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HomeMy WebLinkAboutAgenda Council Agenda 122007 City of Palm Beach Gardens Council Agenda December 20, 2007 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Jablin Vice Mayor Levy Council Member Valeche Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 20, 2007 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Certificate of Achievement to Eric Rule Markisen, Troop 155, for earning Eagle Scout. b. My Safe Florida Home V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5) Approve Minutes from October 4, 2007 regular City Council meeting. b. (Page 16) Approve Minutes from October 18, 2007 regular City Council meeting. c. (Page 27) Approve Minutes from November 1, 2007 regular City Council meeting. d. (Page 35) Approve Minutes from November 15, 2007 regular City Council meeting. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 39, Resolution on Page 87) Resolution 131, 2007 - Redevelopment of Palm Beach Gardens Elementary School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan and a major conditional use for the 11.44-acre parcel of land, generally located at the Northeast corner of Holly Drive and Riverside Drive, as more particularly described herein, to be referred to as the “Palm Beach Gardens Elementary School”; allowing the redevelopment of the existing elementary school; providing for conditions of approval; and providing an effective date. b. (Staff Report on Page 93, Resolution on Page 135) Resolution 132, 2007 - Redevelopment of Allamanda Elementary School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan and a major conditional use for the 14.9-acre parcel of land, generally located at the Southwest corner of Allamanda Lane and Nogal Circle, as more particularly described herein, to be referred to as the “Allamanda Elementary School”; allowing the redevelopment of the existing elementary school; providing for conditions of approval; and providing an effective date. c. (Staff Report on Page 140, Resolution on Page 142) Resolution 133, 2007 - Anspach Effort Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Anspach Effort Plat; and providing an effective date. Part II – Non-Quasi-judicial X. RESOLUTIONS: a. (Staff Report on Page 147, Resolution on Page 149) Resolution 130, 2007 – Vehicle Purchase Award. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding contracts for the purchase of twenty one vehicles to Alan Jay Import Center, Garber Chevrolet, Duval Ford, Beck Auto Sales, and Classic Chevrolet via existing contracts with the Florida Sheriff’s Association, Contract Nos. 07-15-0827 and 06-14-0821; and providing an effective date. b. (Staff Report on Page 153, Resolution on Page 192) Resolution 135, 2007 Investment Policy Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended Investment Policy; and providing an effective date. c. (Staff Report on Page 200, Resolution on Page 209) Resolution 137, 2007 Florida Municipal Investment Trust. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City of Palm Beach Gardens to join with other local governmental units as a participant in the Florida Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in the trust; and providing an effective date. XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 213, Ordinance on Page 215) Ordinance 32, 2007 – (1st reading) Fiscal Year 2006/2007 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2006, and ending September 30, 2007, inclusive; and providing an effective date. b. (Staff Report on Page 228, Ordinance on Page 230) Ordinance 33, 2007 - (1st reading) Fiscal Year 2007/2008 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2007, and ending September 30, 2008, inclusive; and providing an effective date. 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 REGULAR COUNCIL MEETING    PAGE 1  10 · 04 · 07 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 October 4, 2007 4 The October 4, 2007 Regular Meeting of the City Council of the City of Palm 5 Beach Gardens, Florida, was called to order at 7:00 p.m. in the Council Chambers of the 6 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 7 by Mayor Joseph Russo. 8 I. PLEDGE OF ALLEGIANCE 9 II. ROLL CALL 10 The City Clerk called the roll and the following elected officials were found to be 11 in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric 12 Jablin, Council Member Hal Valeche, and Council Member Jody Barnett. 13 III. ADDITIONS, DELETIONS, MODIFICATIONS 14 Mayor Russo announced the City Manager’s report, Update of the Cabana 15 Colony Canal, under deletions, (a) Ordinance 27-2007 Comprehensive Text Amendment, 16 (b) Ordinance 28-2007, Large-Scale Land Use Map Amendment. Spear-Northlake, 17 applicant for the petitioner, has requested a postponement until December 6, 2007. A 18 copy of the letter from Urban Design Studios has been provided for each council 19 member. There have been no additions or modifications. Ordinances will be opened. It is 20 a public hearing. One resident is present and wants to speak. There will not be a staff or 21 petitioner presentation. Council Member Jablin moved approval of the deletion as stated 22 by the Mayor. Seconded by Vice Mayor Levy. Motion carried by unanimous 5–0 vote. 23 IV. ANNOUNCEMENTS/PRESENTATIONS 24 None. 25 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 26 REPORTS 27 Council Member Jody Barnett recounted her attendance at the October 3, 2007 28 Community Aesthetics Board (CAB) meeting. She reported seeing a presentation on the 29 greening of the City Hall plaza area. The Board members were pleased about saving the 30 trees and adding greenery and color all over City Hall. A proposal was viewed for the 31 monument and seating area. Board members extended their thanks to the Council for 32 providing a veterans memorial. It was noted that Council Member Valeche spoke on 33 Veterans Day 2006 and a request has been extended that he speak again for Veterans Day 34 2007. 35 Vice Mayor Levy also complimented Council Member Valeche on the poignant 36 speech he gave on Veterans Day 2006. Vice Mayor David Levy attended the 37 Loxahatchee River Management Coordinating Council meeting on September 24, 2007. 38 Items discussed include: (1) Flow Way One Project and (2) Comprehensive Everglades 39 Restoration Program (CERP). Five or six structures in the Flow Way One Project were 40 discussed. The $44,000,000 budget for the Department of Environmental Protection 41 (DEP), South Florida Water Management District (SFWMD) and Loxahatchee River 42 Water Management District (LRWMD) water projects and biological studies was 43 discussed. A Taste of the Palm Beaches, which raises money for the Big Heart Brigade, 44 will be held on November 14, 2007 at PGA Commons. Tom DeRita, co-founder of the 45 Big Heart Brigade, was recognized for his efforts. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 2  10 · 04 · 07 Council Member Hal Valeche thanked the Council Members for their kind words 1 on his behalf by citing his speech for Veterans Day 2006. He had nothing further to 2 report. 3 Council Member Eric Jablin attended an Palm Beach County Metropolitan 4 Planning Organization (MPO) public meeting where the Turnpike Authority gave a 5 presentation regarding the widening of the Florida Turnpike to eight lanes in the Palm 6 Beach Gardens area. Council Member Jablin expressed concern for the BallenIsles, PGA 7 National and Mirasol developments due to the proximity to the project. Sound barriers 8 are proposed, but the plans show a gap along the BallenIsles side, East end of the project, 9 Northbound lanes. An explanation was given that the gap was in the golf course area. 10 Council Member Jablin explained that the natural vegetation in the area had been 11 decimated during the hurricanes and has not grown back. Mayor Jablin expressed 12 objection because of the concern regarding noise. He will continue to follow this issue. 13 Mayor Joseph Russo attended a biotech overlay meeting two weeks ago. Decision 14 made that Kohl’s going to Lake Park would not be endorsed because their overlay is not 15 in place, declined to do a resolution because of the precedent that would be set. Council 16 attended the Nativity Lutheran School expansion ribbon cutting and the Weiss School 17 ribbon cutting for their tennis courts. He expressed thanks to schools for their work. 18 Over the past four months Mayor Russo has met with the PGA Corridor 19 Association to discuss their concerns about growth, building height and traffic 20 congestion. The Council has moved forward on Ordinance 8, 2007 regarding residential 21 height restrictions. A memorandum was issued on October 4, 2007 regarding 22 commercial, office and industrial uses. Concern for height limits, waivers for height 23 limits and locations was discussed. Every major parcel in the City was reviewed. 24 Kara Irwin, Growth Management Administrator, discussed residential and 25 nonresidential building height, keeping in mind the City’s future economic development. 26 To obtain a waiver it would be necessary to meet specific criteria including open space, 27 tiering, architectural standards and beautification of the project. The proposed legislation 28 maintains the economic development initiative as put forth by Council in the past and 29 provides for targeted land development categories. PGA Corridor Association has been 30 given the information and memorandum for review. There has been no agreement to date. 31 Council Member Jablin stated that he wants continuation of Ordinance 8, 2007. Mayor 32 Russo explained that this is preliminary and there will be a workshop before it goes to an 33 Ordinance concept. Vice Mayor Levy expressed concern about the Briger property height 34 restrictions. He also expressed concern about the Interstate 95 and Northlake area height 35 restrictions and buffer areas between commercial and residential sites. Council Member 36 Barnett expressed concern regarding the bioscience overlays and wants to see tiering 37 heights defined. Six copies of the subject memorandum were given to Eileen Tucker. 38 Council Member Valeche clarified that meetings should not be limited to the PGA 39 Corridor Association. Vice Mayor Levy requested that the Ordinance and memorandum 40 be placed on the web site with a link for comments. 41 VI. CITY MANAGER REPORT 42 City Manager Ronald Ferris informed Council that the tentative date of 43 November 28, 2007 for the next Town Hall meeting was not convenient for all Council 44 members. Discussion ensued but it was decided to set a date through staff. 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 3  10 · 04 · 07 Ron Ferris introduced Dan Clark, City Engineer, to discuss the Cabana Colony 1 canal. Mr. Clark met with Commissioner Marcus and County Staff on October 3, 2007. 2 The recommendation at this time is to add mangrove plantings for bank stabilization. 3 Mayor Russo introduced Jeffrey Miller, Cabana Colony homeowner, who expressed his 4 dissatisfaction with the meeting being held without the inclusion of the Cabana Colony 5 Homeowners Association. He stated that adding more plantings to the canal would 6 further obstruct it and cause drainage issues. Disagreement of ownership and 7 maintenance of the canal was discussed without resolution. Mayor Russo stated that all 8 further discussion will be through the Cabana Colony Homeowners Association 9 president. Vice Mayor Levy requested that a copy of the engineering report from the 10 Homeowners Association be submitted to Mr. Clark. Mr. Miller requested that ownership 11 of the canal be given to Cabana Colony since neither the City nor the County will 12 acknowledge ownership. Mayor Russo requested that a meeting be set up between the 13 County, City, Homeowners Association president and Homeowners Association’s 14 engineers, to which Mr. Miller agreed. 15 VII. COMMENTS FROM THE PUBLIC 16 Ken Tuma, Urban Design Studio, 477 S. Rosemary Avenue, West Palm Beach, 17 representing the Briger parcel, expressed interest in the height situation that has been 18 discussed at two height charrettes. He would like to participate in any further discussions. 19 Hank Gonzalez, 3950 RCA Blvd, Palm Beach Gardens representing Borland 20 Center and Midtown as well as the PGA Corridor Association. Joel Channing was also 21 present. He expressed their pride in the PGA Corridor as it comes to fruition. Mr. 22 Gonzalez thanked the Council members for their help. 23 Jenna MacQueen, 11806 Bayberry St, Palm Beach Gardens sought assistance 24 from Council in helping her get a permit to build a fence at her property. Mayor Russo 25 requested Vice Mayor Levy assist Ms. MacQueen. 26 Carolyn Chaplik, Parks and Recreation Advisory Board member, announced the 27 Youth Triathalonand offered discussion on height charrettes. 28 Eileen Tucker discussed a Florida Atlantic University (FAU) presentation at a Council 29 meeting. She expressed belief that such presentations are more appropriate at Town Hall 30 meetings. She felt that the budget did not get enough discussion. She expressed objection 31 to particular salary ranges. Request was made that the take-home car policy be reviewed. 32 She also questioned Tom DeRita’s contract being renewed without going out to bid. She 33 requested that political campaign signage be limited. She also requested that the City 34 Council meetings not reflect any political discussion between those members running for 35 Council again. 36 Mayor Russo stated that next year’s budget process will start earlier. A salary 37 survey is being conducted. Mr. DeRita’s contract is through existing codes. The 38 campaign signs are limited. 39 Paula Magnuson, 3167D Gardens East Drive, president of Sandalwood 40 Homeowners Association, requested information regarding her grant request for 41 landscaping since her neighborhood was devastated by the hurricanes. Mayor Russo was 42 not familiar with this issue and stated that it would be followed up by staff tomorrow. She 43 also discussed speeding on Gardens East Drive and within Sandalwood. Major Carr will 44 discuss the issue with Ms. Magnuson. Code enforcement issues were discussed. 45 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 4  10 · 04 · 07 VIII. CONSENT AGENDA 1 Council Member Jablin made a motion to accept the consent agenda. Vice Mayor 2 Levy seconded the motion, which carried by a unanimous 5–0 vote. Therefore. the 3 following items were approved on the Consent Agenda: 4 a. Resolution 83, 2007 – Golf Professional Agreement with Kevin Kern. A 5 Resolution of the City Council of the City of Palm Beach Gardens, Florida 6 approving a Golf Professional Agreement with Kevin Kern; authorizing the 7 Mayor and City Clerk to execute the Agreement; and providing an effective date. 8 b. Resolution 103, 2007 – Addendum II to an Agreement with Tropics North 9 Landscaping. A Resolution of the City Council of the City of Palm Beach 10 Gardens, Florida approving Addendum II to an Agreement with Tropics North 11 Landscaping, Inc. for landscape and irrigation maintenance services related to the 12 PGA Boulevard Flyover project; and providing an effective date. 13 c. Resolution 113, 2007 – Work Authorization to Ardaman & Associates, 14 Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 15 approving a Work Authorization to Ardaman & Associates, Inc. for consulting 16 services associated with Year No. 7 of the Gardens Park Contamination 17 Remediation project; and providing an effective date. 18 d. Proclamation – Fire Prevention Week. 19 IX. PUBLIC HEARINGS 20 Part I – Quasi-judicial – Mayor Russo announced the procedures that would be 21 followed in tonight’s quasi-judicial proceedings. No ex parte communications 22 were reported. The City Clerk swore in all those intending to offer testimony in 23 any of tonight’s public hearings. 24 a. Resolution 75, 2007 – Gardens Medical Pavilion. A Resolution of the City 25 Council of the City of Palm Beach Gardens, Florida amending Resolution 172, 26 2004 to allow additional principal tenant signs for the Palm Beach Gardens 27 Medical Pavilion (formerly known as Good Samaritan/St. Mary’s Health Care 28 Pavilion), located at the Northwest corner of PGA Boulevard and Fairchild 29 Gardens Avenue within the Regional Center Development of Regional Impact 30 (DRI), as more particularly described herein; providing additional waivers; and 31 providing an effective date. The City Clerk read Resolution 75, 2007 by title. 32 Mayor Russo inquired if there had been any ex parte communication. Council 33 Member Barnett responded that she did discuss the sign location with the person 34 that owns the building. Mayor Russo stated that he had met with staff and the 35 applicant but has not met again since that time. There were no other ex parte 36 communications. Donaldson Hearing introduced himself as representing the 37 applicant regarding the building located at 3401 PGA Boulevard. Mr. Hearing 38 gave specific information regarding signage design and location. He requested a 39 waiver to add one additional principal identification sign to the building and 40 approval to change and possibly relocate the existing signage. Brian Waxman 41 noted that the three primary tenants of the building are the University of Miami, 42 Palm Beach Cancer Institute, Palm Beach Orthopedic Institute. Kara Irwin, 43 Growth Management Administrator, stated that she had a presentation prepared, 44 but the petitioner had changed his proposal. Mayor Russo stated that he wished to 45 discuss the proposal at hand. Council Member Barnett expressed her satisfaction 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 5  10 · 04 · 07 with the proposal stating that the signage was elegant and appropriate. Vice 1 Mayor Levy objected to the signage stating that it was confusing. Council 2 Member Valeche was in favor of the proposal because of the economic 3 enhancement it would give the tenants without neglecting the aesthetic standards. 4 Council Member Jablin opposed the proposal stating that three signs on the 5 building were making it a billboard. Mayor Russo supported the upcoming 6 changes to the 3401 building, but stated that the sign code should be reviewed 7 before a decision is made, a committee should be established, and the Chamber 8 should be involved. Mayor Russo declared the public hearing open. Hearing no 9 comments from the public Mayor Russo declared the public hearing closed. 10 Motion made by Council Member Jablin to postpone until ready. Seconded by 11 Vice Mayor Levy. Vote carried unanimously at 5–0. 12 Part II – Non-Quasi-judicial 13 a. Ordinance 27, 2007 – (1st reading) Comprehensive Plan Text amendment. 14 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 15 amending the Future Land Use Element of the Comprehensive Plan of the City of 16 Palm Beach Gardens to add Residential Very Low (RVL) as an additional Rural 17 Residential Land Use subcategory for properties located West of the City’s Urban 18 Growth Boundary within newly-annexed areas fronting along Northlake 19 Boulevard; providing for codification; and providing an effective date. 20 Public meeting was opened. Vice Mayor Levy declared ex parte communication 21 between himself and petitioner Ken Tuma and Marty Perry. Discussion included 22 zoning change density, and wetlands. Council Member Valeche declared ex parte 23 communication with Ken Tuma, Ms. Glass and Mr. Spears. 24 Joan Elias, 1009 Diamond Head Way, President of Community 25 Awareness Network (CAN) of PGA National, had over 1,000 signed cards 26 supporting keeping density as low as possible West of the Beeline and Northlake 27 Boulevard. Elias also represented the Board of Directors of the Northlake 28 Neighborhood Coalition, which also supports keeping density as low as possible. 29 Ms. Elias requested that her comments be applied to both Ordinances 27, 2007 30 and 28, 2007. 31 Linda Monroe, 619 Hudson Bay Drive, expressed her concern for 32 unintended consequences. She felt that it would be inappropriate to change the 33 original plan for the land until there has been a decision on the Vavrus and Mecca 34 properties. She cited earlier ideas to encourage equestrian activities for this land, 35 similar to Wellington. She also cited traffic congestion at this time as a problem. 36 Ms. Monroe requested that her comments be applied to both Ordinances 27, 2007 37 and 28, 2007. 38 Carolyn Chaplik, 715 Hudson Bay Drive, warned that votes for 39 Ordinances 27 and 28 are votes for western sprawl. Ms. Chaplik requested that 40 her comments be applied to both Ordinances 27, 2007 and 28, 2007. 41 Bob Hodgson, 41 Greenpoint Circle, president of the Board of Governors 42 of the Property Owners Association of PGA National, representing approximately 43 10,000 people, spoke to dissuade any increase in density that that would affect the 44 quality of life on Northlake or PGA Boulevards. Mr. Hodgson said that he was 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 6  10 · 04 · 07 sure that surrounding communities would agree. He also does not want any 1 changes in density to make the gridlock problem on Northlake any worse. 2 Marty Perry explained that the letter requested postponement on both 3 ordinances. 4 Council Member Eric Jablin made a motion to postpone further action on 5 Ordinance 27, 2007 until December 6, 2007. Vice Mayor David Levy seconded 6 the motion. Vote carried unanimously at 5–0 7 b. Ordinance 28, 2007 – (1st reading) Large-scale land-use map amendment. 8 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 9 amending the Future Land Use Map of the Comprehensive Plan of the City of 10 Palm Beach Gardens relating to certain property consisting of approximately 61.9 11 acres, generally located on the North side of Northlake Boulevard approximately 12 one-half (0.5) mile West of the intersection of Northlake Boulevard and Coconut 13 Boulevard to change the land-use designation from Palm Beach County Rural 14 Residential 20 (RR20) to City of Palm Beach Gardens Residential Very Low 15 (RVL); and providing an effective date. 16 Council Member Eric Jablin made a motion to postpone further action on 17 Ordinance 28, 2007 until December 6, 2007. Vice Mayor David Levy seconded 18 the motion. Vote carried unanimously at 5–0. 19 c. Ordinance 29, 2007 – (1st reading) PGA Boulevard Corridor Overlay. An 20 Ordinance of the City Council of the City of Palm Beach Gardens, Florida 21 amending Section 78-221, Code of Ordinances, entitled “PGA Boulevard 22 Corridor Overlay” to clarify which uses are prohibited within the overlay; 23 providing for codification; and providing an effective date. 24 Mayor Russo opened the floor to public hearing. 25 Kara Irwin, Growth Management Administrator, stated that a decision to deny a 26 permit for a bar, nightclub or lounge was overturned by the Zoning, Planning and 27 Appeals Board (PZAB), which declared the Growth Management interpretation of 28 the code unclear. The PZAB did provide that an applicant could come forward 29 and apply for a conditional use for a bar, nightclub or lounge within the PGA 30 Boulevard Overlay. At the August 16, 2007 City Council meeting Staff was 31 directed to preserve the character of the overlay and clarify the code because a 32 bar, nightclub or lounge was intended to be a prohibited use. A text amendment 33 was prepared for the PZAB sitting as the Land Development Regulations 34 Committee, which denied the Ordinance by a vote of 5–2. Council was advised 35 that at the first meeting the determination was made that the current staff’s 36 interpretation was that if the use was not permitted, that it was prohibited. The 37 applicant argued the opposite, stating that if a use was not prohibited that it was 38 permitted. Kara Irwin stated that Ordinance 29, 2007 makes the intent clear. The 39 Ordinance 25, 2006 uses have not changed. 40 Marty Perry spoke on behalf of Carmine and Shiela Giardini. He requested 41 that their restaurant, Noche, be allowed to have a dance floor. He believes that 42 conditional use is appropriate. Discussion among Council members ensued. Vice 43 Mayor Levy clarified that nothing in the Ordinance prohibits a dance floor. He is 44 concerned of the problems that bars bring. Council Member Barnett agrees with 45 the Ordinance. Council Member Valeche stated that Noche is a form of 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 7  10 · 04 · 07 entertainment. He would like to see it kept as a conditional use. He prefers 1 keeping the discretion with the Council. Council Member Barnett stated that the 2 Ordinance included one text amendment. Council Member Jablin made a motion 3 to place Ordinance 29, 2007 on first reading, seconded by Vice Mayor Levy and 4 carried unanimously by a 5–0 vote. 5 d. Evaluation and Appraisal Report (EAR)-based Amendments. Stephen 6 Mayer, Growth Management, presented the first public workshop for the EAR-7 based amendments. This is the first public workshop in a series of two that goes 8 before the City Council. There will be four that go before the Planning, Zoning 9 and Appeals Board. Major elements addressed include: 1) plan for Western 10 growth, 2) diversity of land uses for infill and redevelopment of Eastern portions 11 of the city, 3) future transit, 4) maintain roadway leafages 5) re-evaluate level of 12 service criteria for parks and recreation, 6) pursue a provision for workforce 13 housing, and 7) encourage economic development including bioscience uses. 14 Kara Irwin, Growth Management Administrator, said it took 18 months to 15 evaluate the EAR and we must now review the current goals, objectives and 16 policies and address major issues in the City. Mayor Russo stated that we are far 17 ahead of the curve and without more money he failed to see what more we could 18 do. Kara Irwin mentioned non-cost incentives including goals, objectives and 19 policies addressing economic development. Council Member Barnett stated that 20 speed is a primary economic factor for businesses coming to the City and she 21 would like to see goals tied to permits, i.e., a specific goal is met with a 22 corresponding permit issued. Vice Mayor Levy cited that we do have concurrent 23 processing of permits with Council approval. Ms. Irwin listed other considerations 24 which include: 1) State requirements for the Capital Improvement Elements 25 (CIE), 2) policies based on regional water supply plan, and 3) changing land uses 26 to conservation. Vice Mayor Levy stated he would like to: 1) target expediting 27 permit programs for Leaders in Energy and Environmental Design (LEED)-28 certified buildings to build environmentally friendly buildings and 2) discuss 29 agreements with TECO about propane lines. Discussion ensued regarding propane 30 and methane. Ms. Irwin will get specific data. Vice Mayor Levy stated that he 31 believes Growth Management is going in the right direction. 32 X. RESOLUTIONS 33 a. Resolution 71, 2007 – Appointment to the Fire Pension Board. A 34 resolution of the City Council of the City of Palm Beach Gardens, Florida 35 approving the appointment of regular members to the City of Palm Beach 36 Gardens Fire Fighters’ Pension Board; and providing an effective date. 37 Motion made by Council Member Valeche and seconded by Vice Mayor 38 Levy for the appointment of Thomas Murphy and Richard Hitchins to the Fire 39 Pension Board and confirmation of Rick Rhodes. Motion carried unanimously 40 5–0. 41 b. Resolution 100, 2007 – Appointment to the Art In Public Places Advisory 42 Board. A Resolution of the City Council of the City of Palm Beach Gardens, 43 Florida approving the appointment of regular and alternate members to the Art in 44 Public Places Advisory Board; and providing an effective date. 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 8  10 · 04 · 07 Motion made by Council Member Jablin and seconded by Vice Mayor 1 Levy for the appointment of Myra Davis, Ellen Dukes and Karen Hainsworth as 2 regular members of the Art In Public Places Advisory Board, Cable Neuhaus as 3 first alternate and Jennifer O’Brien as second alternate. Motion carried 4 unanimously 5–0. 5 c. Resolution 107, 2007 – Appointment to the Economic Development 6 Advisory Board. A Resolution of the City Council of the City of Palm Beach 7 Gardens, Florida approving the appointment of regular and alternate members to 8 the Economic Development Advisory Board; and providing an effective date. 9 Mayor Russo stated that there were many meetings that could not be held 10 because of lack of a quorum. He also stated that we no longer have an Economic 11 Development Department nor a member from the Chamber of Commerce. Mayor 12 Russo suggested that before this board is reactivated the city manager should look 13 into how we should proceed, to which the Council agreed. 14 XIII. Resolution 109, 2007 – Appointment to the Planning, Zoning and Appeals 15 Board. Appointment to the Planning, Zoning and Appeals Board. A 16 Resolution of the City Council of the City of Palm Beach Gardens, Florida 17 approving the appointment of regular and alternate members to the Planning, 18 Zoning, and Appeals Board; and providing an effective date. 19 Vice Mayor Levy made a motion, seconded by Council Member Valeche, 20 to reappoint Michael Panczak, Douglas Pennell, and Jonathan Rubins as regular 21 members, and Amir Kanel as second alternate. Motion carried unanimously 5–0. 22 XIII. Resolution 110, 2007 – Appointment to the Parks and Recreation Advisory 23 Board. A Resolution of the City Council of the City of Palm Beach Gardens, 24 Florida approving the appointment of regular and alternate members to the 25 Parks and Recreation Advisory Board; and providing an effective date. 26 Vice Mayor Levy made a motion, seconded by Council Member Valeche, 27 for the reappointment of Carolyn Chaplik and Mary Anne Hedrick, and for the 28 appointment of Timothy Frohling and Amie Schneider as regular members and 29 William Sonnenreich as first alternate, leaving the second alternate position 30 vacant. Motion carried unanimously 5–0. 31 f. Resolution 111, 2007 – Appointment to the Community Aesthetics 32 Advisory Board. A Resolution of the City Council of the City of Palm Beach 33 Gardens, Florida approving the appointment of regular and alternate members to 34 the Community Aesthetics Board; and providing an effective date. 35 Council Member Barnett made a motion, seconded by Vice Mayor Levy 36 for the appointment of Gail Vastola, David Anderson, Frances Heaslip, and Albert 37 Jacob as regular members, Donald Brown as first alternate and Donald Krzan as 38 second alternate. Motion carried unanimously 5–0. 39 XIII. Resolution 112, 2007 – Appointment to the Budget Oversight Committee. A 40 Resolution of the City Council of the City of Palm Beach Gardens, Florida 41 approving the appointment of regular members to the Budget Oversight 42 Committee; and providing and effective date. 43 Council Member Valeche made a motion, seconded by Vice Mayor David Levy, 44 for the appointment of Bernard Pettingill as a regular member to fill a vacant 45 position. Motion carried unanimously 5–0. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 9  10 · 04 · 07 XI. ORDINANCES  1   None.  2 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 3 a. Request for reimbursement of attorneys’ fees. 4 At this time Mayor Russo recused himself and left the dais stating that he 5 abstained due to personal involvement. Vice Mayor Levy accepted the gavel and 6 assumed responsibility. Vice Mayor Levy stated this case is similar to former 7 Council Member Carl Sabatello’s case and that the same standards should be 8 applied. Vice Mayor Levy did contact the City attorney and received a memo. 9 Verification has been provided that Mr. Russo is no longer under investigation by 10 the U.S. Attorney’s Office in Miami. Two levels of standards should be met: 1) 11 the incident occurred because of Mr. Russo’s actions upon this council and the 12 actions occurred because of votes made on Mirasol, 2) these are clear funds, away 13 from and not intermingled with, any other case. Vice Mayor Levy stated that he 14 does believe that the actions did occur because of Mr. Russo’s participation on the 15 council and that he did use another attorney outside his ethics case and that the 16 charges are regular and customary. City Attorney Christine Tatum did confirm 17 that the charges are regular and customary for an experienced criminal defense 18 attorney in this area. Vice Mayor Levy also stated that determination needed to be 19 made that Mr. Russo was no longer under investigation for these charges. 20 Attorney Tatum confirmed that she contacted Assistant U.S. Attorney John 21 Kastrenakes on July 12, 2007 and that he did confirm that Mr. Russo was no 22 longer under investigation. Vice Mayor Levy then asked for discussion from the 23 Council. Council Member Barnett stated that there is no written documentation 24 stating that Mr. Russo’s case has been favorably concluded and that several of the 25 fees were for public relations issues and for these reasons could not support 26 reimbursement. Council Member Valeche stated that the portions relating to 27 dealing with the Palm Beach Post probably should not be paid for by the public. 28 Council Member Jablin stated that when Mr. Russo engaged the services of an 29 attorney it was because he was under investigation by the Federal Bureau of 30 Investigation (FBI). Council Member Jablin then stated that he agreed with Vice 31 Mayor Levy and that the fees should be reimbursed. Vice Mayor Levy stated that 32 at this point there were three votes favorable and one vote against reimbursement 33 for legal fees. There are two votes against reimbursement for public relations fees. 34 Attorney Tatum stated that under such circumstances she would recommend that 35 any elected official seek legal advice. She suggested separating the issue of legal 36 fees and public relations fees. Council Member Barnett asked Attorney Tatum if 37 she was unable to provide counsel because of conflict of interest. Attorney Tatum 38 answered that she is counsel for the City of Palm Beach Gardens and not for an 39 individual accused of an ethics violation or Sunshine violation. Council Member 40 Barnett said that in reviewing the bills there were various attorneys, some being 41 criminal and some being civil. She noted John Gary and said she did not 42 understand his relationship to the case. Attorney Tatum did confirm that there is a 43 statement for a consultation with Mr. Gary for 0.6 hours billed by Burnam, 44 Critton, Luttier & Coleman. Mr. Russo asked to be heard and explained that when 45 this case began in 2003 he was not familiar with the legal implications. As it 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 10  10 · 04 · 07 escalated and the newspapers became involved he did follow Attorney Tatum’s 1 advice and seek counsel. He explained that Mr. Gary introduced him to Mr. 2 Burnam and that is what the phone call charge relates to. Mr. Russo stated that 3 Mr. Gary did not do any work for him, nor would he have hired Mr. Gary or 4 accepted anything pro bono, because of Mr. Gary’s relationship with the City. Mr. 5 Russo stated that upon hiring an attorney he turned the matter over to him. He 6 also stated that Mr. Sabatello was reimbursed for fees concerning newspapers and 7 he felt it unfair to separate those fees for him. He did not request reimbursement 8 before because he did not want any implication that he received preferential 9 treatment. Mr. Russo thanked the Council for hearing him. Council Member 10 Jablin clarified that the bill does state that Mr. Gary made the introduction and 11 had no involvement beyond that. Council Member Jablin reiterated that Mr. 12 Sabatello had his fees reimbursed and that intermingled with that were fees for 13 conversations with the Palm Beach Post and that Mr. Russo should be treated the 14 same. Council Member Valeche inquired if there was an itemized bill for Mr. 15 Sabatello and Attorney Tatum advised that there was a line item statement. 16 Council Member Valeche stated that he sees a distinct difference between legal 17 and public relations fees. Council Member Jablin stated that Mr. Russo was the 18 target of a criminal investigation and not just a newspaper investigation. Council 19 Member Barnett stated that it was difficult to know, and she did not think it 20 appropriate to ask, if Mr. Russo was a subject or a witness. Council Member 21 Barnett stated that it would be an easier decision if the legal and public relations 22 fees were separated. Vice Mayor Levy stated that he felt it necessary to separate 23 the two. He then stated that he felt the case was tried in the press and that the fees 24 were part of the legal representation and that the right exists to defend one’s self. 25 He does not believe the issues should be separated and that Mr. Russo should not 26 be treated any differently than Mr. Sabatello. He felt that the level of proof was 27 equal. Attorney Tatum stated that she did deal extensively with the Palm Beach 28 Post because of public records requests. Vice Mayor Levy cited a public comment 29 card from Carol Estrada with Pat Hughey speaking on her behalf. The comment 30 stated that Ms. Estrada does not wish to have her taxes used to pay for Mr. 31 Russo’s attorney’s fees during a time of budget cuts. Ms. Hughey asked if the 32 person who loses a case has to pay for attorney’s fees, why are we paying 33 attorney’s fees and why did we pay Mr. Sabatello’s fees? Council Member 34 Barnett stated that she has copies of an Order for Dismissal for a finding of no 35 probable cause. The law does state that public officials are reimbursed if for a 36 positive finding—not guilty. Attorney Tatum reiterated that if charges are brought 37 against someone that are not sustained the State Attorney and the U.S. Attorney 38 do not reimburse expenses. Vice Mayor Levy clarified that the charges were 39 brought by the State Ethics Committee, a State agency. Joan Elias stated that 40 during the investigation it was a tense time for everyone in the City. Mr. Russo 41 and Mr. Sabatello were both charged. Mr. Russo was investigated back to his 42 former New Jersey home. The total reimbursement requested is less than $13,000. 43 Vice Mayor Levy re-polled the Council members. Council Member Barnett made 44 a motion and Council Member Jablin seconded for reimbursement to Mayor 45 Russo for fees not including charges relating to the Palm Beach Post. Motion 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING    PAGE 11  10 · 04 · 07 carried unanimously 4–0. At this time Vice Mayor Levy relinquished the gavel to 1 Mayor Russo who returned to the dais. 2 XIII. CITY ATTORNEY REPORT 3 None. 4 5 XIV. ADJOURNAMENT 6 There being no further business to discuss, the meeting was adjourned at 7 10:11 p.m. 8 9 10 APPROVED: _______________________________ 11 Joseph R. Russo, Mayor 12 13 14 ________________________________ 15 David Levy, Vice Mayor 16 17 18 ________________________________ 19 Eric Jablin, Council Member 20 21 22 ________________________________ 23 Hal R. Valeche, Council Member 24 25 26 ________________________________ 27 Jody Barnett, Council Member 28 29 30 Attest: 31 32 ________________________________ 33 Patricia Snider, CMC 34 City Clerk 35 36 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 37 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 38 39 All referenced attachments on file in the City Clerk’s office. 40 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 1 10 · 18 · 07 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 October 18, 2007 4 5 The October 18, 2007 Regular Meeting of the City Council of the City of Palm 6 Beach Gardens, Florida, was called to order at 7:03 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Joseph Russo. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be 12 in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric 13 Jablin, Council Member Hal Valeche, and Council Member Jody Barnett. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 Additions 16 The Jupiter Economic Development Advisory Board — The Town of Jupiter 17 would like to remain a source of seed funding for the life science business there. 18 An Ad Hoc Committee is being formed to assist the Town Council with finalizing 19 policy. They have asked that all applications for people willing to serve on the 20 Board be submitted to their office. D iscussion will be at the meeting. 21 Deletions 22 Quasi-judicial hearing for the Chase Bank Building — Applicant has requested 23 postponement until November 15, 2007. A copy of the letter has been posted. 24 MOTION 25 Council Member Jablin made a motion to accept the additions and deletions as 26 read by the Mayor. Seconded by Vice Mayor Levy. Motion carried by unanimous 5 –0 27 vote. 28 VI. ANNOUNCEMENTS AND PRESENTATIONS 29 None. 30 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 31 REPORTS 32 Council Member Barnett stated that last week was Fire Prevention Week. Our 33 Fire Department, with support from our Police Department, held a n event at Evergrene. 34 Our emergency services vehicles were on display and a fire drill was held, which 35 included teaching safety methods in the event of a fire. There was strong community 36 support for the event with hundreds of citizens attending. Council Member Barnett 37 expressed her thanks to all who participated. 38 Vice Mayor Levy stated that Dwyer High School held its homecoming parade 39 today. Dwyer High School will play Boynton Beach High School tomorrow. Palm Beach 40 Gardens High School’s homecoming parade is next Friday with the football game in the 41 evening. The homecoming dance will be held Saturday. Vice Mayor Levy attended the 42 Parks and Recreation Advisory Board meeting on October 15, 2007. They discussed the 43 Drowning Prevention–Learn To Swim Program, which is on the Council’s Consent 44 Agenda this evening. Also discussed was the Veterans Plaza, which is presently under 45 construction. This project was supported by Council Members Valache and Jablin. It is 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 2 10 · 18 · 07 coming along well and will be a beautiful location to hold events. Forms to be filled out 1 for volunteering, and brochures with information about the Big Heart Brigade, are on the 2 table. The program provides Thanksg iving dinners for the needy in our area. The 3 proceeds from The Taste of the Palm Beaches, being held Wednesday, November 14, 4 2007, at the PGA Commons supports the work of the Big Heart Brigade. 5 Council Member Valeche stated that he is very pleased to see the progress on the 6 Veterans Plaza. He cited the Palm Beach Post article that gave details on the project. 7 Council Member Valeche stated that the Veterans Plaza went from concept to a 8 completed project with an excellent outcome in just five months. He expr essed his thanks 9 to the dedicat ed staff, which has made this possible. He urged everyone to encourage 10 their neighbors to come to the November 11, 2007 dedication. 11 Mayor Joseph Russo encouraged participation and support of the Veterans Day 12 Golf Tournament. He attended a Bioscience Land Protection Advisory Board meeting on 13 October 18, 2007. Scripps building is ahead of schedule. An agreement has been reached 14 on the Briger parcel and will be discussed at the next County Commission meeting on 15 November 6, 2007. Another bioscience company is interested in moving to the area, 16 which would increase the tax base. Max Planck now has 17 Nobel Prize winners. The 17 PGA Corridor Group meeting had to be rescheduled to a future date. 18 Council Member Jablin stated that the Veterans Plaza project did not come from 19 taxpayer money. It was financed through a developer impact fee that was deposited into a 20 fund. He expressed his thanks to the Parks and Recreation Department and all involved 21 with the Green Market, which he considered a great success. The Children’s Triathlon 22 event was a tremendous success and will probably become an annual event. He also 23 encouraged everyone to attend Midtown’s Art in the Gardens event. 24 VI. CITY MANAGER REPORT 25 None. 26 VII. COMMENTS FROM THE PUBLIC 27 Suzanne Archer, 3187 Gardens East Drive, Sandalwood, Palm Beach Gardens, 28 stated that her written and e-mail requests for public records have gone unanswered, 29 specifically Executive Order 03-2004. City Manager Ron Ferris introduced Todd Engle, 30 Construction Servic es Director. Todd Engle stated that he was in receipt of Ms. Archer’s 31 request and was in the process of gathering the requested data, which he expected to have 32 available the following day, Friday, October 19, 2007. An emergency meeting was held 33 in regard to disasters after which Ron Ferris, City Manager, issued the Executive Order. 34 Explanation was offered that the reason for the Executive Order was to expedite the 35 process of emergency building repairs following the hurricanes. 36 Eileen Tucker, Shady Lakes, read a statement from Paul Auerback, president of 37 the PGA Coalition. Ms. Tucker then made a statement regarding, what she believed to be, 38 Council Member Jablin’s unbecoming behavior. 39 VIII. CONSENT AGENDA 40 a. Resolution 119, 2007 – Interlocal Agreement with Palm Beach County. A 41 Resolution of the City Council of the City of Palm Beach Gardens, Florida 42 approving an Interlocal Agreement with Palm Beach County to provide swim 43 lessons as part of the Drowning Prevention Coalition’s Learn to Swim Program; 44 and providing an effective date. 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 3 10 · 18 · 07 b. Resolution 122, 2007 - Interlocal Agreement with the Village of North Palm 1 Beach. A Resolution of the City Council of the City of Palm Beach Gardens, 2 Florida authorizing the Mayor and City Clerk to execute an Interlocal Agreement 3 with t he Village of North Palm Beach for building services; and providing an 4 effective date. 5 c. Resolution 123, 2007 – Memorandum of Understanding, A Resolution of the City 6 Council of the City of Palm Beach Gardens, Florida declaring the intent of the 7 City to allow Voluntary Employee Beneficiary Association (VEBA) fund or funds 8 for all City employees; approving and ratifying such Addenda, Memoranda of 9 Understanding, or other Agreements necessary to establish an interim escrow 10 account for potential VEBA funding for e mployee contributions; and providing an 11 effective date. 12 d. Proclamation – Make a Difference Day. 13 e. Proclamation – Florida City Government Week. 14 15 Council Member Valeche asked to discuss language in Resolution 123. Chair 16 entertained a motion on consent, absent Resolution 123. 17 MOTION 18 Motion made by Council Member Eric Jablin, seconded by Vice Mayor Levy and 19 carried by a unanimous 5–0 vote. 20 Resolution 123, 2007 – Memorandum of Understanding, A Resolution of the City 21 Council of the City of Palm Beach Gardens, Florida declaring the intent of the 22 City to allow Voluntary Employee Beneficiary Association (VEBA) fund or funds 23 for all City employees; approving and ratifying such Addenda, Memoranda of 24 Understanding, or other Agreements necessary to establish an interim esc row 25 account for potential Voluntary Employee Beneficiary Association VEBA 26 funding for employee contributions; and providing an effective date. 27 Language should read: ―1 percent of the 6 percent (0.06 percent) salary increase 28 should be put into the VEBA.‖ Clarification was acknowledged. Chair entertained a 29 motion on Resolution 123, 2007. 30 MOTION 31 Motion made by Council Member Eric Jablin, seconded by Vice Mayor Levy and 32 carried by a unanimous 5–0 vote. 33 IX. PUBLIC HEARINGS 34 Part I – Non-Quasi-judicial – Mayor Russo announced the procedures that would be 35 followed in tonight’s quasi-judicial proceedings. The City Clerk swore in all persons 36 preparing to give testimony at this meeting. 37 a. Ordinance 24, 2007 – (1st reading) Amending Chart of Permitted Uses. 38 An Ordinance o f the City Council of the City of Palm Beach Gardens, Florida 39 related to permitted uses in the Commercial General (CGI) Zoning District; 40 amending section 78-159, code of ordinances, entitled Permitted Uses, Minor, 41 and Major Conditional Uses, and Prohibited Uses to allow ancillary boat, 42 watercraft, and all-terrain vehicle sales as a major conditional use; providing for 43 codification; and providing an effective date. 44 Mayor Russo opened the public hearing and stated that this is a text 45 amendment . There have been no ex parte communications. Mr. Donaldson 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 4 10 · 18 · 07 Hearing, Cotleur & Hearing, introduced himself as representing the petitioner, 1 Oppidan Investment Company. The request is related to Ordinance 32, 2007 2 Gander Mountain PUD and Resolution 118, 2007 Miscellaneous Petition. The 3 request is to provide specifically for ancillary sales of small watercraft and all-4 terrain vehicles. It would require them to be within indoor air conditioned space 5 and be limited to no more than 25 percent of floor space. Only prep work would 6 be allowed on premises, no repairs. Mayor Russo declared the public hearing 7 open. 8 Dr. Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, 9 requested clarification on a dimension stated by Mr. Hearing. 10 There being no further comments from the public Mayor Russo declared 11 the public hearing closed. 12 MOTION 13 Motion made by Council Member Jablin that Ordinance 24, 2007 be 14 placed on first reading. Seconded by Vice Mayor Levy. Motion carried by 15 unanimous 5–0 vote. 16 b. Ordinance 29, 2007 – (2nd reading and adoption) PGA Boulevard 17 Corridor Overlay. An Ordinance of the City Council of the City of Palm Beach 18 Gardens, Florida amending Section 78-221, Code of Ordinances, entitled PGA 19 Boulevard Corridor Overlay to clarify which uses are prohibited within the 20 overlay; providing for codification; and providing an effective date. 21 Mayor Russo opened the floor to public hearing. Kara Irwin, Growth 22 Management Administrator, stated there had been no changes between the 1st and 23 2nd reading for this ordinance. There have been no ex parte communications. 24 Mayor Russo declared the public hearing open. With no one wishing to be heard, 25 he closed the public hearing. 26 MOTION 27 Council Member Jablin moved that Ordinance 29, 2007 be placed on 2nd 28 reading and adopted. Seconded by Vice Mayo r Levy. Motion carried by 29 unanimous 5–0 vote. 30 Part II – Quasi-judicial 31 a. Ordinance 30, 2007 – (1st reading) Gander Mountain PUD. An Ordinance 32 of the City Council of the City of Palm Beach Gardens, Florida relating to 33 rezoning; rezoning a parcel of land consisting of 13.18 acres, located on the West 34 side of Sandtree Drive, immediately South of the Northlake Commons/Home 35 Depot shopping center and immediately North of the Sandtree residential 36 development and Sandtree office development, as described more partic ularly 37 herein, from Commercial General (CG-1) to Planned Unit Development (PUD) 38 overlay with an underlying zoning of commercial General (CG-1) to be known as 39 the Gander Mountain PUD; amending the zoning district map; providing an 40 effective date. 41 Mayor Russo opened the public hearing and requested any ex parte 42 communications. Council Member Barnett stated her communication with the 43 applicant was regarding sign waivers. Vice Mayor Levy stated that he met with 44 the applicant and discussed green buildings, sign waivers, traffic flow locations, 45 loading docks and exotic tree removal. Council Member Valeche stated that he 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 5 10 · 18 · 07 met several times with the applicant to discuss the project concept, sign waivers, 1 landscaping issues and Sandtree Professional Plaza issues. Council Member 2 Jablin stated that he met twice with the applicant and once with homeowners. 3 Mayor Russo cited two meetings where impact to neighborhoods, relationship 4 with neighbors and signs were discussed. Donaldson Hearing, Cotleur & Hearing, 5 stated that he was representing the applicant. He gave a general descript ion of the 6 property and access, stating that the Sandtree residential development would now 7 have its own access. Gander Mountain is a high-end sporting goods retailer. The 8 store will be about 120,000 square feet. All of the parking will be in front of the 9 building so it will not interfere with the residential area. The loading area is 10 located to the North so it is in the least conspicuous area. An 8-foot buffer wall 11 and landscaping are proposed. The lake will be aerated and the aesthetics 12 improved. The Sandtree Office Plaza requested to have their name on the Gander 13 Mountain monument sign. The applicant is requesting a 2-foot height waiver so 14 the request can be accommodated. A waiver is also request ed for directional 15 signage from one to four to provide easier access to the Sandtree Office Plaza. 16 Landscaping design was presented. The applicant and Sandtree residents have 17 agreed to the following: 1) construct a buffer wall before the first vertical building 18 permit, 2) increase the height of the wall from 6 feet to 8 feet, 3) moved the 19 location of the wall and 4) agreed to wildlife preservation and sought the 20 assistance of the Busch Wildlife Sanctuary. A sign will be provided that says 21 Sandtree Residential Community. The assistance of Planning, Zoning and 22 Appeals was sought from the beginning. It will be the City’s first green building 23 with a silver Leaders in Energy and Environmental Design (LEED) certification. 24 The requested signage was explained. A second FedEx/UPS stop is proposed. 25 Kara Irwin, Growth Management Administrator, stated the Planning, 26 Zoning and Appeals Board held a public workshop on June 26, 2007. On 27 September 11, 2007 a public hearing was held. The Gander Mountain PUD was 28 approved by a unanimous vote of 7–0. Two waivers were approved. The second 29 delivery area was not approved. The signage approval includes the sign on the 30 North elevation at 6-foot height and the sign on the West Interstate 95 elevation. 31 Code does not permit tag line signage and this request will not be supported. The 32 brand name signage is also not supported by staff. Waivers that staff supports 33 include: intersection distance separation, direction signage, larger monument sign, 34 and 60-day grace period to obtain plat. The applicant has worked well with the 35 Sandtree community residents by providing traffic calming and neighborhood 36 identification and enhancements. Mayor Russo opened the floor to public 37 comments. 38 John Mehalko, 826 Sandtree Drive, Palm Beach Gardens, president o f the 39 Sandtree Homeowners Association, spoke in favor of the Gander Mountain PUD. 40 He stated that the applicant has been very helpful with the signage and closing the 41 road. His community had a vote with 80-percent approval. 42 Lauren Fountain, 506 Sandtree Drive, Palm Beach Gardens, expressed her 43 approval of working with Joe Ryan and Don Hearing. She asked who will be 44 responsible for putting the barrier in place. Kara Irwin stated that there will be a 45 locked gate with access for emergency services only. She also expressed her 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 6 10 · 18 · 07 concern about the wildlife preservation program. Donaldson Hearing, Cotleur & 1 Hearing, stated that Busch Wildlife will contact her tomorrow about her concerns. 2 Mayor Russo stated that if Ms. Fountain had further inquiries a separate meeting 3 would be set up. 4 Virginia McDaniel, 806 Sandtree Drive, Palm Beach Gardens, requested 5 explanation on the additional turn lane. Donaldson Hearing showed a slide and 6 offered clarification on the additional turn lane request. He addressed staff’s 7 concern for possible U-turns by stating the area is not large enough to 8 accommodate the wheelbase of the trucks. 9 Joan Elias, 1009 Diamond Head Road, Palm Beach Gardens, stated that 10 she has been to a Gander Mountain store and it was a very impressive retail 11 operation. It was very clean. The staff was well trained. 12 With no further comments Mayor Russo closed the public hearing. 13 Council Member Valeche cited the diversity of business and economic support 14 that Gander Mountain will bring to Palm Beach Gardens. He complime nted the 15 applicant on their willingness to work with residents and staff. He wants to see the 16 venture succeed and agrees with the request for signage. Vice Mayor Levy did not 17 agree with the Tracker sign or the tag line sign, but does agree with the sign on 18 the South face. He agrees with the larger signs because of the location. He also 19 believes that the visibility from I nterstate 95 is very important. He complimented 20 the applicant on the green energy-efficient design of the building. Vice Mayor 21 Levy agreed with the second loading zone as proposed by the petitioner. Council 22 Member Barnett agreed with the second loading zone citing safety. She agreed 23 that the applicant has worked well with Sandtree residents and the Sandtree Office 24 Plaza and deserves consideration of the signage requests. She stated that the 25 monument sign is beautiful and will be a benefit to the Sandtree Office Plaza. She 26 believed that the tag line signs should be limited and that the Tracker sign on the 27 corner of the building is acceptable. Council Member Jablin agreed with the 28 secondary loading area. He agreed with the request for the 8-foot sign, but not the 29 request for the Tracker sign. Mayor Russo stated that Gander Mountain is as 30 exciting a project as Legacy Place. He believes they have e nhanced the residential 31 and commercial property. He stated that he does not agree with the tag line signs 32 or the Tracker sign. Mayor Russo went on to explain that this is the second time 33 that there have been major issues with signage code that staff is trying to enforce. 34 He believes that a review of the sign code may be necessary. Council Member 35 Barnett spoke in favor of the Tracker sign, which faces the parking lot and is 36 unique to Gander Mountain. She asked that it be given further consideration. 37 Council Member Valeche pointed that a waiver is not a violation of the law. He 38 requested a rendering of the Tracker sign from Donaldson Hearing. Council 39 Member Barnett requested that the sign code be brought up at a Town Hall 40 meeting. 41 MOTION 42 Council Member Jablin made a motion to place Ordinance 30, 2007 on 43 first reading by title only, seconded by Vice Mayor Levy and carried unanimously 44 by a 5–0 vote. 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 7 10 · 18 · 07 b. Resolution 118, 2007 – Miscellaneous Petition. A Resolution of the City 1 Council of the City of Palm Beach Gardens, Florida approving a miscellaneous 2 petition to allow for the clearing of exotic vegetation, relocation of existing native 3 palms to City property, prior to obtaining final site plan approval of the proposed 4 Gander Mountain PUD, to be located on a 13.18-acre parcel, as described more 5 particularly herein; providing for conditions, and providing an effective date. 6 Mayor Russo opened the public hearing and requested any ex parte 7 communications. Council Member Barnett said she had no ex parte 8 communication. Vice Mayor Levy, Council Member Jablin, Council Member 9 Valeche and Mayor Russo stated that they did have ex parte communication on 10 this subject. Donaldson Hearing, Cotleur & Hearing, is making this request on 11 behalf of the applicant as a benefit to the ne ighborhood to allow them to proceed 12 with some clearing in advance of the final development order. It will allow them 13 to provide additional safeguards and help facilitate some of the green initiatives. 14 The activit ies will be limited to the removal of exotic vegetation, relocation of 15 native vegetation and grading for the wall, which will allow the wall to be in place 16 before any vertical development begins. A $2,000,000 bond is being posted, 17 which is the value of the vegetation being relocated or replaced. App roximately 18 100 trees will be relocated to the PGA National Park. Fence with opaque 19 screening will be installed. Utilities have been relocated. Minor encroachments 20 are being addressed. Permits have been filed. Mr. Hearing is requesting to defer 21 the obligation to have the relocations complete for two weeks either prior to 22 second reading or prior to the issuance of vertical construction. Mayor Russo 23 inquired if staff had any questions of the petitioner. Council Member Jablin 24 inquired if the language Mr. Hearing is proposing is in the resolution. Kara Irwin, 25 Growth Management Administrator, stated that she would prefer more definite 26 timing. Mayor Russo inquired about the petition having been agreed to at an 27 earlier date. Mr. Hearing explained the process of gett ing signatures from the 28 Sandtree residents and then filing for permits so the encroachments can be 29 removed. He stated that they would like to start relocating trees tomorrow. Kara 30 Irwin then explained that Mr. Hearing is actually requesting a two -week 31 extension. Discussion ensued regarding specific language. Christine Tatum, City 32 Attorney, read the language to be used: ―Prior to November 1, 2007 all 33 encroachments shall be removed. Failure to do so will result in a Stop Work 34 Order.‖ 35 MOTION 36 Council Member Jablin made a motion to approve Resolution 118, 2007 37 with the revision as read into the record by City Attorney Christine Tatum, 38 seconded by Vice Mayor Levy and carried unanimously by a 5–0 vote. 39 c. Resolution 78, 2007 – Chase Bank Building. A Resolution of the City 40 Council of the City of Palm Beach Gardens, Florida amending Resolution 21, 41 1998 to allow a total of four additional tenant wall signs on the Northeast and 42 Southwest elevations of the PGA Financial Center Building (f.k.a. MacArthur 43 Center Office Building) located at the Northeast corner of PGA Boulevard and 44 Fairchild Gardens Avenue within the Regional Center Development of Regional 45 Impact (DRI), as more particularly described herein; providing an additional 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 8 10 · 18 · 07 waiver; providing an additional condition of approval; and providing an effective 1 date. 2 MOTION 3 Motion was made by Council Member Jablin to continue Resolution 78, 4 2007 to the November 15, 2007 meeting. Seconded by Vice Mayor Levy; carried 5 by unanimous 5–0 vote. 6 d. Resolution 95, 2007 – Concurrent processing of a Future Land Use Map 7 Amendment (FLUM). A Resolution of the City Council of the City of Palm 8 Beach Gardens, Florida allowing the concurrent processing of a Planned Unit 9 Development (PUD) and a Comprehensive Plan Amendment for the 10-acre 10 parcel located at the Southwest corner of Hood Road and Interstate 95; approving 11 a concurrent processing agreement; and providing an effective date. 12 Mayor Russo opened the public hearing and requested any ex parte 13 communication, to which all members replied they had none. Mayor Russo 14 requested confirmation that Mr. Carl Sabatello was no longer involved with the 15 subject property. Kara Irwin, Growth Management Administrator, and Donaldson 16 Hearing, Cotleur & Hearing, both stated that Mr. Sabatello no longer held 17 contractual interest in the property. Christine Tatum, City Attorney, stated that 18 there was no written documentation to that effect. Mayor Russo stated that he 19 would abstain until a letter of clarification was obtained. Mayor Russo abstained 20 because Mr. Sabat ello is a major client of Mayor Russo’s office. At this time 21 Mayor Russo relinquished the gavel and turned the meeting over to Vice Mayor 22 Levy. Mr. Donaldson Hearing stated that the staff requested consideration of the 23 concurrent processing for this project. There is a pending land use amendment to 24 make it consistent with the surrounding land uses. Vice Mayor Levy asked if there 25 were questions for the staff or by the staff. There being no reply Vice Mayor Levy 26 opened the public hearing. There being no comme nts Vice Mayor Levy closed the 27 public hearing. 28 MOTION 29 Council Member Jablin made a motion for approval of Resolution 95, 30 2007. Council Member Barnett seconded. Motion carried unanimously by a 4 –0 31 vote. Mayor Russo returned to the dais and resumed his position. 32 e. Resolution 98, 2007 – PGA Boulevard Streetscape. A Resolution of the 33 City Council of the City of Palm Beach Gardens, Florida approving the PGA 34 Boulevard beautification plan for the Mirasol Planned Community District (PCD) 35 located between PGA Boulevard and Hood Road, West of the Ronald Regan 36 Turnpike; authorizing the City Manager or designee to execute FDOT permits 37 and/or a maintenance Memorandum of Agreement; providing conditions of 38 approval; and providing an effective date. 39 Mayor Russo opened the public hearing and requested any ex parte 40 communication, to which all members replied they had no ne. Anne Booth, Urban 41 Design Studio, representing Taylor Woodrow, stated she was seeking approval of 42 the landscape design that Mirasol is to provide along a 2-mile area of the median 43 and Southern border of PGA Boulevard. Ms. Booth described specific planting 44 information. Vice Mayor Levy asked if there were any questions for the 45 petitioner. Council Member Jablin inquired if there had been a tree-for-tree 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 9 10 · 18 · 07 replacement on the South side, to which Ms. Booth responded that she did not 1 know. She explained that the replacement trees have been clustered. Council 2 Member Jablin stated that he thought the vegetation was satisfactory. Council 3 Member Jablin inquired if the sidewalk is still in place, to which Ms. Booth 4 replied that it is. With no further questions from the Council, Mayor Russo 5 opened the hearing for public comment. With no comments, Mayor Russo closed 6 the public hearing. 7 MOTION 8 Council Member Jablin made a motion for approval of Resolution 98, 9 2007. Vice Mayor Levy seconded. Motion carried unanimously by a 5 –0 vote. 10 f. Resolution 114, 2007 – Residential monument signs for the Garden Isles 11 subdivision. A Resolution of the City Council of the City of Palm Beach Gard ens, 12 Florida authorizing the construction of two residential monument signs within the 13 Larch Avenue right -of-way; and authorizing the execution of an Easement 14 Agreement for the signs; providing conditions of approval; and providing an 15 effective date. 16 Mayor Russo opened the public hearing and requested any ex parte 17 communication, to which all members replied they had none. Jackie Holloman, 18 Planner, Growth Management, stated that the Garden Isles subdivision, also 19 knows as the PGA National Golf Club Estates North, was previously approved for 20 a Military Trail grant in 2005–2006 for two residential entry monument signs. Ms. 21 Holloman gave specific monument locations and stated that the two homeowners 22 nearest the signs had signed agreements. City Council is requested to waive all 23 permitting fees, as is typical for all projects with a Military Trail grant. The 24 standard agreement between the City and the homeowners association will apply. 25 The homeowners association is requesting a waiver for code, which limits 26 residential signs to one. The second sign will match the first and afford balance. 27 With no comments, Mayor Russo closed the public hearing. 28 MOTION 29 Council Member Jablin made a motion for approval of Resolution 114, 30 2007. Vice Mayor Levy seconded. Motion carried unanimously by a 5–0 vote. 31 X. RESOLUTIONS 32 None. 33 XI. ORDINANCES 34 None. 35 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 36 None. 37 XIII. CITY ATTORNEY REPORT 38 None. 39 At this time Mayor Russo addressed the disparaging comment made earlier in the 40 evening regarding Council Member Jablin. He requested to know the latitude that he has 41 when personal attacks are made, specifically if the person is allowed three minutes to say 42 whatever they choose, or if the comments must be limited to City business. Mayor Russo 43 thanked Council Member Jablin for his discretion by not responding to the attack. 44 Council Member Barnett suggested that Christine Tatum, City Attorney, look into the 45 issue and provide advice, to which there was agreement. Council Member Jablin 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 10 10 · 18 · 07 addressed the attack by stating that as public figures Council Members are subject to 1 attack, but that he would not respond and hopes that no other Council Member would 2 respond either. Further discussion ensued with Mayor Russo stating that should the 3 situation arise again it can be brought up for discussion, as he has done with this 4 situation. 5 (The remainder of this page intentionally left blank.) 6 7 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 11 10 · 18 · 07 XIV. ADJOURNAMENT 1 There being no further business to discuss, the meeting was adjourned at 2 9:11 p.m. 3 4 APPROVED: 5 _______________________________ 6 Joseph R. Russo, Mayor 7 8 9 ________________________________ 10 David Levy, Vice Mayor 11 12 13 ________________________________ 14 Eric Jablin, Council Member 15 16 17 ________________________________ 18 Hal R. Valeche, Council Member 19 20 21 ________________________________ 22 Jody Barnett, Council Member 23 24 25 26 Attest: 27 28 ________________________________ 29 Patricia Snider, CMC 30 City Clerk 31 32 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 33 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 34 35 All referenced attachments on file in the City Clerk’s office. 36 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 1 11 · 01 · 07 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 November 1, 2007 4 5 The November 1, 2007 Regular Meeting of the City Council of the City of Palm 6 Beach Gardens, Florida, was called to order at 7:05 p.m.in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Joseph Russo. 9 I. PLEDGE OF ALLEGIANCE 10 Following the Pledge of Allegiance Mayor Russo requested a moment of silence 11 for Californians being evacuated because of wildfires. 12 II. ROLL CALL 13 The City Clerk called the roll and the following elected officials were found to be 14 in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric 15 Jablin, Council Member Hal Valeche, and Council Member Jody Barnett. 16 III. ADDITIONS, DELETIONS, MODIFICATIONS 17 None. 18 IV. ANNOUNCEMENTS/PRESENTATIONS 19 a. Transfer of ownership of retired police K-9 Dragan to Sergeant Glenn 20 Wright. Chief of Police Stephen Stepp announced the retirement of Police K-9 Dragan 21 due to progressive arthritis. Chief Stepp presented highlights of Dragan’s 5-year career 22 with handler, Sergeant Glenn Wright , including: 210 times utilized resulting in 36 23 apprehensions and 79 arrests. Mayor Russo awarded Sergeant Wright ownership of 24 Dragan. Council Member Jody Barnett cited bud get restraints as the reason preventing 25 the City from buying another K-9 to replace Dragan. Council Member Barnett then 26 announced the PGA Corridor Association and local businesses have agreed to raise the 27 $7,000.00 necessary for the purchase of a new K-9. Council Member Barnett presented 28 an initial $500.00 check. 29 b. Implementation request for Phase II of the Veterans Park Project located 30 at the Municipal Complex. Community Services Administrator Jack Doughney presented 31 an update on the progress of Veterans Plaza. He invited everyone who participated in all 32 phases of the design, construction and implementation of Phase I of the project to attend a 33 breakfast Friday, November 9, 2007 at 8:30 a.m. in the City Hall lobby. The Mayor’s 34 second annual Veterans Golf Tournament will be held Saturday, November 10, 2007 at 35 the City of Palm Beach Gardens Municipal Golf Course. Proceeds will go to the Veterans 36 Administration Hospital. The Veterans Plaza dedication will be held Sunday, 37 November 11, 2007 at 11:00 a.m. At this t ime the five military branch flags will be 38 unveiled: U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine Corps and U.S. Coast 39 Guard. A draft version of the updated Buy Into the Gardens program has been submitted 40 to Council. The program will allow a flag to be flown for 30 days in memory of a loved 41 one and retired in their honor. Recreation Director Charlotte Presensky presented an 42 update of the Veterans Plaza project Phase I and described Phase II. Ms. Presensky 43 emphasized that funding comes from a non ad valorem fund. Discussion ensued 44 regarding funding. City Attorney Christine Tatum confirmed the appropriate use of funds 45 from the cultural donation fund. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 2 11 · 01 · 07 MOTION 1 Motion made by Council Member Eric Jablin and seconded by Vice Mayor Levy 2 in support of moving forward with Phase II of the Veterans Plaza project authorizing the 3 amount of $269,000 from the cultural donation account be used. Motion carried 4 unanimously 5–0. 5 c. IRS Code 501.(c).3 Charitable Corporation for Palm Beach Gardens 6 Police Volunteer Organization, Inc. Chief of Police Stephen Stepp explained the 7 charitable purpose of setting up the Police Department 501.(c).3 account. He then 8 introduced Captain Tom Murphy of the Citizens Mobile Patrol, who gave an in-depth 9 presentation of the plans and workings of th e 501.(c).3 not for profit charitable 10 organization to be named the Palm Beach Gardens Police Volunteers, Inc. V olunteers 11 working within the Police Department who are not members of the Citizens Mobil e 12 Patrol will be included. Funds raised through the organization will be used for various 13 programs within the Police Department. The proposed board members were introduced. 14 Vice Mayor Levy and Mayor Russo thanked Captain Murphy and the members of the 15 organization for their efforts. Mayor Russo expressed the supp ort of the Council. 16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 17 REPORTS 18 Council Member Jody Barnett expressed her thanks to the PGA Corridor 19 Association for the ir support and then congratulated the members of the newly 20 established Palm Beach Gardens Police Volunteers, Inc. A town hall meeting is 21 tentatively set for January 30, 2008. Community input is being sought. 22 Vice Mayor David Levy introduced Fire Chief Pete Bergel, who presented 23 information on the fo urth annual A Taste of the Palm Beaches, which raises money for 24 the Big Heart Brigade and will be held on November 14, 2007 at PGA Commons. 25 Mayor Joseph Russo announced this coming weekend Jupiter’s Abacoa 26 community will hold an Italian Festival. On Sunday, November 4, 2007, 2:30 p.m., a 27 cheese building contest will be held. The prizes are awarded to the winner’s favorite 28 charities. Mayor Russo will participate and has selected the Big Heart Brigade as his 29 charity. 30 Vice Mayor David Levy raised the subject of the new hotel that is being planned 31 for Roan Lane and voiced his concerns about the project. Vice Mayor Levy then asked 32 City Manager Ron Ferris for his report. City Manager Ferris stated that a letter had been 33 submitted from the City objecting to the project. City Manager Ferris then introduced 34 Growth Management Administrator Kara Irwin who proceeded to inform the Council that 35 we had formally objected to the project by letter through the Intergovernmental Plan 36 Amendment Review Committee (IPARC) process. The next step, which is not yet 37 complete, is for the City of Palm Beach Gardens to fill out and submit a formal objection 38 through the IPARC process that will go to the Board of County Commissioners. Vice 39 Mayor Levy is taking a leadership role on behalf of the City regarding its objections to 40 the hot el project. A major concern is that Roan Lane is a residential neighborhood and 41 not suitable for the amount of traffic generated by a hotel. Compatibility is a big issue. 42 Council Member Hal Valeche mentioned a special election that was held for a 43 vacant State House district seat in Broward. The election was held to replace someone 44 who had died. A total of 4,000 votes were cast in the primary. The winner won with 36 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 3 11 · 01 · 07 percent, or approximately 1,440 votes. Council Member Valeche expressed his concern 1 that such a small number of votes were cast. The area has 160,000 residents. 2 Council Member Eric Jablin announced the Red, White and Zin event to be held 3 November 2, 2007 to benefit the Northern Palm Beach Chamber of Commerce. It will be 4 the first event held in Veterans Plaza. 5 Mayor Joseph Russo announced that Vice Mayor Levy, Council Member Jablin 6 and himself attended the Palm Beach Gardens Homecoming Parade. They were interested 7 to see our police officers in action as they arrested someone trying to break into a house 8 just one block from where the parade was being organized. 9 Mayor Joseph Russo announced the Smoke Free Society has requested a letter of 10 support from the City of Palm Beach Gardens for the establishment of a center in Palm 11 Beach County to help people who want to stop smoking. 12 MOTION 13 A motion was made by Vice Mayor Levy and seconded by Council Member Jablin in 14 support of sending the requested letter to the Smoke Free Society. Motion passed 15 unanimously, 5–0. 16 VI. CITY MANAGER REPORT 17 None. 18 VII. COMMENTS FROM THE PUBLIC 19 Ms. Elyse Isadore, 3847 Vancott Circle, Palm Beach Gardens, Florida, stated her 20 objections to the Value Place Hotel being planned for Roan Lane off Northlake 21 Boulevard, east of Interstate 95. Vice Mayor David Levy has agreed to help sto p this 22 project. 23 Ms. Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, Florida, expressed 24 her frustration at trying to find buildings in two other cities where the names and 25 addresses were only permitted on one side of the building. Ms. Estrada believes that the 26 City of Palm Beach Gardens should consider her experience when considering future 27 signage requests. 28 Mr. Donald son Hearing, 1934 Commerce Lane, Jupiter, Florida, appearing on 29 behalf of the PGA Corridor Association, wishes to express its thanks to the Council for 30 its support, vision and commitment to PGA Boulevard. 31 VIII. CONSENT AGENDA 32 Council Member Jablin made a motion to accept the Consent Agenda. Vice Mayor Levy 33 seconded the motion, which carried by a unanimous 5 –0 vote. Therefore, the following 34 items were approved on the Consent Agenda: 35 a. Resolution 24, 2007 – Nextel South Corporation. A Resolution of the City 36 Council of the City of Palm Beach Gardens, Florida authorizing the execution of 37 an Agreement with Nextel South Corporation relating to reconfiguration of public 38 safety radio communications system frequencies; and providing an effective date. 39 b. Proclamation – National GIS Day. 40 c. Proclamation – Hospice of Palm Beach County Mont h. 41 IX. PUBLIC HEARINGS 42 Part I – Quasi-judicial – Mayor Russo announced the procedures that would be 43 followed in tonight’s quasi-judicial proceedings. No ex parte communications were 44 reported. The City Clerk swore in all those intending to offer testimony in any of 45 tonight’s public hearings. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 4 11 · 01 · 07 a. Ordinance 24, 2007 - (2nd reading and adoption) Amending chart of 1 Permitted Uses. An Ordinance of the City Council of the City of Palm Beach 2 Gardens, Florida related to permitted uses in the General Commercial (CG1) 3 Zoning District; amending section 78-159, Code of Ordinances, entitled 4 “Permitted Uses, Minor, and Major Conditional Uses, and Prohibited Uses ”; to 5 allow ancillary boat, watercraft, and all-terrain vehicle sales as a major 6 conditional use; providing for codification; and providing an effective date. 7 Mayor Russo declared the public hearing open. Donaldson Hearing, 8 Cotleur & Hearing, stated that he had a presentation, if Council wished to see it. 9 Mayor Russo declined saying Council had seen the presentation so it was not 10 necessary to review it again. Mayor Russo explained the g uidelines governing 11 discussion for this ordinance. With no further comments the public hearing was 12 declared closed. 13 MOTION 14 Council Member Eric Jablin moved to place Ordinance 24, 2007 on 2 nd reading and 15 adopted, seconded by Vice Mayor Levy and approved unanimously, 5–0. 16 b. Ordinance 31, 2007 – (1st reading). Amending the Capital Improvements 17 Element. An Ordinance of the City Council of the City of Palm Beach Gardens, 18 Florida amending the Capital Improvements Element of the City of Palm Beach 19 Gardens Comprehensive Plan; and providing an effective date. 20 Mayor Russo declared the public hearing open. Stephen Mayer, Growth 21 Management, Senior Planner, presented elements pertinent to Ordinance 31, 22 2007. Council Member Barnett inquired if by approving Ordinance 31, 2007 the 23 Council is not approving the projects noted, but stating that we do have 24 committed funding sources for them. Stephen Mayer stated Council Member 25 Barnett was correct. Vice Mayor Levy mentioned a second access road for the 26 schools at Shady Lakes. Mayo r Russo suggested Vice Mayor Levy talk to the area 27 residents before bringing the matter before Council. With no further comments 28 the public hearing was declared closed. 29 MOTION 30 Council Member Eric Jablin moved to place Ordinance 31, 2007 on 1st reading, 31 seconded by Vice Mayor Levy and approved unanimously, 5–0. 32 c. Evaluation and Appraisal Report (EAR)-Based Amendment Workshop. 33 Mayor Russo declared the public hearing open. Stephen Mayer, Growth 34 Management, Senior Planner stated that this is the second meet ing to discuss the 35 EAR. Stephen Mayer stated that the required four Planning, Zoning and Appeals 36 Board (PZAB) workshops have already been held. He presented the major 37 elements contained in the EAR. Council Member Jablin asked when Staff made 38 the recommendations. Stephen Mayer replied that he intends to present 39 recommendations to PZAB in either December or January. Council Member 40 Barnett expressed her concerns that specific elements were being addressed 41 before being heard by the PZAB. Council Member Barnett then discussed Transit-42 Oriented Development (TOD) concerns. Discussion ensued between Mayor 43 Russo, Council Member Jablin, Council Member Barnett, Vice Mayor Levy and 44 Kara Irwin, Growth Management Administrator. 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 5 11 · 01 · 07 Linda Maggio, 903 Santree Drive, Palm Beach Gardens, Florida 33403, 1 asked that subjects, such as the EAR, be explained in terms, including acronyms, 2 the public audience can understand. 3 Council Member Jablin and Mayor Russo acknowledged Ms. Maggio’s 4 concerns. Kara Irwin explained the EAR is a comprehensive plan for land use 5 within the City. It must be re-evaluated every 7 years. Stephen Mayer continued 6 his presentation. Mayor Russo requested that in future such lengthy presentations 7 be noted before the Council meeting. Discussion ensued among Council Members 8 regarding housing issues. Stephen Mayer continued his presentation regarding 9 public safety. Council Member Barnett stated that our level of service for fire 10 response time is better than the County’s and she does not want our standard to go 11 down, to which there was agreement. Discussion ensued among Council Members 12 regarding public safety. City Manager Ron Ferris noted the standard the City uses 13 was established in Resolution 124, 2004, which established a minimum level of 14 service county-wide and all municipalities had to meet that minimum. The City of 15 Palm Beach Gardens’ standards are much higher. Stephen Mayer continued his 16 presentation on recreation. Discussion ensued regarding recreation standards. 17 Stephen Mayer continued his presentation on coast al management. Kara Irwin 18 stated that the EAR issues will be brought back before Council in March. Mayor 19 Russo declared the public meeting closed. 20 Part II – Non-Quasi-judicial 21 a. Resolution 115, 2007 – Seasons 52 Restaurant PUD Amendment. A 22 Resolution of t he City Council of the City of Palm Beach Gardens, Florida 23 amending the Seasons 52 Planned Unit Development (PUD), located at the 24 Northwest corner of PGA Boulevard and Ellison Wilson Road, as more 25 particularly described herein, to allow a change in use fro m an art gallery to 26 professional office; amending certain conditions of approval; reallocating building 27 square footages; and providing an effective date. 28 No ex parte communications were reported. Mayor Russo declared the 29 public hearing open. 30 Donaldson Hear ing, Cotleur & Hearing, representing Seasons 52 31 requested the building’s second level be changed from an art gallery to 32 professional office space. There being no further discussion Mayor Russo 33 declared the public meeting closed. 34 MOTION 35 Council Member Jablin made a motion in favor of Resolution 115, 2007, seconded by 36 Vice Mayor Levy and approved unanimously, 5–0. 37 b. Ordinance 30, 2007 – (2nd reading and adoption) Gander Mountain PUD. 38 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 39 relating to rezoning; rezoning a parcel of land consisting of 13.18 acres, located 40 on the West side of Sandtree Drive, immediately South of the Northlake 41 Commons/Home Depot shopping center and immediately North of the Sandtree 42 residential development and Sandtree office development, as described more 43 particularly herein, from Commercial General (CG-1) to Planned Unit 44 Development (PUD) overlay with an underlying zoning of Commercial General 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 6 11 · 01 · 07 (CG-1) to be known as the Gander Mountain PUD; amending the zoning district 1 map; providing an effective date. 2 No ex parte communications were reported. Mayor Russo declared the 3 public hearing open. 4 Mr. Donaldson Hearing, Cotleur & Hearing, representing Oppidan 5 Investment, Inc. wished to thank the Council for the early removal of vegetation 6 authorization approved two weeks’ ago. It enabled vegetation to be saved as well 7 the repair of the encroachments. Many wildlife were safely removed. Mr. Hearing 8 is requesting a waiver to allow the boundary wall to be moved 10 feet away from 9 homeowners’ property. The signage has been redone and a sample of the new 10 Tracker sign is presented. 11 Discussion among the Council members ensued. Kara Irwin, Growth 12 Management Administrator, cited items not in the Resolution. 13 Julian Knight, 8743 Sat alite Terrace, Lake Park, Florida, stated his 14 objection is the speeding problem on the Sandtree Road. A 120,000-squaret foot 15 retailer is moving into a residential neighborhood. Problems exist with 16 Schumacher Automotive dealership loading and unloading cars in the street. The 17 issue of loading boats and all-terrain vehicles (ATV) needs to be resolved before 18 the project is built. 19 Donald Houser, 510 Sandtree Drive, Palm Beach Gardens, Florida, 33410, 20 stated closing the road into the office complex is necessary to stop speeding. 21 Linda Maggio, 903 Sandtree Drive, Palm Beach Gardend, Florida, 33410, 22 spoke in support of closing the end of Sandtree Drive to prevent speeders driving 23 through the residential neighborhood. 24 Lauren Fountain, 506 Sandtree Drive, Palm Beac h Gardens, Florida, 25 33410, thanked the Gander Mountain staff for all of their efforts on behalf of the 26 residents of the Sandtree community. She also stated that the office complex at 27 the end of Sandtree Drive needed to be closed off from access to the residential 28 community road because of speeding and reckless driving. 29 Joseph Ryan, Oppidan, Inc., stated that, although closing the road is not 30 Gander Mountain’s responsibility, he is willing to take on the responsibility so the 31 work on the project can continue. 32 Mayor Russo closed the floor to public comment. Discussion was held 33 among Council regarding the closing of the Sandtree office complex’s access to 34 Sandtree Drive. Donaldson Hearing stated a thorough traffic analysis was done 35 for this facility. All outstanding issues have been addressed. 36 MOTION 37 Council Member Jablin moved to place Ordinance 30, 2007 on 2 nd reading and adoption; 38 seconded by Vice Mayor Levy and passed unanimously, 5–0. 39 c. Resolution 106, 2007 – Gander Mountain PUD. A Resolution of the City 40 Council of the City of Palm Beach Gardens, Florida approving the Gander 41 Mountain Planned Unit Development (PUD) on a 13.18-acre parcel located on the 42 West side of Sandtree Drive, immediately South of the Northlake 43 Commons/Home Depot Shopping Center, and immediately North of the Sandtree 44 Residential Development and Sandtree Office Development, as described more 45 particularly herein, to allow the development of a 120,000 -square-foot retail 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 7 11 · 01 · 07 building; granting major conditional use approval for indoor ancillary boat and 1 all-terrain vehicle sales; providing waivers; providing conditions of approval; and 2 providing an effective date. 3 City Manager Ron Ferris requested a recess for a review of the wording of 4 Resolution 106, 2007. At this time Mayor Russo requested a 5-minute recess for 5 discussion of verbiage in Resolution 106, 2007. Following the recess the Mayor 6 brought the meeting back to order. 7 MOTION 8 Council Member Jablin moved Resolution 106, 2007 with the following changes: 1) an 9 additional waiver, No. 11, Sectio n 78-285, for permitted signs to allow two brand name 10 signs for Tracker located on the North and West elevations, 2) change to Condition 24 11 prior to the issuance of the certificate of occupancy (COO) for the Gander Mountain PUD 12 the applicant shall remove a ll prohibited, invasive and non-native plants from the sight; 13 seconded by Vice Mayor Levy and passed unanimously, 5–0. 14 X. RESOLUTIONS 15 None 16 XI. ORDINANCES 17 None. 18 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 19 None. 20 XIII. CITY ATTORNEY REPORT 21 None. 22 23 (The remainder of this page intentionally left blank.) 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 8 11 · 01 · 07 XIV. ADJOURNAMENT 1 There being no further business to discuss, the meeting was adjourned at 2 10:00 p.m. 3 4 APPROVED: _______________________________ 5 Joseph R. Russo, Mayor 6 7 8 ________________________________ 9 David Levy, Vice Mayor 10 11 12 ________________________________ 13 Eric Jablin, Council Member 14 15 16 ________________________________ 17 Hal R. Valeche, Council Member 18 19 20 ________________________________ 21 Jody Barnett, Council Member 22 23 24 25 26 Attest: 27 28 ________________________________ 29 Patricia Snider, CMC 30 City Clerk 31 32 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbati m 33 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 34 All referenced attachments on file in the City Clerk’s office. 35 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 1 11 · 15 · 07 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 November 15, 2007 4 5 The November 15, 2007 Regular Meeting of the City Council of the City of Palm 6 Beach Gardens, Florida, was called to order at 7:00 p.m.in the Council Chambers of the 7 Municipal Comple x, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Vice Mayor David Levy. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be 12 in attendance: Vice Mayor David Levy, Council Member Eric Jablin, Council Member 13 Hal Valeche, and Council Member Jody Barnett. Mayor Joseph Russo was absent. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 None. 16 VI. ANNOUNCEMENTS AND PRESENTATIONS 17 a. A Taste of the Palm Beaches –Thomas DeRita: Vice Mayor Levy introduced 18 Thomas DeRita who spoke about A Taste of the Palm Beaches charity event. The 19 successful event raised $24,000.00 in support of the Big Heart Brigade, which will serve 20 50,000 Thanksgiving meals to Palm Beach County residents and 25,000 more meals to 21 Martin County and Indian River County residents. In total, the Big Heart Brigade served 22 300,000 Thanksgiving meals in the last 14 years. Mr. DeRita expressed his thanks to 23 Chief of Police Stephen Stepp and Fire Chief Pete Bergel for the work done by their 24 department members. Mr. DeRita then thanked City Manager Ron Ferris for his support. 25 b. Palm Beach Gardens Police Volunteers – Chief Stephen Stepp: Chief Stepp 26 explained the purpose of the new Palm Beach Gardens Police Volunteers, a 501(c)3 27 char itable organization, and introduced Jack Milne, a member of the board of directors. 28 Chief Stepp explained the preliminary work creating the organization has been completed 29 and the paperwork submitted to the federal government. Start-up money for the fund is 30 still needed. Chief Stepp explained the Florida FBI National Academy Associates 31 (FBINAA) hosted its annual training conference in Palm Beach Gardens at PGA 32 National. Chief Stepp, an FBINAA graduate, then introduced FBINAA members Chief 33 Lou Cavallo, Broward County Sheriff’s Office and Florida FBINAA Third Vice 34 President, and Captain Matthew Eisenberg, Palm Beach County Sheriff’s Office. Chief 35 Cavallo , presented an overview of the FBI National Academy and the 2007 conference, 36 which was held in Palm Beach Gardens. Chief Cavallo explained that if money is left 37 over after the conclusion of the event the Florida FBINAA makes a donation to the host 38 community. Chief Cavallo then presented a check for $5,000.00 to the Palm Beach 39 Gardens Police Volunteers for use within the community. Vice Mayor Levy thanked 40 Chief Cavallo and the Florida FBINAA for their generosity. 41 c. PGA National Park Update – Todd Engle, Director of Construction Services: 42 Todd Engle gave a brief history of the park, current description of the facilit ies and a 43 description of proposed changes. Council Member Jody Barnett, inquired about the 44 Northeast and Northwest sections of the park. Todd Engle stated the tennis courts and 45 basketball courts already exist and the new features to be added include: pavil ion, 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 2 11 · 15 · 07 relocation of playground, picnic facilities, jogging trail and fishing area. The remaining 1 area will remain passive. Vice Mayor Levy inquired if the palm trees now being installed 2 came from the Gander Mountain project. Todd Engle replied the trees are being relocated 3 from the Gander Mountain site. Council Member Barnett inquired if the residents behind 4 the planned parking area have seen the plans. Todd Engle replied that the residents 5 attended the Planning and Zoning meeting where the plans were presented and they were 6 satisfied with the lighting and the landscaping. 7 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 8 REPORTS 9 Council Member Jody Barnett wished everyone a happy Thanksgiving and asked 10 that everyone give thanks for our first responders and the men and women serving 11 overseas and for the wonderful life we enjoy here because of them. 12 Council Member Hal Valeche expressed his thanks to the workers who 13 constructed Veterans Plaza. It will change over the years, but is off to a great start. 14 Council Member Eric Jablin expressed his thanks to the staff, the backbone of the 15 City, who implement the decisions of the Council. He expressed his thanks to the workers 16 who constructed Veterans Plaza, reiterating that it is awesome. Thanks were also offered 17 to Jack Doughney, Community Services Administrator , for his work on Veterans Plaza. 18 Council Member Jablin noted the groundbreaking for the Amanda Buckley Field of 19 Dreams on Plant Drive will take place on Saturday, November 17, 2007. 20 Vice Mayor Levy expressed thanks for the work done to create the Veterans 21 Plaza. He also offered his thanks to Council Member Valeche for his moving tribute on 22 Veterans Day. Vice Mayor Levy encouraged everyone to attend the Annual Thanksgiving 23 Show at the Riverside Youth Enrichment Center, that will take place on November 16, 24 2007 at 9:30 a.m. My Safe Florida has contacted Vice Mayor Levy requesting 5 to 10 25 minutes at a Council meeting for their presentation on hurricane -proofing a house. 26 Discussion among Council members ensued. A decision will be made at another time. 27 Vice Mayor Levy suggested dedicating a commemorative brick in Veterans Plaza in 28 memory of Ray Lambert , charter member of the Palm Beach Gardens Volunteer Fire 29 Department . Council members agreed. 30 VI. CITY MANAGER REPORT 31 None. 32 VII. COMMENTS FROM THE PUBLIC 33 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, expressed her thanks 34 to Tom DeRita for the Taste of the Palm Beaches event . Ms. Elias also expressed her 35 thanks to Channing Corporation for the innovative ideas at PGA Commons. 36 Tom Cairnes, representing The Gardens Mall and the PGA Corridor Association, 37 explained that the remodeling of The Gardens Mall is almost complete and has been well 38 received. He also stated that the new holiday decorations have been hung and Santa 39 arrives November 17, 2007. Mr. Cairnes expressed his thanks to the City and Council 40 members for their support of the 6th Annual PGA Corridor Association holiday event, 41 which was well attended. He also thanked John and Joel Channing for the A Taste of the 42 Palm Beaches event. He stated his respect for the local businesses and their support for 43 the community. 44 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 3 11 · 15 · 07 VIII. CONSENT AGENDA 1 a. Approval of August 16, 2007 regular City Council meeting minutes. 2 b. Approval of September 4, 2007 regular City Council meeting minutes. 3 c. Approval of September 19, 2007 regular City Council meeting minutes. 4 d. Resolution 121, 2007 – Software license and use Agreement. A Resolution of the 5 City Council of the City of Palm Beach Gardens, Florida approving a Software 6 License and Use Agreement between the City of Palm Beach Gardens and MCCi, 7 a subsidiary of Municipal Code Corporation, for the Laserfiche Document 8 Imaging System; and providing an effective date. 9 e. Resolution 128, 2007 – Purchase award to Musco Sports Lighting. A Resolution 10 of the City Council of the City of Palm Beach Gardens, Florida approving an 11 Agreement with Musco Sports Lighting, LLC for the purchase and installation of 12 sports lighting at PGA National Park in an amount not to exceed $575,586.00 via 13 an existing contract wit h the City of Jacksonville, Florida. Bid No. SC-0511-06; 14 authorizing the Mayor and the City Clerk to execute the Agreement; and 15 providing an effective date. 16 MOTION 17 Motion made by Council Member Eric Jablin to approve the Consent Agenda, seconded 18 by Council Member Valeche and carried by unanimous vote, 4–0. 19 IX. PUBLIC HEARINGS 20 Part I –Quasi-judicial 21 Part II – Non-Quasi-judicial 22 a. Ordinance 31, 2007 – (2nd reading and adoption). Amending the Capital 23 Improvements Element . An Ordinance of the City Council of the City of Palm 24 Beach Gardens, Florida amending the Capital Improvements Element of the City 25 of Palm Beach Gardens comprehensive plan; and providing an effective date. 26 Vice Mayor Levy established there had been no changes to Ordinance 31, 27 2007 since first reading. He then opened the public hearing. There being no public 28 comment, Vice Mayor Levy closed the public hearing. Council members had no 29 comment. 30 MOTION 31 Motion made by Council Member Eric Jablin to adopt Ordinance 31, 2007, seconded by 32 Council Member Hal Valeche and carried by unanimous vote, 4–0. 33 X. RESOLUTIONS 34 None. 35 XI. ORDINANCES 36 None. 37 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 38 Vice Mayor Levy stated the City has the opportunity to appoint a representative to 39 the Workforce Alliance governing board. Based on past experience and an excellent 40 reputation, Max Davis has been suggested for the position. 41 MOTION 42 Motion made by Vice Mayor Levy to appoint Max Davis to the Workforce Alliance 43 governing board, seconded by Council Member Eric Jablin and carried by unanimous 44 vote, 4–0. 45 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 4 11 · 15 · 07 XIII. CITY ATTORNEY REPORT 1 None. 2 3 XIV. ADJOURNAMENT 4 There being no further business to discuss, the meeting was adjourned at 7:35 p.m. 5 6 APPROVED: 7 8 _______________________________ 9 Joseph R. Russo, Mayor 10 11 12 ________________________________ 13 David Levy, Vice Mayor 14 15 16 ________________________________ 17 Eric Jablin, Council Member 18 19 20 ________________________________ 21 Hal R. Valeche, Council Member 22 23 24 ________________________________ 25 Jody Barnett, Council Member 26 27 28 29 Attest: 30 31 32 ________________________________ 33 Patricia Snider, CMC 34 City Clerk 35 36 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 37 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 38 All referenced attachments on file in the City Clerk’s office. 39 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 26,2007 Meeting Date: December 20, 2007 Resolution 13 1,2007 SUBJFCT/AGENDA ITEM Resolution 13 1,2007: Redevelopment of Palm Beach Gardens Elementary School Consideration for Approval: A request by the School District of Palm Beach County for a Major Conditional Use to allow the demolition of the existing elementary school and the construction of a new one and two story educational facility, on the 1 1.44-acre Palm Beach Gardens Elementary School site, generally located at the northeast corner of the intersection of Riverside Drive and Holly Drive. [XI Recommendation to APPROVE. [ ] Recommendation to DENY Reviewed by: I Orio~~ Dept.: City Attorney Christine P. T Manager I Kara Irwin, AICP Development Ix] Quasi- compliance& u ~udicial Bahareh Keshavan-Wolfs, [ ] Legislative AICP [a Public Hearing Advertised: Paper: Palm Beach Growth Manage Date: 12/5/2007 Administrator Kara L. Irwin, Post Approved By: 1 [XJ Required [I NotRequired AfEected Parties: [XJ Notified [ ] NotRequired Finance: Finance Administrator: Allan Owens N/A Building Accountant: BY___ N/A K. Labossiere Feespaid: m/A] Date: Budget Acct.#: N/A City Council Action: [ ]Approved [ ] App. w/ conditions [ ]Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ]Continued to: Attachments: 0 PBPost Ad 0 Conditional Use Criteria Analysis 0 Section 1013.33 0 Site Plan Elevations 0 PBC Traffic Concurrency 0 Resolution 13 1, 2007 (F.S.) Date Prepared. November 26,2007 Meeting Dale: December 20,2007 Resolution 13 1,2007 Page 2 of 6 EXECUTIVE SUMMAR Y The existing site is an 11.44-acre parcel (to be referred to as the “Palm Beach Gardens Elementary School”) at the northeast comer of Riverside Drive and Holly Drive. The applicant is requesting a site plan and a Major Conditional Use to allow for the redevelopment of the existing elementary school. This subject petition includes the demolition of the existing structures, and the construction of two new interconnected buildings, totaling 1 12,668 square-feet. The Planning, Zoning and Appeals Board reviewed the subject petition on July 24, 2007, and unanimously recommended approval to the City Council. Staff recommends approval of Resolution 13 1,2007. BACKGROUND In the early 1960s the MacArthur Foundation dedicated the subject property to the Board of Public Instruction of Palm Beach County, which constructed the existing elementary school in 1962. Currently, the School District of Palm Beach County (the “District”) is proposing to demolish the existing elementary school and construct a new education facility consisting of two interconnected buildings totaling 112,668 square feet, which will serve as the new Palm Beach Gardens Elementary School. The property is 1 1.44 acres in size. The school is located at the northeast comer of Riverside Drive and Holly Drive. LAND USE AND ZONING The subject site has a Public (P) future land-use designation and a zoning designation of Public or Institutional (PI). 2005 FLORIDA STATUTES In accordance with Section 1013.33, Florida Statutes (F.S.), entitled Coordination of planning (Educational facilities) with local governing bodies (attached), the District is required to request a determination from the City that a site plan for a proposed educational facility is consistent with the City’s Comprehensive Plan. The City shall determine, in writing within 45 days after receiving the necessary information and the school board’s request for a determination, whether the proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and hrther City approvals are not required, except as provided in Section 1013.33, F.S. Failure of the City to make a determination in writing within 90 days after the District’s request for a determination of consistency shall be considered an approval of the District’s application. Further, the City may not deny the site application based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan’s land use policies and categories in which public schools are identified as allowable uses, the City may not deny the application. The City may only consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in Section 1013, F.S., or the Florida Building Code, unless mutually agreed and consistent with the Interlocal Agreement required by Section 1013.33, F.S. Date prepared: November 26,2007 Meeting Date: Deoember 20,2007 Resolutioa 131,2007 Page 3 of 6 CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN Future Land Use Element The following are policies set forth in the Future Land Use element of the City’s Comprehensive Plan relating to school facilities with which the proposed site plan for the School is consistent: Policy 1.1.1.7.: The City shall ensure the availability for suitable land for public and institutional uses necessary to support development by: (Policy 1.1.1.7 continued) 2. ***** Allowing publidinstitutional uses in certain land-use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: ***** (c) Public/Institutional Uses shall be limited in intensity to maximum lot coverage of 40% of the site and a maximum building height of 50 feet. Staff Comments: The proposed School has maximum lot coverage of 23.8% of the site and a maximum building height of 35’ to the tallest point. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land-use category (RR20, RR10, RVL, RL, RM, RH). Further, schools shall be considered publidinstitutional uses and be allowable within areas designated Industrial (IND) and Public (P) on the Future Land Use Map. $t&Comment$: The subject site has a Public (P) hture land-use designation. (e) PublidInstitutional Uses shall be buffered fiom adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall be a minimum of 25 feet in the fiont, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed publidinstitutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Staff Comments: The proposed site plan incorporates a 55’ front setback adjacent to Riverside Drive, a 90’ side setback from Holly Drive, a 85’ rear setback from the northern property line, and a 193’ side setback from Ironwood Drive. The applicant has met the site plan requirements by designing a 20’ landscape buffer along the northern property line adjacent to the existing industrial development, a 8’ landscape buffer along the western property line adjacent to Riverside Drive, a 10’ landscape buffer along the southern property line adjacent to Holly Drive, and a 10’ landscape buffer along as much of the eastern property line adjacent to Ironwood Drive as was possible. Date Prepred: November 26,2007 Meeting Date: December 20,2007 Resolutioa 131,2007 Page 4 of 6 Public School Facilities Element The following are policies set forth in the Public School Facilities element of the City’s Comprehensive Plan relating to the siting and development review process for public school ficilities: Objective 1 1.1.4.: To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy 1 1.1.4.1 : The City of Palm Beach Gardens shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Staff Comments: Staff has made every attempt to expeditiously review the District’s development proposal in accordance with the City’s LDRs to ensure the integration of the School facility with surrounding land uses. Policy 1 1.1.4.2: There shall be no significant environmental conditions and significant historical resources on a proposed site that cannot be mitigated or otherwise preclude development of the site for a public educational facility. Staff Comments: environmental resources on site. No historical resources exist on site. Staff has determined that the proposed site plan poses no threats to the Policy 1 1.1.4.3: The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Staff Comments: The District has indicated that all necessary development permits have already been acquired. CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS Section 78- 159 of the City’s LDRs, entitled Permitted uses, conditional, and prohibited uses, requires “Schools, Public and Private,” to be granted conditional use approval by the City Council. Demonstration of the project’s compliance with the City’s conditional use criteria established in Section 78-52 is attached hereto as Attachment A. PROJECT DETAILS Overview The District is proposing an 112,668 square-foot elementary school on the existing 1 1.44 acre Palm Beach Gardens Elementary School site. The school consists of two (2) interconnected buildings, one and two stones in height. In addition, the site plan incorporates sports fields for basketball, soccer, and baseball; and 2 playgrounds. Date Prepared November 26,2007 Meeting Date: Decembei 20,2007 Resolution 131,2007 Page 5 of 6 Faculty & Staff Service Staff Traffic Concurrency The new school design will increase capacity at the school fi-om 556 students to 736 students in the program capacity, and 1006 students in the core facilities. The applicant has provided a Traffic Concurrency Impact Analysis, and the City’s Traffic Consultant has performed a coordinated review with the Palm Beach County Traffic Division. The County has granted concurrency with a build out of 2010, but has suggested further analysis. 120 I 129 10 I10 Access and Traffic Circulation Currently vehicular access is provided to the elementary school via two driveway connections off of Riverside Drive along the west property line, and a bus loop is provided at the northwest comer of the property, also off of Riverside Drive. The applicant is proposing to redesign the site to provide parent drop off and visitor access via a new connection from Ironwood Drive to a new “eastem” parking lot and drop off loop on the site. In addition, the applicant is providing a new bus loop connection from Holly Drive. Lastly, the applicant is proposing to develop a one-way parent drop off connection from Riverside Drive (northwest comer of the site) to the eastern parking lot. Visitors 1 per 100 (940 Core STU ETA) Parking Parking requirements for schools are dictated by Chapter 423 of the Florida Building Code. Specifically, the proposed elementary school is required to provide 140 parking spaces, and has provided a total of 149 spaces. (See table below.) 10 I TvDe of Parkine I Reauired I Provided 1 10 I Total I 140 I 149 Landscaping The School District is limited in the amount of landscaping they can provide by State mandated requirements for Crime Prevention Through Environmental Design (CEPTD). Therefore, the District has worked with the City Forester in order to come up with a landscape plan that addresses the City’s major concerns and maintains the safety standards and budgetary constraints of the District. Common species proposed on the landscape plan include Live Oak, Cabbage Palm, Bald Cypress, Alexander Palms, Gumbo Limbos, etc. Lighting The District will be providing lighting around each building and the parking lots. The District has provided a photometric plan which indicates the lighting will meet Palm Beach County lighting requirements, which are compatible with the City’s lighting regulations. Furthermore, the District has indicated there will be no nighttime use of the school, such that parking lot and sports lights will be left on at night. Architecture The District is proposing a style of architecture which is Modem in flavor, and is consistent with other Date Prepard Nwember 26,2007 Meeting Date: December 20,2007 Resolution 131,2007 Page 6 of 6 schools within the City. The construction style is “tilt-up”, and the building includes such features as smooth and rough finish combinations, and aluminum detailing. In addition, the applicant has provided additional articulation through the use of color, integrated rain gutters, and a flat roof for the building. DEVELOPMENT REvlEW COMMITTEE The City’s Development Review Committee performed a review of the project and has provided comments and conditions of approval. PUBLIC NOTICE In accordance with Section 78-54 of the City’s Land Development Regulations, entitled Public Notice, the City sent notice of this public hearing via US mail to all property owners within 500 feet of the site, and City staff has posted the property for the public hearing. PLANNING. ZONING, AND APPEALS BOARD At the July 24,2007, Planning, Zoning and Appeals Board meeting, the Board unanimously voted (7- 0) to recommend approval of the subject petition to the City Council. STAFF RECOMMENDATION In accordance with the aforementioned Florida Statutes, staff has reviewed the proposed site plan and considered its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Staff has determined that the proposed site plan does not raise any environmental concerns; it ensures the health, safety and welfare of the students and faculty on the school campus, as well as that of the surrounding residents and visitors to the site; it minimizes negative effects on adjacent properties; and it is consistent with the City’s Comprehensive Plan, as stated herein. Therefore, staff recommends APPROVAL of Resolution 13 1,2007. 8 , I CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on December 20, 2007, at 7:OO p.m., or as soon thereafter as can be heard, at the City Hall Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: RESOLUTION 131,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE ACRE PARCEL OF LAND, GENERALLY LOCATED AT THE NORTHEAST CORNER OF HOLLY DRIVE AND RIVERSIDE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE “PALM BEACH GARDENS ELEMENTARY SCHOOL”; ALLOWING THE REDEVELOPMENT OF THE EXISTING ELEMENTARY SCHOOL; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. PLAN AND A MAJOR CONDITIONAL USE FOR THE 11.44- All members of the public are invited to attend and participate in this public hearing. All documents pertaining to this Resolution may be inspected by the public in the Growth Management Department (561 -799-4243) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for holidays. 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). Patricia Snider, CMC, City Clerk Publication Date: Wednesday, December 5, 2007 Date prepoued: November 20,2007 Meeting Date: December 20,2007 CONDITIONAL USE ANALYSIS City of Palm Beach Gardens LDR Section 78-52 (1) Comprehensive plan. The proposed use is consistent with the comprehensive plan. StqffAnalpsk: As demonstrated in the staff report for this petition, staff has determined that the proposed school is consistent with the City‘s Comprehensive Plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. &lffArzQl_vsrs - : Section 78-159 of the City‘s LDRs, entitled Permitted uses, conditional, and prohibited uses, requires “Schools, Public and Private,” located within a Public or Institutional (PI) zoning district to acquire Major Conditional Use approval from the City Council. The subject property has an underlying zoning of PI; therefore, staff has requested the application be processed as a Major Conditional Use. The proposed development plans are generally consistent with the requirements of the City‘s Land Development Regulations. (3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. Staff Analus ‘ : The proposed use is consistent with the additional standards provided in Section 78-159Q). (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective meam of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; c. Providing for an adequate roadway system adjacent to and front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and e. Providing adequate access for public safety purposes, including fire and police protection. Date prepared: November 26,2007 Meeting Date: December 20,2007 PBG Elementary School Page 2 of 3 conditional use Analysis &-ff Andusts : Staff has determined that the proposed use provides for the aforesaid standards and, therefore, provides for the public health, safety, and welfare. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: a. Noise; b. Glare; C. Odor; d. e. f. Skms; g. Waste disposal and recycling; h. Ground-, wd-, ,r roof-mounted mechanical equipment; Perimeter, interior, and security lighting; Outdoor storage of merchandise and vehicles; i. Visual impact; and j. Hours of operation. Sta@Analys&: As provided in the staff report, Ci,y staff has continually urged the District to make every attempt to minimize the negative impacts of the project on the adjacent properties, including the issues listed above. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. Staff Analym * : As provided in the staff report, the District has made every attempt to minimize the negative impacts of the project on the adjacent properties. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. Staff Analysw ' : The proposed site plan is generally consistent with the requirements of this chapter. Date Prepared: November 26,2007 Meeting Date: December 20,2007 Conditional Use Analysis PBG Elementary School Page 3 of 3 (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. StafAnaZysis: N/A (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. &&Analus * : The site has functioned as a school since 1962. Furthermore, the proposed design of the school site, in staff's opinion, is compatible with the surrounding areas. (10) Patterns of development. timely, and orderly development patterns. The proposed use will result in logical, StaffAnalu - a: As mentioned above, the site has operated as a high school since 1962. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. Staff Andy sis: Staff has reviewed the proposed use and found it to be in harmony with the intent of the City's LDRs and the Goals, Objectives, and Policies of the Comprehensive Plan. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. StclffAnal_uszs . : As provided in the staff report, the District has made every attempt to minimize the negative impacts of the project on the adjacent properties. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, induding impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. AnaZysis: Staff has reviewed the proposed development plan and determined that there will be no adverse impacts on environmental and natural resources. Statutes & Constitution :View Statutes : flsenate.gov Page 1 of 5 December 03, 2007 El Print This Paqe Home Session b Committees b Senators ? Information Center b Statutes ti Constitution b Video Broadcasts Select Year: 2007 Go The 2007 Florida Statutes Title XLVlll Chapter 1013 K-20 EDUCATION CODE EDUCATIONAL FACILITIES View Entire Chapter 101 3.33 Coordination of planning with local governing bodies.-- I 9 (1) It is the policy of this state to require the coordination of planning between boards and local governing bodies to ensure that plans for the construction and openfng of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services. Such planning shall include the integration of the educational facilities plan and applicable policies and procedures of a board with the local comprehensive plan and land development regulations of local governments. The planning must include the consideration of allowing students to attend the school located nearest their homes when a new housing development is constructed near a county boundary and it is more feasible to transport the students a short distance to an existing facility in an adjacent county than to construct a new facility or transport students longer distances in their county of residence. The planning must also consider the effects of the location of public education facilities, including the feasibility of keeping central city facilities viable, in order to encourage central city redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl. In addition, all parties to the planning process must consult with state and local road departments Transportation. Session ZOOB Blll # Go a I Session 2008 Search ' to assist in implementing the Safe Paths to Schools program administered by the Department of 1013.33 Search I Enrei your ~ip+4 coae (2)(a) The school board, county, and nonexempt municipalities located within the geographic area of a school district shall enter into an interlocal agreement that jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a schedule published by the state land planning agency. a be coordinated. The interlocal agreements shall be submitted to the state land planning agency (b) The schedule must establish staggered due dates for submission of interlocal agreements that are executed by both the local government and district school board, commencing on March 1, entitks within a school district. However, if the county where the school district is located dates for the submission of interlocal agreements by these municipalities. The schedule must begin with those areas where both the number of districtwide capital-outlay full-time-equivalent students equals 80 percent or more of the current yeafs school capacity and the projected 5-year student gmwth rate is 1 ,OOO or greater, or where the projected 5-year student growth rate is 10 percent or greater. B?w -1 2003, and concluding by December 1 , 2004, and must set the same date for all governmental I contains more than 20 municipalities, the state land planning agency may establish staggered due - (c) If the student population has declined over the 5-year period preceding the due date for submittal of an interlocal agreement by the local government and the district school board, the bcal government and district school board may petition the state land planning agency for a waiver of one or more of the requirements of subsection (3). The waiver must be granted if the procedures called for in subsection (3) are unnecessary because of the school district's declining school age population, considering the district's 5-year work program prepared pursuant to s. 1013.35. The state Land planning agency may modify or revoke the waiver upon a finding that the conditions upon which the waiver was granted no longer exist. The district school board and local governments must submit an interlocal agreement within I year after notification by the state land planning agency that the conditions for a waiver no longer exist. (d) Interlocal agreements between local governments and district school boards adopted pursuant http://www. fl senate.gov/Statutes/index. cfin?mode=View?!20Statutes&SubMenu= 1 &App-. . . 1 2/3/2007 Statutes & Constitution :View Statutes : flsenate.gov Page 2 of 5 to s. 163.3177 before the effective date of subsections (2)-(9) must be updated and executed pursuant to the requirements of subsections (2)-(9), if necessary. Amendments to interlocal agreements adopted pursuant to subsections (2)-(9) must be submitted to the state land planning agency within 30 days after execution by the parties for review consistent with subsections (3) and (4). Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement in which all join as parties. The state land planning agency shall assemble and make available model interlocal agreements meeting the requirements of subsections (2)-(9) and shall notify local governments and, jointly with the Department of Education, the district school boards of the requirements of subsections (2)-(9), the dates for compliance, and the sanctions for noncompliance. The state land planning agency shall be available to informally review proposed interlocal agreements. If the state land planning agency has not received a proposed interlocal agreement for informal review, the state bnd planning agency shall, at least 60 days before the deadline for submission of the executed agreement, renotify the local government and the district school board of the upcoming deadline and the potential for sanctions. (3) At a minimum, the interlocal agreement must address interlocal agreement requirements in s. 1&3.3s0(13)(g), except for exempt local governments as provided in s. 163.3177(12), and must address the following issues: (a) A process by which each local government and the district school board agree and base their plans on consistent projections of the amount, type, and distribution of population growth and student enrollment. The geographic distribution of jurisdiction-wide growth forecasts is a major objective of the process. (b) A process to coordinate and share information relating to existing and planned public school facilities, including school renovations and closures, and local government plans for development and redevelopment. (c) Participation by affected local governments with the district school board in the process of evaluating potential school closures, significant renovations to existing schools, and new school site selection before land acquisition. Local governments shall advise the district school board as to the consistency of the proposed closure, renovation, or new site with the local comprehensive plan, including appropriate circumstances and criteria under which a district school board may request an amendment to the comprehensive plan for school siting. (d) A pmcess for determining the need for and timing of onsite and offsite improvements to support new construction, proposed expansion, or redevelopment of existing schools. The process shall address identification of the party or parties responsible for the improvements. (e) A process for the school board to inform the local government regarding the effect of comprehensive plan amendments on school capacity. The capacity reporting must be consistent with laws and rules regarding measurement of school facility capacity and must also identify how the district school board will meet the public school demand based on the facilities work program adopted pursuant to s. 1013.35. (f) Participation of the local governments in the preparation of the annual update to the school board's 5-year district facilities work program and educational plant survey prepared pursuant to s. 1013.35. (g) A process for determining where and how joint use of either school board or local government facilities can be shared for mutual benefit and efficiency. (h) A procedure for the resolution of disputes between the district school board and local governments, which may include the dispute resolution processes contained in chapters 164 and 186. (i) An oversight process, including an opportunity for public participation, for the implementation of the interlocal agreement. (4) (a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any comments or concerns regarding the executed interlocal agreement to the state land planning agency wfthin 30 days after receipt of the executed interlocal agreement. The state land planning agency shall review the executed interlocal agreement to determine whether it is consistent with the requirements of subsection (3), the adopted local government comprehensive plan, and other http://www.flsenate.gov/Ststute~ndex.din?mode=Viewo/o20StSubMenu=l &App-. . . 12/3/2007 Statutes & Constitution :View Statutes : flsenate.gov Page 3 of 5 requirements of law. Within 60 days after receipt of an executed interlocal agreement, the state land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall post a copy of the notice on the agency's Internet site. The notice of intent must state that the interlocal agreement is consistent or inconsistent with the requirements of subsection (3) and this subsection as appropriate. (b) The state land planning agency's notice is subject to challenge under chapter 120; however, an affected person, as defined in s. 1@.3184(1)(a), has standing to initiate the administrative proceeding, and this proceeding is the sole means available to challenge the consistency of an interlocal agreement required by this section with the criteria contained in subsection (3) and this subsection. In order to have standing, each person must have submitted oral or written comments, recommendations, or objections to the local government or the school board before the adoption of the interlocal agreement by the district school board and local government. The district school board and local governments are parties to any such proceeding. In this proceeding, when the state land planning agency finds the interlocal agreement to be consistent with the criteria in subsection (3) and this subsection, the interlocal agreement must be determined to be consistent with subsection (3) and this subsection if the local government's and school board's determination of consistency is fairly debatable. When the state land planning agency finds the interlocal agreement to be inconsistent with the requirements of subsection (3) and this subsection, the local qvernment's and school board's determination of consistency shall be sustained unless it is shown by a preponderance of the evidence that the interlocal agreement is inconsistent. (c) If the state land planning agency enters a final order that finds that the interlocal agreement is inconsistent with the requirements of subsection (3) or this subsection, the state land planning agency shall forward it to the Administration Commission, which may impose sanctions against the local government pursuant to s. 163.3184(11) and may impose sanctions against the district school board by directing the Department of Education to withhold an equivalent amount of funds for school construction available pursuant to 5s. 101 3.65, 1013.68, 101 3.70, and 101 3.72. (5) If an executed interlocal agreement is not timely submitted to the state land planning agency for review, the state land planning agency shall, within 15 working days after the deadline for submittal, issue to the local government and the district school board a notice to show cause why sanctions should not be imposed for failure to submit an executed interlocal agreement by the deadline established by the agency. The agency shall forward the notice and the responses to the Administration Commission, which may enter a final order citing the failure to comply and imposing sanctions against the local government and district school board by directing the appropriate agencies to withhold at least 5 percent of state funds pursuant to s. 163.3184(11) and by directing the Department of Education to withhold from the district school board at least 5 percent of funds for school construction available pursuant to 5s. 1013.65, 1013.68, 1013.70, and 1013.72. (6) Any local government transmitting a public school element to implement school concurrency pursuant to the requirements of s. 163.3180 before the effective date of this section is not required to amend the elerrtent or any interlocal agreement to conform with the provisions of subsections (2)-(8) if the element is adopted prior to or within 1 year after the effective date of subsections (2)-(8) and remains in effect. (7) Except as provided in subsection (8), municipalities meeting the exemption criteria in s. ~_~_ 163.3177(12) -~ are exempt from the requirements of subsections (Z), (3), and (4). (8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the extent to which it continues to meet the criteria for exemption under s. 163.3177(12). If the municipality continues to meet these criteria, the municipality shall continue to be exempt from the interlocal agreement requirement. Each municipality exempt under s. 163.3177(12) must comply with the provisions of subsections (2)-(8) within 1 year after the district school board proposes, in its 5-year district facilities work program, a new school within the municipality's jurisdiction. (9) A board and the local governing body must share and coordinate information related to existing and planned school facilities; proposals for development, redevelopment, or additional development; and infrastructure required to support the school facilities, concurrent with proposed development. A school board shall use information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216.136 when preparing the district educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local governments, when provided by interlocal agreement, and the Office of Educational Facilities and SMART Schools Clearinghouse, in consideration of local governments' population projections, to ensure that the district educational facilities plan not only reflects enrollment projections but also http://www. fl senate. gov/Statutes/index. cfm?mode=Viewo/o20Statutes& SubMenu= 1 &App-. . . 12/3/2007 Statutes & Constitution :View Statutes : flsenate.gov Page 4 of 5 considers applicable municipal and county growth and development projections. The projections must be apportioned geographically with assistance from the local governments using local government trend data and the school district student enrollment data. A school board is precluded from siting a new school in a jurisdiction where the school board has failed to provide the annual educational facilities plan for the prior year required pursuant to s. 101 3,35 unless the failure is corrected. (IO) The location of educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body developed under part II of chapter 163 and consistent with the plan's implementing land development regulations. (I I) To improve coordination relative to potential educational facility sites, a board shall provide wn'tten notice to the local government that has regulatory authority over the use of the land consistent with an interlocal agreement entered pursuant to subsections (2)-(8) at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility. The Local government, upon receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to subsection (12). (12) As early in the design phase as feasible and consistent with an interlocal agreement entered pursuant to subsections (2)-(8), but no later than 90 days before commencing construction, the district school board shall in writing request a determination of consistency with the local government's comprehensive plan. The local governing body that regulates the use of land shall determine, in writing within 45 days after receiving the necessary information and a school board's request for a determination, whether a proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and further local government approvals are not required, except as provided in this section. Failure of the local governing body to make a determination in writing within 90 days after a district school board's request for a determination of consistency shall be considered an approval of the district school board's application. Campus master plans and development agreements must comply with the provisions of 5s. 1013.30 and 1 01-3.6 3. (13) A local governing body may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the appllcation but it may impose reasonable development standards and conditions in accordance with s. 1013.51 (1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement required by subsections (2)-(8). (14) This section does not prohibit a local governing body and district school board from agreeing and establishing an alternative process for reviewing a proposed educational facility and site plan, and offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections (2) - (8). (15) Existing schools shall be considered consistent with the applicable local government comprehensive plan adopted under part I1 of chapter 163. If a board submits an application to expand an existing school site, the local governing body may impose reasonable development standards and conditions on the expansion only, and in a manner consistent with s. 1013.51 (1). Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed. Local government review or approval is not required for: (a) The placement of temporary or portable classroom facilities; or (b) Proposed renovation or construction on existing school sites, with the exception of construction that changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal agreement adopted in accordance with subsections (2)- (8). Histow.--s. 23, ch. 2002.296; S. 828, Ch. 2002-387; S. 129, ch. 2003-1; S. 18, ch. 2005-290. http://www. flsenate.gov/Statutdindex. cfm?mode=View?h20Statutes& SubMenu= 1 &App-. . . 1 U3/2007 Statutes & Constitution :View Statutes : flsenate.gov Page 5 of 5 Site Map Session: Bills . Calendars . Journals . Citator . Search . Appropriations. Redistrictinq . BiN hformation Reports Committees: Committee Pages . Committee Publications Senators: President’s Page. Member Pages . District Information . Find Your Legislators Information Center: Introduction . About the Legislature . Publications . Glossary . Help . Employment . Links Statutes 8 Constitution: Introduction . View Statutes . Search Statutes . Constitution Laws of Florida 1 Order Video Broadcasts Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 0 2000-2007 State of Florida. Prlvacy Statement. 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". , ~MCMAHON TO FROM McMAHON ASSOCIATES, INC. 6360 NW 5" Way I Suite 301 I Fort Lauderdale, FL 33309 www. mcmtrans.com p 954-771-0776 I f 954-771-1754 TECHNICAL MEMORANDUM Jim Orth, P.E., Assistant City Engineer City of Palm Beach Gardens John P. Kim, P.E., PTOE Senior Project Manager McMahon Associates, Inc. PRINCIPALS Joseph W. Whon, P.E. Rodney P. Plourde, Ph.D., P.E. Joseph J. DeSantis, P.E., PTOE John S. DePalma William T. Steffens ASSOCIATES Casey A. Moore, P.E. Gary R. McNaughton, P.E., PTOE John J. Mitchell, P.E. Christopher J. Williams, P.E. John F. Yacapsin, P.E. SUBJECT: Palm Beach Gardens Elementary School Traffic Circulation McMahon Project No. M05159.56 DATE: July 13,2007 McMahon Associates, Inc. (McMahon) has reviewed the site plan prepared by PGAL Architects that were last revised on May 14, 2007. The project proposes an expansion of the school that would permit an increase of the student enrollment from a maximum of 658 students to a maximum of 1,006 students. McMahon's review of the site plan has sufficiently addressed the comments regarding the potential queuing issues associated with the parent drop-off/pick-up areas and the bus loop. The project can be approved for traffic concurrency, but should include the following conditions: A northbound right-turn lane & southbound left-turn lane on Riverside Drive that services the northwest driveway of the school and a northbound left-turn lane on Ironwood Drive that services the northeast driveway must be bonded for construction prior to the issuance of a building permit for the proposed expansion. The improvements must be completed and opened to traffic prior to the issuance of a certificate of occupancy for the school. The school will be required to provide traffic control personnel at the City's request or whenever the need for traffic control becomes evident to the City or law enforcement. The school must provide a plan that will ensure that double stacking of vehicles will be implemented along the parent drop-off/pick-up driveway between Riverside Drive and the beginning of the actual drop-off/pick-up area. Double stacking will not be permitted along the entire parent drop-off/pick-up driveway. The traffic concurrency reservation for this project is valid until December 31,2010. Please contact me with any questions you may have concerning this review. F:\FL\O5159m\~159m-56 -PBG Elem !khool\Admin\PBG Elem school TrafficCirculation On307.doc MA Boston PA Fort Washington I Exton 1 Mechanicsburg N] Yardville FL Palm Beach Gardens I Fort Lauderdale 1 Fort Myers I Miami CELEBRATING 30 YEARS OF EXCELLENCE Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www.pbcgov.com Palm Beach County mard of County Commissioners Addie L. Greene. Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson . Countg Administrator Robert Weisrnan *An Equd Opportunity Amative Action Employer” November 8,2006 Ms. Judy A. T. Dye Assistant City Engineer City of Palm Beach Gardens - LBFH Inc. 3550 S.W. Corporate Pkwy. I Palm City, FL 34990 RE: Palm Beach Gardens Elementary School Expansion TRAFFIC PERFORMANCE STANDARDS REVIEW I Dear Judy: The Palm Beach County Traffic Division has reviewed the traffic study ,Jr the proposed school project entitled; Palm Beack Ga:dens Eternentary Sciiool Expansion, pirrsirarit to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Municipality: PCN #: Existing Uses: Proposed Uses: New Daily Trips: New PH Trips: Buildsut: North side of Holy Drive, just east of Riverside Drive. Palm Beach Gardens. Elementary School for 658 Students Addition of 348 Students 355 105 AM and 91 PM 2010 52-43-42-07-00-000-5050. Based on our review, the Traffic Division has determined that the proposed school expansion project meets the Traffic Performance Standards of Palm Beach County. It is however suggested for the consultant to conduct a peak hour traffic operations analysis for both school opening and closure periods. Thisanalysis should include evaluation of adequacy of the existing vehicle storage at the dropoff/pick-up areas, using existing plus newly forecasted trips, and application of a PHF of 0.5. No building permits are to be issued by the City, after the build-out date, specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding the above comments, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER Masoud Atefi, MW TPS Administrato CC: PTC Inc. File: General - TPS Mun. Traffic Study Review F:\TRAFFIC\ma\Admin\pprovals\O6~ 022.doc nicipalities - Traffic Division @ printed on recycled paper 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 Date Prepared: November 26, 2007 RESOLUTION 131, 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AND A LAND, GENERALLY LOCATED AT THE NORTHEAST CORNER OF HOLLY DRIVE AND RIVERSIDE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE “PALM BEACH GARDENS ELEMENTARY SCHOOL”; ALLOWING THE REDEVELOPMENT OF THE EXISTING ELEMENTARY SCHOOL; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. MAJOR CONDITIONAL USE FOR THE 11.44-ACRE PARCEL OF WHEREAS, the City has received Petition CUMJ 06-12-000008, a request for a major conditional use and site plan approval to allow the demolition of the existing elementary school and the construction of a school facility on the 11.44-acre site, generally located at the northeast corner of Holly Drive and Riverside Drive, as more particularly described herein, to be referred to as “Palm Beach Gardens Elementary School”; and WHEREAS, the subject site has a land-use designation of Public (P) and a Public or Institutional (PI) zoning classification with a Conditional Use overlay; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application at a public hearing at its July 24, 2007, meeting and voted 7-0 to recommend its approval to the City Council; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: November 26, 2007 Resolution 131, 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 SECTION 2. Petition CUMJ 06-12-000008 is hereby APPROVED on the following described real property to allow the redevelopment of an existing elementary school, generally located at the northeast corner of Holly Drive and Riverside Drive, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: PALM BEACH GARDENS ELEMENTARY SCHOOL A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 7 WITH THE CENTERLINE OF THE RIGHT-OF-WAY OF qTH AVENUE (NOW RIVERSIDE DRIVE), AS SHOWN ON PLAT NO. 1, PALM BEACH GARDENS ESTATES, RECORDED IN PLAT BOOK 26, PAGES 188 AND 189, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTHERLY, ALONG OF qTH AVENUE, A DISTANCE OF 640 FEET; THENCE EASTERLY, PARALLEL TO THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 609.91 FEET, MORE OR LESS, TO A POINT IN A LINE PARALLEL TO AND 50 FEET WESTERLY FROM THE FLORIDA EAST COAST RAILWAY; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 705.18 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO SAID PARLLEL LINE A DISTANCE OF 161.37 FEET, MORE OR LESS, TO A POINT IN THE SOUTH LINE OF SAID SECTION 7; THENCE WESTERLY, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 947.15 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. THE NORTHERLY EXTENSION OF SAID CENTER LINE OF THE RIGHT-OF-WAY (MEASURED AT RIGHT ANGLES TO) THE WESTERLY RIGHT-OF-WAY LINE OF SUBJECT TO AN EASEMENT FOR ROAD RIGHT-OF-WAY PURPOSES OVER THE SOUTHERLY 40 FEET AND OVER THE WESTERLY 30 FEET THEREOF AND TO AN EASEMENT FOR DRAINAGE PURPOSES OVER A STRIP OF LAND 12 FEET IN WIDTH BETWEEN PARALLEL LINES; THE EASTERLY LINE OF SAID EASEMENT BEING PARALLEL TO AND 50 FEET WESTERLY FROM (MEASURED AT RIGHT COAST RAILWAY. ANGLES TO) THE WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 11.44 ACRES, MORE OR LESS. AND RECORDED IN O.R.B. 747, PAGES 258 AND 259. AND LESS THE FOLLOWING PARCEL DESCRIBED IN RIGHT-OF-WAY DEED RECORDED IN O.R.B. 1019, PAGE 578. 2 Date Prepared: November 26, 2007 Resolution 131. 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 A PARCEL OF LAND (BEING AN EASEMENT FOR ROAD PURPOSES) IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF THE SOUTH 640 FEET OF SAID SECTION 7 WITH A LINE PARALLEL TO AND 50 FEET WESTERLY FROM, MEASURED AT RIGHT ANGLES TO, THE WESTERLY RIGHT- OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE SOUTHEASTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 705.18 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE PRECEDING COURSE, A DISTANCE OF 161.37 FEET, MORE OR LESS TO A POINT IN THE SOUTH LINE OF SAID SECTION 7; THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID SECTION 7 A DISTANCE OF 92.06 FEET, MORE OR LESS, TO A POINT IN A LINE PARALLEL TO AND 60 FEET NORTHWESTERLY FROM, MEASURED AT RIGHT ANGLES TO, THE SOUTHWESTERLY EXTENSION OF THE IMMEDIATELY ABOVE DESCRIBED COURSE; THENCE NORTHEASTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 171 .I 9 FEET, MORE OR LESS, TO A POINT IN A LINE PARALLEL TO AND 110 FEET WESTERLY FROM, MEASURED AT RIGHT ANGLES TO, SAID THENCE NORTHWESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 696.74 FEET, MORE OR LESS, TO A POINT IN SAID NORTH LINE OF THE SOUTH 640 FEET OF SAID SECTION 7; THENCE EASTERLY, ALONG SAID NORTH LINE A DISTANCE OF 79.1 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THE ABOVE DESCRIBED PARCEL (BEING AN EASEMENT FOR ROAD PURPOSES) CONTAINS 1 .I 9 ACRES. SAID LANDS SITUATE WITHIN THE CITY OF PALM BEACH GARDENS, FLORIDA. SECTION 3. This approval is subject to the following conditions of approval, which shall be the responsibility of the Applicant, its successors, or assigns: Planninq and Zoning I. The color palette for Palm Beach Gardens Elementary shall be consistent with the earth tones approved for the Palm Beach Gardens High School. More specifically, the Applicant shall modify the bright blue and orange accent colors to be consistent with the high school application approved by City Council. 2. Concurrent with the site plan approval and prior to initiation of construction, the Applicant shall install a six-foot-tall construction fence with a privacy tarp around the entire property line. (Planning & Zoning) 3 Date Prepared: November 26, 2007 Resolution 131, 2007 1 2 3 4 5 4. The Applicant shall coordinate and receive approval from the Growth 6 7 8 Engineering 3. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. All vehicular construction activities shall use a construction access off of Riverside Drive. Management Administrator prior to the closing of any public sidewalk. 9 10 5. 11 12 13 14 15 16 17 18 19 6. 20 21 22 23 24 25 26 27 7. 28 29 30 31 8. 32 33 34 9. 35 36 37 IO. 38 39 40 41 42 43 44 45 46 Prior to the occupation of the school, the Applicant shall provide the City with the necessary monies (to be held in escrow) to conduct a Traffic Operations Analysis. If the analysis indicates that a northbound left-turn lane on Ironwood Drive is warranted, the Applicant shall design, engineer, and construct the lane prior to the opening of the school for school year 2009/2010. In the event that the Applicant fails to complete the turn lane by the start of the 2009/2010 school year, the Applicant shall be in violation of this development order. (City Engineer) Prior to the occupation of the school, the Applicant shall extend the northbound right-turn lane at the intersection of Riverside Drive and Driveway #I. The lane shall be 400 feet in length, as measured from the centerline of Driveway #I , and shall have an additional 50-foot taper per the City Engineer’s specifications. In the event that the Applicant fails to complete the turn lanes by the start of the 2008/2009 school year, the Applicant shall be in violation of this development order. (City Engineer) The School District shall cooperate with the City if the City should ever need to enhance the current traffic operations along Riverside Drive to deter southbound left-turn movements into the school site. (City Engineer) The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (City Engineer) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to the occupation of the school, the Applicant shall provide a boundary plat of the site to the City for review and approval. The plat should include all existing and proposed easements and like encumbrances, in accordance with LDR Section 78-446, for City Council approval. In the event that the Applicant fails to satisfy this condition prior to the occupation of the school, the Applicant shall be in violation of this development order. (City Engineer, Planning & Zoning) 4 Date Prepared: November 26, 2007 Resolution 131, 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 11. The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of the surrounding areas. If at any time during the project development it is determined by the South Florida Water Management District that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 12. The Applicant shall provide a letter of authorization from the utility easement owners authorizing encroachment of the landscape buffers within their respective utility easements. (City Engineer) 13. The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division equivalency and concurrency approval letters. (City Engineer) 14. The Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) M isce I I aneous 15. The Applicant shall notify the City’s Public Works Division at least ten working days prior to the commencement of any worklconstruction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a City right-of-way, the applicant has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop-Work Order of all workkonstruction activity within the public right-of- way and the subject development site. (Public Works) SECTION 5. This property shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Sheets AI .OO through AI. IO: Site Plans, prepared by PGAL, dated July 26, 2006, and last revised on April 30, 2007; dated and stamped by the Planning and Zoning Division on May 24, 2007. 2. Sheets L1.0 through L2.4: Landscape Plans, prepared by Curtis Rogers Design Studio, Inc., dated July 26, 2006, and last revised on April 30, 2007; dated and stamped by the Planning and Zoning Division on May 24, 2007. 3. Sheet A2.01 through A2.03: Architectural Floor Plans and Elevations, prepared by PGAL, dated July 26, 2006, and dated and stamped by the Planning and Zoning Division on May 24, 2007. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: November 26, 2007 Resolution 131, 2007 SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 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 FFlCl ENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT --- MAYOR RUSSO --- VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- G:\attorney-share\RESOLUTlONS\pbg elementary - reso 131 2007.doc 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 26,2007 Meeting Date: December 20,2007 Resolution 132, 2007 SUBJECT/AGENDA ITEM Resolution 132,2007: Redevelopment of Allamanda Elementary School Public Hearing and Consideration for Approval: A request by the School District of Palm Beach County for a Major Conditional Use Overlay to allow the demolition of the existing elementary school and the construction of a new single story educational facility, on the 14.9-acre Allamanda Elementary School site, generally located at the southwest comer of the intersection of Allamanda Lane and Nogal Circle. [XI Recommendation to APPROVE. [ ] Recommendation to DENY Reviewed by: originatins Dept.: City Attorney [XI Quasi - J~dicial Development [ ]Legislative [XI Public Hearing Bahareh Keshavan;-W~lf~. AICP Date: 12/5/2007 Paper: Palm Beach Post Finance: Finance Administrator: Allan Owens NIA- Building Accountant: BY___ N/A K. Labossiere Feespaid: PIA] Date: Budget Acct.#: NIA City council Action: [ IAPPrOVed [ 3 App. wl conditions [ ]Denied [ ]Rec.approval [ ] Rec. app. wl conds. [ ]Rec.Denial Attachments: 0 PBPost Ad 0 Conditional Use Criteria Analysis 0 Section 1013.33 (F.S.) 0 Site Plan LandscapePlan 0 Elevations 0 Tri-Party Agreement 0 Resolution 132,2007 [ ]Continuedto: Date Prepared: November 26,2007 Meeting Date: December 20,2007 Resolution 132,2007 Page 2 of 7 EXECUTIVE SUMMARY The existing site is a 14.9-acre parcel (to be referred to as the “Allamanda Elementary School”) at the southwest corner of Allamanda Lane and Nogal Circle. The applicant is requesting a site plan and a Major Conditional Use to allow for the redevelopment of the existing elementary school. This subject petition includes the demolition of the existing structures and the construction of four new interconnected buildings, totaling 122,496 square-feet. The Planning, Zoning and Appeals Board reviewed the subject petition on July 10, 2007, and unanimously recommended approval to the City Council. Staff recommends approval of Resolution 132,2007. BACKGROUND In 1963, the MacArthur Foundation dedicated the subject property to the Board of Public Instruction of Palm Beach County, which constructed the existing elementary school in 1964. The existing school is 70,323 sf in size (excluding corridors), and has a current enrollment of 695 students. The School District of Palm Beach County (the “District”) is proposing to demolish the existing elementary school and construct a new education facility consisting of 4 interconnected buildings totaling 122,497 square feet, which will serve as the new Allamanda Elementary School. The proposed school will have a program capacity (student stations) of 745. The property is 14.9 acres in size, and is located at the southwest corner of Allamanda Lane and Nogal Circle. LAND USE AND ZONING The subject site has a Public (P) future land-use designation and a zoning designation of Public or Institutional (PI). 2005 FLORIDA STATUTES In accordance with Section 101 3.33, Florida Statutes (F.S.), entitled Coordination of planning (Educational facilities) with local governing bodies (attached), the District is required to request a determination from the City that a site plan for a proposed educational facility is consistent with the City’s Comprehensive Plan. The City shall determine, in writing within 45 days after receiving the necessary information and the school board’s request for a determination, whether the proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and further City approvals are not required, except as provided in Section 1013.33, F.S. Failure of the City to make a determination in writing within 90 days after the District’s request for a determination of consistency shall be considered an approval of the District’s application. Further, the City may not deny the site application based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan’s land use policies and categories in which public schools are identified as allowable uses, the City may not deny the application. The City may only consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in Section 1013, F.S., or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement required by Section 1013.33, F.S. CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN Future Land Use Element The following are policies set forth in the Future Land Use element of the City’s Comprehensive Plan relating to school facilities with which the proposed site plan for the School is consistent: Policy 1.1.1.7.: The City shall ensure the availability for suitable land for public and institutional uses necessary to support development by: ***** (Policy 1.1.1.7. continued) 2. Allowing public/institutional uses in certain land-use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: ***** (c) Public/Institutional Uses shall be limited in intensity to maximum lot coverage of 40% of the site and a maximum building height of 50 feet. Staff Comments: The proposed School has maximum lot coverage of 19.5% of the site and a maximum building height of 34’ - 6” to the tallest point. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land-use category (RR20, RR10, RVL, RL, RM, RH). Further, schools shall be considered public/institutional uses and be allowable within areas designated Industrial (IND) and Public (P) on the Future Land Use Map. Staff Comments: The subject site has a Public (P) future land-use designation. (e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed public/institutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Staff Comments: The proposed site plan incorporates a 487‘ front setback adjacent to Allamanda Lane, a 25’ side setback from the western property line, a 42’ rear setback from the southern property line, and a 93’ side setback from the eastern property line. The applicant has met the plan requirements by designing an approximately 380’ deep conservation area along the northern property line, a 15’ landscape buffer along the east property line, a 25’ landscape buffer along the southern property line, and a 8’ landscape buffer along the western property line. Date Prepared: November 26,2007 Meeting Date: December 20,2007 Resolution 132,2007 Page 3 of 7 Date Prepared: November 26,2007 Meeting Date: December 20,2007 Resolution 132,2007 Page 4 of 7 Public School Facilities Element The following are policies set forth in the City’s Public School Facilities element of the Comprehensive Plan relating to the siting and development review process for public school facilities, with which the proposed site plan for the School is consistent: Objective 1 1.1.4.: To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy 1 1.1.4.1 : The City of Palm Beach Gardens shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Staff Comments: Staff has made every attempt to expeditiously review the District’s development proposal in accordance with the City’s LDRs to ensure the integration of the School facility with surrounding land uses. Policy 1 1.1.4.2: There shall be no significant environmental conditions and significant historical resources on a proposed site that cannot be mitigated or otherwise preclude development of the site for a public educational facility. Staff Comments: environmental resources on site. No historical resources exist on site. Staff has determined that the proposed site plan poses no threats to the Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Staff Comments: The District has indicated that all necessary development permits have already been acquired. CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS Section 78-1 59 of the City’s LDRs, entitled Permitted uses, conditional, and prohibited uses, requires “Schools, Public and Private,” to be granted conditional use approval by the City Council. Demonstration of the project’s compliance with the City’s conditional use criteria established in Section 78-52 is attached hereto. PROJECT DETAILS Overview The District is proposing a 122,496 square-foot elementary school on the existing 14.9-acre Allamanda Elementary School site. The school consists of four (4) interconnected buildings. In addition, the site Date Prepand November 26,2007 Meeting Date: December 20,2007 Resolution ~2,2007 Page 5 of 7 Type of Parking Facultv & Staff plan incorporates sports fields for basketball, soccer, and baseball, 3 playgrounds, and a conservation area containing an existing retention pond. Required Provided 120 128 Traffic Concurrency Currently, Allamanda Elementary School has 521 students enrolled, but has capacity for up to 695 students. The new school design will increase capacity at the school from 695 students to 745 students in the program capacity (student stations), and 964 students in the core facilities (hture expansion). The applicant has provided a Traffic Concurrency Impact Analysis, and the City’s Traffic Consultant has performed a coordinated review with the Palm Beach County Traffic Division. The City’s Traffic Consultant has indicated they will be issuing concurrency approval conditioned upon the installation of a westbound turn lane on Allamanda Lane. Therefore, staff has provided a condition of approval providing that, if required by the County, the Applicant shall construct a westbound, left turn lane into the school site at the central main entrance prior to the opening of school. Visitors 1 per 100 (940 Core STU ETA) Total Access and Traffic Circulation Currently, vehicular access is provided to the elementary school via a driveway connection off of Allamanda Lane along the west property line, and bus traffic is provided via Nogal Circle on the east side of the property. The applicant is proposing to redesign the site to provide parent drop off and visitor access via a new connection from Nogal Circle to a new “eastern” parking lot and drop off loop on the site. In addition, the applicant is providing another new connection between the eastern parking lot and Allamanda Lane. Lastly, the applicant is proposing to maintain the existing connection fi-om Allamanda Lane along the western side of the property, which will serve as a bus drop off loop, and access to a “western” parking lot for visitors and sta. City staff has encouraged the applicant to look at all means available to provide as much stacking as possible on site. In fbrtherance thereof, staff has requested the applicant provide an Operational Analysis of the traffic flows. 10 10 140 148 In addition to the subject petition, the applicant has applied for a right-of-way permit for constructing a driveway connection from Nogal Circle to the eastern parking lot, and for a driveway connection from the eastern parking lot to Allamanda Lane. Parking Parking requirements for schools are established by Chapter 423 of the Florida Building Code. Specifically, the proposed elementary school is required to provide 140 parking spaces, and has provided a total of 148 spaces. (See table below.) I Servicestaff I10 I 10 Landscaping The School District is limited in the amount of landscaping they can provide by State mandated requirements for Crime Prevention Through Environmental Design (CEPTD). Therefore, the District Date Prepared: November 26,2007 Meeting Dak Lkember 20,2007 Resolution 13% 2007 Page 6 of 7 has worked with the City Forester in order to come up with a landscape plan that addresses the City’s major concerns and maintains the safety standards and budgetary constraints of the District. Common species proposed on the landscape plan include Live Oak, Cabbage Palm, Foxtail Palms, Buttonwoods, etc. Lighting The District will be providing lighting around each building and the parking lots. The District has provided a photometric plan which indicates the lighting will meet Palm Beach County lighting requirements, which are compatible with the City’s lighting regulations. Architecture The District is proposing a style of architecture which is Modem in flavor, and is consistent with other schools within the City. The construction type is “tilt-up”, and the building includes such features as metal shading, smooth and dark finish combinations, and aluminum detailing. In addition, the applicant has provided additional articulation through the use of color, integrated rain gutters, and a flat roof for the building. DEVELOPMENT REVIEW COMMITTEE The City’s Development Review Committee performed a review of the project and provided comments and conditions of approval. PUBLIC NOTICE Tn accordance with Section 78-54 of the City’s Land Development Regulations, entitled Public Notice, the City sent notice of this public hearing via US mail to all property owners within 500 feet of the site, and the City staff has posted the property. Staff has scheduled the petition for a public hearing for this meeting. PUBLIC WORKSHOP A public workshop for the subject petition was held on June 26,2007. At the meeting, members of the public asked questions of the School District regarding landscaping, traffic patterns, ingresdegress points, mitigating construction noise and dust, and lighting. The District responded by stating the impacts to the ecological education area will be minimized, and the new driveway through the ecological education area will be landscaped. The District also indicated the property would be surrounded by dust screens during demolition and construction, and that all construction activities would occur within the hours permitted by the City for construction. Lastly, the District indicated all lighting would be low level security lights, and they would not be in operation after hours. PLANNING, ZONING. AND APPEALS BOARD At the July 10, 2007 meeting, the Planning, Zoning and Appeals Board unanimously voted (7-0) to recommend approval of the subject petition to the City Council. Date Prepared: November 26,2007 Meeting Date: December 20,2007 Resolution 132,2007 Page 7 of 7 STAFF RECOMMENDATION In accordance with the aforementioned Florida Statutes, staff has reviewed the proposed site plan and considered its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Staff has determined that the proposed site plan does not raise any environmental concerns; it ensures the health, safety and welfare of the students and faculty on the school campus, as well as that of the surrounding residents and visitors to the site; it minimizes negative effects on adjacent properties; and it is consistent with the City’s Comprehensive Plan, as stated herein. Therefore, staff recommends APPROVAL of Resolution 132, 2007, subject to the conditions of approval contained therein. CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on December 20, 2007, at 7:OO p.m., or as soon thereafter as can be heard, at the City Hall Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: RESOLUTION 132,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE ACRE PARCEL OF LAND, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF ALLAMANDA LANE AND NOGAL CIRCLE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE “ALLAMANDA ELEMENTARY SCHOOL”; ALLOWING THE REDEVELOPMENT OF THE EXISTING ELEMENTARY SCHOOL; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. PLAN AND A MAJOR CONDITIONAL USE FOR THE 14.9- 8 i All members of the public are invited to attend and participate in this public hearing. All documents pertaining to this Resolution may be inspected by the public in the Growth Management Department (561 -799-4243) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for holidays. 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). Patricia Snider, CMC, City Clerk Publication Date: Wednesday] December 5, 2007 Date Prepared: November 20, 2007 Meeting Date: December 20, 2007 CONDITIONAL USE ANALYSIS City of Palm Beach Gardens LDR Section 78-52 (I) Comprehensive plan. The proposed use is consistent with the comprehensive plan. StaffAnalusis: As demonstrated in the staff report for this petition, staff has determined that the proposed school is consistent with the City’s Comprehensive Plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. Staff Analusis: Section 78-159 of the City’s LDR’s, entitled Permitted uses, conditional, and prohibited uses, requires “Schools, Public and Private,’’ located within a Public or Institutional (PI) zoning district to acquire Major Conditional Use approval from the City Council. The subject property has an underlying zoning of PI; therefore, staff has requested the application be processed as a Major Conditional Use. The proposed development plans are generally consistent with the requirements of the City’s Land Development Regulations. (3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. StaffAnalusis: The proposed use is consistent with the additional standards provided in Section 78-1590’). (4) Public welfare. safety, and welfare by: The proposed use provides for the public health, a. Providing for a safe and effective means of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; c. Providing for an adequate roadway system adjacent to and front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and e. Providing adequate access for public safety purposes, including fire and police protection. Date Prepared: November 20,2007 Meeting Date: December 20,2007 Conditional Use Analysis Allamanda Elementary School Page 2 of3 StaffAnaZUsis: Staff has determined that the proposed use provides for the aforesaid standards and, therefore, provides for the public health, safety, and welfare. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: a. Noise; b. Glare; C. Odor; d. Ground-, wall-, or roof-mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs; g. Waste disposal and recycling; h. Outdoor storage of merchandise and vehicles; 1. Visual impact; and j. Hours of operation. Staff Analysis: As provided in the staff report, City staff has continually urged the District to make every attempt to minimize the negative impacts of the project on the adjacent properties, including the issues listed above. In response, the District has identified specific construction and design practices they will be implementing to ensure the impacts on surrounding properties will be minimized. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. Staff Analysis: As provided in the staff report, the District has made every attempt to minimize the negative impacts of the project on the adjacent properties. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. Date Prepared: November 20, 2007 Meeting Date: December 20, 2007 Conditional Use Analysis Allamanda Elementary School Page 3 of 3 Staff Analusis: The proposed site plan is generally consistent with the requirements of this chapter. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. StaffAnalysis: N/A (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. StaffAnalusis: The site has functioned as a school since 1964. Furthermore, the proposed design of the school site, in staffs opinion, is compatible with the surrounding areas. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. StaffAnalysis: As mentioned above, the site has operated as a high school since 1964. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. StaffAnalysis: Staff has reviewed the proposed use and found it to be in harmony with the intent of the City’s LDRs and the Goals, Objectives, and Policies of the Comprehensive Plan. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. Staff Analysis: As provided in the staff report, the District has made every attempt to minimize the negative impacts of the project on the adjacent properties. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. Staff Analusis: Staff has reviewed the proposed development plan and determined that there will be no adverse impacts on environmental and natural resources. Statutes & Constitution :View Statutes :->2006->Ch10 13->Secti The 2006 Florida Statutes Title XLVlll Chapter 101 3 View Entire Chapter K-20 EDUCATION CODE EDUCATIONAL FACILITIES 101 3.33 Coordination of planning with local governing bodies. -- (I) It is the policy of this state to require the coordination of planning between boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services. Such planning shall include the integration of the educational facilities plan and applicable policies and procedures of a board with the local comprehensive plan and land development regulations of local governments. The planning must include the consideration of allowing students to attend the school located nearest their homes when a new housing development is constructed near a county boundary and it is more feasible to transport the students a short distance to an existing facility in an adjacent county than to construct a new facility or transport students longer distances in their county of residence. The planning must also consider the effects of the location of public education facilities, including the feasibility of keeping central city facilities viable, in order to encourage central city redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl. In addition, all parties to the planning process must consult with state and local road departments to assist in implementing the Safe Paths to Schools program administered by the Department of Transportation. (2)(a) The school board, county, and nonexempt municipalities located within the geographic area of a school district shall enter into an interlocal agreement that jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated. The interlocal agreements shall be submitted to the state land planning agency and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a schedule published by the state land planning agency. (b) The schedule must establish staggered due dates for submission of interlocal agreements that are executed by both the local government and district school board, commencing on March 1, 2003, and concluding by December 1, 2004, and must set the same date for all governmental entities within a school district. However, if the county where the school district is located contains more than 20 municipalities, the state Land planning agency may establish staggered due dates for the submission of interlocal agreements by these municipalities. The schedule must begin with those areas where both the number of districtwide capital-outlay full-time-equivalent students equals 80 percent or more of the current year's school capacity and the projected 5-year student growth rate is 1,000 or greater, or where the projected 5-year student growth rate is 10 percent or greater. Statutes & Constitution :View Statutes :->2006->ChlOl3->Section 33 : Online Sunshine Page 2 of 6 (c) If the student population has declined over the 5-year period preceding the due date for submittal of an interlocal agreenient by the local government and the district school board, the local government and district school board may petition the state land planning agency for a waiver of one or more of the requirements of subsection (3). The waiver must be granted if the procedures called for in subsection (3) are unnecessary because of the school district's declining school age population, considering the district's 5-year work program prepared pursuant to s. 1013.35. The state land planning agency may modify or revoke the waiver upon a finding that the conditions upon which the waiver was granted no longer exist. The district school board and local governments must submit an interlocal agreement within 1 year after notification by the state land planning agency that the conditions for a waiver no longer exist. (d) lnterlocal agreements between local governments and district school boards adopted pursuant to s. 163.3177 before the effective date of subsections (2)-(9) must be updated and executed pursuant to the requirements of subsections (2)-(9), if necessary. Amendments to interlocal agreements adopted pursuant to subsections (2)-(9) must be submitted to the state land planning agency within 30 days after execution by the parties for review consistent with subsections (3) and (4). Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement in which all join as parties. The state land planning agency shall assemble and make available model interlocal agreements meeting the requirements of subsections (2)-(9) and shall notify local governments and, jointly with the Department of Education, the district school boards of the requirements of subsections (2)-(9), the dates for compliance, and the sanctions for noncompliance. The state land planning agency shall be available to informally review proposed interlocal agreements. If the state land planning agency has not received a proposed interlocal agreement for informal review, the state land planning agency shall, at least 60 days before the deadline for submission of the executed agreement, renotify the local government and the district school board of the upcoming deadline and the potential for sanctions. (3) At a minimum, the interlocal agreement must address interlocal agreement requirements in s. 163.3180(13)(9), except for exempt local governments as provided in s. 163.3177(12), and must address the following issues: (a) A process by which each local government and the district school board agree and base their plans on consistent projections of the amount, type, and distribution of population growth and student enrollment. The geographic distribution of jurisdiction-wide growth forecasts is a major objective of the process. (b) A process to coordinate and share information relating to existing and planned public school facilities, including school renovations and closures, and local government plans for development and redevelopment. (c) Participation by affected local Qovernments with the district school board in the process of evaluating potential school closures, significant renovations to existing schools, and new school site selection before land acquisition. Local governments shall advise the district school board as to the consistency of the proposed closure, renovation, or new site with the local comprehensive plan, t http://www.leg..state.fl.us/Statutes/index.cfm?Arm mode=Disulav StatuteMearch String.= ... 7/3/2007 Statutes & Constitution :View Statutes :->2006->Ch1013->Section 33 : Online Sunshine Page 3 of 6 including appropriate circumstances and criteria under which a district school board may request an amendment to the comprehensive plan for school sitinz. (d) A process for determining the need for and timing of onsite and offsite improvements to support new construction, proposed expansion, or redevelopment of existing schools. The process shall address identification of the party or parties responsible for the improvements. (e) A process for the school board to inform the local government regarding the effect of comprehensive plan amendments on school capacity. The capacity reporting must be consistent with laws and rules regarding measurement of school facility capacity and must also identify how the district school board will meet the public school demand based on the facilities work program adopted pursuant to s. 1013.35. (f) Participation of the local governments in the preparation of the annual update to the school boards 5-year district facilities work program and educational plant survey prepared pursuant to s. 101 3.35. (g) A process for determining where and how joint use of either school board or local government facilities can be shared for mutual benefit and efficiency. (h) A procedure for the resolution of disputes between the district school board and local governments, which may include the dispute resolution processes contained in chapters 164 and 186. (i) An oversight process, including an opportunity for public participation, for the implementation of the interlocal agreement. (4)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any comments or concerns regarding the executed interlocal agreement to the state land planning agency within 30 days after receipt of the executed interlocal agreement. The state land planning agency shall review the executed interlocal agreement to determine whether it is consistent with the requirements of subsection (3), the adopted local government comprehensive plan, and other requirements of law. Within 60 days after receipt of an executed interlocal agreement, the state land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall post a copy of the notice on the agency's Internet site. The notice of intent must state that the interlocal agreement is consistent or inconsistent with the requirements of subsection (3) and this subsection as appropriate. (b) The state land planning agency's notice is subject to challenge under chapter 120; however, an affected person, as defined in s. 163.3184(1)(a), has standing to initiate the administrative proceeding, and this proceeding is the sole means available to challenge the consistency of an interlocal agreement required by this section with the criteria contained in subsection (3) and this subsection. In order to have standing, each person must have submitted oral or written comments, recommendations, or objections to the local government or the school board before the adoption of the interlocal agreement by the district school board and local government. The district school board and local governments are parties to any such proceeding. In this proceeding, when the state land planning agency finds the interlocal agreement to be consistent with the criteria in subsection (3) and this subsection, the '\ http://www. 1eg.state.fl .us/Statutes/index. cfm?Auu mode=Di snl av Stat1 It& Smrch Stri n u= 711 13nn7 i Statutes & Constitution :View Statutes :->2006->Ch1013->Section 33 : Online Sunshine Page 4 of 6 interlocal agreement must be determined to be consistent with subsection (3) and this subsection if the local government's and school board's determination of consistency is fairly debatable. When the state land planning agency finds the interlocal agreement to be inconsistent with the requirements of subsection (3) and this subsection, the local government's and school board's determination of consistency shall be sustained unless it is shown by a preponderance of the evidence that the interlocal agreement is inconsistent. (c) If the state land planning agency enters a final order that finds that the interlocal agreement is inconsistent with the requirements of subsection (3) or this subsection, the state land planning agency shall forward it to the Administration Commission, which may impose sanctions against the local government pursuant to s. 163.3184(11) and may impose sanctions against the district school board by directing the Department of Education to withhold an equivalent amount of funds for school construction available pursuant to 5s. 1013.65, 1013.68, 1013.70, and 1013.72. (5) If an executed interlocal agreement is not timely submitted to the state land planning agency for review, the state land planning agency shall, within 15 working days after the deadline for submittal, issue to the local government and the district school board a notice to show cause why sanctions should not be imposed for failure to submit an executed interlocal agreement by the deadline established by the agency. The agency shall forward the notice and the responses to the Administration Commission, which may enter a final order citing the failure to comply and imposing sanctions against the local government and district school board by directing the appropriate agencies to withhold at least 5 percent of state funds pursuant to s. 163.3184(11) and by directing the Department of Education to withhold from the district school board at least 5 percent of funds for school construction available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72. (6) Any local government transmitting a public school element to implement school concurrency pursuant to the requirements of s. 163.3180 before the effective date of this section is not required to amend the element or any interlocal agreement to conform with the provisions of subsections (2)-(8) if the element is adopted prior to or within 1 year after the effective date of subsections (2)-(8) and remains in effect. (7) Except as provided in subsection (8), municipalities meeting the exemption criteria in s. 163.3177 (12) are exempt from the requirements of subsections (2), (3), and (4). (8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the extent to which it continues to meet the criteria for exemption under s. 163.3177(12). If the municipality continues to meet these criteria, the municipality shall continue to be exempt from the interlocal agreement requirement. Each municipality exempt under s. 163.31 77(12) must comply with the provisions of subsections (2)-(8) within 1 year after the district school board proposes, in its 5-year district facilities work program, a new school within the municipality's jurisdiction. (9) A board and the local governing body must share and coordinate information related to existing and planned school facilities; proposals for development, redevelopment, or additional development; and infrastructure required to support the school facilities, concurrent with proposed development. A school hnD://www.leg.state.fl.us/Statutes/index.cfm?APD mode=Disdav Statute&Search Strinn= 7/3/2007 Statutes & Constitution :View Statutes :->2006->ChlO13->Section 33 : Online Sunshine Page 5 of 6 - ~~~ Statutes & Constitution :View Statutes :->2006->ChlO13->Section 33 : Online Sunshine Page 5 of 6 http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String;= ... 7/3/2007 board shall use information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216.1 36 when preparing the district educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local governments, when provided by interlocal agreement, and the Office of Educational Facilities and SMART Schools Clearinghouse, in consideration of local governments' population projections, to ensure that the district educational facilities plan not only reflects enrolltnent projections but also considers applicable municipal and county growth and development projections. The projections must be apportioned geographically with assistance from the local governments using local government trend data and the school district student enrollment data. A school board is precluded from siting a new school in a jurisdiction where the school board has failed to provide the annual educational facilities plan for the prior year required pursuant to s. 1013.35 unless the failure is corrected. (10) The location of educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body developed under part II of chapter 163 and consistent with the plan's implementing land development regulations. (1 1) To improve coordination relative to potential educational facility sites, a board shall provide written notice to the local government that has regulatory authority over the use of the land consistent with an interlocal agreement entered pursuant to subsections (2)-(8) at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility. The local government, upon receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to subsection (12). (12) As early in the design phase as feasible and consistent with an interlocal agreement entered pursuant to subsections (2)-(8), but no later than 90 days before commencing construction, the district school board shall in writing request a determination of consistency with the local government's comprehensive plan. The local governing body that regulates the use of land shall determine, in writing within 45 days after receiving the necessary information and a school boards request for a determination, whether a proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and further local government approvals are not required, except as provided in this section. Failure of the local governing body to make a determination in writing within 90 days after a district school boards request for a determination of consistency shall be considered an approval of the district school boards application. Campus master plans and development agreements must comply with the provisions of ss. 1013.30 and 1013.63. (13) A local governing body may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the application but it may impose reasonable development standards and conditions in accordance with s. 1013.51(1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may i http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String;= ... 7/3/2007 Statutes & Constitution :View Statutes :->2006->ChlO13->Section 33 : Online Sunshine Page 6 of 6 not be imposed which conflict with those established in this chapter.or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement required by subsections (2)-(8), (14) This section does not prohibit a local governing body and district school board from agreeing and establishing an alternative process for reviewing a proposed educational facility and site plan, and offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections (2)-(8). (1 5) Existing schools shall be considered consistent with the applicable local government comprehensive plan adopted under part II of chapter 163. If a board submits an application to expand an existing school site, the local governing body may impose reasonable development standards and conditions on the expansion only, and in a manner consistent with s. 1013.51 (1). Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed. Local government review or approval is not required for: (a) The placement of temporary or portable classroom facilities; or (b) Proposed renovation or construction on existing school sites, with the exception of construction that changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal agreement adopted in accordance with subsections (2)-(8). History.--s. 23, ch. 2002-296; s. 828, ch. 2002-387; s. 129, ch. 2003-1; s. 18, ch. 2005-290. , Copyright 0 1995-2006 The Florida Legislature Privacy Statement Contact Us i htt~://m.le~.state.fl.us/Statutes/index.cfm?Auu mode=Disdav Statute&Search Strinp= 7/3/313117 h i 1 i i i i 22 1% klg , 9EbZEb 39Vd 'SO MOO0 IVld 'an'd v cwvo VN3S 40 IVld i/ 5 I II- iI i I cc. " r A I 1 I I I I I 2 .I g I I - I I I I I I 1 I I I I I I I I I I I I I I I I I I I I 1 I 1 I I I I I I I I I I I I I I I I I I 1 I I I I I I I I 1 I I I I :j s-t I I --I I I VI 9 :: I I I I I I I I 1 I I ! I I I I ! I 1 I I I 1 I I I I I I 1 I I .~ 1 I ! 1 I I I I I I I r-- I1 IL 11 II II I1 II lr- I1 L-i ri It- lt- LJ iff a$ ?h ri I c- LJ / 1 - \ \ t d "I r- I I I I I I I I@ I I I I/ 11 1L 6 -4 b (D g f W :J G -. N x 2 r J A w i + +++ * I ,I I ! P 7-- -,---- E P A UUM YUM - 7 P r In I I I ? :I W TRI-PARTY AGREEMENT Di THIS TRI-PARTY AGREEMENT is made this 99 day of %4;7724, 7. 1989, between THE ENGLE GROUP, INC, , a Florida corporation, hereinafter referred to a6 llEnglen, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, hereinafter referred to as "The School Board", and the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as "The City". WHEREAS, Engle is the contract purchaser of approximately seventy-six (76) acres from the John D. and Catherine T. MacArthur Foundation, located in the City of Palm Beach Gardens, Florida, for which Engle has sought approval of a PUD to be known as Siena Oaks: and, WHEREAS, The School Board owns and operates the Allamanda Elementary School adjacent to said property; and, WHEREAS, the parties have mutual areas of interest because of the proximity of their properties. NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration in the mutual promises set forth,herein, the parties agree as follows: 1. Engle shall convey by means of the plat of Siena Oaks, the property described as Exhibit lsA1l, to The City. A portion of the property marked as ltpreseweal, and reflected on Exhibit llBll, . shall remain in perpetuity as a preserve area, and the plat shall so reflect that restriction. That portion of the property shown as ltroadll shown on Exhibit llBll, shall be dedicated to the City by the plat oP siena Oaks, and shall provide perpetual access to Allamanda School. The parties further agree that The School Eoard v?ll have the right to control and restrict access to the 18road11 from one (1) hour prior to the opening of school, to one (1) hour after school. However, said control and restriction shall not limit the purposes set forth in this Agreement. 2. The construction of the I1roadt1, bus loop, pathways, and appropriate tie-ins to Allamanda School, shall be at the sole cost and expense of Engle. Construction shall be in conformance with all state and local laws, including those standards adopted * by The City, Florida Statute 235.01 sea, and 6A-2 Florida ?. Administrative Code, Within thirty (30) days of recording of the Plat of Siena Oaks, Engle shall commence the construction required herein, and upon completion The City shall assume maintenance of the road. The School Board shall, upon completion of construction, maintain at its sole cost and expense the bus loop, and hold the City harmless from any liability therefore. In addition, Engle agrees, at its sole cost and expense, to do the following: A. Post a "No Through Traffic1# sign on the I1roadat. 8. Install gates on the llroadll, if required by The School Board or The City, within three (3) years of approval of Siena Oaks by The City. C. Install a traffic light on Prosperity Farms Road, if warranted. D. Retain significant trees within the designated dry retention area. E. Construct the cover for the pathway from the bus loop to the School, according to the specifications provided by The School Board. F. Install sod and irrigation along the entry to the bus loop within the preserve area, and along the entry to the parent drop-off area. 3. The City and School Board agree that the *tpreservel' aEea shall be fully available for the use of Allamanda School for . environmental study and other related purposes. The City ala0 agrees that any Gopher Tortoises on the Engle property may be relocated to the preserve area, at Engle's sole cost and expense. 4. The School Board shall abandon, release, and Quit Claim all its right title and interest in two (2) easements. One (1) being as described in Official Record Book 3731, Page 420-421, recorded May 26/ 1982, Public Records of Palm Beach County, Florida. The second being a sixty (60) foot ingress and egress easement described in Official Record Book 954, Page 148, recorded December 26, 1963, Public Records of Palm Beach County, Florida. The School Board shall also abandon, release and Quit claim any 2 prescriptive easement rights or other access rights it may have to Allamanda Road. 5. The instruments abandoning the easement6 shall be recorded within fifteen (15) days after recordation of the plat of the Engle property, or sooner if required by the City. Prior to recordation of said plat, The School Board shall retain all its right title and interest in the existing alignment Of Allamanda Road. Prior to construction of the road, The School Board shall have a temporary easement over said existing alignment. All construction vehicles and equipment for Siena Oaks shall be prohibited from using the Allamanda Drive access in front of the school, , 6. The parties acknowledge that the Board of County Commissioners has adopted school impact fees. The School Board acknowledges that in consideration for the construction of the road, bus loop pathways, pathway covers, irrigation, sod, and appropriate tie-in from Prosperity Farms Road, that Engle is entitled to a credit from said school impact fees for the value Of said construction. The value shall be evidenced by a cettified cost estimate provided by Engle's engineer. The City and School Board agree to cooperate with Engle in obtaining said credit. 7. So long as Engle has an active Bales office for the PUD, The Clty shall grant to Engle a temporary easement for placement of an advertising sign in front of the "road", fronting Prosperity ' Farms Road, subject to the standards of The City. 8. The School Board acknowledge6 that it has been fully informed, and has attended the various hearings and meetings regarding the site development plan of Engle. A6 additional. consideration for this Agreement, The School Board agrees to support Siena Oaks and its approval. 9. This Agreement is expressly contingent upon the apprOVa_l of Siena Oak6 by the City, Engle's subsequent closing on the property, and all other approvals required being obtained. In I!: the approval being sought is not granted, or any Other approvals are not obtained, written notice shall be provided The 3 STATE OF FLORIDA COUNTY OF PALM BEACH School Board within ten (10) days of said denial or withdrawal by Engle. 10. In the event litigation is undertaken to enforce th8‘ provisions of this Agreement, the prevailing parties shall be entitled to attorney‘s fees and costs incurred. 11. ThisAgreementshallbebindingonthepart~es,the~rheirs . and wsigns, forever. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first written above. *I THE ENGLE GROUP, INC., Florida J Awdgelstein, Presidenu P. By : fflce of Genera counsel STATE OF FLORIDA R Q,& COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and the County aforesaid, ‘AttDrney --- to *take acknowledgments, personally appeared hLec Engelstein the . President of THE ENCLE GROUP, INC., to me known to bo- the aerson described in and who executed the foregoing instrument and who acknowledged before me that he executed 6ame. this 3<3 day or thdt3-itzfV , 1989. WITNESS my hand and seal in the county and State aforesaid Notary & $gLUh%,C&- Public My Commission Expires: 4 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on thin dnv hsfore me, an officer . --, , -. duly authorized in the State aforesaid and t personally appeared SCHOOL BOARD OF PAW known- t!b be the person described in and who executed the foregoing instrument and who acknowledged before me that - they executed same. 9TNeSS my and and seal in the County and State aforesaid this 2/. day of k , 1989. STATE OF FLORIDA COVNTY OT PALM BEACH same. WITNESS my d a d seal in the County and State aforesaid f?. thisd@ day of ?f%!-h , 1989. - ission Expires: 5 5 E a i 4 \ DI fi -, - __-_- -- ~ 'ALLAMANDA OR IVE- ._ . _-_------ - ill August 2,2007 Department of Engineering and Public Works P.0. Box 21229 West Palm Beach, FL 33416- I229 (561) 684-4000 www pbcgov coin Palm Beach County mard of County Commissioners hddie L Grcene, Chairperson Jeff Koons. Vice Chair Karen T Marcus Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman Mr. James R. Orth, P.E. Assistant City Engineer City of Palm Beach Gardens - LBFH inc. 3550 S.W. Corporate Parkway Palm City, FL 34990 RE: Allamanda Elementary School - Revised Plan - Revised Letter Project #: 070522R TRAFFIC PERFORMANCE STANDARDS REVIEW Dear James: The Palm Beach County Traffic Division has received and reviewed the revised traffic study and the “Traffic Circulation Study” for the school expansion project entitled; Allamanda Elementary School, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Municipality: PCN #: Existing Uses: Proposed Uses: New Daily Trips: New PH Trips: Build-out: South side of Allamanda Lane, west of Prosperity Farms Road. Palm Beach Gardens Elementary School with 694 Students Elementary School for 745 Students 66 22 AM and 15 PM 2009 52-43-42-08-00-000-7 100 The Traffic Division has determined that the proposed change in use constitutes insignificant impact on the major roadway network and therefore meets the Traffic Performance Standards of Palm Beach County, under the following condition: Review traffic operations, control and safety related issues and the need for modifications to the existing traffic signal timing during the same periods. Note that this task is above and beyond the scope of work for the school impact study required of all schools. 0 !qc. Sc!i!binr; ;Je:mj?s 3:c ?? bc issce.’ 5;. ~~y:~,, zfic: !hac kLi!e si’! &$c, spt,-i:.i;:,” above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding the above comments, please contact me at 684- 4030. ’ ,/ Sincerely, Masoud Atefi. MSCE TPS Administrator, Municipalities - Traffic Division CC: PTC. Inc. File: General - TPS Mun. Traffic Study Review F:\TRAFFIC\ma\Admin\pprovals\2007\070522R.doc @ pnnred on recycled paper M c ht A H 6 N A \ \ OC I AT E \, I N C . 7741 N. Military Trail I Suite 5 I Palm Beach Gardens, FL 33410 www.mcmtrans.com p 561 -840-8650 I f 561 -840-8590 TECHNICAL MEMORANDUM TO James Orth, P.E., Assistant City Engineer City of Palm Beach Gardens I’RI NC I PALS Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D., P.E. Joseph J. DeSantis, P.E., PTOE John S. DePalma William T. Steffens AS SO C I A T E S Casey A. Moore, P.E. Gary R. McNaughton, P.E., PTOE John J. Mitchell, P.E. Christopher J. Williams, P.E. John F. Yacapsin, P.E. Thomas A. Hall FROM John P. Kim, P.E., PTOE Senior Project Manager McMahon Associates, Inc. SUBJECT: Allamanda Elementary School Traffic Concurrency Analysis McMahon Project No. M06344.05 DATE: September 13,2007 McMahon Associates, Inc. (McMahon) has reviewed the above referenced traffic concurrency study prepared by Pinder Troutman Consulting, Inc. (PTC), dated June 27,2007. The proposed expansion of the school can be approved for traffic concurrency for the following: Increase of capacity from 521 students to 745 students. The development order for this project should include the following condition: Within 90 days after the opening of Allamanda Elementary, the school will have vehicle turning movement counts performed for the two driveway connections to Allamanda Lane to determine the need for exclusive turn lanes on this roadway. The counts will be performed for two hours during the morning peak and two hours during the afternoon peak operating times of the school. The City Engineer will be notified of the proposed date for the traffic data collection. The traffic data will be forwarded to the City Engineer, who will determine the need for any exclusive turn lanes. The school will be responsible for designing and constructing the additional turn lane@) that are determined to be warranted. The traffic concurrency reservation for this project is valid until December 31,2011. Please contact me with any questions or concerns you may have. F\FL\O6344M\W-05 - Allamanda Elementary School\Admin\Allamanda Elem school Traffic Impact Analysis 091307.doc M4 Boston PA Fort Washington I Exton 1 Mechanicsburg NI Yardville FL Palm Beach Gardens I Fort Lauderdale I Fort Myers I Miami Date Prepared: November 26, 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 132,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AND A LAND, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF ALLAMANDA LANE AND NOGAL CIRCLE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE “ALLAMANDA ELEMENTARY SCHOOL”; ALLOWING THE REDEVELOPMENT OF THE EXISTING ELEMENTARY SCHOOL; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. MAJOR CONDITIONAL USE FOR THE 14.9-ACRE PARCEL OF WHEREAS, the City has received Petition CUMJ 07-05-000009, a request for a major conditional use and site plan approval to allow the demolition of the existing elementary school and the construction of a school facility on the 14.9-acre site, generally located at the southwest corner of Allamanda Lane and Nogal Circle, as more particularly described herein, to be referred to as “Allamanda Elementary School”; and WHEREAS, the subject site has a land-use designation of Public (P) and a Public or Institutional (PI) zoning classification with a Conditional Use overlay; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application at a public hearing at its July IO, 2007, meeting and voted 7-0 to recommend its approval to the City Council; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: November 26, 2007 Resolution 132, 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 SECTION 2. Petition CUMJ 07-05-000009 is hereby APPROVED on the following described real property to allow the redevelopment of an existing elementary school, generally located at the southwest corner of Allamanda Lane and Nogal Circle, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LE GAL D ESCRl PTI ON: ALLAMAN D A ELEMENTARY SCHOOL THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTH 52.3 FEET, MEASURED AT RIGHT ANGLES, OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE WEST 60 FEET THEREOF FOR ROAD PURPOSES. AND THE NORTH 360 FEET OF THE SOUTH 412.3 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THE WEST 60 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8 FOR AN EASEMENT FOR INGRESS AND EGRESS. SAID LANDS SITUATE WITHIN PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. CONTAINING 15.0 ACRES, MORE OR LESS. SECTION 3. This approval is subject to the following conditions of approval, which shall be the responsibility of the Applicant, its successors, or assigns: Planning and Zoninq 1. 2. 3. Concurrent with the site plan approval and prior to initiation of construction, the Applicant shall install a six-foot tall construction fence with a privacy tarp around the entire property line. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. All vehicular construction activities shall use a construction access off of Allamanda Lane. The Applicant shall coordinate and receive approval from the Growth Management Administrator prior to the closing of any public sidewalk. 2 I 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 26, 2007 Resolution 132, 2007 Forestrv 4. Prior to the occupation of the school, the Applicant shall restore the 25-foot- wide natural landscape buffer at Nogal Circle damaged during construction to the City of Palm Beach Gardens’ satisfaction (including restoration of the sod, irrigation, pavement, and sidewalks). A right-of-way use permit from the City of Palm Beach Gardens shall be required for this work. The City shall be responsible for the maintenance of the landscape buffer. Enaineerinq 5. 6. 7. a. 9. IO. The Applicant shall copy to the City all applicable permit applications, permits, certifications, and approvals. (City Engineer) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to the occupation of the school, the Applicant shall plat the site to include all existing and proposed easements and like encumbrances for City Council approval in accordance with LDR Section 78-446. In the event the Applicant fails to satisfy this condition prior to the occupation of the school, the City shall suspend any right-of-way access permits, and the Applicant shall be in violation of this development order. (City Engineer, Planning & Zoning) Prior to the occupation of the school site, the Applicant shall design, engineer, and construct a turn lane on Allamanda Drive. Generally, the lane shall be a westbound left-turn lane into the school site at the central main entrance with a minimum of 290 feet deceleration and stacking distance. In the event the Applicant fails to complete the turn lanes by the start of the 2008/2009 school year, the Applicant shall be in violation of this development order. (City Engineer) The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of the surrounding areas. If at any time during the project development it is determined by the South Florida Water Management District that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) The Applicant shall provide a letter of authorization from the utility easement owners authorizing encroachment of the landscape buffers within their respective utility easements. (City Engineer) 3 Date Prepared: November 26, 2007 Resolution 132, 2007 1 2 3 4 5 6 7 8 9 Miscellaneous 10 11 13. The Applicant shall notify the City’s Public Works Division at least ten 12 working days prior to the commencement of any workkonstruction activity 13 within any public right-of-way within the City of Palm Beach Gardens. In the 14 case of a City right-of-way, the Applicant has at least five working days to 15 obtain a right-of-way permit. Right-of-way permits may be obtained at the 16 Building Division. Failure to comply with this condition could result in a Stop 17 Work Order of all worklconstruction activity within the public right-of-way 18 and the subject development site. (Public Works) 19 20 21 22 23 1. 24 25 11, 2007. 26 27 2. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11. The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (City Engineer) 12. The Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) SECTION 5. This property shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: Sheets AI .OO through AI .I 1: Site Plans, prepared by PGAL, dated May 11 , 2007, and dated and stamped by the Planning and Zoning Division on May Sheets L1.0 through L2.3: Landscape Plans, prepared by Curtis Rogers Design Studio, Inc., dated April 11, 2007, and dated and stamped by the Planning and Zoning Division on May 11 , 2007. Sheets A4.02 through A4.10 and A4.20 and A4.21: Architectural Elevations, prepared by PGAL, dated May 11, 2007, and dated and stamped by the Planning and Zoning Division on May 11 , 2007. 3. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. 4 Date Prepared: November 26, 2007 Resolution 132, 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 47 PASSED AND ADOPTED this day of , 2007. CITY OF PALM BEACH GARDENS, FLORIDA Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN C 0 U N C I LM E M B E R VALE C H E COUNCILMEMBER BARNETT AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\Allamanda reso 132 2007.doc 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 6,2007 Meeting Date: December 20,2007 Resolution 133,2007 SubjecVAgenda Item: Anspach Effort Plat [XI Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: nI +% City Attorney Finance Administrator rlIA Submitted by: ,' -&** Daniel P. Clark, P.E. City Engineer Approved by: Originating Dept.: Engineering T -- gWMct f>NMJ Daniel P. Clark, P.E. City Engineer Advertised: Date: Paper: [ X ] Not Required Affected parties [X ] Notified / [ ] Not required Costs: $ NIA (Total) $ NIA Current FY Funding Source: [ ] Operating [X ] Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ [ ] Denied [ ] Continued to: conditions Attachments: Resolution 133,2007 [ ]None Date Prepared: November 26,2007 Meeting Date: December 20,2007 Resolution 133,2007 Page 2 of 2 STAFF RECOMMENDATION The Anspach Effort plat is a replat of Lot 1 of South Park Center, and Lot 2 of West Park Center a 7.001-acre industrial site located north of RCA Boulevard, south of PGA Boulevard, and west of Northcorp Boulevard and Riverside Drive. Staff recommends approval of Resolution 133,2007. C:\Documents and Settings\clevy\Local Settings\Temporary Internet Files\Content.OutlookEL79 IGLXMgenda Cover Memorandum @).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 RESOLUTION 133,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ANSPACH EFFORT PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Anspach Effort plat; and WHEREAS, the City Engineer has determined that the proposed plat 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 plat 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 Anspach Effort plat consisting of two (2) 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) Date Prepared November 6, 2007 Date Prepared: November 26, 2007 Resolution 133, 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 47 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 FFlClENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER COUNCILMEMBER VALECHE BARNETT AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\PLAT - anspach effort - RES0 133 2007.docx 2 Date Prepared: November 26, 2007 Resolution 133, 2007 EXHIBIT A 3 I I I L e a 0 I O E f g P z b 0 0 m U i P z 0 m 0 n U m 0 5 P z v) i I. c I I E 5 r i! n E .2 rri \ '\\ I I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 20,2007 Meeting Date: December 20,2007 Resolution: 130, 2007 SubjectlAgenda Item: Purchase awards to Alan Jay Import Center, Garber Chevrolet, Duval Ford, Beck Auto Sales, and Classic Chevrolet for a total of $448,523 to purchase twenty-one (21) vehicles via existing contracts with the Florida Sheriffs Association (07-1 5-0827 and 06-1 4-0821) Dc] Recommendation to APPROVE ] Recommendation to DENY Reviewed by: 7 city Community Services Administrator Department Administrator Apprw ./ City Maiage( Michael Morrow Operations Director Community Services Advertised: Date: Paper [ X ] Not Required Affected parties [ ] Notified - [ X ] Not required Costs: $448,523 (Total) $448.523 Current FY Funding Source: [ ] Operating [ X ] Other - Capital Budget Acct.#: 501-3020-539.6410 001-1420-515-6410 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: ~ Attachments: 0 Resolution 130, 2007 a Exhibit A: Vehicle List with Cost [ ]None Date Prepared: June 20, 2007 Meeting Date: December 20, 2007 Resolution: 130, 2007 BACKGROUND: As part of the City’s ‘going green’ initiative, the Fleet Committee has included in this year’s vehicle order the purchase of five (5) Hybrid vehicles. As a result of the City’s desire to be more environmentally responsible, the number of Hybrid vehicles has increased from a budgeted three (3) to a more efficient five (5) through an internal reallocation of existing fleet. The City’s Fleet Committee, which is comprised of one (1) representative from each department, has reviewed all vehicle requests by each department for FY 2007-2008 and recommends the purchase of twenty-one (21) vehicles. The Fleet Committee’s approval process is consistent with the Budget Oversight Committee’s objectives. The vehicle purchases for each department are as follows: - P&Z Police One (1) Ford Escape 4x2 *One (1) Ford Escape 4x2 Hvbrid @ @ Sub Total *Five (5) Ford Crown Victoria Police Interceptors *One (1) Chevrolet Impala Admin *Six (6) 6 Cyl. Dodge Charger Police Interceptors *One (1) Ford Expedition 4x4 @ @ @ @ Sub Total $14,136 $23,549 $37,685 $1 06,475 $16,497 $120,028 $23,737 $266,73 7 @ $20,597 Fire Department *One (1) Chevrolet Impala Police Interceptor - *One (1) Chevrolet Tahoe 1500 Police Package @ $26.494 Sub Total $47,09 1 Code *One (1) Ford Escape 4x4 Hvbrid @ $25,024 Public Works *One (1) Toyota Prius Hvbrid @ $21,938 Building *Two (2) Ford Escape 4x4 Hvbrid @ $50,048 *Replacement Vehicle The total cost of all vehicles equals $448,523, which will be purchased via existing contracts with the Florida Sheriffs Association (No. 07-1 5-0827and 06-1 4-0821). Budget line items for these purchases can be found on page 153 (account no. 001.1420.515.6410) and page 341 (account no. 501.3020.539.6410) of the adopted City Budget for Fiscal Year 2007/2008. Funding is provided by the General Fund and Fleet Maintenance Fund. If approved, delivery of vehicles will be within one hundred and eighty days (1 80) of order being placed. STAFF RECOMMENDATION: Approve Resolution 130, 2007 as presented. Date Prepared: November 20, 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 47 RESOLUTION 130,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING CONTRACTS FOR THE PURCHASE OF TWENTY ONE VEHICLES TO ALAN JAY IMPORT CENTER, GARBER CHEVROLET, DUVAL FORD, BECK AUTO SALES, AND CLASSIC CHEVROLET VIA EXISTING CONTRACTS WITH THE FLORIDA SHERIFF’S ASSOCIATION, CONTRACT NOS. DATE. 07-15-0827 AND 06-14-0821; AND PROVIDING AN EFFECTIVE WHEREAS, the City wishes to purchase twenty-one (21) vehicles as outlined in Exhibit “A, twenty (20) of which are replacing existing vehicles that no longer adequately provide the required level of service; and WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to “piggyback an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, 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 granting a purchase award to Alan Jay Import Center, Garber Chevrolet, Duval Ford, Beck Auto Sales, and Classic Chevrolet, based on existing contracts with the Florida Sheriffs Association, Contract Nos. 07-1 5-0827 and 06-1 4-0821 , incorporated herein by reference. 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 authorizes the purchase of twenty-one (21) vehicles to Alan Jay Import Center, Garber Chevrolet, Duval Ford, Beck Auto Sales, and Classic Chevrolet for an amount not to exceed $448,523.00. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: November 20, 2007 Resolution 130, 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 47 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: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\piggyback - vehicle purchase - reso 130 2007.docx 2 Date Prepared: November 20, 2007 Resolution 130, 2007 EXHIBIT “A” Date Prepared: November 20, 2007 Resolution 130, 2007 One (1) Ford Escape 4x2 *One (1) Ford Escape 4x2 Hvbrid @ @ Sub Total Police *Five (5) Ford Crown Victoria Police Interceptors @ *Six (6) 6 Cyl. Dodge Charger Police Interceptors @ Sub Total *One (1) Chevrolet Impala Admin *One (1) Ford Expedition 4x4 @ @ Fire Department *One (1) Chevrolet Impala Police Interceptor @ *One (1) Chevrolet Tahoe 1500 Police Package @ Sub Total Code - *One (1) Ford Escape 4x4 Hvbrid @ Public Works *One (1) Toyota Prius Hvbrid @ Parks *One (1) Ford F-350 Chassis Cab 4x4 *One (1) Ford F-250 SD 4x2 @ @ Sub Total $1 4,136 $23,549 $37,685 $1 06,475 $16,497 $120,028 $23,737 $266,737 $20,597 $26,494 $47,091 $25,024 $21,938 $26,151 $18,920 $50,048 *Replacement Vehicle The total cost of all vehicles equal $448,523, which will be purchased via existing contracts with the Florida Sheriffs Association (No. 07-15-0827 and 06-14-0821). Budget line item for these purchases can be found on page 153 (account no. 001.1420.515.6410) and page 341 (account no. 501.3020.539.6410) of the adopted City Budget for Fiscal Year 2007/2008. Funding is provided by the General Fund and Fleet Maintenance Fund. If approved, delivery of vehicles will be within one hundred and eighty days (180) of order being placed. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 29,2007 Meeting Date: December 20,2007 Resolution 135,2007 SubjecVAgenda Item: Resolution 135, 2007, authorizing revisions to the City of Palm Beach Gardens Investment Policy [XI Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: City Attorney Finance Dir tor s'z I Department Director Originating Dept.: Finance a Advertised: Date: Paper: [ x ] Not Required Affected parties I] Notifed a [ x 3 Not required costs: $ -0- (Total) c $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Resolution 135, 2007 0 Investment Policy with revisions 0 1-3 Year High Quality Bond Fund and Intermediate High Quality Bond Fund Informational Statements 0 Wachovia Treasury and U.S. Government Money Market Fact Sheets [ ]None Date Prepared: November 29,2007 Meeting Date: December 20, 2007 Resolution 135, 2007 BACKGROUND: Due to concerns stemming from the current sub-prime mortgage issue and its potential impact on the safety and liquidity of certain asset-backed commercial paper held by the State Board of Administration (SBA), staff withdrew the City’s entire investment for all funds from the SBA on November 28, 2007. The amount withdrawn totaled $21,337,748.63, and was wired to our investment account with Wachovia, which is fully collateralized as required by Chapter 280 of the Florida Statutes. Staff has been researching other options to augment our current allowable investments, and has had discussions with representatives from Wachovia and the Florida League of Cities regarding additional investment options. Wachovia Institutional Money Market Options Wachovia currently offers two institutional money market accounts we believe would fill the need for a safe, liquid investment created by the transfer of funds from the SBA - the Institutional Treasury Money Market Fund and the Institutional U.S. Government Money Market Fund. Both of these funds are AAA rated by Standard & Poor‘s and Moody’s credit rating agencies. The Treasury Money Market Fund seeks to maintain stability of principal while earning current income and providing liquidity. The fund invests only in short-term U.S. Treasury securities, which are high quality debt securities issued by the U.S. Treasury and guaranteed as to principal and interest by the full faith and credit of the US. Government, and repurchase agreements backed by such obligations. The U.S. Government Money Market Fund seeks to achieve as high a level of current income as is consistent with preserving capital and maintaining liquidity. The fund invests only in securities issued or guaranteed by the US. government, its agencies or instrumentalities, and repurchase agreements backed by such obligations. Florida Leaque of Cities Investment Options The Florida League of Cities created the Florida Municipal Investment Trust (FMIvT) to provide high quality, AAA rated investment options for governmental entities. FMlvT offers two investment options we believe would augment the core longer-term portion of our investment portfolio - the 1 to 3 Year High Quality Bond Fund and the Intermediate High Quality Bond Fund. The FMlvT 1 to 3 Year High Quality Bond Fund and the FMlvT Intermediate High Quality Bond Fund are designed to provide an investment pool alternative to members that have excess funds and that have an investment horizon greater than that of money market instruments. Date Prepared: November 29,2007 Meeting Date: December 20,2007 Resolution 135, 2007 These funds are actively managed by Atlanta Capital Management, and monitored by Asset Consulting Group to ensure compliance with the Trust’s conservative investment policies. Additionally, Fitch Ratings reviews the portfolios monthly and provides ongoing surveillance to keep the Trusts’ ratings timely. Lastly, the funds are governed by a Board of Directors with oversight by an investment advisory committee consisting of local government finance professionals. These portfolios invest in high quality securities including direct U.S. Government Obligations, U.S. Government Agency Obligations, or U.S. Government Instrumentalities, along with other types of high quality securities. These portfolios do not invest in collateralized debt obliqations or securities backed bv subprime mortqaqes. Further, 90% of the Trusts’ mortgage securities are additionally secured by Fannie Mae and Freddie Mac guarantees. In addition, all of the mortgage securities in the portfolios are backed by fixed rate loans. Similarly, the asset-backed securities the Trusts own are either auto or credit card backed securities, which are among the most liquid and credit-tested securities in this area. The FMlvT 1 to 3 Yr High Quality Bond Fund had over $200M in assets and the FMlvT Intermediate Bond Fund had over $206M in assets as of September 30,2007. A representative from the Florida League of Cities will be in attendance at the Council meeting to answer any questions Council may have regarding the FMvT investment program. Under the current investment policy, the Wachovia Treasury Money Market Fund is allowable under Section E (5); however, in order to begin an investment program in either the Wachovia U.S. Government Money Market Fund or the FMIvT, our investment policy must be amended in the following areas: 0 Section E (5) needs to be amended to include investments in securities issued or guaranteed by the U.S. government, its agencies or instrumentalities. 0 Section E (6) needs to be amended to include the Florida Municipal Investment Trust. STAFF RECOMMENDATION: Staff recommends approval of Resolution 135, 2007, amending the City of Palm Beach Gardens I nvestment Pol icy. rida nicipal vestment Trust 1-3 YEAR HIGH QUALITY BOND FUND INFORMATIONAL STATEMENT As of September 27,2007 Florida Municipal Investment Trust Administered by the Florida League of Cities, Inc. 301 South Bronough Street Tallahassee, Florida 32302-1 757 Telephone (850) 222-9684 Fax (850) 222-3806 www.flcities.com I P.O. BOX 1757 da lclpal estment Trust Table of Contents Introduction .................................................................................................................................................................................. 2 Eligibility ..................................................................................................................................................................................... 2 Investment Objective ............................................................................................................ ........................... 2 ..................................................................................................................................................................... 2 Rating and Compliance Monitoring ............................................................................................................................................. 3 Authorized Investments and Techniques ..................................................................................................................................... 3 Additional Portfolio and Security Restrictions ............................................................................................................................ 5 Portfolio Characteristics .......................................................................... ..................................................................... 6 Additional Security Restrictions .................................................................................................................................................. 6 To Open an Account ........................................................................................................................................................ Contributions ............................................................................................................................... Redemptions ................................................................................................................................ Exchanges ..................................................................................................................................................... Dividends ...................................................................................................................................................... Portfolio Valuations and Total Return Calculations ..................................................................................... Accounting Policies ...................................................................................................................................... Fees and Expenses ....................................................................................................................................................................... 9 .. Reports to the Members .................................................................................. Minimum Transaction Amounts and Balance ................................. Liability and Indemnification ......................................................................... Administrator ............................................................................................................................................................................. 10 Investment Manager ......................................................................... ..................................................................... 10 Custodian .................. .................................................................. ...................................................................... 10 Auditor ....................................................................................................................................................................................... 10 Legal Counsel ............................................................................................................................................................................ 10 Notices ....................................................................................................................................................................................... 10 Questions .............. .................................................................................................. 11 Supplemental Information .......................................................................................................................................................... 1 1 Model Ordinance/Resolution ..................................................................................................................................................... 12 Board of Trustees ....................................................................................................................................................................... 14 Investment Advisory Committee ............................................................................................................................................... 15 t Trust Introduction The Informational Statement is designed to set forth the policies and procedures governing the Florida Municipal Investment Trust’s 1 to 3 Year High Quality Bond Fund (“the Portfolio”), formerly known as the Short Term Bond Portfolio, and contains information that each prospective participant should be aware of prior to investing in the Portfolio. The Florida Municipal Investment Trust (the “Trust”) is an interlocal governmental entity created under the laws of the State of Florida to provide eligible units of local government with an investment vehicle to pool their surplus funds and to invest such funds into one or more investment portfolios under the direction and daily supervision of an investment advisor. The Trust was established and created by the City of Palatka, Florida; the City of Lauderhill, Florida; and the City of Bradenton, Florida and operates under the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust dated April 28, 1993, as amended. The Trust is governed by a Board of Trustees, which shall be composed of no less than five members and no more than seven. The Board of Trustees shall always consist of the President or the President’s appointee and the Second Vice President of the Florida League of Cities, Inc. by virtue of their office and two representatives from the Florida Municipal Insurance Trust. Representatives from the Florida Municipal Insurance Trust are appointed by its Board of Trustees. An additional three members of the Board of Trustees may be elected to the Board by the Board of Trustees. The additional board members must each be an elected official of an active member of the Trust. The Florida League of Cities, Inc. acts as Administrator to the Trust. Atlanta Capital Management Co. acts as Investment Manager to the Portfolio. Pursuant to the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust, the Board of Trustees shall have the power to conduct the affairs of the Trust including, but not limited to, the authority to invest in, reinvest in, purchase or otherwise acquire, own, hold, pledge, sell, assign, transfer, exchange, distribute, lend or otherwise deal in or dispose of investments, as provided for in the Statement of Investment Policy and as set forth by this Informational Statement. The Trust shall hold legal title to all funds, investments and assets of the Trust on behalf of the Members of the Trust. Eligibility Membership in the Trust is limited to agencies or political subdivisions in or of the State of Florida. Agencies or political subdivisions in or of the State of Florida include, but are not limited to: the state, its agencies, counties, municipalities, special districts, school districts, and any other governmental entities. Each prospective participant must become a member of and a party to the Trust and agree to abide by the terms and conditions as set forth in the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust, as amended. Prior to investing in the Trust, each prospective participant should receive and review a copy of the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust and Statement of Investment Policy as amended. Investment Objective The 1 to 3 Year High Quality Bond Fund is designed to provide an investment pool alternative to those Members that have excess funds and that have an investment horizon greater than that of money market instruments. The investment objective is: 1) to preserve capital; 2) achieve a total rate of return that exceeds the return of T-Bills by 1% per year over rolling three-year periods; and 3) exceed the return of the Merrill Lynch One-to Three-year Government Index over three-year periods. The Portfolio will generally invest in securities with greater potential returns and risk than those offered by money market type instruments. Due to the fact that the Portfolio will be investing in securities with an average maturity of approximately two years, increases in interest rates will cause declines in the net asset value of the Portfolio. Therefore, the Portfolio may be an inappropriate investment for funds required to meet short-term needs. In order to emphasize the longer-term nature of the Portfolio and to provide a disincentive to utilize the Portfolio as a money market fund alternative, the portfolio will only be open twice a month to accept contributions or remit redemptions (please see “Contributions” and “Redemptions”). Investment Risk Because the Portfolio invests in fixed income securities, each Member will be exposed to five types of risk associated with investing in fixed income securities. 1) Interest rate risk, which is the potential for fluctuations in bond prices due to changes in interest rates. 2) Reinvestment risk, which is the potential for a decline in the Portfolio’s income due to falling market interest rates. 3) Credit risk, which is the possibility that a bond issuer will fail to make timely payment of either interest or principal to the Portfolio. 4) Prepayment risk (for Collateralized Mortgage Obligations (“CMOS”) and Asset Backed Securities (“ABS?) or call risk (for some agency and corporate bonds), which is the likelihood that, during periods of falling interest rates, securities with high stated interest rates will be prepaid or called prior to maturity, requiring the Portfolio to invest the proceeds at generally lower interest rates. 5) Liquidity risk, which is the possibility that the liquidity of the market for a security may decline thereby (i) making it more difficult to dispose of the security promptly; (ii) presenting difficulties in valuation of the security; and (iii) causing the security to experience greater price volatility. 2 rida nicipal estment Trust The Portfolio is subject to interest rate, credit and liquidity risk, which may cause a loss of principal. The market value of the securities in which the Portfolio invests will fluctuate in value as interest rates, credit and liquidity conditions change, which will affect the Portfolio’s net asset value and each Member’s net asset value per share. The Board of Trustees has specified that the Portfolio’s modified duration will be greater than one year, but less than 130% of the modified duration of the Merrill Lynch 1-3 Year Government Index. Historically, the Merrill Lynch 1-3 Year Government Index’s modified duration has been approximately 1.67 years. Modified duration is used as a measure to estimate a security’s andor portfolio’s interest rate or price volatility due to changes in interest rates or how much a security andor portfolio is expected to increase or decrease in value for a given change in interest rates. Typically, the higher the modified duration of a security andor portfolio, the greater the interest rate risk or price volatility the security andor a portfolio will have. As an example, if interest rates were to increase by one hundred basis points, or one percent, the market value of a bond with a modified duration of two years would decrease by approximately two percent, all other factors remaining constant. The Portfolio is expected to maintain a modified duration in a range of 1 to 2.25 years, thereby reducing the adverse affect of interest rate changes on the Portfolio’s market value. The calculation of modified duration involves a subjective judgment made as to the prepayment risk or call risk associated with securities in the Portfolio. Consequently, it may not be possible to calculate modified duration precisely in all circumstances. Additionally, the modified duration of the Portfolio may change even if the composition of the Portfolio does not change. Shares of the Portfolio are neither insured nor guaranteed by any agency of the U.S. Government, including the FDIC. Rating and Compliance Monitoring The Trust will seek to maintain a bond fund rating on the Portfolio of AAAN2 from Fitch Ratings (“Fitch”). Fitch is a nationally recognized statistical rating organization (NRSRO) serving investors, regulators and issuers. Funds having a “AAA” bond fund credit rating from Fitch are composed of a preponderance of assets that carry the highest credit ratings from Fitch or from at least one other NRSRO. Ratings are based on an evaluation of several factors, including credit quality and diversification of assets within the portfolio, management strength and operational capabilities. Bond fund credit ratings are expressed on a scale of “AAA” through “B”. Funds having a ”V2” bond fund volatility rating from Fitch are considered to have low market risk. Total returns are expected to exhibit relative stability and perform consistently across a broad range of interest rate scenarios. These funds offer low risk exposure to interest rates and changing market conditions. Bond fund volatility ratings are an opinion as to the relative sensitivity of the total return (including price) on a fund’s net asset value per share to a broad array of assumed changes in interest rates and other market conditions. Bond fund volatility ratings are expressed on a scale of ”Vl+” (least volatile) through ”V10” (most volatile). The ”V1+” rating is assigned only to money market funds and local government investment pools that should not experience loss of principal value to shareholders or participants even in severely adverse interest rate environments. Investors should understand that funds with any volatility rating other than a ”Vl+” may experience losses in the event of adverse changes in market conditions. Ratings are not a recommendation to buy, sell or hold any security or fund. They do not comment on adequacy of the market price paid for any security or fund, or the suitability of any security or fund for any investor. Fitch’s bond fund ratings are based on information provided to Fitch by sources deemed by Fitch to be reliable; however, Fitch does not verify the accuracy of this information. Ratings may be changed, withdrawn, or suspended by Fitch in the event of changes in, or the unavailability of, information or for other reasons. There can be no assurances that the Portfolio will maintain a AAAN2 rating. Asset Consulting Group, Inc. (ACG) has been retained to provide a review of the Portfolio’s holdings as of the end of a quarter for compliance with the Portfolio’s investment policy, portfolio characteristics and any additional security restrictions as set forth in this Informational Statement. Such review will be submitted to the Board of Trustees and will be available to Members on request. ACG has not and does not conduct this compliance review of securities at the time of purchase or at other time periods in the calendar quarter, and therefore cannot comment on the Portfolio’s adherence to its investment policies at any other points in time. Authorized Investments and Techniques In an effort to accomplish the objectives of the Trust, the Board of Trustees has authorized the Portfolio to invest in the following investment instruments: Repurchase Agreements in which the maximum maturity at purchase shall not exceed 180 days with a total average maturity, at any point in time, for all repurchase agreements held, of not greater than 60 days. Repurchase Agreements may be considered to be loans by the Portfolio to the seller, collateralized by the underlying securities. Repurchase 3 t Trust Agreements with maturities exceeding seven days are illiquid. It is the intention of the Portfolio to focus on Repurchase Agreements with maturities of seven days or less. Direct obligations of the United States Treasury including Bills, Notes, Bonds and various forms of Treasury zero- coupon securities. Zero coupon securities are generally subject to greater fluctuations in value in response to changing interest rates than coupon bearing securities with the same maturity. Commercial paper issued in the United States by any corporation, provided that such instrument carries a rating of "Al/Pl" (or comparable rating) as provided by two of the top NRSROs; and that the corporation's long term debt, if any, is rated at least "AVA+" (or a comparable rating) by a NRSRO or, if backed by a letter of credit (LOC), the long term debt of the LOC provider must be rated at least "AA" (or a comparable rating) by at least two of the NRSROs publishing ratings for financial institutions. The maximum maturity shall not exceed 270 days from the time of purchase. Banker's Acceptances issued within the U.S. by institutions with a long-term debt rating of at least "AA" or short-term debt rating of "Al/Pl" (or comparable ratings), as provided by one NRSRO. The Portfolio may own no more than five percent in Banker's Acceptances issued by any one depository institution at one time. Maximum maturity shall not exceed 270 days from the time of purchase. Banker's Acceptances are negotiable drafts which are accepted by a bank, meaning in effect, that the bank unconditionally agrees to pay the face value of the instrument on maturity. Banker's Acceptances rank junior to deposit liabilities of the bank and pari passu (Le., side by side) with other senior, unsecured obligations of the bank. Nonnegotiable Certificates of Deposit issued by Florida Qualified Public Depositories as identified by the State Treasurer's office andor negotiable Certificates of Deposit issued in US. dollars by institutions, provided such institution carries a short term rating of at least "AlPl" (or comparable rating) and a long term rating of at least "A" (or comparable rating) as provided by two of the top NRSROs. The Portfolio may own no more than $5,000,000 in certificates of any one depository institution at one time. Maximum maturity on any certificate shall be 2 years. Certificates of Deposit with a stated maturity date may be subject to early withdrawal penalties. Deposits are insured by the Federal Deposit Insurance Corporation (FDIC) only to the extent of $100,000 per depositor per bank. In Florida, deposits of local governments are eligible for additional sources of repayment due to Florida Qualified Public Depository requirements. Obligations of the agencies or instrumentalities of the Federal Government including but not limited to the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Home Loan Banks, Federal Farm Credit Banks, Student Loan Marketing Association, and the Resolution Funding Corporation. Obligations of certain agencies and instrumentalities in which the Portfolio may invest are not supported by the full faith and credit of the U.S. Treasury. Money Market Mutual Funds as defined and regulated by the Securities Exchange Commission. Mortgage obligations (both fixed and adjustable) guaranteed by the United States Government and sponsored agencies andor instrumentalities including but not limited to the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. Mortgage-backed securities, including mortgage-pass through securities and Collateralized Mortgage Obligations (CMO) issued, guaranteed or backed by an agency or instrumentality of the Federal Government or other mortgage securities including CMOs rated AAA or equivalent by a NRSRO. Derivative mortgage securities, such as interest only, principal only, residuals and inverse floaters, are prohibited. Mortgage securities represent participations in, or are collateralized by and payable from, mortgage loans secured by real property. The investment characteristics of both adjustable rate and fixed rate mortgage securities differ from those of traditional fixed income securities. The major differences include the payment of interest and principal on a more frequent schedule, and the possibility that principal may be prepaid at any time due to prepayments on the underlying mortgage loans and other assets. These differences can result in greater price and yield volatility than is the case with traditional fixed income securities. Prepayments on a pool of mortgage loans are influenced by a variety of factors, including economic conditions, changes in mortgagors' housing needs, job transfers, unemployment, mortgagors' net equity in the mortgaged properties and servicing decisions. The timing and level of prepayments cannot be precisely predicted. The Portfolio may invest in CMOs that provide for floating rates of interest or in participations in pools of adjustable rate mortgage loans. As the coupon rate on such CMOs reset or the interest rates on adjustable rate mortgage loans adjust periodically, the prices of such mortgage securities should fluctuate less than long-term, fixed income securities. However, certain interest rate indexes to which CMOs reset, or pursuant to which adjustable rate mortgage loans adjust, may lag changes in current market rates of interest. Moreover, floating rate CMOs are typically issued with lifetime "caps and floors" on the coupon rate. Similarly, adjustable rate mortgage loans may have caps and floors as well as limits as to the maximum change during any adjustment period. Consequently, the market value of floating rate CMOs and participations in pools of adjustable rate mortgage loans may decline significantly during periods of rising interest rates. Because of their complexity, the market for many mortgage securities may be less liquid, thereby exposing such securities to increased liquidity risk. 4 t Trust Corporate Fixed Income Securities issued by any corporation in the United States with any A rating by a NRSRO. A Manager may hold no more than 5 percent of the invested account in any one corporation at the time of purchase. Asset-Backed Securities issued in the United States. In general, the collateral supporting asset-backed securities is of shorter maturity ,than mortgage loans and is less likely to experience substantial unscheduled prepayments. However, the collateral securing such securities may be more difficult to liquidate than mortgage loans. US. dollar-denominated and issued obligations and securities of foreign sovereign states or non-U.S. corporations (referred to as Yankee bonds), which are rated A or better by a NRSRO. Foreign issuers are not generally subject to accounting, auditing and financial standards and practices comparable to US. Issuers. Securities of State, Municipal and County Governments or their public agencies, which are rated in the three highest rating categories by a NRSRO. The two principal classifications of such securities are “general obligation” and “revenue” securities. Both are typically exempt &om federal income taxes and therefore, usually carry lower coupon rates. “General obligation” securities are secured by the issuer’s pledge of its full faith and credit and taxing power for the payment of principal and interest. “Revenue” securities are usually payable only from the revenues derived from a particular facility or class of facilities or, in some cases, from the proceeds of a special excise tax or other specific revenue source. Industrial development bonds are usually revenue securities, the credit quality of which is normally directly related to the credit standing of the industrial user involved. The market for many securities issued by state, municipal and county governments or their public agencies may be illiquid. The Portfolio will only invest in larger, more liquid issues. Commingled investment funds, no-load investment funds, or no-load mutual funds in which all securities held by the trusts or funds are authorized investments as provided herein or as may be approved by the Board of Trustees. Guaranteed Investment Contracts (GICs) issued by insurance companies rated in the highest category by AM Best Rating System and maintaining a minimum claims paying ability of AA/Aa by a NRSRO. GICs are contracts issued by insurance companies. GICs bear a fixed rate of interest and have a fixed maturity date. GICs are typically unsecured and limited recourse obligations of the insurance company. The market for GICs is usually illiquid. Investment Agreements with other financial institutions. If collateralized, the collateral securing the investment agreement shall be limited to those securities authorized for purchase by this investment policy. The invested amount the Portfolio may own, at one time, is no more than $10,000,000 in investment agreements from any one financial institution. Investment Agreements are obligations of financial institutions typically bearing a fixed rate of interest and having a fixed maturity date. Investment agreements are privately negotiated and illiquid. At the present time, the Portfolio does not anticipate investing in Investment Agreements. Reverse Repurchase Agreements may be considered to be collateralized borrowings by the Portfolio. The use of Reverse Repurchase Agreements to leverage the Portfolio’s investments is an investment technique which increases investment risk, but also increases investment opportunity. Interest costs on borrowings may exceed the returns on borrowed funds. Under adverse conditions, the Portfolio might have to sell securities to meet interest or principal payments at a time when investment considerations would not favor such sales. Securities lending with approved dealers and custodians. Securities lending involves the loan by the Portfolio of a specific security held by the Portfolio to an approved counterparty. All securities loans made by the Portfolio will be fully secured by collateral in the form of cash andor securities issued or guaranteed by the U.S. government, its agencies or instrumentalities, or by a Letter of Credit (LOC). Interest earned on the collateral either will be shared with the borrower or the borrower will retain the interest and the Portfolio will charge a fee to the borrower. The Portfolio will receive any interest or dividends paid on the loaned securities. The Portfolio may incur additional custodial fees in connection with lending portfolios and may incur less brokerage fees. Typically the borrower must return loaned securities to the Portfolio within three business days after being requested by the Portfolio. The Board of Trustees may authorize the Portfolio to invest in additional types of investment instruments; however, no material change in authorized investments will be made without first giving notice to members in accordance with the “Notices” section of this informational statement. Additional Portfolio and Security Restrictions In addition, the Board of Trustees has adopted the following portfolio characteristics and security restrictions in order to reduce the Portfolio’s risk of default and price volatility due to changes in interest rates: 5 rida ntcipal estment Trust Portfolio Characteristics All percentages indicated below shall be valued at market. Maintain duration greater than one year but less than one hundred and thirty percent of the established index. Maintain a minimum bond fund rating of AAA. Invest at least thirty percent of the portfolio in Direct US. Government Obligations, U.S. Government Agency Obligations, or U.S. Government Instrumentalities Obligations. A maximum of seventy-five percent of the portfolio may be invested in Direct U.S. Government Obligations, U.S. Government Agency Obligations, or US. Government Instrumentalities Obligations A maximum of fifty percent of the portfolio may be invested in mortgage securities including CMOs. A maximum of thirty percent of the portfolio may be invested in Corporate and Yankee Debt Obligations. A maximum of thirty percent of the portfolio may be invested in ABSs. A maximum of twenty percent of the portfolio may be invested in Investment Agreements. A maximum of twenty percent of the portfolio may be invested in Guaranteed Investment Contracts. A maximum of ten percent of the portfolio may be invested in Taxable Municipal Debt Obligations. Reverse Repurchase Agreements andor other forms of financial leverage will be limited to thirty percent of the Portfolio. Securities lending activity with approved dealers and custodians. Additional Security Restrictions Minimum long-term credit rating of A for all corporate securities. Minimum long-term credit rating of AA/Aa for all Taxable Municipal Debt Obligations. Minimum claims paying ability rating of AA/Aa by a nationally recognized statistical rating organization (NRSRO) for all Guaranteed Investment Contracts. Maximum of three percent of the portfolio at the time of purchase and five percent of the portfolio at market may be invested in corporate securities of an individual issuer. Maximum of five percent of the portfolio at market may be invested in individual trusts of ABS and Non-Agency CMOs. Minimum long term credit rating of AA/Aa for Investment Agreements unless collateralized. If collateralized, a minimum of a 102% margin will be maintained depending on the collateral provided. All securities, except as described below, will have a final maturity of 5.5 years or less. If a security has a put feature, the put date will be used as the final maturity. Mortgage pass-throughs, CMOs, ABSs or any other security that does not have a fixed maturity date or a fixed paydown schedule would have to meet at least one of the following conditions. e A final payment “window” of seven years or less based on the then prevailing prepayment assumptions as determined by the Bloomberg, Merrill Lynch Passport or other pricing or securities firms with demonstrated expertise in prepayment forecasting for such securities. 0 A security’s price volatility given the then prevailing prepayment assumptions as determined above, cannot exceed the price volatility of 2x the Merrill Lynch 1-3 Year Government Index. (The price volatility of the Merrill Lynch 1-3 Year Government Index is defined as the modified duration of the Index as published by Merrill Lynch & Company) 6 rida nlcipst cstmcnt Trust To Open an Account To become a member of the Florida Municipal Investment Trust, each governmental entity’s governing body must approve by an ordinance, resolution or other appropriate means, the entity’s participation in the Florida Municipal Investment Trust and provide staff with the appropriate authority to execute the Participation Agreement. Upon approval by the governing body, each prospective participant must complete a Membership Application Form, Participation Agreement, Signature Card, and a certified copy of the document passed by the governing body and submit the completed forms to the Administrator at: Florida Municipal Investment Trust P.O. Box 1757 301 South Bronough Street Tallahassee, FL 32302-1757 If your unit of local government has a written investment plan that provides for the establishment of a written investment policy, please provide a copy of your Investment Policy along with the other enrollment forms described above. In addition to or in lieu of establishing a written investment plan, please reference that your unit of local government is participating in the FMIvT pursuant to Section 218.415 Fla. Statute which authorizes that the FMIvT is an authorized investment for units of local government in Florida. The Membership Application Form, Participation Agreement, Signature Card, and ordinance or resolution are then reviewed and, if found to be in proper order, an account is opened and an account number assigned. There is no limit to the number of accounts that can be opened by a Member. The Administrator will inform the governmental entity of the acceptance and approval of the Membership Application Form, Participation Agreement, Signature Card and the account number assigned. Included with this Informational Statement are copies of the Membership Application Form, Participation Agreement, Signature Card, and model Ordinancehtesolution. Contributions The Portfolio will be open twice a month to accept contributions from Members. Contributions will be credited on the first business day following a Portfolio Valuation date (please see Portfolio Valuations). Contributions to the Portfolio, including new accounts, can be made by wire transfer through the Federal Reserve or by check. The minimum initial contribution amount is fifty thousand (50,000) dollars and five thousand (5,000) dollars for subsequent contributions. Members will be required to provide the Administrator with advance written notification of contributions five business days prior to the valuation of the Portfolio (please see Portfolio Valuations). Contributions made by check must be received by the Portfolio’s Custodian five business days prior to a Portfolio Valuation. Contributions made by wire transfer must be through the Federal Reserve and received by the Portfolio’s Custodian on the day of a Portfolio Valuation. Only contributions received and collected in a timely manner will be credited to the Member’s account based on the net asset value of the Portfolio as determined on the Portfolio Valuation date. A Member will be charged for any investment losses or any interest expense incurred on behalf of the Trust due to the Member’s failure to remit contributions in a timely manner as set forth in this Informational Statement. If in the Administrator’s opinion, the Portfolio andor the Portfolio’s net asset value would be adversely affected by accepting contributions made by a Member or Members, the Administrator may limit andor cease accepting contributions to the Portfolio. Redemptions The Portfolio will be open twice a month to make redemptions to Members. Redemptions will be made on the first business day following a Portfolio Valuation date (please see Portfolio Valuations). The minimum redemption amount is five thousand (5,000) dollars or the Member’s entire remaining account balance if the Member’s balance falls below fifty thousand (50,000) dollars. Members will be required to provide the Administrator with advance written notification of a redemption five business days prior to the valuation of the Portfolio (please see Portfolio Valuations). Redemptions from the Portfolio will be made by wire transfer through the Federal Reserve or by check, as indicated by the Member in the Membership Application Form, on the next business day following a Portfolio Valuation. Wire transfers will be made by the Portfolio’s Custodian through the Federal Reserve to the financial institution specified in the Membership Application Form. Checks will be mailed by the Portfolio’s Custodian to the Member’s address as set forth in the Membership Application Form. If in the Administrator’s opinion, the Portfolio andor Portfolio’s net asset value would be adversely affected by honoring a Member’s redemption request, the Administrator may limit the Member’s redemption to two (2) million dollars or ten (10) percent of the Portfolio’s net asset value, whichever is greater. In the event that the Administrator does invoke a limitation on a Member’s redemption request, the Administrator will redeem sufficient shares of beneficial interest such as to pay the 7 t Trust Member two (2)-million dollars or ten (IO) percent of the Portfolio’s net asset value each time the Portfolio is open to make redemptions until such time as the Member’s redemption request is honored. The Trust may declare a suspension of the right of redemption or postpone the date of payment or redemption for the whole or part of any period (i) during which the New York Stock Exchange is closed other than customary weekend and holiday closings, (ii) during which trading on the New York Stock Exchange is restricted, or (iii) during which an emergency exists as a result of which disposal by the Trust of securities owned by it is not reasonably practicable, or it is not reasonably practicable for the Trust to fairly determine the value of its net assets. In the event of an emergency, Members may request an early redemption from the Portfolio. An early redemption is a request by a Member to redeem shares of beneficial interest either (a) as of a date other than the first business day following a Portfolio Valuation date, or (b) without having provided the Administrator with the required advance written notification of redemption. Members will be required to submit to the Administrator a written request for an early redemption from the Portfolio detailing the circumstances and reasoning for the early redemption. The Administrator has sole discretion in approving a request for early redemption. Upon approval of the early redemption by the Administrator, a net asset value for the Portfolio will be determined. Members requesting an early redemption will be responsible to reimburse the Portfolio for any fees associated with determining the net asset value of the portfolio andor any penalty charges, losses and other costs (including, without limitation, interest paid on borrowed funds to pay the redemption) associated with amending, terminating, selling or otherwise affecting any of the investments in the Portfolio, and an amount sufficient to maintain the projected yield on the remaining shares of beneficial interest to the next valuation date of the Portfolio. At the discretion of the Administrator, such amount may be deducted from the proceeds of an early redemption. When a Member requests to redeem its entire balance (full redemption), the Trust will do so at the net asset value per share as determined at the Portfolio’s next valuation date. Payment for redemption will be made to the Member in two installments- 1) a “partial distribution” of no more than 90% of the previous period’s participant balance to be wired on the first business day following the Portfolio Valuation date and 2) the “remaining balance” of the Member’s shares to be redeemed after the period’s Net Asset Value is determined and all reportsktatements have been received and verified by the Administrator. Exchanges Members may exchange shares of beneficial interest from one Trust portfolio to another. Exchanges will be considered to be a redemption from one portfolio and a contribution to another portfolio and will be done based on each portfolio’s most recent calculated net asset value per share. Exchanges can only be done when both portfolios are open to Members for contributions andor redemptions. Members will be required to provide the Administrator with advance written notification of exchanges five business days prior to the valuation of both Portfolios (please see Portfolio Valuations). Dividends The Portfolio does not distribute income or capital gains. All income earned and capital gains realized by the Portfolio are retained by the Portfolio and reinvested. Portfolio Valuations and Total Return Calculations The net asset value of the Portfolio will be determined twice a month: on the fifteenth of the month, unless such is not a business day, and the last business day of the month. If the fifteenth is not a business day, the net asset value will be determined as of the next succeeding business day. The net asset value of the Portfolio is calculated as of 4:OO p.m. and will be determined by adding up the fair market value of all securities and assets held by the Portfolio, including accrued interest and amounts owed to the Portfolio for securities sold or principal and income not collected as of the Portfolio Valuation date, es of the Portfolio. The value of each Member’s account is determined by dividing the net asset value of the Portfolio by the total number of shares of beneficial interest, multiplied by the number of shares owned by the Member. Prices for securities held in the Portfolio shall be valued at the most recent bid price or yield equivalent as obtained from one or more market makers for such securities, except that any securities designated as money market securities may be valued using the amortized cost method based upon the Portfolio’s acquisition of the security. All other securities and assets will be valued at the fair market value determined in good faith by the Board of Trustees or such other party designated by the Trustees. Market makers are to include any independent third party that the Administrator or the Trust may contract with to provide prices. Independent third parties may include the Portfolio’s Custodian or any nationally recognized provider of security prices and other financial information. From time to time the Trust may report the Portfolio’s average annual compounded returns. The Portfolio’s average annual compounded rate of return refers to the rate of return which, if applied to an initial investment in the Portfolio at the beginning 8 da lclpsl stmcnt Trust of a stated period and compounded over the period, would result in the redeemable value of the investment at the end of the stated period. The following formula describes the calculation of an average annual compounded rate of return: P( 1+T)” = ERV P = a hypothetical initial investment of $1,000 T = average annual compounded rate of return n = number of years ERV = ending redeemable value The Portfolio may also report its total return for periods of one year or less. Total return is determined by (i) assuming a hypothetical investment at the beginning of a period, (ii) calculating the ending value of the investment at the end of the stated period, (iii) subtracting the amount of the hypothetical original investment from the ending value of the investment, and (iv) dividing the remainder so obtained by the amount of the original investment. The calculated amount is then expressed as a percentage by multiplying by 100. All such performance information for the Portfolio will be based on historical performance and should not be considered to be indicative of the Portfolio’s future performance. Accounting Policies The Trust follows generally accepted accounting principles (G.A.A.P.) and industry practices for external investment pools as established by the Governmental Accounting Standards Board. Fees and Expenses The Trust has entered into an agreement with the Florida League of Cities, Inc. (the League) to provide administrative services to the Portfolio for nine (9) basis points of the net asset value of the Portfolio. The Florida League of Cities, Inc., on behalf of the Trust, has entered into an agreement with Atlanta Capital Management Co. to provide investment management services and with Wells Fargo Bank to provide custodian services. Investment Management fees are ten (10) basis points of the net asset value of the Portfolio. Additionally, the Portfolio will incur its proportionate share of audit fees, rating and compliance fees, general insurance expense, legal fees, Trustees fees and other operating fees. The Trust pays each Trustee two hundred dollars plus reimbursement for reasonable travel expenses for each board meeting attended. The Trust expects that expenses for the Portfolio will be approximately twenty-three (23) basis points. The Portfolio engages in securities lending to generate income to offset a portion of the above expenses. On an annual basis, the Portfolio estimates that the income generated from securities lending will offset four (4) basis points of expenses. There is no guarantee that expenses less securities lending income will not exceed nineteen (19) basis points. Reports to the Members Each Member will receive a monthly statement of its account showing the current balance and monthly activity as well as current and historical portfolio performance. Annually, each Member will be provided an annual financial statement of the Portfolio audited by the Trust’s independent auditors Minimum Transaction Amounts and Balance The minimum initial contribution amount is fifty thousand (50,000) dollars and five thousand (5,000) dollars for subsequent contributions. The minimum redemption amount is five thousand (5,000) dollars or the Member’s entire remaining account balance if the Member’s balance falls below fifty thousand (50,000) dollars. The Trust reserves the right to redeem any Member’s account that falls below the minimum initial contribution of fifty thousand (50,000) dollars, provided the Trust provides the Member with thirty (30) days prior written notice. Liability and Indemnification In accordance with the Agreement and Declaration of Trust, no Member shall be subject to any personal liability whatsoever to any person in connection with the Trust property or the acts, obligations, or affairs of the Trust. No Trustee, officer, employee, or agent of the Trust shall be subject to any personal liability whatsoever to any person in connection with the Trust property or the affairs of the Trust, except that arising from bad faith, willful misfeasance, gross negligence, or reckless disregard of their duty to such person; and all such persons shall look solely to the Trust property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. The Trust shall indemnify and hold each Member harmless from and against all claims and liabilities arising from the actions of the Trust to which such Member may become subject by reason of its being or having been a Member of the Trust and shall reimburse such Member(s) for all legal and other expenses 9 t Trust reasonably incurred by it in connection with any such claim or liability. Please see the Agreement and Declaration of Trust for additional liability limitations and indemnification. Administrator The Board of Trustees has entered into an agreement with the Florida League of Cities, Inc. to serve as Administrator of the Trust’s operations. The Administrator is responsible for servicing Members’ accounts, maintaining a register of Members and shares of beneficial interest owned, maintaining a set of books and accounting records of the Trust, providing for the calculation of the net asset value of the Portfolio, determining eligibility and approving applications for membership in the Trust in accordance with the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust, supervising and coordinating the activities of any investment advisor, custodian, trustee, investment consultant, transfer agent, paying agent, accountant, auditor, attorney or other agent or service provider rendering services to the Trust, and performing any other related administrative duties. The Administrator is also responsible for the preparation and updating of this Informational Statement. Currently, the Florida League of Cities, Inc. sponsors and acts as Administrator for three governmental trusts that include the Florida Municipal Insurance Trust (FMIT); the Florida Municipal Pension Trust Fund (FMPTF); and the Florida Municipal Investment Trust (FMIvT). Investment Manager The Board of Trustees has entered into an agreement with the Florida League of Cities, Inc. to serve as investment manager to the portfolio. Portfolio management services are performed by Atlanta Capital Management Company, LLC (ACM), Atlanta, Georgia, under contract to the Florida League of Cities, Inc., Department of Financial Services. Under the terms of the contract, ACM manages the portfolio and directs the acquisition and disposition of the Trust’s investments in accordance with the guidelines established by the Trustees. Atlanta Capital Management Company is 80% owned by Eaton Vance Cop, a publicly-traded investment management firm listed on the New York Stock Exchange. The company manages approximately $9 billion of fixed income, equity, and balanced portfolios for public funds, employee benefit trusts, endowments and individual investors. Custodian Wells Fargo Bank, Minnesota, NA, serves as custodian bank for the Trust. The Custodian is responsible for holding all funds and securities in a separate account in the name of the Trust, collecting all income and principal due the Trust from securities held, accepting contributions and distributing redemptions, and properly accepting for delivery andor delivering securities in accordance with the Custody Contract between the Trust and the Custodian. Auditor Shorstein & Shorstein, P.A., Jacksonville, Florida, serves as independent external auditor for the Trust. The Auditor is responsible for auditing the Trust’s financial statements to determine if the statements are fairly presented in accordance with generally accepted accounting principles. Shorstein & Shorstein, P.A. also acts as independent auditor for the Florida League of Cities, Inc. and for the following entities which the Florida League of Cities, Inc. acts as administrator: Florida Municipal Insurance Trust, the Florida Municipal Pension Trust Fund, and the Florida Municipal Loan Council. Legal Counsel The Florida League of Cities, Inc.’s internal legal department serves as Legal Counsel to the Trust; and Foley & Lardner LLP, Jacksonville, Florida, was engaged to review the Informational Statement and the accompanying documents of the Trust. Notices Members shall be entitled to notice of changes to the Agreement and Declaration of Trust, Participation Agreement and this Informational Statement, which materially affect the Members’ rights under these documents. Notice to Members shall be made within sixty (60) days prior to the effective date of any change which materially affects the rights of Members as described in the Agreement and Declaration of Trust. Members shall have thirty (30) days from the date of the notice to withdraw or transfer their shares of beneficial interest without penalty. 10 de icipa1 stmcnt Trust Questions The Administrator of the Trust [Florida League of Cities, Inc., Reference: FMIvT 1 to 3 Year High Quality Bond Fund, Post Office Box 1757, 301 South Bronough Street, Tallahassee, FL 32302-1757, (850) 222-9684 or SUNCOM 278-5331, FAX (850) 222-3806] is available to answer any questions from 9:OO a.m. to 5:OO p.m. each business day. You may also access additional information through our web site at www.flcities.com. Supplemental Information The following Supplemental Information is provided as additional information and is not to be considered as part of the Informational Statement and may change without any advance notice to Members andor prospective participants: Model Ordinance/Resolution Board of Trustees Florida League of Cities, Inc. Investment Advisory Committee 11 da iclpal smnt Trust Model Ordinance/Resolution [Suggested Ordinance/Resolution Format for Governmental Unit Participation in the Florida Municipal Investment Trust1 ORDINANCE/RESOLUTION NO. An OrdinanceResolution authorizing governmental units as a participant in the Florida Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in the Trust. WHEREAS, Sec. 163.01, Fla. Stat., authorizes the state, or any county, municipality or political subdivision of the state, to jointly exercise any power, privilege, or authority which such governmental entities share in common and which each might exercise separately, and further provides such authority is in addition to and not in limitation of those granted by any other general, local, or special law; and WHEREAS, by Resolutions dated the 27th day of January, 1993, the 25th day of January, 1993, and the 14th day of January, 1993, the governing bodies of the City of Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, respectively, found the creation of the Florida Municipal Investment Trust serves a municipal purpose and will offer diversified and professionally managed portfolios for the investment of the assets of participating municipalities and other agencies or political subdivisions in or of the state; and WHEREAS, the authorized representatives for the City of Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, have executed the Agreement and Declaration of Trust on the 28th day of April, 1993, creating the Florida Municipal Investment Trust which governs the purpose, administration and operation of the Trust and its activities; and WHEREAS, the constitutional, statutory and judicial authorities in the State of Florida authorize municipalities and other agencies or political subdivisions in or of the state to join with other municipalities and other agencies or political subdivisions in or of the state for the purpose of investing and reinvesting surplus public funds; and WHEREAS, under the terms and provisions of the Agreement and Declaration of Trust creating the Florida Municipal Investment Trust any municipality and any other agency or political subdivision in or of the state desiring to participate in the Trust as a member must become a patty to the Agreement and Declaration of Trust; and WHEREAS, the Florida Municipal Investment Trust is an authorized investment under Section 218.415, Fla. Stat., for units of local government in Florida. WHEREAS, it is the intent of this Governmental Unit to participate in the Florida Municipal Investment Trust as a member and become a party to the Agreement and Declaration of Trust; (herein referred to as this “Governmental Unit”) to join with other local NOW, THEREFORE, BE IT ORDAINEDRESOLVED BY THIS GOVERNMENTAL UNIT: SECTION 1. This Governmental Unit finds that participation in the Florida Municipal Investment Trust, a pooled-investment program, would be in the best interest of the Governmental Unit, its officials, officers, and citizens in that such a program offers diversified and professionally managed portfolios to meet investment needs, results in economies of scale that will create greater purchasing powers and will thereby lower the cost traditionally associated with the investment of assets of the Governmental Unit. This Governmental Unit hereby expressly authorizes participation in the Florida Municipal Investment Trust as a member and will become a party to the Agreement and Declaration of Trust, as amended, which is adopted by reference with the same effect as if it had been set out verbatim in this section. SECTION 2. SECTION 3. This Governmental Unit is hereby expressly authorized to purchase shares of beneficial interest in the Trust from time to time with available funds, and to redeem some or all of its shares of beneficial interest from time to time as funds are needed for other purposes, subject to the terms and restrictions of the Agreement and Declaration of Trust referred to in Section 2 and the most recent Informational Statement. These actions are to be taken by the officers designated for this purpose pursuant to general or specific instructions by the governing body of this Governmental Unit. The Trustees of the Trust are designated as having official custody of this Governmental Unit’s funds which are invested by the purchase of shares of beneficial interest in the Trust. This Governmental Unit specifically finds and determines the following matters: (a) the conditions of the agreement and the rights and responsibilities of members of the Trust are set forth in the Agreement and Declaration of Trust, as amended and in the most recent Informational Statement; (b) participation in the Trust shall be terminable at any time by this Governmental Unit, subject to the terms and restrictions of the Agreement and Declaration of Trust, as amended and the most recent Informational Statement; (c) the Agreement and Declaration of Trust, as amended, and the purchase of its shares of beneficial interest are for the purpose of investing this Governmental Unit’s funds as part of a pooled-investment program with other agencies or political subdivisions in or of the state, thereby achieving economic and other advantages of pooled investments, and the powers and scope of authority delegated are set forth in the Agreement and Declaration of Trust, as amended; (d) it is not necessary to finance the agreement authorized herein from funds of this Governmental Unit, except through the purchase of shares of beneficial interest in the Trust; (e) the Trust shall be managed by a Board of Trustees as set forth in the Agreement and Declaration of Trust, as amended; and SECTION 4. SECTION 5. 12 da lcipal stmcnt Trust SECTION 6. SECTION 7. SECTION 8. (f) the Board of Trustees of the Florida Municipal Investment Trust adopted Resolution No. 93-2 providing for general disclosure policies of the Trust’s operations and Informational Statements for the benefit of members and prospective members of the Trust so that members and prospective members are fully aware of significant investment and administrative policies, practices and restrictions of the investment portfolios of the Trust. The Governmental Unit designates and authorizes the Director of Finance (or other authorized representatives) to execute such applications and other documents as are required to invest and reinvest surplus funds of the Governmental Unit in shares of beneficial interest of the Trust’s investment portfolios. The clerk of this Governmental Unit is hereby directed to furnish a certified copy of this OrdinancdResolution to the Florida League of Cities. This OrdinancdResolution shall take effect immediately upon its adoption. Adopted this day of ATTEST: (Mayor/Coinmissioner/etc.) 13 da lcipal stment Trust Board of Trustees The current seven members of the Board of Trustees of the Florida Municipal Investment Trust are: Julio Robaina, Chair Mayor, City of Hialeah John Marks Second Vice-president, Florida League of Cities, Inc. Bill Arrowsmith, Trustee Vice Mayor, City of Apopka Larry Schultz, Trustee Mayor, City of Rockledge Robert Margolis, Trustee Vice Mayor, Village of Wellington Carl McKoy, Trustee Vice Mayor, City of Boynton Beach Susan Starkey, Trustee Councilmember, Town of Davie 14 t Trust Investment Advisory Committee The Florida League of Cities, Inc. as Administrator of the Trust appointed the following individuals to an Investment Advisory Committee: G. Michael Miller (“Mickey”), Chair Chief Financial Officer City of Jacksonville Leon County Robert B. Inzer Clerk of the Circuit Court Joseph LoBello Director of Finance Town of Juno Beach Margaret Simmons Finance Director City of Clearwater Mervyn C. Timberlake, Jr Financial Services Director City of Boca Raton Francine Ramaglia Director of Administrative Services Village of Wellington Jane Struder Finance Director Town of Palm Beach William F. Underwood, I1 City Manager City of Belle Glade Bonnie Wise Director of Revenue and Finance City of Tampa The Investment Advisory Committee acts as a sounding board and provides the Administrator with valuable assistance in developing and maintaining the investment guidelines and policies of the Trust. 15 rida nicipal estment Trust INTERMEDIATE HIGH QUALITY BOND FUND INFORMATIONAL STATEMENT As of September 27,2007 Florida Municipal Investment Trust Administered by the Florida League of Cities, Inc. 301 South Bronough Street P.O. Box 1757 Tallahassee, Florida 32302-1 757 Telephone (850) 222-9684 Fax (850) 222-3806 www.flcities.com da iclpal stmrnt Trust Table of Contents Introduction .................................................................................................................................................................................. 2 Eligibility ..................................................................................................................................................................................... 2 Investment Objective ................................................................................................................................................................... 2 Investment Risk ............................................................................................................................................................................ 2 Rating and Compliance Monitoring ............................................................................................................................................. 3 Authorized Investments and Techniques ..................................................................................................................................... 3 Additional Portfolio and Security Restrictions .. ..................................................................................................................... 6 Portfolio Characteristics ............................................................................................................................................................... 6 Additional Security Restrictions .................................................................................................................................................. 6 To Open an Account ..................................................................... .......................................................................................... 7 Contributions ................................................................................................................................................................................ 7 Redemptions .................................................................................. ....................................................................................... 7 Exchanges .................................................................................................................................................................................... 8 Dividends ................................................................... ...................................................................................... 8 Portfolio Valuations and Total Return Calculations .. ...................................................................................... 8 Accounting Policies ................................................... ............................................................................................. 9 Fees and Expenses ....................................................................................................................................................................... 9 Reports to the Members .................................................. ....................................................................................... 9 Minimum Transaction Amounts and Balance ................. ....................................................................................... 9 Liability and Indemnification ........ ....................................................................................... 9 Administrator ................................ .................................................................................................................................... 10 Investment Manager ................................................................................................................................................................... 10 Custodian ................................................................................................................... : ............................................................... 10 Auditor ..................... ........... ................................................................................................................ 10 Legal Counsel ..................................................................................................................................................................... Notices ....................................................................................................................................................................................... 10 Questions .................................................................................................................................................................................... 11 Supplemental Information .......................................................................................................................................................... 11 Model Ordinance/Resolution ..................................................................................................................................................... 12 Board of Trustees ....................................................................................................................................................................... 14 Investment Advisory Committee ............................................................................................................................................... 15 1 Introduction The Informational Statement is designed to set forth the policies and procedures governing the Florida Municipal Investment Trust’s Intermediate High Quality Bond Fund (“the Portfolio”), formerly known as the Intermediate Term Bond Portfolio, and contains information that each prospective participant should be aware of prior to investing in the Portfolio. The Florida Municipal Investment Trust (the “Trust”) is an interlocal governmental entity created under the laws of the State of Florida to provide eligible units of local government with an investment vehicle to pool their surplus funds and to invest such funds into one or more investment portfolios under the direction and daily supervision of an investment advisor. The Trust was established and created by the City of Palatka, Florida; the City of Lauderhill, Florida; and the City of Bradenton, Florida and operates under the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust dated April 28, 1993, as amended. The Trust is governed by a Board of Trustees, which shall be composed of no less than five members and no more than seven. The Board of Trustees shall always consist of the President or the President’s appointee and the Second Vice President of the Florida League of Cities, Inc. by virtue of their office and two representatives from the Florida Municipal Insurance Trust. Representatives from the Florida Municipal Insurance Trust are appointed by its Board of Trustees. An additional three members of the Board of Trustees may be elected to the Board by the Board of Trustees. The additional board members must each be an elected official of an active member of the Trust. The Florida League of Cities, Inc. acts as Administrator to the Trust. Atlanta Capital Management Co. acts as Investment Manager to the Portfolio. Pursuant to the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust, the Board of Trustees shall have the power to conduct the affairs of the Trust including, but not limited to, the authority to invest in, reinvest in, purchase or otherwise acquire, own, hold, pledge, sell, assign, transfer, exchange, distribute, lend or otherwise deal in or dispose of investments, as provided for in the Statement of Investment Policy and as set forth by this Informational Statement. The Trust shall hold legal title to all funds, investments and assets of the Trust on behalf of the Members of the Trust. Eligibility Membership in the Trust is limited to agencies or political subdivisions in or of the State of Florida. Agencies or political subdivisions in or of the State of Florida include, but are not limited to: the state, its agencies, counties, municipalities, special districts, school districts, and any other governmental entities. Each prospective participant must become a member of and a party to the Trust and agree to abide by the terms and conditions as set forth in the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust, as amended. Prior to investing in the Trust, each prospective participant should receive and review a copy of the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust and Statement of Investment Policy as amended. Investment Objective The Intermediate High Quality Bond Fund is designed to provide an investment pool alternative to those Members that have excess funds and that have an investment horizon greater than that of money market instruments. The Portfolio will generally invest in securities with greater potential returns and risk than those offered by money market type instruments. Due to the fact that the Portfolio will be investing in securities with an average maturity of approximately five years, increases in interest rates will cause declines in the net asset value of the Portfolio. Therefore, the Portfolio may be an inappropriate investment for funds required to meet short-term needs. In order to emphasize the longer-term nature of the Portfolio and to provide a disincentive to utilize the Portfolio as a money market fund alternative, the portfolio will only be open once a month to accept contributions or remit redemptions (please see “Contributions” and “Redemptions”). Investment Risk Because the Portfolio invests in fixed income securities, each Member will be exposed to five types of risk associated with investing in fixed income securities. 1) Interest rate risk, which is the potential for fluctuations in bond prices due to changes in interest rates. 2) Reinvestment risk, which is the potential for a decline in the Portfolio’s income due to falling market interest rates. 3) Credit risk, which is the possibility that a bond issuer will fail to make timely payment of either interest or principal to the Portfolio. 4) Prepayment risk (for Collateralized Mortgage Obligations (“CMOS”) and Asset Backed Securities (“ABSs”) or call risk (for some agency and corporate bonds), which is the likelihood that, during periods of falling interest rates, securities with high stated interest rates will be prepaid or called prior to maturity, requiring the Portfolio to invest the proceeds at generally lower interest rates. 5) Liquidity risk, which is the possibility that the liquidity of the market for a security may decline thereby (i) making it more difficult to dispose of the security promptly; (ii) presenting difficulties in valuation of the security; and (iii) causing the security to experience greater price volatility. 2 The Portfolio is subject to interest rate, credit and liquidity risk, which may cause a loss of principal. The market value of the securities in which the Portfolio invests will fluctuate in value as interest rates, credit and liquidity conditions change, which will affect the Portfolio’s net asset value and each Member’s net asset value per share. The Board of Trustees has specified that the Portfolio’s modified duration be not less than 70% of the modified duration of the Lehman Brothers Intermediate Govemment/Credit (ex Baa) + ABS + MBS Index and not greater than the lesser of (a) 130% of the modified duration of the Lehman Brothers Intermediate Govemment/Credit (ex Baa) + ABS + MBS Index, or (b) 4.5 years. Historically, the Lehman Brothers Intermediate Govemment/Credit (Ex Baa) + ABS + MBS Index’s modified duration has been approximately 3.38 years. Modified duration is used as a measure to estimate a security’s and/or portfolio’s interest rate or price volatility due to changes in interest rates or how much a security and/or portfolio is expected to increase or decrease in value for a given change in interest rates. Typically, the higher the modified duration of a security and/or portfolio, the greater the interest rate risk or price volatility the security and/or a portfolio will have. As an example, if interest rates were to increase by one hundred basis points, or one percent, the market value of a bond with a modified duration of two years would decrease by approximately two percent, all other factors remaining constant. The Portfolio is expected to maintain a modified duration in a range of 3.0 to 4.5 years. The calculation of modified duration involves a subjective judgment made as to the prepayment risk or call risk associated with securities in the Portfolio. Consequently, it may not be possible to calculate modified duration precisely in all circumstances. Additionally, the modified duration of the Portfolio may change even if the composition of the Portfolio does not change. Shares of the Portfolio are neither insured nor guaranteed by any agency of the U.S. Government, including the FDIC. Rating and Compliance Monitoring The Trust will seek to maintain a bond fund rating on the Portfolio of AAAN3 from Fitch Ratings (“Fitch”). Fitch is a nationally recognized statistical rating organization (NRSRO) serving investors, regulators and issuers. Funds having a “AAA” bond fund credit rating from Fitch are composed of a preponderance of assets that carry the highest credit ratings from Fitch or from at least one other NRSRO. Ratings are based on an evaluation of several factors, including credit quality and diversification of assets within the portfolio, management strength and operational capabilities. Bond fund credit ratings are expressed on a scale of “AAA” through “B”. Funds having a “V3” bond fund volatility rating from Fitch are considered to have moderate volatility. Total retums are expected to perform consistently over intermediate- to long-term holding periods, but will exhibit greater variability over shorter periods due to greater exposure to interest rates and changing market conditions. Bond fund volatility ratings are an opinion as to the relative sensitivity of the total return (including price) on a fund’s net asset value per share to a broad array of assumed changes in interest rates and other market conditions. Bond fund volatility ratings are expressed on a scale of “V1+” (least volatile) through “Vlo” (most volatile). The “V1+” rating is assigned only to money market funds and local government investment pools that should not experience loss of principal value to shareholders or participants even in severely adverse interest rate environments. Investors should understand that funds with any volatility rating other than a “V1+” may experience losses in the event of adverse changes in market conditions. Ratings are not a recommendation to buy, sell or hold any security or fund. They do not comment on adequacy of the market price paid for any security or fund, or the suitability of any security or fund for any investor. Fitch’s bond fund ratings are based on information provided to Fitch by sources deemed by Fitch to be reliable; however, Fitch does not verify the accuracy of this information. Ratings may be changed, withdrawn, or suspended by Fitch in the event of changes in, or the unavailability of, information or for other reasons. There can be no assurances that the Portfolio will maintain a AAAN3 rating. Asset Consulting Group, Inc. (ACG) has been retained to provide a review of the Portfolio’s holdings as of the end of a quarter for compliance with the Portfolio’s investment policy, portfolio characteristics and any additional security restrictions as set forth in this Informational Statement. Such review will be submitted to the Board of Trustees and will be available to Members on request. ACG has not and does not conduct this compliance review of securities at the time of purchase or at other time periods in the calendar quarter, and therefore cannot comment on the Portfolio’s adherence to its investment policies at any other points in time. Authorized Investments and Techniques In an effort to accomplish the objectives of the Trust, the Board of Trustees has authorized the Portfolio to invest in the following investment instruments: Repurchase Agreements in which the maximum maturity at purchase shall not exceed 180 days with a total average maturity, at any point in time, for all repurchase agreements held, of not greater than 60 days. Repurchase Agreements 3 da iclpal Stmtnt Trust may be considered to be loans by the Portfolio to the seller, collateralized by the underlying securities. Repurchase Agreements with maturities exceeding seven days are illiquid. It is the intention of the Portfolio to focus on Repurchase Agreements with maturities of seven days or less. Direct obligations of the United States Treasury including Bills, Notes, Bonds and various forms of Treasury zero- coupon securities. Zero coupon securities are generally subject to greater fluctuations in value in response to changing interest rates than coupon bearing securities with the same maturity. Commercial paper issued in the United States by any corporation, provided that such instrument carries a rating of "AlL'l" (or comparable rating) as provided by two of the top NRSROs; and that the corporation's long term debt, if any, is rated at least "AI/A+" (or a comparable rating) by a NRSRO or, if backed by a letter of credit (LOC), the long term debt of the LOC provider must be rated at least "AA" (or a comparable rating) by at least two of the NRSROs publishing ratings for financial institutions. The maximum maturity shall not exceed 270 days from the time of pur- chase. Banker's Acceptances issued within the U.S. by institutions with a long-term debt rating of at least "AA" or short-term debt rating of "PI" (or comparable ratings), as provided by one NRSRO. The Portfolio may own no more than five percent in Banker's Acceptances issued by any one depository institution at one time. Maximum maturity shall not exceed 270 days from the time of purchase. Banker's Acceptances are negotiable drafts which are accepted by a bank, meaning in effect, that the bank unconditionally agrees to pay the face value of the instrument on maturity. Banker's Acceptances rank junior to deposit liabilities of the bank and pan passu (i.e., side by side) with other senior, unsecured obligations of the bank. Nonnegotiable Certificates of Deposit issued by Florida Qualified Public Depositories as identified by the State Treasurer's office andor negotiable Certificates of Deposit issued in U.S. dollars by institutions, provided such institution carries a short term rating of at least "Al/Pl" (or comparable rating) and a long term rating of at least "A" (or comparable rating) as provided by two of the top NRSROs. The Portfolio may own no more than $5,000,000 in certificates of any one depository institution at one time. Maximum maturity on any certificate shall be 2 years. Certificates of Deposit with a stated maturity date may be subject to early withdrawal penalties. Deposits are insured by the Federal Deposit Insurance Corporation (FDIC) only to the extent of $100,000 per depositor per bank. In Florida, deposits of local governments are eligible for additional sources of repayment due to Florida Qualified Public Depository requirements. Obligations of the agencies or instrumentalities of the Federal Government including but not limited to the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Home Loan Banks, Federal Farm Credit Banks, Student Loan Marketing Association, and the Resolution Funding Corporation. Obligations of certain agencies and instrumentalities in which the Portfolio may invest are not supported by the fill faith and credit of the U.S. Treasury. Money Market Mutual Funds as defined and regulated by the Securities Exchange Commission. Mortgage obligations (both fixed and adjustable) guaranteed by the United States Government and sponsored agencies andor instrumentalities including but not limited to the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. Mortgage-backed securities, including mortgage-pass through securities and Collateralized Mortgage Obligations (CMO) issued, guaranteed or backed by an agency or instrumentality of the Federal Government or other mortgage securities including CMOS rated AAA or equivalent by a NRSRO. Derivative mortgage securities, such as interest only, principal only, residuals and inverse floaters, are prohibited. Mortgage securities represent participations in, or are collateralized by and payable from, mortgage loans secured by real property. The investment characteristics of both adjustable rate and fixed rate mortgage securities differ from those of traditional fixed income securities. The major differences include the payment of interest and principal on a more fiequent schedule, and the possibility that principal may be prepaid at any time due to prepayments on the underlying mortgage loans and other assets. These differences can result in greater price and yield volatility than is the case with traditional fixed income securities. Prepayments on a pool of mortgage loans are influenced by a variety of factors, including economic conditions, changes in mortgagors' housing needs, job transfers, unemployment, mortgagors' net equity in the mortgaged properties and servicing decisions. The timing and level of prepayments cannot be precisely predicted. The Portfolio may invest in CMOS that provide for floating rates of interest or in participations in pools of adjustable rate mortgage loans. As the coupon rate on such CMOS reset or the interest rates on adjustable rate mortgage loans adjust periodically, the prices of such mortgage securities should fluctuate less than long-term, fixed income securities. However, certain interest rate indexes to which CMOS reset, or pursuant to which adjustable rate mortgage loans adjust, may lag changes'in current market rates of interest. Moreover, floating rate CMOS are typically issued with lifetime "caps and floors" on the coupon rate. Similarly, adjustable rate mortgage 4 t Trust loans may have caps and floors as well as limits as to the maximum change during any adjustment period. Consequently, the market value of floating rate CMOS and participations in pools of adjustable rate mortgage loans may decline significantly during periods of rising interest rates. Because of their complexity, the market for many mortgage securities may be less liquid, thereby exposing such securities to increased liquidity risk. Corporate Fixed Income Securities issued by any corporation in the United States with any A rating by a NRSRO. A Manager may hold no more than 5 percent of the invested account in any one corporation at the time of purchase. Asset-Backed Securities issued in the United States. In general, the collateral supporting asset-backed securities is of shorter maturity than mortgage loans and is less likely to experience substantial unscheduled prepayments. However, the collateral securing such Securities may be more difficult to liquidate than mortgage loans. U.S. dollar-denominated and issued obligations and securities of foreign sovereign states or non-U.S. corporations (referred to as Yankee bonds), which are rated A or better by a NRSRO. Foreign issuers are not generally subject to accounting, auditing and financial standards and practices comparable to U.S. Issuers. Securities of State, Municipal and County Governments or their public agencies, which are rated in the three highest rating categories by a NRSRO. The two principal classifications of such securities are “general obligation” and “revenue” securities. Both are typically exempt from federal income taxes and therefore, usually cany lower coupon rates. “General obligation” securities are secured by the issuer’s pledge of its full faith and credit and taxing power for the payment of principal and interest. “Revenue” securities are usually payable only from the revenues derived from a particular facility or class of facilities or, in some cases, from the proceeds of a special excise tax or other specific revenue source. Industrial development bonds are usually revenue securities, the credit quality of which is normally directly related to the credit standing of the industrial user involved. The market for many securities issued by state, municipal and county governments or their public agencies may be illiquid. The Portfolio will only invest in larger, more liquid issues. Commingled governmental investment trusts, no-load investment funds, or no-load mutual funds in which all securities held by the trusts or funds are authorized investments as provided herein or as may be approved by the Board of Trustees. Guaranteed Investment Contracts (GICs) issued by insurance companies rated in the highest category by AM Best Rating System and maintaining a minimum claims paying ability of AA/Aa by a NRSRO. GICs are contracts issued by insurance companies. GICs bear a fixed rate of interest and have a fixed maturity date. GICs are typically unsecured and limited recourse obligations of the insurance company. The market for GICs is usually illiquid. Investment Agreements with other financial institutions. If collateralized, the collateral securing the investment agreement shall be limited to those securities authorized for purchase by this investment policy. The invested amount the Portfolio may own, at one time, is no more than $10,000,000 in investment agreements from any one financial institution. Investment Agreements are obligations of financial institutions typically bearing a fixed rate of interest and having a fixed maturity date. Investment agreements are privately negotiated and illiquid. At the present time, the Portfolio does not anticipate investing in Investment Agreements. Reverse Repurchase Agreements may be considered to be collateralized borrowings by the Portfolio. The use of Reverse Repurchase Agreements to leverage the Portfolio’s investments is an investment technique which increases investment risk, but also increases investment opportunity. Interest costs on borrowings may exceed the returns on borrowed funds. Under adverse conditions, the Portfolio might have to sell securities to meet interest or principal payments at a time when investment considerations would not favor such sales. Securities lending with approved dealers and custodians. Securities lending involves the loan by the Portfolio of a specific security held by the Portfolio to an approved counterparty. All securities loans made by the Portfolio will be fi~lly secured by collateral in the form of cash andor securities issued or guaranteed by the U.S. government, its agencies or instrumentalities, or by Letters of Credit (LOC). Interest earned on the collateral either will be shared with the borrower or the borrower will retain the interest and the Portfolio will charge a fee to the borrower. The Portfolio will receive any interest or dividends paid on the loaned securities. The Portfolio may incur additional custodial fees in connection with lending portfolios and may incur less brokerage fees. Typically the borrower must return loaned securities to the Portfolio within three business days after being requested by the Portfolio. The Board of Trustees may authorize the Portfolio to invest in additional types of investment instruments; however, no material change in authorized investments will be made without first giving notice to members in accordance with the “Notices” section of this informational statement. 5 t Trust Additional Portfolio and Security Restrictions In addition, the Board of Trustees has adopted the following portfolio characteristics and security restrictions in order to reduce the Portfolio’s risk of default and price volatility due to changes in interest rates: Portfolio Characteristics All percentages indicated below shall be valued at market Maintain duration equal to the established index, plus or minus thirty percent but no greater than four and one half years. Maintain a minimum bond fund credit rating of AAA. Invest at least thirty percent of the portfolio in Direct U.S. Government Obligations, U.S. Government Agency Obligations, or U.S. Government Instrumentalities Obligations. A maximum of seventy-five percent of the portfolio may be invested in Direct U.S. Government Obligations, U.S. Government Agency Obligations, or U.S. Government Instrumentalities Obligations. A maximum of sixty percent of the portfolio may be invested in mortgage securities including CMOs. A maximum of thirty-five percent of the portfolio may be invested in Corporate and Yankee Debt Obligations. A maximum of thirty percent of the portfolio may be invested in ABSs. A maximum of ten percent of the portfolio may be invested in Taxable Municipal Debt Obligations. With the exception of those items mentioned above, a maximum of twenty-five percent of the portfolio may be invested in securities not represented by the established index. Reverse Repurchase Agreements andor other forms of financial leverage will be limited to thirty percent of the Portfolio. Securities lending activity with approved dealers and custodians. A maximum of twenty percent of the portfolio may be invested in Guaranteed Investment Contracts. Additional Security Restrictions Minimum long-term credit rating of A for all corporate securities. Minimum long-term credit rating of ANAa for all Taxable Municipal Debt Obligations. Minimum claims paying ability of ANAa by a nationally recognized statistical rating organization (NRSRO) for all Guaranteed Investment Contracts. Maximum of three percent of the portfolio at the time of purchase and five percent of the portfolio at market may be invested in corporate securities of an individual issuer. Maximum of five percent of the portfolio at market may be invested in individual trusts of ABS and Non-Agency CMO’s. Minimum long term credit rating of ANAa for Investment Agreements unless collateralized. If collateralized, a minimum of a 102% margin will be maintained depending on the collateral provided. All securities, except as described below, will have a final maturity of 11 years or less. If a security has a put feature, the put date will be used as the final maturity. Mortgage pass-throughs, CMOs, ABSs and any other security that does not have a fixed maturity date or a reasonable fixed repayment schedule would have to meet at least one of the following conditions: 0 A final payment “window” of 11 years or less based upon the then prevailing prepayment assumptions as determined by Bloomberg, Merrill Lynch Passport or other pricing or securities firms with demonstrated expertise in prepayment forecasting for such securities. 6 t Trust e A security’s price volatility given the then prevailing prepayment assumptions as determined above, cannot exceed the price volatility of 2x the Intermediate GovernmentKredit (Ex-Baa) + ABS + MBS Index (price volatility for the Intermediate GovernmentKredit (Ex-Baa) + ABS + MBS Index is defined as the modified duration of the Index as published by Lehman Brothers). To Open an Account To become a member of the Florida Municipal Investment Trust, each governmental entity’s governing body must approve by an ordinance, resolution or other appropriate means, the entity’s participation in the Florida Municipal Investment Trust and provide staff with the appropriate authority to execute the Participation Agreement. Upon approval by the governing body, each prospective participant must complete a Membership Application Form, Participation Agreement, Signature Card, and a certified copy of the document passed by the governing body and submit the completed forms to the Administrator at: Florida Municipal Investment Trust P.O. Box 1757 301 South Bronough Street Tallahassee, FL 32302-1757 If your unit of local government has a written investment plan which provides for the establishment of a written investment policy, please provide a copy of your Investment Policy along with the other enrollment forms described above. In addition to or in lieu of establishing a written investment plan, please reference that your unit of local government is participating in the FMIvT pursuant to Section 218.415 Fla. Statute which authorizes that the FMIvT is an authorized investment for units of local government in Florida. The Membership Application Form, Participation Agreement, Signature Card and ordinance or resolution are then reviewed and, if found to be in proper order, an account is opened and an account number assigned. There is no limit to the number of accounts that can be opened by a Member. The Administrator will inform the governmental entity of the acceptance and approval of the Membership Application Form, Participation Agreement, Signature Card and the account number assigned. Included with this Informational Statement are copies of the Membership Application Form, Participation Agreement, Signature Card and model OrdinanceResolution. Contributions The Portfolio will be open once a month to accept contributions from Members. Contributions will be credited on the first business day following a Portfolio Valuation (please see Portfolio Valuations). Contributions to the Portfolio, including new accounts, can be made by wire transfer through the Federal Reserve or by check. The minimum initial contribution amount is fifty thousand (50,000) dollars and five thousand (5,000) dollars for subsequent contributions. Members will be required to provide the Administrator with advance written notification of contributions five business days prior to the valuation of the Portfolio (please see Portfolio Valuations). Contributions made by check must be received by the Portfolio’s Custodian five business days prior to a Portfolio Valuation. Contributions made by wire transfer must be through the Federal Reserve and received by the Portfolio’s Custodian on the day of a Portfolio Valuation. Only contributions received and collected in a timely manner will be credited to the Member’s account based on the net asset value of the Portfolio as determined on the Portfolio Valuation date. A Member will be charged for any investment losses or any interest expense incurred on behalf of the Trust due to the Member’s failure to remit contributions in a timely manner as set forth in this Informational Statement. If in the Administrator’s opinion, the Portfolio andor the Portfolio’s net asset value would be adversely affected by accepting contributions made by a Member or Members, the Administrator may limit andor cease accepting contributions to the Portfolio. Redemptions The Portfolio will be open once a month to make redemptions to Members. Redemptions will be made on the first business day following a Portfolio Valuation (please see Portfolio Valuations). The minimum redemption amount is five thousand (5,000) dollars or the Member’s entire remaining account balance if the Member’s balance falls below fifty thousand (50,000) dollars. Members will be required to provide the Administrator with advance written notification of redemption five business days prior to the valuation of the Portfolio (please see Portfolio Valuations). Redemptions from the Portfolio will be made by wire transfer through the Federal Reserve or by check, as indicated by the Member in the Membership Application Form, on the next business day following a Portfolio Valuation. Wire transfers will be made by the Portfolio’s 7 rida nfcipai estment Trust Custodian through the Federal Reserve to the financial institution specified in the Membership Application Form. Checks will be mailed by the Portfolio’s Custodian to the Member’s address as set forth in the Membership Application Form. If in the Administrator’s opinion, the Portfolio andor Portfolio’s net asset value would be adversely affected by honoring a Member’s redemption request, the Administrator may limit the Member’s redemption to two (2) million dollars or ten (10) percent of the Portfolio’s net asset value, whichever is greater. In the event that the Administrator does invoke a limitation on a Member’s redemption request, the Administrator will redeem sufficient shares of beneficial interest such as to pay the Member two (2)-million dollars or ten (10) percent of the Portfolio’s net asset value each time the Portfolio is open to make redemptions until such time as the Member’s redemption request is honored. The Trust may declare a suspension of the right of redemption or postpone the date of payment or redemption for the whole or part of any period (i) during which the New York Stock Exchange is closed other than customary weekend and holiday closings, (ii) during which trading on the New York Stock Exchange is restricted, or (iii) during which an emergency exists as a result of which disposal by the Trust of securities owned by it is not reasonably practicable, or it is not reasonably practicable for the Trust to fairly determine the value of its net assets. In the event of an emergency, Members may request an early redemption from the Portfolio. An early redemption is a request by a Member to redeem shares of beneficial interest either (a) as of a date other than the first business day following a Portfolio Valuation date, or (b) without having provided the Administrator with the required advance written notification of redemption. Members will be required to submit to the Administrator a written request for an early redemption from the Portfolio detailing the circumstances and reasoning for the early redemption. The Administrator has sole discretion in approving a request for early redemption. Upon approval of the early redemption by the Administrator, a net asset value for the Portfolio will be determined. Members requesting an early redemption will be responsible to reimburse the Portfolio for any fees associated with determining the net asset value of the portfolio andor any penalty charges, losses and other costs (including, without limitation, interest paid on borrowed funds to pay the redemption) associated with amending, terminating, selling or otherwise affecting any of the investments in the Portfolio, and an amount sufficient to maintain the projected yield on the remaining shares of beneficial interest to the next valuation date of the Portfolio. At the discretion of the Administrator, such amount may be deducted from the proceeds of an early redemption. When a Member requests to redeem its entire balance (full redemption), the Trust will do so at the net asset value per share as determined at the Portfolio’s next valuation date. Payment for redemption will be made to the Member in two installments- 1) a “partial distribution” of no more than 90% of the previous period’s participant balance to be wired on the first business day following the Portfolio Valuation date and 2) the “remaining balance” of the Member’s shares to be redeemed after the period’s Net Asset Value is determined and all reportsktatements have been received and verified by the Administrator. Exchanges Members may exchange shares of beneficial interest from one Trust portfolio to another. Exchanges will be considered to be a redemption from one portfolio and a contribution to another portfolio and will be done based on each portfolio’s most recent calculated net asset value per share. Exchanges can only be done when both portfolios are open to Members for contributions andor redemptions. Members will be required to provide the Administrator with advance written notification of exchanges five business days prior to the valuation of both Portfolios (please see Portfolio Valuations). Dividends The Portfolio does not distribute income or capital gains. All income earned and capital gains realized by the Portfolio are retained by the Portfolio and reinvested. Portfolio Valuations and Total Return Calculations The net asset value of the Portfolio will be determined once a month, as of 4:OO p.m. on the last business day of the month. The net asset value of the Portfolio is calculated by adding the fair market value of all securities and assets held by the Portfolio, including accrued interest and amounts owed to the Portfolio for securities sold or principal and income not collected as of the Portfolio Valuation date, less any liabilities of the Portfolio. The value of each Member’s account is determined by dividing the net asset value of the Portfolio by the total number of shares of beneficial interest, multiplied by the number of shares owned by the Member. Prices for securities held in the Portfolio shall be valued at the most recent bid price or yield equivalent as obtained from one or more market makers for such securities, except that any securities designated as money market securities may be valued using the amortized cost method based upon the Portfolio’s acquisition of the security. All other securities and assets will be valued at the fair market value determined in good faith by the Board of Trustees or such other party designated by the 8 rida niclpal estment Trust Trustees. Market makers are to include any independent third party that the Administrator or the Trust may contract with to provide prices. Independent third parties may include the Portfolio’s Custodian or any nationally recognized provider of security prices and other financial information. From time to time the Trust may report the Portfolio’s average annual compounded returns. The Portfolio’s average annual compounded rate of return refers to the rate of return which, if applied to an initial investment in the Portfolio at the beginning of a stated period and compounded over the period, would result in the redeemable value of the investment at the end of the stated period. The following formula describes the calculation of an average annual compounded rate of return: P( 1+T)” = ERV P = a hypothetical initial investment of $1,000 T = average annual compounded rate of return n = number of years ERV = ending redeemable value The Portfolio may also report its total return for periods of one year or less. Total return is determined by (i) assuming a hypothetical investment at the beginning of a period, (ii) calculating the ending value of the investment at the end of the stated period, (iii) subtracting the amount of the hypothetical original investment from the ending value of the investment, and (iv) dividing the remainder so obtained by the amount of the original investment. The calculated amount is then expressed as a percentage by multiplying by 100. All such performance information for the Portfolio will be based on historical performance and should not be considered to be indicative of the Portfolio’s future performance. Accounting Policies The Trust follows generally accepted accounting principles (G.A.A.P.) and industry practices for external investment pools as established by the Governmental Accounting Standards Board. Fees and Expenses The Trust has entered into an agreement with the Florida League of Cities, Inc. (the League) to provide administrative services to the Portfolio for nine (9) basis points of the net asset value of the Portfolio. The Florida League of Cities, Inc., on behalf of the Trust, has entered into an agreement with Atlanta Capital Management Co. to provide investment management services and with Wells Fargo Bank to provide custodian services. Investment Management fees are ten (10) basis points of the net asset value of the Portfolio. Additionally, the Portfolio will incur its proportionate share of audit fees, rating and compliance fees, general insurance expense, legal fees, Trustees fees and other operating fees. The Trust pays each Trustee two hundred dollars plus reimbursement for reasonable travel expenses for each board meeting attended. The Trust expects that expenses for the Portfolio will be approximately twenty-three (23) basis points. The Portfolio engages in securities lending to generate income to offset a portion of the above expenses. On an annual basis, the Portfolio estimates that the income generated from securities lending will offset five (5) basis points of expenses. There is no guarantee that expenses less securities lending income will not exceed eighteen (18) basis points. Reports to the Members Each Member will receive a monthly statement of its account showing the current balance and monthly activity as well as current and historical portfolio performance. Annually, each Member will be provided an annual financial statement of the Portfolio audited by the Trust’s independent auditors. Minimum Transaction Amounts and Balance The minimum initial contribution amount is fifty thousand (50,000) dollars and five thousand (5,000) dollars for subsequent contributions. The minimum redemption amount is five thousand (5,000) dollars or the Member’s entire remaining account balance if the Member’s balance falls below fifty thousand (50,000) dollars. The Trust reserves the right to redeem any Member’s account that falls below the minimum initial contribution of fifty thousand (50,000) dollars, provided the Trust provides the Member with thirty (30) days prior written notice. Liability and Indemnification In accordance with the Agreement and Declaration of Trust, no Member shall be subject to any personal liability whatsoever to any person in connection with the Trust property or the acts, obligations, or affairs of the Trust. No Trustee, officer, employee, or agent of the Trust shall be subject to any personal liability whatsoever to any person in connection with the 9 t Trust Trust property or the affairs of the Trust, except that arising from bad faith, willful misfeasance, gross negligence, or reckless disregard of their duty to such person; and all such persons shall look solely to the Trust property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. The Trust shall indemnify and hold each Member harmless from and against all claims and liabilities arising from the actions of the Trust to which such Member may become subject by reason of its being or having been a Member of the Trust and shall reimburse such Member(s) for all legal and other expenses reasonably incurred by it in connection with any such claim or liability. Please see the Agreement and Declaration of Trust for additional liability limitations and indemnification. Administrator The Board of Trustees has entered into an agreement with the Florida League of Cities, Inc. to serve as Administrator of the Trust’s operations. The Administrator is responsible for servicing Members’ accounts, maintaining a register of Members and shares of beneficial interest owned, maintaining a set of books and accounting records of the Trust, providing for the calculation of the net asset value of the Portfolio, determining eligibility and approving applications for membership in the Trust in accordance with the Agreement and Declaration of Trust Creating the Florida Municipal Investment Trust, supervising and coordinating the activities of any investment advisor, custodian, trustee, investment consultant, transfer agent, paying agent, accountant, auditor, attorney or other agent or service provider rendering services to the Trust, and performing any other related administrative duties. The Administrator is also responsible for the preparation and updating of this Informational Statement. Currently, the Florida League of Cities, Inc. sponsors and acts as Administrator for three governmental trusts that include the Florida Municipal Insurance Trust (FMIT); the Florida Municipal Pension Trust Fund (FMPTF); and the Florida Municipal Investment Trust (FMIvT). Investment Manager The Board of Trustees has entered into an agreement with the Florida League of Cities, Inc. to serve as investment manager to the portfolio. Portfolio management services are performed by Atlanta Capital Management Company, LLC (ACM), Atlanta, Georgia, under contract to the Florida League of Cities, Inc. Department of Financial Services. Under the terms of the contract, ACM manages the portfolio and directs the acquisition and disposition of the Trust’s investments in accordance with the guidelines established by the Trustees. Atlanta Capital Management Company is 80% owned by Eaton Vance Corp., a publicly-traded investment management firm listed on the New York Stock Exchange. The company manages approximately $9 billion of fixed income, equity, and balanced portfolios for public funds, employee benefit trusts, endowments and individual investors. Custodian Wells Fargo Bank, Minnesota, NA, serves as custodian bank for the Portfolio. The Custodian is responsible for holding all funds and securities in a separate account in the name of the Trust, collecting all income and principal due the Trust from securities held, accepting contributions and distributing redemptions, and properly accepting for delivery and/or delivering securities in accordance with the Custody Contract between the Trust and the Custodian Auditor Shorstein & Shorstein, P.A., Jacksonville, Florida, serves as independent external auditor for the Trust. The Auditor is responsible for auditing the Trust’s financial statements to determine if the statements are fairly presented in accordance with generally accepted accounting principles. Shorstein & Shorstein, P.A. also acts as independent auditor for the Florida League of Cities, Inc. and for the following entities which the Florida League of Cities, Inc. acts as administrator: Florida Municipal Insurance Trust, the Florida Municipal Pension Trust Fund, and the Florida Municipal Loan Council. Legal Counsel The Florida League of Cities, Inc.’s internal legal department serves as Legal Counsel to the Trust; and Foley & Lardner LLP, Jacksonville, Florida, was engaged to review the Informational Statement and the accompanying documents of the Trust. Notices Members shall be entitled to notice of changes to the Agreement and Declaration of Trust, Participation Agreement and this Informational Statement, which materially affect the Members’ rights under these documents. Notice to Members shall be made within sixty (60) days prior to the effective date of any change which materially affects the rights of Members as 10 described in the Agreement and Declaration of Trust. Members shall have thirty (30) days from the date of the notice to withdraw or transfer their shares of beneficial interest without penalty. Questions The Administrator of the Trust [Florida League of Cities, Inc., Reference: FMIvT Intermediate High Quality Bond Fund, Post Office Box 1757, 301 South Bronough Street, Tallahassee, FL 32302-1757, (850) 222-9684 or SUNCOM 278-5331, FAX (850) 222-3806] is available to answer any questions from 9:OO a.m. to 5:OO p.m. each business day. You may also access additional information through our web site at www.flcities.com. Supplemental Information The following Supplemental Information is provided as additional information and is not to be considered as part of the Informational Statement and may change without any advance notice to Members andor prospective participants: Model Ordinance/Resolution Board of Trustees Florida League of Cities, Inc. Investment Advisory Committee . 11 t Trust Model Ordinance/Resolution [Suggested Ordinance/Resolution Format for Governmental Unit Participation in the Florida Municipal Investment Trust] ORDMANCE/RESOLUTION NO. An OrdinanceKesolution authorizing governmental units as a participant in the Florida Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in the Trust. WHEREAS, Sec. 163.01, Fla. Stat., authorizes the state, or any county, municipality or political subdivision of the state, to jointly exercise any power, privilege, or authority which such governmental entities share in common and which each might exercise separately, and further provides such authority is in addition to and not in limitation of those granted by any other general, local, or special law; and WHEREAS, by Resolutions dated the 27th day of January, 1993, the 25th day of January, 1993, and the 14th day of January, 1993, the governing bodies of the City of Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, respectively, found the creation of the Florida Municipal Investment Trust serves a municipal purpose and will offer diversified and professionally managed portfolios for the investment of the assets of participating municipalities and other agencies or political subdivisions in or of the state; and WHEREAS, the authorized representatives for the City of Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, have executed the Agreement and Declaration of Trust on the 28th day of April, 1993, creating the Florida Municipal Investment Trust which governs the purpose, administration and operation of the Trust and its activities; and WHEREAS, the constitutional, statutory and judicial authorities in the State of Florida authorize municipalities and other agencies or political subdivisions in or of the state to join with other municipalities and other agencies or political subdivisions in or of the state for the purpose of investing and reinvesting surplus public funds; and WHEREAS, under the tenns and provisions of the Agreement and Declaration of Trust creating the Florida Municipal Investment Trust any municipality and any other agency or political subdivision in or of the state desiring to participate in the Trust as a member must become a party to the Agreement and Declaration of Trust: and (herein referred to as this “Governmental Unit”) to join with other local WHEREAS, the Florida Municipal Investment Trust is an authorized investment under Section 21 8.41 5, Fla. Stat., for units of local government in Florida. WHEREAS, it is the intent of this Governmental Unit to participate in the Florida Municipal Investment Trust as a member and become a party to the Agreement and Declaration of Trust; NOW, THEREFORE, BE IT ORDAINEDRESOLVED BY THIS GOVERNMENTAL UNIT: SECTION 1, This Governmental Unit finds that participation in the Florida Municipal Investment Trust, a pooled-investment program, would be in the best interest of the Governmental Unit, its officials, officers, and citizens in that such a program offers diversified and professionally managed portfolios to meet investment needs, results in economies of scale that will create greater purchasing powers and will thereby lower the cost traditionally associated with the investment of assets of the Governinental Unit. This Governmental Unit hereby expressly authorizes participation in the Florida Municipal Investment Trust as a member and will become a party to the Agreement and Declaration of Trust, as amended, which is adopted by reference with the same effect as if it had been set out verbatim in this section. SECTION 2. SECTION 3. This Governmental Unit is hereby expressly authorized to purchase shares of beneficial interest in the Trust from time to time with available funds, and to redeem some or all of its shares of beneficial interest from time to time as funds are needed for other purposes, subject to the tenns and restrictions of the Agreement and Declaration of Trust referred to in Section 2 and the most recent Informational Statement. These actions are to be taken by the officers designated for this purpose pursuant to general or specific instructions by the governing body of this Governmental Unit. The Trustees of the Trust are designated as having official custody of this Governmental Unit’s funds, which are invested by the purchase of shares of beneficial interest in the Trust. This Governmental Unit specifically finds and determines the following matters: (a) the conditions of the agreement and the rights and responsibilities of members of the Trust are set forth in the Agreement and Declaration of Trust, as amended and in the most recent Informational Statement; (b) participation in the Trust shall be terminable at any time by this Governinental Unit, subject to the tenns and restrictions of the Agreement and Declaration of Trust, as amended and the most recent Informational Statement; (c) the Agreement and Declaration of Trust, as amended, and the purchase of its shares of beneficial interest are for the purpose of investing this Governmental Unit’s funds as part of a pooled-investment program with other agencies or political subdivisions in or of the state, thereby achieving economic and other advantages of pooled investments, and the powers and scope of authority delegated are set forth in the Agreement and Declaration of Trust, as amended; (d) it is not necessary to finance the agreement authorized herein from funds of this Governmental Unit, except through the purchase of shares of beneficial interest in the Trust; (e) the Trust shall be managed by a Board of Trustees as set forth in the Agreement and Declaration of Trust, as amended; and SECTION 4. SECTION 5. 12 rida nicipal estmtnt Trust - (t) the Board of Trustees of the Florida Municipal Investment Trust adopted Resolution No. 93-2 providing for general disclosure policies of the Trust’s operations and Informational Statements for the benefit of members and prospective members of the Trust so that members and prospective members are fully aware of significant investment and administrative policies, practices and restrictions of the investment portfolios of the Trust. The Governmental Unit designates and authorizes the Director of Finance (or other authorized representatives) to execute such applications and other documents as are required to invest and reinvest surplus funds of the Governmental Unit in shares of beneficial interest of the Trust’s investment portfolios. The clerk of this Governmental Unit is hereby directed to furnish a certified copy of this OrdinancdResolution to the Florida League of Cities. SECTION 6. SICTION 7. SECTION 8. This Ordinance/Resolution shall take effect immediately upon its adoption. Adopted this day of ,-’ (Mayor/Commissioner/etc.) AITEST: 13 da iclpal stmeot Trust Board of Trustees The current seven members of the Board of Trustees of the Florida Municipal Investment Trust are: Julio Robaina, Chair Mayor, City of Hialeah John Marks Second Vice-president, Florida League of Cities, Inc. Bill Arrowsmith, Trustee Vice Mayor, City of Apopka Larry Schultz, Trustee Mayor, City of Rockledge Robert Margolis, Trustee Vice Mayor, Village of Wellington Carl McKoy, Trustee Vice Mayor, City of Boynton Beach Susan Starkey, Trustee Council Member, Town of Davie 14 I nt Trust Investment Advisory Committee The Florida League of Cities, Inc. as Administrator of the Trust appointed the following individuals to an Investment Advisory Committee: G. Michael Miller (“Mickey”), Chair Chief Financial Officer City of Jacksonville Joseph LoBello Director of Finance Town of Juno Beach Margaret Simmons Finance Director City of Clearwater Mervyn C. Timberlake, Jr. Financial Services Director City of Boca Raton Bonnie Wise Director of Revenue and Finance City of Tampa The Investment Advisory Committee acts as a sounding board and provides the Administrator with valuable assistance in developing and maintaining the investment guidelines and policies of the Trust. 15 Robert B. Inzer Clerk of the Circuit Court Leon County Francine Ramaglia Director of Administrative Services Village of Wellington Jane Struder Finance Director Town of Palm Beach William F. Underwood, I1 City Manager City of Belle Glade n kvergreen I Quarter 3 Fund Fact Sheet Data as of September 30, 2007 (unaudited), and subject to change 0 b ject ive Thefind seeks to maintain stability ofprincipal while earning current income and providing liquidity S trategy/investor profile The fund will normally invest in short-term U.S. Treasury obligations and repurchase agreements backed by such obligations. The fund may be suitable for investors seeking: 1) stability of I Institutional Treasury Money Market Fund his tit z I ti o ~2 n I Shn yes AAAm Aaa S&P Credit Ratingm Moody's Credit Rating NAlC Approved I 7-day net yield' I Past performance is no guarantee of future results. The performance 7.m ......... @,& .................................................... quoted represents past perfor- mance and current performance may be lower or higher. lrnrestrnent 40% .................................................... .. return and principal value of an 3.a ......... ..... investment will fluctuate so that investors' shares, when redeemed, may be worth more or less than zm ........................................ 1.m ......................................................... their original cost To obtain perfor- 0.a ......................................................... 10108H1081M61107 Mn uO7 Ym M7 6107 7/07 M7 SlDl principal, 2) current income, 3) liquidity. mance information current to the most recent month-end, please go to ! Evergreenlnvestments.cotn/Tundperformance. For more details, see footnote 1. This chart represents the fund's 7-day net yields over the previous 12 months. Portfolio statistics Dividend distributions I monthly Number of holdings 18 Nasdaa svmbol EIMXX Weighted average maturii (days) 3 Newspaper symbol EvglnstTrsyl CUSIP 300250701 Trading deadline (EST) 5:OO pm i Lipper 1-month 0.38% 0.38% 0.35% Quarter 1.20% 1.34% 1.12% YTD 3.75% 3.91% 3.55% 1-year 5.08% 5.22% 4.80% 3-year 3.94% 4.11% 3.75% 5-year 2.16% 2.94% 2.55% 1 0-year 3.61% 3.19% 3.45% Inception 3.82% 3.92% N/A Expense ratio net' 0.22% N/A N/A Expense ratio gross' 0.22% N/A N/A Performance" 1 Fund' Index" classification"" *Cumulativeif one yearor les,annualized ifgreaterthanoneyear. "MemllLynch3MonthU.S.TreasuryBilllndexItisnotpossblem'~estdirectlyinan index CoMgM2!33. Menill Lynch, Pierce, Fenner &Smh Incorporated.All rights reserved. "Lipper lnstihmonal USTreasury Money Market Funds Uassication Median Lgper, Inc. is an independent mollitor of mal fund performance. It is not possible m invest directly m a median 'As per pmspectusdated 07,4l1~. Itmonth 4.96% Oct Nbv Dec Jan Feb Mar Apr May Jun Jul Aug Sep 7-day 5.04% 5.09% 4.90% 5.05% 5.09% 5.08% 5.01% 5.00% 4.77% 5.06% 4.78% 4.29% 30-day 5.03% 5.08% 5.04% 5.03% 5.08% 5.09% 5.06% 4.99% 4.93% 5.01% 4.57% 4.68% 'Past performance is no guarantee of future results. The performance quoted represents past performance and current performance may be lower or higher. Investment return and principal value of an investment will fluctuate so that investors' shares, when redeemed, may be worth more or less than their original cost To obtain perfonnance information currentto the most recent month-end, please go to Evergreenlnvestments.coMundperfomnce. Performance includes the reinvestment of income dividends and capital gain distributions. Performance shown does not reflect the deduction of taxes that a shareholder would pay on fund distributions or the redemption of fund shares. Returns reflect expense limits previously in effect, without which returns would have been lower. Class I shares are only offered in the following manner: (1) to investment advisory clients of Evergreen Investment Management Company, LLC (or its advisory affiliates) when purchased by such advisor(s) on behalf of its clients, (2) through arrangements entered into on behalf of the Evergreen funds with certain financial services firms, (3) to certain institutional investors and (4) to persons who owned Class Y shares in registered name in an Evergreen fund on or before December 31,1994 or who owned shares of any SouthTrust fund In registered name as of March 18,2005 or shares of Vestaur Securities Fund as of May 20,2005. 'I Institutional Treasury Money Market Fund Data as of September 30,2007 (unaudited), and subject to change In stitzi tio n n I Shn yes Top 10 holdings (as a YO of market value of investments) The holdings listed should not be considered recommendationsto purchase or sell a particular securi ABN AMRO, Inc., 4.05%, 10/1/07 9.5% Morgan Stanley, 3.95%,10/1/07 9.5% Barclays Capital plc, 3.95%,10/1/07 9.2% Greenwich Capital Markets, Inc., 3.95%. 10/1/07 9.2% Lehman Brothers Holdings, Inc., 4.05%, 10/1/07 9.2% State Street Corp., 3.80%,10/1/07 6.6% Bank of America Corp., 3.90%,10/1/07 5.6% Deutsche Bank AG, 3.95%, 10/1/07 5.6% Bank of America Corp., 4.75%,10/1/07 4.9% Deutsche Bank AG, 4.75%,10/1/07 4.9% Portfolio composition (as a YO of market value of investments) Maturity schedule (as a % of market value of investments) Days to maturity 0.0% 100.0% 8-60 0.046 0 0% -. _.-I- 121-240 0.0% 0.0% Mutual fulp: Credit quality I (as a % of market value of investments) Fund advisor 81 portfolio management I Evergreen Investment Management Company, LLC The fund's investment advisor, Evergreen Investment Management Company, LLC (EIMC), has more than 70 years experience serving the needs of investors both in the United States and overseas. J. Kellie Allen Senior Portfolio Manager Portfolio Manager Bryan K. White, CFA Class I shares are only available to institutional shareholders with a minimum of $1 million investment, which may be waived in certain situations. The fund's investment objective may be changed without a vote of the fund's shareholders. Yields are based on net investment income for the stated periods and annualized. U.S. government guarantees apply only to certain securities held in the fund's portfolio and not to the fund's shares. An investment in a money market fund is not insured or guaranteed by the FDIC or any other government agency. Although the fund seeks to pmsetve the value of your investment at $1.00 per share, it is possible to lose money by investing in the fund. The yield quotation more closely reflects the current earnings of the fund than the total return quotation. The yield will fluctuate and there can be no guarantee that the fund will achieve its objective. 'Net yields are based on net investment income for the stated periods and annualized. NOT FDIC INSURED NOT BANK GUARANTEED MAY LOSE VALUE Evergreen InvestmentsSM is a service mark of Evergreen Investment Managem mt Company, LLC. Copyright 2007. Evergreen Investment Managem !nt Company, LLC. Evergreen Investment Management Company, LLC is a subsidiary of Wachovia Corporation and is an iffiliate of Wachovia Corporation's other Broker Dealer subsidiaries. Evergreen Investments>. 558171 REV27 9/07 n Net assets (MI kvergreen $780.4 I c/ Quarter 3 Fund Fact Sheet Data as of September 30, 2007 (unaudited), and subject to change 0 b jective The find seeks to achieve as high a he1 of current income as is consistmt with preserving capital and maintaining liquidity. I Strategy/investor profile The fund invests in securiti 1 issued or guaranteed by the U.S. government, its agencies or instrumentalities and repurchase agreements backed by such obligations. The fund may be suitable for investors seeking: 1) current income,2) preservation of capital, 3) liquidity. Net yield historyz I Institutional U.S. Government Money Market Fund hsti t ZI ti o M n I Shn ?-e5 AAAm Aaa S&P Credit Ratingm Moody's Credit Rating NAlC Approved 7-day net yield* I ....................... Past performance is no guarantee of future results. The performance 7.o.h ......... ......................................................... 5.0% ''_ quoted represents past perfor- mance and current performance may be lower or higher. lmresment 4,O.h ....................................................... return and principal value of an 3.a ......... ................. ZWb .................................. ...... 1.m 0.m ......................................................... 101ow11ow)81M1611D7 Mn uO7 447 Yo7 6107 7lUl Mn Mn investment will fluctuate so that investors' shares, when redeemed, may be worth more or less than mance information current to the most recent month-end, please go to Evergreenlnvestments.comAundperformance. For more details, see footnote 1. This chart represents the fund's 7-day net yields over the previous 12 months. ...................................................... their original cost To obtain perfor- Number of holdings 17 Weiahted averaae maturii (da\6) 19 Nasdao svmbol EG IXX Newspaper symbol EvglnstUSGvtl CUSlP 30023R647 Trading deadline (EST) 5:OO pm i 1 7-dav Lipper 1-month 0.40% 0.38% 0.39% Quarter 1.24% 1.34% 1.24% YTD 3.78% 3.91% 3.75% 1 -year 5.10% 5.22% 5.06% 3-year 4.01% 4.11% 3.93% 5-year 2.81% 2.94% 2.71 % Inception 3.35% 3.48% N/A Expense ratio net' 0.23% N/A N/A Expense ratio gross' 0.23% N/A N/A Performance" I Fund' Index" classification"* *Cumulative if one year or less, annualized if greaterthan one year. "Merrill Lynch 3 Month U.S. Treasury Bill Index. It is not possible to invest directly in an index. Copyright2007. Merrill Lynch, Pierce, Fenner & Smith Incorporated. All rights reserved. -Lipper Institutional U.S. Government Money Market Funds Classifi- cation Median. Upper, Inc. is an independent monitor of mutual fund performance. It is not possible to invest directlyin a median. 'As per prospectus dated 07/01/2007. =-day 4.82% 12-month 4.99% Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 7-day 5.04% 5.03% 5.01% 5.03% 5.06% 5.03% 4.99% 4.95% 5.01% 5.05% 4.87% 4.66% 30-dav 5.03% 5.03% 5.02% 5.01% 5.04% 5.03% 5.01% 4.96% 5.01% 5.02% 4.88% 4.82% - 'Past performance is no guarantee of future results. The performance quoted represents past performance and current performance may be lower or higher. Investment return and principal value of an investment will fluctuate so that investors' shares, when redeemed, may be worth more or less than their original cost To obtain performance information current to the most recent month-end, please go to Evergreenlnveslments.conJfundperformance. Performance includes the reinvestment of income dividends and capital gain distributions. Performance shown does not reflect the deduction of taxes that a shareholder would pay on fund distributions or the redemption of fund shares. Returns reflect expense limits previously in effect, without which returns would have been lower. Class I shares are only offered in the following manner: (1) to investment advisory clients of Evergreen Investment Management Company, LLC (or its advisory affiliates) when purchased by such advisor(s) on behalf of its clients, (2) through arrangements entered into on behalf of the Evergreen funds with certain financial services firms, (3) to certain institutional investors and (4) to persons who owned Class Y shares in registered name in an Evergreen fund on or before December 31,1994 or who owned shares of any SouthTrust fund !n registered name as of March 18,2005 or shares of Vestaur Securities Fund as of May 20,2005. Institutional U.S. Government Money Market Fund Data as of September 30, 2007 (unaudited), and subject to change Insti til tio 12 n I Shn res Top 10 holdings I (as a % of market value of investments) The holdings listed should not be considered recommendations to purchase or sell a particular secufty Barclays Capital, Inc., 4.80%, 10/1/07 12.8% HSBC Holdings, plc, 4.95%,10/1/07 12.8% Bank of America Corp., 4.80%,10/1/07 12.2% Deutsche Bank AG, 4.85%, 10/1/07 12.2% Greenwich Capital Markets, Inc., 4.90%, 10/1/07 12.2% State Street Corp., 3.80%,10/1/07 9.0% FNMA, 5.24%,10/1/07 6.4% FFCB, 4.75%, 10/1/07 6.4% FHLB, 4.12%, 10/3/07 4.5% FHLB, 5.30%, 5/29/08 3.2% Portfolio composition (as a % of market value of investments) L Maturity schedule (as a % of market value of investments) Dap 'O maturity 1 0.0% 2-7 88.3% 8-60 3.2% 61 -1 20 1.3% 121-240 2.0% 241 t 5.2% Mutual fbtp: Credit quality I (as a % of market value of investments) L 'I Fund advisor & portfolio management Evergreen Investment Management Company, LLC The fund's investment advisor, Evergreen Investment Management Company, LLC (EIMC), has more than 70 years experience serving the needs of investors both in the United States and overseas. J. Kellie Allen Senior Portfolio Manager Portfolio Manager Bryan K. White, CFA Class I shares are only available to institutional shareholders with a minimum of $1 million investment, which may be waived in certain situations. The fund's investment objective may be changed without a vote of the fund's shareholders. Yields are based on net investment income for the stated periods and annualized. U.S. government guarantees apply only to certain securities held in the fund's portfolio and not to the fund's shares. An investment in a money market fund is not insured or guaranteed by the FDIC or any other government agency. Although the fund seeks to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in the fund. The yield quotation more closely reflects the current earnings of the fund than the total return quotation. The yield will fluctuate and there can be no guarantee that the fund will achieve its objective. ?Net yields are based on net investment income for the stated periods and annualized. NSURED NOT BANK GUARANTEED MAY LOSE VALUE Evergreen nvestmentsSM is a service mark of Evergreen Investment Managem nt Company, LLC. Copyright 2007. Evergreen Investment Managem nt Company, LLC. Evergreen nvestment Management Company, LLC is a subsidiary of Wachovia Corporation and is an filiate of Wachovia Corporation's other Broker Dealer subsidiaries. i Evergreen 1nvestments.M 558115 REV27 9/07 Date Prepared: November 29, 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 135,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDED INVESTMENT POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida originally adopted an investment policy in August 1995 that met the requirements of Section 21 8.41 5, Florida Statutes; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida has amended the policy in May 1997, December 1998, July 2001, and November 2003; and WHEREAS, the City Council desires to amend its investment policy to allow for greater flexibility by expanding investment options to include investments in the Florida Municipal Investment Trust and open-end or closed-end management type investment companies or trusts registered under the Investment Company Act of 1940, provided the portfolio of such investment company is limited to securities issued or guaranteed by the U.S. Government, its agencies or instrumentalities, and repurchase agreements fully collateralized by such securities; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby adopts the amended Investment Policy attached hereto as Exhibit “A”. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: November 29, 2007 Resolution 135, 2007 PASSED AND ADOPTED this day of , 2007 CITY OF PALM BEACH GARDENS, FLORIDA PV. Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNC ILMEMBER JABLl N COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT ai G:\attorney-share\RESOLUTlONS\amended investment policy - reso 135 2007.docx 2 Date Prepared: November 29, 2007 Resolution 135, 2007 EXHIBIT “A” CITY OF PALM BEACH GARDENS INVESTMENT POLICY AUGUST 31,1995 REVISED MAY 15,1997 REVISED DECEMBER 17,1998 REVISED JULY 5,2001 REVISED NOVEMBER 20,2003 DECEMBER 20,2007 A. ScoDe of Investment Policy This Investment Policy applies to the investment activities of the City of Palm Beach Gardens, except for the General Employees, Police and Firefighters’ Pension Funds which are subject to the order of the Board of Trustees of those particular funds. In addition, all other Trust Funds, Deferred Compensation Funds and depositories for defeased debt or assets under Bond Trust Indenture Agreements when controlled by third party custodians and/or money managers shall be managed outside the scope of this Investment Policy as required by Florida State Statutes, Section 218.415. All financial assets of other funds, including the General Fund, Special Revenue Funds, Capital Project Funds, Debt Service Funds, Enterprise Funds, and other funds that may be created from time to time, unless specifically exempted by the City Council, shall be administered in accordance with the provisions of this Policy. B. Obiectives of Investment Policy The purpose of the Investment Policy of the City of Palm Beach Gardens is to establish cash management and investment guidelines for City officials responsible for the stewardship of public funds. Specific objectives include: 1. Safety of principal is the foremost objective of the Investment Policy of the City of Palm Beach Gardens. Each investment transaction shall seek to first ensure that capital losses are avoided, whether they be from institution or securities defaults or erosion of market value. 2. The City’s investment portfolio shall remain sufficiently liquid to enable the City to meet all operating requirements which may be reasonably anticipated. 3. The investment program shall seek to maximize the investment returns given the limitations imposed by maintaining safety of principal and liquidity. 4. The City shall diversify its investments to avoid incurring unreasonable risks regarding specific security types and/or individual financial institutions. C. Performance Measures The investment portfolio of the City shall be designed with the objective of regularly exceeding the average return of one-year U.S. Treasury Bills. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein and prudent investment principles. Date Prepared: November 29, 2007 Resolution 135, 2007 D. Prudence and Ethics The standard of prudence to be applied in the context of managing the overall portfolio for the investment of City funds shall be the “Prudent Person Rule” which states: “Investments shall be made with judgment and care, under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable outcome to be derived.” Any employee authorized to purchase investments acting in accordance with the written procedures of this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees shall disclose to the City Manager and City Council any material financial interest in financial institutions that conduct business with the City of Palm Beach Gardens and shall further disclose any large, personal financial/investment positions that could be related to the performance of the City’s portfolio. E. Investment Selection The City of Palm Beach Gardens shall limit its investments to any of the securities listed below: (1) Government Obligations; (2) Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates (“FHLMCs”); the Federal Home Loan Bank or its district banks; or obligations guaranteed by the Government National Mortgage Association (“GNMAs”); (3) pass-through certificates guaranteed by Fannie Mae (“Fannie Mae’s’’); Obligations of Fannie Mae, including Fannie Mae participation certificates and mortgage (4) Interest bearing time deposits or savings accounts in banks organized under the laws of the State of Florida, in national banks organized under the laws of the United States of America and doing business in and situated in the State of Florida, in savings and loan associations that are under State of Florida supervision, or in federal savings and loan associations located in the State of Florida and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (5) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as amended from time to time, provided the portfolio of such investment company is limited to securities issued or auaranteed by the U.S. Government. its aclencies, or instrumentalities and CXhptw~ securities and provided such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; repurchase agreements fully collateralized by such .. .. (6) Counties Investment Trust, or the Florida Municipal Investment Trilst; Units of participation in the Local Government Surplus Funds Trust Fund, the Florida Date Prepared: November 29, 2007 Resolution 135, 2007 (7) Short term obligations of corporations organized in the United States with assets exceeding $500,000,000 if (i) such obligations are rated at the time of purchase at one of the three (3) highest classifications established by at least (2) Rating Agencies and which mature not later than 180 days from the date of purchase, and (ii) such purchases do not exceed ten percent (1 0%) of the corporation's outstanding obligations; (8) tied to the interest rate paid on United States Treasury securities or an index thereof; Variable rate securities within categories (a) through (c) above, provided that the rate is (9) Repurchase agreements collateralized by Government Obligations, GNMAs, Fannie Maes or FHLMCs with any registered brokeddealer subject to the Securities Investors' Protection Corporation jurisdiction or any commercial bank insured by the FDIC, if such brokeddealer or bank has an uninsured, unsecured, and unguaranteed obligation rated "P-I" or "A3" or better by Moody's, and "A-I" or "A-" or better by S&P, provided: (a) a master repurchase agreement or specific written repurchase agreement governs the transaction; and (b) the securities are held free and clear of any lien by the City or an independent third party acting solely as agent ("Agent") for the City, and such third party is (1) a Federal Reserve Bank, (2) a bank which is a member of the Federal Deposit Insurance Corporation and which has combined capital, surplus and undivided profits of not less than $50,000,000, or (3) a bank approved in writing for such purpose by the Credit Facility Issuer, if any, and the City shall have received written confirmation from such third party that it holds such securities, free and clear of any lien, as agent for the City; and (c) a perfected first security interest under the Uniform Commercial Code, or book- entry procedures prescribed at 31 C.F.R. 306.1, et seq., or 31 C.F.R. 350.0, et seq., in such securities is created for the benefit of the City; and (d) the repurchase agreement has a term of 180 days or less, and the City or the agent will value the collateral securities no less frequently than weekly and will liquidate the collateral securities if any deficiency in the required collateral percentage is not restored within two business days of such valuation; and (e) obligation, including principal and interest, is equal to at least 103%; and the fair market value of the securities in relation to the amount of the repurchase (1 0) With respect to investments that secure or are related to a particular Series of Bonds, any other investment authorized under the laws of the State of Florida and approved by the City and the Credit Facility Issuer with respect to such Series. F. Maturity and Liquidity Requirements The City's portfolio shall be structured to provide the necessary funds to pay the expenses of the City in a timely manner. Investments shall be purchased consistent with a "buy and hold to maturity" philosophy, matching maturities to anticipated cash flow needs of the City. G. Portfolio Comuosition The portfolio shall be designed to provide a balance of short-term and medium-term maturities designed to meet the liquidity needs of the City. In addition, the portfolio shall be diversified with respect to investment instruments and issuers as follows: Date Prepared: November 29, 2007 Resolution 135, 2007 1. On any given date, at least 40% of the portfolio shall mature within one year. 2. On any given date, not more than 20% of the portfolio shall mature beyond five (5) years. 3. No security purchased may have a maturity (or expected life) of greater than fifteen (15) years. 4. Commercial paper shall not exceed 60% of the City's investment portfolio. 5. No single issuer of commercial paper shall comprise more than one-third of the total commercial paper portfolio of the City. 6. No bank or savings association shall hold more than 50% of the City of Palm Beach Gardens' investment portfolio, exclusive of securities held in safekeeping as a third party custodian. H. Risk and Diversification In order to reduce the risk of loss from overconcentration of assets in a specific maturity, issuer, instrument, dealer, or bank, the investment portfolio shall be managed to minimize the potential risk from default and changes in market conditions. The Finance Director shall seek to balance the portfolio among issues, issuers, maturities, investment vehicles, and financial institutions. The Finance Director and City Manager shall review the portfolio not less than quarterly to review the adequacy of the diversification strategy. I. Authorized Investment Institutions and Dealers The City may purchase securities from any primary dealer in government securities, a regional broker if they have been in business for 10 years and have a minimum of $10,000,000 of capital, or a qualified public depository. Broker-dealers shall be selected using the following criteria: 1. The institutional and broker qualifications as they relate to both general and specific product knowledge; 2. The ability to provide value added services; 3. Pricing competitiveness; and 4. The financial strength and stability of the company. Investments in savings accounts, certificates of deposit, or other deposit accounts in a bank or savings association may be made only in qualified public depositories as defined by Florida State Statutes section 280.02. All authorized institutions and dealers conducting business with the City shall be given a copy of the City's Investment Policy and be required to abide by the Investment Policy. The broker shall execute a certification acknowledging receipt of the Investment Policy and agreeing to follow its terms and conditions. J. Third- Pa rtv Custodial Aareements All investments purchased or collateral obtained as security for investments purchased under this policy shall be properly designated as an asset of the City and held in safekeeping by a third party custodial bank or savings association, chartered by the United States Government or the State of Florida. The third party shall be the designated agent of the City, ensuring that all assets held on behalf of the City shall be clearly held and accounted for to indicate ownership by the City. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except as authorized by the Finance Director. The City shall settle the purchase or sale of securities on a "delivery vs. payment" basis, if applicable. K. Master Rewrchase Aareement All repurchase agreements transacted, if permitted by ordinance, must be in compliance with the requirements of the Master Repurchase Agreement (attached). The Master Repurchase Agreement shall be supplemented by an Annex which addresses the issues of permissible purchased securities, delivery, substitution, margin ratios, margin maintenance, and notification of parties. L. ComDetitive Biddinq For all investment purchases or sales, the City shall seek multiple quotations from authorized brokers and financial institutions, when feasible and appropriate, in order to maximize the performance of the portfolio. The City shall determine the approximate maturity date based on cash flow needs and market conditions, and analyze and select one or more optimal types of investment. Competitive bids will not be required when: 1. The security involved is a new issue and can be purchased at auction or at a preset, initial offering price. 2. The security is available only through a single dealer. In all cases where competitive bidding is not feasible, the appropriateness and return of the investment shall be compared to other investments with similar maturities available in the fin an ci a I markets. M. Internal Controls The Finance Director shall establish a system of internal controls, which shall be documented in writing. The internal controls shall be reviewed by the City Manager periodically and by the City auditor annually in conjunction with the annual examination of the financial statements of the City. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the City of Palm Beach Gardens. Date Prepared: November 29, 2007 Resolution 135, 2007 N. Reportinq The Finance Director shall submit a quarterly investment report to the City Manager and the City Council. The report shall list investments by fund and type and include a summation of changes from the previous quarter. 0. Responsi bility The establishment of the investment policy is the responsibility of the City Council. The Finance Director, under the direction of the City Manager, shall be responsible for implementing the policy and managing the City's portfolio within its guidelines. P. Cash Manaaement Except where otherwise provided by the City Council and State law, the Finance Director is authorized to pool the cash of various funds to maximize investment earnings where it is advantageous and prudent to do so. Investment income will be allocated to the various funds based upon their respective participation. Q. Cont i n uina Education The Finance Director shall annually complete 8 hours of continuing education in subjects or courses of study related to investment practices and products, Date Prepared: November 29,2007 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 29.2007 Meeting Date: December 20,2007 Resolution: 137, 2007 SubjecVAgenda Item: Resolution 137, 2007, authorizing participation in the Florida Municipal Investment Trust [XI Recommendation to APPROVE [ 3 Recommendation to DENY [ ] Recommendation to POSTPONE City Attorney Submitted by: Department Director Appro* City Manaber ( Originating Dept.: Finance 6 Advertised: Date: Paper: [ x 3 Not Required Affected parties [ ] Notified - [ x ] Not required costs: $ -0- (Total) $- Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 136, 2007 FMlvT Fitch Ratings FMlvT participant list as Credit Analysis of 9/30/2007 [ ]None Date Prepared: November 29,2007 Date Prepared: November 29,2007 Meeting Date: December 6, 2007 Resolution: 137, 2007 BACKGROUND: In order to further diversify and enhance the safety and liquidity of the City’s investment portfolio, staff would like to begin an investment program with the Florida Municipal Investment Trust (FMIvT). The FMlvT was established in 1992 to provide customized investment services for the reserve funds and pension assets of governmental entities. The pooling of these monies through the Investment Trust offers participants an opportunity to diversify funds with professionally managed portfolios designed to meet the high quality requirements of public fund investing. As of 9/30/07 the FMlvT had over $846M in assets among all portfolios. The FMlvT was created to provide high quality, AAA rated investment options for governmental entities. FMlvT offers the following investment options: 1 to 3 Year High Quality Bond Fund Intermediate High Quality Bond Fund To become a member of the FMIvT, the City Council must adopt a Resolution authorizing participation in the Trust. The Resolution further authorizes the City Manager or Finance Director to execute such applications and other documents as are required to establish an account with the FMIvT. A representative from the Florida League of Cities will be available at the Council meeting to answer any questions Council may have regarding the program. STAFF RECOMMENDATION: Staff recommends approval of Resolution 137, 2007, authorizing participation in the Florida Municipal Investment Trust. __ itchRatings KNOW YOUR RISK ” Structured Finance Credit Products Florida Municipal Investment Credit Analysis Trust Ratings One- to lhree-Year High-Quality Intermediate High-Quality Broad Market High-Quality Bond Fund .................................... AAAIV2 Bond Fund .................................... AAAlV3 Bond Fund .................................... AAlV4 Analysts Fritz Gallagher fritz.gallagher@fi tchratings.com Louis W. Lazzara, CPA louis.lazzara@fi tchratings.com + 1 2 12 908-0836 +I 212 908-0284 Jennifer D. Minelli, CFA jennifer.minelli@fitchratings.com +I 212 908-0331 Investment Adviser Atlanta Capital Management Co. Administrator Florida League of Cities, Inc. + 1 850 222-9684 Summary Data (As of July 3 I, 2006) One- to Three-Year High-Quality Bond Fund Inception Date: July 1, 1996 Net Asset Value: $204,683,919 Intermediate High-Quality Bond Fund Inception Date: July 1, 1996 Net Asset Value: $199,956, 187 Broad Market High-Quality Bond Fund Inception Date: Jan. I, 1998 Net Asset Value: $69,339,063 W Summary The Florida Municipal Investment Trust One- to Three-Year, Intermediate, and Broad Market High-Quality Bond Funds (collectively, the funds), all local government investment pools (LGIPs), are rated ‘AAAIV2’, ‘AAA/V3’, and ‘AA/V4’, respectively by Fitch Ratings. The ratings reflect the fluctuating nature of the funds’ mark-to-market unit value, or net asset value (NAV). LGlPs and similar bond funds rated ‘AAA’ meet the highest credit quality standards for portfolio assets, diversification, investment management, and operational capabilities. LGlPs rated ‘AA’ meet very high standards for the credit quality of the funds’ underlying assets, as well as the quality and experience of the funds’ management and operations. LGlPs and similar bond funds rated ‘VI’ and ‘V2’ are considered to have a low market risk. Total returns exhibit relative stability, performing consistently across a broad range of interest rate scenarios. These funds offer the lowest risk exposure to interest rates and changing market conditions. The ‘V3‘ and ‘V4’ ratings reflect moderate market risk. Total returns are expected to perform consistently over intermediate- to long-term holding periods but will exhibit greater variability over shorter periods due to increased exposure to interest rates and changing market conditions. The funds seek to provide an investment pool alternative for those trust members that have investment horizons greater than those possible with money market instruments. The funds invest in a high-quality investment portfolio authorized by the funds’ board of trustees. Contributions and redemptions to the One- to Three-Year High-Quality Bond Fund can be made on the 15th and last day of each month at the then-current NAV. The Florida Municipal Investment Trust Intermediate and Broad Market High-Quality Bond Funds accept contributions and redemptions only on the last business day of the month at the then-current NAV. Membership in the trust is limited to agencies in or political subdivisions of the state of Florida, which include but are not limited to the state, its agencies, counties, municipalities, special districts, school districts, and other governmental entities. W Rating Considerations Extremely strong credit quality resulting from the funds’ portfolio assets, investment practices, and management controls. Low to moderate volatility by virtue of conservative investment practices and security restrictions. October 5,2006 www.fitchratings.com FitcbKatings KNOW YOUR RISK Structured Finance Investment Practices The funds’ investment objective is to provide an alternative for those members that have excess moneys and investment horizons greater than those possible with money market instruments. Effective Oct. 1, 1997, the portfolio no longer declares and distributes net income as a dividend. Instead, the net investment income is incorporated into the NAV. Net income consists of interest income earned, changes in the fair market value of the investments, and any other investment income earned less a proportionate share of expenses incurred or accrued. Credit Quality The funds have the highest credit quality on the basis of portfolio assets, investment practices, diversification standards, operational controls, and management oversight. By guidelines, the funds are permitted to invest in securities that meet at least the ‘A’ credit quality requirements. Investment Strategy: One- to To accomplish the One- to Three-Year High-Quality Bond Fund’s objective, the board of trustees has authorized the investment adviser to invest only in certain high-quality securities. These permissible investments include U.S. Treasury securities and other obligations that, by their terms, are full faith Three-Year High-Quality Bond Fund Historical Changes in Net Asset Value: One- to Three-Year High-Quality Bond Fund ($ per Share) 16 Portfolio Composition: One- to Three-Year High-Quality Bond Fund :As of July31,2006) Cash/ U.S. Money Treasury Securities\ us. 1.30% \ Agencies 23.80% Asset- \ Corporate Notes 1.00% Backed ,,/ Mortgage- Securities Backed 23.90% Securities 35.00% Uote:Numbersmaynot add to DOOhdueto rounding and credit obligations of the US. government, U.S. agencies, and government-sponsored enterprises, asset-backed securities (ABS), mortgage-backed securities (MBS), collateralized mortgage obligations (CMOS), money market obligations (commercial paper, bankers’ acceptances, repurchase agreements, reverse repurchase agreements, time deposits, and money market accounts), corporate and Yankee debt obligations, taxable municipal debt obligations, and guaranteed investment contracts (GICs). The fund Historical Performance: One- to Three- Year High-Quality Bond Fund - One- to Three-Year High-Quality Bond Fund Merril Lynch One- to Three-Year Government Index (Yo) 1.0 , Florida Municipal Investment Trust 2 FitcbRatings KNOW YOUR RISK ” Structured Finance will typically invest in securities with an average maturity of approximately two years. However, investments in ABS, MBS, CMOs, or any other securities that do not have fixed maturity dates or fixed paydown schedules are limited to meet additional maturity or price volatility restrictions (see box at right). The fund enters into repurchase agreements only with highly rated counterparties, usually with a maturity of less than seven days. In addition, the board of trustees has specified that the fund’s modified duration will be greater than one year but less than 130% of the duration of the Merrill Lynch One- to Three-Year Government Index. Historically, the benchmark index’s modified duration has been approximately 1.67 years. The fund is expected to maintain a modified duration in the range of 1 .OO-2.25 years. The modified duration of a security or portfolio is the ratio of the price change to the interest rate change. The higher the modified duration of a security or portfolio, the greater its price volatility in percentage terms for a given change in interest rates. As of July 3 1, 2006, the duration of the fund was 1.64 years. The fund’s investment strategy combines a concentration in short-term ABS and MBS, primarily planned amortization classes and sequential classes, with longer term U.S. Treasury instruments. The fund’s investments in CMOS are concentrated in the least volatile sectors of the CMO market and can be characterized as relatively conservative. In addition to interest rate risk, mortgage prepayment risk is a significant factor for CMOs and can be divided into contraction risk and extension risk. Contraction risk can be broadly defined as the likelihood that, in a period of falling interest rates, homeowners will prepay their mortgages, forcing the fund to reinvest the proceeds at an interest rate lower than the coupon rate on the original security. Extension risk, on the other hand, results from a slowing down of prepayments when interest rates rise, forcing the fund to realize less cash flow that can be reinvested at an interest rate greater than the coupon rate on the original security. As of July 31, 2006, the fund’s NAV was $14.83 per share. The historical performance of the fund and the fluctuating nature of the NAV are highlighted in the charts on page 2. One- to Three-Year High-Quality Bond Fund ABS, MBS, and CMO Security Restrictions Securities must meet one of the following conditions: For securities with no fixed maturity date, the final maturity window must be seven years or less, based on a reasonably expected payment rate. For securities without fixed paydown schedules, price volatility cannot be greater than two times that of the Merrill Lynch One- to Three-Year Government Index. W Investment Strategy: Intermediate The Intermediate High-Qualtiy Bond Fund will generally invest in securities with greater potential returns and risk than those offered by money market- type instruments. Because the fund invests in securities with an average maturity of approximately five years, increases in interest rates will cause declines in the NAV. Therefore, this fund may be an inappropriate investment for investors with a requirement to meet short-term needs. High-Quality Bond Fund To accomplish the fund’s investment objective, the board of trustees has authorized the investment adviser ~~ iistori ca I Pe rform a nce : In te me d i a te High- 2uality Bond Fund - Intermediate High-Quality Bond Fund Lehman Brolhers Intermediate Gov ernmentlcredit (ex Baa) +ABS + MBS Index (W 2.0 , Florida Municipal Investment Trust 3 FitchKatings KNOW YOUR RISK Structured Finance Historical Changes in Net Asset Value: Intermediate High-Quality Bond Fund ($ per Share) l8 I 16 14 l2 10 / ~- 2 I--- Oj,, , , , , , , , , , , i to invest only in certain high-quality securities. These permissible investments include US. Treasury securities and other obligations that, by their terms, are full faith and credit obligations of the US. government, US. agencies, and government-sponsored enterprises, ABS, MBS, CMOs, corporate and Yankee debt obligations, money market obligations, investment agreements, GICs, and taxable municipal debt obligations. Portfolio Composition: Intermediate High- Quality Bond Fund u,s, (As of July 31,2006) Treasury Corporate Notes 2.00% Cash/ SecuriSes 13.00% Asset- Backed /) Securities'\ Money 15.80% 1.90% i Mortgage- Backed Securibes 41 80% us / I Agencies 25 50% Intermediate High-Quality Bond Fund ABS, MBS, and CMO Security Restrictions Securities must meet one of the following conditions: For securities with no fixed maturity date, the final maturity window must be 11 years or less, based on a reasonably expected prepayment rate. For securities without fixed paydown schedules, price volatility cannot be greater than two times that of the Lehman Brothers Intermediate GovernmenKredit (ex Baa) +ABS+MBS Index. However, investments in ABS, MBS, CMOs, or any other securities that do not have fixed maturity dates or fixed paydown schedules are limited to meet additional maturity or price volatility restrictions (see box above). The fund enters into repurchase agreements only with highly rated counterparties, usually with a maturity of less than seven days. In addition, the board of trustees has specified that the portfolio's modified duration will equal that of the Lehman Brothers Intermediate Government'Credit (ex Baa) +ABS + MBS Index plus or minus 30% but no greater than 4.5 years. Historically, the benchmark index's modified duration has been approximately 3.38 years. The fund is expected to maintain a modified duration in the range of 3.W.5 years. As of July 3 I, 2006, the duration of the fund was 3.78 years. The fund's investment strategy combines primarily intermediate-term US. agency securities, mortgage- backed pass-through securities, and ABS. The fund's investments in mortgage securities consist of mortgage- backed pass-through securities and CMOs. Investors that invest in MBS are exposed to mortgage prepayment risk, which can be divided into contraction risk and extension risk. While certain CMOs can significantly increase the contraction or extension risk of the portfolio, mortgage-backed pass-through securities do not alter the risk profile of the underlying mortgages. As of July 3 I, 2006, the fund's NAV was $1 5.97 per share. The historical performance of the fund and the fluctuating nature of the NAV are highlighted in the chart on the bottom of page 3 and this page. Florida Municipal Investment Trust 4 FitcbRat ings KNOW YOUR RISK " Structured Finance Historical Performance: Broad Market High-Quality Bond Fund - Broad Market High-Quality Bond Fund Lehman Brothers 'A+' Aggregate Index (W 25 20 15 10 05 00 (0 5) (1 0) (1 5) (2 0) (2 5) (3 0) Investment Strategy: Broad Market The Broad Market High-Quality Bond Fund will generally invest in securities that offer higher potential returns and risk than those of money market or intermediate-term securities. Because the portfolio invests in securities with an average maturity of approximately 8.5 years, increases in interest rates will cause declines in the NAV. Therefore, this fund may be an inappropriate investment for funds with a requirement to meet short- or intermediate-term needs. High-Quality Bond Fund To accomplish the fund's investment objective, the board of trustees has authorized the investment adviser to invest only in certain high-quality securities. These permissible investments include U.S. Treasury securities and other obligations that, by their terms, are full faith and credit obligations of the U.S. government, U.S. agencies, and government- sponsored enterprises, ABS, CMOS, corporate and Yankee debt obligations, money market obligations, investment agreements, GICs, taxable municipal debt obligations, commingled governmental investment trusts, and mortgage obligations guaranteed by the U.S. government. The fund enters into repurchase agreements only with highly rated counterparties, usually with a maturity of less than seven days. Reverse repurchase agreements and/or other forms of financial leverage are restricted to 30% of the portfolio. Securities lending activity is limited to Historical Changes in Net Asset Value: Broad Market High-Quality Bond Fund ($ per Share) 18 16 8 6 4 2 _______ -- 0.- , , , , , , , , , approved dealers and custodians, and all securities must have a final maturity of no more than 30 years. In addition, the board of trustees has specified that the fund's modified duration will equal that of the Lehman Brothers 'A+' Aggregate Index plus or minus 30% but no greater than seven years. Historically, the benchmark index's modified duration has been approximately 4.55 years. The fund is expected to maintain a modified duration of Portfolio Compostion - Broad Market High-Quality Bond Fund (As of July 31,2006) Cash/ Asset- Money Backed SecuriCesl - Mortgage- Backed Securibes 42 60% Treasury Securibes 25 20% Note. Numbers maynot add to X)O%due to rounding. Florida Municipal Investment Trust 5 FitchRatings KNOW YOUR RISK 4.0-5.5 years. As of July 3 I, 2006, the duration of the fund was 4.43 years. The fund’s investment strategy combines primarily U.S. agency securities, corporate securities, MBS, ABS, and intermediate- to long-term U.S. Treasury instruments. On Nov. 20, 2003, the board of trustees approved a change in the investment guidelines to raise exposure to corporate securities rated ‘A’ or better to 30% from 5%. As of July 3 I, 2006, the fund’s NAV was $I 5.46 per share. The historical performance of the fund and the fluctuating nature of the NAV are highlighted in the charts on page 5. Organization The Florida Municipal Investment Trust was established on April 28, 1993 under the laws of the state of Florida as an interlocal government entity created to enable eligible units of local government to cooperate in the investment of their surplus funds. Structured Finance Florida League of Cities, Inc. serves as administrator of the funds. Florida League of Cities is a nonprofit organization established in 1924 to serve the interests of Florida cities. The funds are governed by a board of trustees composed of no less than five members and no more than seven. The board of trustees consists of the president or the president’s appointee and the second vice president of the Florida League of Cities, plus two members of the Florida Municipal Insurance Trust. Three additional representatives may be elected by the board of trustees. Atlanta Capital Management Co. serves as the investment adviser for the funds. Atlanta Capital Management was established in 1969 and managed approximately $8.7 billion as of July 31, 2006, mostly for institutional clients. Portfolio assets are held on behalf of the trust by the funds’ custodian, Wells Fargo Bank, N.A. Copyright (1 2006 by Filch. Inc , Filch Ratings Ltd and 11s subsidlanes One State Street PI-. NY. NY lllOl14 Tcluphone I-Xlltl-7S34X24. (212) YOX-l~SOl1 Fay (212) 4x0-4435. Reproduction or rctrammiwon xn whole or m pan IO prohibited except b) pxmirs,an All nghtr rcrcrved All of thu information contained herun IS bawd on information obtaincd from issuers. other obligors, undenvntcrs. and other so~ircrs which Fitch believvs to b reliable Fitch does not audit or verify the tnith or acciincy of any such information As a result, the information m this repon IS pro\ided ‘.as IS” without ;my reprwentation or narnnt? of any kind A Fitch rating IS an opinion as to thc crcdmvorthinerr of B sccunty Thc rating docs not address the risk of loss due to nrkr other than credit nsk. unlrs~ such nsk IS spcctfically mentioned Filch 1s not engaged m the offer or WIE of an! sscunt~ A repon providing P Fitch ntmg IS nrithcr a prospectus nor a substitute for the infonation arrcmblrd. venfied and prcsmtcd to investors by the issuer and its agcnts in connection nith the sale of the sccurmes Ratings may be changed. suspendrd. or withdrann at an)tims for an) reason in the sole discretion of Filch Filch docs not providr mvcstment advice of any son Rntinps are not a rrcommcndatmn to buy. sell, or hold any secunty Ratings do not comment on thc adequacy of market pncc, the suttabiltt? of any secunt) for P particular mwstor. or the tax- ewmpt nature or taxabilitv of pqments made in rcspcct to any security Fitch receives fws from issuers. msur~lrs. gaarantorr. other obligors. and undcn\nters for rating sccunties Such fees gcncnll\ vary from USD 1.000 to USD750.000 (or thr applicable currency eqsivalcnt) pcr ISSUC In certain cases. Filch \\dl rate all or a number of IESUC.~ Issued by a pwttcula~ ISEUU~. or insured or gaarantced b) a pantculnr msurer or guarantor. for a single annual fee Such fces arc ripcctcd to vary from USDIIl.Oo0 to USDl.50II.~II0 (or the applicable currcnc) equnabnt) The assignment. publication. or dissemination of a rating by Filch shall not conitit~te a consent by Filch to use 11% name as an c~pen in connection with any rcgistntion statcmcnt filud undur thu United Stater ICC~I~I~ICIS Ims. the Financial S~NK~S and Markets Act of 2OOi1 of Great Bntam, or the secuntirs law of my pnniculariurisdiction Due to the rc13tw~. cfTicicnc\. of electronic publishing and distnbutmn. Filch research may be available 10 cI~.ctronic aubscribrs up to three days earlier than to print subscribers Florida Municipal Investment Trust 6 Current Members (Investments) Page 1 of 1 Monday, December 3,2007 Who we are I I am a I I’m looking for I Member Database I Contact Us I Search I Site Index I Home FMlvT Membership (as of 9/30/07) City of Apopka City of Auburndale City of Boca Raton City of Boynton Beach City of Bradenton Town of Davie City of Daytona Beach City of DeFuniak Springs Delta Farms Water Control District City of Flagler Beach Florida Municipal Insurance Trust Fund Florida Municipal Loan Council Florida Municipal Pension Trust Fund Town of Fort Myers Beach City of Fort Pierce City of Greenacres City of Gulf Breeze City of Hialeah Town of Hypoluxo Housing Finance Authority of Lee County City of Indian Harbour Beach City of lnverness City of Jacksonville City of Jacksonville Beach Town of Juno Beach Town of Lady Lake City of Lake City City of Lakeland Town of Lantana City of Lauderdale Lakes City of Layton City of Lighthouse Point City of New Port Richey City of North Miami Beach Town of Palm Beach City of Palmetto Town of Pembroke Park City of Pembroke Pines City of Pinellas Park City of Pompano Beach Town of Ponce Inlet City of Sanibel City of Sarasota City of Seminole City of St. Cloud City of Stuart City of Tallahassee City of Tarpon Springs City of Temple Terrace Village of Wellington City of West Palm Beach http ://www. flcities. com/financial/investments/current-mem ber-li sting.asp 12/3/2007 Date Prepared: November 29, 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 137,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE CITY OF PALM BEACH GARDENS TO JOIN WITH OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MUNICIPAL INVESTMENT TRUST FOR THE PURPOSE OF PURCHASING SHARES OF BENEFICIAL INTEREST IN THE TRUST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.01 , Florida Statutes, authorizes the state, or any county, municipality, or political subdivision of the state, to jointly exercise any power, privilege, or authority which such governmental entities share in common and which each might exercise separately, and further provides such authority is in addition to and not in limitation of those granted by any other general, local, or special law; and WHEREAS, by Resolutions dated the 27'h day of January, 1993, the 25'h day of January, 1993, and the 14'h day of January, 1993, the governing bodies of the City of Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, respectively, found the creation of the Florida Municipal Investment Trust serves a municipal purpose and will offer diversified and professionally-managed portfolios for the investment of the assets of participating municipalities and other agencies or political subdivisions in or of the state; and WHEREAS, the authorized representatives for the City of Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, have executed the Agreement and Declaration of Trust on the 28'h day of April, 1993, creating the Florida Municipal Investment Trust which governs the purpose, administration, and operation of the Trust and its activities; and WHEREAS, the constitutional, statutory and judicial authorities in the State of Florida authorize municipalities and other agencies or political subdivisions in or of the state to join with other municipalities and other agencies or political subdivisions in or of the state for the purpose of investing and reinvesting surplus public funds; and WHEREAS, under the terms and provisions of the Agreement and Declaration of Trust creating the Florida Municipal Investment Trust, any municipality and any other agency or political subdivision in or of the state desiring to participate in the Trust as a member must become a party to the Agreement and Declaration of Trust; and WHEREAS, the Florida municipal Investment Trust is an authorized investment for units of local government in Florida under Section 218.415 (15), Florida Statutes; and Date Prepared: November 29, 2007 Resolution 137, 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 WHEREAS, it is the intent of the City of Palm Beach Gardens to participate in the Florida Municipal Investment Trust as a member and become a party to the Agreement and Declaration of Trust; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council finds that participation in the Florida Municipal investment Trust, a pooled-investment program, would be in the best interest of the City of Palm Beach Gardens, its officials, officers, and citizens in that such a program offers diversified and professionally-managed portfolios to meet investment needs, results in economies of scale that will create greater purchasing powers, and will thereby lower the cost traditionally associated with the investment of assets of the City of Palm Beach Gardens. SECTION 3. The City Council hereby expressly authorizes participation in the Florida Municipal Investment Trust as a member and will become a party to the Agreement and Declaration of Trust, as amended, which is adopted by reference with the same effect as if it had been set out verbatim in this section. SECTION 4. The City of Palm Beach Gardens is hereby expressly authorized to purchase shares of beneficial interest from time to time as funds are needed for other purposes, subject to the terms and restrictions of the Agreement and Declaration of Trust referred to in Section 3 and the most recent Informational Statement. These actions are to be taken by the officers designated for this purpose pursuant to general or specific instructions by the governing body of the City of Palm Beach Gardens. SECTION 5. The Trustees of the Trust are designated as having official custody of the City of Palm Beach Gardens’ funds which are invested by the purchase of shares of beneficial interest in the Trust. SECTION 6. The City of Palm Beach Gardens specifically finds and determines the following matters: 1. The conditions of the Agreement and the rights and responsibilities of members of the Trust are set forth in the Agreement and Declaration of Trust, as amended and in the most recent Informational Statement. 2 Date Prepared: November 29, 2007 Resolution 137, 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 2. 3. 4. 5. 6. Participation in the Trust shall be terminable at any time by the City of Palm Beach Gardens, subject to the terms and restrictions of the Agreement and Declaration of Trust, as amended, and the most recent Informational Statement. The Agreement and Declaration of Trust, as amended, and the purchase of its shares of beneficial interest are for the purpose of investing the City of Palm Beach Gardens’ funds as part of a pooled investment program with other agencies or political subdivisions in or of the state, thereby achieving economic and other advantages of pooled investments, and the powers and scope of authority delegated are set forth in the Agreement and Declaration of Trust, as amended. It is not necessary to finance the Agreement authorized herein from funds of the City of Palm Beach Gardens, except through the purchase of shares of beneficial interest in the Trust. The Trust shall be managed by a Board of Trustees as set forth in the Agreement and Declaration of Trust, as amended. The Board of Trustees of the Florida Municipal Investment Trust adopted Resolution 93-2 providing for general disclosure policies of the Trust‘s operations and Informational Statements for the benefit of members and prospective members of the Trust so that members and prospective members are fully aware of significant investment and administrative policies, practices, and restrictions of the investment portfolios of the Trust. SECTION 7. The Clerk of the City of Palm Beach Gardens is hereby directed to furnish a certified copy of this Resolution to the Florida League of Cities. SECTION 8. The City Council designates and authorizes the City Manager or Director of Finance to execute such applications and other documents as are required to invest and reinvest surplus funds of the’City of Palm Bach Gardens in shares of beneficial interest of the Trust‘s investment portfolios. SECTION 9. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: November 29, 2007 Resolution 137, 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 47 PASSED AND ADOPTED this day of , 2007. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Joseph R. Russo, Mayor BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNC I LMEMBER JABLl N CO U NC I LMEM B ER VALECH E COUNCILMEMBER BARN ETT -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\fmit participant - reso 137 2007.docx 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 30,2007 Meeting Date: December 20, 2007 Ordinance 32, 2007 SubjectlAgenda Item: Ordinance 32, 2007, amending the Fiscal Year 2006/2007 Budget [ X ] Recommendation to APPROVE [I Recommendation to DENY Reviewed by: City Attorney \ -- Department Director A Apqfd City Ma a 0 rig i n at i ng Dxt . : Finance fi Advertised: Date: [ ] Not Required Affected parties [ 3 Notified / [ ] Not required costs: $ 0 (Total) $0 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordnance 32,2007 Exhibit “1” [ ]None Date Prepared: November 30,2007 Meeting Date: December 20, 2007 Ordinance 32, 2007 BACKGROUND: As an integral part of the annual close-out process it is customary to prepare year-end budget amendments to ensure compliance with legal levels of control, and to help explain additions or deletions to fund balance. The increases/decreases to revenuedexpenditures contained in Exhibit “I” detail the variances that comprise this activity. This schedule segregates the variances that are a result of timing differences from current year differences. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 32, 2007 on first reading. 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 28 ORDINANCE 32,2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2006/2007 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2006/2007 Budget; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2006, through September 30, 2007, inclusive. SECTION 3. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: November 9, 2007 Date Prepared: November 9, 2007 Ordinance 32. 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 47 PASSED this day of , 2007, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor David Levy, Vice Mayor FOR AGAINST ABSENT Eric Jablin, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL S U FFlCl E NCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDlNANCESbudget amend 2006-07 4th qtr - ord 32 2007.docx 2 12/7/2007G:\finance-administration\Budget Amendments\FY 2006_2007\FY 2007 year end amendment Contingency Salaries Printing and Binding M&S AlPP City of Palm Beach Gardens Ordinance 32,2007 - Budget Amendment FYE 09/30/2007 Exhibit "1" GENERAL FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 001.01 00.51 1.5910 (30,000) (30,000) Total Increase (Decrease) In Council (30,000) (30,000) 001.0200.512.1210 (42,000) (42,000) Total Increase (Decrease) In Administration 001.0210.552.4710 001.0210.552.5201 Total Increase (Decrease) In Economic Development Part Time Salaries 001.0220.512.1310 Equipmant Rental 001.0220.512.4420 Maintenance Contracts 001.0220.512.4650 M&S Software 001.0220.512.5210 Capital Equipment Software 001.0220.512.6450 Salaries Health and Life Insurance Election Expense Professional Services Total Increase (Decrease) In Information Tech (42.000) (42,000) (13,000) (13,000) (20,500) (20,500) (33,500) (33,500) (32,000) (32,000) (28,000) (28,000) (13,133) (13,133) (1,730) (1,730) (76,151) (76,151) (60,000) (91,014) (1 51.01 4) 001.0230.512.1210 (9,000) (9,000) 001.0230.512.2310 (27,000) (27,000) 001.0230.512.5295 (1 0,000) (10,000) Total Increase (Decrease) In City Clerk (46,000) (46,000) 001.0240.514.3160 (64,000) (64,000) Total Increase (Decrease) In Legal (64,000) (64,000) Printing ans Binding 001.0250.512.4710 (14,058) (14,058) Total Increase (Decrease) In Public Relations (14,058) (14,058) 1 12/7/2007G:\finance-administration\Budget Amendments\FY 2006-2007\FY 2007 year end amendment Salaries Part Time Salaries Retirement Contributions Health and Life Insurance Professional Services 001.0300.513.1210 001.0300.513.1310 001.0300.513.2210 001.0300.513.2310 001.0300.513.3150 (17,000) (17,000) (9,000) (9,000) (17,500) (17,500) (21,000) (2L000) (13,000) (13,000) Total Increase (Decrease) In Human Resources (77,500) (77,500) (2,964) (2,964) 5,993 5,993 Professional Services Salaries 001.0600.513.3150 001.0600.513.1210 Total Increase (Decrease) In Finance 5,993 (2,964) 3,029 Worker's Comp Insurance Garbage Collection Electricity Professional Services Conhactual Services Tipping Fees Insurance Membership Dues CIP Interest Expense Payment to Def Ben Plan 001.0900.519.2410 001.0900.519.3440 001.0900.519.4320 001.09OO.519.3150 001.0900.519.3455 001.0900.519.4330 001.0900.519.4500 001.0900.519.5420 001.0900.519.6900 001.0900.519.7210 001.0900.519.9500 124,000 124,000 62,000 62,000 176,000 176,000 17,000 17,000 14,000 14,000 10,000 10,000 72,000 72,000 9,550 9,550 95,000 95,000 3,600 3,600 98,000 98,000 Total Increase (Decrease) In General Services 681,150 681,150 Salaries Health and Life Insurance Telephone Repairs and Maintenance Equipment . Radio Consortium Expendih 001.10OO.521.1210 001.1000.521.2310 001 .I 000.m .4Tm 001.1000.521.4600 001.1000.521 .6400 001.1000.521.8120 (95,000) (95,000) (38,000) (38,000) (26,000) (5,320) (3~3~) (38,000) (38,000) (35,805) (35,805) (4,100) (91,394) (95,494) Total Increase (Decrease) In Police Admin (197,000) (45,225) (91,394) (333,619) Salaries Uniform and Leather Good 001.1030.521.1210 001.1030.521.5294 (102,000) (1 02,000) (179) (179) Total Increase (Decrease) In Police Uniform Ops (1 02,000) (179) (102,179) Printing and Binding Books and Subscriptions 001.1040.521.4710 001.1040.521 5410 (343) (343) (36) (36) Total Increase (Decrease) In Police Special Ops Salaries Overtime Conversion of Leave 001.1200.522.1210 001.1200.522.1410 001.1200.522.1550 Total Increase (Decrease) In Fire Admin 2 Salaries Repairs and Maintenance Equipment Salaries Professional Services Salaries Overtime Retirement Contributions Health and Life Insurance Salaries Retirement Contributions Health and Life Insurance Salaries Salaries CIP Part Time Salaries FICA Retirement Contributions Health and Life Insurance Salaries Salaries 001.1230.522.1210 001.1230.522.4600 001.1230.522.6400 Total Increase (Decrease) In Fire EMS 001.1400.515.1210 001.14OO.515.3150 Total Increase (Decrease) In Growth Mgmt Admin 001.1420.515.1210 001.1420.515.1410 001.1420.515.2210 001.1420.515.2310 Total Increase (Decrease) In P&Z 001.1430.524.1210 001.1430.524.2210 001.1430.524.231 0 Total Increase (Decrease) In Code Enforcement 001.1460.515.1210 Total Increase (Decrease) In CIS 72,000 (2425) (41,894) 72,000 (2,425) (41,894) 72,000 (44,319) 27,681 (26,000) (27,000) (19,432) (26,000) (46,432) (53,000) (19,432) (72,432) (98,000) (98,000) (37,000) (37,000) (40,000) (40,000) (1 2,000) (12,000) (187,000) (187,000) (181,000) (181,000) (30,000) (30,000) (34,000) (34,000) (245,000) (245,000) (35,000) (35,000) (35,000) (35,000) 001.2000.572.1210 (46,000) (46,000) 001.2000.572.6900 (218,926) (962,539) (1,181,465) Total Increase (Decrease) In Recreation Admin (46,000) (218,926) (962,539) (1,227,465) 001.2030.572.1310 (64,000) (64,000) 001.2030.572.2110 (8,000) (8,000) 001.2030.572.2210 (6,000) (6,000) 001.2030.572.2310 (4,600) (4,600) Total Increase (Decrease) In Athletics (82,600) (82,600) 001.2031.572.1210 (28,000) (28,000)- Total Increase (Decrease) In Seniors (28,000) (28,000) 001.2032.572.4600 34,500 34,500 Total lncrease (Decrease) In Aquatics 34,500 34,500 3 Salaries Conversion of Leave Health and Life lnsurance Equipment Salaries Conversion of Leave FICA Retirement Contributions Health and Life lnsurance Health and Life Insurance 001.2033.572.1210 001.2033.572.1550 001.2033.572.2310 001.2033.572.6400 Total Increase (Decrease) In Tennis 001.2040.572.1210 001.2040.572.1550 001.2040.572.2110 001.2040.572.2210 001.2040.572.2310 Total Increase (Decrease) Rec General & Teen Prgm 001.2041.574.2310 Total lncrease (Decrease) Spec & Cultural Events Salaries 001.2080.519.1210 FICA 001.2080.519.2110 Retirement Contributions 001.2080.519.2210 Health and Life lnsurance 001.2080.519.2310 Repair and Maintenance 001.2080.519.4600 Total lncrease (Decrease) In Parks Salaries Contractual Services ClP 001.2090.539.1210 001.2090.539.3400 001.2090.539.6900 Total lncrease (Decrease) In Grounds Salaries 001.3000.539.1210 Health and Life lnsurance 001.3000.539.2310 Professional Services 001.3000.539.3150 Prof Services-Remediation 001.3000.539.3155 Total lncrease (Decrease) In PW Admin 24,000 24,000 8,000 8,000 5,100 5,100 (6,050) (6,050) 37,100 (6,050) 31,050 17,000 17,000 15,000 15,000 5,000 5,000 4,000 4,000 5,000 5,000 46,000 46.000 12/7/2007G:\finance~adrninistration\Budget Amendments\FY 2006-2OOWY 2007 year end amendment (57,000) (5,700) (18,000) (16,000) (41,000) (137,700) (57,000) (5,700) (18,000) (16,000) (41,000) (137,700) (73,000) (73,000) (73,000) (73,000) 42,000 26,000 94,000 (12,614) (37,753) 42,000 26,000 81,386 (37,753) 162,000 (50,366) 111,634 Contractual Services Repairs and Maintenance Materials and Supplies Equipment CIP 001.3030.539.3400 24,000 24,000 001.3030.539.4600 (31,035) (29s 56) (60,191) 001.3030.539.5200 18,000 18,000 001.3030.539.6400 (298,863) (298,863) 001.3030.539.6900 (97,875) (65,139) (163,014) Total Increase (Decrease) In Facilities Maintenance 42,000 (128,910) (393,158) (480,069) 4 Salaries CIP Overtime CIP Salaries Health and Life Insurance Other Contractual Services Electricity Salaries Health and Life Insurance Salaries Overtime Incentive Pay FICA Retirement Contributions Health and Life Insurance CIP Ad valorem taxes Electric Franchise Fee Telecommunications Tax Federal Grants Building Permits Application Filing Fees Fines and Forfeitures Interest Income Unrealized Gain/Loss Other Miscellaneous Revenu Transfer In 001.3040.541.1210 001.3040.541.6900 Total Increase (Decrease) In Storm Water 001.3050.541.1410 001.3050.541.6900 Total Increase (Decrease) In Streets 001.3070.539.1210 001.3070.539.2310 001.3070.539.3400 001.3070.539.4320 Total Increase (Decrease) In BRCRC Maint 001.3080.539.1210 001.3080.539.2310 Total Increase (Decrease) In Riverside Maint 001.3090.524.1210 001.3090.524.1410 001.3090.524.1510 001.3090.524.2110 001.3090.524.2210 001.3090.524.2310 001.3090.524.6900 Total Increase (Decrease) In Construction Services Total Increase (Decrease) In Expenditures RevenueqSources 001.311.2000 001.313.1000 001.314.2000 001.331.1000 001.322.0000 001.329.0002 001.351.1050 001.361 .lo01 001.367.0000 001.369.0000 001.381 .OOOO Total Increase (Decrease) RevenueqSources (30,000) (30,000) (1,001,198) (257,856) (1,259,054) (30,000) (1,001,198) (257,856) (1,289,054) 8,000 7,000 8,000 7,000 15,000 15,000 (140,000) (1 40,000) (43,000) (43,000) (32,000) (32,000) (39,000) (39,000) (135,000) (1 35,000) (20,000) (20,000) (34,000) (34,000) (308,000) (1 35,000) (443,000) (781,557) (1,623,020) (1,839,948) (4,244,525) Operating Differences Total Increase (Decrease) In Revenues 64,000 64,000 (298,000) (298,000) 50,000 50,000 11 7,000 117,000 163,000 163,000 258,000 258,000 106,000 106,000 170,000 170,000 34,000 34,000 200,000 200,000 374,999 374,999 1,238,999 1,238,999 Increase(Decrease) to Reserves 2,020,556 1,623,020 1,839,948 5,483,524 5 Part Time Salaries Contract Services Professional Services Material and Supplies Part Time Salaries Aquatics Resources Programs Tennis Programming Tennis Memberships Athletics and Spec Facilities Youth Enrichment lnterest Income Electricity Repairs and Maintenance FEC Maintenance Local Option Gas Tax lnterest Income Miscellaneous Revenue RECREATION SPECIAL REVENUE FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 104.2000.575.1310 104.2030.575.3400 104.2033.572.1310 104.2033.572.5200 104.2040.575.1310 Total Increase (Decrease) Expenditures RevenuedSources 104.347.2032 104.347.2070 104.347.2080 104.347.2090 104.347.2091 104.5472092 104.347.2093 104.361.1001 Total Increase (Decrease) Revenues/Sources (60,000) (23,000) (20,000) (3,644) (30,000) (60,000) (=,ow (20,000) (3,644) (30,000) (133,000) (3,644) (136,644) Operating Differences 19,000 (30,000) (35,000) (40,000) 86,000 (68,000) (167,000) 10,500 Total Increase (Decrease) In Revenues 19,000 (30,000) (35,000) (40,000) 86,000 (1 67,000) 10,500 (68,000) (224,500) (224,500) Increase(Decrease) to Reserves (91,500) 3,644 (87,856) LOCAL OITION GAS TAX Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 103.3000.539.4320 103.3000.539.4600 103.3000.539.4660 (32,000) (270,000) (32,000) (270,000) (I 53,893) (1 53,893) 12/7/2007G:\finance-administration\Budget Amendments\FY 2006-2007lFY 2007 year end amendment Total lncrease (Decrease) Expenditures Revenues/Sources 103.312.3000 103.361.1001 103.369.0000 (302,000) (153,893) (455,893) Total Operating Differences 100,000 33,000 91,000 Increase (Decrease) In Revenues 100,000 33,000 91,000 Total Increase (Decrease) Revenues/Sources 224.000 224.000 Increase(Decrease) to Reserves 526,000 153,893 679,893 6 RECREATION IMPACT FUND CIP Professional Services Recreation Grant (FRDAP) Interest Income Professional Services Equipment CIP Interest Income Police Impact Fees Total Reserved for Designated for Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures (2,387,318) 301.2000.572.6900 2,000 (49,864) (2,339,454) 301.2000.572.3150 31,000 (8,811) 22,189 Total Increase (Decrease) Expenditures 33,000 (49,864) (2,348,265) (2,365,129) Revenues/Sources Operating Differeces 301.334.9020 473,325 301.361 IO01 35,000 Total Increase (Decrease) In Revenues 473,325 35,000 Total Increase (Decrease) Revenues/Sources 508,325 508,325 Increase(Decrease) to Reserves 475,325 49,864 2,348,265 2,873,454 POLICE IMPACT FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Cany Forward Carry Forward In Expenditures Expenditures 302.1000.521.3150 5,300 5,300 302.1000.521 .MOO 2,600 (756,757) (754,157) 302.1000.521.6900 (974,037) (974,037) Total Increase (Decrease) Expenditures 7,900 (756,757) (974,037) (1,722,894) Total Revenues/Sources Operating Increase (Decrease) Differences In Revenues 302.361 .lo01 47,000 47,000 302.363.2200 Total Increase (Decrease) Revenues/Sources 47,000 47,000 Increase(Decrease) to Reserves 39,100 756,757 974,037 1,769,894 7 Professional Services Materials and Supplies Interest CIP Interest Income Fire Impact Fees Professional Services CIP Art Impact Fees FIRE IMPACT FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 303.1 200.522.3150 303.1 200.522.5200 303.1200.522.7210 303.1200.522.6900 Total Increase (Decrease) Expenditures Revenues/Sources 303.361.1001 303.363.2200 Total Increase (Decrease) Revenues/Sources 8,772 8,772 27,000 27,000 1,500 1,500 (1,328) (1,328) 37,272 (1,328) 35,944 Operating Differences Total Increase (Decrease) In Revenues Increase(Decrease) to Reserves (37,272) 1,328 (35,944) ART IMPACT FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Cany Forward Cany Forward In Expenditures Expenditures 304.1400.515.3150 304.i400.5i5.6900 Total Increase (Decrease) Expenditures Revenues/Sources 304.363.z700 Total Increase (Decrease) Revenues/Sources lncrease(Decrease) to Reserves 12~/2007G:\finance~administration\Eudget Amendments\FY 2006_2007\FY 2007 year end amendment 15,500 15,500 (248,720) (248,720) 15,500 (248,720) (233,220) Total Operating Increase (Decrease) Differences In Revenues 149,000 149,000 149,000 149,000 133,500 248,720 382,220 8 Professional Services CIP Interest lncome Training and Education Travel and Per Diem Fines and Forfeitures Interest ROAD IMPACT FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Cany Forward Carry Forward In Expenditures Expenditures 305.0900.541.3150 305.0900.541.6900 Total Increase (Decrease) Expenditures Revenues/Sources 305.361.1001 Total Increase (Decrease) Revenues/Sources 37,000 37,000 6,000 (475,281) (2,163,044) (2,632,325) 43,000 (475,281) (2,163,044) (2,595,325) Operating Differences 250,000 Total Increase (Decrease) In Revenues 250,000 250.000 250.000 Increase(Decrease) to Reserves 207,000 475,281 2,163,044 2,845,325 POLICE TRAINING FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Cany Forward Carry Forward In Expenditures Expenditures 002.1000.521.3810 (12,000) 002.1000.521.4010 (5,000) (1 2,000) (5,000) 12/7/2007G:\finance-adrninistration\Budget ArnendrnentdN 2006_2007\FY 2007 year end amendment Total Increase (Decrease) Expenditures (17,000) (17,000) Total Revenues/Sources Operating Increase (Decrease) Differences In Revenues 002.351.1000 (4,700) (4,700) oO2.361.1001 (70) (70) Total Increase (Decrease) Revenues/Sources (4,770) (4,770) Increase(Decrease) to Reserves 12,230 12,230 9 CIP Interest Income Part Time Salaries Electricity Insurance Retirement Contribution Repairs and Maintenance Health and Life Insurance Interest Income Rental Proceeds Miscellaneous Revenue BURNS ROAD FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Cay Forward Cany Forward In Expenditures Expenditures 309.0900.519.6900 (6,450) (31,627) (38,077) Total Increase (Decrease) Expenditures (6,450) (31,627) (38,077) Revenues/Sources Operating Differences Total Increase (Decrease) In Revenues 309.361.1001 Total Increase (Decrease) Revenues/Sources Increase(Decrease) to Reserves 6,450 31,627 38,077 GOLF FUND Reserved for Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Carry Forward Carry Forward In Expenditures Expenditures 106.2500.572.1310 (15,000) 106.2500.572.4500 (43,000) 106.2540.572.4600 (1 5,000) 106.2550.572.2310 (1 8,000) 106.2500.572.4320 (12,000) 106.2540.572.2210 (1 0,000) Total Increase (Decrease) Expenditures (113,000) Revenues/Sources Operating Differences 106.361.1001 (9,500) 106.362.1000 19,000 106.369.1000 11,000 (15,000) (12,000) (43,000) (~0,000) (15,000) (18,000) (113,000) Total Increase (Decrease) In Revenues (9,500) 19,000 11,000 12/7/2007G:\finance~administration\Budget AmendmentdFY 2006_2007\FY 2007 year end amendment Total Increase (Decrease) Revenues/Sources 20,500 20,500 Increase(Decrease) to Reserves 133,500 133,500 10 CIP 12/7/2007G:\finance~administration\Budget Amendments\FY 2006-2007IFY 2007 year end amendment POLICE GRANTS FUND Reserved for. Designated for Total Current Year P.O. CIP Increase/ (Decrease) Differences Cany Forward Cany Forward In Expenditures Expenditures 101.1080.521 5400 1,500 1,500 Total Increase (Decrease) Expenditures 1,500 Revenues/Sources Operating Differences 1,500 Total Increase (Decrease) In Revenues Miscellaneous Revenue 101.369.1000 1,500 1,500 Total Increase (Decrease) Revenues/Sources 1,500 1,500 Increase(Decrease) to Reserves 2,915,016 7,760,862 11 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 30,2007 Meeting Date: December 20, 2007 Ordinance 33, 2007 SubjecUAgenda Item: Ordinance 33, 2007, amendinq the Fiscal Year 2007/2008 - Budget [ X ] Recommendation to APPROVE [I Recommendation to DENY Reviewed by: City Attorney/ Finance D' ct r /a ;@ Department Director City Manager OriginatingApt.: Advertised: Date: [ ] Not Required Affected parties / [ ] Notified [ ] Not required costs: $ 0 (Total) $0 Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 33, 2007 Exhibit "1" [ ]None Date Prepared: November 30,2007 Meeting Date: December 20, 2007 Ordinance 33, 2007 BACKGROUND: Under Generally Accepted Accounting Principals, as one fiscal year comes to a close and a new fiscal year begins, the City is required to carry fotward the funds appropriated for prior year obligations that will be paid in the new fiscal year. This ordinance amends the FY 2007/2008 budget for amounts reserved and designated from FY 2006/2007 for outstanding purchase orders and commitments as they relate to open projects that cross fiscal years. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 33,2007 on first reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 33,2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2007/2008 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2007/2008 Budget; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2007, through September 30, 2008, inclusive. SECTION 3. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 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 30 39 40 41 42 43 44 45 46 47 Date Prepared: November 9, 2007 Ordinance 33, 2007 PASSED this day of , 2007, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Joseph R. Russo, Mayor David Levy, Vice Mayor Eric Jablin, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney AGAINST ABSENT G:\attorney-share\ORDINANCES\budget amend 2007-08 - ord 33 2007.docx 2 12/3/2007G:\finance_administration\Budget Amendments\FY 2007_2008\0rdinance 33 2007 CF Expenditures 001.0100.51 1.3150 001.0210.552.3150 001.0220.512.3810 001.0220.512.4420 001.0220.512.4650 001.0220.512.5210 001.0220.51 2.6450 001.0250.512.4710 001.0600.513.3150 001.0900.519.6900 001.0900.51 9.91 00 001.0900.519.9920 001.1000.521.41 10 001.1000.521.6400 001.1000.521 .8120 001.1030.521.5294 001.1030.521.6410 001.1040.521.4710 001.1040.521.5294 001.1040.521 5410 001.1040.521.6400 001.1200.522.3150 001.1230.522.4600 001.1230.522.6400 001.1230.522.6410 001.1400.515.3150 001.1400.51 5.3151 001.1430.524.5200 001.2000.572.6900 001.2033.572.6400 001.2080.519.6400 001.2080.51 9.6900 001.2090.539.31 50 001.3000.539.31 50 001.3000.539.3155 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 001.3090.524.6900 Total Increase in Expenditures Revenues 001.337.9000 001.342.6000 001.366.2000 001.369.0000 001.389.0000 Total Increase in RevenueslSources City of Palm Beach Gardens Ordinance 33,2007 - Budget Amendment FYE 09/30/2008 Exhibit "1" GENERAL FUND Reserved for Purchase Orders 13,133 1,730 76,151 14.058 2,964 5,320 35,805 4,100 179 343 36 2,425 41,894 19,432 218.926 6.050 12,614 37,753 31,035 97,875 1,001,198 Designated for Grants and Increase/ (Decrease) Projects Other Revenue To Budget 91,394 962,539 29,156 65,139 298,863 13,133 1,730 76,151 14,058 2,964 5,320 35,805 95,494 179 343 36 2,425 41 .894 19,432 1,181,465 6,050 12,614 37,753 60,191 298,863 163,014 257.856 1,259,054 135,000 135,000 1,623,020 1,839,948 3,462,968 Fund Balance - Fund Balance - Grants and Increase/ (Decrease) Reserved Designated Other Revenues To Budget 1,623,020 1,839,948 1,623,020 1,839,948 1 3,462,968 3,462,968 12/3/2007G:\finance-administration\Budget Amendments\FY 2007_2008\0rdinance 33 2007 CF LOCAL OPTION GAS TAX FUND Reserved for Designated for Grants and Increase/ (Decrease) Expenditures Purchase Orders Projects Other Revenues To Budget 103.3000.539.4600 153.893 153,893 103.3000.539.6900 103.3000.539.4660 Total Increase in Expenditures 153,893 153,893 Revenues 103.389.0000 Total Increase in RevenueslSources Fund Balance - Fund Balance - Grants and Increase/ (Decrease) Reserved Designated Other Revenues To Budget 153,893 153,893 153,893 153,893 RECREATION IMPACT FUND Reserved for Designated for Grants Increase/ (Decrease) Expenditures Purchase Orders Projects Other Revenues To Budget 301.2000.572.5200 8,811 301.2000.572.6400 24,400 301.2000.572.6900 49,864 2,315,054 8,811 24,400 2.364.918 Total Increase in Expenditures 49,864 2,348,265 2,398,129 Fund Balance - Fund Balance - Grants Increase/ (Decrease) Revenues Reserved Designated Other Revenues To Budget 301.381 .OOOO 301.389.0000 49,864 2,348,265 2.398.1 29 Total Increase in RevenueslSources 49,864 2,348,265 2,398,129 2 12/3/2007G:\finance~administration\Budget Amendments\FY 2007_2008\0rdinance 33 2007 CF POLICE IMPACT FUND Expenditures 302.1 000.521.6400 302.1000.521.6900 Total Increase in Expenditures Revenues 302.389.0000 Total Increase in RevenueslSources Expenditures 303.1 200.522.6400 303.1 200.522.6900 Total Increase in Expenditures Revenues 303.389.0000 Total Increase in RevenueslSources Reserved for Designated for Grants Increase/ (Decrease) Purchase Orders Projects Other Revenues To Budget 756.757 756,757 974,037 974,037 756,757 974,037 Fund Balance - Fund Balance - Grants Reserved Designated Other Revenues 756,757 974,037 756,757 974,037 FIRE IMPACT FUND Reserved for Designated for Grants Purchase Orders Projects Other Revenues 1178 1,730,794 Increase/ (Decrease) To Budget 1,730,794 1,730,794 Increase/ (Decrease) To Budget 1.328 Fund Balance - Fund Balance - Grants Increase/ (Decrease) Reserved Designated Other Revenues To Budget 1,328 1,328 3 ART IMPACT FUND Expenditures 304.1 400.51 5.6900 304.1 400.51 5.9920 Total Increase in Expenditures Revenues 304.389.0000 Total Increase in RevenueslSources Expenditures 305.0900.541.6300 305.0900.541.6900 Total Increase in Expenditures Revenues 305.369.0000 305.389.0000 Total Increase in RevenueslSources Reserved for Designated for Current Year Increase/ (Decrease) Purchase Orders Projects Transfer To Budget 248.720 248,720 248,720 248,720 Fund Balance - Fund Balance - Reserved Designated 248.720 248.720 ROAD IMPACT FUND Reserved for Designated for Purchase Orders Projects Increase/ (Decrease) To Budget 248,720 248,720 Increase/ (Decrease) To Budget 475,281 2.1 63,044 2,638,325 2,638,325 475,281 2,163,044 Fund Balance - Fund Balance - Reserved Designated 475,281 2,163,044 475,281 2,163,044 Increase/ (Decrease) To Budget 2,638,325 2,638,325 4 12/3/2007G:\finance-adrninistration\Budget ArnendrnentdFY 2007_2008\0rdinance 33 2007 CF BURNS ROAD IMPROVEMENT FUND Reserved for Designated for Expenditures Purchase Orders 309.0900.519.31 70 309.0900.51 9.6900 Total Increase in Expenditures Revenues 309.389.0000 Total Increase in RevenuedSources 6.450 6,450 Fund Balance - Reserved 6.450 6,450 Projects 31,627 31,627 Fund Balance - Designated 31,627 31,627 GOLF FUND Reserved for Designated for Expenditures Purchase Orders Projects 106.2540.572.6900 Total Increase in Expenditures Fund Balance - Revenues Reserved Designated Fund Balance - 106.389.0000 Total Increase in RevenueslSources Increase/ (Decrease) To Budget 38,077 38,077 Increase/ (Decrease) To Budget 38,077 38.077 Increase/ (Decrease) To Budget Increase/ (Decrease) To Budget 5 FLEET FUND Reserved for Designated for Expenditures Purchase Orders Projects 501.3020.539.4640 501.3020.539.5270 501.3020.539.6410 181.633 501.3020.539.6900 501.3020.539.9920 Total Increase in Expenditures 181,633 Fund Balance - Fund Balance Revenues Reserved Designated 501.389.0000 181,633 Total Increase in RevenueslSources 181.633 Current Year Increase/ (Decrease) Transfer To Budget 181,633 181,633 Increase/ (Decrease) To Budget 181,633 181,633 RECREATION SPECIAL REVENUE FUND Reserved for Designated for Current Year Increase/ (Decrease) To Budget Expenditures Purchase Orders Projects Transfers 104.2033.572.5200 104.0900.51 9.9920 3,644 3,644 Total Increase in Expenditures 3,644 3,644 Fund Balance - Fund Balance - Revenues Reserved Designated 104.389.0000 3,644 Increase/ (Decrease) To Budget 3,644 Total Increase in RevenuedSources 3.644 3,644 3,096,649 7,760,862 10,857.51 1 6 City of Palm Beach Gardens Council Agenda December 20,2007 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Valeche Council Member Barnett J b. CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 20,2007 7:OO P.M. 4L PLEDGE OF ALLEGIANCE /II. ROLLCALL J IIL ADDITIONS. DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: Certificate of Achievement to Eric Rule Markisen, Troop 155, for earning Eagle Scout. My Safe Florida Home JV. JVL Jvn, ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: CITY MANAGER REPORT COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, DIease submit reauest form to the Citv Clerk Drior to this Item) CONSENT AGENDA: a b. JPape 5) Approve Minutes from October 4,2007 regular City Council meeting. JPaPe 16) Approve Minutes fiom October 18,2007 regular City Council meeting. [Pape 27 4pprove Minutes from November 1, 2007 regular City Council meeting. JPaee 35' Ipprove Minutes fiom November 15, 2007 regular City Council meetir,,. d. C. IX. PUBLIC HEARINGS: Part I - Quasi-iudicial (Staff Renort on Page 39, Ke$olution on Page 87) Resolution 131, 2””. Redevelopment of Palm Beach Gardens Elementary School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan aod a major coaaditional use fur the I 1 .#-acre parcel of land, generally located at lthe Northeast comer of Holly Drive and Riverside Drive, as more particularly ‘described herein, to be referred to as the “Palm Beach Gardens Elementary School”; allowing the redevelopment of the existing elementary school; providing for conditions of approval; and providing ”ecti dat shp.9- ””& 43’” X. - B IStaff ReDort on Page 93, Resolution on Page 135) nt;suiuuuu. 132, 200, Redevelopment of Allamanda Elementary School. Resolution of the City ouncil of the City of Palm Beach Gardens, Florida approving the site plan and a ajor conditional use for the 14.9-acre parcel of land, gendy located at the scrii herein, to be refmed to as the “Affamanda EIementary School”; llowing the redevelopment of the existing elementary school; providing for onditions of approval; and providing an effective datc comer of Allamanda Lane and Nogal Circle, as more particularly (Staff Renort on Pafc 140. Rcsolrrtinn nn Page 142) Anspavh Ffffid Dlit. A Resolution of the City CvuLIbll ;suIutlwn 133, LWWI - =e City of Palm Beach GZKh nnrnvinu the Ancnarh Fffnrt Plat- snd prnviAinn pn ~Rbtix7~ date, Part 11 - Non-Quasi-judicial RESOLUTIONS: a. (Staff Report on Page 147, Resolut 11 Pape 149) Resolution 130, 2007 - Vehicle Purchase Award. A Resohti611 UI the City Council of the City of Palm Beach Gardens, Florida awarding contracts for the purchase of twenty one vehicles to Alan Jay Import Center, Mer Chevrolet, Duval Ford, Beck Auto Sales, and Classic Chevrolet via existing contracts with the Florida Sheriffs Association, Contrad Nos. 07-15-0827 and 06-14-0821; and providing an effective date. b. (Staff Report on pe 153, 1 n on Resolution 135, 2007 Investment Policy Amendment. A Kesoiution 01 tne city Council of the City of Palm Beach Gardens, Florida approving an amended Investment Policy; and P providing an effective date. C. lStaff ReDort on Pape 200. Resolution on Page 209) Resolution 137, 2007 Florida Municipal Investment Trust. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City of Palm Beach Gardens to join with other local governmental units as a participant in the Florida Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in the trust; and providing an effective date. c" XI ORDINANCES: (For Consideration on First Reading) a. @ (Staff ReDort on PaPe 213, Ordinance on Pape 215) Ordinance 32,2007 - (lst reading) Fiscal Year 2006/2007 Budget Amendment. an Ordinance of the City bund of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardew' Budget for the Fiscal Year beginning October 1, 2006, and Rnding September 30,2007, inclusive; and providing an effective datq P b. (Staff Report on Page 228, Ordinance on Page 23G~ reading) Fiscal Year 2007/2008 Budget Amendment. of the City of Palm Beach Gardens, Florida amending the City of Palm 30,2008, inclusive; and Droviding an effective date each Gardens' Budget for the Fiscal Year beginning October 1. 2007. and XIL ITEMS FOR COUNCIL, ACTION/DISCUSSION: XIIL CITY A'ITORNEY REPORT XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any inkmsted patty wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons wiU need a record of the proceedings and may need to ensure that a verbatim record is made, inchding the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 28626, F70ridh Statutes, persons with disabilities dng special aecommohtions in order to participate in this proceeding are entitled to the provision of certain assistance at no cosf. please call the City Clerk's Office at 561-799-4122 no later than 5 &ys prior to the hearing if this assistance is required For hearing impaired asshkmce, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agenda December 20,2007 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 II f Mayor Russo Vice Mayor Levy Council Member Jablin 1 Council Member Valeche Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 20,2007 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: / a. Certificate of Achievement to Eric Rule Markisen, Troop 155, for earning Eagle scout. 3: I I b. My Safe Florida Home 7'. Ib TODY 8013rrl 3 'a 0 fd- w V. VI. CITY MANAGER REPORT: VII. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: h COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit reauest form to the City Clerk prior to this Item) 71 (/3 VIII. CONSENT AGENDA: a. JPree I lpprove Minutes from October 4,2007 regular City Council meeting. b. JPme 16) Approve Minutes from October 18,2007 regular City Council meeting. C. pace 273 Approve Minutes from November 1, 2007 regular City Council meeting. d. JPape 35) Approve Minutes from November 15, 2007 regular City Council meeting. $:It- RCPQfl On p age 39. Resolution a~ Page 87l Resolution 131, 2007 - Redevelopment of Palm Beach Gardens Elementary School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan and a major conditional use for the 1 1.44-acre parcel of land, generally located at the Northeast corner of Holly Drive and Riverside Drive, as more particularly described herein, to be referred to as the “Palm Beach Gardens Elementary School”; allowing the redevelopment of the existing elementary school; providing for conditions of approval; and providing an effective date. JStaff R~DO rt on ape 93. Rtfalutian 04 Pam 135) Resolution 132, 2007 - Redevelopment of Allamanda Elementary School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan and a major conditional use for the 14.9-acre parcel of land, generally located at the Southwest corner of Allamanda Lane and Nogal Circle, as more particularly described herein, to be referred to as the “Allamanda Elementary School”; -9 H&Od allowing the redevelopment of the existing elementary school; providing for conditions of approval; and providing an effective date. JStaff Rmort on Pan 140. Reso lu.tion on Page 142) Resolution 133, 2007 - Anspach Effort Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Anspach Effort Plat; and providing an effective pt&L Y- sv C. B’4’’ X. RESOLUTIONS: a. g8at7 8/- effective date. lStaff ReDort ba Pat e 147. RcsolHtlon OB p ape 149) Resolution 130, 2007 - Vehicle Purchase Award. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding contracts for the purchase of twenty one vehicles to Alan Jay Import Center, Garber Chevrolet, Duval Ford, Beck Auto Sales, and Classic Chevrolet via existing contracts with the Florida Sheriffs ,3= Association, Contract Nos. 07-15-0827 and 06-14-0821; and providing an c(4 b. JStaff Report on P me 153. Resolution on P ape 192) Resolution 135, 2007 Investment Policy Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended Investment Policy; and providing an effective date. i .. C. Dtaff. -14 on Pam 200. Resolution on P apt 2091 Resolution 137, 2007 Florida Municipal Investment Trust. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City of Palm Beach Gardens to join with other local governmental units as a participant in the Florida Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in the .. . g\ @ trust; and providing an effective date. /q a* {Staff Report on Pace 213, Ordinance on,Paee 2151 Ordinance 32, 2007 - (lst reading) Fiscal Year 2006/2007 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2006, and g\. 3 effective date. Ordinance 33, 2007 - (lst 4 reading) Fiscal Year 2007/2008 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2007, and ending September 30,2008, inclusive; and providing an effective date. ‘4 t4obw f.;;Ic Gv sa XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: I Nfi XIV. ADJOURNMENT 8: 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 md Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost, Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: \TO t-tM Cp?tCIA Address: i6r am/r T&z bn. City: F-L OUR Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Name: Print COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: 7fi- tSI,r)Sdd Subject: “fY 0 v&Q/ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council E Please Print Name: Address: 3 Gcm hw City: v43c 6 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. n a m m 31 P 3 E* 0, s. 0 Y P cc 3 c3 r, 5 cp 0 e e, e L. L FCI. www WNF NNN 000 000 444 u u u I I I L U cp L. cc $ a L. e, 5 cp 0 CI cp CI cc a % s $ cp L. cc E: 8 0 cp 1 % e m cp w P a T 3 E' z ii' Y 0 w cc CD 3. P cd cd P e, U : cc cp e, 9 m* cp m m cp e 0 3 3 cp Y cc m U 9 cp P e, (Io z. P e, a m (%, 0 m = E cp cp eflr L L e, cc E' 0 cp CI z * 3 3 4 L. cc Y m 5 0 M 0 e P e 93 P 3 a m cp U ;I r' L. cc cc 0 6 cp Y cc m P cp 5 P c cp s '3 a P cp vr, e 5 $i 0 Y a 8 6' Y 5 r+ P s cc '0 Y cp 0 0 r cc 5 CI E. PUBLIC HEAR;LNGS : 12n0/20@7 B PartI-0Sl.r HUdicirl Title Read: Hearingopened: Ex-Parte:JB DL J’R HV EJ Petithex presentation: StaffRcseatation: HearingCiosed: Bring back &r discussion: Motion: Vote: Title Red. Hearingopened: Ex-Parte:JB DL JR HV EJ Petitioner jmsentatioa: Staff Presentation: Hearingclosed: Bring back fbr discussion: Motioa: Vote: 131,2007 - Redevelopment of Palm Beach Gardens Elementary schod. A ~~lution of the City council of the city of Palm Beach Gardens, Florida apjmvhgthe site plan d a mjor wmlitional use for the 11.44-acre parcel of land, generallylocated at the Northeast corner of Holly Drive ad Riverside Drive, as more particularly described herein, to be referred to as the ‘Talm Beach Gardens Elementary School”; allowina the redevelopment of the existing elementary school; 132.2007 - Redevelopment of Allamanda Elementary School. A &lution of the Cm Council of the City of Palm Beach Gardens, Florida approving the site plan and a major conditional use fbr tfte 14.9-acre parcel of land, gmdllyfocated at the Southwest corner of Allamanda Lane and Nogal Circle, as more partiduly described herein, to be relimed to as the “Allamanda Elementary School”; allowing the redevelopment of the existing elementmy school; providing for conditions of approval; and providing an effective date. nmtortPlat. ~RCSORltlOlloftheCiy of Palm Beach Gardens, Florida approVing lat; and providing an effective date. (POC NO 2 i i 5 5-2 PALM BEACH GARDENS CODE (32) lb establish, impose and enforce water rates and rates and charges for gas, electricity and all other public utilities or other service, or conveniences, operated, rendered or mhed by the city, and to enact ordinances for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as common carriers in transporting persons and property or perbrming other services ofa public nature within the city, pmvided, no franchise term shall exceed thirty (30) years, and no regulatory power shall be exercised by the city with respect to any utility or service regulated by the Florida Public Utilities Commission or state regulatory agencies. Contracts, however, between the City of Palm Beach Gardens and public utilities companies fixing rates shall be legal and enforceable contra&. (33) 'Ib have the power of eminent domain, including but not limited to, the power to purchase, construct, own, maintain, operate, lease or acquire by eminent domain all local public utilities, including transportation facilities, public off-street vehicular parking lots and buildings, electric light works, water supply and distribution systems, and sanitary sewage collection and treatment systems, illuminating or fuel gas sales and distribution systems. (34) To declare that all temtory embraced within the corporate limits of said city shall be a bird sanctuary and to adopt all ordinances necessary to carry this power into effect. (35) The enumeration of particular powers in this Charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise hereof, said City of Palm Beach Gardens shall have and may exercise all other powers which are now, or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state, and all ofthe powers of said city, whether expressed or implied, shall be exercised and embraced in the manner prescribed in this Charter, or, when not 50 prescribed, then in such manner as may be prescribed by ordinance or resolution of the council. (Od. NO. 17,2004,s 5,6-3-04) ARTICLE VI: ADMINISTRATION AS COUNCIGMANAGER GOVERNMENT Section 8-1. City manager. (a) The city council, by a majority vote of its membership, shall appoint a city manager who shall serve at the pleasure ofthe city council. The city manager shall be appointed on the basis of executive and administrative qualifications as established by the council. The city manager need not be a resident af the ciQ at the time of appointment, however, must be a resident within one year following the appointment. The compensation and benefits of the city manager shall be as determined by the city council. The city council shall annually review the manager's performance. The city manager shall designate in writing, filed with the clerk, an individual who shall perform the duties of the city manager during Mer temporary absence. 8upp. No. 16 Cm26 CHARTER 3 6-1 (b) The city manager shall be the administrative head of the municipal government under the laws and Charter of the city responsible to the city council for the administration of all city affairs and employees placed in the manager's charge by or under this Charter or city ordinances. In the event of hidher absence or disability, the city manager may designate an employee or other charter officer as the acting city manager limited to the time of the manager's absence or disabilily. Supp. No. 16 Cm26.1 CHARTER 8 6-1 (c) The city manager shall be responsible to the city council for the proper administration of all affairs of the city coming under hidher jurisdiction, and to that end the city manager's powers and duties include: To see that the laws and ordinances are enforced. Prepare and submit an annual budget to the city council for its consideration. lb attend all meetinga of the city council with right to take part in the discussion but without having a vote. 'Ib recommend to the council for adoption such measures as hdshe may deem necessary or expedient in the interest of the city. It, keep the city council fully advised as to the hancial condition and needs of the city and to submit far its consideration an annual budget. lb appoint all department heads subject to cobation by the city coundl, to employ and remove all other employees of the city. Provided further, however, that the city attorney, city engineer and city auditor shall be appointed and removed in the sole discretion of the city council with such appointments and removals being based upon merit and fitness alone. To make such reports as the city council may requim concerning the operations of the city departments. To perform such other duties as may be specified in this charter, by law, or as the city council may prescribe. To retain such specialized professional senrices as may be necessary to effectively and efiiciently conduct the city'a aff'rs in accordance with state and local laws. No member of the city council shall dictate the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent himher from exercising Mer own judgement in the appointment of officers and employees in the administra tive service. The council and its members shall deal with city employees solely through the city manager. (e) The city council may suspend or remove the city manager by resolution approved by a majority of the total membership of the city council. The resolution shall set forth the reasons for suspension or removal. A copy of such resolution shall be served immediately upon the city manager. The city manger shall have ten calendar days in which to replay thereto in writing, and upon request, shall be aEorded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public hearing, if one was requested, the city council by a majority vote of its membership may adopt a 6nal resolution of removal. The city manager shall continue to receive full salary and benefits until the effective date of the resolution of removal. (f) By letter or memorandum fled with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's absence or disability. The city council may revoke such designation at any time and appoint an&= officer or employee of the city to serve until the city manager returns. (Ord. NO. 9, 1996, 9 3, 7-27-96] Supp. No. 2 CHT.27 Q 6-2 PALM BEACH GARDENS CODE Sec. 6-2. City attorney L (a) The city council, by a majority vote of its membership, shall appoint a city attorney. The compensation and benefits of the city attorney shall be aa determined by the city council. The city may appoint a ibm or an individual to serve as the city attorney. (b) The city attorney shall be the chief legal officer of the city responsible for all legal &aim ofthe city, and shall me as chieflegal advisor to the city council, the city manager, the citfs departments and such boards or committees as are placed in the city attorney's charge by the city council or the city manager. The city attorney's powers and duties shall include: (1) Preparing or reviewing ae to form and legal sufficiency all contracts, resolutions, ordinanceg or other documents of the city. (2) Appointbg such assidant city attorneys to perform the duties ofhie office ae may be approved by the city manager. (3) Pnwecuting and dehding all legal or adminbtrative law actions wherein the city is a party. (4) Performing such other legal services as may be requetated by the city council or the city m=w=- (5) Performing such other duties aa may be required by state law, this charter or Ordinance. (c) The dty council or the city manager may ale0 appoint one or more special cod to s& as legal adviaom to the city council, the city manager and city departments, officers and mcies with respect to specitic legal proceedings or matters to conduct ciQ afhirs in an eflicient mmmr in accordance with state law, thi8 charter or ordinance of the city. (Ord. NO. 9, 1996, 8 3, 7-27-96) Section 7-1. Merit principle. AU appointments and promotions of city officers and employees shall be made solely 011 the basis of merit and fitnese demonstrated by professional evaluation or other evidence of competence. (ord. NO. 9, 1996, 8 4, 7-27-96) Section 7-2. Perronnel eyetena. Consistent with all applicant federal and state laws, the city council ehall pmvide by ordinance fir the mation, regulation and maintenance of a personnel system with established procedures and policies including, but not limited to, nppointmenh, classification and pay Sum. No. 2 I- c CHARTER yj 9-1 plans, promotions, force reduction, removals, working conditions, grievances, relationships with employee organizations and other policies and procedures necessary to the administra- tion of the city personnel system. (Ord. NO. 9,1996,s 4,7-27-96) ARTICLE VIIk DEPARTMENT HEADS Section 8-1. Salary, duties, powers and complaint. The city manager shall establish such departments and appoint such department heads a8 are necessary to the efficient management of the city. The head of each department in the city government shall have governmental supervision of such department and shall see that the subordinate officers and employees in such department comply with and enforce all ordinances, laws and rules relating to the powers and duties of each department. All complaints to any department head concerning the failure of that department or any of its officers or employees to comply with or enforce any ordinance, law or rule of the city shall be in writing and signed by the complainant. It shall then be the duty of that department head to investigate the complaint and make a report of hidher findings and recommendations to the city manager within mn (15) days thereafter or within such longer period of time as the city manager may grant for good cawe shown. Any conflict of powers or duties between departments shall be resolved by the city manager. (Ord. NO. 9,1996, 5,7-27-96) Section 8-2. Compensation of mayor and council members. The salaries of the mayor and council members shall be fixed by ordinance, provided, however, that the council shall not raise the salaries of the city council or the mayor during any fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect. (Ord. No. 9, 1996, (5 5, 7-27-96) ARTICLE M: APPOINTMENT, POWERS AND DUTIES OF CITY OFFICERS Section 9-1. Powers and duties of the mayor. The mayor shall preside as chairman at meetings of the city council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official designated to represent the city in all other governmental meetings, but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor shall have a voice and vote in the proceedings of the city council. CHT:29 p 9-1 PALM BEACH GARDENS CODE The vice-mayor shall assume the duties of the mayor during the absence or disability of the In the absence or disability of both the mayor and vice-mayor, the city council may appoint mayor. a chairman pro tem to fuEU the duties and functions of said office. (Od. NO. 47, 2002, 9 2, 12-19-OW3-11-03) Section 9-2. Powem and dutiee of the city clerk. The city clerk shall be in charge of all general office administration involving the day-to-day business of the city and shall maintain all city records which the city manager may prescribe by administrative rules of procedure, attest all executory contracts made in behalf of the city as evidence of authorization of such contracts by the city council; and no executory contracts made in behalf of the city or to which the city is a party shall be valid unless attested by the city clerk. me city clerk shall] perform such other duties as the city council may prescribe by ordinance. Section 9.5. Powem and dutiee of the city treasurer. "he city treasurer shall receive, safely keep and disburse, under the direction of the council, all funds belonging to or under the control of the municipality; shall keep an accurate account of all receipts and disbursements in such manner as the city manager shall direct. The treasurer shall deposit funds ofthe city in such banks or trust companies as the city manager shall from time to time designate; and all checks drawn upon any depository of the city funds shall be signed by the treasurer unless otherwise provided by resolution of the council, and no money shall be paid except by check, unless express authority to do so has been ht given to the treasurer by the city manager. All checks drawn upon depository of city funds shall be countersigned by those persomi designated by resolution of the city council. ARTICLE E REMOVAL OF COUNCILMEN Section 10-1. Procedure. Any member of the city council of the said city may be removed from office and deprived of the right to serve as such &cial for misfeasance, nonfeasance, malfeasance or any conduct of an immoral or criminal nature committed while holding office; but, before any such official shall be removed and denied the right to perform his official duties, a written complaint shall be filed with and presented to the city council by some citizen or taxpayer of said city, setting forth in reasonable detail the offense of which the said official is charged. Such complaint shall be considered by the city council, and if such council shall determine that the offense charged is of such nature and gravity as to constitute a ground, or cause, for the removal of such official, CHT30 CHARTER 0 12-1 a the council shall thereupon set a date for the hearing of the said complaint and direct the chief of police, or some other officer of the city, to give the official so charged written notice of the date of trial and also deliver to him a copy of the complaint so filed. Upon the trial of such complaint, testimony ahall be heard by the council, both in support and in defense of the charges made, and both the complainant and defendant shall have the right to be represented by counsel; and, if a mqjority of the members ofthe council present at such hearing shall find and determine that such official is guilty of either or all of the offeaeerr as charged in the complaint, the council shall thereupon adopt a resolution removing such official and depriving him of the right to perform hie official dutiea and declaring his ace vacant; and the said official shall no longer have the privilege of perf" his oScial duties, hisofficeshallbevacatedandhissucceaeor shallthereafkbeselectedinthemannerprwided herein. Upon any trial under the provisions of this article, all witneaees shall give testimony under oath and any member of the council present at such hearing, or the mayor or the city clerk shall be authorized to administer oaths. Section 10-2. Incumbent officer to turn over recorda to auctmasor. It ahall be the duty of every officer of the city within ten (10) days after the expiration of his term of office or of his removal therefrom to deliver to hie successor in office, or to such person as the city council may designate, all books, records, papers, vouchem and property of every kind in his possession or control belonging to the municipality. ARTICLE M: RESERVED+ ARTICLE I(II: CREATION OF CITY OFFICES; BONDS OF CITY EMPLOYEES Section 12-1. Creation of ofticem. The city council shall have the power and is hereby authorized to create such offices as may, in its judgment, be necessary for proper operation of the city and may in its judgment abolish any office created. The city council shall have the power to prescribe the powers, duties and compensation of all officers and employees of the city except those prescribed by this Charter. +Editor's note-ord. No. 9-1996,s 10, adopted July 27,1996, repealed the provisions of former article XI, $8 11-1-11-3, which pertained to finance and taxation, as these provisions are either gwemed by statute or may be regulated by city ordinance. With respect to Section 3 of Article XI, the city council shall adopt an ordinance governing the procedures for budget transfers. The fiscal year of municipalities is governed by F.S., section 166.241. With respect to the city's annual budget, including the submission of a budget by the city manager and its adoption by ordinance and posting, is governed by ES., section 200.065. The provisiona of former 49 11-1-11-3 derived from Ord. No. 26, 1975, adopted January 29,1976. Sum. No. 2 CHF31 4 12-2 PALM BEACH GARDENS CODE Section 12-2. Bonds of employees. Any &cer or employee of the city may be required to give such bond as the council may premrii by resolution. Section 18-1. Repamtion and publieation. ' The city manager, at the end ofeachfbcalyear, ehall cause am and complete esamination and audit of all boake and accounte ofthe city to be made by a certified public accountant and shall publish the reeults of such examination and audit for information ofthe city council and the general puMic and in compliance with the general statutea of the State of Florida. The city council may require, during the fkal yetar, mch other financial reporta as it deems necemary. tSedon1 161. Mayor, any councilman or any elected official may be recalled. his or her respective office as provided under the general etatutea of Florida. The mayor, any councilman or any other elected official may be recalled and removed hm &don 16-1. Passage or repeal of ordinsmce; petition; procedure. procedures m provided by general law ofthe State of Florida. The qualified voters ofthe city &all have the power to institute initiative and referemdm &tion 17-1. Ragulation by ordinance. The city council shall, by ordinanq, provide for and regulate the registration of voters and the conduct of elections in accordance with the general law of Florida. *State law rsderenc6-Annual audit, F.S. 4 218.32. tEdhr'r nots-ord. No. 81996,O 7, adopted July 27,1996, repealed the proviaions of former article XIV, 40 141-169, which pertained to city court, as all municipal courb have been abolished pursuant to Article V, Section 20(dX4) of the Florida Constituticm. The provisions of former 44 14-1-14-9 derived from Ord. No. 26,1975, adopted January 29,1976. $Stab law mferena+Recall d municipal elected officials, ES. 9 100.361. **State law re&rence-F'lorida election code, F.S. chs. 97-106. Supp. No. 2 CIFp.32 Wnt this Dage I Close Window Florida Construction Lien Law Page 1 of 1 ' Florida Construction Lien Law Brochure (PDF) A homeowner can protect their investment According to Florida law, those who work on a property or provide materials, and are not paid-in- full, have a right to enforce their claim for payment against the property owner. This claim is known ps a construction lien. If a contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to the property owner for payment, even if they have paid the contractor in full. This means if a lien uld be sold against the will of the owner to pay for labor, h the contractor may have failed to pay. This page explains pertains to home construction and remodeling, and provides tips id construction liens on their property. Tips for homeowners When hiring a contractor and the improvements cost more than $2,500, a homeowner should know the following: The homeowner may be liable if they pay the contractor and he then fails to pay his suppliers or contractors. There is a way to protect homeowner: A Release of Lien is a written statement that removes the homeowner property from the threat of lien. Before making any payment, the homeowner should be sure to receive this waiver from suppliers and subcontractors covering the materials used and work performed. Request from the contractor, via certified or registered mail, a list of all subcontractors and suppliers who have a contract with the contractor to provide services or materials to the property. If the contract calls for partial payments before the work is completed, get a Partial Release of Lien covering all workers and materials used to that point. Before making the last payment to a contractor, obtain an affidavit that specifies all unpaid parties who performed labor, services or provided materials to the property. Make sure that the contractor obtains releases from these parties before making the final payment. remodeling project. The local authority that issues building permits is required to provide this form. The homeowner mustrecord the form with the Clerk of the Circuit Court in the county where the property being improved is located. Also, post a certified copy at the job site. (In lieu of a certified copy, the homeowner may post an affidavit stating that a Notice of Commencement has been recorded. Attach a copy of the Notice of Commencement to the affidavit.) In addition, the building department is prohibited from performing the first inspectkip if the Notice of Commencement is not also filed with the building department. A homeowner can also supply a notarized statement that the Notice has been filed, with a copy Always file a Notice of Commencement before beginning a home c@gstructi& or &$E : attached. *- * P- t CITY OF PALM BEACH GARDENS I0500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 I Suzanne Archer ' 3 187-D Gardens East Drive ,L- Palm Beach Gardens, FL 33410 Re: Public Records Request PRRQS -06-09-0014 1 8 Dear Ms. Archer: This letter is in response to your public records request for the following information: Inspection of Notice of Commencements, and date of 1st inspections in 2005 at Sandalwood for flat re-rliSd2005 at Sandalwood forkfarnard. / the t@Aha.t the permits for Sandalwood were issued, the State was working under the order fkom the Governor. As you are aware the City's Policies and Procedures were circumstances surrounding post-storm recover, a Notice o that time per this revised procedure and, to my knowledge, copies of all inspection reports for each roofing permit revised per that executive order in an effort to secure any and all damaged dwellings as quick1 Commencement one was not pulled by Murton Roofing in Sandalwood and all inspection reports for each mansard permit pulled by Kim Merrill Novak. Each permit's inspection history is detailed on thisreport. Should you need any fiuther information, please feel free to contact me at 804.7012. as possible. Due /' attachments cc: Patty Snider, City Clerk File CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: September 14,2004 FROM: Todd Engle, Construction Services Director SUBJECT: Hurricane Frances Temporary Construction Permit Procedures In accordance with the City of Palm Beach Gardens Executive Order No. 03-2004 the following construction permitting procedures are effective immediately to ensure the timely reconstruction and repair of structure damage by Hui-ricane Frances. 1. 2. 3. 4. 5. 6. These Citizens are advised to only use licensed contractors for repairs. Palm Beach Gardens Licenses are required for all contractors. Emergency temporary repairs to mitigate potential losses for buildings or structures can be carried out immediately without the need for permits. Final inspections will be required. Building permits related to hurricane damaged buildings or structures will be issued as soon as possible and will require basic information associated with the repairs. No permit fees will be associated with emergency or hurricane repairs. Building inspections related to hurricane damage are required and will be carried out as soon as possible. There will be no fee associated with these inspections. Building inspectors will conduct damage assessments of buildings and structures and declaring them safe or unsafe. Placards notices will be posted to all unsafe buildings or structures. All new construction permits are on hold until further notice. There will be limited permitting and inspections available for new construction but building permits and inspections associated with hurricane damage will have priority. Contractors can apply for permits and schedule inspections through our standard procedures which will be conducted as staff becomes available. Hardship cases will be reviewed and prioritized as necessary. policies will remain in place until October 9, 2004 at which time it will be evaluated and updated as necessary. Please direct all questions or concerns to my attention at extension 4276. I I CITY OF PALM BEACH GARDENS MEMORANDUM DATE January 25,2005 TO FROM cc Ron Ferris, City Manager Todd Engle, Construction Services Dir& Jack Doughney, Community Services Administrator Bud Brown, Building Official SUBJECT Hurricane Frances and Jeanne Construction Permit Procedures In accordance with the City of Palm Beach Gardens Executive Order No. 03-2004, Ordinances 40 and 41, 2004, the following construction permit procedures wili be effective 8s of January 25, 2005, to ensure the reconstruction and repair of structures damaged by Hurricanes Frances and Jeanne. 1. Citizens are advised to only use licensed contractors for repairs. AI1 contractors are required to obtain a Palm Beach Gardens occupational license. 2. All building permits submitted as of this date, including hurricane damaged buildings or structures, will be issued using the standard Building Division permit procedures. 3. Permit fees will not be assessed for repair of hurricane damage related to residential dwellings only. Proof of hurricane damage will be required at the time of permit submittal and is subject to review and approval by the Building Official. All other permits including commercial, new construction, modifications, upgrades and additions will be assessed the standard building pennit fees. 4. Building inspections related to hurricane damage are required and will be carried out using the standard Building Division inspection procedures. 5. Roofing contractors that are licensed in other states will be allowed to obtain a roof repair or re-roof permit only and are required to obtain a PaIm Beach Gardens occupational license. These policies will remain in place until further notice. Please direct any questions or concerns to my attention st extension 4276. 1 .& k CITY OF PALM BEACH GARDENS MEMORANDUM I January 25,2005 I DATE I To 1 FROM Ron Fenis, City Manager Todd Engle, Construction Services Dir& cc Jack Doughney, Community Services Administrator Bud Brown, Building Official SUBJECT Hurricane Frances and Jeanne Construction Permit Procedures In accordance with the City of Palm Beach Gardens Executive Order No. 03-2004, Ordinances 40 and 41, 2004, the following construction permit procedures wiil be effective as of January 25, 2005, to ensure the reconstruction and repair of structures damaged by Hurricanes Frances and Jeanne. 1. Citizens are advised to only use licensed contractors for repairs. All contractors are required to obtain a Palm Beach Gardens occupational license. 2. All building pennits submitted as of this date, including hurricane damaged buildings or structures, will be issued using the standard Building Division permit procedures. 3. Permit fees will not be assessed for repair of hurricane damage related to residential dwellings only. Proof of hurricane damage will be required at the time of permit submittal and is subject to review and approval by the Building Official. All other permits including commercial, new construction, modifications, upgrades and additions will be assessed the standard building permit fees. 4. Building inspections related to hurricane damage are required and will be carried out using the standard Building Division inspection procedures. 5. Roofing contractors that are licensed in other states will be allowed to obtain a roof repair or re-roof permit only and are required to obtain a Palm Beach Gardens occupational license. These policies will remain in place until further notice. Please direct any questions or concerns to my attention at extension 4276. I f . - .............. ...... ................ -. CITY OF PALM BEACH GARDENS MEMORANDUM DATE June 27,2005 TO Ron Ferris, City Manager FROM cc Todd Engle, Construction Services Di / ctfr Jack Doughney, Community Services Administrator Bud Brown, Building Official Hurricanes Frances and Jeanne Construction Permit Procedures SUBJECT In accordmH:D City of Palm Beach Gardens Executive Order No. 03-2004, Ordinances 41, 2004, the following construction permit procedures will be effective a 2005, to ensure the reconstruction and repair of structures damaged by Humcanes Frances and Jeanne. an 1. Citizens are advised to only use licensed contractors for repairs. All contractors are required to obtain a City of Palm Beach Gardens occupational license and be licensed by the State of Florida or Palm Beach County, if applicable. 2. All building permits submitted as of this date, including hurricane damaged buildings or structures, will be issued using thc standard Building Division permit procedures and fees. 3. For permits applied for on or after April 1, 2005, the property owner may be entitled to a refund of permit fees if the permit was issued for repair of hurricane damage on residential dwellings only. After a final inspection is completed and approved, the owner may apply for the rehnd in person at the Building Division and provido proof of liunicane damage which is subject to review and approval by the Building Official. All other pennits fees including commercial, new construction, modifications, upgrades and additions will be assessed the standard building permit fees, and are not eligible for a refund. These policies will remain in place until hrther notice. Please direct any questions or concerns to niy attention at extension 7012. CITY OF PALM BEACH GARDENS MEMORANDUM DATE June 27,2005 TO Ron Ferris, City Manager FROM Todd EngIe, Construction Services Di / ctQr cc Jack Doughney, Community Services Administrator Bud Brown, Building Official I SUBJECT Humcanes Frances and Jeanne Construction Permit Procedures In accordance with the City of Palm Beach Gardens Executive Order No. 03-2004, Ordinances 40 and 41, 2004, the following construction permit procedures will be effective as of April 1, 2005, to ensure the reconstruction and repair of structures damaged by Hurricanes Frances and Jeanne. I. Citizens are advised to only use licensed contractors for repairs. All contractors are required to obtain a City of Palm Beach Gardens occupational license and be licensed by the State of Florida or Palm Beach County, if applicable. 2. All building permits submitted as of this date, including humcane damaged buildings or structures, will be issued using the standard Building Division permit procedures and fees. 3. For permits applied for on or after April 1, 2005, the property owner may be entitled to a refund of permit fees if the permit was issued €or repair of hurricane damage on residential dwellings only. After a final inspection is completed and approved, the owner may apply for the refbnd in person at the Building Division and provide proof of humcane damage which is subject to review and approval by the Building Official. All other permits fees including commercial, new construction, modifications, upgrades and additions will be assessed the standard building permit fees, and are not eligible for a refilnd. These policies will remain in place until further notice. Please direct any questions or concerns to my attention at extension 7012. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1G 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: September 8,2004 EMERGENCY ORDINAN 40, 004 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR WORK ON STRUCTURES DAMAGED BY HURRICANE FRANCES; AUTHORIZING THE CITY MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO THE DEVELOPMENT REVIEW AND BUILDING PERMIT PROCESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has been hit by a category 2 hurricane, resulting in a vast destruction or damaging of buildings, both residential and commercial; and, WHEREAS, services to the City residents, utility and othewise, have been disrupted; and, WHEREAS, it is in the public interest and for the safety of the community, that reasonable accommodations be made to the development review and building permitting process to assure that construction, reconstruction and repairs will be conducted and completed in a timely and safe manner; and WHEREAS, Palm Beach County has been declared a disaster area by the Governor of the State of Florida, and a State of Emergency exists in the City; 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 D BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The City Manager is empowered to implement such modifications as he may deem necessary to the development review and building permitting process to accommodate the safe and efficient repair and reconstruction of structures damaged by Hurricane Frances. SECTION 2. This Ordinance shall become effective immediately upon adoption, --.--...-l...l - __ Date Prepared September 8,2004 Emergency Ordinance 40,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 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 gpk day of JT*@ , 2004, upon first reading as an emergency ordinance. INS // N FOR J p Annie Marie Delgado, Cmncilrnember @+fly/. David Levy, Councilmem'6er ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY n, City Attorney AGAINST NEZM \\Pbgs~~el411orney\attomey_share\ORDINANCES\fmergency Construction Ordinance light finaLdoc 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 30, 2004 Emergency Ordinance 41,2004 EMERGENCY ORDINA d? E 41, 004 U AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR WORK ON STRUCTURES DAMAGED BY HURRfCANE FRANCES AND HURRICANE JEANNE; AUTHORIZING THE CITY MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO THE DEVELOPMENT REVIEW AND BUILDING PERMIT PROCESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 4,2004, the City of Palm Beach Gardens was hit by a category 2 Hurricane Frances, resulting in a vast destruction or damaging of buildings, both residential and commercial; and, WHEREAS, on September 8,2004, the City Council adopted Emergency Ordinance 40,2004 relating to construction, reconstntction, and repair work on structures damaged by Hurricane Frances; and WHEREAS, on September 25,2004, the City of Palm Beach Gardens was hit by a second storm. Hurricane Jeanne, resulting in additional destruction or damaging of buildings, both residential and commercial; and, WHEREAS, it is in the public interest and for the safety of the community that reasonable accommodations be made to the development review and building permitting process to assure that construction, reconstruction, and repairs will be conducted and completed in a timely and safe manner: and WHEREAS, Palm Beach County has been declared a disaster area by the Governor of the State of Florida, and a State of Emergency has been declared in the City: 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 City Manager is empowered to implement such modifications as he may deem necessary to the development review and building permitting process to accommodate the safe and efficient repair and reconstruction of structures damaged by Hurricane Frances and Hurricane Jeanne. 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: September 30,2004 Emergency Ordinance 41,2004 SECTION 2. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED this 7p day of reading as an emergency ordinance. /- David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR 6woB-GC , 2004, upon first AGAINST ABSENT , ML Christine P. Tatum, City Attorney \\pbgsfile\Attomeybttomey,share\ORDrNANCES~mergency Construction Ordinance adding Jeanne.doc 2 CITY OF PALM BEACH GARDENS, FLORIDA EXECUTIVE ORDER NO. 08-2004 WHEREAS, the City of Palm Beach Gardens has been affected by Hurricane Frances and Hurricane Jeanne, resulting in a destruction or damaging of buildings, both residential and commercial; and WHEREAS, Palm Beach County has been declared a disaster area by the Governor of the State of Ftorida, and a State of Emergency exists in the City: and WHEREAS, special operational needs have been created due to the emergency situation of the past two hurricanes; and WHEREAS, in order to protect, preserve, and promote the general health, welfare, and safety of the Community, and property in the community, it is necessary that the operations of the Code Enforcement Division be transferred to the Community Services Department. NOW, THEREFORE, I Ronald M. Ferris, City Manager of the City of Palm Beach Gardens, Florida, in furtherance of the public health, safety and welfare, and in accordance with Resolution 202, 2004 do hereby transfer the operations of the Code Enforcement Division to the Community Services Department, reporting directly to Jack Dougftney, Community Services Administrator. This Order is hereby declared effective immediately and shall remain in futl force and effect until rescinded by the City Manager of the City of Palm Beach Gardens, Florida. 1 Ronald b. Ferris City Mahager / Palm Beach Gardens, Florida Dated: September a, 2004 CiTY OF PALM BEACH GARDENS, FLORIDA EXECUTIVE ORDER NO. 09-2004 WHEREAS, the City of Palm Beach Gardens has been affected by Hurricane Frances and Hurricane Jeanne, resulting in a destruction or damaging of buildings, both residential and commercial; and WHEREAS, Palm Beach County has been declared a disaster area by the Governor of the State of Florida, and a State of Emergency exists in the City; and WHEREAS, the impacts of the damage inflicted by these two hurricanes have rendered it difficult for businesses within the City to comply with the provisions of Chapter 66, Code of Ordinances which requires payment of occupational license fees no later than October 1"; and WHEREAS, in order to protect, preserve, and promote the general health, welfare, and safety of the community, and to assist local businesses in the recovery process, it is necessary to extend the deadline for payment of occupational license fees. NOW, THEREFORE, I Ronald M. Ferris, City Manager of the City of Palm Beach Gardens, Florida, in furtherance of the public health, safety and welfare, and in accordance with Resolution 202, 2004 do hereby extend the deadline for payment of occupational license fees from October 1, 2004 to November 1, 2004. This Order is hereby declared effective immediately. RonaldlM. Ferris City Manager / Palm Beach Gardens, Florida Dated: September a, 2004 'rint this paE I Close Window Florida Construction Lien Law ----______ Florida Construction Lien Law Brochure (PDF) A homeowner can protect their investment According to Florida law, those who work on a property or provide materials, and are not paid-in- full, have a right to enforce their claim for payment against the property owner. This claim is known as a construction lien. If a contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to the property owner for payment, even if they have paid the contractor in full. This means if a lien is filed against the property, it could be sold against the will of the owner to pay for labor, materials or other services, which the contractor may have failed to pay. This page explains Florida Statute 71 3, Part 1, as it pertains to home construction and remodeling, and provides tips on how a property owner can avoid construction liens on their property. Tips for homeowners When hiring a contractor and the improvements cost more than $2,500, a homeowner should know the following: The homeowner may be liable if they pay the contractor and he then fails to pay his suppliers or contractors. There is a way to protect homeowner: A Release of Lien is a written statement that removes the homeowner property from the threat of lien. Before making any payment, the homeowner should be sure to receive this waiver from suppliers and subcontractors covering the materials used and work performed. Request from the contractor, via certified or registered mail, a list of all subcontractors and suppliers who have a contract with the contractor to provide services or materials to the property. If the contract calk for partial payments before the work is completed, get a Partial Release of Lien covering all workers and materials used to that point. 0 Before making the last payment to a contractor, obtain an affidavit that specifies all unpaid parties who performed labor, services or provided materials to the property. Make sure that the contractor obtains releases from these parties before making the final payment. Always file a Notice of Commencement before beginning a home construction ora remodeling prqect. The local authority that issues building permits is required to proviq this form. The hweowner mustrecord the form with the Clerk of the Circuit Court in th6 county where the property being improved is located. Also, post a certified copy at the job site. (In lieu of a certified copy, the homeowner may post an affidavit stating that a Notice of Commencement has been recorded. Attach a copy of the Notice of Commencement to the affidavit.) 0 In addition, the building department is prohibited from performing the first inspection if the Na(i of Commencement is not also filed with the building department. A homeowner can also supply a notarized statement that the Notice has been filed, with a copy attached. d Page 1 of1 ' control Number: Application Date: Permit Number: @\lG Appllcation for Buildlng Permlt and Certificate of Occupancy Anypamtt issued hevgwrrkr sbdl became mr/l md &d UJCSS tvnsbvcbon har ccmnamd M&h si.. (6) mmhs of he dsta of llarmmr. Pmperty Conb.01 Number: 52-43-42-07-02-1 07-0071,0072,0073,0074 Base flood Elevation: FTd zone: 3239 Gardens East Drive, Units A, B, C & D Slte Address: SubdMsion: Meridian Park Construction Type: Hurricane Repairs Occupancy Type: Residential Square Footage: 2800 Improvement Cost. $2,500 %tdalwood Association phone: (561) 236-9598 W’ Owner Add&: C/O Jupiter Management, 1340 U.S. #l, StFmm Phone: (561)262-0619 Contiactor Address: B.0, Box 426 Jqpiter. FL 33 468 Ctty oa: Description of Work To Be Performed: Remme & Repair hrhne damacre c , hereby certify that the above Information Is true and correct. @Yu?L*L7 rent sianatutd bate Phone cw Fee$: Pehnlt: Rddah: Hte InSpdxtEon! flre Impact: Police Impad: Recreation mpact: Art In PuMk Phces: Road Impact: Tralning Surcharge: - Not ww ThikLlan County Fees: Road Impact: Public Building! Parks hpad: Library Impact: Schools Impad. County Total: *Total: Revhd by b Date: /- 2- @ 5- Total Permit Fee: N/c ”- , , <. .. -4 r e. ;' .. .. , ;A HURRICANE JEANE AND FRANCIS DAMAGE REPAIR CONTRACTOR LISTTNG SANDALWOOD AT MERIDIAN PARK ELECTRICAL COUNTY: 2004 - 08253 PALM BEACH GARDENS, FL 33420 COUNTY: 1990 - 13584 15758 95TH AVE. NORTH JUPITER, FL 33458 COUNTY: 2003 - 12955 ... , 1 'I m City of Palm Beach Gardens GROWTH MANAGEMENTlBUlLDiNG DlVSlON 10500 N, MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 BUILDING PERMIT r 62175 Palm Beach Gardens, F Block: 107 Section: 2 2,500.00 Total Fees: Amount Paid: Date Paid: Name; John G wan Garpentry, inc 1: Before any building is occupied, it will be necessary to secure a certificate of occupancy. Before building construction is started, approved sanitary facilities for workmen shall be provided. Permits shall become null and void if authorized work is not started within six months of issue date. Irl coneideration of tha granting of this permit, the ower and builder agree to construct this building in kll mmplianw with the Building and Zoning codes , of ths City of Palm Beach Gardens and further agree that if any question may arise to the meaning of said codes, thet they ydll accept the offidale Interpretation of said codes and all other codes and be governed accordingly. MANDATORY: Post permit and drawings on site For Fire Inspections, please call 799-4306 24 Hour notice for inspections. Call (561) 799-4283 .Call between 7:OO & 7:45 on the morning of the inspection for a time CONSTRUCTION INDUSTRY LICENSING BOARD OF PALM BEACH COUNTY TH JOG ROAD - ROOM 2W-61 LM BEACH, FL 3341 1-2741 COMPANY NAME: Tart’s Artistic Concrete Resurfacing ADDRESS: 1407 S.W. 7th Avenue, Okeechobee, FL 34972 LOCATION: m-i mT 07133fl1 - 0 Numerous Units, Sandlexood Community CASE# 61 0 m YOU ARE HEREBY NOTIFIED THAT AN INVESTIGATION REVEALSTHATYOU ARE IN VIOLATION OF CHAPTER 67-1876 (SPECIAL ACT) LAWS Of FLORIDA AS AMENDED: -5 SECTION 1qA) Engaging in the business or acting in the capacity of a- contractor without having met the provisions of the Special Act. I: SECTION lO(BH1) Advertising to the public by means of a that said person/firm is a Contractor, or is qualified to engage in the business as a Contractor without having met the provisions of the Special Act. A COPY OF THE SPECIAL ACT IS AVAILABLE UPON REQUEST OR CAN 8E OBTAINED BY VISITING: www.pbcgov.com/prWont ractorr: REQUIREMENTS FOR CORRECTION CEASE engaging in the business of acting in the capacity of a_concrp+ CEASE advertising to the public as a vnrminn K PI - ,-- Contractor Contractor until propzrly certified until properly certified in Palm Beach County. in Palm Beach County. NOTICE: Unless you am a Certifiecf Contractor, you may only work in the above trade as an “employee” wherein you receive compensation from and are under the supervision and control of an employer who deducts your F.I.C.A., withholding tax, and provides Workers Compensation, all as prescribed by law. - corm and pour Airconditioner Pads, Said invoice billing 5 vork can only be contracted for and ~edforrned bv a PertlPied Concrete Fornina & P-ncr Clonmrtor. A Seuch QFh,e record.; showc; vnu do DOSS~SJ a,nY such c ertification. Th erefore. YOU FO mm itted the crime of contractina without certification. - Upon request, the information contained in this notice can be made available in an alternative format, RGV. 06/07 Dtstributlon: Wte-Respondent YCUOW -Office Plnk-Investigator CONSTRUCTION INDUSTRY LlCENSiNG BOARD QF PALM BEACH COUNTY 2300 NORTH JOG ROAD - ROOM 2W-61 WEST PALM BEACH, FL 3341 1-2741 TO: DATE: December 17, 2007 Mr. Craig P. Tart COMPANYNAME: Tart’s Artistic Concrete Resurfacinq ADDRESS: 1407 S.W. 7th Avenue, Okeechobee. FL 34972 Numerous Units, Sandlewood Community LWATION:p # *I rtd 1 rb a 0 YOU ARE HEREBY NOTIREDTHAT AN INVESTlGATIUN REVEALS TMATYOtl ARE fff WOLATION OF CHAPTER 67-1876 (SPECIAL ACT) LAWS OF FLORIDA AS AMENDED: SECTION lO(A) SECTION 1 O(B)(l) Engaging in the business or acting in the capacity of a contractor without having met ttre provisions of the S Advertising to the publlc by mans of a &at said person/fm is a, Contractor, or is quaiified to engage in the business as 8 Contmotor without having met the provisions of the Special Act. A COPY OFTHE SPECSAL ACT IS AVAflABLE UPON REQUEST’ OR CAN BE OBTAINED 8Y VISITING: wuvw.pw*~~w~~ REQ UIREMEWS FOR CO RRECT1ON % CEASE engaging in the business or acting in the capacity of a- 1 t CEASE advertising to the publk as a 0 Gontmctor until properly certified in Palm Bsach County. In Palm 8each County. NOTEE: Unless you are a Certified Contractor, you may only work in the abwe trade as an ‘employee” wheretn you receive compensation from and are under the supervision and control of an employer who dducts your F.I.C.A., withholding tax, and provides Workers Compensation. all as prescribed by law. Contractor until property certified WCkYhis office is in posse-sin- a cn~y of vpur Mar& 8. 71304 invoice for the remoyal of drywall. in various units throughout the Sandlewood Community. Said wcxk can onLy be contracted for and performec XP VOI~ coet.w3 rrime nf contractina without; certification. Upon request, the information contained in this notice can be made available in an alternative format. REV. 06/07 Disbibutton: White-Respondent Yellow-Office Fink-InvesUgator The 2007 Florida Statutes u_tLe !&ed%&kE XULI DER NITIONS; GENERAL PENALTIES; REGISTRATION OF Wket CRIMINALS CIUMES 775, i 5 Time lirnttations; $enera1 time timitations; exceptions.-- (1) A prosecution for a capital fekm,a life felony, or a felony that resulted in a death may be. commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shatl be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any ttme. (2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation: (a) A prosecution for a felony of the first degree must be commenced within 4 yean after it is committed. (b) A prosecution for any other felony must be commenced wkhin 3 years after it is committed. (cl A committed. (p). A prosecution for a misdemeanor of the second degree or a noncriminal violation must hrr commenced within 1 year after it is committed. (3) An offense is committed either hen every element has occurred or, if a tegisbtive purpose to prohibit a continuing course of conduct plainfy appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to rtrn on the day after the offense is committed. (4)(a) Prosecution on a charge on which the defendant has previously bm arrested or served with a summons is commenced by the fiiing of an indictment, information, or other charging document. (b) A prosecution on a charge on whfch the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the caplas, summons, or other process issued on such indictment or information is executed without unreasonabie delay, In determining what is reasonable, inabitity to locate the defendant after diligent search or the w- 4 "E;$" i . ://~.leg.siate.fl.uslS~~ulw'index.cfm?App_mode=r>isplay_Statut~Search_Strin.. . 12/171'2007 zolkhg a Bailding 2300 North Jog Road Wax Palm Beach, FL334ll-2741 (561) 237-5000 planrung Division 233-5300 zoning Division 233-5200 Building Dhwion 233-5100 code Enfoxcement 235-5500 ConuacrOr Certification 233-5525 Mminisvrrion OfpIce 2335005 Executiw OfFtce 233-5228 www.pbcifov..mmlprb Burt Aaronson Jess R Santamatia December 1 81h, 2007 Suzanne E. Archer 3187 Gardens East Drive Palm Beach Gardens, FL 33410 Re: Tart's Artistic Concrete Resurfacing Dear Ms. Arzhsr: Thank you, for bringing the twu invoices to my attention. Your suspicions were correct, Tart's Artistic Concrete Resurfacing, in fact, did not possess the required certifications to submit the invoices you copied me with. Mr. Tart met with me, today, at my office. He understands his vioiation and is now lawfully certified. He did state that work was stopped by the HOA and the amounts shown on the contracts were not paid in full. Contracting withuut required certification is a misdemeanor of the first degree. However, his violations of law are well past the statute of lim'@tions to commence any prosecution (Piease see attached F.S. 775.15). tn Ibu of that fact, Mr. Tart was issued Notices of Violation for his two contracts, There is no further action this office can take against Mr. Tart. If I can be of further assistance, in this matter, please don't hesitate to contact me. Sincerely, R" RONAtm'S. LEWIS Senior Field Investigator Phone## 561 233.5537 FAX 561.233.5554 f -% lo 04: os o8:53a CRAIG TRRT 1407 S.W. 7TH AVENUE OKEECHOBEE, FLORIDA 34974 Phone 561-662-4507 Office 863-763-3694 February 4,2005 INVOICE Submit to: Attention: Stephen Skakandy Phone number: 561 -743-4607 Fax number: 561 -743-4625 JOB DESCRIPTION: Air Conditioner pads. SCOPE OF WORK: 1. Form and Pour Air Conditioner Pads 43” x 30”. TOTAT, AMQIJNT OW; -1 'D 04 05 08:53a CRAIG TRRT pi 2 1407 S.W. 7TH AVENUE OKEECHOBEE, FLORIDA 34974 Phone 561-662-4507 Office 863-763-3694 February 4,2005 INVOICE Submit to: Attention: Stephen Skakandy Phone number 561 -7434607 Fax number: 561 -743-4625 JOB DESCRIPTION: Air Conditioner pads. SCOPE OF WORK: 1. Form and Pour Air Conditioner Pads 43" X 30". CMG P. i TART I 863-763-3694 P-2 1407 S.W. 7TH~~~~~~ OKEECHOSEE, FLORJDA 34972 Phone 561-662-4507 OZce 863-763-3654 Jupiter h.1 anagement Attention: Stephen Skakarldy 1340 U.S. Hwy 1. Suite. 102 Jupiter, F1 Phone number: 931-743-4607 Fax number: 561-743-4625 JOB LOCATION: SANDLEWOOD P&M BEACH GARDENS, FL Description of Contract signed at beginning of project. This includes amount due that w'as not paid at beginning of projec\ that is now required. See figures below. The removal of a11 drywall and construction .<> 3.) 4.1 5 -1 Haul away all materials that are removed. Remove a/c vents and replace when drywall is replaced. Clean units before drywall crews enter units. Note: Cost for above job description per unit. Cost if original kitchen cabinets have to be removed per unit. TOTAL AMOUNT DUE FOR 248 UNITS: DEPOSIT REQUIRED PWOR TO BEGhWING PROJECT: DEPOSIT RECENe PRIOR TO BEGINMNG PROJECT: REMAINDER REQtTiRED NOW Draws invoiced after 'completion of each unit s 1,300.00 $ 1,600.00 V advertisement r). PalmEeachPc Home News Sports Business Opinion Accent Entertainment Your Town Archives Site N do it Youmtf ____ Shopping & Coupons Click for 23,548 Local Products & Services Click here to see our v advertirtmant v ACCESSORIZE ACCORDINGLY 561-805-6150 Laura Munder View Entire Ad ESTATE JEWELRY Off Worth 561-835-0383 View Entire Ad DRAGONFLY DJ MQlNl Matiko View Entire Ad 561-655-5770 MERRY SPECKMASl Patti Esbia 561 -833-9448 vjew Entire Ad Northern Palm Beach County Back to Topic List hurricane victims from PBG By DebbieC I read Mr. Sedore's article regarding Sandalwood Estates and the dt sustained from the hurricanes. This e-mail could not be sent to him hoping you could pass it on. I live right around the corner from Sandalwood Estates, in another E Devosta building, the first phase which is Sandalwood, off Gardens Drive. The same as Sandalwood Estates, we at Sandalwood also got slarr the hurricanes with our insurance being over the $12,000,000.00 in and continues climbing every day. We received the same type of da Sandalwood Estates. The term "Build Solid" is far from the truth. Thl put drywall on the exterior walls that were hidden by the mansord ro lost any shingles at all, the driving rains would hit the dry wall causir crumble and then flood your home. The association at Sandalwood is in the repair stage and trying to IY forward but the City of Palm Beach Gardens is insisting on redoiwi IectricShd driving the cost of repairs out of range of the insurance f! itizens. They are insisting on us bringing all units up to cclalc. lmag are trying to get these homes repaired for the homeowners to get b; "normal" life but the city is wanting us to do approximately 10-15,001 electric work in order to get this show on the road. The types of rep; our development has to do is" reroof all 62 buildings and repair the mansord roofs on all 248 units. the a/c units On all 248 Units as the majority (1 in every building shifl causing to damage the roof and leave the hole in the roof where the in the home) of the a/C units were twisted and on several buidling sc actually was blown from the roof. We have to "gut" several units whi rem^? all wall in every room due to mold caused from water in1 Due to the location Of the a/c units, 95% of all units have damage to bathrooms as well as the circuit breaker box located under the stair! structure insurance covers the unrlnisnea arywaii ai IU ut lyll~u~ u-- - tile work. The majority of the homes will have to have the tiles on tht the shower and tub area replaced as well as a new ciruit breaker ba development has passed an amendment to relocate the alc to the g that next time we will not have this type of distruction. We also have to have our mansords replaced with different material to protect US f driving rain. These storms have caused our subdvision to crumble - the city to help us in this time of need. I myself have lived here sincc and noone has told me that my electric was not up to code. why arc using this time to force this on us. These people need to come homl want to repair, not rebuild. Our insurance company Will not Pay for tl need to replace hurricane damage - not get UP to code at this time. passed the inspections years ago - it is not our fault. Debbie Chase, President of the Homeowners Association 1 Y I A -9- ALL EWS, LETTERS, FAXES, MEMOS, DOCUMENTED CONVERSATIONS Relating to SANDALWOOD /MERIDJAN PARK / Any and all related to it : BETWEEN: CITY OF PALM BEACH GARDENS BLDG DEPT. (Bud Brown, Todd Engle, Doug Wise, & any other city official, Etc.) CITY OF PALM BEACH GARDENS 1 I & E€ILLEY & WYANT-CORTEZ, PA (THEIR OFFICES/OR ANY & ALL OF . THE ATTORNEYS, LEGAL ASSISTANT ETC.) .. BETWEEN THE DATES: SeDtember 15,2004 THRU November 25,2007 -- - .- - 2. There is a charge of $1 per certified c~py of a pnbk retard ADDrnSL 3187 -- 'GARDENS E DRZVE, PALM BEACH Inspection of records for permits for : ELECTRICAL WORK on any and all townhomes properties. Any and all : SANDAL WOOD/ MERIDIAN PARK Applications (Gardens E & Meridian Way N.S. etc) Between the Dates: Sept 2004 thru November 26,2007 NUTICE: 1, - Single-sided c0pi.s shall be furnished upon payment of 15 cents per page, 20 cents for doubIe-sided copies- ... 2. There is a charge of $1 per certified copy of a pubtie record. 3. Records requested to be inspected, examined or copied pursmirt to Elorida Statute 119.07f11 requiring extensive use of inhrmation technology I-~SQIU-EES or extensive cieritaf or super/isory assistance by City persono& will be charged, in addition to the actual cost of dupficatim, the actual. lahar cost a€ the personnel proy-iding the seTyic~, Comcist Webmail - Email Message From: Jennifer Mikulski <jmikulski@pbgfl.comr To: "'searcher@adeIphia.net"' <searcher@adeIphia.net> CC: "'Propertee@comcast.net'" <Propertee@comcast.net> Subject: Public Records Requested information Date: Thursday, December 06, 2007 11 :19:49 AM Page 1 of 1 Suzanne, Good morning. Attached is a response letter to one of the records requests submitted last week. The other two items attached are listings of permits that may have required some sort of electrical work for both Sandalwood or Meridian Park during the timeframe requested, as outlined in your second public records request. We can provide more detail to the items listed on those two listings, upon your request. As you know, if we need to make copies of any information, they will be subject to the City's standard copy fees. Please let me know if you would like us to pull more detail on any of the information contained in the listings. Thank you. Jennifer Mikulski Resource Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 www.pbgfl.com 56 1.804.701 1 561.799.4211 (fax) r CITY OF PALM BEACH GARDENS E-MAIL DISCLAIMER PLEASE NOTE Florida has a very broad public records law Most written communications to or from local officials regarding city business .%e public records available to the public and media upon request Your e-mail communications may therefore be subject to public disclosure (Attachments successfully scanned for viruses.) Attachment 1 : (applicationlpdf) Attachment 2: (applicationlpdf) Attachment 3: (applicationlpdf) http://mailcenter3 .comcast.net/wmc/v/wm/475 847BA000 15EE400005C5E22 1 55786740AOA9B9DOA9F.. . 1 2/6/2 007 , 10500 N. MILJTARY TRAIL PALM BEACH GARDENS, FLORIDA 334103698 F December 3,2007 Suzanne Archer 3 187-D Gardens East Drive Palm Beach Gardens, FL 33410 Re: Public Records Request .Dear Ms. Archer: This letter is in response to your public records request for the following information: ALL EMAILS, LETTERS, FmS, MEMOS, DOCUMENTED CONVERSATIONS relating to SANDAL WOOD/MERIDIAN PARK: any and all related to it between the City of Palm Beach Gardens and Hilley h Wyant-Cortet, PA between the dates of September Is, 2004 and November 25,2007. The City of Palm Beach Gardens responded to three previous requests for the same information as follows: PRRQ-06-05-000853 (May 2006); PRRQ-06-06-00 10 17 (June 2006); and PRRQ-06- 08-001285 (August 2006). Your acknowledgement of receiving this information was made by receipt of payment for the information provided. Since this time, there has been no additional correspondence, etc., with this party. Should you need any further information, please feel free to contact me at 804.70 12. U Todd Engle, P.E. Construction Services Director cc: File .......... . .1 . .. ... .. .. ..... ... ~ . ..... " .............. i' " ' ""' *: ............... > ; ! ; i 4 I D > L- L 1 3 : 3 ...... 1 ! ...... I I L L I I j ! L i ~ , 1 i I I ! ! I - , b I L ......................... >w ;8 .......................... 0 22 V* inS 14p 'ZI !IWZ 0 (ai5 io, %& ! i ...... I , , , L ^I \ ! L