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HomeMy WebLinkAboutAgenda Council Agenda 010407 City of Palm Beach Gardens Council Agenda January 4, 2007 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Jablin Vice Mayor Barnett Council Member Levy Council Member Valeche CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 4, 2007 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Professional excellence award. 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. (Staff Report on Page 5, Resolution on Page 7) Resolution 2, 2007 – Approve an agreement with the Children’s Healthcare Charity, Inc. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving an agreement with the Children’s Healthcare Charity, Inc. for the 2007 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. b. (Staff Report on Page 21, Resolution on Page 23) Resolution 5, 2007 - Application for Palm Beach County EMS Grant Funds. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving application to the Palm Beach County Emergency Medical Services Surcharge Fund; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. c. (Page 25) Proclamation – Childhood Cancer Awareness Week. d. (Page 26) Proclamation - We Can Day (Ways to Enhance Children’s Activity and Nutrition) IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 27, Resolution on Page 29) Resolution 01, 2007 - Borland Center Replat. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving the Borland Center Replat; and providing an effective date. Part II – Non-Quasi-judicial a. (Staff Report on Page 40, Ordinance on Page 42) Ordinance 36, 2006 – (2nd Reading and adoption) - Amending the Fiscal Year 2005/2006 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2005, and ending September 30, 2006, inclusive; and providing an effective date. b. (Staff Report on Page 58, Ordinance on Page 60) Ordinance 37, 2006 – (2nd Reading and adoption) - Amending the Fiscal Year 2006/2007 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2006, and ending September 30, 2007, inclusive; and providing an effective date. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 69, Ordinance on Page 76) Ordinance 23, 2006 - Addresses, subdivision names and street names. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to street names and addresses; creating a new Section 78-28, of the City Code of Ordinances, entitled “Addressing Committee”; amending section 78-275, City Code of Ordinances, entitled “Addresses”; amending section 78-483, City Code of Ordinances, entitled “Subdivision Name”; and amending section 78-493, City Code of Ordinances, entitled “Street Names”; providing for codification; and providing an effective date. 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 CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 15,2006 Meeting Date: January 4, 2007 Resolution 2, 2007 SubjectlAgenda Item: Approve an agreement with the Children's Healthcare Charity, Inc. for the 2007 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. suDervision. materials and sumlies for oPeration of the event. [XI Recommendation to APPROVE 1 Recommend Reviewed by: Finance Administrator Submitted by: Jack Doughney Community Services Administrator Approved by: &r/s City Managj'er tion to DENY Originating Dept.: Community Services Jack Doughney, Community Services Administrator Advertised: Date: Paper: [ x ] Not Required Affected parties Notified [ x ] 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 w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 2, 2007 Q==E=t [ ]None Date Prepared: December 15,2006 Meeting Date: January 4, 2007 Resolution 2, 2007 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 26 thru March 4, 2007 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. This year's tournament event is being operated by the Children's Healthcare Charity, Inc. During the previous four years of the Honda Classic the City contributed labor, equipment, materials and supplies to the operation beginning three weeks prior to the event through one week post-event clean up. 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 and an area adjacent to the Palm Beach Gardens Tennis Center site for volunteer parking during the tournament week. 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 2, 2007 as presented 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 2,2007 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 2007 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) and the Palm Beach Gardens Tennis Center (“Tennis Center”) 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: November 15,2006 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 15,2006 Resolution 2, 2007 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 properties 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: 1. 2. 3. 4. 5. 6. 7. 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. 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. Charity submits a grant application in accordance with the grant criteria and deadlines. 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: 2 Date Prepared: November 15,2006 Resolution 2, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I. 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, 2007. 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 Ag ree men t . SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: November 15,2006 Resolution 2,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2007. 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 FFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE -- AYE NAY ABSENT \\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\Honda Classic- Reso 2 2007.doc 4 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida (“City”), and CHILDREN’S HEALTHCARE CHARITY, INC., a Florida not-for-profit corporation (‘IC h a ri t y ”) . WHEREAS, the Charity has requested the City lease PGA National Park and Palm Beach Gardens Tennis Center for use as a temporary vehicle parking site during the Honda Classic Golf Tournament to be held at the PGA National Resort and Spa; 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 1 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, and 3.64 acres of land known as Tennis Center and legally described as follows: PGA NATIONAL PARK 15-42-42, TH PT OF S 1/2 LYG S OF LEXINGTON GREEN COND, ELY OF & ADJ TO RYDER CUP BLVD AS IN OR5239P227 (LESS PB55P160) TENNIS CENTER 2-42-42, S 1274.18 FT OF E 50 FT OF NE 1/4 (LESS TRGLR PT AS IN 0 R6496 P3 2 5) 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 25,2007, and shall cease at 7:OO p.m. on March 6, 2007 (“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 (1 0) 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 n q u e ncy . 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. 2 -- 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. 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. 3 Section 4.03 Govern men t 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 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. 4 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. ARTICLE VI1 INSURANCE Section 7.01 7.01 .I 7.01.2 Section 7.02 Required Coverages. 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. 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. 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. 5 ARTICLE Vlll IN DEMN I 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 Agreement. Further, nothing contained herein is intended nor shall be construed to waive 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 of 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 TE RM I N AT1 0 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. 6 ARTICLE XI MISCELLANEOUS Section 11.01 En ti re Agree men t . 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: If to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Attn: City Manager If to the Charity: Children’s Healthcare Charity, Inc. 631 US Highway One Suite 41 0 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. 7 Section 11.04 Severa bi 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 1 I .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. 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 trail by jury in connection with proceedings or counterclaims brought by either party hereto against the other in connection with this Agreement. a 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 .I2 Non-exclusivity 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. 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) 9 IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this day of ,2007. 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: Cwstine P. Tatum, City Attorney EXECUTED BY THE CHARITY this day of THE CHILDREN'S HEALTHCARE CHARITY, INC., a Florida not-for-profit corporation BY: + (SEAL) ATTEST: B \\Pbgsfile\Attorney\attorney-shareWGREEMENTS\Honda Classic Agreement PGA Park.doc 10 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 15,2006 Meeting Date: January 4, 2007 Resolution 5, 2007 SubjecVAgenda Item: Approving an Application for Palm Beach Emergency Medical Service Surcharge Grant Funds. [XI Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: I Crty Attorney w Finance D' ctor & Submitted by- - eter T. Berge , Fire Chief Department Director Approved by: @&- City Manager Originating Dept.: Chris R. Brown, Deputy Advertised: Date: Paper: [ x] Not Required Affected parties [ ]Notified / [ x 1 Not required $- Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 5.2007 [ ]None Date Prepared: December 15,2006 Meeting Date: January 4, 2007 Resolution 5,2007 BACKGROUND: Each year the Palm Beach County Emergency Medical Services Division makes available Grant Funds for local Emergency Medical Service Providers. These funds are used to increase or enhance service levels. This year the Fire Rescue Department is requesting funds in the amount of $21,500.00 for the purchase of an Ambulance Training Simulator for the EMS Training Lab at Fire Station #5. This training simulator will allow for training scenarios in a life-like climate-controlled environment. In addition, other students can monitor scenario progression through the use of close-circuit video, which is taped for play back with the participating student(s). This request is well within the fundable range of the grant program and meets the stated goals for disbursement. STAFF RECOMMENDATION: Staff recommends a motion for approval of Resolution 5, 2007. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 5,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING APPLICATION TO THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES SURCHARGE FUND; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, public records indicate there exists today in Palm Beach County an Emergency Medical Services Surcharge Fund to be distributed to providers of Emergency Medical Services to improve or expand the County EMS system; and WHEREAS, these funds are available as part of a local competitive grant process; and WHEREAS, the City of Palm Beach Gardens Fire Rescue Department is the sole provider of Advanced Life Support Services within the City of Palm Beach Gardens; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor is hereby authorized and directed to make application to Palm Beach County Emergency Medical Services far funds to be made available to the City of Palm Beach Gardens from the Palm Beach County Emergency Medical Services Surcharge Fund. SECTION 3. Upon receipt of such funds by the City of Palm Beach Gardens, no portion of the existing operating budget for Emergency Medical Services shall be reduced or diminished. SECTION 4. This Resolution shall become effective immediately upon adoption. Date Prepared: December 15, 2006 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: December 15, 2006 Resolution 5, 2007 PASSED AND ADOPTED this day of , 2007 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 Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR BARNETT --- COUNCILMEMBER JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- \\Pbgsfile\Attomey\attorney-share\RESOLUTIONS\emergency medical svcs surcharge fund - res0 5 2007.d~ 2 1 i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 27,2006 Date Revised: December 13,2006 Meeting Date: January 4,2007 Resolution 1,2007 SubjectlAgenda Item: Borland Center Replat [XI Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: Growth Manaaement City Attorney Finance Administrator L Submitted by: **L.,'-k. *.+. .?, ; Judy A. Taylor Dye Assistant City Engineer ~, > \* ' r, -' PY Approved by: City Manader Originating Dept.: Engineering 1: -> < Judy A. Taylor Dye Assistant City Engineer Xd..*;:rE . f-h<b ; -/.< 5' Advertised: Date: Paper: [ X ] Not Required Affected parties [X ] Notified -- I 1 Not rewired Costs: $ NIA (Total) $ NIA Current FY Funding Source: [ ] Operating [X ] Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments : Resolution 1, 2007 [ ]None STAFF RECOMMENDATION: The Borland Center Replat includ Borland Center) commercial and resider th Page 2 of 2 Date Prepared: November 1,2006 Date Revised: December 13,2006 Meeting Date: January 4,2007 Resolution 1, 2007 latting of the lands within the Midtown (fka parcel, due to minor field modifications of the on-site utilities resulting in revisions in the originally-platted easements and encumbrances, being a parcel of land lying north of PGA Boulevard, between Military Trail and Central Boulevard containing in all 44.14 acres, more or less. The original Borland Center Plat was lessed by approximately 2.96 acres with the dedication of Tract 9 to the City of Palm Beach Gardens for roadway purposes. Plat Book 104, Pages 1 10- 1 17 show the original dedication for consistency with the Master Plan. Staff recommends approval of Resolution 1, 2007 C:\Temp\Temporary Internet Files\OLK23\PLAT - midtown-borland replat - reso 144 2006.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 L Date Prepared: November 27,2006 RESOLUTION 1,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE BORLAND CENTER REPLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Borland Center Replat; and WHEREAS, the City Engineer has determined that the proposed replat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, Florida Statutes, and recommends approval of the plat; and WHEREAS, the replat is consistent with the City’s Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Borland Center Replat consisting of eight (8) sheets, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit “A.” SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: November 27,2006 Resolution 1, 2007 PASSED AND ADOPTED this day of ,2007 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: Christine P. Tatum, City Attorney AYE NAY ABSENT VOTE: -- MAYOR RUSSO --- VICE MAYOR BARNETT --- COUNCILMEMBER JABLIN --- COU NCI LM EM BE R LEVY COUNCILMEMBER VALECHE --- --- Jb \\Pbgsfile\Attorneyki\atorney-share\RESOLUTIONS\PLAT - borland center replat - reso 1 2007.doc 2 Date Prepared: November 27,2006 Resolution 144, 2006 EXHIBIT A I I 1 il 'I ii 3 m Z -I .. m I j L- 1 I l-+ I I I I I I I I I I I I I I I I I IE I! ;I I1 I I I I I I I I I I I I I I I I I cn I: -I Ip m m I v) I -I m m ),; / I r I I r----------- 'I I I I I I I; IC I I I I I I I I I I I 1 \ (i I! I! I Icn I I I i SHEET 4 OF I "I I I SEE SHEET 6 OF 8- 1 SEE SHEET 7 OF 8 I I I CZI \ \\ \) --____ I I I I I I I I I I' I ' iI I 1' I 11 I, I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I ii I 03 b I1 1'1 l!l I i I I I I I I I I I i I I I I ---- I \ I I I I !pJ I !h I --A r 0 I -7-l I I 1 SEE SHEET 4 OF 8 I I I I I y" I I I I I I I I I I I \ \I \I I I I ;+ I i I i I i I i z 9 --I 0 I I- 7 - m IK 1: ii IP i!! I i I i I I I I I I I I 1 I I I I I I =I v In :I I I I I I I I I I I I I r -i ;D D 0 -I I I I I I 11 I I i - I ? I .2 I 0 --I P hY MATCH -- I N I I I I I I I I I I I I 1 I I I I I I E mw N I r -8 ' v: I I I . r I c --- -0 GJ P W 0 C rn r 6 W 0 W 0 rn F 2 0 N Leo' UT~L~TY USEMENT (0 R 0 2800. PAGE 1915) CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 12,2006 Meeting Date: January 4, 2007 Ordinance 36, 2006 SubjecVAgenda Item: Ordinance 36, 2006, amending the Fiscal Year 2005/2006 Budget [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: I City Attorney c Submitted by: Allan Owen @ Department Director Approved by: Gd2C City Mdnagd Originating Dept.: Advertised: Date: 12/20/06 Paper: P.B. Post [ ] Not Required Affected parties ptified [ ] Not required costs: $ 0 (Total) $0 Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: ] Approved ]Approved w/ conditions ] Denied ] Continued to: Attachments: Ordnance 36,2006 Exhibit “1” [ ]None Date Prepared: December 12,2006 Meeting Date: January 4, 2007 Ordinance 36, 2006 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 increaseddecreases to revenueslexpenditures contained in Exhibit “I” detail some of the major variances that comprise this total increase. This schedule segregates the variances that are a result of timing differences from current year differences. The following additional items have been added subsequent to first reading: $1 45,000 increase in revenue and expenditure in the Police Impact Fund to reflect the grant and related expenditure that was booked to record the acquisition of the Mobile Command Vehicle: $53,310 to record a final transfer that was booked from the General Fund to the Fleet Fund to fully fund depreciation of fixed assets; and $20,000 to the Golf Fund to cover the final cost of capital projects carried forward to FY 2007. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 36, 2006 on second reading. ~~~~~ Date Prepared: November 15,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 36,2006 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 1,2005, AND ENDING SEPTEMBER 30,2006, INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2005/2006 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2005/2006 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 1,2005, through September 30,2006, inclusive. SECTION 3. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: November 15,2006 Ordinance 36,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED this 7? day of I>I@M(SL* , 2006, upon first reading. PASSED AND ADOPTED this day of ,2007, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Jody Barnett, Vice Mayor Eric Jablin, Councilmember David Levy, Councilmember FOR AGAINST ABSENT Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlC IENCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDlNANCES\budget amendment 2005-06 - Ord 36 2006.doc 2 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Contingency Salaries Electricity Conversion of Leave Professional Services Seminar and Conference Travel and Per Diem Printing and Binding Training and Education Equipmant Rental Maintenance Contracts Capital Equipment Hardwa Capital Equipment Softwan Health and Life Insurance Professional Services Professional Services City of Palm Beach Gardens Ordinance 36,2006 - Budget Amendment FYE 09/30/2006 Exhibit "1" GENERAL FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 001.0100.511.5910 (30,000) (30,000) Total Increase (Decrease) In Council (30,000) (30,000) 001.0200.512.1210 21,300 21,300 001.02OO.512.4320 9,800 9,800 Total Increase (Decrease) In Administration 31,100 31,100 001.021 0.552.1550 (3,300) (3,300) 001.0210.552.3710 (2,300) (2,300) 001.0210.552.4010 (2,600) (2,600) 001.0210.552.4710 (5,400) (5,400) 001.0210.552.3150 700 (3,400) (2,700) Total Increase (Decrease) In Economic Development (12,900) (3,400) (1 6,300) 001.0220.512.3810 (I 7,900) (10,000) (27,900) 001.0220.512.4650 (52,500) (6,830) (59,330) 001.0220.512.6140 26,000 26,000 001.0220.512.6450 (20,200) (134,160) (154,360) 001.0220.51 2.4420 (22,101) (22,101) Total Increase (Decrease) (237,691) In Information Tech (61,600) (173,091) 001.0230.512.2310 (11,000) (1 1,000) 001.0230.512.3150 (13,700) (13,700) Total Increase (Decrease) In City Clerk (24,700) (24,700) 001.0240.514.31 60 (25,000) (25,000) Total Increase (Decrease) In Legal (25,000) (25,000) 1 ~- 12/13/2006G:\finance-administration\Budget Amendments\FY 2006 year end amendment Professional Services Postage and freight Community Promotion Materials and Supplies Salaries Retirement Contributions Training and Education Professional Services Salaries Garbage Collection Principal - Debt CIP Costs of Issuance Transfer to Other Funds Transfer to Flyover Fund Salaries Retirement Contributions Professional Services Telephone Materials and supplies Equipment Radio Consortium Expendit CIP Overtime Conversion of Leave Retirement Contributions Health and Life Insurance Professional Services Workers Compensation Equipment Vehicles Uniforms and Leather Good 001.0250.512.3150 001.0250.512.4120 001.0250.512.4800 001.0250.512.5200 Total Increase (Decrease) In Public Relations 001.0300.513.1210 001.0300.513.2210 001.0300.513.3810 Total Increase (Decrease) In Human Resources 001.0600.513.3150 001.0600.513.1210 Total Increase (Decrease) In Finance 001.0900.519.3440 001.0900.519.7110 001.09OO.519.6900 001.0900.519.9900 001.0900.519.9100 001.0900.519.9108 Total Increase (Decrease) In General Services 001.1000.521.1210 001.1000.521.2210 001.1000.521.3150 001.1000.521.4110 001.1000.521.5200 001.1000.521.6400 001.1OO0.521.8120 001.1000.521.6900 Total Increase (Decrease) In Police Admin 001.1030.521.1410 001.1030.521.1550 001 .1030.521.2210 001 .1030.521.2310 001.1030.521.3150 001.1030.521.2410 001.1030.521.64OO 001.1030.521 .a10 001.1030.521.5294 Total Increase (Decrease) In Police Uniform Ops (5,700) (16,800) (5,400) (4,100) (5,700) (16,800) (5,400) (4,100) (32,000) (32,000) (81,000) (81,000) (19,000) (19,000) (25,000) (25,000) (125,000) (125,000) 20,000 (20,000) (11,000) (11,000) 9,000 (20,000) (1 1,000) 435,000 435,000 (218,000) (218,000) 1,522,400 (369,471) 1,152,929 39,500 39,500 173,310 173,310 (300,000) (300,000) 1,652,210 (369,471) 1,282,739 (97,000) (97,000) 119,000 11 9,000 (14,800) (2,400) (17,200) (1 7,000) (17,000) 665,000 665,000 (47,300) (47,300) (1 43,300) (143,300) (675,700) (675,700) (67,800) (2,400) (143,300) (213,500) 100,700 100,700 62,600 62,600 (269,000) (269,000) 169,100 169,100 (95,500) (95,500) 44,200 44,200 73,700 (120,954) (47,254) (5,000) (5,000) (30,300) (7,054) (37,354) 55,500 (1 28,008) (5,000) (77,508) 2 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Salaries Retirement Contributions Equipment Rental Materials and Supplies 001 .1040.521.1210 001 .lO40.521.2210 OO1.1040.521.4420 001.1040.521.5200 (105,000) (105,000) (46,600) (46,600) (1 2,500) (102) (12,602) (20,000) (20,000) Total Increase (Decrease) In Police Uniform Ops (184,100) (102) (184,202) Salaries Overtime Conversion of Leave 001.1200.522.1210 001.1 200.522.1410 001.1200.522.1550 33,000 33,000 18,000 18,000 29,000 29,000 Total Increase (Decrease) In Fire Admin 80,000 80,000 Salaries Overtime Incentive Longevity Conversion of Leave Health and Life Insurance Workers Compensation Professional Services Other Repairs and Maintenance Materials and Supplies Equipment Vehicles 001.1230.522.1210 001.1230.522.1410 001.1230.522.1510 001.1 230.522.1540 001.1230.522.1550 001.1230.522.2310 001.1230.522.2410 001.1230.522.3150 001.1 230.522.4600 001.1230.522.5200 001.1230.522.6400 001.1230.522.6410 187,700 187,700 268,700 268,700 25,000 25,000 35,000 35,000 (134,000) (134,000) 56,000 56,000 16,000 16,000 (16,500) (1,440) (1 7,940) 68,000 68,000 (6,600) (64,209) (70,809) (129,980) (129,980) (21 0,000) (210,000) Total Increase (Decrease) In Fire EMS 289,300 (1 95,629) 93,671 Salaries Professional Services Professional Services-Scripp 001.1400.51 5.1 21 0 001.1400.515.3150 001.1400.515.3151 (1 02,000) (102,000) 81,119 (27,478) (23,819) 29,822 (2,947,616) (2,947,616) Total Increase (Decrease) In Growth Mgmt Admin (20,881) (27,478) (2,971,435) (3,019,794) Salaries Retirement Contributions 001.1420.515.1210 001.1420.515.2210 (63,000) (63,000) (20,000) (20,000) Total Increase (Decrease) In P&Z (83,000) (83,000) Health and Life Insurance Materials and Supplies Equipment Vehicles 001.1430.524.2310 001.1430.524.5200 001.1430.524.6400 001.1430.524.6410 (1 6,000) (16,000) 1,100 (2,500) (1,400) (1 0,000) (10,000) Total Increase (Decrease) In Code Enforcement (30,899) (2,500) (10,000) (43,399) 3 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Electricity CIP 001.2000.572.4320 (30,000) (30,000) 001.2000.572.6900 (375,925) (2,155,676) (2,531,601) Total Increase (Decrease) In Recreation Admin (30,000) (375,925) (2,155,676) (2,561,601) Salaries 001.2030.572.1210 (40,000) (40,000) Part Time Salaries 001.2030.572.1310 (12,000) (12,000) FICA 001.2030.572.2110 (5,900) (5,900) Retirement Contributions 001.2030.572.2210 (10,000) (10,000) Health and Life Insurance 001.2030.572.2310 (4,200) (4,200) Total Increase (Decrease) In Athletics (72,100) Salaries Salaries 001.2031.572.1210 500 500 Total Increase (Decrease) In Seniors 500 500 001.2032.572.1210 (6,000) (6,000) 4 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Total Increase (Decrease) In Aquatics (6,000) 8.000 (6,000) 8.000 Salaries 001.2033.572.1210 Total Increase (Decrease) In Tennis 8,000 8,000 Salaries Part-time Salaries Health and Life Insurance Retirement Contributions Health and Life Insurance 001.2040.572.1210 001.2040.572.131 0 001.2040.572.2110 001.2040.572.2210 001.2040.572.2310 26,000 26,000 9,000 9,000 3,000 3,000 5,000 5,000 4,000 4,000 Total Increase (Decrease) Rec General & Teen Prgm 47,000 47,000 Health and Life Insurance 001.2041.574.2310 1,500 1,500 Total Increase (Decrease) Spec I% Cultural Events 1,500 1,500 Electricity Health and Life Insurance Equipment Interest Expense 001.2080.519.4320 001.2080.519.2310 001.2080.519.6400 001.2080.51 9.721 0 45,000 (1 6,000) (1 2,500) (66,031) 45,000 (16,000) (25,500) (66,031) (13,000) (13,000) Total Increase (Decrease) In Parks (49,531) (62,531) Salaries Professional Services CIP 001.2090.539.1 21 0 001.2090.539.3150 001.2090.539.6900 (15,000) (15,000) (1 70,000) (170,000) (138,308) (138,308) Total Increase (Decrease) In Grounds (353,305) (353,305) Salaries Part-time Salaries Retirement Contributions Health and Life Insurance Professional Services Prof Services-Remediation Electricity CIP 001.3000.539.1210 001.3000.539.1310 001.3000.539.2210 001.3OOO.539.2310 001.3000.539.3150 001.3000.539.3155 001.3000.539.4320 001.3000.539.6900 (51,000) (51,000) (37,000) (37,000) 86,400 (1 7,426) 68,974 (148,800) (148,800) (2,000,000) (2,000,000) Total Increase (Decrease) In PW Admin (2,150,400) (17,426) (2,167,826) 5 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Salaries CIP 001.3030.539.1210 001.3030.539.6900 (17,000) (17,000) (198,654) (198,654) Total Increase (Decrease) In Facilities Maintenance (17,000) (198,654) (215,654) Salaries 001.3040.541.1210 Contractual Services 001.3040.541.3400 Repairs and Maintenance 001.3040.541.4600 Materials and Supplies 001.3040.541.5200 CIP 001.3O40.541.6900 (39,800) (39,800) (138,000) (138,000) (35,200) (35,200) (1,861) (1,861) (466,879) (1,525,314) (1,992,193) Total Increase (Decrease) In Storm Water (213,000) (468,740) (1,525,314) (2,207,054) Overtime CIP 001.3050.541.1410 001 .3050.541.6900 22,500 22,500 ~20.000~ ~20.000~ Total Increase (Decrease) In Streets 22,500 (20,000) 2,500 (17,000) (17,000) (14,200) (1 4,200) (10,900) (1 0,900) 73,700 73,700 Salaries 001.3070.539.1210 Health and Life Insurance 001.3070.539.2310 Other Contractual Services 001.3070.539.3400 Electricity 001.3070.539.4320 Total Increase (Decrease) In BRCRC Maint 31,600 31,600 (23,600) (23,600) (9,300) (9,300) (10,600) (10,600) 8,000 (898) 7,102 (3,800) (3,800) Salaries 001.3080.539.1210 Part Time Salaries 001.3080.539.1310 Health and Life Insurance 001.3080.539.2310 Contractual Services 001.3080.539.3400 Repairs and Maintenance 001.3080.539.4600 Total Increase (Decrease) In Riverside Maint (39,300) (898) (40,198) S a 1 a r i e s Overtime Conversion of Leave Professional Services Capital Equipment CIP 001.3090.524.1 210 001.3090.524.1410 001.3090.524.1550 001.3090.524.3150 001.3090.524.6400 001.3090.524.6900 (77,000) (77,000) 51,000 51,000 46,000 46,000 83,000 83,000 (65,000) (65,000) (1 35,000) (1 35,000) Total Increase (Decrease) In Construction Services 103,000 (200,000) (97,000) Total Increase (Decrease) In Expenditures (1,300,306) (1,778,068) (7,249,379) (10,327,753) 6 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Ad valorem taxes Electric Franchise Fee Solid Waste Franchise fee Telecommunications Tax Federal Grants Occupational Licenses Building Permits Training Surcharge Application Filing Fees State Grants General Govt State Grants Police State Revenue Sharing Alcoholid Beverage License Sales Tax County Occupational Licen! EMS Transport Fees Interim Service Fees Swimming Pool Fees Court Fines Parking Fines Code Enforcement Fines $12.50 Traffic Fines Interest Income Fire Department Donations Police Department Donatior Unrealized Gain/Loss Other Miscellaneous Reveni Rebbursement City Servicc InsuranceProceeds Tax Search Loan Proceeds Revenues/Sources 001-311.2000 001-31 3.1000 001 -313.7000 001.314.2000 001.321 .0000 001-331.1000 001-322.0000 001 -322.001 0 001-329-0002 001.334.1000 001.334.2000 001-335.1200 001-335.1500 001-335.1 800 001 -338-2000 001-342.6000 001-343-4000 001-347-2400 001-351-1000 001-351-1020 001-351-1030 001-351-1040 001-361.1001 001-366.0000 001-366.1000 001.367.0000 001.369.0000 001.369.0002 001.369.1000 001.369.2100 001.383.1000 Total Increase (Decrease) Revenues/Sources Operating Differences Total Increase (Decrease) In Revenues 125,500 125,500 678,200 678,200 86,900 86,900 11,400 11,400 1,692,500 1,692,500 69,100 69,100 (224,800) (224,800) 49,400 49,400 233,500 233,500 (1 56,000) (156,000) (79,900) (79,900) 11,000 11,000 (220,100) (220,100) 17,500 17,500 (358,000) (358,000) (13,800) (1 3,800) 13,200 13,200 (118,200) (118,200) 10,500 10,500 11,000 11,000 (29,000) (29,000) 424,000 424,000 21,600 21,600 14,600 14,600 34,400 34,400 141,300 141,300 62,300 62,300 33,400 33,400 (26,800) (26,800) (1,944,500) (1,944,500)- (11,100) (11,100) 433,600 433,600 Increase(Decrease) to Reserves 1,733,906 1,778,068 7,249,379 10,761,353 7 12/13/2006G:\finance~adrninistration\Budget Amendments\FY 2006 year end amendment Part Time Salaries Contract Services Professional Services Part Time Salaries Professional Services Part Time Salaries Overtime FICA Contract Services Health and Life Insurance Aquatics Resources Programs Tennis Programming Tennis Memberships Athletics and Spec Facilities Youth Enrichment Interest Income RECREATION SPECIAL REVENUE FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 104.2030.575.1310 104.2030.575.3400 104.2031.572.3150 104.2032.572.1310 104.2033.572.3150 104.2040.575.1310 104.2040.575.1410 104.2040.575.2110 104.2040.575.3400 104.2042.575.2310 (23,000) (23,000) (20,000) (20,000) 11,000 11,000 (22,600) (22,600) 40,000 40,000 (109,000) (109,000) (2,700) (2,700) (8,500) (8,500) (9,600) (9,600) (32,000) (32,000) Total Increase (Decrease) Expenditures (176,400) (176,400) Total Revenues/Sources Operating Increase (Decrease) In Revenues Differences 104.347.2032 15,500 15,500 104.347.2070 45,300 45,300 104.347.2080 (58,300) (58,300) 104.347.2091 66,200 66,200 104.347.2092 (89,000) (89,000) 104.347.2093 (94,000) (94,000) 104.347.2090 (13,800) (13,800) 104.361 .lo01 10,000 10,000 Total Increase (Decrease) Revenues/Sources (1 18,100) (1 18,100) Increase(Decrease) to Reserves 58,300 58,300 Expenditures Electricity 103.3000.539.4320 Repairs and Maintenance 103.3000.539.4600 FEC Maintenance 103.3000.539.4660 CIP 103.3000.539.6900 LOCAL OPTION GAS TAX Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures (43,700) (43,700) (297,754) (297,754) (61,196) (61,196) (2,902) (2,902) Total Increase (Decrease) Expenditures (43,700) (361,852) (405,552) 8 12/13/2006G:\finance~adrninistration\Budget Amendments\FY 2006 year end amendment Revenues/Sources Operating Differences Local Option Gas Tax 103.312.3000 128,400 Interest Income 103.361.1001 13,400 Miscellaneous Revenue 103.369.0000 131,400 PBC Reimbursement 103.369.4010 30,900 CIP Professional Services Total Increase (Decrease) In Revenues 128,400 13,400 131,400 30,900 Total Increase (Decrease) Revenues/Sources 304,100 304,100 Increase(Decrease) to Reserves 347,800 361,852 709,652 RECREATION IMPACT FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 301.2OO0.572.6900 301.2000.572.3150 (1,143,335) (1,665,765) (2,809,100) 52.653 52,653 Total Increase (Decrease) Expenditures 52,653 (1,143,335) (1,665,765) (2,756,447) Total Revenues/Sources Operating Increase (Decrease) Differeces In Revenues Federal Grants 301.331.7000 27,300 27,300 Recreation Grant (FRDAP) 301.334.9020 128,500 128,500 Interest Income 301.361.1001 2 0 8,9 0 0 208,900 Recreation Impact Fees 301.363.2700 (3,200,000) (3,200,000) Total Increase (Decrease) Revenues/Sources (2,862,600) (2,862,600) Increase(Decrease) to Reserves (2,915,253) 1,143,335 1,665,765 (106,153) POLICE IMPACT FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures Professional Services Equipment CIP 302.1000.521.3150 15,254 15,254 302.1000.521.6400 145,000 (438,757) (293,757) 302.1000.521.6900 (700,000) (700,000) Total Increase (Decrease) Expenditures 160,254 (1,138,757) (978,503) Total 9 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Interest Income Grants-Other Agencies Police Impact Fees Professional Services Equipment Vehicles CIP Interest Income Fire Impact Fees Professional Services CIP Revenues/Sources Operating Increase (Decrease) Differences In Revenues 302.361 .lo01 60,200 60,200 302.337.9000 145,000 145,000 302.363.2200 (543,500) (543,500) Total Increase (Decrease) Revenues/Sources (338,300) (338,300) Increase(Decrease) to Reserves (498,554) 1,138,757 640,203 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 20,000 20,000 303.1200.522.6400 22,000 (12,250) 9,750 303.1200.522.6410 4,000 4,000 303.1200.522.6900 (65,000) (65,000) Total Increase (Decrease) Expenditures 46,000 (12,250) (65,000) (31,250) Total Revenues/Sources Operating Increase (Decrease) Differences In Revenues 303.361.1001 43,500 43,500 303.363.2200 (722,300) (722,300) Total Increase (Decrease) Revenues/Sources (678,800) (678,800) Increase(Decrease) to Reserves (724,800) 12,250 65,000 (647,550) 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 5,000 5,000 (56,282) (1 2,894) (69,176) Total Increase (Decrease) Expenditures 5,000 (56,282) (12,894) (64,176) 10 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment Interest Income Art Impact Fees Professional Services Aid to Private Org. CIP Interest Income Road Impact Fees Other Miscellaneous Reveni Professional Services Contract Services Electricity Repairs and Maintenance Total Revenues/Sources Operating Increase (Decrease) Differences In Revenues 304.361 .lo01 14,200 14,200 304.363.2700 40,200 40,200 Total Increase (Decrease) Revenues/Sources 54,400 54,400 Increase(Decrease) to Reserves 49,400 56,282 12,894 118,576 ROAD IMPACT FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 305.Q900.541.3150 305.0900.541.8110 305.0900.541.6900 Total Increase (Decrease) Expenditures Revenues/Sources 305.361.1001 305.363.2400 305.369.0000 Total Increase (Decrease) Revenues/Sources 97,000 97,000 (74,000) (74,000) (11,308) (3,567,032) (3,578,340) 23,000 (11,308) (3,567,032) (3,555,340) Total Operating Increase (Decrease) Differences In Revenues 492,000 492,000 (1,646,100) (1,646,100) 211,900 211,900 f942.200) (942,200) Increase(Decrease) to Reserves (965,200) 11,308 3,567,032 2,613,140 PGA FLYOVER FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 308.0900.519.3150 308.0900.519.3400 308.0900.519.4320 308.0900.519.4600 Total Increase (Decrease) Expenditures (11,000) (11,000) (7,000) (7,000) (29,000) (29,000) (1 66,000) (166,000) (213,000) (21 3,000) 11 1211 3/2006G:\finance-administration\Budget Amendrnents\FY 2006 year end amendment Other Miscellaneous Rev. Transfer In Total Revenues/Sources Operating Increase (Decrease) Differences In Revenues 308.369.0000 88,000 88,000 308.381.0000 (300,000) (300,000) Total Increase (Decrease) Revenues/Sources (300,000) (300,000) (87,000) Increase(Decrease) to Reserves (87,000) 12 12/13/2006G:\finance~administration\Budget Amendments\FY 2006 year end amendment BURNS ROAD FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures Professional Services CIP Interest Income 309.0900.519.3170 309.0900.519.6900 Total Increase (Decrease) Expenditures Revenues/Sources 309.361.1001 Total Increase (Decrease) Revenues/Sources 7,900 (2,071) 5,829 (55,851) (72,088) (1 27,939) 7,900 (57,922) (72,088) (122,110) Total Operating Increase (Decrease) Differences In Revenues 6,500 6,500 6.500 6,500 Increase(Decrease) to Reserves (1,400) 57,922 72,088 128,610 13 Part-Time Salaries Salaries Part-Time Salaries Overtime FICA Health and Life Insurance Professional Services CIP Salaries Health and Life Insurance Green Fees Cart Fees GPS Fees Prepaid Permits Food Sales Beverage Sales Interest Income Miscellaneous Revenue Transfer From Other Funds GOLF FUND Total Reserved for Designated for Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 12/13/2006G:\finance-administration\Budget Amendments\FY 2006 year end amendment 7,600 23,040 30,610 Increase(Decrease) to Reserves 106.2500.572.1310 106.2540.572.1210 106.2540.572.1310 106.2540.572.1410 106.2540.572.21 10 106.2540.572.2310 106.2540.572.3150 106.2540.572.6900 106.2550.572.1210 106.2550.572.2310 Total Increase (Decrease) Expenditures Revenues/Sources 106.347.2000 106.347.2010 106.347.2030 106.347.2050 106.347.2060 106.347.2070 106.361.1001 106.369.1000 106.381 .OOOO (70,000) 10,000 20,000 20,000 5000 8000 7,000 (30,000) (13,000) (43,000) Operating Differences (20,000) (1 19,600) (19,200) (74,500) (70,800) (50,300) 22,000 25,000 272,000 (70,000) 10,000 20,000 20,000 5,000 8,000 7,000 (23,040) (30,000) (13,000) Total Increase (Decrease) In Revenues (20,000) (1 19,600) (19,200) (74,500) (70,800) (50,300) 22,000 25,000 272,000 Total Increase (Decrease) Revenues/Sources (35,400) (35,400) 14 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 12,2006 Meeting Date: January 4,2007 Ordinance 37,2006 SubjectlAgenda Item: Ordinance 37, 2006, amending the Fiscal Year 2006/2007 Budget [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: City Attorney Finance DirWr Submitted by: Allan Ow 6 Department Director City Manager Originating Dept.: Finance a Advertised: Date: 12/20/06 Paper: P.B. Post [ ] Not Required Affected parties [ ] Notified -- [ ] Not required costs: $ 0 (Total) $A Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 37, 2006 Exhibit " 1 " [ ]None Date Prepared: December 12,2006 Meeting Date: January 4, 2007 Ordinance 37, 2006 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 2006/2007 budget for amounts reserved and designated from FY 2005/2006 for outstanding purchase orders and commitments as they relate to open projects that cross fiscal years. This ordinance also amends the 2006/2007 budget to reflect the carryover of uncollected grant revenue of $285,000 related to the stormwater improvement project. In addition, a $240,000 transfer from Art Impact Fund reserves for Lakeside art, as recommended by the Art in Public Places Committee, is also reflected Please refer to Exhibit “I” for a complete listing by account number. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 37,2006 on second reading Date Prepared: November 16,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 37,2006 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 16,2006 Ordinance 37,2006 PASSED this 7? day of pkUWl8avZ , 2006, upon first reading. PASSED AND ADOPTED this day of ,2007, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Jody Barnett, Vice Mayor Eric Jablin, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl EN CY FOR AGAINST ABSENT BY: Christine P. Tatum, City Attorney Ghttorney-share\ORDlNANCES\budget amendment 2006-07 - Ord 37 2006.doc 2 12/13/2006G:\finance~administration\Budget Amendments\2007 Budget Carryforward City of Palm Beach Gardens Ordinance 37,2006 - Budget Amendment FYE 09/30/2007 Exhibit "1" GENERAL FUND Reserved for Designated for Expenditures Purchase Orders Projects 001.0100.511.3150 001.0210.552.3150 001.0220.512.3810 001.0220.512.4420 001.0220.512.4650 001.0220.512.6450 001.0600.513.3150 001.0900.519.6900 001.0900.519.9100 001.0900.519.9920 001.1000.521.3150 001.1000.521.8120 001.1030.521.5294 001 .1030.521.6410 001.1040.521.5200 3,400 10,000 22,101 6,830 134,160 369,471 2,400 7,054 120,954 02 001.1040.521.5294 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 001.2080.519.6400 001.2080.519.6900 001.2090.539.3150 001.3000.539.3150 001.3000.539.3155 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 20,000 143,300 15,000 1,441 64,209 129,980 27,479 2,971,435 2,500 13,000 375,925 2,155,676 17,423 1,861 466,879 898 20,000 198,654 ,525,314 65,000 Grants and Other Revenue 285,000 Increase/ (Decrease) To Budget 3,400 10,000 22,101 6,830 134,160 20,000 369,471 2,400 143,300 7,054 120,954 102 15,000 1,441 64,209 129,980 2,998,914 2,500 2,531,601 13,000 17,423 20,000 198,654 1,861 2,277,193 898 65,000 135,000 001.3090.524.6900 135,000 Total Increase 285,000 :,249r379 in Expenditures 1,778,067 9,312,446 1211 3/2006G:\finance-administration\Budget Amendments\2007 Budget Carryforward Revenues 001.337.9000 001.342.6000 001.366.2000 001.369.0000 001.389.0000 Total Increase in Revenues/Sources Fund Balance - Fund Balance - Grants and Increase/ (Decrease) Reserved Designated Other Rvenues To Budget 1,778,067 7,249,379 285,000 285,000 9,027,446 1,778,067 7,249,379 285,000 LOCAL OPTION GAS TAX FUND Reserved for Designated for Expenditures Purchase Orders Projects 9,312,446 Increase/ (Decrease) To Budget 103.3000.539.4600 297,754 297,754 103.3000.539.6900 2,902 2,902 103.3000.539.4660 61,196 61,196 Total Increase in Expenditures 361,852 361,852 Fund Balance - Revenues Reserved Designated Fund Balance - 103.389.0000 361,852 Total Increase in Revenues/Sources 361,852 Increase/ (Decrease) To Budget 361,852 361,852 RECREATION IMPACT FUND Reserved for Designated for Grants Increase/ (Decrease) Expenditures Purchase Orders Projects Other Rvenues To Budget 301.2000.572.6400 301.2000.572.6900 1,143,336 1,665,765 2,809,101 Total Increase in Expenditures 1,143,336 1,665,765 2,809,101 2 12/13/2006G:\finance~adrninistration\Budget Arnendments\2007 Budget Carryforward Revenues 301.389.0000 Total Increase in Revenues/Sources Expenditures 302.1000.521.6400 302.1000.521.6900 Total Increase in Expenditures Revenues 302.389.0000 Total Increase in Revenues/Sources Fund Balance - Fund Balance - Grants Increase/ (Decrease) Reserved Designated Other Rvenues To Budget 1,143,336 1,665,765 2,809,101 1,143,336 1,665,765 POLICE IMPACT FUND Reserved for Designated for Purchase Orders Projects 2,809,101 Increase/ (Decrease) To Budget 438,757 438,757 700,000 700,000 1,138,757 1,138,757 Fund Balance - Fund Balance - Reserved Designated Increase/ (Decrease) To Budget 1,138,757 1,138,757 1,138,757 1,138,757 3 12/13/2006G:\finance~administration\Budget Amendments\2007 Budget Carryforward FIRE IMPACT FUND Expenditures 303.1200.522.6400 303.1200.522.6900 Total Increase in Expenditures Revenues 303.389.0000 Total Increase in Revenues/Sources Expenditures 304.1400.515.6900 304.1400.51 5.9920 Total Increase in Expenditures Revenues 304.389.0000 Total Increase in Revenues/Sources Reserved for Designated for Purchase Orders Projects 12,250 65,000 Increase/ (Decrease) To Budget 12,250 65,000 12,250 65,000 77,250 Fund Balance - Fund Balance - Reserved Designated 12,250 65,000 12,250 65,000 Increase/ (Decrease) To Budget 77,250 77,250 ART IMPACT FUND Reserved for Designated for Current Year Increase/ (Decrease) Purchase Orders Projects Transfer To Budget 56,282 12,894 240,000 309,176 (240,000) (240,000) 56,282 12,894 69,176 Fund Balance - Fund Balance - Reserved Designated 56,282 12,894 56,282 12,894 Increase/ (Decrease) To Budget 69,176 69,176 4 12/13/2006G:\finance~administration\Budget Amendments\2007 Budget Carryforward ROAD IMPACT FUND Reserved for Designated for Purchase Orders Projects Increase/ (Decrease) To Budget Expenditures 305.0900.541.6900 11,308 3,567,032 3.578.340 Total Increase in Expenditures 11,308 3,567,032 3,578,340 Fund Balance - Fund Balance - Reserved Designated Increase/ (Decrease) To Budget Revenues 305.369.0000 305.389.0000 3,578,340 11,308 3,567,032 Total Increase in Revenues/Sources 11,308 3,567,032 3,578,340 BURNS ROAD IMPROVEMENT FUND Increase/ (Decrease) To Budget Reserved for Designated for Purchase Orders Projects Expenditures 2,071 55,851 72,088 2,071 127,939 309.0900.519.3170 309.0900.51 9.6900 Total Increase in Expenditures 57,922 72,088 130,010 Fund Balance - Fund Balance - Reserved Designated 57,922 72,088 Increase/ (Decrease) To Budget Revenues 130,010 309.389.0000 Total Increase in Revenues/Sources 130,010 57,922 72,088 5 12/13/2006G:\finance~administration\Budget Amendments\2007 Budget Carryfornard GOLF FUND Increase/ (Decrease) To Budget Reserved for Designated for Purchase Orders Projects Expenditures 106.2540.572.6900 23,040 23,040 Total Increase in Expenditures 23,040 23,040 Fund Balance - Fund Balance - Reserved Designated Increase/ (Decrease) To Budget Revenues 23,040 106.389.0000 23,040 Total Increase in Revenues/Sources 23,040 23,040 FLEET FUND Reserved for Designated for Purchase Orders Projects Current Year Increase/ (Decrease) Transfer To Budget Expenditures 501.3020.539.4640 501.3020.539.5270 501.3020.539.6410 501.3020.539.6900 501.3020.539.9920 Total Increase in 397,439 48,380 (18,389) 397,439 29,991 18,389 (18,389) 427,430 Expenditures 427,430 Fund Balance - Fund Balance - Reserved Designated Increase/ (Decrease) To Budget Revenues 501.389.0000 427,430 427,430 Total Increase in ' Revenues/Sources 427,430 427,430 6 12/13/2006G:\finance~administration\Budget AmendmentsE007 Budget Carryforward RECREATION SPECIAL REVENUE FUND Expenditures 104.2000.575.3400 104.0900.519.9920 Total Increase in Expenditures Revenues 104.389.0000 Total Increase in Revenues/Sources Reserved for Designated for Current Year Increase/ (Decrease) Purchase Orders Projects Transfers To Budget 10,000 10,000 10,000 Fund Balance - Fund Balance - Reserved Designated 10,000 10,000 10,000 Increase/ (Decrease) To Budget 10,000 10,000 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 17,2006 Meeting Date: January 4,2007 Ordinance 23,2006 Petition: LDR-05-08 SubjecUAgenda Item: Ordinance 23,2006: Code Amendment for Development Name and Address Standards A City-initiated amendment to the City’s Code of Ordinances by amending Chapter 78, “Land Development,” as it relates to addresses, subdivision names, street names, and the Addressing Committee. [XI Recommendation to [ ] Recommendation to I Reviewed by: I Christine P. Tatum Finance NIA Growth Manage Administrator Kara Irwin I I Approved By: City Manager Originating Dept.: Growth Management: Project Manager Aries Page GIS Manager [ ] Quasi - Judicial [XI Legislative [ ] Public Hearing Advertised: Date: Paper: Palm Beach Post [ ] Required [XI Not Required Affected Parties: [ ]Notified [XI Not Required FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other- Budget Acct.#: NIA CC Action: [ ]Approved [ ] App. wl conditions [ 3 Denied [ 3 Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: LDR Section 78-275 Addresses LDR Section 78-483 Subdivision Name 0 LDR Section 78-493 Street Names Ordinance 23,2006 Date Prepared: October 17,2006 Meeting Date: January 4,2007 Ordinance 23,2006 EXECUTIVE SUMMARY The subject petition is a City-initiated request to amend sections within Chapter 78, which is entitled Land Development. The purpose and intent of this amendment is to clarify the existing language relating to addresses, subdivision names, and street names. Staff is also proposing adding language for the establishment and responsibilities of the Addressing Committee. Staff recommends approval of Ordinance 23,2006. BACKGROUND In July of 2000, the city added language to the Code of Ordinances providing for regulations regarding addresses, subdivision names and street names. The language was implemented in order to provide procedures for naming and addressing new developments (commercial and residential) throughout the city. Over time, standards have evolved through input from GIS (Geographic Information Science) and Emergency Services (Police and Fire Rescue). CPTED (Crime Prevention through Environmental Design) principles, as well as Fire Rescue concerns, have been incorporated into the review and approval process for addressing. Currently, City Staff has identified a need for clarification of the process and standards for identifying names and addresses on city streets based on updated input from City Staff. Section 78-275, Code of Ordinances, entitled Addresses, is stated below: All residential and nonresidential structures shall post the building address in a location conspicuous from the adjacent public or private right-of-way. The size of residential address numbers shall not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as otherwise approved by the growth management director based upon the specific height of the building to which the numbers are attached. Section 78-483, Code of Ordinances, entitled Subdivision Name, is stated below: The proposed name of a subdivision shall not duplicate, closely resemble, or phonetically closely approximate the name of any other subdivision in the city. However, when an existing subdivision is subdivided as an additional unit or section, the same name, differentiated by number or other means, may be used. Section 78-493, Code of Ordinances, entitled Street Names, is stated below: (a) Duplications. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city and post office prior to recording the final plat. 2 Date Prepared: October 17,2006 Meeting Date: January 4,2007 Ordinance 23,2006 (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. PROPOSED LANGUAGE The proposed amendments to the City’s LDRs are as follows: (Deletions are &wk, new language is underlined) Section 78-28. Addressing Committee (a) Establishment. There is hereby established the addressing committee, to consist of a representative from the growth management department, specifically the GIS planner, the police department and the fire department, and the growth management administrator. The .growth management administrator shall serve as chair of the committee. (b) The committee shall have the following responsibilities: (1) Review and approve address plans, street names, and subdivision names for developments; (2) Ensure that approved address plans are consistent with the requirements of the city’s comprehensive plan and land development regulations; (3) Provide specific comments regarding consistency of addresses, street names and subdivisions with the requirements detailed in the city’s addressing guidelines; and (4) Provide specific recommendations for changes if an addressing, plan is not consistent with applicable requirements ***** Section 78-275. Addresses All residential and nonresidential structures shall post the building address in a location emspkww viewable and unobstructed from the adjacent public or private right-of-way. The size of residential address numbers shall not exceed six inches in height. The size of non residential address numbers shall not exceed 12 inches in height, or as otherwise approved by the d-w?etw addressing committee or the master signage program based upon specific height of the building to which the numbers and letters are attached. ***** Section 78-483, Subdivision Name. . .. @ Dudicution. K, c!p Every subdivision shall be given a name by which it shall be 3 Date Prepared: October 17,2006 Meeting Date: January 4,2007 Ordinance 23,2006 legally known. For the purpose of this section, that name is the “subdivision name.” The subdivision name shall not be the same or in any way so similar to any name appearing on any recorded plat within the city or one mile of the citv boundary as to confuse or mislead the public as to the identitv of the subdivision, except when the subdivision is further divided as an additional unit or section by the same developer or the developer’s successors in title. /b) Approval. Subdivision names shall be approved by the addressing committee. ***** Section 78-493. Street Names (a) Duplication. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confixed with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New Streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. Each road shall have the same name throughout its entire length- when feasible, as determined bv the addressing committee. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city3 addressing committee and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. ***** SUMMARY OF PROPOSED CHANGES The changes proposed above will provide the City with stronger language as it refers to not only the addressing committee, but the whole approval process as well. The proposed changes will allow for the addressing committee to have the final approval for all addresses, subdivision and street names within the city. The following is a summary of the specific code changes: Addressing Committee The proposed language provides for the creation of the addressing committee. The Committee; made up of the GIS planner, a Fire Rescue representative, a Police representative, and the Growth Management Director, will take into account any issues or concerns with each proposal. Its purpose is to review (through approval or denial) all addressing plans, subdivision names and street names for compliance with life safety regulations and guidelines. This is a process which staff follows today but is not within the current code of ordinances. Addresses All addresses should be located in a place viewable and unobstructed from the road right of way. Residential addresses should be no larger than 6 inches; Non residential addresses shall be no larger than 12 inches in height. All address numbers shall be approved by the addressing committee or the master 4 Date Prepared: October 17,2006 Meeting Date: January 4,2007 Ordinance 23,2006 signage program. By doing so, this would allow PZAB as well as City Council a chance to review the approval of the addresses per our code. Subdivision There shall be no duplication in subdivision name appearing on any recorded plat within the city or one mile of the city boundary. All proposed subdivision names will be reviewed based upon this addition. No current names will be changed by this addition. All proposed subdivision names must be approved by the Addressing Committee. Street Names When extending a roadway within the city, the road shall have the same name carried throughout its length. All street names shall be approved by the Addressing Committee. PLANNING ZONING AND APPEALS BOARD The PZAB reviewed the proposed amendment to the Land Development Regulations on June 27, 2006, August 22, 2006, and September 26, 2006. At the September 26'h, the Board voted 7-0 to recommend approval to City Council. The Board raised valid concerns at these meetings in regards to the proposed addressing regulations and size requirements. During the PZAB's review of the proposed amendment, the following issues were raised and staff's responses are in italics: 1) During the June 27'h PZAB meeting, the Board was concerned with the changes to the addresses as well as the method for updating the entire city to the new code. The board did not like the proposed address height for nonresidential buildings greater than one story (16 inches), nor did they like the fact that many residential areas would be placed in violation of code. At the August 22"d meeting, staff proposed a method for addressing non-conformities created by this amendment. Within that proposal, the city would have purchased address numbers and allowed residents to pick up the numbers free of charge to satisJL the condition. After discussion between the Board members, it was decided that staffneeded to do more research andfind a more viable option which would satisfi all residents within the city. The Board also felt that staffwould have no way to enforce code ifthe city were to purchase numbers for the residents. Before the September 261h meeting, Staff decided to remove the previously proposed language from the ordinance. After researching the different regulations for addresses in relation to distance from the right of way, staff decided to return to the current text and add language in relation to the addressing committee and the master signage program. At the September 26"' meeting, the Board approved the proposal 7-0. 2) During the June 27'h PZAB meeting, the Board raised concerns over the proposed section of the code relating to illuminating addresses for night time viewing. At the August 22"d meeting, staffproposed a method for addressing this non-conformity by proposing that all addresses be placed on a doorway or near an external light fixture facing the right of way. After discussion, it was decided that not every resident would be able to comply with the proposal. Staffdecided to remove the previously proposed language for the amendment. 3) During the June 27Ih PZAB meeting, the board raised concerns with language modification relative to the phrase "The subdivision name shall not be the same or in any way so similar to any name amearing 5 Date Prepared: October 17,2006 Meeting Date: January 4,2007 Ordinance 23,2006 on any recorded plat within one mile of the city boundary.. .” and its application. In order to avoid duplication of subdivision names within a one mile radius, staff corrected the line within the proposal to read “The subdivision name shall not be the same or in any way so similar to any name appearing on any recordedplat within the city or one mile of the city bounda iy... ” as suggested by the board. STAFF RECOMMENDATION Staff recommends approval of Ordinance 23,2006. 6 Sec. 78-275. Addresses. All residential and nonresidential structures shall post the building address in a location conspicuous from the adjacent public or private right-of-way. The size of residential address numbers shall not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as otherwise approved by the growth management director based upon the specific height of the building to which the numbers are attached. (Ord. No. 17-2000, 0 126,7-20-00) Sec. 78-483. Subdivision name. The proposed name of a subdivision shall not duplicate, closely resemble, or phonetically closely approximate the name of any other subdivision in the city. However, when an existing subdivision is subdivided as an additional unit or section, the same name, differentiated by number or other means, may be used. (Ord. No. 17-2000, § 233, 7-20-00) Sec. 78-493. Street names. (a) Duplications. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. (c) Approval, All street names, street numbers, and address numbers shall be approved by the city and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. (Ord. No. 17-2000, § 243, 7-20-00) - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 18, 2006 ORDINANCE 23,2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO STREET NAMES AND ADDRESSES; CREATING A NEW ENTITLED “ADDRESSING COMMITTEE”; AMENDING “ADDRESSES”; AMENDING SECTION 78-483, CITY CODE OF ORDINANCES, ENTITLED “SUBDIVISION NAME”; AND AMENDING SECTION 78-493, CITY CODE OF ORDINANCES, ENTITLED “STREET NAMES”; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. SECTION 78-28, OF THE CITY CODE OF ORDINANCES, SECTION 78-275, CITY CODE OF ORDINANCES, ENTITLED WHEREAS, there is a need to clarify the process and standards for identifying names and addresses on City streets, and City staff has initiated amendments to the City Land Development Regulations to accomplish this purpose; and WHEREAS, on September 26, 2006, the Planning, Zoning, and Appeals Board, sitting as the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the amendment to the City’s Land Development Regulations; 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 I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. A new Section 78-28, Code of Ordinances, to be entitled “Addressing Committee “is hereby created to read as follows: Section 78-28. Addressing Committee. Establishment. There is herebv established the addressina committee to consist of a representative from the growth management department, specifically the GIS planner, the police department and the fire department, and the growth manaqement administrator. The qrowth manaqement administrator shall serve as chair of the committee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19, 2006 Ordinance 23, 2006 la) The committee shall have the following responsibilities: 1. Review and approve address plans, street names, and subdivision names for developments. 2. Ensure that approved address plans are consistent with the requirements of the city’s comprehensive plan and land development regulations. 3. Provide specific comments regarding consistency of addresses, street names, and subdivisions with the requirements detailed in the city’s addressing guidelines. 4. Provide specific recommendations for changes if an addressing plan is not consistent with a p PI ica ble requ ire men ts . SECTION 3. Section 78-275, Code of Ordinances, entitled “Addresses” is hereby ; new language is amended to read as follows (deleted language is underlined): Section 78-275. Addresses. All residential and nonresidential structures shall post the building address in a location GCM+WWS viewable and unobstructed from the adjacent public or private right- of-way. The size of residential address numbers shall not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as otherwise approved by the addressing committee or the master siqnage program based upon the specific height of the building to which the numbers and letters are attached. SECTION 4. Section 78-483, Code of Ordinances, entitled “Subdivision name” is ; new language is hereby amended to read as follows (deleted language is underlined): Section 78-483. Subdivision name. ... la) Duplication. 1, c!m nr . Ever\/ subdivision 11 ieipose of this section, that name is the “subdivision name.” The subdivision name shall not be the same or in any wav so similar to any name appearinq on any recorded plat within the citv or one mile of the citv boundary as to confuse or mislead the public as to the identitv of the subdivision, except when the subdivision is further divided as an additional unit or section bv the same developer or the developer’s successors in title. 2 F- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19, 2006 Ordinance 23, 2006 (b) Approval. Subdivision names shall be approved bv the addressinq comm i ttee. SECTION 5. Section 78-493, Code of Ordinances, entitled “Street names” is hereby ; new language is amended to read as follows (deleted language is underlined): Section 78-493. Street names. (a) Duplications. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. Each road shall have the same name throuqhout its entire length, when feasible, as determined bv the addressinq committee. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city’s addressina committee and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. SECTION 6. Codification of this Ordinance is hereby authorized and directed. SECTION 7. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 7- Date Prepared: October 19,2006 Ordinance 23, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2007, upon first reading. PASSED AND ADOPTED this day of ,2007, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Jody Barnett, Vice Mayor Eric Jablin, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney \\Pbgsfile\Attorn Aattorn FOR AGAINST ABSENT I-share\ORDINANCESktreet names changes - ord 23 2006.doc 4 B r 1 City of Palm Beach Gardens Council Agenda January 4,2007 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Ru s s o Vice Mayor Barnett Council Member Jablin Council Member Levy Council Member Valeche 4 J I. ’11. 0411. A IV V. VI. VII. VIII. CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 4,2007. 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS. DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. Professional excellence award. ITEMS OF RESIDENT INTEREST AND BOARDICOMMITTEE REPORTS: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. /Staff Report on Page 5, Resolution on, Pave 7) Resolution 2, 2007 - Approve an agreement with the Children’s Healthcare Charity, Inc. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving an agreement with the Children’s Healthcare Charity, Inc. for the 2007 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. b. /Staff Report on Page 21, Resolution on Pwe 23) Resolution 5, 2007 - Application for Palm Beach County EMS Grant Funds. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving application to the Palm Beach County Emergency Medical Services Surcharge Fund; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. IX. c. (Pave 25) Proclamation - Childhood Cancer Awareness Week. d. (Page 26) Proclamation - We Can Day (Ways to Enhance Children’s Activity and Nutrition) PUBLIC HEARINGS: Part I - Ouasi-iudicial /Staff Report on Page 27, Resolution nn Pape 291 Borland Center Rmlal - he Bor ____1_ 1 :enter 1 Y Part I1 - Non-Quasi-iudicial m (Staff Report on Pave 40, Ordinance on Pape 42) 1- Reading and adoption) - Amending the Fiscal Year LUU~/LUUO magei - (2“ .a amending the City of Palm Beach Gardens’ Budget for the Fisc-’ Year b--;nni-- effective dati - (Staff Report on Page 58, Ordinance on Pave 60) a Reading le Fiscal Year - irdens: lori .- Ordinancc City of Palm bending the City of Palm Beach Garden$’ md Year bewing Pctobt I, 2001- md riding an‘ - M.. m X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) (Staff Report on Pape 69, Ordinance on Page 76) street unci1 c ardens lresses ing a new Secnt iu-28, of the City ( nances, entitl ddressing Committee”; amending section 78-275, City COI of Ordinancc entitled “Addresses”; amending section 78-483, City Code of Ordinancc entitled “Subdivision Name”; and amending section 78-493, City Code VI Ordinances, entitle+ “Ctrnat Names”. nwnTr;A:-- Cn- nnA:G,.nt‘ Ion. nnA n-n.,:xm- nm I F 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 Oflce at 541-799-4122 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. City of Palm Beach Gardens Council Agenda January 4,2007 P Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Mayor Russo Vice Mayor Barnett Council Member Jablin Council Member Levy Council Member Valeche I. 11. 111. IV VI. VIII. 7: 90 5-0 CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 4,2007 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. Professional excellence award. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. LStaff Report on Page 5. Resolution on Page 7) Resolution 2, 2007 - Approve an agreement with the Children’s Healthcare Charity, Inc. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving an agreement with the Children’s Healthcare Charity, Inc. for the 2007 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. b. {Staff Report on Pwe 21. Resolution on Page 23) Resolution 5, 2007 - Application for Palm Beach County EMS Grant Funds. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving application to the Palm Beach County Emergency Medical Services Surcharge Fund; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. c. JPane 25) Proclamation - Childhood Cancer Awareness Week. d. JPape 26) Proclamation - We Can Day (Ways to Enhance Children’s Activity and Nutrition) IX. PUBLIC HEARINGS: Part I - Quasi-iudicial a. {Staff Report on Paee 27. Resolution on Paee 29) Resolution 01, 2007 - Borland Center Replat. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving the Borland Center Replat; and providing an effective date. 3; v >’- 0 Part I1 - Non-Quasi-iudicial a. {Staff RePort on Pape 40. Ordinance on Paee 42) Ordinance 36, 2006 - (2“d Reading and adoption) - Amending the Fiscal Year 2005/2006 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2005, and ending September 30, 2006, inclusive; and providing an effective date. 3; sq Po b. @taff Report on Pape 58. Ordinance on Pape 60) Ordinance 37, 2006 - (2nd Reading and adoption) - Amending the Fiscal Year 2006/2007 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2006, and ending September 30, 2007, inclusive; and providing an effective date. 7; fi Po X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) a. fStsff Report on Pane 69. Ordinance on Paee 76) Ordinance 23, 2006 - Addresses, subdivision names and street names. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to street names and addresses; creating a new Section 78-28, of the City Code of Ordinances, entitled “Addressing Committee”; amending section 78-275, City Code of Ordinances, entitled “Addresses”; amending section 78-483, City Code of Ordinances, entitled “Subdivision Name”; and amending section 78-493, City Code of Ordinances, entitled “Street Names”; providing for codification; and providing an effective date. 7: 9 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: g.0 q 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 Oflce 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 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 Pri Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM Request to Address THE PUBLIC City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. d Lc a aJ *rl m *d *rl a 0 cd 0 c, . a a 3 Ll Q) c, m 2 0 2 2 8 ; 4 2 c, E a a E or( *PI c, Q) or( > Q) c, E 0 E 0 m 0 0- 4 m c, or( Q) a 3 0 a c, d h a a Q) fr 1 w Q) fr or( vi E 0 or( c, m Q) 1 w h E a 0 c, c, *d Q) > W *L.ll a E a a L a 0 a 1 0 c, d a % 3 d a fr 0 G 0 A c, m *E fr 0 6 E E or( Q) k m c, 3 1 0 h cw H 4 fr Q) G & i3 2 c, h E a E 0 W E E Q) > Q) m c, *d 3 h E *d i c, m Q) c, fr 0 0 a E Q) E 0 A G c, c, or( $ 3 0 m fr Q) a =I a E -r( fr a Q) m 3 3 B Q) PUBLIC HEARINGS: 01 /04/2007 P Part I - Quasi-Judicial Title Read: Hearing Opened: Ex-Parte:JB DL JR HV EJ Petitioner presentation: 8~~, *p$+ Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: > Part JJ - Non-Ouasi-Judicial Title Read: Hearing Opened: Petitioner presentation: Staffprtscntation: Hearing Closed: Bring back for discussion: Motion: Vote: Title Re9d: Hearingopened: Petitioner presentation: Staff presentation: Hearingclosed: kiag back hr discussion: of the City Council of Garden& Florida amending Gardens’ Budget for the Fiscal 2005, and ending September providing an effective date. Amending the Fiscal Year ordinancs of the City Council I would like to present Charlotte Presensky, Recreation Division Director for the City of Palm Beach Gardens, with the Professional Excellence Award from the National Recreation and Park Association Citizen Branch. This award is presented to someone in the parks and recreation field who, through inspiration, incentive, and de mons t ra ted I ead e rs h i p , have mad e noteworthy contributions over time to the recreation, park, and conservation movement. w- PSSSSBy was nominated for the‘award by The Parks and Recreation Advisory Board and was chosen for her “tireless efforts to get funding for improving Palm Beach G a rde n s’ parks a n d recreation a I faci I it ies . ” -has spent the last 18 years of her career wm working in managerial and operations positions in parks, recreation and special events. She began working for the City of Palm Beach Gardens first as Parks Superintendent, and has been in her current role since 2002. According to the Parks and Recreation Advisory Board, “Charlotte’s professionalism, tireless efforts and complete dedication make the City of Palm Beach Gardens a better place to live for both young and old.” I CITYOFPALMBEACHGARDENS PROCLAMATION WHEREAS, The Center for Family Health Care has partnered with the National Institutes of Health (NIH) to become a community site for We Can! (Ways to Enhance Children's Activity and Nutrition) the educational program to address the growing obesity epidemic among youth ages eight to thirteen, and WHEREAS, the Health of our children and the growing epidemic of childhood obesity is a significant concern for parents, community leaders, and health care givers; and WHEREAS, We Can! is a program designed to empower parents by providing them with the tools they need to promote healthy eating, increase physical activity and reduce sedentary time within their families, and WHEREAS, We Can! encourages children to choose a variety of fruits and vegetables per day, enjoy small portions at home and at restaurants, decrease consumption of high fat foods, decrease consumption of high-fat foods, substitute water for sweetened beverages and engage in a lease 60 minutes of moderate physical activation on all days of the week WHEREAS, if started in childhood, proper Health, Safety, and Environmental habits can be maintained for a lifetime, producing a valued member of society, and enhancing our community; 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 the 4th day of January, 2007 as: A We Can! Community Attest: 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 4th day of January in th Year of our Lord, Two Thousand and sev . PROCLAMATION WHEREAS, The Center for Family Health Care has partnerer,l with the National Institutes of Health (NIH) to become a community site for We Can! (Ways to Enhance Children's Activity and Nutrition) the educational program to address the growing obesity epidemic among youth ages eight to thirteen, and WHEREAS, the Health of our children and the growing epidemic of childhood obesity is a significant concern for parents, community leaders, and health care givers; and WHEREAS, We Can! is a program designed to empower parents by providing them with the tools they need to promote healthy eating, increase physical af!tivity and reduce sedentary time within their families, and WHEREAS, We Can! encourages children to choose a variety of fruits and vegetables per day, enjoy small portion$ at home and at restaurants, decrease consumption of high fat foods, decrease consumption of high-fat foods, substitute water for sweetened beverages and engage in a lease 60 minutes of moderate physical activation on all days of the week WHEREAS, if started in childhood, proper Health, Safety, and Environmental habits can be maintained for a lifetime, producing a valued member of society, and enhaneing our community; 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 the 4th day of January, 2007 as: .. A We Can! Community Attest: 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 4th day of January in the Year of our Lord, Two Thousand and seve . Pat ~,CMC PROCLAMATION PALM BEACH COUNTY WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among children in the United States. This tragic disease is detected in more than 20,000 of our nation's young people each and every year; and WHEREAS, founded nearly a decade and a half ago by Steven A. Firestein, a descendent of cosmetics magnate Max Factor, the American Cancer fund for Children, Inc. and sister organization, Kids Cancer Connection, Inc. are dedicated to helping these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a varieo/ of vital patient psychosocial services to children undergoing cancer treatment at Nicklaus Children's Hospital; Department of Pediatrics, Division of Hematology/Oncology at St. Mary's Medical Center in West Palm Beach and Arnold:. Palmer Hospital for Children: Department of Pediatrics, Division of Hematology/Oncology in Orlando, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, through its uniquely sensitive and comforting Magical Caps for Kids program, the American Cancer Fund for Children and Kids Cancer Connection have distributed more than 100,000 beautifully hand made caps and decorated baseball caps to children to want to protect their heads following the trauma of chemotherapy, surgery, bone marrow transplants and/or radiation treatments; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor nationwide Courageous Kid Recognition Award ceremonies and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. 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 h~treby proclaim the week of January 8, 2007 through January 15, 2007 as CHILDHOOD CANCER AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be a.fftxe on this 4th day of January in the 1J Two Th nd Seven. PROCLAMATION PALM BEACH COUNTY WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among children in the United States. This tragic disease is detected in more than 20,000 of our nation 's young people each and every year; and WHEREAS, founded nearly a decade and a half ago by Steven A . Firestein, a descendent cif cosmetics magnate Max Factor, the American Cancer fund for Children, Inc. and sister organization, Kids Cancer Connection, Inc. are dedicated to helping these children and their famil~; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection prol)ide a variety of vital patient psychosocial 8ervices to children w¢ergoing cancer treatment at Nicklaus Children's Hospital; Department of Pediatrics, Division of Hematology/Oncology at St. Mary's Medical Center in West Palm Beach and Arnold Palmer Hospital for Children: Department of Pediatrics, Division of Hematology/Oncology in Orlando, as well as participating hospitals throughout the countzy, thereby enhancing the quality of life for these children and their families; and WHEREAS, through its uniquely sensitive and comforting Magical Caps for Kids program, the American Cancer Fund for Children and Kids Cancer Connection have distributed more than 100,000 beautifully hand made caps and decorated baseball caps to children to want to protect their heads following the trauma of chemotherapy, surgery, bone marrow transplants and/or radiation treatments; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor nationwide Courageous Kid Recognition Award ceremonies and hospital celebrations in honor of a child 's determination and bravery to fight the battle against childhood cancer. 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 the week of January 8, 2007 through January 15, 2007 as CHILDHOOD CANCER AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affzxe on this 4'h day of January in the Yi ,; Thousand and Seven. Ray Ellis From: Patty Snider Sent: To: Wednesday, January 17, 2007 8 :25PM Ra y Ellis Subject: FW : Palm Beach Gardens: Childhood Cancer Awareness Wee k Yes, yet another for Monday. Than ks. -----Original Message----- From: acfckids@earthlink.net [mailto :acfckids@earthlink.net] Sent: Monday, January 15, 2007 3:24 PM To: Joseph Russo Subject: Palm Beach Gardens: Chi l dhood Cancer Awareness Week Dear Mayor Russo and staff, I am writing to follow-up on the email message I sent on 12-05-06 (below). Was our request honored by Mayor Russo? I would like to share the information with our friend and your constituent Lea Krzan. **Please drop me a note ... Have a nice afternoon! Thank you again. Steven Firestein : ) 818 456 6167 cell -----Original Message----- >From: acfckids@earthlink.net >Sent: Dec 5, 2006 9:53 AM >To: jrusso@pbgfl.com >Subject: Palm Beach Gardens: Childhood Cancer Awareness Week > >Dear Mayor Russo and staff, > >I am writing to request a proclamation recognizing Childhood Cancer >Awareness Week in Palm Beach Gardens, during the week of January 8, 2006 through January 15, 2006. > >Cancer in children is the leading cause of death by disease in the United States. >More than 13,000 children are diagnosed with cancer each year. > >Lea Kaftan Krzan is our KCC area volunteer contact and a constituent living in Palm Beach Gardens. > >I will continue to coordinate services including our popu l ar "Courageous Kid Recognition Award" program at Nicklaus Children's Hospital: Department of Pediatrics, Division of Hematology/Oncology at St. Mary's Medical Center in Palm Beach Gardens and Arnold Palmer Hospital for Children: Department of Pediatrics, Division of Hematology/Oncology in Orlando. > >I have included sample text below for your reference. Thank you in >advance for your time and consideration . > >Sincerely, > >Steven Firestein, M.A. >Volunteer Chair >American Cancer Fund for Children, Inc. >Kids Cancer Connection, Inc. >IRS 501 C 3 # 13-3780954 > >http://kidscancerconnection .org/photopages/kcc_america/florida/pages/Fl 1 >orida jpg.htm >http://www.jewishjournal.com/home/searchview.php?id=15233 >http://www.skullbaseinstitute.com/press/release_18.htm > >---SAMPLE TEXT--- >Childhood Cancer Awareness Week > >WHEREAS, the American Cancer Fund for Children and Kids Cancer >Connection report cancer is the leading cause of death by disease among >children in the United States. This tragic disease is detected in more >than 20,000 of our nation's young people each and every year; and > >WHEREAS, founded nearly a decade and a half ago by Steven A. Firestein, >a descendent of cosmetics magnate Max Factor, the American Cancer Fund >for Children, Inc. and sister organization, Kids Cancer Connection, >Inc. are dedicated to helping these children and their families; and > >WHEREAS, the American Cancer Fund for Children and Kids Cancer >Connection provide a variety of vital patient psychosocial services to >children undergoing cancer treatment at Nicklaus Children's Hospital: >Department of Pediatrics, Division of Hematology/Oncology at St. Mary's >Medical Center in Palm Beach Gardens and Arnold Palmer Hospital for >Children: Department of Pediatrics, Division of Hematology/Oncology in >Orlando, as well as participating hospitals throughout the country, >thereby enhancing the quality of life for these children and their >families; and > >WHEREAS, through its uniquely sensitive and comforting Magical Caps for >Kids program, the American Cancer Fund for Children and Kids Cancer >Connection have distributed more than 100,000 beautifully hand made >caps and decorated baseball caps to children who want to protect their >heads following the trauma of chemotherapy, surgery, bone marrow >transplants and/or radiation treatments; and > >WHER~AS, the American Cancer Fund for Children and Kids Cancer >Connection also sponsor nationwide Courageous Kid Recognition Award >ceremonies and hospital celebrations in honor of a child's >determination and bravery to fight the battle against childhood cancer. > >Now Therefore, I, ____________ __ > > >www.kidscancerconnection.org >(818) 702-6422 > of the City of Palm Beach Gardens, FL ... >"Alone we can do so little; together we can do so much" www.kidscancerconnection.org (818) 702-6422 "Alone we can do so little; together we can do so much" 2