buyer do so because
the CDD debt runs with the land, so when a land buyer sells the property,
there is no requirement to pay of the CDD debt. Therefore, the land buyer
only pays for that portion of the public infrastructure while they own the
property. Without a CDD, the total cost of the public infrastructure would
be included in the price of the property.
A fourth benefit to a land buyer is the fact that tax exempt financing costs
are lower than the costs of conventional financing. Even though in today’s
market the differential is not as great as it has been, during the life of the
CDD debt, and as interest rates go up, this differential could be substantial.
The CDD’s annual debt service payments are fixed at closing and remain
the same throughout the life of the bond issue. Incidentally, CDDs are
the only governmental entities that are required by law to disclose
their special assessments to prospective land buyers in advance, and
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Benefits to Land Buyers
Page 2 of 2
CDDs are able to disclose exactly the annual amount of special
assessments that will be levied against a property. This disclosure
provides a prospective land buyer with the opportunity to choose, or not to
choose, to buy into a development that is within a community development
district. The specific quotation from Chapter 190.048 of the Florida
Statutes reads as follows:
"190.048 Sale of real estate within a district; required disclosure to
purchaser.--Subsequent to the establishment of a district under this
chapter, each contract for the initial sale of a parcel of real property and
each contract for the initial sale of a residential unit within the district shall
include, immediately prior to the space reserved in the contract for the
signature of the purchaser, the following disclosure statement in boldfaced
and conspicuous type which is larger than the type in the remaining text of
the contract: "THE (Name of District) COMMUNITY DEVELOPMENT
DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE
TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION,
AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
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Florida Statutes Chapter 190
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190.002 Legislative findings, policies, and intent.--
(1) The Legislature finds that:
(a) There is a need for uniform, focused, and fair procedures in state law to provide a reasonable
alternative for the establishment, power, operation, and duration of independent districts to manage and
finance basic community development services; and that, based upon a proper and fair determination of
applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and
economic way to deliver these basic services, thereby providing a solution to the state's planning,
management, and financing needs for delivery of capital infrastructure in order to service projected
growth without overburdening other governments and their taxpayers.
(b) It is in the public interest that any independent special district created pursuant to state law not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their elected and appointed
officials.
(c) It is in the public interest that long-range planning, management, and financing and long-term
maintenance, upkeep, and operation of basic services for community development districts be under one
coordinated entity.
(2) It is the policy of this state:
(a) That the needless and indiscriminate proliferation, duplication, and fragmentation of local general-
purpose government services by independent districts is not in the public interest.
(b) That independent districts are a legitimate alternative method available for use by the private and
public sectors, as authorized by state law, to manage and finance basic services for community
developments.
(c) That the exercise by any independent district of its powers as set forth by uniform general law comply
with all applicable governmental laws, rules, regulations, and policies governing planning and permitting
of the development to be serviced by the district, to ensure that neither the establishment nor operation
of such district is a development order under chapter 380 and that the district so established does not
have any zoning or permitting powers governing development.
(d) That the process of establishing such a district pursuant to uniform general law be fair and based only
on factors material to managing and financing the service delivery function of the district, so that any
matter concerning permitting or planning of the development is not material or relevant.
(3) It is the legislative intent and purpose, based upon, and consistent with, its findings of fact and
declarations of policy, to authorize a uniform procedure by general law to establish an independent
special district as an alternative method to manage and finance basic services for community
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development. It is further the legislative intent and purpose to provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent district. It is further
the purpose and intent of the Legislature that a district created under this chapter not have or exercise
any zoning or development permitting power, that the establishment of the independent community
development district as provided in this act not be a development order within the meaning of chapter
380, and that all applicable planning and permitting laws, rules, regulations, and policies control the
development of the land to be serviced by the district. It is further the purpose and intent of the
Legislature that no debt or obligation of a district constitute a burden on any Local general-purpose
government without its consent.
Florida Statutes Chapter 189
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189.402 Statement of leqislative purpose and intent.--
(1) It is the intent of the Legislature through the adoption of this chapter to provide general provisions for
the definition, creation, and operation of special districts. It is the specific intent of the Legislature that
dependent special districts shall be created at the prerogative of the counties and municipalities and that
independent special districts shall only be created by legislative authorization as provided herein.
(2) It is the intent of the Legislature through the adoption of this chapter to have one centralized location
for all legislation governing special districts and to:
(a) Improve the enforcement of statutes currently in place that help ensure the accountabiiity of special
districts to state and Local governments.
(b) Improve communication and coordination between state agencies with respect to required special
district reporting and state monitoring.
(c) Improve communication and coordination between special districts and other local entities with
respect to ad valorem taxation, non-ad valorem assessment collection, special district elections, and local
government comprehensive p laming,
(d) Move toward greater uniformity in special district elections and non-ad valorem assessment collection
procedures at the local level without hampering the efficiency and effectiveness of the current
procedures.
(e) Clarify special district definitions and creation methods in order to ensure consistent application of
those definitions and creation methods across all levels of government.
(f) Specify in general law the essential components of any new type of special district.
(8) Specify in general law the essential components of a charter for a new special district.
(h) Encourage the creation of municipal service taxing units and municipal service benefit units for
providing municipal services in unincorporated areas of each county.
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(a) There is a need for uniform, focused, and fair procedures in state law to provide a reasonable
alternative for the establishment, powers, operation, and duration of independent special districts to
manage and finance basic capital infrastructure, facilities, and services; and that, based upon a proper
and fair determination of applicable facts, an independent special district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
means of solving the state's planning, management, and financing needs for delivery of capital
infrastructure, facilities, and services in order to provide for projected growth without overburdening
other governments and their taxpayers.
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(b) It is in the public interest that any independent special district created pursuant to state law not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their elected and appointed
officials.
(c) It is in the public interest that long-range planning, management, and financing and long-term
maintenance, upkeep, and operation of basic services by independent special districts be uniform.
(4) It is the policy of this state:
(a) That independent special districts are a legitimate alternative method available for use by the private
and public sectors, as authorized by state law, to manage, own, operate, construct, and finance basic
capital infrastructure, facilities, and services.
(b) That the exercise by any independent special district of its powers, as set forth by uniform general
law comply with all applicable governmental comprehensive planning laws, rules, and regulations.
(5) It is the legislative intent and purpose, based upon, and consistent with, its findings of fact and
declarations of policy, to authorize a uniform procedure by general law to create an independent special
district as an alternative method to manage and finance basic capital infrastructure, facilities, and
services. It is further the legislative intent and purpose to provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent special district.
(6) The Legislature finds that special districts serve a necessary and useful function by providing services
to residents and property in the state. The Legislature finds further that special districts operate to serve
a public purpose and that this is best secured by certain minimum standards of accountability designed to
inform the public and appropriate general-purpose local governments of the status and activities of special
districts. It is the intent of the Legislature that this public trust be secured by requiring each independent
special district in the state to register and report its financial and other activities. The Legislature further
finds that failure of an independent special district to comply with the minimum disclosure requirements
set forth in this chapter may result in action against officers of such district board.
(7) Realizing that special districts are created to serve special purposes, the Legislature intends through
the adoption of this chapter that special districts cooperate and coordinate their activities with the units
of general-purpose local government in which they are located. The reporting requirements set forth in
this chapter shall be the minimum level of cooperation necessary to provide services to the citizens of this
state in an efficient and equitable fashion.
(8) The Legislature finds and declares that:
(a) Growth and development issues transcend the boundaries and responsibilities of individual units of
government, and often no single unit of government can plan or implement policies to deal with these
issues without affecting other units of government.
(b) The provision of capital infrastructure, facilities, and services for the preservation and enhancement
of the quality of life of the people of this state may require the creation of multicounty and
rnultijurisdictionaI districts.
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Minimum Disclosure Requirements
190.048 Sale of real estate within a district; required disclosure to purchaser.--
Subsequent to the establishment of a district under this chapter, each contract for the
initial sale of a parcel of real property and each contract for the initial sale of a residential
unit within the district shall include, immediately prior to the space reserved in the
contract for the signature of the purchaser, the following disclosure statement in
boldfaced and conspicuous type which is larger than the type in the remaining text of the
contract: "THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT
MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND
ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND
OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL
OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
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.-km& Memorandum man
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Date:
To:
From:
Subject:
April 12,2006
Honorable Chairman Bruno A. Barreiro
and Members, Internal Management and Fiscal
Responsibility ,.
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IMFR
Agenda Item No. 7C
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Community Development Districts (CDD) Report
At the February 16, 2006, Internal Management and Fiscal Responsibility (IMFR) committee meeting,
Commissioner Moss requested a report concerning the impact of Community Development Districts (CDD)
on affordable housing and developable land. Previously, Commissioner Jordan requested that a workshop
be conducted regarding CDD's; however, after speaking to the Commissioner's Office, it was decided that
a report would be sufficient. Recently, you requested an analysis on how COD'S are processed in Broward
County and how CDD's affect median housing costs in Broward County compared to Miami-Dade County.
The Public Works Department (FWD) worked in conjunction with Professor Sukumar Ganapati from Florida
International University (Flu) in developing this report.
The attached report provides information regarding the purpose for the creation of CDD's, growth trends
and the impact of CDD's on housing, land development, sales, etc. By way of background, the first CDD
created on March 27, 1998, was Beacon Tradeport, a commercial development. The first residential CDD
in the County was Century Parc, a multifamily development located near Flagler Street and NW 87th
Avenue, created on June 5, 2001. Currently, there are 41 CDDs In Miami-Dade County; three (3) are
commercial, nine (9) are single-family, 12 are multifamily and 17 are mixed single and multifamily. The
residential developments comprise approximately 10,257 single-family homes and 20,597
townhouse/condominium units, with an additional 700 rental apartment units.
The creation of CDD's in the County continues to grow. Between 2003 and 2005, thirty (30) residential and
two (2) commercial CDDs have been created. Thus far in 2006, one (1) CDD has been created. Currently,
PWD has seven (7) new CDD applications and one (1) request to amend an existing CDD waiting to be
processed. As a result of the Board's action on February 21, 2006, all applications are currently on hold.
At the February 21, 2006, Board of County Commissioners (Board) meeting, the Board requested specific
information concerning the administrative and maintenance assessments that can be imposed by a CDD
Board of Directors. The current average annual assessments, including debt service, for residentiaf
properties in the County range from $981 to $1,437 for townhouselcondominium units and $1,165 to
$1,322, for a single family home. These assessments are, in most cases, collected through the combined
tax bill through an interlocal agreement with the tax collector and the CDD Board and as such, are subject
to lien and tax collection methods in the same manner as ad valorem taxes.
/
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Honorable Chairman Bruno A. Barrerio
and Members, Internal Management and Fiscal Responsibility
Page 2
As it pertains to the specific impacts of CDD’s on affordable housing, developable land and the creation
process in, and impact of, CDD’s on Broward County’s median housing prices compared to Miami-Dade,
please be advised as follows:
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0 PWD analyzed the 2005 median purchase price of 10 CDD’s and the results are as follows: in
three (3) of the CDO’s, the price is greater by an average of $21,496 and in five (5) other CDD’s,
it is lower by an average of $33,124, when compared to non-CDD developments. Two (2) other
CDD’s analyzed, Century Parc at $4,000 lower, and Pentathlon, at $134,460 higher, were
excluded from the average as they would skew the averages. Only Century Parc and South
Dade Venture are lower than the $225,000 workforce housing figure provided by the Dade
County’s Housing Agency. New housing prices in Miami-Dade County, CDD or non-CDD, do
not fall within the definition of affordable housing as defined by the Department of Planning and
Zoning at 21/2 times the median income for a family of four (4), or $115,875. Please note that
this research is unrefined, since factors such as upgrades and additional amenities li.e.
swimming pools) could increase the sale price of similarhousing units as much as $30,000 to
$50,000.
The impact of further CDD creation on the remaining developable land in the County will be
substantial if current trends continue. Approximately 47% of vacant land developed from 1998
through 2005 has been through the creation of CDD’s. Publicly held developable vacant land
has increased from 7.1% (2,717 acres) in 1998, to 12.5% (3,205 acres) in 2005, a 5.4%
increase in public consumption of available vacant land. If these trends continue, CDD
developments will constitute a greater share of the developed land in the future.
Miami-Dade County governance structure is unique due to our Home Rule Charter; as such,
only the Miami-Dade County Board of County Commission (BCC) may create a CDD. In
Broward County, CDD’s are created by the various municipalities. In both Counties, CDD
petitions are submitted pursuant to F.S. Chapter 190 and must contain information required by
this statute. Restrictions may be imposed prior to CDD creation by the enabling body. In
Miami-Dade, we have stringent public noticing and assessment disclosure requirements,
Broward does not. In all cases, once a CDD is created, it is legally an independent special
district in which the creating body has limited control, except for those regarding permitting and
zoning regulations, among others.
Public Works and Property Appraiser staff contacted Broward County officials and requested information
concerning the median-price of CDD housing compared to non-CDD housing. They have not yet obtained
this information; therefore, it will be provided at a later date, if available, once it is received.
Finally, I wish to state that CDD’s achieve the goals and intent of F.S. Chapter 190. That intent is clearly
defined in 190.002(a), which stipulates that there is a need for “the establishment, power, operation, and
duration of independent districts to manage and finance basic community development services” and that
CDD’s can thereby provide “a solution to the state’s planning, management, and financing needs for
ructure in order to service projected growth without overburdening other
nd their taxpayers.”
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IMPACT OF COMMUNIW DEVELOPMENT DISTR/CTS
IN MIAMI-DAD€ COlJNrY, FLORIDA
Submitted By The
Public Works Department
March 2006
The information contained in this report has been developed and compiled by the
Miami-Dade County Public Works Department in conjunction with faculty of
Florida International University, Broward County Government Officials and the
following Miami-Dade County Departments:
0 Property Appraisal
Planning and Zoning
0 Miami-Dade Housing Agency
In addition, the following consulting firms contributed to the report:
0 Wrathell, Hart, Hunt and Associates, LLC
0 Hopping Green Sams & Smith, P.A.
District Services, Inc.
0 Billing, Cochran, Heath, Lyles, Mauro, and Anderson, P.A.
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INTRODUCTION TO COMMUNITY DEVELOPMENT DISTRICTS (COO1
Community Development Districts (CDD) in Miami-Dade County (County) are forms of
local government created by the Miami-Dade County Board of County Commissioners
(BCC) pursuant to Article VIII, Section 6 of the amendment to Florida’s Constitution, and
pursuant to the County’s Home Rule Charter, to provide a specific service or services to
a defined area. The size of the CDD must be less than 1,000 acres.
CDD’s are special-purpose governments, given that the law authorizes a District to
provide only those services that are specifically defined in their enabling legislation. The
required content of CDD petitions are specified by F.S. 190.005 and include good faith
construction and financing cost estimates, real property legal description of boundary,
maps and locations of existing infrastructure and the names of the appointed five-
member CDD Board, among other requirements. The exclusive charter for a CDD shall
be the uniform CDD district charter set forth in F.S. 190.06-190.041, including the
special powers provided by 190.01 2.
The initial purpose for the creation of CDD’s was to provide the private and public
sectors an alternative methodology to manage and finance basic community services as
Florida’s population expanded through the early 1970’s. The State addressed growth
issues in 1975 with the New Communities Act, codified as Chapter 163, Part IV, Florida
Statutes. This act created the first independent special districts for community
developments until it was replaced by the Uniform Community Development Act of 1980,
codified as Chapter 190, Florida Statutes, which now govern CDD’s throughout the State
of Florida. The act defined the need for uniform, focused and fair procedures in state
law for a reasonable alternative to local general-purpose government for the
establishment, power, operation and duration of independent districts to manage and
finance basic community development services.
The intent of the legislation was to establish a growth management tool, which ensured
that growth “paid” for growth and provided an incentive for planned community
developments. F.S. Chapter 190 dictates the general and special powers available to
CDD’s and the establishing entity can reserve the right to grant or restrict any of the
special powers. Furthermore, CDD’s provide a solution to the State’s planning,
management and financing needs for delivery of capital infrastructure in order to service
projected growth, without overburdening other governments and their taxpayers.
Currently, there are more than 380 CDD’s located throughout the State of Florida,
including 41 in Miami-Dade County.
CDD’s frequently complement and/or substitute the service delivery capabilities of
general-purpose governments in new developments. CDD’s may finance, fund, plan,
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and
maintain the following basic infrastructure:
Water Management & Control
0 Water Supply
0
0 Bridges & Culverts
0 Roads & Street Lights
Sewer & Wastewater Management (reclamation and reuse)
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Public Transportation Facilities & Equipment
Parking Improvements & Related Signage
a Consetvation & Mitigation Areas
0 Wildlife Habitats
Other Improvements as Permitted by the Creating Body
After obtaining approval from a general-purpose local government with jurisdiction over
the area, the District may provide the following additional functions:
Parks and Recreational Facilities
Cultural Facilities
Educational Facilities
Fire Prevention & Control
School Buildings & Related Structures
Securiiy
Mosquito Control
Waste Collection & Disposat.
INTENDED BENEFITS OF CDD’S
CDD’s and general-purpose local governments, such as Counties and Cities have
compatible interests. CDD’s are intended to supplement Counties and Cities in areas
where the primary governments cannot, or will not, provide infrastructure and services to
a particular area. A CDD’s authority may be restricted by the creating entity prior to
creation. Once created, however, general-purpose local government may not impose
restrictions. The County Commission currently restricts water-use and sewage rights,
along with noticing requirements at point of sale, and dictates the creation of a dormant
multipurpose maintenance special taxing district, available to perform maintenance
services in the event of a CDDs failure. The City of Dorai and the City of Miami
Gardens both further restrict CDDs by reserving the right to seat two (2) of the initial
five-member CDD Board for those Districts requiring their approval.
Local government CDD benefits include:
0 Districts allow local governments to concentrate on providing infrastructure and
services to their existing residents, thereby preventing the dilution of scarce
resources. Districts release general-purpose local government cash flow for
other purposes. No additional capital or maintenance costs are borne by existing
citizens according to the “growth pays for growth” policy of the State-by using
CDDs.
Increased taxable values due to the development and improvement of CDD
lands benefit all constituents of general-purpose local government. New
landowners/residents pay taxes, fees, charges, etc., which offset the financial
burden on existing residents of local government.
Districts frequently assume responsibility for protecting conservation areas;
provide onsite recreation and maintenance levels matched to property owner
standards and willingness to pay.
Provide the County with a single, public entity responsible in perpetuity for the
capital, operations and maintenance within the area of a District. A CDD
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consolidates the delivery of community infrastructure and services under a single
entity and simplifies interaction between local government and the District.
District borrowing and debt levels do not count against local government’s
millage caps, nor can the debt or obligation of a CDD constitute a burden on the
County/CQ. However, In terms of the overall creditworthiness of the County,
CDD debt service will likely have a negative impact long-term as it absorbs
available bond credit.
All CDD business is conducted “in the sunshine” and a statutory formula moves
CDD governance from landowner to resident control.
Local government‘s costs pertaining to the District establishment are offset by a
$15,000 filing fee for each petition. There is a minimal annual cost related to the
receipt of documents that CDD’s are required to submit to the proper jurisdiction.
The Public Works Departments’ Special Taxing District Division maintains these
records.
The County Tax Coilector, through an lnterlocal Agreement, may collect District
assessments for the CDD with the costs of collection defrayed through fees
charged to the Districts.
CDD’s are not exempt from zoning, land use, planning and permitting rules and
policies and County provision of police and fire emergency services.
Landowner and resident CDD benefits include:
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Created as governmental agencies - Districts are governmental agencies with all
benefits of a public entity.
Operate not-for-profit -- Districts provide services to tandowners/residents at their
own cost.
Accountable to residents -- Districts are accountable to landowners/residents as
their boards are initially elected by the landowners and eventually elected by the
qualified electors of the District. They operate in the open according to the
Sunshine and Public Records Law.
Protect residents from failure by the developer -- Districts provide infrastructure
and community services even if the developer fails.
Protect residents who pay from those that do not -- with foreclosure powers for
nonpayment of assessments, residentsflandowners who do not pay do not
negatively impact those who do.
Ensure that residents only pay for the amount of benefit they receive for as long
as they receive it -- residents/landowners pay only for the infrastructure and
services that they receive within the District during the time they own a property
within the CDD.
Provide for operation and maintenance functions on an indefinite basis -- the
District operates as long as there is a need for its services and
residents/landowners are willing to fund it.
Provide for an orderly transition after the developer vacates - as the District
constructs, operates and maintains community infrastructure, there are no
problems with a transition after the developer leaves.
Offer amenities and benefits not usually found in typical developments -- Districts
can afford to provide amenities and services that would be prohibitive for a
developer of a conventional community, such as a golf course built and operated
by the CDD.
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Provide a cost-effective mechanism to provide community and su bdivision-level
infrastructure - low-cost financing and the ability to finance over the long-term
provide for affordable and highquality improvements on a Districtwide basis, as
well as at the subdivision level.
Long-term District financing matches the useful life of infrastructure assets -- by
utilizing 20 and 30-year financing, the District can spread the cost of
improvements over a longer period than that provided with conventional
financing, minimizing annual landownerhsident payments.
Provide permanent organizational and financing structure for continual operation
and maintenance of District facilities and improvements as well as the eventual
replacemenffrenewal of infrastructure as needed.
CDD’s operating as governmental entities can provide a higher and more
consistent level of service than homeowners’ associations.
Districts empfoy professional managers and engineers who are in charge of
Infrastructure provision, operation, upkeep and eventual replacement.
As governmental entities, CDD’s are eligible to participate in the State of Florida
Mutual Aid Program and upon the execution of a proper Interlocal Agreement,
may request emergency aid from other governments.
Public infrastructure costs of Districts are purportedly not included in the initial
purchase prlce, but rather spread over the life of the bonds, thereby lowering the
amount of the mortgage a prospective resident may need to qualify for.
Creation of a CDD does not preclude the formation of a Homeowners
Association (HOA). An HOA is compatible with a CDD because it cannot issue
bonds for major improvements, but can often provide maintenance of common
areas better than the CDD, as well as enforce uniform property maintenance and
appearances.
Developer CDD benefits include:
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Funding community improvements - a developer does not have to use its own or
borrowed funds to build infrastructure. Financial resources can then be
dedicated to actual unit construction and sales efforts.
The flexibility of using long-term and/or short term financing -- the devetoper can
use any combination of long and short-term indebtedness to structure
assessments according to specific market conditions. Allow for flexibility in
project staging - financing can be issued in multiple series to coincide with
stages of construction.
Provide tax-exempt, low cost financing - as a government entity, the District can
issue tax-exempt bonds which result in lower financing costs than conventional
financing mechanisms.
Are easily marketable to the investor community - investors regard district bonds
as attractive alternatives in the government indebtedness market, resulting in
reasonably high demand for and low interest rates on the district bonds.
Infrastructure costs are passed on to the landowner as assessments -- the
developer does not have to include its significant infrastructure costs in the price
of improved lots resulting in significant marketing advantages.
Constitute contingent liability for the developer - special assessments are
reported on the Developer balance sheet as contingent liability.
“Growth pays for growth” -- additional infrastructure required by new growth is
paid for entirely by the new growth and not existing residents and/or landowners.
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Relieves the developer from most aspects of landowner relations -- the District
constructs and operates infrastructure and provides customer service functions.
Provides for the operation and maintenance functions on an indefinite basis - the
developer does not have to be concerned with the operation and maintenance of
infrastructure after It has been turned over to the District. Residents can be
assured of sufficient services after the developer vacates as the District will
remain.
Olstricts can acquire infrastructure from the Developer -- infrastructure can be
constructed by the developer and subsequently acquired by the District even if it
was constructed prior to the creation of the District.
Developer maintains control through the Board of Supervisors -- the
developerAnitial landowner can control actions of the District by having its
representatives appointed to the Board of Directors for a six-year term or until
250 electors live there.
PERCEIVED NEGATIVE CHARACTERESTICS OF CDD'S
General-purpose local government is ceding certain authority to CDD's.
CDD bond issues may impact perceptions of bond raters in terms of overall debt.
Burdening of CDD homeowners with long-term infrastructure debt.
Initial control of CDD Board by developers' appointees may lead to financial
abuse. Future residents must live with financial decisions made by developers'
Board.
The housing purchase price does not reflect developer savings for cost of
infrastructure. - Residents feel misinformed as to the nature and authority of CDD communities.
IMPACT OF CDD'S ON COUNN RESIDENTIAL LAND DEVELOPMENT
There are currently 38 residential and three (3) commercial CDD's in the County
(Exhibits A and Al). Jhirty-seven residential CDDs, less one created in 2006, cover
approximately 4,427 acres, or 47% of the 9,473 formerly vacant residential acres
developed since 1998. It is interesting to note that the amount of publicly held
developable vacant land has increased from 7.1% (2,717 acres) in 1998, to 12.5%
(3,205 acres) in 2005 (Exhibits E and el). If these development trends continue, CDD's
will constitute a larger share of the remaining available land in the future. CDD's per
Commission Districts are shown on Exhibit C.
The number of housing units provided, or proposed, by CDD's in the County are 10,257
single-family homes, 20,597 Townhomes and 700 rental apartments (Exhibit D). The
number of housing units provided by non-CDD developments in the County since 1998
is approximately 68,682 units. CDDs represent approximately 45% of the total non-
rental housing provided or proposed since 1998. Information on the total number of
rental units is unavailable at this time.
We have taken a sampling of 10 CDD's that are at, or near build-out, and compared
them to similar non-CDD developments in the same geographical area of the County.
Developments were segregated and compared by the year they were sold given that
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prices in a subdivision typically increase as the development nears build-out. It must be
noted that a comparison performed on lot and house size, proximity and sales year, wilt
not account for the amenities and upgrades that can represent a substantial price
increase for the same model from the same developer. These additional costs can be
as much as $30,000 to $50,000. The price comparisons below are necessarily based on
an unrefined research model but will provide a general overview.
How do CDD home purchase prices compare to the ''regula? housing market?
WVD analyzed the 2005 median purchase price of 10 CDD's and the results are as
follows -- in three (3) of the CDD's, the price is greater by an average of $21,496 and in
five (5) other CDD's, it is lower by an average of $33,124, when compared to non-CDD
developments. Two (2) other CDD's analyzed, Century Parc at $4,000 lower, and
Pentathlon, at $134,460 higher, were excluded from the average as they would skew the
averages (See Exhibits E and E4).
Have the creation of CDD's kept the prices of housing down?
Yes. Compared to the purchase price of a non-CDD home, the median purchase price
in 2005 of a home in a CDD was lower in seven (7) of the 10 developments analyzed by
an average savings of $43,440 over a non-CDD home. A better gauge however, is the
$33,124 savings when the two (2) extreme cases are excluded from the average.
Have CDD developments made home-buying more affordabfe?
Generally no. Of the CDD's considered, only Century Parc at $171,000, and South
Dade Venture at $1 87,058, were below the $225,000 workforce housing price quoted by
Dade's Housing Agency. New housing prices in Miami-Dade County, CDD or non-CDD,
do not fall within the definition of affordable housing as defined by the Department of
Planning and Zoning ai 2112 times the median income for a family of four (4), or
$1 15,875 (See Exhibit E).
A necessary factor when determining affordability is the CDD assessments that
residents are required to pay. CDD developers in the County are required to provide
and record a Declaration of Restrictive Covenant in the Public Record in which they
itemize and guarantee (within 5% and under threat of penalty) the first three (3) years of
CDD assessments (Exhibit F). Additionally, assessments for any homeowners
association (HOA), will be added to that figure. Developments with an HOA in addition
to a CDD can be desirable. HOAs can enforce covenants and provide better routine
maintenance of common areas, oftentimes at a better price than a CDD, because the
administration of an HOA is usually voluntary, as opposed to the administrative fees paid
to a professional manager to run the CDD.
The current average annual assessments, including debt service, for residential
properties in the County range from $981 to $1,437 for townhouse/condominium units
and $1,165 to $1,322, for a single family home. These assessments are, in most cases,
collected through the combined tax bill through an interlocal agreement with the tax
collector and the CDD Board and as such, are subject to llen and tax collection methods
in the same manner as ad valorem taxes.
CONCLUStON
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Community Development Districts achieve the goals and intent of F.S. Chapter 190.
That intent is clearly defined in 190.002(a), which stipulates that there is a need for "the
establishment, power, operation, and duration of independent districts to manage and
finance basic community development services" and that CDDs can thereby provide "a
solution to the state's planning, management, and financing needs for delivery of capital
infrastructure in order to service projected growth without overburdening other
governments and their taxpayers." There is no reference to cost of housing or issues of
fairness to purchasers in the statute. Particularly in Miami-Dade, as a Home Rule
Charter County, local general-purpose government can impose restrictions prior to any
CDD creation that will allow for some measure of consumer protection and local control.
Several cities have made requirements for their representatives to be on any CDD Board
within their municipal boundary. The County has imposed a stringent noticing
requirement on CDO developers. There are other restrictions that may be imposed after
consulting with the County Attorney's Office that will ensure that CDD developments will
work in the best interests of their residents. CDD's are also useful in developed areas
since they can be used to refurbish existing aged infrastructure. Lastly, as our research
indicates, most CDD housing is generally priced less than other developments.
It is therefore recommended that the Board of County Commissioners continue to
consider creation of new Community Development Districts as a way to finance
continued growth and economic development in the County.
Attachments: Exhibits A through F
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EXHIBIT E
COMPARISION OF CDD SALES 2002-05
I MEDIAN I
CONVENTIONAL.
PENTATHLON
SOUTH DADE VENTURE
TRAILS AT MONTEREY
1- 8- S 2005 375,237 345,000
CENTURY PARC 2005 171,000 175,000
ISLANDS AT DORAL 2005 365,000 347,500
KENDALL 2005 291,750 275,000
PENTATHLON 2005 237,990 372,450
SAUSALITO BAY 2005 298,837 31 0,000
SOUTH OADE VENTURE 2005 187.058 214,943
TRAILS AT MONTEREY 2005 376,500 425,000
TREE ISLAND 2005 332,500 388,673
VENETIAN ISLES 2005 320,000 342,000
EXHIBIT €1
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Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, FL 33410
Direct 561.630.4922
Toll Free 877.737.4922
Fax 561.630.4923
www.sdsinc.org
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ORDINANCE 2,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5B
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO THE
PROVISIONS OF SECTION 190.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 190, Florida Statutes, provides an alternative method to
finance and manage basic services for community development; and
WHEREAS, in accordance with Chapter 190, Florida Statutes, PGA Flyover
Corporate Park, LLC, RCA Center II of Florida, LLC, and PGA Transportation Oriented
Development, LLC (“Petitioners”) petitioned the City for the establishment of the Parcel
56 Community Development District (“District”); and
WHEREAS, after proper public notice, the City Council conducted a public
hearing pursuant to Section 190.005( 1 )(d), Florida Statutes, and in accordance
therewith makes the following findings of fact:
Date Prepared: December 13, 2007
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The petition is complete in that it meets the requirements of Section
190.005( 1 )(a), Florida Statutes, and all statements contained within the
petition are true and correct.
The establishment of the District is not inconsistent with any applicable
element or portion of the City’s Comprehensive Plan.
The area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
The establishment of the District is the best alternative available for
delivering the community development services and facilities to the area
that will be served by the District.
The proposed services and facilities to be provided by the District will be
compatible with the capacity and uses of existing local and regional
community development services and facilities
The area that will be served by the District is amenable to separate special-
district government; and
Date Prepared: December 13, 2007
Ordinance 2, 2008
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WHEREAS, the City Council determines that the adoption of this Ordinance is in
the best interests 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 petition to establish the Parcel 5B Community Development
District over the following described real property, which was filed by PGA Flyover
Corporate Park, LLC; RCA Center II of Florida, LLC; and PGA Transportation Oriented
Development, LLC, and which petition is on file at the Growth Management Office, is
hereby granted:
LEGAL DESCRl PTION:
PGA FLYOVER CORPORATE PARK, LLC
PARCEL A AND WATER MANAGEMENT TRACT 1, AS SHOWN ON MACARTHUR
74, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 5B-REPLAT1 AS RECORDED IN PLAT BOOK 108, PAGES 70 THROUGH
RCA CENTER II OF FLORIDA, LLC
PARCEL B, AS SHOWN ON MACARTHUR PARCEL 5B-REPLAT, AS RECORDED IN
PLAT BOOK 108, PAGES 70 THROUGH 74, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PGA TRANSPORTATION ORIENTED DEVELOPMENT, LLC
PARCEL C AND WATER MANAGEMENT TRACT 2, AS SHOWN ON MACARTHUR
74, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 5B-REPLAT1 AS RECORDED IN PLAT BOOK 108, PAGES 70 THROUGH
CONTAINING 26.13 ACRES, MORE OR LESS.
SECTION 3. The external boundaries of the District shall be as depicted on the
location map attached hereto and incorporated herein as Exhibit “A.” The City agrees
that the District may undertake projects outside District boundaries that are required by
development approvals and permits applicable to land within the District boundaries. In
furtherance thereof, the developer of the land within the District may assign its
obligations under such development approvals and permits to the District, subject to
consent requirements by the agency issuing the development approvals and permits.
2
Date Prepared: December 13, 2007
Ordinance 2, 2008
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SECTION 4. The initial members of the Board of Supervisors shall be as
follows:
Daniel S. Catalfumo
James E. Jacoby
Paul Simonson
Jeffrey Marshall
Jane Ballard
SECTION 5. The District is created for the purposes set forth in Chapter 190,
Florida Statutes.
SECTION 6. The Parcel 5B Community Development District shall have, and
the Board may exercise, subject to the regulatory jurisdiction and permitting authority of
all applicable governmental bodies, agencies, and special districts having authority with
respect to any area included therein, all general powers authorized pursuant to Section
190.01 1 , Florida Statutes, and only those special powers described in Section
190.012(1) which are set forth below, and hereby find that it is in the public interest of all
citizens of the City to grant such general and special powers:
1. To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge
or extend, equip, operate, and maintain systems, facilities, and basic
infrastructure for the following:
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Water management and control for the lands within the District and to
connect some or any of such facilities with roads and bridges.
Water supply, sewer, and wastewater management, reclamation, and
reuse, or any combination thereof, and to construct and operate
connecting intercepting or outlet sewers and sewer mains and pipes
and water mains, conduits, or pipelines in, along, and under any street,
alley, highway, or other public place or ways, and to dispose of any
effluent, residue, or other byproducts of such system or sewer system.
Bridges or culverts that may be needed across any drain, ditch, canal,
floodway, holding basin, excavation, public highway, tract, grade, fill, or
cut, and roadways over levees and embankments, and to construct
any and all of such works and improvements across, through, or over
any public right-of-way, highway, grade, fill, or cut.
(1 ) District roads equal to or exceeding the applicable specifications
of the county in which such district roads are located; roads and
improvements to existing public roads that are owned by or
conveyed to the local general-purpose government, the state, or
the Federal Government; street lights; alleys; landscaping;
hardscaping; and the undergrounding of electric utility lines.
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Ordinance 2, 2008
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(2) Buses, trolleys, transit shelters, ridesharing facilities and services,
parking improvements, and related signage.
e. Investigation and remediation costs associated with the cleanup of
actual or perceived environmental contamination within the district
under the supervision or direction of a competent governmental
authority unless the covered costs benefit any person who is a
landowner within the District and who caused or contributed to the
con tam i na t ion.
f. Conservation areas, mitigation areas, and wildlife habitat, including the
maintenance of any plant or animal species, and any related interest in
real or personal property.
2. To adopt and enforce appropriate rules following the procedures of Chapter
120, Florida Statutes, in connection with the provision of one or more
services through its systems and facilities.
SECTION 7. The Parcel 5B Community Development District shall not have,
and the Board may not exercise, any of the following powers set forth below:
1. Plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and facilities for:
a.
b.
C.
d.
e.
f.
Parks and facilities for indoor and outdoor recreational, cultural, and
educational uses.
Fire prevention and control, including fire stations, water mains and
plugs, fire trucks, and other vehicles and equipment.
School buildings and related structures, which may be leased, sold, or
donated to the school district, for use in the educational system when
authorized by the district school board.
Security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion-detection systems, and patrol cars, when
authorized by proper governmental agencies; except that the District
may not exercise any police power, but may contract with the
appropriate local general-purpose government agencies for an
increased level of such services within the District boundaries.
Control and elimination of mosquitoes and other arthropods of public
hea I t h importance.
Waste collection and disposal.
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Ordinance 2, 2008
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SECTION 8. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter
for the Parcel 5B Community Development District shall be Sections 190.006 through
190.041 , Florida Statutes.
SECTION 9. This Ordinance is made subject to strict compliance by the Parcel
5B Community Development District with the disclosure requirements of Sections
190.048 and 190.0485, Florida Statutes. In addition to the statutory requirements, the
Petitioners shall:
1. Prior to recording the Notice of Establishment within the public records of
Palm Beach County, the Petitioners shall submit the Notice to the City for
the review and approval of the Growth Management Administrator and the
City Attorney. The Notice and corresponding documents shall include the
following:
a.
b.
C.
d.
e.
f.
The Notice of Establishment shall appear in the title chain for all lots
within Parcel 56 and will disclose the establishment and existence of
the District.
A Notice of Assessments will also be recorded in the public land
records against all property within Parcel 5B once the assessments
have been set by the Board of Supervisors. The Notice of Assessment
shall disclose the amount of the annual assessments applicable to the
lots/units within Parcel 5B, and shall provide the name, address, and
telephone number of the District Manager.
Each prospective initial retail purchaser/renter/lessee will be provided
with a brochure along with the Parcel 5B sales materials disclosing the
establishment of the District and the anticipated level of assessments
applicable to properties and units within Parcel 5B.
Each purchase and sale or lease agreement with initial retail
purchasers or lessees will include a specific disclosure addendum
outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lots/units within Parcel
5B.
Each deed of conveyance delivered to the initial retail purchaser within
Parcel 5B will specifically reference the Notice of Establishment
recorded in the Land Records of Palm Beach County, Florida.
Pursuant to Section 190.048, Florida Statutes, each purchase and sale
agreement with an initial retail purchaser of property within Parcel 5B
will include the following conspicuous disclosure above the space
provided for the purchaser’s signature in large boldfaced type:
5
Date Prepared: December 13, 2007
Ordinance 2, 2008
1 "THE PARCEL 5B COMMUNITY DEVELOPMENT DISTRICT
2 MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
3 BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
4 THESE TAXES AND ASSESSMENTS PAY FOR THE
5 CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS
6 OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE
7 DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING
8 BOARD OF THE DISTRICT. THESE TAXES AND
9 ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
10 LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND
11 ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
12 LAW."
13
14
15
16
17 District to subsequent purchasers.
18
19 SECTION IO. This Ordinance shall become effective immediately upon
20 adoption.
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g. The Declaration of Restrictions for Parcel 5B will include a disclosure
of the existence and function of the District, and will require all property
owners within Parcel 5B to disclose the existence and function of the
(The remainder of this page left intentionally blank)
6
Date Prepared: December 13, 2007
Ordinance 2, 2008
I
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46 47
PASSED this day of , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
FOR AGAINST ABSENT
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\CDD - Parcel 58 - Ord 2 2008 (2).doc
7
Date Prepared: December 13, 2007
Ordinance 2, 2008
EXHIBIT “A”
EXHIBIT 1
LOCATION MAP
5B COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 1
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 3,2008
Meeting Date: February 7, 2008
Ordinance 3,2008 & Resolution 11,2008
SubiecVAqenda Item:
Ordinance 3, 2008 & Resolution 11, 2008 - Benjamin Private School Planned Unit
Development (PUD) Amendment
First Reading: A request by Ms. Anne Booth of Urban Design Studio, agent, on behalf of
the Benjamin Private School, Inc., to amend the Benjamin Private School PUD to allow a
monument sign to be located at the northwest corner of Central Boulevard and Grandiflora
Road.
[ X ] Recommendation to APPROVE with one additional condition and waiver
Reviewed by:
City Attorney: & Christin . T tum, Esq.
Development Compliance:
- Bahareh K. Wolfs, AlCP
Growth Management
Kara Irwin. AlCP
/ Approved By:
Ronald$ Ferfi
f
i to DENY
Originating Dept.:
Growth Management:
Project
Manager:
PI ann e r
[ X ] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised: [ No]
Date:
Paper:
[ X ] Required at 2"d
Reading
Public Notice:
[ XI Required at 2"d
reading
1 Yes
Finance Dept.:
Senior Accountant:
Tresha Thomas
Fees Paid: [ X ] Yes
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ] Approved
[ ] Approved with
conditions 9 ] Denied
[ ] Continued to:
Attachments:
Ordinance 3, 2008
Resolution 11, 2008
Applicant's Narrative
FPL Agreement
Signage Rendering
Landscape Plan
Location Photos
Resolution 16, 2005
Administrative Approvals
Ordinance 4,2003
Ordinance 30, 2000
Date Prepared: December 14,2007
Meeting Date: January 17,2008
Ordinance 3,2008 & Resolution 11,2008
EXECUTIVE SUMMARY
When the Benjamin Private School was originally approved, no entry signs were requested
by the Applicant. Now that the school has been in operation since the fall of 2004 the
applicant has determined that a two-sided entry monument sign is necessary to assist
visitors and emergency services in locating the entrance to the school. The sign is
proposed to be located at the northwest corner of Central Boulevard and Grandiflora Road
within an FPL easement. The applicant has executed an agreement with FPL allowing
encroachment of the monument sign.
The Planning, Zoning, and Appeals Board reviewed the application at its meeting of
November 27, 2007, and voted 7-0 to recommend approval.
The proposed monument sign cannot meet the minimum 15-foot setback from Grandiflora
Road as required by Code due to an existing upland preserve area. The Applicant,
therefore, is requesting a waiver of 11.5 feet in order to locate the monument sign 3.5 feet
from the right-of-way. Staff has no objections to the requested waiver and is recommending
approval with conditions.
BACKGROUND
With the adoption of Ordinance 30, 2000, on December 21, 2000, the City Council
approved the rezoning of 50 acres of land owned by The Benjamin School, Inc., located at
the northwest corner of the intersection of Central Boulevard and Grandiflora Road. The
property was rezoned from Planned Development Area (PDA) to Pu blic/lnstitutional (PA)
with a Planned Unit Development (PUD) Overlay, in order to allow the construction of the
187,671 square-foot private high school campus.
On February 6, 2003, the City Council adopted Ordinance 4, 2003, which approved the
modification of and increase to the on-site upland preserve area, the off-site mitigation of
the wetland preserve area, relocation and redesign of the athletic fields, relocation of the
field house and associated parking, and minor modifications to the approved architectural
elevations.
On June 17, 2004, and January 18, 2005, Administrative Approvals were granted to allow
minor modifications to the site plans, landscape plans, architectural plans, and colors.
On February 17,2005, the City Council adopted Resolution 16,2005, which approved the
artwork entitled “Journeys” by John Raimondi. The artwork is now located within the
median of the entry way off Grandiflora Road.
LAND USE AND ZONING
The land-use designation of the subject site is Residential Low (RL), and the zoning
designation is Planned Unit Development (PUD) Overlay with an underlying zoning of
Pu blic/lnstitutional (PA).
2
Date Prepared: December 14,2007
Meeting Date: January 17,2008
Ordinance 3,2008 & Resolution 11,2008
City Code
Section 78-285,
Table 24:
Permanent
Signs: Ground
REQUEST
Requires Proposed Waiver Requested Recommendation
Minimum 15 feet 3.5 feet setback from 11.5 feet
setback from right-of- right-of-way of
way Grandiflora Road
This is a request to construct a monument sign at the northwest corner of Central
Boulevard and Grandiflora Road in order to identify the main entrance to The Benjamin
School Private School. There are no existing entry monument signs for the school. Since
the school has been in operation, it has become apparent to the applicant that a
monument sign is necessary in order to direct the general public and emergency vehicles
to the school entrance.
Because the sign cannot be placed within the existing preserve, the applicant is proposing
to locate the sign within a five-foot wide FPL easement located adjacent to the right-of-way.
The applicant has provided a "Non-Disturbance Agreement" between the Benjamin Private
School and FPL which allows the sign to be located within this easement. This location
maintains a 31.5-fOOt separation to the edge of pavement, but does not meet the required
15-fOOt setback from the Grandiflora Road right-of-way. The setback from Central
Boulevard has been met, and the sign is located outside the safe-sight triangle.
Because the sign does not meet the 15-foot required setback from the Grandiflora Road
right-of-way, the applicant is requesting a waiver of 11.5 feet as indicated below.
Waiver Requested
The applicant is requesting the following waiver:
Sign
(1) Staff agrees that a monument sign would benefit visitors and emergencyvehicles in
locating the entrance to the school. Because of the constraints created by the
existing preserve, the proposed location within the FPL easement is believed to be
the best possible location for the monument sign. Staff has no objection to the
requested waiver.
Monument Sign Details
The proposed two-sided sign will be simulated stucco with black aluminum letters on a gold
and beige surface to match the existing school buildings. The sign will will measure 6 feet
high by10 feet in length, and it will be 1.5 feet wide at the base.
The sign will be landscaped with Sand Cord Grass and horizontal Coco Plum shrubs,
which will complement the existing campus and preserve area plant materials. The City
3
Date Prepared: December 14,2007
Meeting Date: January 17,2008
Ordinance 3, 2008 & Resolution 11,2008
Forester is recommending a condition that requires an inspection of the sign and
landscaping prior to issuance of the Certificate of Completion.
DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS
Members of the Development Review Committee have reviewed the request and have no
concerns or adverse comments.
STAFF RECOMMENDATION
Staff agrees that a monument sign would help visitors and emergency vehicles to locate
the entrance to the school. Because of the constraints created by the existing preserve,
the proposed location within the FPL easement is believed to be the best possible location
for the monument sign.
Staff recommends APPROVAL of Ordinance 3, 2008 and Resolution 11, 2008, with the
additional waiver and condition contained in the resolution.
Jh/Case FiledBenjamin SchooVBenjamin School Monument SignlStaff report Benj School Sign CC.doc
4
?
urban
October 10,2007
Ms. Kara Irwin, Director
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: THE BENJAMIN UPPER SCHOOL PUD
MISCELLANEOUS APPLICATION FOR A MONUMENT SIGN
UDS REF.: #99-015.012 (MA)
Dear Kara:
Please accept the attached materials as our request, on behalf of The Benjamin Private School,
Inc., for approval of a Miscellaneous Application for the addition of one (1) monument sign to be
located on the northwest corner of Central Boulevard and Grandiflora Road together with a
waiver to allow the sign to be located 3.5' from the right-of-way line.
The school PUD was originally approved on November 2,2000 via Ordinance 30,2000 and
subsequently revised via Ordinance 4,2003 which amended the upland and wetland areas. The
school has also received Administrative Amendment approvals for Art in Public Places and
awnings for sports activity areas.
At the time of the original PUD approval, there was concern on the part of the school
administration and the student body that the school could be targeted for undesirable activities.
So, for security reasons, a decision was made not to provide for a monument sign for fear that it
might bring unwanted attention to the schools location. Since the school has been in operation it
has become apparent that there is a definite need to direct traffic to the school both for the general
public and for emergency services.
There are several reasons that the decision for a sign has been reconsidered. As a result of the
excellent computer and lab facilities, the school has become a valuable partner in the Palm Beach
County Classroom Teachers Association certification program for continuing education. Because
of the quality of the sports facilities, they are also frequent hosts to other schools in and around the
district for various sporting events. These and other events and activities have drawn people to
the school who are unfamiliar with the area and who have had a great deal of difficulty in locating
it because of the lack of signage and the difficulty is seeing the
buildings because of the dense buffer along Central Boulevard. The
477 S. Rosemary Avenue
G:\Jobs\Benjamin Upper School\Master Signage 2005Mpplication Info;discSi,~Let~erIO 1007 AB%&? 225 - The Lofts at
LCC35 West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
LCC35
'lace
izi- 12 zddT www.UDSonline.com
-_ 9-
Ms. Kara Irwin
The Benjamin Upper School PUD
October 10,200'7
Page 2
school has been fortunate not to have had any major emergency needs, however, because
members of the general public have expressed their frustrations, there is now a concern that if a
major security event was to occur on campus, that outside emergency and law enforcement
officials not familiar with the location of the school would be hindered in locating it.
The location that is best suited to provide way finding information and has clear visibility is at the
intersection of Central Boulevard and Grandiflora Road, however, because the sign must be
located outside of the platted preserve, the options for placement of the sign are limited to the 5'
FPL easement located adjacent to the right-of-way. The proposed sign has been placed to
minimize the waiver request and maintains a 31.5' separation to the edge of pavement. The
setback from Central Boulevard has been met and the sign is located outside of the safe sight
triangle. This location however does not meet the required setback from the Grandiflora Road
right-of-way. This application includes a request for a 1 1.5' waiver from Section 78-285,
Permitted Signs, Table 24, to allow the sign to be placed 3.5' from the Grandiflora Road right-of-
way.
The proposed sign has been designed to be a classic and understated monument sign with colors
and materials to match the existing school. The sign is 6' high, 10' long, and 1.5' wide at the base.
The letters will be black aluminum and the base will be stucco, painted to match the school
buildings. Please see the attached signage design plans for additional details.
The applicant has received approval from FPL to allow the sign to be located within the easement.
A copy of the agreement is attached to this application.
The School is proposing a simple landscape design for the proposed monument sign which
includes the use of Cordgrass and Cocoplum. Please see the attached landscape plan for details.
This design compliments the existing campus and preserve area plant materials, which are
primarily planted with native vegetation, small shrubs, and grasses.
Attached for your consideration are five copies of the following:
Development Application form
Owners Consent
w FPL Non-Disturbance Agreement
W
A filing fee check in the amount of $2,650.00 ($1,650 base application fee + $1,000 min.
engineeringhaffic escrow)
8 '/2 x 11 aerial location map
Photographs of the area where the sign is proposed
G:Uobs\Benjamin Upper School\Master Signage 2005Mpplication Info\MiscSignLetterlO 1007 AB.wpd
LCC35
Ms. Kara Irwin
The Benjamin Upper School PUD
October 10,2007
Page 3
And 9 copies each of the following:
Site Plans, (4 pages), prepared by Urban Design Studio, dated October 09,2007
Landscape Plan, (1 page) (1 1 x 17), prepared by Urban Design Studio, dated October 09 ,
2007
Boundary Plat, Plat Book 100, Pages 150 and 15 1
Ferrin Sign Design Plan, (2 pages), dated October 10,2007
We hope you find that this application meets the requirements of the City of Palm Beach Gardens.
Please let me know if you have any questions or require any additional information in this regard.
Sincerely,
Urban Design Studio
Anne Booth
Principal
SP
Attachments
cc: Jeff Harris
Jonathan Ricketts
G:\Jobs\Benjamin Upper SchoolWaster Signage 2005\Application InfoWiscSignLetterlO 1007 AB.wpd
LCC35
FPL
Prepared by: Joe O'Hagan
700 Universe Boulevard
Juno Beach, Florida 33408
NON-DISTURBANCE AGREEMENT
WHEREAS, The Benjamin Private School, Inc. ("Owner") is the owner of that certain real
property more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof (the "Property").
WHEREAS, Florida Power & Light Company (ItFPL'I) is the holder of easement rights in
that certain utility easement as recorded in O.R. Book 16550, Page 1565 of the Public Records of
Palm Beach County, Florida (the 'Vtility Easement"); and
WHEREAS, a portion of the Benjamin School Sign to be constructed on the Property Will
encroach into the Utility Easement as reflected on the survey attached as Exhibit "B" hereto and
made a part hereof; and
WHEREAS, FPL does not desire to release any easement rights it may have in and to the
Utility Easement; and
WHEREAS, Owner has requested FPL to acknowledge as a matter of record that it will not
disturb the foregoing encroachment.
NOW, THEREFORE, in consideration of the foregoing premises, the parties agree as
follows:
1. FPL hereby acknowledges and agrees for itself, its successors and assigns, that it will
not exercise its right to require removal of the encroachment of the sign to be installed as shown on
the location sketch by Urban Design Studio dated 6/13/2007 attached hereto as Exhibit "C" or, in
the event such structure is damaged or destroyed, any replacement structure (provided such
replacement structure does not extend the encroachment any further into the Utility Easement),
subject to the compliance with the terms hereof
2. Except as 1 hereof, Owner agrees not to further encumber FPL's
easement.
3. Owner agrees to grant utility easements, find alternative routes, and pay for all
reasonable costs and expenses incurred by FPL, including alternative easements and any necessary
relocation costs, as determined by FPL in its sole discretion, in the event that any existing
underground electric facilities in the Utility Easement become inadequate to provide electric
service, as a result of the sign’s presence, and an alternative route is required in FPL’s sole
discretion in order to provide electric service. The Owner shall have the option to either remove
this sign or will agree to grant an easement.
4. Owner, its successors and assigns shall indemnify and hold FPL harmless from and
against any loss or damage caused by the presence of the sign, or by any WrongFUl or negligent act
OT omission of Owner, its successors, assigns, agents, contractors, guests or invitees, including any
act or omission which causes damage or injury to FPL facilities on the Property as a result of
presence of the sign..
5. FPL and Owner agree that this Agreement shall run with the land, and shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns.
SS WHEREOF, he undersigned has duly executed and delivered this agreement
on this dayof +h ,2007.
OWNER:
THE BENJAMIN PRIVATE SCHOOL, IN.,
Signed, sealed and delivered
in our presence as witnesses:
Title:
Signed, sealed and delivered
in our pr:sence as witnesses:
Print Name:
LIGHT COMPANY,
By:
ate Project Manager
[Acknowledgements on next page]
Page 2
ACKNOWLEDGEMENTS
STATE OF FLORIDA 1
)ss:
COUNTY OF PALM BEACH)
On this 2 day of ,!$~bd , 2007, beforee, th 7,~ed notary
public, personally appeared / LhIS t (- ___ . 7
of The Benjamin Priiate School,’Inc., a Florida
corporation, pe on lly known to me to be the person who subscribed to the foregoing instrument
or who has pr Qd , as identification, and acknowledged that
he/she executed the same on behalf of said corporation and that he/she was duly authorized to do
so *
IN WITNESS WHEREOF, I hereunto set my hand
NOTARY B’UBLiC-S’Tm OF FLORIDA
STATE OF FLORIDA JaneAnn Schaas
) Commission # DD471133 )ss: hires: SEE 12, 2009 COUNTY OF PALM BEACH
On this25 day of , 2007, before me, the undersigned
notary public, personally appeared J. f7. Corson, CoGorate Real Estate Area Manager of Florida
Power & Light Company, a Florida corporation, personally known to me to be the person who
subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of
said corporation and that he was duly authorized so to do.
+
-
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORJDA
Print Name: JL/i! /he@ hi. ,&h~ cl A
PMR\AgreementsWon-Disbr~nce Agreement
Page 3
EXHXBJT A
LEGAL DESCRIPTION
PARCELONCENTRALBOULEVARD
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE
OF DONALD ROSS ROAD WITH THE WEST RIGHT-OF-WAY LINE OF
CENTRAL BOULEVARD; THENCE, SOUTH 00°48’04” WEST, ALONG SAID
BEGINNING.
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF
THENCE, CONTINUE SOUTH 00°48’04” WEST ALONG SAID WEST IUGHT-OF-
WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 89°11’56” WEST,
TO THE INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH
SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST
DEPARTNG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 944.95 FEET
ONE-HALF OF SAID SECTION 25; THENCE, NORTH 01°17’32” EAST, ALONG
ONE-QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH Ol02O’37”
EAST, ALONG THE WEST LINE OF THE NORTH ONE-HALF OF SAID SECTION
25, A DISTANCE OF 1274.76 FEET; THENCE, SOUTH 89°51’04” EAST,
DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEET
TO THE POINT OF BEGINNTNG.
L= 128. I 1 '
' 15'44 '
10' F.P.&L, WMNT
16550, PG.1565)
SI 1'56'36% 14.
20' W.M.M.E.
N00'56'39"E 275.40'- - -
f140.38' 27,5)0' f MU5636 L 280.45'
-S89'11 5tYE
S00'56'36')Y 275.81'
WART c-- Of RM,T 'A' R=36 7.00' L= 74.94'
LJ3 RE 13932.56' L=20.00' -2
N89'11'SS"W 113.37'
2j
2 P'
- N00'48'04'E 2336.43' --- - t
ORB 5207, PhGE 349)
b) \-C/L CENTRAL 0&VD - - ~ rt 8 -
Upper SchooRMaster I Signage POOSCurren
(CONTINUED FROM SHEET 1 OF 7)
1238'35" EAST, A DISTANCE OF 20.01 FEET TO THE POINT OF CURVATURE OF A CURVE
TO THE LEFT, HAVING A RADIUS OF 169.19 FEET; THENCE, NORTHERLY, ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 28"58'19', A DISTANCE OF 85.55 FEET TO THE
POINT OF TANGENCY ; THENCE, NORTH 15"19'44" WEST, A DISTANCE OF 20.02 FEET TO
THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVlNG A RADIUS OF 80.00
THWESTERLY, ALONG SAID CURVE, THROUGH ACENTRALANGLE OF
CE OF 109.27 FEET TO THE POINT OF REVERSE CURVATURE OF A
ORTHERLY, HAVJNG A RADIUS OF 136.05 FEET; THENCE, WESTERLY,
'20'17'. A DISTANCE OF 67.29
OF A CURVE CONCAVE
E, NORTHWESTERLY, ALONG
DISTANCE OF 41.34 FEET TO
RSE CURVATURE OFA CURVE CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 105.003ET; THENCE, NORTHWESTERLY, ALONG SAID CURVE, THROUGH
FEET: THENCE NO
04"34'39'WEST, A D
SAID STRIP BEING SPECIFICALLY DESCRBED
RECORD
-
.- f .-:
DESCRIPTION OF: FLORIDA POWER ANI& ,WHT EASEMENT
FILE: 10' FPL blE 7/14/2003 I Bv: KVC KKD 1 W.O.NO.: P233 I SHECrr 2 OF 7
Book1 6550/Pagel567
I
Page 3 of 8
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Benjamin School
Palm Beach Gardens, Florida
Master P.U.D. Site Plan SP-3 of 3
I "&
\ Concrete cap
14-1/2' 6 4' Pin-mwnkd ?
--
Textured stucco sample
Note: Sign to either be uplight or lit via wide-angle warm white LED lights embed-
ded into trim pieces. LEDs to illuminate yellow background and create an evenly lit
background for the text to be read against. Hollow aluminum construction will be
required for LED illumination option.
N e
0
r
, .F -- Benjamin Upper School
Proposed Ground Sign
11 -05-07
C
I 1'-2" ~
I 2-6" ,
3-0"
DIF MONUMENT SIGN LAYOUT SCALE:l I2 w= 1 '-0"
FABRICATE & INSTALL ONE (1 ) DOUBLE FACE FREESTANDING MONUMENT SIGN. CABINET TO BE OF ALUMINUM OVER
ALUM. ANGLE FRAME. PRIME COAT & FINISH SIMULATED STUCCO TO MATCH BUILDING COLOR. COW TO BE OF CAD
CUT, 1 /4" PLATE ALUMINUM, PRIME COATED & FINISHED BLACK ACRYLIC POLYURETHANE.
CABINET TO BE ILLUMINATED VIA. WASH LIGHTING FROM TOP & BOTTOM EMBELLISHMENTS, W/ FLUORESCENT TUBES.
6.0
I
FULL PENT. & CONTINUOUS WELD
SUPPORT TO ANGLE SADDLES, Typ:
CABINET OF ALUMINUM OVER 1 112" X 1 112"
3'0
-- 1
3/16" ALUM. ANGLE FWE
SECTION MODULUS:
60X 50 X 3 X 12 = 3.60 SM REQ.D
30,000
/NE (1) 5" DIA. STEEL PIPE, SM. OF 5.45 (OK)
CAISSON FOUNDATION
MOM-SIGN-3 (6x10') 30.25 - L6 = 6005 FT L6S
FT
MOM-FOOTER- 1.5 (1.5 X 3') 1066 L6 = 7195.5 FT LBS -
Ff
- ..
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BACKGROUND
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Date Prepared: January 4,2005
RESOLUTION 16,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES PROPOSAL FOR THE BENJAMIN UPPER SCHOOL
PLANNED UNIT DEVELOPMENT LOCATED ON THE WEST SIDE OF
CENTRAL BOULEVARD APPROXIMATELY ONE-QUARTER MILE
SOUTH OF DONALD ROSS ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF
APPROVAL: AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 21,2000, the City Council approved Ordinance 30,
with conditions and waivers allowing the rezoning of 50 acres of land from Planned
Development Area (PDA) to Pu blic/lnstitutional (PII) with a Planned Unit Development
(PUD) Overlay, in order to construct a 187,671 -square-foot private high school campus,
located at the northwest corner of the intersection of Central Boulevard and Grandiflora
Road; and
WHEREAS, on February 6,2003, the City Council approved Ordinance 4,2003 with
conditions and waivers allowing an amendment to the Benjamin Private High School
Planned Unit Development by allowing an increase in on-site upland preserve area, off-site
mitigation of the wetland preserve area, relocation and redesign of the athletic fields,
relocation of the field house and associated parking, and minor modification to the
approved architectural elevations; and
WHEREAS, the 50-acre site is currently zoned PubIicAnstitutional (PA) with a
Planned Unit Development (PUD) Overlay and a future land use designation of Residential
Low (RL); and
WHEREAS, Urban Design Studio, agent for The Benjamin Private School, Inc., has
submitted an application (AIPP-04-02) seeking the approval of the proposed work of art for
the Benjamin Private High School, located as more particularly described herein; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on December 15, 2004, the Art in Public Places Advisory Board
reviewed said application and recommended approval to the City Council; 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.
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Date Prepared: January 4,2005
Resolution 16,2005
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 proposed art for the Benjamin
Private High School located on the following described real property:
LEGAL DESCRIPTION:
THE BENJAMIN SCHOOL, AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH
135, IN THE OFFICIAL RECORD BOOKS OF PALM BEACH COUNTY, FLORIDA.
SECTION 3. Said approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1. Master PUD Site Plan SP-1 by Urban Design Studio, dated November 19,2004.
2. Landscape Plan Sheet 1 by Urban Design Studio, dated November 19,2004.
3. Benjamin High School Art in Public Places Preliminary Cost Estimate totaling
$258,180 dated, November 19,2004.
4. Photographic renderings of work of art entitled “Journeys” by John Raimondi,
dated November 19,2004.
SECTION 4. Said site plan approval shall comply with the following additional
condition, which shall be binding upon the applicant, its successors, assigns, and/or
grantees:
1. The applicant shall be responsible for maintenance of the proposed lighting and
the approved art in public places. (Planning & Zoning)
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant‘s agents at any workshop or public
hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 4,2005
Resolution 16,2005
PASSE0 AND ADOPTED this lp day of 6k?Rday- ,2005.
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CITY OF -GARDENS, P FLORIDA
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15 City Clerk
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APPROVED AS TO FORM AND
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khrktine P. Tatum, Citf Attorney
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\\Pbgsfile\Altorneybttorney-share\RESOLUTlONSbenjarnin upper school - AlPP - reso 16 2005.doc
3
d
CITY OF PALM BEACH GARDENS
10500 N. MILTARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
January 18,2005
Ms. Anne Booth, Principal
Urban Design Studio
477 South Rosemary Avenue
Suite 225, The Lofts at City Place
West Palm Beach, Florida 33401
Re : Adm in is trative Approval
Petition ADMIN-04-77- Benjamin High School Minor Modifications
Dear Ms. Booth:
City staff and members of the Development Review Committee have reviewed Petition
ADMIN-04-77 for administrative approval of an amendment to the Benjamin High
School Planned Unit Development. In accordance with Section 78-48(g), Site Plan
Review, Administrative Site Plan Changes, of the City’s Land Development Regulations,
administrative approval is hereby granted to Petition ADMIN-04-77 to allow the following
minor changes:
1. Modification of the tennis court area layout;
2. Addition of an six-foot (6’) wide sidewalk at the tennis court area;
3. Addition of four 9’-”’-wide x 19’-6”-long cabanas and one 10’-wide x 21’-long
cabana with aluminum structures and vinyl covers colored Patio 500 - #510 Dark
Green;
4. The addition of a memorial monument area; and
5. The modification of landscape plans to include planting materials at the memorial
monument site and 23 live oak trees along Grandiflora Road.
This administrative approval shall be subject to the following condition:
1. Only vinyl, and not canvas, coverings shall be permitted with a minimum 17-
ounce reinforced grade or equivalent for the five cabanas approved herein.
(Development Compliance; Building Services Department)
This administrative approval shall be in accordance with the following plans and
documents filed in the Growth Management Department:
Petition ADMIN-04-77
January 18,2005
1. Master PUD Site Plans, SP-1 through SP-4, dated and submitted November 12,
2004, by Urban Design Studio.
2. Landscape Plans, Sheets 1 through 4, dated November 12, 2004, by Urban
Design Studio.
3. Cabana aluminum structure specifications, 2 sheets, by American Awning
Company dated September 17,2004, and received October 4,2004.
4. Color sample “Dark Green-510” for “Patio 500” vinyl laminate cabana covers by
John Boyle & Company, Inc.
If you have any questions, please feel free to contact Jackie Holloman, Planner, at 799-
4243.
Sincerely your pd&&kb
Tala1 Benothman, AlCP
Planning and Zoning Director
cc: Bahareh Wolfs, Development Compliance Officer
Todd Engle, Interim Building Services Director
Bud Brown, Chief Building Official
Kelvin Wise, Code Enforcement Supervisor
Lisa Scalabrin, Accounting Technician
Jackie Holloman, Planner
g/JHolloman/ Benjamin School Minor Amendment/ADMIN-04-77/Approval Itr
2
CITY OF PALM BEACH GARDENS
10500 N. MILTARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
Ms. Anne Booth
Principal
Urban Design Studio
477 South Rosemary Avenue
Suite 225, The Lofts at City Place
West Palm Beach, Florida 33401
Re: Petition ADMIN-03-63 - Benjamin High School Planned Unit Development
Minor Changes
Dear Ms. Booth:
City staff and members of the Development Review Committee have reviewed Petition
ADMIN-03-63 for administrative approval of an amendment to the Benjamin High
School Planned Unit Development. In accordance with Section 78-48(g), Site Plan
Review, Administrative Site Plan Changes, of the City’s Land Development Regulations,
administrative approval is hereby granted to Petition ADMIN-02-35 to allow the following
minor changes:
1. Redesign of the southern entrance drive adjacent to the visitor parking area;
2. Addition of restroom facility centrally located in the sports field area;
3. Update of the site and landscape plans to reflect field adjustments to the location
of the pathway as coordinated with the City Forester;
4. Correction of a site planning error which increases the width of the littoral zone in
the southern lake from IO’ to 20’, as referenced in the approved cross-sections;
5. Correction of an error to the color reference that was identified on the plan for
one of the buildings. All buildings are to be the same combination of wall and
trim colors: Sherwin Williams Honeysuckle SW1383 and Heron White SW2425,
previously approved ;
6. Location of the left turn lane within the Central Boulevard median at the
intersection of Central and Grandiflora Road;
7. An increase in width from 20’ to 30’ of the Seacoast Utilities Authority easement
centrally located within the northern preserve and the corresponding adjustment
of the preserve area east of the track to maintain the required amount of
preserve area;
Petition ADMIN-03-63
June 17,2004
8. A slight modification to the color of the roof tile as a result of the manufacturer of
the previously approved color going out of business; and
9. A slight modification to the color of the window glass as a result of a change to
the building code which now requires missile impact resistant glass, which in turn
changed the composition of the glass.
This approval shall be in accordance with the following conditions:
1. Prior to issuance of the first certificate of occupancy, the applicant shall provide
written verification to the Growth Management Department and the City Engineer
of compliance with the four following conditions as also set forth in the attached
letter dated April 30, 2004, from Florida Power & Light (FPL) to Jonathan T.
Ricketts: (City Engineer)
The twenty-five foot (25’) area designated as “Utility Easement’’ (“Right-of-
Way”) as shown on the Plat along the Benjamin School western property
line shall be kept clear of landscaping and other improvements or
obstructions so that FPL vehicles with outriggers can access that corridor
when necessary. The grade within the Right-of-way shall not exceed the
height to which it currently exists along the Benjamin School western
property line. (City Engineer)
Any chain link fence installed shall be located east of that twenty-five foot
(25’) Right-of-way (Le., the western boundary of the landscape
easement). (City Engineer)
The proposed roadway at the southern end of the Benjamin School
property, which is depicted as a public road on the Plat, shall either be
publicly dedicated or FPL shall be given access via that route to the Right-
of-Way. (City Engineer)
The drainage area on the northern boundary of the property going in an
east-west direction, which is dedicated to the Northern Palm Beach
County Improvement District (NPCID) for canal purposes on the Plat, shall
be built with a culvert under the Right-of-way so that the canal does not
impede FPL emergency and operational access to the Right-of-way. (City
E ng i n ee r)
Furthermore, this approval shall be in accordance with the following documents and
materials that are on record in the Growth Management Department:
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Petition ADMIN-03-63
June 17,2004
1. Master PUD Site Plan, SP-1 through SP-4, dated and submitted June 7,2004, by
Urban Design Studio.
2. Landscape Plan, Sheets 1 through 3, dated June 7, 2004, and Sheet 4 dated
March 25, 2004, by Urban Design Studio
3. Architectural Plans A3.1 .I Building #I - AdministrationlMedia Building; A3.2.1
Building #2 - Performing Arts Building; A3.3.1 Building #3 - Physical Education
Building; A3.4.1 Building #4 - Lab Classrooms; A3.4.2 Building #4 - Lab
Classrooms; A3.5.1 Building #5 - Classroom Building; A3.5.2 Building #5 -
Classroom Building; A3.6.1 Building #6 - Classroom/Lab II Building; A3.7.1
Building #7 - Food Service Building dated August 11 , 2003; and A3.8.1 Playfield
Restrooms - Site dated August 13, 2003, by Schwab, Twitty & Hanser.
4. Wall and Trim Color Samples Sherwin Williams Honeysuckle SW1383 and Heron
White SW2425; Flat Concrete Roof Tile - Palm Island Green; and Glass Color -
Evergreen.
If you have any questions, please feel free to contact Jackie Holloman, Planner, at 799-
4243.
Very truly yours,
Tala1 Benothman, AlCP
Planning and Zoning Director
cc: Bahareh Wolfs, Development Compliance Officer
Todd Engle, Construction Services Administrator
Bud Brown, Interim Building Official
Kelvin Wise, Code Enforcement Supervisor
Lisa Scalabrin, Accounting Technician
Jackie Holloman, Planner
g/JHolloman/ Benjamin School Minor AmendmenVADMIN-03-63 Benj Schl aprvl Itr
3
Date Prepared February 5,2003
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 4,2003
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF AN AMENDMENT TO THE BENJAMIN
PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT
BY ALLOWING AN INCREASE IN ON-SITE UPLAND
PRESERVE AREA, OFF’-SITE MITIGATION OF TIIE
WETLAND PRESERVE AREA, RELOCATION AND REDESIGN
OF THE ATHLETIC FIELDS, RELOCATION OF THE FIELD
HOUSE AND ASSOCIATED PARKING, AND MINOR
MODlFICATION TO THE APPROVED ARCHJTECTURAL
MILE SOUTH OF DONALD ROSS ROAD ON THE WEST
SIDE OF CENTRAL BOULEVARD, AND AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
ELEVATIONS, LOCATED APPROXlMATELY ONE-HALF
WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-05) fiom the
Benjamin Private School, Inc., for approval of an amendment to apreviously-approved Planned Unit
Development (PUD) (Ordinance 30,2000), known as the Benjamin Private High School to allow for
the modification and increase to the on-site upland preserve area, the off-site mitigation of the wetland
preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated
parking, and minor modification to the approved architectural elevations, located approximately one-
half mile south of Donald Ross Road on the west side of Central Boulevard, as more particularly
described in Exhibit “A” attached hereto; and
WHEREAS, the Growth Management Department has reviewed said application and determined that
it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and
WHEREAS, the subject site is zoned Planned Unit Development (PUD) Overlay with an underlying
zoning of Publichstitutional @/I) and a land-use designation of Residential Low (RL); and
WHEREAS, on October 22,2002, the City’s Planning and Zoning Commission held a public hearing
and recommended approval of the subject petition; and
I
Date Prepand: February 5,2003
Ordinance 4.2003
WHEREAS, the City Council has determined the adoption of this Ordinance to be 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:
SECTION 1: The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2: The City Council hereby approves the application of Benjamin Private School, Inc.,
for an amendment to the Benjamin Private High School Planned Unit Development, to. allow the
modification of and increase to the on-site upland preserve area, the off-site mitigation of the wetland
preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated
parking, and minor modification to the approved architectural elevations, located approximately one-
half mile south of Donald Ross Road, on the west side of Central Boulevard.
SECTION 3: Said amendment to the Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors or assigns:
1.
2.
3.
4.
5.
Prior to issuance of the first building permit, the applicant shall perform a detailed design of
the south Grande Flora right-of-way line to verify that a maximum 3 to 1 (horizontal to
vertical) slope to the existing preserve shall be obtained. Should the slope exceed 3 to 1, the
applicant shall provide a retaining wall with a pedestrian handrail, which shall be reviewed
and approved by the City Engineer prior to construction. (City Engineer)
The applicant shall be required to shield all light fixtures within the recreational areas from
direct glare onto the adjacent residential properties. In addition, the applicant shall limit
spillover to 0.5 foot-candles at the nearest residential property line. (City Engineer)
Required digital files of approved plat in its entirety transformed to NAD 83 State Plan
Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance
of the first building permit. Approved civil engineering as-built design and architectural
drawings shall be submitted to the Planning and Zoning Division prior to issuance ofthe first
Certificate of Occupancy. (GIs Manager and Development Compliance)
If any utility installations, grade changes, or other modifications to the site should cause the
on-site upland preserve acreage to become less than 8.96 acres, the applicant shall return to
the City Council for review and approval of a PUD amendment to address upland preserve
mitigation. (City Forester)
Condition No. 1 of Ordinance 30,2002, shall be amended to read, ‘‘W
Within six (61 months from the issuance of the clearing Dennit, the
2
Date Prepared: February 5,2003
Ordinance 4,2003
applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System,
including landscaping, irrigation, lighting and related amenities to City specifications per the
citywide streetscaping beautification program, in the road shoulders and median within the
right-of-way, along Central Boulevard and the hture East-West Roadway. The City shall
require as a condition of approval of any new project located on the east side of Central
Boulevard, across from subject site, that they bear the proportionate share of the cost of the
continued maintenance thereof In the event a Special Parkway District is formed by the
City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance
around this project, the property owner, or its successors, shall immediately become a
member of said district. The exact location of irrigation lines and electrical sleeving shall be
determined at time of construction plan approval. The Growth Management Director may
pnt a one-time three-month time extension movided a good faith effort is being made by
the applicant to install the rewired landscaping, irrigation, lighting, and related amenities.
The liehtine plan. with an minimum intensity of 0.6 foot-candles and an average of 1 .O foot-
candle. for the meandering pedestrian sidewalk within the meserve area shall be submitted
for approval by the Citv Engineer within 30 days of amroval of the development order. The
lid-iting fixtures shall not exceed 12 feet in heiht. (City Forester; City Engineer)
6. All previous conditions of Ordinance 30,2000, shall remain in effect. (Planning & Zoning)
SECTION 4: City Council hereby grants the following waivers with this approval:
1. A waiver to allow building permits for excavation and fill and vertical structure to be issued
pnor to plat approval. Section 78-441(c) requires boundary plat approval pnor to issuance
of a building permit; and
2. A waiver to allow all parking spaces, except handicap parking spaces, to be 9.5’ wide x 18.5’
long. Section 78-344(1)(1) of the LDRs requires IO’ x 18.5’ parking spaces.
3. A waiver to eliminate littoral plantings on the shelf area below the water line of the north
Lake 2 and install littoral plants only around the lake’s edge. Section 78-332 of the code
requires littoral planting on lakes that are larger than one acre in size.
SECTION 5: Amendment to the Benjamin School Planned Unit Development shall be in
compliance with the following plans on file with the City’s Growth Management Department:
1.
2.
3.
4.
December 20,2002 Master PUD Site Plan, Urban Design Studio, sheets SP-1 - SP-4.
December 20,2002 Landscape Plans, Urban Design Studio, sheets 1 - 5.
December 20,2002, PUD Parkway Plan (sections and plan views), Urban Design Studio,
Section A-A.
June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio,
Sections C-C, and D-D.
3
Date Prepared: February 5,2003
Ordinance 4,2003
5.
6.
7.
8.
April 4,2002, Architectural Elevations and Plans, Schwab, Twitty, and Hanser, Sheets
A1.1.0 throughA 3.7.1,23 sheets.
' December 20,2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets.
April 13,2002, Boundary and Topographic Survey, Schaeffer Fagan, 2 sheets.
December 19,2002, Site Photometric Plan, KAMM Consulting, 7 sheets.
SECTION 6: If'any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
SECTION 7: This approval expressly incorporates and is contingent upon representations made by
the applicant's agents at all workshops and public hearings pertaining to this project.
SECTlON 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 9: This ordinance shall become effective upon the day of adoption.
[This space intentionally left blank.]
Date Prepared: February 5,2003
Ordinance 4,2003
PASSED, FIRST READING this /c" dayof &WURlr(L2003.
PASSED, SECOND READING this bm dayofmw ,2003.
PASSED, ADOPTED AND APPROVED this 6 day of fM"";l ,2003.
---.#EL VICE MAYOR SABATELLO
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
GM on Pbg ... NHollomadfoldcr Eenjamin schoaVPUD-02 OS Benj schl Ord.doc
I KEREBY CERTIFY that I have
approved this ORDINANCE
as to form. a&
LEONARD RUBIN, CIn AlTORNEY
AYE NAY ABSENT
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Ordinance 30,2000
Date Prepared: December 8,2000
ORDINANCE 30,2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE APPLICATION OF THE BENJAMIN
PRIVATE SCHOOL, INC., FOR REZONING OF 50 ACRES
OF LAND, LOCATED AT THE NORTHWEST CORNER OF
THE INTERSECTION OF CENTRAL BOULEVARD AND AN
PARTICULARLY DESCRIBED HEREIN, FROM PLANNED
DEVELOPMENT AREA (PDA) TO PUBLlCllNSTlTUTlONAL
(PlI) WITH A PLANNED UNIT DEVELOPMENT (PUD)
OVERLAY, IN ORDER TO CONSTRUCT A 187,671
SQUARE FOOT PRIVATE HIGH SCHOOL CAMPUS;
PROVIDING FOR WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
UNNAMED FUTURE EAST-WEST ROAD AS MORE
WHEREAS, the City of Palm Beach Gardens received an application
from The Benjamin Private School, Inc., for approval of rezoning of 50 acres
of land located at the northwest corner of the intersection of Central
Boulevard and unnamed future east-west road from Planned Development
Area (PDA) to Public/lnstitutional (P/I) with a Planned Unit Development
(PUD) overlay as more particularly described in Exhibit “A attached hereto;
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the City’s
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the planned unit development (PUD) known
Private Upper School”; and
WHEREAS, the City’s Planning and Zoning
reviewed said application and recommended that it be
requested waivers and subject to certain conditions.
1
as “The Benjamin
Commission has
approved with the
Ordinance 30,2000
Date Prepared: December 8,2000
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby rezones 50 acres of land owned by The Benjamin School,
Inc., located at the northwest corner of the intersection of Central Boulevard
and unnamed future road, as more particularly described in Exhibit “A”
attached hereto and incorporated herein by this reference, from Planned
Development Area (PDA) to Publicllnstitutional (PA) with a Planned Unit
Development (PUD) overlay, in order to allow the construction of a 187,671
square foot private high school campus. The PUD will be known as “The
Benjamin Private Upper School.”
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions which shall be the responsibility of the applicant, its
successors or assigns:
(1) Prior to issuance of the certification of completion for the athletic
fields or the first certificate of occupancy, whichever first occurs, the
applicant, successors or assigns shall install and maintain in
perpetuity, the Parkway System, including landscaping, irrigation,
lighting and related amenities to City specifications per the citywide
streetscaping beautification program, in the road shoulders and
median within the right-of-way, along Central Boulevard and the
future East-West Roadway. The City shall require, as a condition
of approval of any new project located on the east side of Central
Boulevard, across from subject site, that they bear the proportionate
share of the cost of the continued maintenance thereof. In the event
a Special Parkway District is formed by the City of Palm Beach
Gardens, or another entity, pertaining to the roadway maintenance
around this project, the property owner, or its successors, shall
immediately become a member of said District. The exact location
of irrigation lines and electrical sleeving shall be determined at time
of construction plan approval. (City Forester)
(2) Prior to the issuance of Certificate of Occupancy, all exotic
vegetation shall be removed from the site. (City Forester)
(3) Prior to the issuance of first buildinq permit, the applicant must
submit a letter from Northern Palm Beach County Improvement
District (NPBCID) that verifies the release of all tiedholdings that
2
Ordinance 30,2000
Date Prepared: December 8,2000
NPBCID has or plans to have in the future with the lakes on the
Benjamin School site. All lakes will be required to remain privately
owned and shall be maintained in accordance with a manage-ment
plan consistent with section 117 of the Citv's LDRs. The
management plan must be submitted bv the applicant and approval
by the Citv Enqineer prior to the first certificate of occupancy. (City
Engineer, Planning & Zoning)
No building permits except for the clearing of exotic vegetation shall
be issued until a revised Surface Water Management System for
Unit 2 has received final approval from the City of Palm Beach
Gardens and all other applicable governments and agencies,
including a schedule for implementing the plan and a definitive
commitment for funding from the required improvements, unless
otherwise approved bv the Citv Engineer. (City Engineer, Planning
and Zoning)
The build-out date of this project is December 31, 2004 as
referenced in their March IO, 1999 traffic impact analysis. For the
purposes of this condition, the project shall be considered built-out
if the student enrollment has reached the level as indicated in the
traffic impact analysis, or 50% of square footage approved by this
ordinance is completed. (Planning and Zoning)
(6) The number of students shall not exceed 490 as indicated in the
traffic impact analvsis. Enrollment shall be verified bv Citv staff. An
annual report indicatinq the number of students shall be submitted
to the City on or before December 31" of each year.
(7) Prior to the issuance of the permit for site drainage, the City shall
review and approve construction details for littoral zones, including
their location, slopes and vegetation. As a requirement, at least 50%
of the shoreline shall be planted with wetland trees and/or aquatic
plants at ten square feet of littoral zone for every one linear feet of
shoreline. There shall be a minimum of one tree for every 80 square
feet and plants shall be on three-foot centers, minimum. A sum total
of area(s) constituting no less than 15% nor more than 25% of the
total shoreline distance shall be constructed as littoral shelf at the
ratio of 10 square feet of shelf per running foot of shoreline. (City
Engineer)
(8) Prior to issuance of the first certificate of occupancy, the applicant
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Ordinance 30,2000
Date Prepared: December 8,2000
shall submit all legal documents pertaining to ownership and
maintenance of the property to the City for review by the City‘s legal
counsel and the City Forester. (Planning and Zoning, City Engineer)
The open spacehandscape maintenance and environmental
preserve management plan shall be found sufficient by the City
Forester prior to final approval of construction drawings or
commencement of land alteration. The City shall review documents
for landscaping maintenance and management language that meets
or exceeds the City’s guidelines included in the City’s Landscape
Handbook and City Codes. (Planning and Zoning)
The City will assess the Developer a pro-rata share of the City’s cost
to review and comment on Northern Palm Beach County
Improvement District’s (NPBCID) Unit 2 Environmental Resource
Permit Modification based upon the project’s acreage within
NPBCID’s Unit 2. (City Engineer)
/I 1) Prior to issuance of the first buildina permit, the petitioner shall
submit construction plan drawings that indicate a sidewalk alonq the
southern side of the East-West Road riqht-of-wav, in accordance
with the LDRs.
SECTION 3. The following waivers are hereby granted with this
approval:
0 Section 76, to allow for a 53 foot high structure to exceed code
requirement by 8 feet.
0 Section 180 (3), Number of Parking Spaces in excess of 10% required
parking.
0 Section 282, Lake Maintenance Tract, to allow for vertical structures
within the 25 foot Lake Maintenance Easement.
SECTION 4. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City’s Growth
Management Department:
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3.
Date Stamped November 29, 2000 Master Site Plan, Urban
Design Studio, Sheets SP-1 through SP-3.
September 7,2000 Engineering and Landscape Plan, Urban
Design Studio, 1 Sheet.
October 3, 2000 Landscape Plans, Urban Design Studio,
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Date Prepared: December 8,2000
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Sheets 1 through 6.
September 8, 2000 Plant List and Detail Sheet, Urban Design
Studio, 1 Sheet.
September 7,2000 PUD Parkway Plan, Urban Design Studio,
12 Sheets.
April 5, 2000 Architectural Elevations and Plans, Schwab,
Twitty and Hanser, Sheets A-1.1.1 through A-3.1.3 and A-
3.1.5.
August 9, 2000 Architectural Elevations, Schwab, Twitty and
Hanser, Sheet A-3.1.4.
July 6,2000 Sports Complex Lighting Design, Hubbell Lighting,
1 Sheet
October 2, 2000 Photometric Plan, AGI , 1 Sheet
October 6, 2000 Conceptual Drainage Plan, Scheaffer and
Fagan, 2 Sheets.
April 13,2000 Boundary and Topographic Survey, Benchmark
Surveying, 2 Sheets.
March IO, 1999 Traffic Impact Analysis, Kimley - Horn
Associates, 17 pages
March, 1999 Environmental Assessment, E.W. Consultants, 16
pages.
SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of
this Ordinance is for any reason held by a court of competent jurisdiction to
be unconstitutional, inoperative or void, such holding shall not affect the
remainder of the Ordinance.
SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach
Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 7. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THE 2nd DAY OF NOVEMBER 2000.
PLACED ON SECOND READING THIS - DAY OF 200-.
200-.
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Ordinance 30,2000
Date Prepared: December 8,2000
INTERIM CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
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J
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\\FILE-SRV\COMPROG\Short Range\pud0001 or1 .doc
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ORDINANCE 3,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 30, 2000
AND ORDINANCE 4, 2003 RELATING TO THE BENJAMIN
PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT
LOCATED AT THE NORTHWEST CORNER OF CENTRAL
BOULEVARD AND GRANDIFLORA ROAD TO TRANSFER THE
SITE PLAN APPROVAL AND RELATED WAIVERS AND
CONDITIONS TO A SEPARATE RESOLUTION; AND PROVIDING
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16 2000 approving the Benjamin Private
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2000, the City Council adopted Ordinance 30,
High School Planned Unit Development (PUD);
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WHEREAS, on February 6, 2003, the City Council adopted Ordinance 4, 2003
approving the modification of and increase to the on-site upland preserve area, the off-
site mitigation of the wetland preserve area, relocation and redesign of the athletic
fields, relocation of the field house and associated parking, and minor modifications to
the approved architectural elevations; and
WHEREAS, on June 17, 2004, and January 18, 2005, Administrative Approvals
were granted to allow minor modifications to the site plans, landscape plans,
architectural plans, and colors; and
WHEREAS, on February 17, 2005, the City Council adopted Resolution 16,
2005, which approved the artwork entitled “Journeys” by John Raimondi, and the
artwork is now located within the median of the entry way off Grandiflora Road; and
WHEREAS, the City has received a request (Petition MISC-07-10-000036) from
Urban Design Studio, on behalf of the Benjamin Private School, Inc., to amend
Ordinance 30, 2000 and Ordinance 4, 2003 to allow a monument sign to be located at
the northwest corner of Central Boulevard and Grandiflora Road within a Florida Power
& Light (FPL) easement; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is more appropriate that the site plan approval and the
waivers and conditions related thereto be transferred to Resolution 11 , 2008 of the City
Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
Date Prepared: January 3,2008
Date Prepared: January 3, 2008
Ordinance 3. 2008
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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. Section 1 of Ordinance 30, 2000 is amended to read: The City
Council of the City of Palm Beach Gardens, Florida, hereby rezones 50 acres of land
owned by The Benjamin School, Inc. located at the northwest corner of the intersection
of Central Boulevard and Grandiflora Road -, as more particularly
described herein, tn-bhh4 zHzsh@@-d !ww+&4k
from Planned Development Area (PDA) to Public/lnstitutional (PA) with a
Planned Unit Development (PUD) overlay., ir: order to a#ew-t!iu co,nstw&tcr: of a
LL All ..
1Q7 E71 The PUD will be known as “The
LEGAL DESCRIPTION:
PART OF TRACT “A OF THE BENJAMIN SCHOOL PLANNED UNIT DEVELOPMENT
AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH 135, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SECTION 3. Sections 2, 3, and 4 of Ordinance 30, 2000 and Sections 3, 4, and
5 of Ordinance 4, 2003 are hereby transferred to Resolution 11, 2008. The remaining
sections of Ordinance 30, 2000 and Ordinance 4, 2003 shall be renumbered
accordingly.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 3, 2008
Ordinance 3, 2008
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PASSED this day of , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G : \att rney-sh ?\ORDINANCES\Benjarnin Schoc Monurner
FOR AGAINST
Sign - or
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3 2008.doc
ABSENT
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RESOLUTION 11,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING THE BENJAMIN
PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT (PUD)
TO ALLOW A MONUMENT SIGN TO BE LOCATED AT THE
NORTHWEST CORNER OF CENTRAL BOULEVARD AND
GRANDIFLORA ROAD, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 21, 2000, the City Council adopted Ordinance 30,
2000 approving the Benjamin Private High School Planned Unit Development (PUD);
and
WHEREAS, on February 6, 2003, the City Council adopted Ordinance 4, 2003,
which approved the modification of and increase to the on-site upland preserve area,
the off-site mitigation of the wetland preserve area, relocation and redesign of the
athletic fields, relocation of the field house and associated parking, and minor
modifications to the approved architectural elevations; and
WHEREAS, on June 17, 2004, and January 18, 2005, Administrative Approvals
were granted to allow minor modifications to the site plans, landscape plans,
architectural plans, and colors; and
WHEREAS, on February 17, 2005, the City Council adopted Resolution 16,
2005, which approved the artwork entitled “Journeys” by John Raimondi, and the
artwork is now located within the median of the entry way off Grandiflora Road; and
WHEREAS, the City has received a request (Petition MISC-07-10-000036) from
Urban Design Studio, on behalf of the Benjamin Private School, Inc., to allow an entry
monument sign to be located at the northwest corner of Central Boulevard and
Grandiflora Road; and
WHEREAS, the City has received an executed copy of a “Non-Disturbance
Agreement” between the Benjamin Private School, Inc. and Florida Power & Light
Company, which allows the monument sign to encroach into a five-foot-wide utility
easement; and
WHEREAS, the Planning,
November 27, 2007, and voted 7
Zoning, and Appeals Board held a public meeting on
.O to recommend APPROVAL to the City Council; and
Date Prepared: January 2,2008
Date Prepared: January 2, 2008
Resolution 11, 2008
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WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is 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. An amendment to the Benjamin Private High School Planned Unit
Development (PUD) is hereby APPROVED to allow a monument sign to be located at
the northwest corner of Central Boulevard and Grandiflora Road on the following
described real property:
LEGAL DESCRIPTION:
PART OF TRACT “A OF THE BENJAMIN SCHOOL PLANNED UNIT DEVELOPMENT
AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH 135, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
amends and approves the following waivers:
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S&ttm-& Section 78-144, Table 11, Pub/ic//nsfitufiona/, to allow for a 53-
foot-high structure to exceed Code requirement by 8 feet.
n 1 Qn (3), Section 78-345(d)(I Number of parking spaces required,
in excess of 10% required parking.
E& Section 78-563, Lake maintenance
fracfs, to allow for vertical structures within the 25-foot lake maintenance
easement.
A waiver to allow building permits for excavation and fill and vertical
structure to be issued prior to plat approval. Section 78-441(c) requires
boundary plat approval prior to the issuance of a building permit.
A waiver to allow all parking spaces, except handicap parking spaces, to be
9.5’ wide x 18.5’ long. Section 78-344(1)(1) of the LDRs requires IO’ x 18.5’
parking spaces.
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Date Prepared: January 2,2008
Resolution 11, 2008
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6. A waiver to eliminate littoral plantings on the shelf area below the water line
of the north Lake 2 and install littoral plants only around the lake’s edge.
Section 78-332 of the Code requires littoral planting on lakes that are larger
than one acre in size.
7. Section 78-285, Table 24, Ground siqn, to allow a 3.5-foot setback from the
road ria h t-of-wav .
SECTION 4. The following conditions are hereby included and shall be the
responsibility of the Applicant, its successors, or assigns:
- 1 ?.
23.
Prior to the issuance of the Certificate of Occupancy, all exotic vegetation
shall be removed from the site. (City Forester) SATISFIED
Prior to the issuance of the first building permit, the Applicant must submit a
letter from Northern Palm Beach County Improvement District (NPBCID)
that verifies the release of all tieslholdings that NPBCID has or plans to
have in the future with the lakes on the Benjamin School site. All lakes will
be required to remain privately owned and shall be maintained in
accordance with a management plan consistent with Section 117 of the
City’s LDRs. The management plan must be submitted by the Applicant
and approved by the City Engineer prior to the first Certificate of
Occupancy. (City Engineer, Planning & Zoning) SATISFIED
3
Date Prepared: January 2,2008
Resolution 11, 2008
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No building permits, except for the clearing of exotic vegetation, shall be
issued until a revised Surface Water Management System for Unit 2 has
received final approval from the City of Palm Beach Gardens and all other
applicable governments and agencies, including a schedule for
implementing the plan and a definitive commitment for funding from the
required improvements, unless otherwise approved by the City Engineer.
(City Engineer, Planning & Zoning) SATISFIED
The build-out date of this project is December 31, 2004, as referenced in
their March IO, 1999, traffic impact analysis. For the purposes of this
condition, the project shall be considered built-out if the student enrollment
has reached the level as indicated in the traffic impact analysis, or 50% of
the square footage approved by this Ordinance is completed. (Planning &
Zoning)
The number of students shall not exceed 490 as indicated in the traffic
impact analysis. Enrollment shall be verified by City staff. An annual report
indicating the number of students shall be submitted to the City on or before
December 31'' of each year.
Prior to the issuance of the permit for site drainage, the City shall review
and approve construction details for littoral zones, including their location,
slopes, and vegetation. As a requirement, at least 50% of the shoreline
shall be planted with wetland trees and/or aquatic plants at ten square feet
of littoral zone for every one linear feet of shoreline. There shall be a
minimum of one tree for every 80 square feet, and plants shall be on three-
foot centers, minimum. A sum total of area(s) constituting no less than 15%
or more than 25% of the total shoreline distance shall be constructed as
littoral shelf at the ratio of 10 square feet of shelf per running foot of
shoreline. (City Engineer) SATISFIED
Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
submit all legal documents pertaining to ownership and maintenance of the
property to the City for review by the City- Attorney and the
City Forester. (Planning & Zoning, City Engineer) SATISFIED
The open space/landscape maintenance and environmental preserve
management plan shall be found sufficient by the City Forester prior to final
approval of the construction drawings or commencement of the land
alteration. The City shall review documents for landscaping maintenance
and management language that meets or exceeds the City's guidelines
included in the City's Landscape Handbook and City Codes. (Planning &
Zoning) SATISFIED
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Date Prepared: January 2, 2008
Resolution 11, 2008
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944. The City will assess the Developer a pro-rata share of the City’s cost to
review and comment on Northern Palm Beach County Improvement
District’s (NPBCID) Unit 2 Environmental Resource Permit Modification
based upon the project’s acreage within NPBCID’s Unit 2. (City Engineer)
SATIS F I ED
lQ4. Prior to the issuance of the first building permit, the Applicant shall submit
construction plan drawings that indicate a sidewalk along the southern side
of the East-West Road right-of-way, in accordance with the LDRs. (City
Engineer) SAT1 SFl ED
lL2. Prior to the issuance of the first building permit, the Applicant shall perform
a detailed design of the south Grande Flora right-of-way line to verify that a
maximum 3 to 1 (horizontal to vertical) slope to the existing preserve shall
be obtained. Should the slope exceed 3 to I, the Applicant shall provide a
retaining wall with a pedestrian handrail, which shall be reviewed and
approved by the City Engineer prior to construction. (City Engineer)
SAT1 S F I E D
123. The Applicant shall be required to shield all light fixtures within the
recreational areas from direct glare onto the adjacent residential properties.
In addition, the Applicant shall limit spillover to 0.5 foot-candles at the
nearest residential property line. (City Engineer) SATISFIED
134. Required digital files of the approved plat in its entirety transformed to NAD
83 State Plan Coordinate System shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit. Approved
civil engineering as-built design and architectural drawings shall be
submitted to the Planning and Zoning Division prior to the issuance of the
first Certificate of Occupancy. (GIs Manager, Development Compliance)
SAT I S F I E D
145. If any utility installations, grade changes, or other modifications to the site
should cause the on-site upland preserve acreage to become less than 8.96
acres, the Applicant shall return to the City Council for review and approval
of a PUD amendment to address upland preserve mitigation. (City
Forester)
: Within six
GApp I i ca n t ,
successors, or assigns shall install and maintain in perpetuity, the Parkway
System, including landscaping, irrigation, lighting, and related amenities to
City specifications per the Citywide streetscaping beautification program, in
the road shoulders and median within the right-of-way, along Central
Boulevard and the future East-West Roadway. The City shall require as a
condition of approval of any new project located on the east side of Central
.. 136.
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Date Prepared: January 2, 2008
Resolution 11, 2008
1 Boulevard, across from the subject site, that they bear the proportionate
2 share of the cost of the continued maintenance thereof. In the event a
3 Special Parkway District is formed by the City of Palm Beach Gardens, or
4 another entity, pertaining to the roadway maintenance around this project,
5 the property owner, or its successors, shall immediately become a member
6 of said district. The exact location of the irrigation lines and electrical
7 sleeving shall be determined at the time of construction plan approval. The
8 Growth Management Director may grant a one-time three-month time
9 extension provided a good faith effort is being made by the Applicant to
10 install the required landscaping, irrigation, lighting, and related amenities.
11 The lighting plan, with a minimum intensity of 0.6 foot-candles and an
12 average of 1 .O foot-candle, for the meandering pedestrian sidewalk within
13 the preserve area shall be submitted for approval by the City Engineer
14 within 30 days of approval of the development order. The lighting fixtures
15 shall not exceed 12 feet in height. (City Forester, City Engineer)
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SECTION 5. This approval shall be in compliance with the following plans on file
with the City’s Growth Management Department:
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- 23.
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- 67.
- 78.
- 89.
September 7, 2000, Engineering and Landscape Plan, Urban Design
Studio, 1 Sheet.
October 3, 2000, Landscape Plans, Urban Design Studio, Sheets 1 through
6.
September 8, 2000, Plant List and Detail Sheet, Urban Design Studio, 1
Sheet.
September 7, 2000, PUD Parkway Plan, Urban Design Studio, 12 Sheets.
April 5, 2000, Architectural Elevations and Plans, Schwab, Twitty, and
Hanser, Sheets A-I .I .I through A-3.1.3 and A-3.1.5.
August 9, 2000, Architectural Elevations, Schwab, Twitty, and Hanser,
Sheet A-3.1.4.
July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet
October 2, 2000, Photometric Plan, AGI, 1 Sheet.
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Date Prepared: January 2,2008
Resolution 11, 2008
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- 918. October 6, 2000, Conceptual Drainage Plan, Scheaffer and Fagan, 2
Sheets.
1 Q4. April 13, 2000, Boundary and Topographic Survey, Benchmark Surveying, 2
Sheets.
112. March IO, 1999, Traffic Impact Analysis, Kimley-Horn Associates, 17
pages.
123. March, 1999, Environmental Assessment, E. W. Consultants, 16 pages.
135. December 20, 2002, Landscape Plans, Urban Design Studio, sheets 1 - 5.
146. December 20, 2002, PUD Parkway Plan (sections and plan views), Urban
Design Studio, Section A-A.
137. June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design
Studio, Sections C-C, and D-D.
I@. April 4, 2002, Architectural Elevations and Plans, Schwab, Twitty, and
Hanser, Sheets AI .I .O through A 3.7.1 , 23 sheets.
1z9. December 20, 2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets.
- 1933. April 13, 2002, Boundary and Topographic Survey, Schaeffer Fagan, 2
sheets.
2Q4. December 19, 2002, Site Photometric Plan, KAMM Consulting, 7 sheets.
21. Master PUD Site Plan SP-1, SP-2, and SP-3, bv Urban Design Studio,
dated October 10. 2007, and received bv the Citv on October 12, 2007.
22. Ground Sign Landscape Plan and Proposed Ground Sign Location
photographs, 2 sheets, dated October 10. 2007, bv Urban Design Studio.
23. Monument Sisn Color Renderings dated November 5, 2007, bv Urban
Design Studio and Design Proposal dated October 9. 2007, by Ferrin Sians,
3 sheets.
24. Monument Sign Safe Sight Triangle drawing, dated November 9, 2007, bv
Urban Design Studio.
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Date Prepared: January 2,2008
Resolution 11, 2008
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlClENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
---
---
COUNCILMEMBER JABLIN ---
--- C 0 UNCI LM E MB E R VALEC H E
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Glattorney-share\RESOLUTlONS\Benjamin School monument sign - reso 1 1 2008.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 15,2008
Meeting Date: February 7, 2008
Ordinance 32, 2007
SubjecVAgenda Item: Ordinance 32, 2007, amending the Fiscal Year 2006/2007
Budget
[ X ] Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney d
I Department Director
Originating Dept.:
Finance-
Advertised:
Date: January 23,
2008
Palm Beach Post
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordnance 32,2007
Exhibit "1"
[ ]None
Date Prepared: January 15,2008
Meeting Date: February 7, 2008
Ordinance 32, 2007
BACKGROUND:
As an integral part of the annual close-out process it is customary to prepare year-end
budget amendments to ensure compliance with legal levels of control, and to help explain
additions or deletions to fund balance. The increases/decreases to revenues/expenditures
contained in Exhibit “I” detail the variances that comprise this activity. This schedule
segregates the variances that are a result of timing differences from current year
differences.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 32,
2007 on second reading.
Date Prepared: November 9, 2007
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ORDINANCE 32,2007
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, 2006, AND ENDING SEPTEMBER 30, 2007,
INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted
a Budget for the 2006/2007 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be
made to the previously adopted Fiscal Year 2006/2007 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, 2006, through September
30, 2007, inclusive.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: November 9, 2007
Ordinance 32, 2007
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PASSED this ablWday of DeSctc , 2007, upon first reading.
3 PASSED AND ADOPTED this day of , 2008, upon second
4 and final reading.
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CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
=/’’
.~ 47 G:\attorney-share\ORDINANCES\budget amend 2006-07 4th qtr - ord 32 2007.docx
2
12/7/2007G:\finance~administration\Budget Amendments\FY 2006-2007\FY 2007 year end amendment
Contingency
Salaries
Printing and Binding
M&S AlPP
City of Palm Beach Gardens
Ordinance 32,2007 - Budget Amendment
EYE 09/30/2007
Exhibit "1"
GENERAL FUND
Resewed for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Carry Forward In Expenditures
Expenditures
001.0100.511.5910
Total Increase (Decrease)
In Council
001.0200.512.1210
Total Increase (Decrease)
In Administration
001.0210.552.4710
001.0210.552.5201
Total lncrease (Decrease)
In Economic Development
Part Time Salaries 001.0220.512.1310
Equipmant Rental 001.0220.512.4420
Maintenance Contracts 001.0220.512.4650
M&S Software 001.0220.512.5210
Capital Equipment Software 001.0220.512.6450
Salaries
Health and Life Insurance
Election Expense
Total Increase (Decrease)
In Information Tech
001.0230.512.1210
001.0230.512.2310
001.0230.512.5295
Total Increase (Decrease)
In City Clerk
Professional Services 001.0240.514.3160
Total Increase (Decrease)
In Legal
Printing ans Binding 001.0250.512.4710
Total Increase (Decrease)
In Public Relations
(30,000) (30,000)
(30,000) (30,000)
(42,000) (42000)
(42,000) (42,000)
(13,000) (13,000)
(20,500) (20,500)
(33,500) (33,500)
(32,000) (32,000)
(28,000) (28,000)
(13,133) (13,133)
(1,730) (1,730)
(76,151) (76,151)
(60,000) (91,014) (151,014)
(9,000) (9,000)
(27,000) (27,000)
(1 0,000) (1 0,000)
(46,000) (46,000)
(64,000) (64,ooo)
(64,000) (64,000)
(14,058) (14,058)
(14,058) (14,058)
1
12/7/2007G:\finance~administration\Budget Amendments\FY 2006_2007\~Y 2007 year end amendment
Salaries
Part Time Salaries
Retirement Contributions
Health and Life Insurance
Professional Services
001.0300.513.1210
001.0300.513.1310
001.0300.513.2210
001.0300.513.2310
001.0300.513.3150
(17,000) (17,000)
(9,000) (9,000)
(1 7,500) (17,500)
(13,000) (13,000)
(21,000) (21,000)
Professional Services
Salaries
Worker's Comp Insurance
Garbage Collection
Electricity
Professional Services
Contractual Services
Tipping Fees
Insurance
Membership Dues
CIP
Interest Expense
Payment to Def Ben Plan
Salaries
Health and Life Insurance
Telephone
Repairs and Maintenance
Equipment
Radio Consortium Expendih
Salaries
Uniform and Leather Good
Printing and Binding
Books and Subscriptions
Salaries
Overtime
Conversion of Leave
Total Increase (Decrease)
In Human Resources
001.0600.513.3150
001.0600.513.1210
Total lncrease (Decrease)
In Finance
001.09OO.519.2410
001.0900.519.3440
001.0900.519.4320
001.0900.519.3150
001.0900.519.3455
001.0900.519.4330
001.0900.519.4500
001.0900.519.5420
001.0900.519.6900
001.0900.519.7210
001.0900.519.9500
Total lncrease (Decrease)
In General Services
001.1000.521.1210
001.1000.521.2310
001.1000.rn.4TT(T
001.1000.521.4600
001.1000.521.6400
001.1000.521.8120
Total lncrease (Decrease)
In Police Admin
001.1030.521.1210
001.1030.521.5294
Total Increase (Decrease)
In Police Uniform Ops
001.1040.521.4710
001.1040.521 5410
Total Increase (Decrease)
In Police Special Ops
001.1200.522.1210
001.12OO.522.1410
001.1200.522.1550
(77,500) (77,500)
(2,964) (2964)
5,993 5,993
5,993 (2,964) 3,029
124,000 124,000
62,000 62,000
176,000 176,000
17,000 17,000
14,000 14,000
10,000 10,000
72,000 72,000
9,550 9,550
95,000 95,Mx)
3,600 3,600
98,000 98,000
681,150 681,150
(95,000) (95,000)
(38,000) (38,000)
(38,000) (38,000)
(35,805) (35,805)
(26.000) (5,320) (31,320)
(4.1 00) (91,394) (95,494)
(1 97,000) (45,225) (91,394) (333,619)
(1 02,000) (102,000)
(179) (1 79)
(102,000) (179) (1 021 79)
(343) (343)
Total lncrease (Decrease)
In Fire Admin
2
12/7/2007G:\finance~administration\Budget Amendrnents\FY 2006_2007\M 2007 year end amendment
Salaries
Repairs and Maintenance
Equipment
001.1230.522.1210
001.1230.522.4600
001.1230.522.6400
72,000 72,000
(2,425) (2,425)
(41,894) (41,894)
Total Increase (Decrease)
In Fire EMS 72,000 (44,319) 27,681
(26,000) (26,000)
(27,000) (1 9,432) (46,432)
Salaries
Professional Services
001.1400.515.1210
001.1400.515.3150
Total Increase (Decrease)
In Growth Mgmt Admin (53,000) (19,432) (72,432)
Salaries
Overtime
Retirement Contributions
Health and Life Insurance
001.1420.515.1210
001.1420.515.1410
001.1420.515.2210
001.1420.515.2310
(98,000) (98,000)
(37,000) (37,000)
(40,000) (40,000)
(12,000) (12000)
Total Increase (Decrease)
In P&Z (187,000) (1 87,000)
Salaries 001.1430.524.1210
Retirement Contributions 001.1430.524.2210
Health and Life Insurance 001.1430.524.2310
(181,000) (181,000)
(30,000) (30,000)
(34,000) (34,000)
Total Increase (Decrease)
In Code Enforcement (245,000) (245,000)
Salaries 001.1460.515.1210 (35,000) (35.000)
Total Increase (Decrease)
In GIS (35,000) (35,000)
Salaries
CIP
001.2000.572.1210 (46,000) (46,000)
001.2000.572.6900 (218,926) (962,539) (1,181,465)
Total Increase (Decrease)
In Recreation Admin (46,000) (218,926) (962,539) (1,227,465)
Part Time Salaries
FICA
Retirement Contributions
Health and Life Insurance
001.2030.572.1310 (64,000) (64,000)
001.2030.572.2110 (8,000) (8,000)
001 ,2030.572.2210 (6,000) (6,000)
001.2030.572.2310 (4,600) (4,600)
Total Increase (Decrease)
In Athletics (82,600) (82,600)
Salaries
Salaries
001.2031.572.1210 (28,000) (28,000)
Total Increase (Decrease)
In Seniors (28,000) (28,000)
001.2032.572.4600 34,500 34,500
Total Increase (Decrease)
In Aquatics 34,500 34,500
3
12/7/2007G:\finance-administration\Budget Amendments\FY 2006_2007\FY 2007 year end amendment
Salaries
Conversion of Leave
Health and Life Insurance
Equipment
Salaries
Conversion of Leave
FICA
Retirement Conhibutions
Health and Life Insurance
001.2033.572.1210
001 2033.572.1550
001.2033.572.2310
001.2033.572.6400
Total Increase (Decrease)
In Tennis
001.2040.572.1210
001.2040.572.1550
001.2040.572.2110
001.2040.572.2210
001.2040.572.2310
Total Increase (Decrease)
Rec General &Teen Prgm
Health and Life Insurance 001.2041.574.2310
Total Increase (Decrease)
Spec & Cultural Events
Salaries 001.2080.519.1210
FICA 001.2080.519.2110
Retirement Contributions 001.2080.519.2210
Health and Life Insurance 001.2080.519.2310
Repair and Maintenance 001.2080.519.4600
Total Increase (Decrease)
In Parks
Salaries
Contractual Services
CIP
Salaries
Health and Life Insurance
Professional Services
Prof Services-Remediation
Contractual Services
Repairs and Maintenance
Materials and Supplies
Equipment
CIP
001.2090.539.1210
001.2090.539.3400
001 .2090.539.6900
Total Increase (Decrease)
In Grounds
001.3000.539.1210
001.3000.539.2310
001.3000.539.3150
001.3000.539.3155
Total Increase (Decrease)
In PW Adrnin
24,000 24,000
8,000 8,000
5,100 5,100
(6,050) (6,050)
37,100 (6,050) 31,050
17,000 17,000
15,M)O 15,000
5,000 5,000
4,000 4,000
5,000 5,000
46,000 46,000
(57,000)
(5,700)
(18,000)
(16,000)
(41,000)
(137,700)
(57,000)
(5,700)
(18.000)
(16,000)
(4LOOO)
(137,700)
(73,000) (73,000)
42,000
26,000
94,000 (12,614)
(37,753)
42,000
26,000
81,386
(37,753)
162,000 (50,366) 111,634
001.3030.539.3400 24,000 24,000
001.3030.539.4600 (31,035) (29,156) (60,191)
001.3030.539.5200 18,000 18,000
001.3030.539.6400 (298,863) (298,863)
001.3030.539.6900 (97,875) (65,139) (163,014)
Total Increase (Decrease)
In Facilities Maintenance 42,000 (128,910) (393,158) (480,069)
4
12/7/2007G:\finance-administration\Budget Amendments\FY 2006-200AFY 2007 year end amendment
Salaries
CIP
Overtime
CIP
Salaries
Health and Life Insurance
Other Contractual Services
Electricity
Salaries
Health and Life Insurance
Salaries
Overtime
Incentive Pay
FICA
Retirement Contributions
Health and Life Insurance
CIP
Ad valorem taxes
Electric Franchise Fee
Telecommunications Tax
Federal Grants
Building Permits
Application Filing Fees
Fines and Forfeitures
Interest Income
Unrealized Gain/ Loss
Other Miscellaneous Revenu
Transfer In
001.3040.541.1210 (30,000) (30,000)
001.3040.541.6900 (1,001,198) (257,856) (1,259,054)
Total Increase (Decrease)
In Storm Water (30,000) (1,001,198) (257,856) (1,289,054)
001.3050.541 A410
001.3050.541.6900
Total Increase (Decrease)
In Streets
001.3070.539.1210
001.3070.539.2310
001.3070.539.3400
001.3070.539.4320
Total lncrease (Decrease)
In BRCRC Maint
001.3080.539.1210 8,000 8,000
001.3080.539.2310 7,000 7,000
Total Increase (Decrease)
In Riverside Maint 15,000 15,000
001.3090.524.1210 (140,000) (1 40,000)
001.3090.524.1410 (43,000) (43,000)
001.3090.524.1510 (32,000) (32,000)
001.3090.524.2210 (39,000) (39,000)
001.3090.524.6900 (135,000) (1 35,000)
001.3090.524.2110 (20,000) (20,000)
001.3090.524.2310 (34,000) (34,000)
Total Increase (Decrease)
In Construction Services (308,000) (1 35,000) (443,000)
Total Increase (Decrease)
In Expenditures (781,557) (1,623,020) (1,839,948) (4,244,525)
Revenues/Sources Operating
Differences
001.311.2000
001.313.1000
001.314.20OO
001.331 .loo0
001.322.0000
001.329.OOO2
001.351.1050
OO1.361.1001
001.367.0000
001.369.0000
001.381 .OW0
64,000
(298,000)
50,000
117,000
163,000
34,000
258,000
106,000
170,000
200,000
Total
Increase (Decrease)
In Revenues
64,000
(298,000)
50,000
117,000
163,000
34,000
258,000
106,000
170,ooO
200,000
374,999
Total Increase (Decrease)
Revenues/Sources 1,238,999 1,238,999
Increase(Decrease) to Reserves 2,020,556 1,623,020 1,839,948 5,483,524
5
12/7/2007G:\finance_administration\Budget AmendmentsFY 2006_2007\FY 2007 year end amendment
Part Time Salaries
Contract Services
Professional Services
Material and Supplies
Part Time Salaries
Aquatics
Resources
Programs
Tennis Programming
Tennis Memberships
Athletics and Spec Facilities
Youth Enrichment
Interest Income
Electricity
Repairs and Maintenance
FEC Maintenance
Local Option Gas Tax
Interest Income
Miscellaneous Revenue
RECREATION SPECIAL REVENUE FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Carry Forward In Expenditures
Expenditures
104.2000.575.1310 (60,000)
104.2030.575.3400 (23,000)
104.2033.572.1310 (20,000)
104.2033.572.5200 (3,644)
104.2040.575.1310 (30,000)
Total Increase (Decrease)
Expenditures (1 33,000) (3,644)
RevenueqSources
104.347.2032
104.347.2070
104.347.2080
104.347.2090
104.347.2091
104.347.2092
104.347.2093
104.361 .lo01
Operating
Differences
19,000
(30,000)
(35,000)
(40,000)
86,000
(68,000)
(1 67,000)
10,500
(136,644)
Total
Increase (Decrease)
In Revenues
19,000
(30,000)
. (35,000)
(40,000)
86,000
(167,000)
(68,000)
Total Increase (Decrease)
Revenues/Sources (224,500) (224,500)
[ncrease(Decrease) to Reserves (91,500) 3,644 (87,856)
LOCAL O€TION GAS TAX
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Carry Forward In Expenditures
Expenditures
103.3000.539.4320
103.3000.539.4600
103.3000.539.4660
Total Increase (Decrease)
Expenditures
Revenues/Sources
103.312.3000
103.361 .lo01
103.369.0000
Total Increase (Decrease)
Revenues/Sources
(32,000)
(270,000)
(32,000)
(270,000)
(1 53,893) (1 53,893)
(302,000) (153,893) (455,893)
Operating
Differences
100,000
33,000
91,000
Total
Increase (Decrease)
In Revenues
100,000
33,000
91,000
224,000 224,000
Increase(Decrease) to Reserves 526,000 153,893 679,893
6
RECREATION IMPACT FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Cany Fonvard In Expenditures
Expenditures
(2,339,454) (2,387,318) CIP 301.2000.572.6900 2,000 (49,864)
Professional Services 301.2000.572.3150 31,000 (8,811) 22,189
Total Increase (Decrease)
Expenditures 33,000 (49,864) (2,348,265) (2,365,129)
Recreation Grant (FRDAP)
Interest Income
Professional Services
Equipment
CIP
Interest Income
Police Impact Fees
Revenues/Sources Operating
Differeces
301.334.9020 473,325
301.361.1001 35,000
Total
Increase (Decrease)
In Revenues
473,325
35,000
Total Increase (Decrease)
RevenueqSources 508,325 508,325
Increase(Decrease) to Reserves 475,325 49,864 2,348,265 2,873,454
POLICE IMPACT FUND
Reserved for Designated for Total
Current Year P.O. CI P Increase/ (Decrease)
Differences Cany Fomrard Cany Forward In Expenditures
Expenditures
302.1000.521.3150 5,300 5,300
302.1 000.521.6400 2,600 (756,757) (754,157)
302.1000.521.6900 (974,037) (974,037)
Total Increase (Decrease)
Expenditures 7,900 (756,757) (974,037) (1,722,894)
Total
RevenueqISources Operating Increase (Decrease)
Differences In Revenues
302.361.1001 47,000 47,000
302.363.2200
Total Increase (Decrease)
Revenues/Sources 47,000 47,000
Increase(Decrease) to Reserves 39,100 756,757 974,037 1,769,894
7
Professional Services
Materials and Supplies
lnterest
CIP
Interest Income
Fire Impact Fees
Professional Services
CIP
Art Impact Fees
FIRE IMPACT FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Carry Forward In Expenditures
Expenditures
303.1200.522.3150 8,772 8,772
303.1 200.522.5200 27,000 27,000
303.1200.522.7210 1,500 1,500
303.1 200.522.6900 (1,328) (1,328)
Total Increase (Decrease)
Expenditures 37,272 (1,328) 35,944
Total
Revenues/Sources Operating Increase (Decrease)
Differences In Revenues
303.361.1001
303.363.2200
Total Increase (Decrease)
Revenues/Sources
Increase(Decrease) to Reserves (37,272) 1,328 (35,944)
ART IMPACT FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Carry Forward In Expenditures
Expenditures
304.1400.515.3150
304.1400.515.6900
Total Increase (Decrease)
Expenditures
Revenues/Sources
304.363.2700
12/7/2007G:\finance-administration\Budget Amendments\FY 2006_2007\FY 2007 year end amendment
Total Increase (Decrease)
Revenues/Sources
Increase(Decrease) to Reserves
15,500 15,500
(248,720) (248,720)
15,500 (248,720) (233,220)
Total
Operating Increase (Decrease)
Differences In Revenues
149,000 149,000
149,000 149,000
133,500 248,720 382,220
8
12/7/2007G:\finance-adrninistration\Budget Arnendrnents\FY 2006_2007\FY 2007 year end amendment
Professional Services
CIP
Interest Income
Training and Education
Travel and Per Diem
Fines and Forfeitures
Interest
Expenditures
305.0900.541.3150
305.0900.541.6900
Total Increase (Decrease)
Expenditures
Revenues/Sources
305.361.1001
ROAD IMPACT FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Cany Forward Carry Forward In Expenditures
37,000 37,000
6,000 (475,281) (2,163,044) (2,632,325)
43,000 (475,281) (2,163,044) (2,595,325)
Operating
Differences
250,000
Total
increase (Decrease)
In Revenues
250,ooO
Total Increase (Decrease)
Revenues/Sources 250,000 250,000
Increase(Decrease) to Reserves 207,000 475,281 2,163,044 2,845,325
POLICE TRAINING FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Cany Forward Carry Forward In Expenditures
Expenditures
002.1000.521.3810 (12,000)
002.1000.521.4010 (5,000)
(12,000)
(5,000)
Total Increase (Decrease)
Expenditures (17,000) (17,000)
Total
Revenues/Sources Operating Increase (Decrease)
Differences In Revenues
002.351.1000 (4,700) (4,700)
002.361.1001 (70) (70)
Total Increase (Decrease)
Revenues/Sources (4,770) (4,770)
Increase(Decrease) to Reserves 12,230 12,230
9
12/7/2007G:\finance-administration\Budget Amendments\W 2006_2007\W 2007 year end amendment
CIP
Interest Income
Part Time Salaries
Electricity
Insurance
Retirement Contribution
Repairs and Maintenance
Health and Life Insurance
Interest Income
Rental Proceeds
Miscellaneous Revenue
BURNS ROAD FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Carry Forward In Expenditures
Expenditures
309.0900.519.6900 (6,450) (31,627) (38,077)
Total Increase (Decrease)
Expenditures (6,450) (31,627) (38,077)
Revenues/Sources Operating
Differences
Total
Increase (Decrease)
In Revenues
309.361 .lo01
Total Increase (Decrease)
Revenues/Sources
Increase(Decrease) to Reserves 6,450 31,627 38,077
GOLF FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Cany Forward In Expenditures
Expenditures
106.2500.572.1310 (15,000)
106.2500.572.4500 (43,000)
106.2540.572.4600 (15,000)
106.2550.572.2310 (1 8,000)
Expenditures (1 13,000)
106.2500.572.4320 (12,000)
106.2540.572.2210 (10,000)
Total Increase (Decrease)
Revenues/Sources Operating
Differences
106.361.1001 (9,500)
106.362.1000 19,000
106.369.1000 11,000
(15,000)
(12,000)
(43,000)
(10,000)
(15,000)
(18,000)
(113,000)
Total
Increase (Decrease)
In Revenues
(9,500)
19,000
11,000
Total Increase (Decrease)
Revenues/Sources 20,5GU 20,500
Increase(Decrease) to Reserves 133,500 133,500
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ClP
12/7/2007G:\finance-administration\Budget Amendments\FY 2006-200AFY 2007 year end amendment
POLICE GRANTS FUND
Reserved for Designated for Total
Current Year P.O. CIP Increase/ (Decrease)
Differences Carry Forward Cany Forward In Expenditures
Expenditures
101.1080.521.6100 1,500 1,500
Total Increase (Decrease)
Expenditures 1,500
Revenues/Sources Operating
Differences
1,500
Total
Increase (Decrease)
In Revenues
Miscellaneous Revenue 101.369.1000 1,500 1,500
Total Increase (Decrease)
Revenues/Sources 1,500 1,500
lncrease(Decrease) to Reserves
2,915,016 7,760,862
11
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Allan ‘&- 0 ens
Date Prepared: January 15,2008
Meeting Date: February 7, 2008
Ordinance 33, 2007
SubjectlAgenda Item: Ordinance 33, 2007, amending the Fiscal Year 2007/2008
Budget
[ ] Not Required
[ X ] Recommendation to APPROVE I1 Recommendation to DENY
Department Director
Reviewed by: I Originating Dept.:
Affected parties
F&l
Advertised:
Date:January 23, 2008
Palm Beach Post
City Manag& I [ ] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ 3 Continued to:
Attachments:
Ordinance 33, 2007
Exhibit “1”
[ ]None
Date Prepared: January 15,2008
Meeting Date: February 7, 2008
Ordinance 33, 2007
BACKGROUND:
Under Generally Accepted Accounting Principals, as one 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 2007/2008 budget for amounts reserved and designated
from FY 2006/2007 for outstanding purchase orders and commitments as they
relate to open projects that cross fiscal years.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 33,2007
on second reading.
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ORDINANCE 33,2007
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, 2007, AND ENDING SEPTEMBER 30, 2008,
INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted
a Budget for the 2007/2008 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be
made to the previously adopted Fiscal Year 2007/2008 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 “1” and adopts such amendments as to the Budget of the
City of Palm Beach Gardens for the Fiscal Year October 1, 2007, through September
30, 2008, inclusive.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: November 9, 2007
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Date Prepared: November 9, 2007
Ordinance 33, 2007
PASSED this 20* day of becem&C , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
FOR
G:\attorney-share\ORDlNANCESbudget amend 2007-08 - ord 33 2007.docx
2
AGAINST ABSENT
d’
12/3/2007G:\finance-adrninistration\Budget Amendments\FY 2007-2008\0rdinance 33 2007 CF
City of Palm Beach Gardens
Ordinance 33,2007 - Budget Amendment
Expenditures
001.0100.51 1.3150
001.021 0.552.31 50
001.0220.51 2.3810
001.0220.51 2.4420
001.0220.512.4650
001.0220.512.5210
001.0220.51 2.6450
001.0250.51 2.4710
001.0600.513.3150
001.0900.519.6900
001.0900.51 9.91 00
001.0900.519.9920
001.1000.521.4110
001.1000.521.6400
001.1000.521.8120
001.1030.521.5294
001.1030.521.6410
001.1040.521.4710
001.1040.521.5294
001.1040.521.5410
001.1040.521.6400
001.1200.522.3150
001.1230.522.4600
001.1230.522.6400
001.1230.522.6410
001.1400.515.3150
001.1400.515.3151
001.1430.524.5200
001.2000.572.6900
001.2033.572.6400
001.2080.519.6400
001.2080.51 9.6900
001.2090.539.3150
001.3000.539.3150
001.3000.539.31 55
001.3030.539.4600
001.3030.539.6400
001.3030.539.6900
001.3040.541.3400
001.3040.541.5200
001.3040.541.6900
001.3080.539.4600
001.3090.524.6400
001.3090.524.6900
Total Increase
in Expenditures
Revenues
001.337.9000
001.342.6000
001.366.2000
001.369.0000
001.389.0000
Total Increase in
RevenueslSources
Reserved for
Purchase Orders
13,133
1,730
76,151
14,058
2,964
5,320
35,805
4,100
179
343
36
2.425
41,894
19,432
218.926
6.050
12,614
37,753
31,035
97,875
1,001,198
FYE 09/30/2008
Exhibit "I"
GENERAL FUND
Designated for
Projects
91,394
962.539
29.156
298,863
65,139
257,856
Grants and Increase/ (Decrease)
Other Revenue To Budget
13.133
1,730
76,151
14.058
2,964
5,320
35,805
95,494
179
343
36
2,425
41,894
19,432
1,181,465
6,050
12,614
37.753
60,191
298.863
163,014
1,259,054
135,000 135,000
1,623,020 1,839,948 3,462,968
Fund Balance - Fund Balance - Grants and Increase/ (Decrease)
Reserved Designated Other Revenues To Budget
1,623,020 1339,948
1,623,020 1,839,948
1
3,462,968
3,462,968
12/3/2007G:\finance-administration\Budget Amendments\FY 2007_2008\0rdinance 33 2007 CF
LOCAL OPTION GAS TAX FUND
Reserved for Designated for Grants and Increase/ (Decrease)
Other Revenues To Budget Expenditures Purchase Orders Projects
103.3000.539.4600 153,893 153,893
103.3000.539.6900
103.3000.539.4660
Total Increase in
Expenditures
Revenues
103.389.0000
Total Increase in
RevenueslSources
153,893 153,893
Fund Balance - Fund Balance - Grants and Increase/ (Decrease)
To Budget Reserved Designated Other Revenues
153,893 153,893
153,893 153,893
RECREATION IMPACT FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Revenues To Budget
301.2000.572.5200
301.2000.572.6400
301.2000.572.6900
8.81 1
24,400
49,864 2,315,054
881 1
24,400
2,364,918
Total Increase in
Expenditures 49,864 2,348,265 2,398,129
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Revenues Reserved Designated Other Revenues To Budget
301.381.0000
301.389.0000 49,864 2,348,265 2,398.1 29
Total Increase in
RevenueslSources 49,864 2,348,265 2,398,129
2
Expenditures
302.1000.521.6400
302.1000.521.6900
Total Increase in
Expenditures
Revenues
302.389.0000
Total Increase in
RevenueslSources
Expenditures
303.1200.522.6400
303.1 200.522.6900
Total Increase in
Expenditures
Revenues
303.389.0000
POLICE IMPACT FUND
Reserved for Designated for Grants Increase/ (Decrease)
Purchase Orders Projects Other Revenues To Budget
756,757 756.757
974,037 974,037
756,757 974,037 1,730,794
Fund Balance - Fund Balance - Grants
Reserved Designated Other Revenues
756,757 974,037
756,757 974,037
FIRE IMPACT FUND
Reserved for Designated for Grants
Purchase Orders Projects Other Revenues
1378
Increase/ (Decrease)
To Budget
1,730,794
1,730,794
Increase/ (Decrease)
To Budget
1.328
12/3/2007G:\finance~administration\Budget Arnendrnents\FY 2007_2008\0rdinance 33 2007 CF
1,328 1,328
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Reserved Designated Other Revenues To Budget
1.328 1,328
Total Increase in
RevenueslSources
3
1,328 1,328
12/3/2007G:\finance-adrninistration\Budget Amendments\FY 2007_2008\0rdinance 33 2007 CF
ART IMPACT FUND
Reserved for Designated for Current Year lncreasel (Decrease)
To Budget Expenditures Purchase Orders Projects Transfer
304.1 400.51 5.6900
304.1 400.51 5.9920
Total Increase in
Expenditures
Revenues
304.389.0000
Total Increase in
RevenueslSources
248.720 248,720
248,720 248,720
Fund Balance - Fund Balance -
Reserved Designated
248,720
24a,720
ROAD IMPACT FUND
Reserved for Designated for
Expenditures Purchase Orders Projects
Increase/ (Decrease)
To Budget
248.720
248.720
lncreasel (Decrease)
To Budget
305.0900.541.6300
305.0900.541.6900 475,281 2.1 63,044
Total Increase in
2,638,325
2,638,325 Expenditures 475,281 2,163,044
Revenues
305.369.0000
305.389.0000
Total Increase in
Revenues/Sources
Fund Balance - Fund Balance -
Reserved Designated
475,281 2,163,044
475,281 2,163,044
Increase/ (Decrease)
To Budget
2,638,325
2,638,325
4
12/3/2007G:\finance-adrninistration\Budget Arnendrnents\FY 2007_2008\0rdinance 33 2007 CF
BURNS ROAD IMPROVEMENT FUND
Reserved for Designated for
Expenditures Purchase Orders
309.0900.519.31 70
309.0900.51 9.6900
Total Increase in
Expenditures
Revenues
309.389.0000
Total Increase in
RevenueslSources
6,450
6,450
Fund Balance -
Reserved
6.450
6,450
Projects
31,627
31,627
Fund Balance -
Designated
31,627
31,627
GOLF FUND
Reserved for Designated for
Expenditures Purchase Orders Projects
106.2540.572.6900
Total Increase in
Expenditures
Fund Balance
Revenues Reserved
Fund Balance
Designated
Increase/ (Decrease)
To Budget
38,077
38,077
Increase/ (Decrease)
To Budget
38.077
38,077
Increase/ (Decrease)
To Budget
Increase/ (Decrease)
To Budget
106.389.0000
Total Increase in
RevenueslSources
5
12/312007G:\finance-administration\Budget Arnendments\FY 2007_2008\0rdinance 33 2007 CF
FLEET FUND
Reserved for Designated for
Expenditures Purchase Orders Projects
Current Year Increase/ (Decrease)
Transfer To Budget
501.3020.539.4640
501.3020.539.5270
501.3020.539.6410 181,633
501.3020.539.6900
501.3020.539.9920
Total Increase in
181.633
Expenditures 181,633 181,633
Fund Balance -
Revenues Reserved Designated
Fund Balance - Increase/ (Decrease)
To Budget
501.389.0000 181,633 181,633
Total Increase in
RevenueslSources 181,633 181,633
RECREATION SPECIAL REVENUE FUND
Reserved for Designated for Current Year Increase/ (Decrease)
Purchase Orders Projects Transfers To Budget Expenditures
104.2033.572.5200
104.0900.51 9.9920
3,644 3,644
Total Increase in
Expenditures 3,644 3,644
Fund Balance -
Revenues Reserved Designated
Fund Balance - Increase/ (Decrease)
To Budget
104.389.0000 3.644 3,644
Total Increase in
RevenueslSources 3,644 3,644
3,096,649 7,760,862 10,857,511
6
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 30,2008
Meeting Date: February 7, 2008
Resolution 19, 2008
Subject/Agenda Item: Declaring the Intent of the Council to Ensure that Boards of the
Pension Funds of the City Operate Consistently with the “protecting Florida’s Investments
Act” by Identifying Companies Doing Business with Iran’s Energy Sector and with the
Sudan, and Divesting from those Companies.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorn OD“ I Finance Director
Submitted by:
Department Director
Originating Dept.:
Councilmember Hal
Va I ec h e
Advertised :
Date:
Paper:
[ x] Not Required
Affected parties
Wd
[ x] Not required
costs: $
(Total)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 19, 2008
[ ]None
Date Prepared: January 30,2008
Meeting Date: February 7, 2008
Resolution 19, 2008
BACKGROUND: Councilmember Hal Valeche would like the City Council to consider
adoption of this Resolution.
STAFF RECOMMENDATION: A motion to approve Resolution 19, 2008, as presented.
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RESOLUTION 19,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA DECLARING THE INTENT OF THE
CITY COUNCIL TO ENSURE THAT BOARDS OF THE PENSION
FUNDS OF THE CITY OPERATE CONSISTENTLY WITH THE
“PROTECTING FLORIDA’S INVESTMENTS ACT” BY IDENTIFYING
COMPANIES DOING BUSINESS WITH IRAN’S ENERGY SECTOR
AND WITH THE SUDAN, AND DIVESTING FROM THOSE
COMPANIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of Palm Beach Gardens, Florida (the “Council”) has
the responsibility to be certain that equity investments made by the various pension
funds covering City employees are made in a responsible and prudent manner; and
WHEREAS, the Council has the authority to direct the Boards of the various
pension funds (namely the Police, Fire and General Employees Retirement Fund) (the
“Boards”) in selecting which equity investments are appropriate; and
WHEREAS, a resolution of the United Nations Security Council imposes
sanctions on Iran for its failure to suspend its uranium-enrichment activities; and
WHEREAS, the United Nations Security Council voted unanimously for an
additional embargo on Iranian arms exports, which is a freeze on assets abroad of an
expanded list of individuals and companies involved in Iran’s nuclear and ballistic
missile programs, and calls for nations and institutions to bar new grants or loans to
Iran, except for humanitarian and developmental purposes; and
WHEREAS, Iran’s financial ability to pay its debts to foreign entities involved in
the petroleum-energy sector amounting to more than $20 million is put at risk by the
Iran and Libya Sanctions Act embargo and sanctions; and
WHEREAS, foreign entities have invested in Iran’s petroleum-energy sector
despite United States and United Nations sanctions against Iran; and
WHEREAS, all United States and foreign entities that have invested more than
$20 million in Iran’s energy sector since August 5, 1996, are subject to sanctions under
United States law pursuant to the Iran and Libya Sanctions Act of 1996; and
WHEREAS, the United States renewed the Iran and Libya Sanctions Act of 1996
in 2001 and 2006; and
WHEREAS, on July 23, 2004, the United States Congress declared that “the
atrocities unfolding in Darfur, Sudan are genocide;” and
Date Prepared: January 30, 2008
Date Prepared: January 30,2008
Resolution 19. 2008
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WHEREAS, on December 7, 2004, Congress found that "the Government of
Sudan has restricted access by humanitarian and human rights workers to the Darfur
area through intimidation by military and security forces, and through bureaucratic and
administrative obstruction, in an attempt to inflict the most devastating harm on those
individuals displaced from their villages and homes without any means of sustenance or
shelter"; and
WHEREAS, on September 25, 2006, Congress reaffirmed that "the genocide
unfolding in the Darfur region of Sudan is characterized by acts of terrorism and
atrocities directed against civilians, including mass murder, rape, and sexual violence
committed by the Janjaweed and associated militias with the complicity and support of
the National Congress Party-led faction of the Government of Sudan"; and
WHEREAS, the Darfur crisis represents the first time the United States
Government has labeled ongoing atrocities as genocide; and
WHEREAS, the Federal Government has imposed sanctions against the
Government of Sudan since 1997. These sanctions are monitored through the United
States Treasury Department's Office of Foreign Assets Control (OFAC); and
WHEREAS, according to a former chair of the United States Securities and
Exchange Commission, the fact that a foreign company is doing material business with
a country, government, or entity on OFAC's sanctions list is, in the SEC staffs view,
substantially likely to be significant to a reasonable investor's decision about whether to
invest in that company; and
WHEREAS, since 1993, the United States Secretary of State has determined
that Sudan is a country whose government has repeatedly provided support for acts of
international terrorism, and as a result, the United States has restricted assistance,
defense exports, defense sales, financial transactions, and various other transactions
with the Government of Sudan; and
WHEREAS, a 2006 report by the United States House of Representatives states
that "a company's association with sponsors of terrorism and human rights abuses, no
matter how large or small, can have a materially adverse result on a public company's
operations, financial condition, earnings, and stock prices, all of which can negatively
affect the value of an investment"; and
WHEREAS, in response to the financial risk posed by investments in companies
doing business with a state that sponsors terrorists, the Securities and Exchange
Commission established its Office of Global Security Risk to provide for enhanced
disclosure of material information regarding such companies; and
WHEREAS, the current Sudan divestment movement encompasses nearly 100
universities, municipalities, states, and private pension plans; and
2
Date Prepared: January 30, 2008
Resolution 19. 2008
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WHEREAS, companies facing such widespread divestment present further
material risk to remaining investors; and
WHEREAS, it is a fundamental responsibility of the Council to decide where,
how, and by whom financial resources in its control should be invested, taking into
account numerous pertinent factors; and
WHEREAS, it is the prerogative and desire of the Council, with respect to
investment resources in its control and to the extent reasonable, with due consideration
for return on investment on behalf of its investment beneficiaries, not to participate in an
ownership or capital-providing capacity with entities that provide significant practical
support for genocide, including certain non-United States companies presently doing
business in Sudan; and
WHEREAS, while divestiture should be considered with the intent to improve
investment performance, and by the rules of prudence, fiduciaries must take into
account all relevant substantive factors in arriving at an investment decision; and
WHEREAS, the Council is deeply concerned about investments in publicly-
traded companies that have business activities in and ties to Iran's petroleum-energy
sector as a financial risk to the shareholders: and
WHEREAS, by investing in publicly-traded companies having ties to Iran's
petroleum-energy sector, the Boards may be putting the funds they oversee at
substantial financial risk: and
WHEREAS, divestiture from markets that are vulnerable to embargo, loan
restrictions, and sanctions from the United States and the international community,
including the United Nations Security Council, is in accordance with the rules of
prudence; and
WHEREAS, the Council finds that this Resolution should remain in effect only
insofar as it continues to be consistent with and does not unduly interfere with the
foreign policy of the United States as determined by the Federal Government; and
WHEREAS, to protect the retirement assets of the employees of the City of Palm
Beach Gardens, it is in the best interest of the Council to enact a statutory prohibition
regarding the investments managed by the Boards in companies doing business in
Sudan or in Iran's petroleum-energy sector.
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.
3
Date Prepared: January 30, 2008
Resolution 19, 2008
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SECTION 2. The City Council declares that it is the intent of the City that the
Boards of the Pension Funds holding the retirement assets of employees of the City of
Palm Beach Gardens be required to follow the actions of the Florida State Board of
Administration, as mandated by the “Protecting Florida’s Investments Act”, as it relates
to identifying companies doing business with Iran’s energy sector and the Sudan and
divesting from these companies. The City Council shall take such additional steps as
are necessary to effectuate in this intent, including but not limited to processing
amendments to the City Code of Ordinances.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
4
Date Prepared: January 30, 2008
Resolution 19, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlClENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
C 0 U N C I LM E M B E R VAL EC H E
COUNCILMEMBER BARNETT
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G:\attorney-share\RESOLUTIONS\protecting floridas investments act - reso 19 2008.docx
5
City of Palm Beach Gardens
Council Agenda
February 7,2008
/Mayor Russo
/Vice Mayor Levy
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Council Member Jablin .-#-wt
/Council Member Valeche
/Council Member Barnett
J I.
.’ II.
J III.
J IV
J v.
J VI.
VII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 7,2008
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS. MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a.
QWQA Y-0
JPaee 5) Amanda Buckley Field of Dreams - S10,OOO.OO donation from HSBC
Bank USA
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit
reauest form to the Citv Clerk Drior to this Item)
VIII. CONSENT AGENDA:
a. jPwe 6iApprove Minutes from December 6,2007 regular City Council meeting.
b. fPaee 13 -Approve Minutes from December 20, 2007 regular City Council
meeting.
C. lPnge 22) Approve Minutes &om January 3,2008 regular City Council meeting.
d. (Staff ReDort on Pwe 28, Resolution on Paee 301 Resolution 9, 2008 - Honda
Classic PGA Golf Tournament. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement with the Children’s
Healthcare Charity, Inc. for the 2008 Honda Classic PGA Golf Tournament to
provide temporary volunteer parking, a public safety grant for off-duty Police and
Fire personnel, and an operations support grant to provide reimbursement for
labor, supervision, materials, and supplies for the operation of the event; and
providing an effective date.
e.
f.
(Page 45) Proclamation - Congenital Heart Defects Awareness Week.
lPage 46) Proclamation - ArtiGras Weekend.
/Page 47) Proclamation - Amanda Buckley Field Dedication.
[Patre 48) Proclamation - National Engineers Week.
IX. PUBLIC HEARINGS:
Part I - Ouasi-iudiciai
'Staff Report on Page 49, 0rdin;ince on Page 122)
peading) Establishment of the Parcel 5A Community DL GkuytnLGLlk
3rdinance of the City Council of the City of Palm Beach Gardens, Florida
vd$q,d establishing the Parcel 5A Community Development District pursuant to the provisions of Section 190.005, Florida Statutes; designating the powers of the!
T&&J District; and providing an effective date.
@' wQ - , - et LStaff ReDort on Page 131, Ordinance on Pape 20
reading) Establishment of the Parcel 5B Community
bramance or tne Lity ~ouncii or tne uty or yam Beach Gardens, rloriaa
3rdinance 2, 2008
evelopment Distric 6.s-
the Parcel 5B Community Development District pursuant to the
Section 190.005, Florida Statutes; cksigwbg the jw-rs cc
istrict- Qnd nrwiding an effective datp
C. (Staff Reoort on Pape 210, Ordinance on Page 254, Resolution on Pape 2571
Ordinance 3, 2008 - (1st reading) Benjamin Private High School Planned Unit
Developmenr 4n Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 2000 and Ordinance 4,2003 relating to
the Benjamin Private High School Planned Unit Development located at the
Northwest corner of Central Boulevard and Grandiflora Road to transfer the site
d related waivers and conditions to a separate Resolution; and
v~3d
Resolution 11,2008 is a companion item to Ordinance 3,2008 and will
require council action only at second reading.
Resolution 11, 2008 - Benjamin Private High School Planned Unit Development,
A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
amending the Benjamin Private High School Planned Unit Development (PUD) to
allow a monument sign to be located at the Northwest corner of Central
Boulevard and Grandiflora Road, as more particularly described herein; providing
waivers; providing conditions of approval; and providing an effective date.
a.
Part I1 - Non-Ouasi-judicial
’- aff Re rt on Page 265,
b. lStaff Report on Page 280, Ordinance on Page 282) I hdinance 33,2007 - (2nd
reading and adoption) Fiscal Year 2007/2008 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, 2007,
and ending September 30,2008, inclusive; and providing an effective date.
rl\oJe8- tJf tW-eIc u X. RESOLUTIONS:
[Staff Report on Page 290, Resolotion on Page 292) Resolution 19, 2008 -
Protecting Florida’s Investments Act. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida declaring the intent of the City Council to
ensure that Boards of the Pension Funds of the City operate consistently with the
“Protecting Florida’s Investments Act’’ by identifying companies doing business
with Iran’s energy sector and with the Sudan, and divesting from those
companies; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested pariy 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 Floridu 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.
c
4
City of Palm Beach Gardens
Council Agenda
February 7,2008
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Valeche
Council Member Barnett
.. . .. ,-. .. -. .
' . ...
I.
11.
111.
IV v-0
7' y.2- VIII.
Lf -O
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 7,2008
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. /Page 5) Amanda Buckley Field of Dreams - $10,000.00 donation from HSBC
Bank USA
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit
reauest form to the City Clerk prior to this Item)
CONSENT AGENDA:
a.
b.
I' ge QLApprove Minutes from December 6,2007 regular City Council meeting.
1- te mApprove Minutes from December 20, 2007 regular City Council
meeting.
c. jPa,- . Approve Minutes from January 3,2008 regular City Council meeting.
d. JStaff port on Pape 28, Resolution on Pape 30) Resolution 9, 2008 - Honda
Classic PGA Golf Tournament. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement with the Children's
Healthcare Charity, Inc. for the 2008 Honda Classic PGA Golf Tournament to
provide temporary volunteer parking, a public safety grant for off-duty Police and
Fire personnel, and an operations support grant to provide reimbursement for
labor, supervision, materials, and supplies for the operation of the event; and
providing an effective date.
e.
f. -Proclamation - ArtiGras Weekend.
g.
h.
-Proclamation - Congenital Heart Defects Awareness Week.
-Proclamation - Amanda Buckley Field Dedication.
-Proclamation - National Engineers Week.
IX. PUBLIC HEA RINGS:
a. 49. Qmcc am PmOrdinance 1, 2008 - (lst
reading) Establishment of the Parcel 5A Community Development District. An po5.p# Ordinance of the City Council of the City of Palm Beach Gardens, Florida
establishing the Parcel 5A Community Development District pursuant to the
provisions of Section 190.005, Florida Statutes; designating the powers of the
-7 <' s3
3 YP4 fi )o C'C District; and providing an effective date.
b. /Staff ReDort on Pane 131, Q rwa~et on Paw 2011 Ordinance 2, 2008 - (lst
reading) Establishment of the Parcel 5B Community Development District. An
establishing the Parcel 5B Community Development District pursuant to the
District; and providing an effective date.
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
provisions of Section 190.005, Florida Statutes; designating the powers of the
C. 4afT Rmwt am 210.0--. 9102 Ordinance 3, 2008 - (1st reading) Benjamin Private High School Planned Unit
Development. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 30,2000 and Ordinance 4, 2003 relating to
the Benjamin Private High School Planned Unit Development located at the
Northwest corner of Central Boulevard and Grandiflora Road to transfer the site
plan approval and related waivers and conditions to a separate Resolution; and
providing an effective date.
7-O
Resolution 11,2008 is a companion item to Ordinance 3,2008 and will
require council action only at second reading.
Resolution 1 1, 2008 - Benjamin Private High School Planned Unit Development.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
amending the Benjamin Private High School Planned Unit Development (PUD) to
allow a monument sign to be located at the Northwest corner of Central
Boulevard and Grandiflora Road, as more particularly described herein; providing
waivers; providing conditions of approval; and providing an effective date.
(yY7 a. 26nOrdinance 32, 2007 - (2nd
reading and adoption) Fiscal Year 2006/2007 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, 2006,
and ending September 30,2007, inclusive; and providing an effective date.
4 ‘
b.
7-0
0,Qrdlln aeee on Pap@ 2821 Ordinance 33, 2007 - (2nd
reading and adoption) Fiscal Year 2007/2008 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, 2007,
and ending September 30,2008, inclusive; and providing an effective date.
X. RESOLUTIONS:
7:w a. on- 2Y&Resolution 19, 2008 - Protecting Florida’s Investments Act. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida declaring the intent of the City Council to
ensure that Boards of the Pension Funds of the City operate consistently with the
“Protecting Florida’s Investments Act’’ by identifylng companies doing business
with Iran’s energy sector and with the Sudan, and divesting from those
companies; and providing an effective date.
Lf-0 P d@
XI ORDINANCES: (For Consideration on First Reading)
8.’ 1 / XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
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 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print fSrRD Ly MI Cf+W L!, 2 - Address: 7 &- quoson_/ A f7< City: P of;, .-- / Subject: 1 oh) .5GN.AR\ - 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 City: Subject: u 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 Address: PccIn, & GA City: I 33410 Subject: s50c Members of the public may address the City Council during the ccComments 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: & / .TA&&, Address: City: I Subject: 66 / 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: I ?m2/ 3 P?-W/ v Address: // L<r H&/- A- City: Subject: r r d- 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: &L’! -3 Address: 3 yT/ WLL -Y@w3 c/-L City: PL Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: City: 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 ccComments 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.
pdd 5-0
CITY COUNCIL MEETING 02/00/00
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS:
MODIFICATIONS:
Under Announcements/Presentations
Special announcement on the Honda Classic from
Ed McEnroe.
Under Public HearinP - Part I Ouasi-iudicial
The applicant for Ordinance 1,2008, Parcel SA,
Community Development District & Ordinance
2,2008, Parcel SB, Community Development
District has formally requested a postponement
until date certain of April 3,2008.
A copy of the letter has been provided for each
member of Council.
NONE
PUBLIC HEARINGS: 02 /07/2008
B PartI-has i-Judicial
Title Read:
HearingOpened:
Ex-P~c:JB DL JR HV EJ
Petitioner presentation:
StafFPreSentaticm:
HearingClosed:
Bring back hr discussion:
Motion:
Vote:
Title Read:
HearingOpened:
Ex-Parte:JB DL JR HV El
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
Title Read:
Hearing Opened:
Ex-PartezJB DL JR HV EJ I Petitioner presentation:
VI1 97, wtu~i~ai~~c UII rayc ILL e,, 2008 reading) Establishment of d
Community Development District. An
the City Council of the City of Pafm Baeoh
da establishing the Parcel 5A Chmm~&Q
Development District pursuant to the provisbns
Section 190.005, Florida Statutes; designating the
; and providq an effective date.
Parcel 5B Community Development District. An
Ordinance of the City Council of the City of Palm Beach
Gardens, Florida establishing the Parcel 5B Community
Development District pursuant to the provisions of
Section 190.005, Florida Statutes; designating the powers
reading) Benjamin Private High School Planned Unit
Development. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending
Ordinance 30, 2000 and Ordinance 4,2003 relating to the
Benjamin Private High School Planned Unit Developmsart
located at the Northwest comer of Central Badward d
Grandiflora Road to transfer the site plan approval rcnd
related waivers and conditions to a separate Resohrtisn;
and providing an effective date.
2
Resolution 11,2008 is a companion item to
Ordinance 3.2008 and will require council action only
at second reading.
Resolut !008 - Benjamin Private High School
Planned hit Development. A Resolution of the City
Council - -le City of Palm Beach Gardens, Florida,
amendii tne Benjamin Private High School PEaMad
Unit Development (PUD) to allow a monument sign to be
located at the Northwest comer of Central Boulevard and
Grandiflora Road, as more particularly described herein;
providing waivers; providing conditions of approval; and
;,s:
P Part ll - Non-Ouasi-iudicid
Title Read:
Hearing Opened:
Petitioner presentation:
Staff Presentation:
HearingCtosed:
BM8 back fbr discussion:
Motion:
Vote:
Title Rcad:
Hearing Opened:
Petitioner presentation:
Staff presentation:
Hearingclosed:
Bring back f6r discussion:
Motion:
Vote:
Year 2006/2007 Budget Amendment. An Or- of
unci1 of the Ci of Palm Beach Gsrka,
ending the Ci of Palm Beach GtWW
Budget for the Fiscal Year beghbg Oct
and ending September 30,2007, inclusive;
Year 2007/2008 Budget Amendment. An Ordinance of
the City Council of the City of Palm Beach Gardeas,
Florida amending the City of Palm Beach Ckdens'
Budget for the Fiscal Year beginning October 1, 2007,
and ending September 30,2008, inclusive; and prddhg
an effective date.
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V
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager
THROUGH:
FROM:
SUBJECT:
DATE: January 25,2008
Jack Doughney, Community Services Administra
Dan Reidy, Operations Director, Public Facilities
Amanda Buckley Field of Dreams - Donation from HSBC Bank USA
HSBC Bank USA, N.A. is pleased to announce that the City of Palm Beach Gardens has
been selected to receive a $10,000 grant for the installation of a scoreboard at The
Amanda Buckley Memorial Field of Dreams. Through this community enhancement
program, which is part of the HSBC Challenge Tour, HSBC Bank hopes to establish closer
ties between the local community and the Palm Beach Gardens HSBC branch. The
program strives to emphasize the importance of athletics in the development of youth.
Pattv Snider
From:
Sent:
To: cc:
Subject:
Dan Reidy
Wednesday, January 30,2008 12:OO PM
Patty Snider
Jack Doughney
FW: HSBC Bank Presentation
Patty,
Here is the name of the representative that wilt be handing the Mayor the check at the Feb. 7 meeting.
From: Mike Kelly
Sent: Wednesday, January 30,2008 11:36 AM
To: Dan Reidy
Cc: Jack Doughney
Subject: HSBC Bank Presentation
Legacy Place Branch Manager Marion Van Den Berg will be at the Council Meeting on February 7'h for the presentation.
%$e Kee, C.R~P.
Parks Division Director
Palm Beach Gardens Community Services
(561) 775- 8261 fhllY@Dbqf I .COm
Febnrary 07,2008
I) To get the authorization fiom FEC' to build the Kyoto at-grade rililrotui crossing
the City will pay FEC the sum of $160.000,00 on completion of the crossing site
in ament ofthe d is-.& IXC had originally rehsttd the rtuthorization for the
crosshg on May 29,2001 in a letter 1s the City., due to SAPR'I'Y fo motorists arid
train Enghxcrs. Ibc City should not pay FEC the slun of $ i 60.000,OO hccmue it
looks very much like H. bribe.
2) How much the City will pay FEC for building the crossing OV~F the FEC tracks
and install the signalization and gates ?..
3) Wow much the City will pay for building the msd intmection with siyntriizatiori
on Alternate AlA ?..
4) If ever accepted by b;EC and Fk4, bw much will it cost the City to M~~P&C
Kyoto Oardens Drive to qualify for a QtIl€iT %ONE ?..
5) How much will it cost the City for the mairitenrtncc of the Kyoto RR crossing 3,.
6) How much will it cost the City if later on a grade separated crossing or overhead
highway bridge is required st Kyoto Gardens Drive due b ACCDENTS ?..
The railroad crossing was originally plluuwi in parcel SB. It would have been a SAFER
crossing than Kyoto Gardens Drive in puce! 5A. The SW highway rwnp could haw been
build to accommodate a grade sepmutcd crossing or overhead highway bride at Kyoto
and it would have swd FDOT the sum of over $1 .OOO.oQo,OO by not building a SW
highway bridge over Kyoto and a longer ramp approach. The CITY could have asked
FDOT to allocate that sum of over $1.000.000,00 for the building of a grade Yeparared
crossing or overhead highway bridge at Kyuto. It would have been cost efficient ad
would have been the SAFEST railmact crossing in the City,
COPY funu 'shed to:
Bruce CONROY, FDOT Chid Administrative Law Council.
Special District Services, Inc.
February 7,2008
Ms. Kara Irwin
Growth Management Administrator
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Ordinance 1,2008 and Ordinance 2,2008
Community Development Districts for Parcels 5A & 5B
Dear Ms. Irwin,
As applicant for the above-referenced petitions, I would like to formally request that
these items be postponed until the April 3, 2008 Council Meeting. We are continuing to
gather information that we wish to further discuss with staff prior to any decision on
these items.
If you have any questions, please do not hesitate to call me at (561) 630-4922.
Sincerely,
A
Peter Pimentel,
President
Coroorate Office
The Oaks Center
2501A Bums Road
Palm Beach Gardens, FL 33410
Direct: 561.630.4922
Contact Information
Toll Free: 877.737.4922
Fax: 561.630.4923
www.sdsinc.org
Miami Branch
Crexent Business Center
6625 Miami Lakes Drive, Ste. 346
Miami Lakes, FL 33014
Direct: 305-777-0761 ext. 11 IO
BOWL€ Engineering Excellence Since 1942
3550 SW Corporate Parkway Palm City, Florida 34990
772.286.3883 Fax 772.286.3925 www. boyleenqineerinq.com
Employee Owned
Memorandum
TO:
FROM:
DATE:
Ron Ferris, City Manager
Daniel P. Clark, P.E., City Engineer*
February 5,2008
SUBJECT: Road Construction
There are several State and County owned roadway segments within the City scheduled for construction
and funded. Attached is a map depicting these segments. The numbers shown on the map correspond to
the descriptions below.
1. Donald Ross Road from the Turnpike to the ICW. Any portion of Donald Ross that is still four
lanes will be expanded to six lanes. Northern Palm Beach County Improvement District is the
responsible agency. Bids open February 14, 2008 with an anticipated construction start date of
May 1,2008.
2. Intersection of PGA Boulevard and US-1. Construction of drainage improvements to the
intersection. FDOT is the responsible agency. Construction to begin June/July 2008 and last for
250 days.
3. Intersection of RCA Boulevard and Alt. A1A. Construction of a right hand turn lane and other
miscellaneous improvements. Joint project with WCI, Palm Beach County and FDOT.
Construction starting approximately June/July 2008.
4. 1-95; PGA to Donald Ross Road. Widen 1-95 to include HOV lanes as was done from Northlake
to PGA. FDOT is the responsible agency. Construction is scheduled for start in mid 2008.
5. PGA Boulevard from 1-95 to the Turnpike. Resurfacing project. FDOT is responsible agency.
In the five year plan, design work occurs 2008, construction funded for 201 1.
6. Military Trail from Blue Heron Boulevard to PGA Boulevard. Resurfacing project. Asking for
input from effected agencies now. FDOT is responsible agency. In the five year plan, funded
for 201 1.
7. Florida Turnpike. Widening from Lake Worth to Jupiter. Turnpike Authority is responsible
agency. Schedule is evolving, with construction beyond 201 8.
BOWL€ Page 2 of 2
8. PGA Boulevard from Ryder Cup to the Bee Line SR710. Resurfacing project, no widening
included. FDOT is responsible agency. In the five year plan, funded for 2009.
cc: KaraIrwin
Dan Reidy
Jack Doughney
\\pbgvfile\LBFH\DanCIarkhemo on road construction.doc
T
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, Amanda J. Buckley, a child of the Palm Beach Gardens
community, an athlete, a friend, and a young lady with a smile as big as the sky,
was born on August 19, 1988, at Good Samaritan Hospital in West Palm Beach; and
WHEREAS, Amanda was full of life and all those who experienced her warm
embrace knew that something special had touched their lives; and
WHEREAS~ Amanda demonstrated great athletic ability as a young girl and
throughout her days at Palm Beach Gardens High School and was most proud of
being on the first Gardens softball team to win a State Championship; and
WHEREAS, Amanda :S passion and love for softball culminated into a full
athletic and academic scholarship to St. Leo University; and
WHEREAS, Amanda also made time to volunteer her time with activities
such as the Big Heart Brigade, Earth Day, participation in feeding the homeless at
St. Edwards Church, and she contributed her time to the Angel tree for
disadvantaged children; and
WHEREAS, Amanda:S death last summer left Palm Beach Gardens with a
deep feeling of sorrow of the loss of such an outstanding young woman; and
WHEREAS, The City of Palm Beach Gardens wants to dedicate the softball
field at Plant Drive Park to the memory of Amanda J. Buckley, a great athlete,
student, friend, and leader.
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me
as Mayor of the City of Palm Beach Gardens, Florida, do hereby dedicate this field as
the
·~manda J. Buckley Field of Dreams"
Memorial Stadium and Training Facility
For now and for all future generations of the City of Palm Beach Gardens, may it
bring the same joy, happiness, friendships, and love that Amanda treasured for so
many years.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm
Beach Gardens, da, to be affixed on this 7Jh
day of Februa and Eight.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, engineers help to design, construct and maintain the
infrastructure and facilities that contribute to a high quality of life for all resident of
Palm Beach Gardens; and
WHEREAS, Palm Beach Garden's future growth depends on engineers
executing innovative, creative, high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society
shall be to advance the public welfare and to promote the professional, social and
economic interests of the engineering profession and to stimulate and develop
professional concepts among all engineers through education and in practice; and
WHEREAS, current members of the Florida Engineering Society and
the Florida Institute of Consulting Engineers are making strides to interact with the
engineering education sector to prepare future engineers to maintain our economic
leadership and quality of life;
WHEREAS, it is fitting that we recognize and honor the continuing
contributions of America's engineers by observing Engineers Week with the motto:
"Engineering The Future':·
NOW, THEREFORE, I, Joseph R Russo, Mayor of the City of Palm Beach
Gardens, Florida, do hereby proclaim the week of February 17-23, 2008 National Engineers
Week.
ATTEST:
Patricia Snider, CMC, City Clerk
IN WITNESS WHEREOF, I have Mreunto
set my hand and cawred the Seal of the City
of Palm Beach Gardens, Florida, to be
affixed this '{lit Da f', brua in IM ar
Tlllo Thousand (l • t.
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, the ArtiGras Fine Art Festival will bring together 150,000 people, from near and
far, February 16-18, 2008 in an atmosphere of education and fun at Abacoa Town Center in
Jupiter, Fla., and
WHEREAS, ArtiGras will bring together over 300 of the world's greatest artists and their
works, and
WHEREAS, thousand of exquisite hand-made crafts and original pieces of artwork will be
available for public viewing and purchase, and
WHEREAS, the spirit of the Northern Palm Beaches will be exhibited in ArtiGras' 1,200
volunteers, its many generous sponsors, the businesses of our community and the Northern Palm
Beach Country Chamber of Commerce,
WHEREAS, in the fullest spirit of the term "Arts," ArtiGras will provide the finest and most
exciting national and local entertainment,
WHEREAS, the net proceeds from ArtiGras will go towards the ArtiGras Art Education Fund
which supports art education in local community schools,
NOW, THEREFORE, I. Joseph R. Russo, by virtue of the authority vested in me
as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
February 16 -18 2008 as :
ARTIGRAS WEEKEND
in the City of Palm Beach Gardens and urge all citizens to celebrate Artigras Weekend
by attending and participating at this event.
A ~
Patricia Snider, CMC, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of Palm Beach Gardens,
Florida, to be affixed on this 1" day of February in the
Year Two Thousand i
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, the ArtiGras Fine Art Festival will bring together 150,000 people, from near and
far, February 16-18, 2008 in an atmosphere of education and fun at Abacoa Town Center in
Jupiter, Fla., and
WHEREAS, ArtiGras will bring together over 300 of the world's greatest artists and their
works, and
WHEREAS, thousand of exquisite hand-made crafts and original pieces of artwork will be
available for public viewing and purchase, and
WHEREAS, the spirit of the Northern Palm Beaches will be exhibited in ArtiGras' 1,200
volunteers, its many generous sponsors, the businesses of our community and the Northern Palm
Beach Country Chamber of Commerce,
WHEREAS, in the fullest spirit of the term "Arts," ArtiGras will provide the finest and most
exciting national and local entertainment,
WHEREAS, the net proceeds from ArtiGras will go towards the ArtiGras Art Education Fund
which supports art education in local community schools,
NOW, THEREFORE, L Joseph R Russo, by virtue of the authority vested in me
as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
February 16 -18 2008 as:
ARTIGRAS WEEKEND
in the City of Palm Beach Gardens and urge all citizens to celebrate Artigras Weekend
by attending and participating at this event.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City ofPalm Beach Gardens,
Florida, to be affixed on his 1" day of February in the
Year Two Thousand Ei t.
C1TY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, according to the American Heart Association, congenital heart
defects are the most frequently occu"ing birth defects in the United States today and
the primary cause of birth defect related deaths; and
WHEREAS, congenital heart defects, present in approximately one in every
100 births, range in severity from mild to more severe with some defects requiring
multiple surgeries, a lifetime of medication, and other measures; and
WHEREAS, despite the advances, there is still much to be done in
understanding and treating this disease; and
WHEREAS, the Congenital Heart Information Network (CHD Awareness
Week Sponsor) aloNg with other organizations, such as Angel's Pediatric Heart
House and involved citizens participate, Febroary 'J'h -14th has been designated as a
week to increase awareness and education about congenital heart defects; and
WHEREAS, by providing support to the families impacted by this disease
and recognizing the dedicated medical professionals who offer such outstanding
service, we can make a difference; and
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in
me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
February 7, 2008 through February 14, 2008 as:
"A Day for Hearts":
Congenital Heart Defect Awareness Week in the City of Palm Beach Gardens.
Attest:
Clerk
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm Beach
Gardens, Florida, to be affixed on this t1' day of
February in the Year of
Eight