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HomeMy WebLinkAboutAgenda Council Agenda 041802REVISED April 16, 2002 City of Palm Beach Gardens Council Agenda ADril 18, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado II. III. IV. VII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 18, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: ao TriRail Presentation by Michael Williams TriRail Transportation Planning Manager. Proclamation - Recognizing the month of May as "Civility Month". Engraved Paver-Brick Recognizing the Women’s Club. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: a.Audit Report. b. Status Report Regarding Budget Proposal Fiscal Year 2002/2003. c. America’s &lost Wanted Gypsy Burglar,s" Video Tape. d. First Quarter Crime Report. COMMENTS FROM THE PUBLIC: For Items Not on the A~enda~ please submit request form to the Ci~. Clerk prior to this Item) VIII. CONSENT AGENDA: ao Consideration of approving Minutes from the April 4, 2002 Regular City Council Meeting. bo Resolution 59, 2002 - Mirasol Plat Four-Plat. Consideration of approving the Mirasol Plat Four-Plat. Co Resolution 62, 2002 - Utility Easement in favor of FP&L. Consideration of authorizing the Mayor and City Clerk to execute two Utility Easements in favor of Florida Power and Light Company relating to the construction of Fire Station No. 3. d.Proclamation - Recognizing "Municipal Clerks Week". IX. PUBLIC HEARINGS: X. RESOLUTIONS: a°Resolution 44, 2002 - Art Advisory Committee - Appointment of four members. Consideration of the reappointment of two (2) regular members, one (!) alternate member and the appointment of one (1) regular member and one (1) alternate member to the Art Advisory Committee the City of Palm Beach Gardens. bo Resolution 52, 2002 - Public Safety Communications Consortium. Consideration of committing the City’s portion of funds allocated by Palm Beach County Resolution R-2002-0192 in accordance with Section 318.21(10), Florida Statutes, to The Municipal Public Safety Communication Consortium (MPSCC) communication project. C°Resolution 54, 2002 - Mirasol Parcel 6. Consideration of providing for the approval of a Site Plan to allow for the development of 41 semi- custom homes, known as Mirasol Parcel 6, located within the Mirasol Planned Community District (PCD). do Resolution 55, 2002 - Mirasol Parcel 7. Consideration of providing for the approval of a Site Plan to allow for the development of 38 custom homes, known as Mirasol Parcel 7, located within the Mirasol Planned Community District (PCD). eo Resolution 56, 2002 - Mirasol Parcel 9. Consideration of providing for the approval of a Site Plan to allow for the development of 36 custom homes, known as Mirasol Parcel 9, located within the Mirasol Planned Community District (PCD). Resolution 57, 2002 - Mirasol Parcel 10. Consideration of providing for the approval of a Site Plan to allow for the development of 26 custom homes, known as Mirasol Parcel 10, located within the Mirasol Planned Community District (PCD). go Resolution 58, 2002 -NorthCorp Lot 12 Amendment. Consideration for approval of one professional office building approximately 4,000 square feet as the first phase of a two-phased project on Lot 12 of the NorthCorp Planned Community District (PCD), located just east of the intersection NorthCorp Parkway and east Park Drive in NorthCorp PCD; amending Resolution 65, 1992, to reduce the rear buffer of the property. XI. ORDINANCES: (For Consideration on First Reading) ao Ordinance 14, 2002 - Mirasol PCD Amendment to Master Plan (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned Community District (formerly known as Golf Digest) by amending conditions of approval relating to Park Improvements, CPTED Principles, Bonding of Infrastructure and Landscaping Improvements; and requiring a mechanism for rear yard access and reconfiguring a lake parcel at the site, located between PGA Boulevard and Hood Road, and Florida’s Turnpike and the C-18 Canal, as more particularly described herein; providing for severability; providing for conflicts; and providing for an effective date. bo Ordinance 18, 2002 - Temporary, interim or partial closure of streets and other public rights-of-way (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending section 62- 2, "Obstructions Prohibited," of Article I, "In General," of Chapter 62, "Streets, Sidewalks and Certain Other Public Places," of The City Code of Ordinances to authorize temporary, interim or partial closure of publicly dedicated streets and fights-of-way; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: ao Text Amendment Regarding Development West of Urban Growth Boundary. XIV. CITY ATTORNEY REPORT: a.Approval of payment to RA CO AMO. b.Sale of former Fire Station No. 4. XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. IV. PRESENTATIONS: ao TriRail Presentation by Michael Williams TriRail Transportation Planning Manager. IL ’ i 18771N1~3aO=l O~ IV. PRESENTATIONS: Proclamation- Recognizing the month of May as "Civility Month". CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of May 2002, as ClVILITY MONTH in the City of Palm Beach Gardens and call upon all citizens to exercise civility toward each other. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 21st Day of March, in the year Two Thousand and two. MAYOR ATTEST: BLANE KAUTHEN INTERIM CITY CLERK IV. PRESENTATIONS: Co Engraved Paver-Brick Recognizing the General Federation of Women’s Club of Palm Beach Gardens. VI. CITY MANAGER REPORT: a.Audit Report. Police Department First Quarter 2002 Executive Summary The 2002 first quarter report has a new format. The report is presented by bureau and under each bureau are items in some detail from this quarter. Crime Statistics: Crime reporting for first quarter: Reportable crime overall is down 8%, calls for service is up 5%, burglaries are up 58%, graphs and charts show break down of most crimes and location &burglaries within the city. Crime Stat Note In a recent newspaper article on violent crime in Palm Beach County, Gardens was reported as having a 15% increase. This equates to a total of 14 additional crimes for a 12 month period from 2000 to 2001. Arrests: The infamous Gypsy burglars were arrested by our department from which we received national recognition from other police agencies as well as the media. Property loss was over a million. Our Police Department was featured on America’s Most Wanted for ending the Gypsy’s seven-year national crime spree. Additionally, there were 187 arrests for various crimes in the first quarter of this year, which will be reported to the Florida Department of Law Enforcement. I I I I I City of Palm Beach Gardens Police Department CHIEF JAMES O. FITZGERALD 1st Quarter Report 2002 ADMINISTRATIVE BUREAU FIRST QUARTER 2002 December 2001, CrimeView soflnvare was installed in the Police Department. Crime View is an easy-to-use crime analysis interface between a geographic information system and our crime reporting databases. By using our existing city map and GIS database with CrimeView, we are able to provide meaningful, understandable reports for both internal and external use. Scripts are built into the program that enables us to map crimes several different ways within our City. We can develop maps showing crimes in certain zones, grids or around a feature in the city as a school or mall. This is will be extremely helpful in the Truancy Program analysis. Enclosed with this report are examples of two maps: 1) residential burglaries in the city for the first quarter of 2002, and 2) residential burglaries occurring on certain days and times of the week for the month of January. This can be accomplished with any crime occurring in the city. This program is relatively new, but being used everyday in the Police Department. Additional updates will have to be made by the city’s GIS Department as streets and zones are added to the city in order for the program to be effective. February 19, 2002, the Communication Center received an upgrade to the present VisionAir CAD system. The upgrade~ corrected problems from the previous.version and provided graphics that are more userfriendly. March 28, 2002, the Police Department’s Communication Center went online with an upgraded computerized 9-1-1 and telephone interface system. The system is made by Interact and is supported by Bellsouth. The new equipment includes 19-inch LCD touch screens for operation of all functions of the system, integrated TDD (teletype device for the hearing impaired), and call playback recorders at each emergency communications operator position. In addition to improving the basic call-handling capabilities and capacity of the Communications Center, the upgrade will also provide the ability to gather and track data on call volume statistics, allowing for analysis of call patterns and volume and the most effective scheduling of emergency communications operators. The upgrade was paid for by a grant from the Palm Beach County 9-1-1. A new B&B hydraulic slide operator has been installed to the police department’s parking lot north gate. This replaced a chain driven operator that was unable to operate properly with the number of openings each day. The new operator is more reliable and has secured the police department parking lot. ~- I I I I I I I I I I I I I I I I I I Palm Beach Gardens Police Department PART I CRIME JANUARY-MARCH CRIME COMPARISON CLASSIFICATION Murder Sex Offenses Robbery Aggravated Assault 2001 4 4 19 2002 0 2 11 17 Burglary Larceny Auto Theft TOTAL 77 394 41 539 122 322 22 496 % OF CHANGE N/A -50% 175% -11% 58% -18% -46% -8% 2001 2002 CALLS FOR SERVICE 11854 12468 % OF CHANGE 5.2% Prepared by Leah Wells, Crime Analyst, 4-08-02 I I I I I I I I I I I I I I I I I I Palm Beach Gardens PoliceDepartment 1st-Quarter-Burglary Statistics 90 80 70 60 50 40 30 20 10 0 Burglary~Residence Jan - Feb - Mar 41 Burglary~Business 2001 2002 ] Prepared by Leah Wells, Crime Analyst 4-8-02 I I I I I I I I I I I I I I I I I I Palm Beach Gardens Police Department 1st Quarter Arrests ¯.January- March 2002 Arrest Adult Juvenile Total Retail Theft 41 37 78 Aggravated Battery 4 1 5 Simple Battery 18 0 18 Robbery 1 o 1 D.U.I.15 o 15 Homicide o o o Drugs 20 0 20 Larceny/All Other 1 0 1 Burglary 10 3 13 Auto Burglary 2 1 3 Frauds 10 1 11 Criminal Mischief 1 o 1 Stolen Vehicle o 3 Arson 0 0 Weapons Violations 2 1 3 Liquor Law Violations 0 0 0 " Dealing in Stolen Prop.0 0 0 Miscellaneous 12 3 15 Prepared by Leah Wells, Crime Analyst 4-8-02 g !"- ! l i i EIHI 0o 0 I I I I I I I I I I I I I I I I I I I UNIFORM OPERATIONS BUREAU FIRST QUARTER 2002 The first quarter of this year has taken the City into the limelight of National recognition in the apprehension of the infamous Gypsy Burglars by our Police Department after the formation of a specialized TAC Unit. This unit was comprised of a Sergeant and two officers that were pulled from regular assignment areas to strategically focus their attention to the residential.burglary " ¯ problems we have been plagued with. A culmination of team effort and diligence exhibited by TAC, K-9, and Uniform Operations personnel resulted in the successful conclusion of these particular burglaries. The department continues to manage issues that arise from the vast increase of calls for service surrounding the growth rate of the City. Those demands reflected in Part One Crime Statistics; although down 8% overall, reflect a residential and commercial burglary rate increase of 58% coupled by a 5.2% increase in overall calls for service. Although departmental staffing levels are approaching a critical level due to a variety of reasons, overtime usages have been substantial. Due to the exceptional resolve and tenacity of officers, results have been exceedingly successful. The Traffic Unit during the first quarter worked a total of 630 accidents within the city limits. A DUI Safety & Sobriety Checkpoint on Northlake Boulevard was conducted and over 700 vehicles were processed. Two drivers were arrested for DUI, three vehicles impounded and 100 traffic violations were written. The Unit also participated in "Buckle-upFlorida’s Child passenger Safety Week" where officers issued 328 seat belt and child restraint violations. They also staged a "Child Safety Seat Fitting Station" at the Police Department in February. The Unit has focused special attention to the PGA Boulevard and Alternate A1A area due to the massive construction project underway. Uniform Operations personnel in addition to increased calls for service diligently strive to devote as much time as possible to "Directed Patrol" projects. Current areas being addressed are as follows: o:o Promenade Plaza Juvenile problems o:o Gardens East area for Auto Burglaries o~o Gardens Mall for stolen vehicles o:° Carmines Dell o:° Hilltop Gardens o:o Northlake Corridor midnight shift business burglaries o:o City Parks during midnight shift due to vandalism The K-9 Unit has welcomed two new dogs, Cash and Dragan. Handlers Wright and Zakian began the K-9 Academy and both are doing well. Officer Wright has completed the K-9 Instructor Course and is awaiting the start of Instructor Techniques Course. Upon completion he will be qualified to teach K-9 Certification. SPECIAL OPERATIONS FIRST QUARTER: BUREAU 2002 The Special Operations Bureau was created in February 2002. This bureau provides ancillary support to patrol and consists of detectives, crime prevention, juvenile first offender, truancy. interdiction, Police Athletic League, and police explorers. Specialized units include SWAT, Honor Guard, and Dive Teams. Additionally, this bureau is responsible for public information, internal affairs, training, accreditation, recruiting, backgrounds, and hiring. I I I I I I During the past year, numerous citizens fell victim to the Gypsy burglars who were responsible for committing residential burglaries in gated communities. Property losses were more than one million dollars. We established a temporary tactical unit headed by Sergeant A1 Wesenick who was temporarily re-assigned from the Training Division. He teamed up with K-9 Officer Robert Wummer. Together they conducted hundreds of hours of surveillance that lead to the arrest of the Gypsy burglars. After the apprehension, America’s Most Wanted featured Wesenick and Wummer as the team who stopped the Gypsy’s seven-year national crime spree. The following is a summary of the activities and accomplishments of each of the divisions and units within the Special Operations Bureau: Detective Division: This division is staffed with five general assignment detectives and one volunteer who conducts follow-up calls to victims on cases that are not assigned to detectives. This division is allotted six detectives, however, one detective is temporarily assigned to Road Patrol. Below is a graph depicting the number of cases assigned, solved and unsolved: i 200 150 I I I I I I 100 50 0 Number Of Cases rlAssignable ilAssigned i Solved FI Unsolved FI/~rres ts ¯ ,ecres t Warrants Evidence/Property Section: This section is tasked with maintaining custody of all property that comes into the Police Department. The following graph depicts the number of items inventoried by the evidence technician: 1000 500 Number of Items ~] New Cases ¯ New Items 13 Disposed Cases rl Disposed Items I I Training Division: The training division is tasked with facilitating and conducting police i training for our employees, other police departments, city departments, and other entities. This division also maintains databases to track each officer’s level of training and required mandates by the Florida Department of Law Enforcement. The following graph depicts the training that i has been conducted for this quarter: I 300 [’~~~~E} In-House 200 [,/.~ ~[i/.~,Outside Local O Out of County I 1000 ~ .~l ¯ nNew Reserve Employee Orientation Officer i Police Training Hours Specialized Units: These units are staffed by officers on a voluntary base. The SWAT, hostageIteamsnegotiations and dive are specially trained and mobilized during unusual occurrences. These teams mustconsistently train in order to maintain optimal readiness condition.The i following graph incidents where they were utilized:depicts training and I 15 ~ ~ B SWAT/Hostage Negotiators 1! ~22 L .Dive Team I n Honor Guard Training/Usage Hours Youth Programs: The Police Department currently has five youth programs. These programs focus on crime prevention by mentoring today’s youth and directing them down the right path. The Police Department encourages "at risk" juveniles to participate in these programs. The following graph illustrates the number of juveniles in each program, and the number of hours the juveniles have participated in each: I I I I 400 200 0 n P.A.L. (24 Juveniles) Hours D.A.R.E. (421 Students)Explorers (6 Explorers) I I I I I I I I I I I I I I I I I I Truancy Interdiction Program: This program is tasked with processing those juveniles that are truant from school. Apprehending truants has been proven to reduce crime. The following graph illustrates the number of juveniles who were processed through the Truancy Center: 200 150 100~ 50 0 ~Apprehended by P.B.G.P.D. mApprehended by Other Agencies [~Total Number Processed Number of Repeat Offenders Number of Juvenles Juvenile First Offender Program: This program addresses juveniles who have committed a crime for the first time. These juveniles, with the consent of their parents, are offered an alternative to arrest by entering into a strict program. They must maintain good grades, perform community service, and complete other sanctions imposed. If the juvenile fails to complete the program, the original charges are filed. The following graph illustrates the number of juveniles in the program as well as how many completed the program this quarter: 30, 20, 10, 0, Number of Juveniles Active New Completed Volunteer Hours: The volunteer program provides support to the Police Department by completing tasks that would normally require additional personnel to do. Some of the assignments include, detective division and specialized unit support and uniform patrol supplementation through our reserve officer program. The following is a list of these volunteers and the number of service hours contributed during this quarter: 13Total Volunteer Hours ¯ Joe Callea ¯ Tim Cook 13 Dan Mirski ¯ Michael DeRosa 13 Greg Timmer ¯ Michael Morehead 13Bob Wilson 13 Mark Glass ¯ l Bill Treamont 13 Don Horine I 402 150 6O 0 100 200 300 400 500 I I I I I I I I I I I I I, I I I I I I CITY OF PALM BEACH GARDENS FLORIDA Beach COMPREHENSIVE ANNUAl. FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 2001 I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA FINANCIAL STATEMENTS WITH INDEPENDENT AUDITOR’S REPORT THEREON SEPTEMBER 30, 2001 CITY OF PALM BEACH GARDENS, FLORIDA TABLE OF CONTENTS Introduction Section Letter of Transmittal ~ Certificate of Achievement for Excellence in Financial Reporting Organizational Chart Principal City Officials Financial Section Independent Auditor’s Report General Purpose Financial Statements Combined Balance Sheet - All Fund.Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues and Expenditures - Budget and Actual = (Budgetary Basis) - All Budgeted Governmental Fund Types Combined Statement 6f Revenues, Expenses and Changes in Retained Earnings (Deficit) - All Proprietary Fund Types, Combined Statement of Changes in Net Plan Assets - All Pension Trust Funds Statement of Cash Flows - Proprietary Fund Types Notes to Financial Statements Required Supplemental Information Schedule of Funding Progress Schedule of Contributions from the Employer and Other Contributing Entities Notes to Required Supplemental Information Pages 1-10 11 12 13 14- 15 16- 19 20- 21 22- 23 24 25 26 27- 62 63 64 65 I I I I I I I I I I I i I I I I I I I I I I I I I I I I I- I I I I i I I CITY OF PALM BEACH GARDENS, FLORIDA TABLE OF CONTENTS Supplemental Information Combining, Individual Fund and Account Group Statements: General Fund Balance Sheet Schedule of Revenues and Other Financing Sources - Budget and Actual Schedule of Expenditures and Other Financing Uses - Budget and Actual Bond Amortization Schedules Special Revenue Funds Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balance Schedule of Revenues and Expenditures - Budget and Actual - (Budgetary Basis) Budgeted Special Revenue Funds Capital Projects Funds Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balance Schedule of Revenues and Expenditures -Budget and Actual (Budgetary Basis) - Budgeted Capital Projects Funds Proprietary Funds Enterprise Fund Balance Sheet Schedule of Revenues -Budget and Actual Schedule of Expenses - Budget and Actual Amortization Schedule for Golf Course Refunding Bonds Internal Service Fund Balance Sheet Schedule of Revenues and Expenses - Budget and Actual Fiduciary Funds Combining Balance Sheet - All Trust Funds Combining Statement of Changes in Net Plan Assets - All Pension Trust Funds Pages 66 67- 68 69- 70 71- 76 77 78 79- 82 83-85 86-88 89-92 93 94 95 96 97 98 99 100 CITY OF PALM BEACH GARDENS, FLORIDA TABLE OF CONTENTS Supplemental Information (Continued) General Fixed Assets Account Group Schedule of General. Fixed Assets - By Source Schedule of General Fixed Assets - By Function and Activity Schedule of Changes in General Fixed Assets - By Function and Activity, Statistical Section General Fund Governmental Expenditures by Function General Fund Governmental Revenues by Source Property Tax Levies and Collections Assessed Value of Taxable Property Property Tax Rates - Direct and Overlapping Governments Schedule of Direct and Overlapping Bonded Debt¯ Computation of Legal Debt Margin Ratio of Annual Debt Service - Ratio of Net General Obligation Bonded Debt Debt Related Statistics - Schedule of Revenue Bond Coverage - Enterprise’ Funds Demographic Statistics Property Value, Construction and Bank Deposits Principal Taxpayers Miscellaneous Statistics Other Reports Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Management Letter Pages 101 102 103 104-105 106-I07 108-109 110-111 112-113 114. 115 116 117 118 119 120-121 122 123-124 125-127 128-135 ! I I I I I I I ! I ! I I ! ! I I I I I I I I I I I I I I I I I I I I INTRODUCTORY SECTION CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL ¯ PALM BEACH GARDENS, FLORIDA 33410-4698 March 20, 2002 Tothe Citizens of the City of Palm Beach Gardens: The comprehensive annual financial report of the City of Palm Beach Gardens for the fiscal year ended September 30, 2001, is hereby submitted as mandated by both local ordinances and state statutes. These ordinances and statutes require that the City of Palm Beach Gardens issue annually a report on its fmancial position and activity, and that an independent firm of certified public accountants audit this report. Responsibility for both the accuracy of the data, and the completeness and fairness of the presentation, including all disclosures, rests with management. To the best of my knowledge and belief, the enclosed data are accurate in all material respects and are reported in a manner that presents fairly the financial position and results of operations of the various funds and account groups of the City of Palm Beach Gardens. All disclosures necessary to enable the reader to gain an understanding of the City’s activities have been included. I I I I I The comprehensive annual financial report is presented in four sections: introductory, financial, statistical and compliance. The introductory section, which is unaudited, includes this letter of transmittal, an organizational chart and a list of the City of Palm Beach Gardens’ principal elected and appointed officials. The financial section includes the general purpose financial statements, the combining, individual fund, and account group financial statements and schedules, as well as the independent, auditor’s report .on the financial statements and schedules. The statistical section, which is unaudited, includes selected financial and demographic information, generally presented on a multi-year basis. The required reports section includes the independent auditor’s report on compliance, internal control structure and comments to management. ¯ The City of Palm Beach Gardens was not required to undergo a single audit in conformity with the provisions of the Single Audit Act of 1984 and U.S. Office Management and Budget Circular A-133, Audits of State and Local Govemments; for fiscal 2001. Information relating to a single audit, if one had been required, including a schedule of federal financial assistance, the independent auditor’s reports on intemal controls and compliance with applicable laws and regulations, and a schedule of findings and questioned costs would have been included in a separately issued single audit report. The financial reporting entity. (the City) includes all the funds and account groups of the primary government (i.e., the City of Palm Beach Gardens as legally defined), as well as all 0fits component I I I I I I I I I I I I I I I I I I I I I I I I I units. Component units are legally separate entities for which the primary government is financially accountable. The City has no component units at this time. The City of Palm Beach Gardens provides a full range of services, including police and fire protection; the construction and maintenance of highways, streets, and infrastructure; and recreational activities and cultural events. Governmental Structure, Local Economic Condition and Outlook Pall Beach Gardens, incorporated in 1959, is located in the southeastern part of Florida, approximately 7 miles north of West Palm Beach and 70 miles north of Miami. The City currently has a land area of 56 square miles, making it one of the largest cities in Pall Beach County, and has a population of 35,463. The City is empowered to levy a property tax on real property located within its boundaries. The City also has the power by state statute to extend its corporate limits by annexation, which is done periodically when deemed appropriate by the City Council. The City of Palm Beach Gardens has operated under the council-manager form of government from its inception. Policy-making and legislative authority are vested in the governing council, which consists of a mayor and four council members. The governing council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring the City Manager and City Attorney. The City Manager is responsible for carrying out the policies and ordinances of the governing council, for overseeing the day-to-day operations of the City and for appointing the heads of the City’s departments. The council is elected on a non-partisan basis. Council members are elected to three-year staggered terms, with two council members elected one year and three council members the following year. Council members are elected at large; the mayor is selected annually from among the council members by the council members themselves. The City has grown steadily since its incorporation in 1959. The population more than doubled during the 1970’s, increasing by 136%. The following decade saw a similar increase in population growth in numbers, though in percentage terms the increase was only 59%. Continued steady growth is anticipated until 2020, when the City’s population is expected to peak at 70,000. The careful planning and development of Palm Beach Gardens should ensure an economically stable community for the foreseeable future. The wise development of the remaining property within the City will further that stability. The largest employer in the northem Pall Beach County area has long been Pratt & Whitney, a division of United Technologies, which produces jet engines and rocket components for the space program. A restructuring at Pratt & Whitney in 1991 negatively impacted the local economy and housing market. The resulting layoffs caused the unemployment rate to jump to 5.1% in 1992. Unemployment gradually drifted downward through most of the decade as the local economy adjusted and spawned small business ventures. In September 1999, Pratt & Whitney announced the transfer of the airplane engine division to its Hartford, Connecticut headquarters, reducing the local workforce from 4,900 to 1,500 in the next twelve months. However, in January 2000, the firm added an additional 500 jobs to its rocket propulsion division, bringing the workforce back up to 2,000. Recent restructuring has reduced the total workforce to approximately 1,100. Despite the changes at Pratt & Whitney, the local housing and economy has remained strong, with real estate values increasing from 1999 through the end of 2001. Although the construction industry continues to show strength, the average annual unemployment rate in Palm Beach Gardens rose to 2.8% in calendar 2001, up from 2.2% in calendar 2000. For fiscal 2001, the average unemployment rate was 2.5%. Some of the larger commercial entities in the City include the Wackenhut Corporation, which moved its international headquarters to Palm Beach Gardens in 1996, Palm Beach Gardens Medical Center, Catalfumo Construction, Implant Innovations, and the Gardens Mall. In addition, there are several upper level educational institutions located in the City, including Nova Southeastern University, Florida Atlantic University, and Palm Beach Community College. Residential construction saw a dramatic increase in activity in fiscal 2001, with total construction value at $170,899,683, up from $135,676,825 in fiscal 2000. The Macarthur Foundation’s sale of its remaining property in the City will ensure a high level of residential construction over the next several years. Much of this residential construction will be upscale single-family homes in the northern half of the community and expensive rental units located near the Gardens Mall. Commercial construction has remained fairly steady within the community, especially in the vicinity of the Gardens Mall. The City’s light industrial park, Northcorp, has added several new businesses in the last few years, with more development on the way. Although there has not been a large upswing in commercial construction, new large projects slated for the near future such as Legacy Place, along with the up-scale residential construction, bodes well for the long-term health of the City. Major Initiatives For the Year. The City staff, following specific dii’ectives of the City Council and the City Manager, have been involved in a variety of projects throughout ttie year. These projects reflect the City’s commitment to ensuring that its citizens are able to live and work in an enviable environment. The City Council identified new facilities to better serve the citizens as a top priority for the community. The City began construction of a new Parks and Recreation Administration Building at the Klock property, along with a restroom and concession building at Plant Drive Park. The new Parks and Recreation Building will provide much needed relief for the department~ which had previously been housed in the recreation facility at Riverside Drive. This building will not only provide office space for the Parks department, but for the first time will allow for the storage of maintenance equipment in a protected environment, thereby reducing wear and tear from exposure to the elements. Another major project that was, completed during the fiscal year was the construction of the new City Hall Municipal Complex, with the installation of approximately $200,000 in landscaping. ¯The City issued $19,230,000 in Capital Revenue Series B Bonds in May 2001. Approximately $12,000,000 of this issue was used to fund two extremely high visible traffic projects that will be underway next fiscal year: the PGA Flyover and Burns Road improvements. The PGA Flyover is a state project in which the City has contributed approximately $3,000,000 in order to enhance the I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I aesthetics through amenities such as upgraded landscaping, lighting, and additional architectural features. Until completion, the construction of the Flyover will have a negative impact upon the east-west traffic flow through the city. To help alleviate this negative impact and provide better future linkage and traffic flow, the City moved forward with plans to widen Bums Road from Military Trail to Riverside (west end), and Gardens East Drive to Prosperity Farms Road (east end). Approximately $9,000,000 of the proceeds of this issue were allocated to a separate Capital Projects Fund for the construction of the Bums Road improvements. This project will be bid and construction will begin in fiscal year 2002. The balance of the funds from the 2001 Capital Revenue Bonds was used to refund high interest debt on the City’s Enterprise Fund, the Golf Course. This refunding reduced the Net Interest Cost from 7.205% to 5.104%. The Fire Department prepared for the opening of Station Four in Mirasol, and continued with planning and preparation for the construction and staffing of Station Three. Station Four, located north of PGA Boulevard, west of the Turnpike, was constructed by the developers of the Mirasol development at no cost to the City, and will replace the existing station located just south of PGA Boulevard. Projected to open early in 2002, it will also house a police sub-station. Station Three, located in the south end of the City at Northlake Boulevard and Howell Lane, is scheduled to begin construction early in fiscal year 2002. The Police Department continued its focus on providing quality services to the community. The department achieved state accreditation, and was re-accredited nationally. To better serve the needs of the public, five police officers and two sergeant positions were added, a defensive driving program was offered for the citizens, and the department was trained in the use of Automatic External Defibrillators. Internally, the department reconstructed and reorganized their records report filing, formulated a terrorism action plan, implemented phase one of an assigned vehicle program, and started re-negotiation of union contracts. In order to better attract and retain quality personnel, Human Resources began the project of preparing a classification and compensation study to be completed in fiscal year 2002. An independent consultant was engaged to perform this study, and funds were budgeted in fiscal year 2002 to implement the plan. Drainage issues continued to be a primary concern of the Council and a major focus of Public Works. In July of 2001, the City’s engineers were authorized to prepare a plan for proposed storm water management improvements of the City’s drainage system. The scope of their work was to include collection of available information on the existing drainage basins, control structures, and the current status of the canal and swale restoration work. The ultimate goal of this plan is to prioritize storm water management projects and provide a recommended schedule for completion and preliminary engineer’s opinion of probable costs. The Public Works Department also focused on drainage issues by providing a dedicated canal maintenance and swale maintenance crew. In addition, a Federal Economic Development Agency grant was awarded for various drainage improvements in the amount of $200,000. 4 For the Future. The City of Palm Beach Gardens will complete construction of an additional fire station within the next year. The fire station will improve response times to the north and northeastern sections of the City. The station will replace a County fire station, which ctm-ently serves that area and is scheduled to be relocated in neighboring Jupiter, Florida. The City continues to focus on meeting the demands for recreational services. The City will be planning the development oflthe newly acquired, 82 acres District Park as part of a cooperative venture with Palm Beach County to enhance recreational opportunities in the North County area. The County’s District Park is adjacent to the City’s Tennis Center, creating a substantial recreation complex of 115 acres for the future. The Recreation Advisory Board is continuing to work on formulating a plan for the recreational facilities of the City, including existing as well as proposed new facilities. Through their work, which includes surveying the opinions of the residents, we will have a project scope _and cost projections which.Council can review and discuss funding options. Infrastructure improvements; especially drainage systems, will continue to be a high priority in the next few years. As discussed earlier, the City has been awarded an Economic Development Agency Grant of $200,000 to make drainage improvements within the City. This grant will be matched with $200,000 from the City. The City has also been awarded a $350,000 Federal Emergency Management Agency grant for_ flood mitigation work. In addition, the City is reviewing the feasibility of assigning the imaintenance of all canals to the Northern Palm Beach County Improvement District. Financial Information Management of the City is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse and ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments management. As a recipient of federal, state and local assistance, the City also is responsible for ensuring that an adequate control structure is in place to ensure compliance with applicable laws and regulations related to these programs. This internal control structure is subject to periodic evaluation by management and the internalaudit staff of the City. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I In addition, the City maintains budgetary controls. The objective of these budgetary controls is to ensure compliance with legal provisions embodied in the annual budget ordinance approved by the City Council. Activities of the general fund, certain special revenue funds, certain capital projects funds, the enterprise fund and the intemal service fund are included in the annual budget ordinance. The level of budgetary control (that is, the level at which expenditures cannot legally exceed the appropriated amount) is established at the fund level. The City also maintains an encumbrance accounting system as one method of accomplishing budgetary control. Encumbered amounts at year-end are carried forward to the following fiscal year. As demonstrated by the statements and schedules included in the financial section of this report, the City continues to meet its responsibility for sound financial management. General Government Functions and General Fund Balance. The following schedule presents a summary of general fund revenues for the fiscal year ended September 30, 2001, and the amount and percentage of increases and decreases in relation to prior year revenues. Increase Percent of Percent (Decrease)Increase Revenues Amount of Total from 2000 (Decrease) Taxes $21,938,369 71.2%$4,480,888 25.7% Licenses and Permits 2,374,594 7.7%379,280 19.0% ¯ Intergovernmental 3,715,437 12:1%196,293 5.6% Charges for Services 1,165,968 3.8%(39,202)(3.3)% Fines and forfeitures 372,400 1.2%102,049 37.7% Interest 703,840 2.3%15,373 2.2% Miscellaneous 521,915 1.7%305,906 141.6% Totals $30,792,523 100.0%$5,440,587 Tax revenues increased mainly due to higher property tax collections. Property taxes grew by $3,748,857, or 25%. The growth in property tax revenues reflects an increase in the operating tax rate of 18.9%, to 5.175 mills, inclusive of the taxes levied to repay the 1996, 1997, 1998, 1999 and 2000 general obligation bonds issued to construct the Municipal Complex improvements. Electricity franchise taxes increased $406,613, or 17.6%. Other taxes including telephone and cable TV franchise taxes accounted for the majority of the balance of the increase in tax revenue, with a combined increase of $312,085. " Licenses and permits increased from the levels of a year ago. Occupational licenses increased by $183,335, or 19.1%, as the result of greater commercial activity within the City. Building permit revenues also posted a healthy jump in revenues, increasing by $195,944, or 19%, as new residential and commercial starts picked up substantially in fiscal 2001. 6 Intergovernrnental revenues showed an increase in fiscal 2001 as well, with sales tax and state revenue sharing accounting for, most of the increase. Sales tax revenues in fiscal 2001 increased by $69,939, or 2.8 %, while state .revenue sharing increased $34,762, for an increase of 5.4%. Charges for services decreased in 2001 mainly as the result of a decrease in emergency medical service (EMS) transport fees, which were down by 10%, or $72,000. Fines and forfeitures increased as the result of an increase in the number of moving violations and increase in code enforcement fines collected. Interest income increased slightly in fiscal 2001 as lower rates were offset by gains on investments that were sold or called. Miscellaneous revenues reflect an increase primarily due to adjustments made at year-end to properly reflect contributions for various projects that were subsequently transferred to other funds. The following schedule presents a summary of general fund expenditures and operating transfers for the fiscal year ended September 30, 2001, and the percentage of increases and decreases in relation to prior year amounts. Expenditures and Transfers Current General government Public safety Culture and recreation Physical environment Capital Outlay Debt Service Principal Interest and Fiscal Charges Operating Transfers Out Totals Increase Percent of Percent (Decrease)Increase Amount of Total from 2000 (Decrease) $6,445,665 15,612,775 2,879,060 2,359,753 603;311 20.9%$(429,801)(6.3)% 50.7%1,170,869 8.1% 9.4%487,815 20.4% 7.7%97,916 4.3% 1.8%(1,537,682)(71.8)% 817,694 2.7%(84,509) (9.4)% 1,036,734 1,035,728 3.4%186,799 22.0% 3.4%885,728 590.5% $30,790,720 100%$777,135 The General government category experienced a decrease due to extremely high consulting fees that were paid in fiscal 2000, but were not repeated in fiscal 2001. Public safety expenditures increased mainly due to the hiring of additional personnel in the police and fire departments. Salary increases in the police and fire departments accounted for the bulk of the remaining increase in this category. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Culture and recreation expenditures increased primarily due to increased expenditures for repairs and maintenance and for land and improvements. Expenditures for physical environment increased from fiscal 2000 mainly due to additional canal maintenance expenses and normal salary increases. The increase in debt service expenditures mainly reflects the debt repayment for bonds issued in 1996, 1997, 1998, 1999, and 2000 for Municipal Complex improvements. The operating transfer out increase reflects the transfer out of citizen contributions for road and drainage projects from the General Fund to the proper Capital Projects Funds. The decrease in capital outlay is due primarily to the completion of the construction on the municipal complex. Expenditures on the municipal complex were much higher in the previous two fiscal years than in the current fiscal year. General Fund Balance. The unreserved fund balance of the general fund increased by $2,089,627 in 2001, to $3,159,696. This increase is the result of excess revenues of $76,270, coupled with the fact that none of the fund balance was designated to balance the subsequent year’s budget, as had been done in the prior year. This level provides the City with an unreserved fund balance that is the equivalent of 37 days of expenditures. This provides an adequate reserve for the City to sustain any short-term financial hardship. Enterprise Operation. The City’s enterprise operation is comprised of one function: the Golf Course Fund. The operation of the Course incurred a net loss for fiscal 2001 of $370,560. As of September 30, 2001, the enterprise fund had a deficit in retained eamings of $1,287,485. In an effort to try to turn the operation around, the City began examining the management of the operation, and decided to move this function in-house. This change was effective December 1, 2001. Pension Trust Fund Operations. The General Employees Defined Benefit Pension Plan experienced a $259,662 decrease in net plan assets for fiscal 2001. The decrease was a result of the adjustment made to reflect the market value of securities held as of the year-end, and is indicative of the overall market conditions in 2001. Net investment income and realized gains from investments were up by $3,954, or 3.8%. However, unrealized gains on securities from the prior year were completely eroded, as market values plummeted. The annual actuarial valuation reflects the Plan’s progress in funding. The Police Pension Fund saw an increase in total additions to net plan assets for fiscal 2001 of $82,549. Unlike the General Employees Plan, the net investment income and increase in employer contribution was enough to offset the large adjustment to adjust the fund’s holdings to market value as of September 30, 2001. Net investment income and realized gains from investments were up by $155,387, or 52.1%. The actuarial valuation reflects the Fund’s financial stability and sound funding status. The Firefighters’ Pension Fund also experienced an increase in net plan assets for the year, up by $40,194. As with the Police Pension Fund, this was attributed to increased employer contributions and investment income, which was enough to offset the drop in fair market value of the fund’s holdings. Net investment income and realized gains from investments were up by $389,148, or 285.3%. The annual actuarial valuation reflects the Plan’s continued progress in funding for future benefits. Debt Administration. At September 30, 2001, the City had several debt issues outstanding. These issues, net of applicable unamortized discounts, included $16,591,247 in general obligation bonds, $7,245,000 in revenue bonds, $11,985,000 in capital bonds, and $3,858,403 in notes payable. The City purchased insurance for its Special Obligation Revenue Bonds, Series 1990, earning the bonds an Aaa rating from Moody’s Investor Services. The City’s 1996 General Obligation Bonds ($4.4 million), 1997 General Obligation Bonds ($4.9 million) 1998 General Obligation Bonds ($4.4 million), and 1999 General Obligation Bonds ($3.7 million) are rated Aal by Moody’s Investor Services. The City’s bond rating was upgraded to Aal from Aa2 in 1999. Cash Management Policies and Practices. Cash temporarily idle during the year was invested in demand deposits, obligations of the U.S. Treasury, commercial paper, obligations of U.S. government agencies and instrumentalities and the State of Florida Investment Pool. The maturities of the investments generally ranged from 1 day to 10 years, with the average maturity being 1 year. The average yield on investments, except for the pension trust funds, was 4.74 percent. The pension trust funds all experienced negative returns on their portfolios for the fiscal year. This is attributable to the long-term nature of the majority of their holdings, and is indicative of the overall equity markets for 2001. The City, excluding pension trust funds, earned investment revenue of $1,143,471 for the year ended September 30, 2001. The City’s investment policy is to minimize credit and market risks while maintaining a competitive yield, on its portfolio. Accordingly, 100% of deposits were either insured by federal depository insurance or collateralized. The State Treasurer held all collateral on deposits. All of the investments held by the pension trust funds during the year and at September 30, 2001, are classified in the highest category of credit risk as defined by the Govemmental Accounting Standards Board. The Governmental Accounting Standards Board classifies all of the non-pension trust investments held by the City at September 30, 2001, in the lowest category of credit risk. This percentage did not fall below 100% at any time during the year. Risk Managemena The City’s recently hired Risk Manager continues to work on providing safety- training programs and closely monitors all claim activity. Through these efforts, the City improved its Workers Compensation Experience Rating substantially in 2001. The City, through the risk management function, continues to keep a watchful eye on all insurance programs and costs, and solicited proposals for property and casualty coverage during the summer of 2001, in order to obtain the most cost efficient coverage possible. I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I Other Information Independent Audit. State statutes require an annual audit by independent certified public accountants. The accounting firm of Nowlen, Holt & Miner was selected by the City Council. In addition to meeting the requirements set forth in state statutes, the audit was also designed to identify any requirements of the federal Single Audit Act of 1984 and the related U.S. Office of Management and Budget’s Circular A-133. Generally accepted auditing standards and the standards set forth in the General Accounting Office’s Government Accounting Standards were used by the auditors in conducting the engagement. The auditor’s report on the general purpose financial statements and combining and individual fund statements and schedules is included in the financial section of this report. If a single audit had been required, additional auditor’s reports on internal controls and compliance with applicable laws and regulations would have been found in a separately issued single audit report. Awards. The Government Finance Officers Association (GFOA) awarded a Certificate Achievement in Financial Reporting to the City for its comprehensive annual financial report for the year ended September 30, 2000. This was the seventh consecutive year the City has received this prestigious award. In order to be awarded a Certificate of Achievement, the City published an easily readable and efficiently organized comprehensive annual financial report. This report satisfied both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual fmancial report continues to meet the Certificate of Achievement Program’s requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. Acknowledgments. The preparation of this report could not have been accomplished without the efficient and dedicated services of the entire staff of the finance department. Each member of the department has my sincere appreciation for the contributionsmade in the preparation of this report. I especially wish to thank Finance Manager Mary Anderson for her contributions to the preparation of this document. In closing, without the leadership and support of the City Manager and the City Council, preparation of this report would not have been possible. Respectfully submitted, Allan Owens, CPA, CGFO Finance Director 10 Certificate of Achievement for Excellence in Financial Reporting Presented to City of Palm Beach Gardens, Florida For its Comprehensive Annual Financial Report for the Fiscal Year Ended S~pfember 30, 2000 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. ~ Executive Director I I I I I i I I I i i I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA ORGANIZATIONAL CHART RESIDENTS J MAYOR CITY COUNCIL ART CODE ENFORCEMENT PARKS AND RECREATION PLANNING AND ZONING ZONING BOARD OF APPEALS EDUCATION CiTY MANAGER CITY CLERK CITY ATTORNEY CITY ENGINEER HUMAN RESOURCES POLICE PUBLIC WORKS PARKS/RECREATION FIRE/EMS FINANCE GROWTH MANAGEMENT 12 CITY OF:PALM BEACH GARDENS, FLORIDA ELECTED OFFICIALS Joseph Russo Eric Jablin David Clark Lauren Furtado Carl Sabatello Mayor Vice-Mayor Council Member Council Member Council Member ADMINISTRATION Ron Fen’is Carol Gold Allan Owens Peter Bergel Charles Wu Henry DuFour Susan Miller James Fitzgerald Hoyt Owens City Manager City Clerk Finance Director Fire Chief Growth Management Director Human Resources Director Parks & Recreation Director. Police Chief Public Works Director INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Nowlen, Holt & Miner, P.A. 13 I I I I I I I I I I I I I I I I I I I I FINANCIAL SECTION THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I NOWLEN, HOLT & MINER, P.A. CERTIFIED PUBLIC ACCOUNTANTS WEST PALM SEACH OFFICE 215 FIFTH STREET, SUITE 200 POST OFFICE BOX 347 WEST PALM BEACH, FLORIDA 33402-0347 TELEPHONE (561) 659-3060 FAX (561) 835-0628 INDEPENDENT AUDITOR’S REPORT EVERETT B. NOWLEN {1 ¢~0.’~984), CPA EDWARD T. HOLT. CPA W~LLIAM B. M~NER, CPA ROBERT W. HENDRIX. JR., CPA JANET R. BARICEVICH. CPA MARK B. ELHILOW, pFS. CPA KATHLEEN A. MINER, CPA R. GREGORY SMII~H. CPA ROBERT W. HELMREICH, CPATERRY L. MOFf~N, JR., CPA N. RONALD BENNETT, CPA J. MICHAEL STEVENS, CPA DANIELA’ E. RUSSELL, CPA RICHARD M, SOTHEN, CPA DANIEL A. KIRCHMAN, CPA The Honorable Mayor and City Council City of Palm Beach Gardens Palm Beach Gardens, Florida BELLE GLADE OFFICE 333 S. E. 2rid STREET POST OFFICE BOX 338 BELLE GLADE, FLORIDA 33430-0338 TELEPHONE (561) 996-5612 FAX (~) ~s-ee48 We have audited the accompanying general-purpose financial statements of the City of Palm Beach Gardens, Florida, as of and for the year ended September 30, 2001, as listed in the table of contents. These general-purpose financial statements are the responsibility of the City’s management. Our responsibility is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits e0ntained in Government Auditing Standards, issued by the Comptroller General of the United St~ites. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Palm Beach Gardens, Florida as of September 30, 2001, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with U.S. generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated March 13, 2002, on our consideration of the City’s internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in eonjtmetion with this report in considering the results of our audit. 14 AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS * FLORIDA INSTITUTE OF CERTIFIED PUBUC ACCOUNTANTS ¯ ACCOUNTING FIRMS ASSOCIATED INC, Our audit was conducted for the purpose of forming an opinion on the general-purpose financial statements taken as a whole.. The supplemental information listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general-purpose financial statements of the City of Palm Beach Gardens, Florida. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a. whole. We did not examine the statistical data as set forth in the table of contents arid, therefore, express no opinion thereon. March 13, 2002 15 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GENERAL PURPOSE FINANCIAL STATEMENTS CITY ~OF PALM BEACH GARDENS, FLORIDA Combined Balance Sheet-All Fund Types and Account Groups September 30, 2001 Assets and other debits Assets Cash and cash equivalents Investments Receivables Accounts Interest Employees Intergovernmental State County Due from other funds Inventory Prepayments Restricted assets Cash and cash equivalents Investments Deposits Deferred charges Land, buildings and equipment Amount to be provided for retirement of long-term debt Total assets and other debits Governmental Fund T~cpes Special Capital General Revenue Projects 4,605,910 $ 1,085,097 300,000 1,l 11,724 50,016 1,978 195,160 120,224 762,134 1,722 19,595 218,450 $ 7,336,897 $ 1,135,113 $ 16 9,611,080 3,148,000 1,017,641 1,011,261 14,787,982 I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I Proprietary Fund Types Enterprise $ 1,121,479 5,637 28,726 611,313 3,080 132,349 4,963,375 Fiduciary Fund Types Internal Service Trust 530,572 $ 216,721 17,401,270 14,590 1,022,716 106,803 58,073 Account Groups General General Fixed Long-Term Assets Debt $$ 40,796,506 $ 6,865,959 $ 1,567,878 $ 17,782,867 $ 40,796,506 Totals (Memorandum Only) See notes to ,the financial statements. 17 2001 2000 $ 17,170,859 $ 6,995,788 17,701,270 21,892,126 1,167,377 852,971 108,781 176,217 58,073 52,242 195,160 387,609 120,224 35,093 762,134 1,019,697 45,038 34,832 3,167,595 15,222 1,236,091 1,138,574 1,622,574 3,080 1,100 132,349 113,227 46,782,597 46,017,981 34,125,152 34,125,152 22,687,446 $ 34,125,152 $ 124,398,354 $ 101,420,125 (Continued) CITY OFf PALM BEACH GARDENS, FLORIDA Combined Balance Sheet - All Fund Types and Account Groups September 30, 2001 (Continued) Governmental Fund T~pes Liabilities, fund equity and other credits Special Capital General Revenue Projects Liabilities Accounts payable Accrued liabilities Contractor engineering deposits Accrued interest payable from restricted assets Contract and retainage payable Deferred revenue Due to other funds Due to other governments Compensated absences payable Claims and judgments payable Environmental remediation Notes payable Revenue bonds payable Obligation under capital lease General obligation bonds Total liabilities Equity and other credits Contributed capital Investment in general fixed assets Retained earnings (deficit) Fund balances Reserved for encumbrances Reserved for inventory Reserved for prepayments Reserved for law enforcement Reserved for employees’ pension benefits Reserved for capital improvements Unreserved Designated for subsequent year’s budget Designated for road improvements Designated for special projects Undesignated $901,182 250,931 470,018 399,972 126,481 214,710 $ 2,363,294 1,622,000 1,722 19,595 37,377 133,213 3,159,696 $32,193 $ 158,206 $ 190,399 20,622 42,217 438 881,437 Total equity and other credits Total liabilities, equity, and other credits 4,973,603 $ 7,336,897 190~893 18 $ 190,893 353,374 3,148,000 11,095,715 944,714 14,597,089 $ 1,135,113 $ 14,787,982 I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I Proprietary Fund Types Enterprise $ 14,181 132,129 762,134 7,245,000 $ 8,153,444 $ (1,287,485) (1,287,485) $ 6,865,959 Fiduciary Fund Types Internal Service Trust $5,242 8,655 13,925 251,832 $ 279,654 $ 271,489 1,016,735 1,288,224 $ 1,567,878 $ 30,011 $ 30,011 $- 17,752,856 17,752,856 $ 17,782,867 Account Groups General Fixed Assets General Long-Term Debt 40,796,506 Totals (Memorandum Only) 4O,796,5O6 $ 40,796,506 2001 $$ 982,809 259,586 -470,018 -132,129 -190,893 -558,178 -762,134 -126,481 -1,390,502 1,404,427 -214,710 -300,000 300,000 -3,858,403 3,858,403 -11,985,000 19,230,000 -251,832 -16,591,247 16,591,247 $ 34,125,152 $ 45,332,847 $ 34,125,152 See notes to the financial statements. 19 2000 $964,968 451,331 419,432 124,299 571,039 929,133 1,019,697 202,942 1,133,853 224,394 300,000 4,007,518 6,680,000 17,260,000 $ 34,288,606 $ 271,489 40,796,506 (270,750) 1,995,996 1,722 3,167,595 79,594 17,752,856 11,095,715 133,651 4,041,133 79,065,507 $ 124,398,354 $ 271,489. 39,976,165 (24,711) 580,131 4,025 14,881 40,152 17,889,775 3,442,224 2,363,566 784,331 95,681 1,693,810 67,131,519 $ 101,420,125 CITY OF PALM BEACH GARDENS, FLORIDA Combined Statement of Revenues, Expenditures, and Changes in Fund Balances All Governmental Fund Types Year Ended September 30, 2001 Governmental Fund Type Special Capital General Revenue Projects Revenues Taxes $ 21,938,369 $ 636,565 $ 1,169,257 Licenses and permits 2,374,594 - Intergovernmental 3,715,437 - Charges for services 1,165,968 1,181,722 Fines and forfeitures 372,400 21,211 Contributions 299,397 - Interest and investment earnings 703,840 41,335 272,724 Miscellaneous 222,518 3,295 83,599 Total revenues 30,792,523 1,884,128 1,525,580 Expenditures Current General government Public safety Culture and recreation Physical environment Transportation Capital outlay Debt service Principal Issuance costs Interest Total expenditures 6,445,665 - 15,612,775 193,405 2,879,060 938,694 2,359,753 - -497,655 603,311 18,651 817,694 1,036,734 999,004 2,234,486 100,408 29,754,992 1,648,405 3,333,898 1,037,531 235,723-(1,808,318)Excess of revenues over (under) expenditures Other financing sources (uses) Bond proceeds Loan proceeds Operating transfers in Operating transfers out -12,031,669 74,467 111,000 924,728 (1,035,728)(74,467) Total other.financing sources (uses)(961,261 36,533 12,956,397 Excess of revenues and other financing sources over (under) expenditures and other financing uses 76,270 272,256 11,148,079 Fund balances, October 1, 2000 4,897,333 672,458 3,449,010 Fund balances, September 30, 2001 $ 4,973,603 $ 944,714 $ 14,597,089 20 I I I I I I I I I I I I I I I I I I I I I I I Totals (Memorandum Only) 2001 23,744,19l 2,374,594 3,715,437 2,347,690 393,611 299,397 1,017,899 309,412 34,202,231 7,444,669 15,806,180 3,817,754 2,359,753 497,655 2,856,448 817,694 t00,408 1,036,734 34,737,295 (535,064) 12,031,669 1,110,195 (1,110,195) 12,031,669 11,496,605 9,018,801 $ 20,515,406 2000 18,723,891 1,995,314 3,519,144 2,320,054 283,785 10,000 966,582 366,538 28,185,308 7,338,187 14,616,931 3,408,051 2,261,837 519,778 4,619,040 902,203 849,935 34,515,962 (6,330,654) 1,218,355 3,000,000 17,006 (167,006) 4,068,355 (2,262,299) 11,281,100 $ 9,018,801 See notes to the financial statements. 21 CITY OF PALM BEACH GARDENS, FLORIDA Combined Statement of Revenues and Expenditures - Budget and Actual - (Budgetary Basis) All Budgeted Governmental Fund Types Year Ended September 30, 2001 Revenues Taxes Licenses and permits Intergovemmental Charges for services Fines and forfeitures Contributions Interest and investment earnings Miscellaneous Total revenues Expenditures Current General government Public safety Culture and recreation Physical environment Transportation Capital outlay Debt service Principal Interest Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses) Bond proceeds Loan proceeds Operating transfer in Operating transfer out Total other financing sources (uses) Excess of revenues and other financing sources over (under) expenditures and other financing uses Budget $ 21,653,293 2,090,000 3,941,500 1,180,225 322,000 582,000 500,000 30,269,018 6,6731384 15,914,953 2,773,164 2,614,992 o :754,060 8~8,009 1,034,989 30,583,551 (314,533) 105,000 (154,000) (49,000) $ (363,533) General Fund Actual ¯ $ 21,938,369 2,374,594 3,715,437 1,165,968 372,400 299,397 703,840 222,518 30,792,523 6,420;321 15,612,775 2,522,826 2,167,986 2,225,311 817,694 1,036,734 30,803,647 (11,124) 74,467 (1,035,728) (961,261) $ (972,385) Variance Favorable (Unfavorable) $285,076 284,594 (226,063) (14,257) 50,400 299,397 121,840 (277,482) 523,505 253,063 302,178 250,338 447,006 (1,471,251) 315 (1,745) (220,096) 303,409 (30,533) (881,728) (912,261) $ (608,852) 22 I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I Budgeted Special Revenue Funds Bud~;et $ 590,000 Actual $ 636,565 987,060 39,771 3,295 1,666,691 l, 162,200 23,000 40,000 1,815,200 24,200 1,058,393 690,000 19,800 938,694 518,277 18,651 Variance Favorable (Unfavorable) $ 46,565 (175,140) 16,771 (36,705) (148,509) 24,200 119,699 171,723 1,149 1,792,393 1,475,622 316,771 22,807 191,069 168,262 4,000 111,000 107,000 (105,000)(52,500)52,500 (I01,000)58,500 159,500 Budgeted Capital Project Funds Budga Actual $ 315,000 $ 813,638 62,000 163,785 100,000 46,860 477,000 1,024,283 Variance Favorable (Unfavorable) $ 498,638 101,785 (53,140) 547,283 $(78,193) $ 249,569 77,400 3,361,600 75,020 15,600 3,529,620 (3,052,620) 205,232 1,478,044 1,683,276 (127,832) 1,883,556 75,020 15,600 1,846,344 2,393,627(658,993) $ 327,762 $ (3,052,620) $ (658,993) $ 2,393,627 See notes to the financial statements. 23 CITY O1~ PALM BEACH GARDENS, FLORIDA Combined Statement of Revenues, Expenses, and Changes in Retained Earnings (Deficit) All Proprietary Fund Types Year Ended September 30, 2001 Operating revenues Charges for services Miscellaneous Proprietary Fund Types Total Internal (Memorandum Enterprise Service Only) $ 1,348,149 $ 1,119,007 $ 2,467,156 16,882 16,882 Total operating revenues 1,365~03 !1, I 19,007 2,484,038 Expenses Management Maintenance contract Personnel services Professional services Administrative services Depreciation Cost of goods sold Operating supplies Insurance Equipment rental Vehicle maintenance and repair Fuel and chemicals Promotional advertising Repair and maintenance Other professionai and contractual ¯ Utilities Amortization Other expenses 292,679 292,679 309,405 309,405 266,985 266,985 1,310 1,310 151,225 151,225 261,050 307,917 568,967 99,153 99,153 123,676 2,197 125,873 17,315 17,315 48,360 391 48,751 127,862 127,862 203,562 203,562 57,546.57,546 28,436 3,036 31,472 49,085 49,085 37,723 1,938 39,661 13,181 13,1~1 10~808 6,792 17,600 Total operating expenses 1,348,417 1,073,215 2,421,632 Operating income 16,614 45,792 62,406 Nonoperating revenues (expenses) Interest revenue Interest expense Gain on disposal of fixed assets 101,192 24,380 125,572 (488,366)(6,174)(494,540) 38,392 38,392 Total nonoperating revenues (expenses)(387,174)56,598 (330~576) Income (loss) before capital contributions (370,560)102,390 (268,170) Capital contributions 22,131 22,131 Net income (loss)(370,560)124,521 (246,039) Retained earnings (deficit), October 1, 2000 (916,925)892,214 ~24,71 l) ~ Retained earnings (deficit), September 30, 2001 $. (1,287,485.~_.~.) $ 1,016,735 $ (270,750) See notes to the financial statements. 24 I I I I I I I I I I I I I I I I I ! I i I I I I I I I I I- I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Combined Statement of Changes in Net Plan Assets All Pension Trust Funds Year Ended September 30, 2001 Additions Contributions Employer State of Florida Plan members Total contributions Investment income (loss) Interest and dividends Net depreciation in fair value of investments Investment expenses Net investment income (loss) Total additions Deductions Pension benefits Administrative expenses Total deductions Net decrease Fund balance reserved for employees’ pension benefits, October 1, 2000 Fund balance reserved for employees’ pension benefits, September 30, 2001 See notes to financial statements. 25 Pension Trust Funds $ 1,161,314 512,309 660,971 2,334,594 557,500 (2,199,229) (108,561) (1,750,290) 584,304 576,369 144,854 721,223 (136,919) 17,889,775 $ 17,752,856 CITY OF PALM BEACH GARDENS, FLORIDA Statement of Cash Flows Proprietary Fund Types Year Ended September 30, 2001 Enterprise Fund Cash flows from operating activities Cash received from customers $ 1,359,494 Cash received from other funds for quasi-external transactions Cash payments to suppliers for goods and services (1,094,412) Cash payments to employees for services Net cash provided by operating activiues 265,082 Cash flows from noncapital financing ~tctivities Borrowings from other funds Net cash provided by noncapital financing activities 3,350 3~350 Cash flows from capital and related financing activities Principal paid on revenue bonds Interest paid on revenue bonds Issuance costs paid on revenue bonds Revenue bonds proceeds Proceeds from capital lease financing Proceeds from sale of fixed assets Purchases of fixed assets Net cash provided (used) in capital and related financing activities (6,680,000) (480,536) (62,551) 7,275,248 (28,165) 23~996 Cash flows from investing activities Purchase of investments Interest on im’estments Net cash provided (used) by investing activities Net increase (decrease) in cash and cash equivalents (611,313) 101,192 (510,121) (217,693) Cash and cash equivalents at beginning of year 1,339,172 Cash and cash equivalents at end of year Internal Service Reconciliation of operating income to net cash provided by operating activities Operating income Adjustments to reconcile operating income to net cash provided by operating activities Depreciation Amortization (increase) decrease in: Accounts receivable Inventory Other assets Increase (decrease) in: Accounts payable and accrued liabilities $ 1,119,007 (531,108) , .. (266,985). 320,914 251,832 31,982 (462,710) (178,896) 24,380. 24,380 166,398 364,174 Total adjustments $1,121,479 $ 530,572 Net cash provided by operating activities Totals (Memorandum o~v) $1,359,494 1,119,007 (1,625,520) (266,985) 585,996 3,350 3,350 (6,680,000) (480,536) (62,551) 7,275,248 251,832 31,982 (490,875) (154,900) - (611,313) 125,572 (485,741) (51,295) 1,703,346 1,652,051 $ 16,614 $ 45,792 $ 62,406 261,050 13,181 (5,537) (12,509) (1,980) 307,917 341 (33,136).(5,737) 248,468 275,122 $ 265,082 $ 320,914 See notes to the financial statements. 26 568,967 13,181 (5,537) (12,509) (1,980) 341 (38,873) 523,590 $ 585,996 I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I NOTES TO FINANCIAL STATEMENTS CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF ISIGNIFICANT ACCOUNTING POLICIES The City of Palm Beach Gardens, Florida, ("the City")was incorporated in 1959~ pursuant House Bill 2186, and is located in northern Palm Beach County, Florida. The City is governed by an elected City Council ("the Council") which appoints a City Manager. The City provides the following services to its residents: public safety, growth management, sanitation, streets and roads, parks, recreation, and a golf course. The Council is responsible for legislative and fiscal control of the City. The City operates under a Council-Manager form of government. As required by generally accepted accounting principles, these financial statements present the government and its component units. Component units are legally separate entities for which the primary government is considered to be financially accountable and for which the nature and significance of their relationship with the primary government are such that exclusion would cause the City’s combined financial statements to be misleading or incomplete. The primary government is considered financially accountable if it appoints a voting majority of an organization’s governing body and imposes its will on that organization. The primary government may also be financially accountable if an organization is fiscally dependent on the primary government; regardless of the authority of the organization’s governing board. Based on the .application of. the criteria set forth by¯the Governmental Accounting Standards Board, management has determined that no component units exist which would require inclusion in this report. Further, the City is not aware of any entity which would consider the City_to be a component unit. ~ Basis of Presentation The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets and other debits, liabilities, fund equity and other credits, revenues, and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds and account¯ groups .are reported by generic classification within the financial statements as follows: 27 I I I I I I I I I I I I I I I I I I I ! ! ! ! ! ! ! ! I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Governmental Fund Types General Fund - used to account for all financial resources applicable to the general operations of the City government except those required to be accounted for in another fund. Revenue is derived primarily fxom property taxes, state and federal distributions, grants, and other intergovemmental revenue. Special Revenue Funds - used to account for specific governmental revenue (other than expendable trusts or major capital projects) requiring separate accounting because of legal or regulatory provisions or administrative action. The City has established the following Special Revenue Funds: Police Training Fund Recreation Special Revenue Fund Extra Duty Pay Fund Local Option Gas Tax Fund Police Grant Fund Capital Projects Funds - used to account for the acquisition or construction of major capital facilities other than those financed by proprietary fund operations. The City has established the following Capital Projects Funds: Recreation Impact Fund Police Impact Fund Fire Impact Fund Arts and Culture Impact Fund Road Impact Fee Fund PGA Flyover Fund Bums Road Improvement Fund 1999 Capital Projects Fund 2000 Capital Projects Fund 2001 Capital Projects Fund 28 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Proprieta~_ Fund Type Enterprise Fund- used to account for operations that provide services on a user charge basis to the public and for activities where the periodic measurement of net income is deemed appropriate for capital maintenance, public policy, management control, accountability, or other purposes. Proprietary fund activities and basis of accounting are similar to those often found in the private sector. The City has one Enterprise Fund: the Public Golf Course Fund. Internal Service Fund - Internal service funds account for operations that provide services to other departments on a cost reimbursement basis. The City has one Internal Service Fund: the Fleet Management Fund that accounts for the City’s vehicle maintenance division. Fiducia~_ Fund Type Pension Trust Ftmds - used to account-for assets held by the City in a trustee capacity or as an agent for individuals, private organizations, other governments, and/or other funds~ The pension trust funds are accounted for in essentially the same manner as proprietary funds using the same measurement focus and accounting basis. The City has three Pension Trust Funds as follows: -General Employees’ Pension -Police Pension -Fire Pension Account Groups Account groups are not funds since they do not reflect available financial resources and related liabilities. Instead, they are used to establish accounting control and accountability for the City’s general fixed assets and general long-term debt. The following is a description of the account groups of the City. General Fixed AssEts - used to maintain control and cost information for all fixed assets other than those accounted for in the proprietary funds. General Long-Term Debt Account Group - used to record outstanding long-term debt other than debt recorded in the proprietary funds. 29 I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Totals (Memorandum Only) Amounts in the "Totals (Memorandum Only)" columns in the combined financial statements represent a summation of the combined financial statement line items of the fund types and account groups and are presented only to facilitate financial analysis. Data in these colurnns do not present financial position, results of operations, or changes in cash flows in conformity with generally accepted accounting principles. Also, such data are not comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. Basis qf Accounting and Measurement Focus Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and relates to the timing of the measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using tlT.e modified accrual basis of accounting. Their revenues are recognized in the period in which they become susceptible to accrual, i.e., when they become measurable and available to pay liabilities of the current period. Property taxes, franchise taxes, licenses and interest are susceptible to accrual within 60 days subsequent to year-end. Sales taxes collected are held by the state each year on behalf of the government and are also recognized as revenue. Other receipts and taxes become measurable and available when cash is received by the government and are recognized as revenue at that time. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include principal and interest on general long-term debt which is recognized when due. 30 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of Accounting and Measurement Focus (Continued) Basis of Accounting (Continued) The proprietary and pension trust funds are accounted for using the accrual basis of accounting. Their revenues are recognized when earned, and their expenses are recognized when they are incurred. Membership fees of the proprietary fund that are collected in advance of the period to which they apply are recorded as deferred revenue. Measurement Focus All governmental funds are accounted for on the flow of current financial resources measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measure "available spendable resources." Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) net current assets. Accordingly, they are said to present a summary of sources anduses of "available spendable resources" during a period. The proprietary and the pension trust funds are accounted for on the flow of economic resources measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity, are included on their balance sheets. The enterprise fund and the pension trust funds’ operating statements present increases (revenues) ’ and decreases (expenses) in net total assets. The City has elected not to apply FASB Statements and Interpretations issued after November30, 1989, as permitted by Statement No. 20 of the Governmental Accounting Standards Board, Accounting and Financial Reporting for Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting. Budgetary, Accounting State of Florida statutes require that all municipal governments establish budgetary systems and approve annual operating budgets. The City adopts a formal budget annually for the following funds: General Fund,. Gas Tax Fund, Recreational Programs Fund, Police Grant Fund, Golf Course Fund and Fleet Management Fund. In years where expenditures are planned, the budget will include appropriations for the various Impact Fee and Capital Projects funds of the City. The procedures established for budgetary data are as follows: 31 I I I -I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Budgetary Accounting (Continued) Prior to the first Council meeting in August of each year, the City Manager submits a proposed operating budget to the Council for the next fiscal year commencing the following October 12 The proposed budget includes expenditures and the means of financing them. ¯The Council holds public meetings to obtain taxpayer comments. Upon completion of the public hearings, a final operating budget is legally enacted through the passage of an ordinance before September 30. Estimated fund balances are considered in the budgetary process. The budgets for the governmental fund types are adopted on an accounting basis that differs from generally accepted accounting principles (GAAP), because they include open encumbrances expenditures (see Note 2). In 2001, the City legally adopted operating budgets for the .General. Fund, Recreation Special Revenue Fund, Local Option .Gas Tax Fund, Police Grant Fund, Recreation Impact Fund, Police Impact Fund, Fire Impact Fund, the 2000 Capital Projects Fund, the Art Impact Fund, the Golf Course Fund and the Internal Service Fund substantially on a basis consistent with generally accepted accounting principles, except as discussed above and that depreciation and amortization are not budgeted. The City has complied with the Florida requirement of adopting balanced budgets. The General Fund, Special Revenue Funds, Capital Project Funds, Enterprise and Internal Service Funds budgets reflected in the accompanying financial statements are not balanced because they do not include amounts budgeted from the beginning fund balance or retained earnings. City ordinance establishes the legal level of budgetary control ’at the fund level. Any increase in the total amount appropriated for all funds must be approved by ordinance of the Council. Any transfer between funds must be approved by the City Manager and by ordinance of the City Council. Transfers from the Council contingency account must be approved by the City Council. Any other budget transfer within the same fund must be approved by the City Manager. Unencumbered appropriations lapse at fiscal year end. Encumbrances outstanding at year-end are reported as a reservation of fund balance and do not constitute expenditures or liabilities. Encumbered appropriations will be carried forward and honored in the subsequent year. 32 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Cash and Cash Equivalents All short-term investments that are highly liquid are considered to be cash equivalents. Cash equivalents are readily convertible to a known amount of cash, and, at the day of purchase, will mature within three months. Investments All investments are stated at fair value. Inventor_ Inventory is stated at coston the first-in, first-out basis and is accounted for using the consumption method whereby inventories are recorded as expenditures in the period when used. Prepayments Payments made to vendors for services that will benefit periods beyond September 30, 2001 are recorded as prepaid items. A portion of the relevant funds’ balances equal to the prepaid items has been reserved to indicate that it is not available for appropriation. Fixed Assets Land, buildings and equipment acquired or constructed for general governmental purposes are recorded as expenditures, (i.e., capital outlay) in the fund making the expenditure and capitalized at cost in the general fixed asset account group. In the event that actual cost cannot be determined, estimated cost at the time of acquisition is used. Donated assets are recorded at their fair market value at the time received. Public domain ("infrastructure") consisting of streets, sidewalks, drainage systems, curbs, and lighting systems are not capitalized by the City or included in the general fixed asset account group in the general purpose financial statements. No depreciation is taken on the general fixed assets. Fixed assets of the proprietary funds are stated at cost or, if donated, fair market value at the date of donation. The City capitalized net interest costs incurred during the construction period on funds borrowed to finance the construction of fixed assets. Expenditures that materially extend the useful life of existing properties have been capitalized. All costs relating to the construction of thcilities were capitalized including salaries, employee benefits, bond costs, and interest costs. 33 I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Fixed Assets (Continued) Depreciation is computed using the straight-line method over the assets’ estimated useful lives. Estimated useful lives assigned to various categories of assets are as follows: Buildings 30 years Improvements 20 years Furniture and equipment 4-20 years. Vehicles 3- 7 years Compensated Absences It is the City’s policy to permit employees to accumulate a limited amount of earned but unused personal and vacation and sick leave, which will be paid upon separation of service. Personal and vacation leave is accrued as a liability when the employees earn the benefits. This is when the employees have rendered services that gave rise to the personal and vacation liability and it is probable that the City will compensate the employees in some manner, e.g., in cash or in paid time-off, now or upon termination or retirement. The City uses the vesting method to accrue sick ¯ leave liability. The vesting method accrues a sick leave liability for employees who are eligible to receive termination payments upon separation as well as those expected to become eligible in the future. In the governmental funds, compensated absences that are expected to be liquidated with expendable available resources, are reported as expenditures and fund liabilities in the funds that will pay for them. The remainder of the compensated absence liability is reported in the General Long-Term Debt Account Group. Amortization Bond discount and issue costs are being amortized using the interest method over the life of the bond issue. 34 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Fund Balance Reserves and Designations Reserves are used to indicate that a portion of the fund balance is not appropriable for expenditure or is legally segregated for a specific future use. Usage of reserves has been limited to the following: Reserved for encumbrances - Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration in the general fund. Open encumbrances at year-end are reported as reservations of fund balance. Encumbrances do not constitute expenditures or liabilities. Reserved for inventory_ and prepayments Indicates that a portion of fund balance is segregated since these items do not represent "available spendable resources." Reserved for law enforcement - Restricted for expenditures related solely to law enforcement. Reserved for employees’ pension benefits - Restricted for the payment of employee retirement benefits. Reserved for capital improvements - Restricted for the purpose for which the impact fee was levied. Impact fees levied for recreation, police and fire protection services shall be used only for land acquisition or capital improvement costs related to those departments. The 1999 and 2000 general obligation bonds have been and shall continue to be used for construction of the new municipal complex. Designations of portions of the fund balances in governmental funds are established to " indicate management’s tentative plans for financial resources in a future period. 35 I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I, I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) lnterfund Transactions During the course of normal operations, the City has numerous transactions between funds, including expenditures and transfers of resources to provide services, to construct assets, and to meet debt service requirements. To the extent that certain transactions between funds have not been paid or received at year-end, balances of interfund amounts receivable or payable have been recorded. All other interfund transactions consist of transfers fi:om the fund budgeted to receive revenue to the fund through which the resources are budgeted to be expended. These transfers are recorded as operating transfers in or out, as appropriate. Proper~. Taxes Under Florida law, the assessment of all properties and the collection of all county, municipal, and school board property taxes are consolidated in the offices of the County Property Appraiser and County Tax Collector, respectively. All property is reassessed according to its fair market value on January 1 of each year and each assessment roll is submitted to the State Department of Revenue for review to determine if the assessment roll meets all of the appropriate requirements of State law. The assessed value of property, within the corporate limits of the City at January 1, 2000, upon which the 2000-2001 levy was based, was approximately $3.5 billion, state statutes permit municipalities to levy property taxes at a rate of up to 10 mills. The tax levy of the City is established by the Council prior to October 1 of each year during the budget process. The Palm Beach County Property Appraiser incorporates the City’s millage into the total tax levy, which includes the County, County School Board and special districts tax requirements. The millage rate assessed by the City for the year ended September 30, 2001 was 5.175 ($5.175 for each $1,000 of assessed valuation). Taxes may be paid less a 4% discount in November or at declining discounts each month through the month of February. All unpaid taxes become delinquent on April 1 following the year in which they are assessed. Delinquent taxes on real property bear interest at 18% per year. On or prior to June 1 following the tax year, certificates are offered for sale for all delinquent taxes on real property. 36 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Proper~_ Taxes (Continued) After sale, tax certificates bear interest at 18% per year or at any lower rate bid by the buyer. The certificate holder may make application for a tax deed on any unredeemed tax certificate after a period of two years. The County holds unsold certificates. Delinquent taxes on personal property bear interest at 18% per year until the tax is satisfied either by seizure and sale of the property or by the five-year statute of limitations. At September 30, 2001, unpaid delinquent taxes were not material and have not been recorded by the City. Pension Plans The City sponsors and administers five pension plans covering substantially all full-time employees. Three of the pension plans are defined benefit plans and two are defined contribution plans. Annual costs of the defined benefit pension plans are actuarially computed and the City ftmds annual pension costs as incurred. The contributions for the defined contribution pension plans are calculated internally by the City and paid as incurred. NOTE 2 - BUDGETARY DATA The Combined Statement of Revenue, Expenditures and Changes in Fund Balances - All Governmental Fund Types on page 19 is presented in accordance with generally accepted accounting principles (GAAP). The Combined Statement of Revenue and Expenditures - Budget and Actual on page 21 is presented on a budgetary basis. Data presented in these two statements differ because encumbrances ’(i.e., contracts, unfilled purchase orders, and other commitments for future expenditures) are recorded as expenditures for budgetary purposes but are i-eeorded as reservation of fund balance for GAAP purposes. Adjustments necessary to compare the excess of revenue and other sources over (under) expenditures and other uses of the general and special revenue funds at year-end are as follows: 37 I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 2 - BUDGETARY DATA (Continued) Special Capital General Revenue Projects Fund Funds Funds Excess (deficiency) of revenue and other financing sources over (under) expenditures and other financing uses (GAAP basis) Timing differences: To adjust for encumbrances $76,270 $ 272,256 $11,148,079 (1,048,655)(20,622)(332,442) Entity differenees: To a~ustfor nonbudgetedfunds (2,065) (11,474,630) Excess (deficiency) of revenue and other financing sources over (under) expenditures and other financing uses (budgetary basis)$(972,385) $ 249,569 .$ (658,993) I I I I I I NOTE 3 - DEPOSITS AND INVESTMENTS Deposits As of September 30, 2001, the carrying amount of the City’s deposits was $1,276,320 and the bank balance was $1,793,216. The City also had cash on hand of $2,240 resulting in a total cash carrying amount of $1,278,560. The entire amount was covered by federal and other depository insurance or the collateral pool described below. Consequently, all deposits are Category 1 in terms of custodial risk. Chapter 280, Florida Statutes, generally requires public funds to be deposited in a bank or savings association designated by the State Treasurer as authorized to receive deposits in the State and meeting the collateral requirements. Collateral in the amount of the greater of the average daily balance of public deposits multiplied by the depository’s minimum collateral pledging level, established by the State Treasurer, or 25 percent of the average monthly balance of public deposits or 125 percent of the average daily balance of public deposits greater than capital, is required to be deposited with the State Treasurer as security for public deposits. 38 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 3 - DEPOSITS AND, INVESTMENTS (Continued) Deposits (Continued) Collateral may be held by another custodian with approval of the Treasurer if conditions are met which protect the City’s and State’s interests. The amount of collateral may be increased to 125 percent of the average daily balance of public deposits if specific conditions exist.- Eligible collateral includes federal, federally-guaranteed, state and local government obligations and corporate bonds. State Statutes provide that if a loss to public depositors is not covered by deposit insurance and the proceeds from the sale of securities pledged by the defaulting depository do not cover the loss, the difference will be provided by an assessment levied against other qualified public depositories of the same type as the depository in default. Investments The investment of surplus public funds is governed by an ordinance of the City Council. ¯ The ordinance limits investments ~to the tbllowing securities: negotiable direct obligations of the United States Government; obligations of the federal farm credit banks and the Federal Home Loan Mortgage Corporation; obligations of the Federal National Mortgage Association; interest beating time deposits or savings investments in banks organized under the laws of the state; securities of, and other interests in, any open-end or closed-end management type investment company or investment trust; 6. the Local Government Surplus Funds Trust Fund; 7. the Florida Counties Investment Trust; 39 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 3 - DEPOSITS AND INVESTMENTS (Continued) Investments (Continued) short-term obligations of corporations organized in the United States with assets exceeding $500,000,000 if the obligations are rated at the time of purchase at one of the three highest classifications established by at least two standard rating services and which mature not later than 180 days from the date of purchase and such purchases do not exceed ten percent of the corporation’s outstanding obligations; floating rate securities within categories one through three provided the rate is tied to the interest rate paid on United States Treasury securities or an index thereof. Investments of the pension trust funds can consist of every kind of property, real, personal, or mixed, and every kind of investment, specifically including bonds, debentures and other corporate obligations, and stocks, preferred or common. The City’s investments are categorized to give an indication of the level of risk assumed by the entity at year-end. Category 1 includes investments that are insured or registered or for which the securities are held by the City or its agent in the City’s name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counter-party’s trust department or agent in the City’s name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counter-party, or by its trust department or agent but not in the entity’s name. 40 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 3 - DEPOSITS AND~INVESTMENTS (Continued) Investments (Continued) Category Carrying Value Fair Value U.S. government and Government backed Securities Common stock Corporate bonds $ 300,000 $5,207,011 8,573,432 3,116,281 5,507,011 8,573,432 3,116,281 5,507,011 8,573,432 3,116,281 Investment in State Treasurer ’ s Investment pool Guaranteed investment Contracts Retirement plan Money market funds $ 300,000 $16,896,724 17,196,724 17,128,390 1,622,574 504,546 17,196,724 17,128,390 1,622,574 504,546 $ 36,452,234 $ 36,452,234 Investments in the state investment pool, a 2a-7-1ike pool, are carried at amortized cost, which approximates market. A 2a-7-1ike pool is not registered with the SEC as an investment company, but nevertheless has a policy that it will, and does, operate in a manner consistent with the SEC’s rule 2a-7 of the Investment Company Act of 1940, which comprises the rules governing money market funds. Thus, this pool operates essentially as a money market fund. The fair value of the City’s position in the external investment pool is the same as the value of the shares. Investments in certificates of deposits are carried at amortized cost that approximates market, because these investments are considered to be nonparticipating interest earning investment contracts that are not affected by changes in interest rates. The state investment pool, administered by the State Board of Administration of Florida, contained certain floating rate notes during the 2001 fiscal year which were indexed based on the prime rate and/or one and three month LIBOR rates. These investments, representing approximately 1.0% of the state investment pool portfolio at September 30, 2001, were purchased to add relative value to the portfolio. 41 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 3 - DEPOSITS AND INVESTMENTS (Continued) Investments (Cominued) The following is a reconciliation of cash and cash equivalents and investments per the balance sheet and deposits and investments for risk categorization purposes. Cash and cash equivalents Investments Restricted assets Cash and cash equivalents Investments Balance sheet total Adjustments: Petty cash Commercial paper State Treasurer investment pool Risk categorization totals Cash and Cash Equivalents/ Deposits $17,170,859 1,236,091 18,406,950 (2,240) (17,128,390) $ 1,276,320 Investments $ 17,701,270 1,622,574 19,323,844 17,128,390 $ 36,452,234 42 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 4 - DUE FROM OTHER FUNDS The following is a summary of amounts due from and to other funds: Due From Due To General Fund Enterprise Fund Golf course $ 762,134 $ 762,134 $762,134 ...$ 762,134 NOTE 5 -RESTRICTED ASSETS General Fund Certain assets of the general fund are classified as restricted cash because their use is limited to payment to eligible claimants of possible building moratoriums settlement and settlement of a civil rights lawsuit. Capital Proiects Funds Certain proceeds of the City’s 2001 Series New Money Bonds are classified as restricted investments on the balance sheet because their use is limited by applicable bond covenants. $1,011,261 of the bond proceeds was deposited into a reserve fund. This reserve fund will earn 4.25% over the life of the bonds. The interest earnings will be used to reduce future debt service requirements. The entire amount of this reserve account is reflected as restricted investments on the balance sheet. In addition, the City was also required to deposit $1,005,000 into a capitalized interest reserve account. The principal and future interest earnings of 4.375% will be used to reduce interest debt service requirements for the first two years the bonds are outstanding. The original principal amount plus interest earnings amounted to $1,017,641 and are reflected as restricted cash and cash equivalents on the balance sheet. 43 I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 5 - RESTRICTED ASSETS (Continued) Enterprise Fund Certain proceeds of the City’s 2001 Series refunding revenue bonds, as well as certain resources set aside for their repayment, are classified as restricted assets on the balance sheet because their use is limited by applicable bond covenants. The debt service requirement account immediately received $611,313 of the bond proceeds per bond covenants. This debt service requirement account will earn 4.25%. The earnings will reduce future debt service requirements. The entire amount of this account is shown on the enterprise fund balance sheet as a restricted investment. NOTE 6 - LAND~ BUILDINGS AND EQUIPMENT General Fixed Assets The following is a summary of changes in the general fixed assets account group during the fiscal year. Balance Balance October 1,September 30, 2000 Additions Deletions 2001 Land $ 10,554,659 $$$ 10,554,659 Buildings 17,279,497 61,737 ~17,341,234 Machinery and Equipment 12,091,254 877,664 562,636 12,406,282 Construction in progress 50,755 494,331 50,755 494,331 $ 39,976,165 $ 1,433,732 $ 613,391 $ 40,796,506 44 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 6 - LAND~ BUILDINGS AND EQUIPMENT (Continued) Proprietary Fund Fixed Assets Golf Course Fixed Assets A summary of the golf course fund land, buildings, and equipment at September 30, 2001, is as follows: Land and improvements $ 6,644,792 Buildings 498,601 Equipment 422,427 7,565,820 Less accumulated depreciation (2,602,445) $ 4,963,375 Internal Service Fund Fixed Assets A summary of the Fleet Management Fund equipment and vehicles at September 30, 2001, is as follows: ~ Equipment and vehicles Less accumulated depreciation - $ 1,772,395 (749,679) $ 1,022,716 NOTE 7 - LONG-TERM DEBT Environmental Remediation Cost The City has determined that, as a potentially responsible party, it has incurred a liability for environmental remediation costs resulting from an uncertain quantity of perchlordethylene found underneath a parking lot on the Klock Property adjacent to the Municipal Complex. Accordingly, a liability for $300,000 was accrued in fiscal year ending September 30, i998, in the General Long-Term Debt Account Group. A final determination has not been made concerning the City’s ultimate obligation in this matter, and it is not possible to estimate whether an additional liability will need to be recorded in the future. 45 I I I I I I i I I I I I I I I I I I I I I I I ! I I I I i I I ! I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Notes Payable Fideli~_ Federal Note On September 16, 1999, the city approved Resolution 112, 1999, authorizing the issuance of a note of the City in the principal amount of $1,149,933 to reimburse the City for the cost of constructing the new tennis center. The City has pledged to budget and appropriate this obligation payable fi:om non-ad valorem revenues. The note bears interest of 4.7%. Interest and principal are due annually for seven years. As of September 30, 2001, the outstanding principal balance due is $858,403. Annual debt service requirements to maturity are as follows: Year Ending September 30 Principal Interest Total 2002 $ 156,271 $ 40,339 $ 196,610 2003 163,616 32,994 196,610 2004 171,237 25,373 196,610 2005 179,354 17,256 196,610 2006 187,925 8,826 196,751 Thereafter $ 858,403 $ 124,788 $ 983,191 Wachovia Loan On April 18, 2000, the City approved through the passage of a Resolution the issuance of a note of the City in the principal amount of $3,000,000. The note bears interest of 5.53%. The first two years of semi-annual payments are to be for interest only. After two years the principle is payable in 20 semi-annual payments over 10 years beginning on November 1, 2003. As of September 30, 2001, the outstanding principal balance is $3,000,000. 46 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Notes Payable - (Continued) Wachovia Loan - (Continued) The proceeds of the loan were to be used for the purchase of a fire truck, the purchase of 33 acres of land, and for the construction of fire station number 3. The City has spent all of the money in accordance to the loan terms except the construction of fire station number 3 has not been completed. The City currently has an open contract for the construction of the fire station for $1,622,000 that is reflected in the general fund as a reservation of fund balance for encumbrances. Annual debt service requirements to maturity are as follows: Year Ending September 30 Principal Interest Total 2002 2003 2004 2005 2006 Therea~er $$ 165,900 $ 165,900 165,900 165,900 231,498 163,219 394,717 244,914 149,803 394,717 258,645 .136,072 394,717 2,264,943 498,071 2,763,014 $ 3,000,000 $1,278,965 $ 4,278,965 Bonds Payable General Obligation Bonds The City’s voters authorized by special referendum on September 3, 1996, the issuance of bonds, not to exceed $19.1 million, for payment of the cost of demolition of the existing City Hall and Police Station; acquisition, construction and furnishing of the new City Hall, new Police Station, and an addition to the central Fire Station; and improvements to certain recreational facilities. The bonds are general obligations of the City, payable from ad valorem taxes to be levied upon all taxable property in the City, in addition to all other taxes, without limitation as to rate or amount. The bonds were issued in series. 47 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Bonds Payable - (Continued) General Obligation Bonds - (Continued) Series 1996 The first series of bonds, in the amount of $4,400,000, are dated December 1, 1996. Interest on the bonds will accrue from their date, payable on June 1, 1997, and on each succeeding December 1 and June 1. Interest accrues at a rate of 4.95%. Principal payments will be due December 1 each year beginning on December 1, 1997, through December 1, 2016. Debt service payments will be made from the general fund. Series 1997 The second series of bonds, in the amount of $4,900,000, are dated July 1, 1997. Interest on the bonds ran.ges from 3.70% to 5.10% and is payable semi-annually on July I and January 1, commencing January 1, 1998. Principal payments will be due July 1 each year beginning July 1, 1998, through July 1, 2017. Debt service payments will be made from the general fund. Series 1998 The third series of bonds, in the amount of $4,400,000, are dated July 1, 1998. Interest on the bonds is 4.50% and is payable semi-annually on January 1 and July 1, commencing on January 1, 1999. Principal payments will be due July 1 each year beginning July 1, 1999 through July 1, 2018. Debt service payments will be made from the general fund. 48 $ 3,800,000 4,245,000 3,950,000 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Bonds Payable - (Continued) General Obligation Bonds (Continued) Series 1999 The fourth series of bonds in the amount of $3,700,000 are dated July 1, 1999. Interest .on the bonds is 4.85% and is payable semi-annually on January 1 and July 1 commencing on January 1, 2000. Principal payments will be due July 1 each year beginning July 1, 2000 through July 1, 2019. Debt service payments will be made from the general fund. Series 2000 The fifth series of bonds in the amount of $1,200,000 are dated July 28,2000.. Interest on the bonds is 5.23% and is payable semi-annually on January-1 and July 1 commencing on January 1, 2001. Principal payments will be due July 1 each year beginning July 1, 2001 through July 1, 2015. Debt service payments will be made from the general fund. : Total general obligation bonds Annual debt service payments for the general obligation bonds are as follows: Year Ending September 30 Series 1996 Series 1997 Series 1998 Series 1999 2002 $ 349,016 2003 345,725 2004 347,062 2005 343,029 2006 343,624 Thereafter 3,767,167 $ 3,455,000 1,141~247 $ 16,591,247 Series 2000 Total $ 382,840 $ 337,750 $ 297,568 $ 115,987 $ 1,483,161 385,280 335,550 296,263 115,987 1,478,805 387,110 338,125 294,715 115,987 1,482,999 388,410 335,250 292,925 I15,987 1,475,601 389,170 337,150 290,893 115,987 1,476,824 4,298,795 4,059,425 3,779,807 1,043,879 16,949,073 5,495,623 6,231,605 5,743,250 5,252,171 1,623,814 24,346,463 Less interest 1,695,623 1,986,605 1,793,250 1,797~171 482,567 7,755,216 Total general obligation bonds $3,800,000 $4,245,000 $3,950,000 $ 3,455,000 $1,141,247 $ 16,591,247 49 I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Bonds Payable - (Continued) 2001 Series New Revenue Bonds On May 11, 2001, the City issued the 2001 series new revenue bonds to raise capital for the PGA Flyover beautification and for Bums Road improvements. The restricted reserves required by the bond covenants are described in Note 5. The principal amount of the bond issue was $11,985,000 which is the amount outstanding as of September 30, 2001. The interest rate varies from the issue date until May 1, 2021 and ranges from 4.0% to 5.50%. Principal and interest payments are payable semi-annually on May 1 and November 1. The debt service payments will be made from the General Fund and from earnings on the restricted investment reserve accounts maintained in the PGA Flyover and Bums Road Improvements capital projects funds. The General Fund will receive assessments on commercial property to help pay for the PGA Flyover debt service and will receive road impact fees to help pay for the debt service on the Bums Road improvements. In addition, the capitalized interest reserve account will be used to pay the first two years of debt service requirements.. See note 5 for a more detailed description of the restricted reserve funds. Annual debt service requirements to maturity are as follows: Year Ending September 30 Principal Interest Total 2002 $$ 567,047 $ 567,047 2003 589,991 589,991 2004 445,000 589,991 1,034,991 2005 465,000 572,191’1,037,191 2006 480,000 553,592 1,033,592 Therea~er 10,595,000 4,892,007 15,487,007 $11,985,000 $ 7,764,819 $19,749,819 50 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Changes in Long-Term Liabilities During the year ended September 30, 2001, the following changes occurred in liabilities reported in the general long-term debt account group: Balance Balance October 1,September 30, 2000 Additions Deletions 2001 New revenue bonds payable Series 2001 Notes payable Compensated absences Environmental remediation cost General obligation bonds payable $ $11,985,000 $$.11,985,000 149,115 3,858,403 270,574 1,390,502 4,007,518 1,119,928~ 300,000 17,260,000 300,000 668,753 16,591,247 $ 817,868 $ 34,125,152$22,687,446 $12,255,574 Golf Course Revenue Bonds The City issued $8,115,000 City of Palm Beach Gardens, Florida, Special Obligation Revenue Bonds, Series 1990 on June 1, 1990. The bonds were payable solely from and secured by a pledge of and lien upon the gross revenues from the operation of the golf course and sales tax revenue. These bonds were issued for the acquisition and construction of the municipal golf course, as well as costs associated with the issuance of the bonds. The City retired the revenue bonds with the issuance of the 2001 Series Refunding Bonds. Golf Course Series 2001 Refunding Bonds. On May 11, 2001 the City issued the 2001 Series Refunding Bonds to retire the 1990 Special Obligation Revenue Bonds in an advance refunding transaction. The City retired the 1990 Series Bonds with the new debt issuance to obtain a lower financing rate and to save taxpayer funds. The 2001 Series Refunding Bonds require an aggregate of $14,667 less in debt service payments than the refunded 1990 series bonds. However, due to the lower interest rate and spreading the payments out over another six years the City incurred an economic gain on the refunding of $825,715. 51 I I I I I I I I I I I I ! I I i I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Golf Course Series 2001 Refunding Bonds - (Continued) The original amount of the bonds issued was $7,245,000 which is the amount outstanding as of September 30, 2001. The debt service installments are payable on May 1 and November 1 each year through May 1, 2021. The coupon rate varies over this time period from 4.0% to 5.50%. The debt service requirements will be paid from the Golf Course Fund. Provisions of 2001 Series Refunding Bond Resolutions The City covenants to fix, establish and maintain rates, fees and other charges so that the revenue collected and other available funds in each fiscal year will not be less than the amount expected to be required for the operating expenses (excluding depreciation and amortization), 110% of the bond service requirements, and the reserve requirements. Limitations on the amounts accumulated in the reserve funds are as follows: Debt Service Requirement - aggregate amount required to pay the principal and interest becoming due on the bonds. The City initially deposited $611,313 in this account. This account balance will be maintained until the bonds are retired. The account will earn 4.25% and these interest earnings will be used to reduce debt service requirements. At September 30, 2001, the City was in compliance with such bond covenants. Annual debt service requirements to maturity are as follows: Year Ending September 30 Principal Interest Total 2002 $ 230,000 $ 338,643 $ 568,643 2003 240,000 343,145 583,145 2004 250,000 333,545 583,545 2005 260,000 323,545 583,545 2006 270,000 313,145 583,145 Therea~er 5,995,000 2,783,692 8,778,692 $ 7,245,000 $ 4,435,715 $11,680,715 52 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 7 - LONG-TERM DEBT (Continued) Internal Service Fund - Kislak Capital Lease Contract On April 26, 2002 the City entered into a capital lease agreement with Kislak National Bank. The capital lease was used to finance the acquisition of 10 vehicles to be used in the Internal Service Fund vehicle fleet. The acquisition price of the vehicles was $251,832. The net book value of the equipment as of September 30, 2001 was $238,038. The imputed financing cost of the lease was 5.7%. Combined principal and interest payments of $93,690 are due on April 26 for the next three years until April 26, 2004. Annual debt service requirements to maturity are as follows: Year Ending September 30 Principal Interest Total 2O02 2003 2004 $ 79,336 $ 14,354 $ 93,690 83,858 9,832 93,690 88,638 5,052 93,690 $ 251,832 $ 29,238 $ 281,070 53 I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 I I I I I I I I I NOTE 7 - LONG-TERM DEBT (Continued) Total Long-Term Debt The annual requirements to amortize all outstanding debt including interest payments of $21,388,741 as of September 30, 2001, are as follows: Fiscal General Year Ending Long-Term Proprietary September 30 Debt Fund Types Total 2002 $ 2,412,718 $ 662,333 $ 3,075,051 2003 2,431,306 676,835 3,108,141 2004 3,109,317 677,235 3,786,552 2005 3,104,119 583,545 3,687,664 2006 3,101,884 583,145 3,685,029 Thereafter 35,199,094 8,778,692 43,977,786 Compensated absences 1,390,502 13,925 1,404,427 Environmental remediation 300,000 300,000 $51,048,940 $11,975,710 $63,024,650 Annual maturities of long-term compensated absences and environmental remediation cannot be reasonably determined. I I I NOTE 8 - COMPENSATED ANNUAL LEAVE AND SICK PAY As of September 30, 2001, the total liability for compensated absences was $1,404,427. The non-current portion of compensated absence liability of the General Fund is recorded in the General Long-Term Debt Account Group. For the fiscal year ended September 30, 2001, the long-term amount was $1,390,502. The liabilities recorded by the Internal Service Fund were $13,925. 54 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 9 - OPERATING LEASE The City leased 80 club car golf carts under an operating lease expiring on April 29, 2003, with monthly lease payments of $3,720. Minimum future rental payments under non-cancellable operating leases having remaining terms in excess of one year as of September 30, 2001, are: 2002 $ 44,640 2003 26,040 Total future minimum rent payments $ 70,680 NOTE 10 - DEFINED .BENEFIT PENSION PLANS The City maintains the following three separate single employer defined benefit plans: City of Palm Beach Gardens Police Officers’ Pension Fund (the "Police Pension") covering police officers, City of Palm Beach Gardens Retirement Plan for Firefighters (the "Fire Pension") covering firefighters, and City of Palm Beach Gardens Retirement Plan for General Employees (the "General Employees’ Pension") covering substantially all other full-time City employees. ¯ The defined benefit plan for general employees was closed to new employees hired after May 1, 1995. All three plans are reported as pension trust funds and included as part of the City’s reporting entity. At the election of the Police PenSion Board, separate audited financial statements are produced for the Police Pension Plan. The other pension plans do not issue separate statements. The stand-alone statements for the Police Pension Plan can be obtained from the Police Pension Board. Each pension has its own board that acts as plan administrator and trustee. Each plan’s assets may only be used for the payment of benefits to the members and beneficiaries of the plan in accordance with the terms of each plan document. The costs of administering each plan are financed in the appropriate pension trust fund. 55 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 10 - DEFINED BENEFIT PENSION PLANS (Continued) The Florida Constitution requires local governments to make the actuarially determined contribution. The Florida Division of Retirement reviews and approves each local government’s actuarial report prior to its being appropriate for use for funding purposes. Additionally, the State collects two locally authorized insurance premium surcharges (one for the Police Pension Plan on casualty insurance policies and one for the Fire Pension Plan on certain real and personal property insurance policies within the corporate limits) which can only be distributed after the State has ascertained that the local government has met their actuarial ftmding requirement for the then most recently completed fiscal year. Investments are reported at fair value and are managed by third party money managers. The City’s independent custodians and individual money managers price each instrument using various third party pricing sources. The following schedule is derived from the respective actuarial reports and City information for the three pension plans as of October 1, 2000, the date of the City’s latest actuarial valuation. General Employees’Police Fire Accounting Policies and Plan Assets: Authority Basis of Accounting Asset Valuation Reporting Actuarial Valuation Lega! Reserves Long-Term Receivable Internal/Participant Loans City Ordinance City Ordinance/City Ordinance/ State Statute State Statute Accrual Accrual Accrual Fair Value Fair Value Fair Value Fair Value 5-year smoothed Fair Value fair value None None None None None None None $58,073 None 56 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 10 - DEFINED BENEFIT PENSION PLANS (Continued) General Employees’Police Membership and Plan Provisions: Members: Active Participants Retirees and Beneficiaries Terminated Vested 11 91 82 11 11 3 1 2 2 Normal Retirement Benefits: Age Years of Service (minimum) Accrual Maximum Years to Vest 65 None 2.5% None 10 Fire Contributions: Actuarial Rate: ¯ . City State Participants 3.8% N/A 6.0% 52 52 10 10 2.65%2.75% 75%75% 10 10 13.9%11.0% 5.0%(1) 6.0%6.0% (1) During fiscal year 1999 the plan was amended such that amounts received from the state are used to provide additional benefits to plan participants and are no longer applied to the required contribution. 57 I I I I I I I I I I I I ! I i I i I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 10 - DEFINED BENEFIT PENSION PLANS (Continued) The City’s 2001 annual pension cost and actual contributions for each plan are shown below. The required contributions were determined as part of the October 1, 2000, actuarial valuation for each plan. Annual City State Pension Actual Actual Cost Contribution Contribution General Employees Pension Police Pension Fire Pension $ 18,186 $ 18,186 N/A 945,392 719,500 225,892 $ 423,628 $ 423,628 N/A The components of annual pension cost and net pension obligation for the Police Pension Trust Fund were not available at the date of this report. Three Year Trend Information Annual Percentage Net Pension of APC Pension Cost (APC)Contributed Obligation General Employees’ Pension 1999 2000 2001 42,816 100.00%-0- 47,567 100.00%-0- 18,186 ¯100.00%-0- Police Pension 1998 1999 2000 596,327 100.00%(106,111) 764,401 100.00%(102,669) 858,242 100.00%(98,217) Fire Pension 1999 2000 2001 155,573 100.00%-0- 227,154 100.00%-0- 423,628 100.00%-0- 58 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 10 - DEFINED BENEFIT PENSION PLANS (Continued) Valuation date Actuarial Cost Method Amortized Method Remaining Amortization Period Asset Valuation Method Actuarial Assumption: Investment rate of return* Projected salary increase* *Includes inflation at Cost of living adjustments General Police Employees’Officers’Firefighters’ Retirement Retirement Retirement System System System 10/1/00 10/1/00 10/1/00 Aggregate Frozen Frozen Cost (2)Entry Age Entry Age (1) Level percent of pay, closed Level dollar of pay, closed 24 years Fair value Level percent of pay, closed 24 years 29 years Five year Smoothed Fair value Fair value 8%8.5%8% -6.5%6.0%6.5% 3%3.5%3% 0%0%0% (1) (2) Effective October 1, 1998, the Fire Pension changed its actuarial method from Aggregate Actuarial Cost to Frozen Entry Age. Effective October 1, 2000, the General Employees’ Pension changed its actuarial method from Frozen Entry Age to Aggregate Actuarial Cost. 59 I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 11 - DEFINED CONTRIBUTION PLAN The City of Palm Beach Gardens Money Purchase Plan (the "General Plan") and the City Palm Beach Gardens Executive Plan (the "Executive Plan") are defined contribution pension plans established by the City and administered by ICMA Retirement Corporation to provide benefits at retirement to the employees of the City. All full-time employees of the City are eligible to participate in the General Plan upon employment with the City. The City Manager is the only employee eligible to participate in the Executive Plan. The City contributes an amount equal to 8% and 15% of the employee’s base salary each month for the General Plan and the Executive Plan, respectively. Employees contribute an amount equal to 4% and 3% of their base salary in the General Plan and the Executive Plan, respectively. As part of the employment agreement with the new city manager, the City agreed that it would not require the new city manager to contribute 3% of his salary to the Executive Plan. However, the City still agreed to contribute its 15% portion. The City’s contributions for each employee (and interest allocated to the employee’s account) are fully vested after one year of continuous service. The City Manager was fully vested upon commencement of participation. City contributions for, and interest forfeited by employees who leave employment before one year of service .are used_..to reduce the City’s current .period contribution amount. Plan revisions and contribution requirements are established and may be amended by the City Council. The City’s contributions were calculated using the base salary amount of $3,964,013 for the General Plan and $108,900 for the Executive Plan. The City made its required contributions of $317,121 for the General Plan and $16,335 for the Executive Plan and employees made their required contribution of $158,560 in the General Plan for a total contribution of $492,016. NOTE 12 - DEFERRED COMPENSATION PLAN The City offers a deferred compensation plan created in accordance with Intemal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. The City’s Deferred Compensation Plan has funds held by ICMA Retirement Corporation and the Hartford Insurance Company. 60 CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 12 - DEFERRED COMPENSATION PLAN (Continued) In January 1997, the Hartford Insurance Company Deferred Compensation Plan and the ICMA Deferred Compensation Plan were amended to conform with the changes in the Internal Revenue Code brought about the Small Business Job Protection Act of 1996 (the "Act"). The Act requires that eligible deferred compensation plans established and .maintained by governmental employers be amended to provide that all assets of the Plan be held in trust, or under one or more appropriate annuity contracts or custodial accounts, for the exclusive benefit of plan participants and their beneficiaries. As a result of this change, plan assets are no longer subject to the claims of the City’s general creditors. Because the City has little administrative involvement and does not perform the investing function for funds in the Hartford Plan and ICMA Plan, the City’s activities do not meet the criteria for inclusion in the fiduciary funds of a government. NOTE 13 - CONTINGENT LIABILITIES The City is a defendant in personnel related and other lawsuits occurring in the course of operations. While the ultimate outcome of the litigation cannot be determined at this time, management believes that anyamounts .not cove{ed by insurancel if any, resulting from these lawsuits would not materially affect the financial position of the City. NOTE 14 - COMMITMENTS Municipal Complex Construction The City is constructing a new municipal complex~ The total cost of the construction contracts entered into by the City for the project is $17,550,000. At September 30, 2001, the City still had $229,893 of construction costs to incur until completion. Fire Station Number 3 Construction The City is constructing fire station number 3 with the remaining proceeds of the Wachovia loan disclosed in Note 7. The open amount ~of the contract and the amount of construction costs the City will incur until completion is $1,622,000. Skate Park and Building Structure The City is constructing a new skate park and building structure for the parks and recreation department. The open amount of the contract and construction costs remaining are $248,624. 61 I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Financial Statements September 30, 2001 NOTE 15 - RETAINED EARNINGS DEFICIT/DEFICIT FUND BALANCE At September 30, 2001, the enterprise golf fund had an accumulated deficit of $1,287,485. The deficit is expected to be ftmded from future charges for services. The deficit has resulted from depreciation, a non-cash expense, which is required by generally accepted accounting principles. NOTE 16- JOINTLY GOVERNED ORGANIZATION The City, through an interlocal agreement with certain other municipalities and Palm Beach County, created the Seacoast Utility Authority ("Seacoast") which provides water and sewer service to the citizens of each of the participating municipalities and a portion of Palm Beach County. Seacoast’s governing board is comprised of one member from each participating entity. Seacoast is an independent authority organized under the laws of the State of Florida and the City has no participating equity ownership in Seacoast. The City paid $82,699 to Seacoast during the fiscal year for water and sewer service. NOTE 17 - RISK MANAGEMENT The City is exposed to various risks of loss related to torts, theft of, damage to and destruction of assets; errors and omissions; and natural disasters for which the City carries commercial insurance. The City is also covered by Florida Statutes under the Doctrine of Sovereign Immunity which effectively limits the amount of liability of municipalities to individual claims of $100,000/$200,000 for all claims relating to the same accident.. There have been no significant reductions in insurance coverage from coverage in the prior year. In addition, there have been no settlements in excess of insurance coverage for the past three fiscal years. NOTE 18 - EXCESS OF EXPENDITURES OVER APPROPRIATIONS There were excesses of expenditures over appropriations in the following fund: General Fund $1,101,824 The excess expenditures in the general fund were due primarily to the $1,622,000 encumbrance relating to fire station number 3 being recognized as an expenditure on the budgetary basis. 62 REQUIRED SUPPLEMENTAL INFORMATION I I i I I I I I I I ! I I I I ! I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Required Supplemental Information September 30, 2001 Schedule of Funding Pro_wress Actuarial Accrued Liability Actuarial (AAL) Unfunded Actuarial Value of Frozen ALL Funded Covered Valuation Assets Entry Age (UAAL)Ratio Payroll Date (a)(b)(b-a)(a/b)(c) UAAL as a Percentage of Covered Payroll ( (b-a)/c ) General Employees’ Pension 10/1/1995 $ 1,455,872 $ 2,164,072 $ 708,200 67.27%$ 685,535 10/1/1996 1,734,005 2,428,298 694,293 71.41%695,818 10/1/1997 2,328,155 3,007,575 679,420 77.41%693,567 10/1/1998 2,384,554 3,081,800 697,246 77.38%607,444 10/1/1999 2,647,010 3,355,507 708,497 78.89%553,142 10/1/2000 2,935,162 2,935,162 (2)100.00%475,883 103.31% 99.78% 97.96% 114.78% 128.09% N/A Police Pension 10/1/1995 $ 3,517,565 $ 3,807,393 $ 289,828 92.39%$3,367,324 10/1/1996 4,443,592 4,855,280 411,688 91.52%3,578,473 10/1/1997 5,511,310 6,521~734 1,010,424 84.51%3,872,799 10/1/1998 6,700,726 8,988,231 2,287,505 74.55%4,476,807 10/1/1999 8,162,736 11,019,072 2,856,336 74.08%4,720,813 10/1/2000 9,795,534 14,097,068 4,301,534 69.49%5,156,136 8.61% 11.50% 26.09% 51.10% 60.51% 83.43% Fire Pension (1) 10/1/1998 $ 3,211,365 $ 4,569,674 $ 1,358,309 70.28%$2,902,427 10/1/1999 3,942,554 5,313,384 1,370,830 74.20%3,194,367 10/1/2000 4,810,175 6,065,624 1,255,449 79.30%3,840,686 46.80% 42.91% 32.69% (1)Effective 10/1/98 the Fire Pension plan changed its actuarial method from Aggregate Cost to Frozen Entry Age. (2)Effective 10/1/00 the General Employees Pension plan changed its actuarial method from Frozen Entry Age to Aggregate cost See notes to required supplemental information. 63 CITY OF PALM BEACH GARDENS, FLORIDA Required Supplemental Information September 30,2001 Schedule of Contributions from the Employer and Other Contributing Entities Fiscal Year Annual Ended Required City State September 30 Contribution Contribution Contribution Percentage Contributed General Employees’ Pension 1996 1997 1998 1999 2000 .2001 $98,074 93,478 ~35,123 42,816 47,567 18,186 Police Pension 1996 1997 1998 1999 2000 2001 $404,856 438,074 592,522 760,142 853,790 945,392 Fire Pension 1996 1997 1998 1999 2000 2001 80,557 122,143 107,249 200,759 227,154 423,628 $98,074 93,478 35,123 42,816 47,567 18,186 96,245 242,609 365,417 524,323 638,017 719,500 155,573 227,154 423,628 N/A N/A N/A N/A N/A N/A $195,597 227,106 235,818 236,636 215,773 225,892 $131,963 160,069 263,089 45,186 N/A N/A 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 72.O9% 107.22% 101.47% 100.11% 100.00% 100.00% 163.81% 131.05% 245.31% 100.00% 100:00% 100.00% See notes to required supplemental information. 64 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Notes to Required Supplemental Information September 30, 2001 General Employees’Police Fire Pension Pension Pension Valuation date Actuarial Cost Method Amortized Method Remaining Amortization Period Asset Valuation Method Actuarial Assumption: Investment rate of return* Projected salary increase* *Includes inflation at Cost of living adjustments 10/1/00 10/1/00 10/1/00 Aggregate Frozen Frozen Cost (2)Entry Age Entry Age(1 Level percent Level percent Level percent of pay, closed of pay, closed of pay, closed 24 years 24 years 29 years Five year smoothed Fair value fair value Fair value 8%8.5%8% 6.5%6.0%6.5% 3%3.5%3% 0%0%0% (1) Effective 10/1/98 the Fire Pension changed its actuarial method from Aggregate Actuarial Cost to Frozen Entry Age. (2) Effective 10/1/00 the General Employees Pension plan changed its actuarial method from Frozen Entry Age to Aggregate cost. 65 SUPPLEMENTAL INFORMATION I I I I I I I I I I I I I I I i I I I i I I I I I I I I I I I I I I I I I I GENERAL FUND THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Balance Sheet General Fund September 30, 2001 Assets Cash and cash equivalents Investments Receivables Accounts Interest Intergovernmental State County Due from other funds Inventory Prepayments Restricted assets Cash and cash equivalents Total assets Liabilities and Fund Balance Liabilities Accounts payable Accrued liabilities Contractor engineering deposits Deferred revenue Due to other governments Claims and judgments payable Total liabilities Fund Balance Reserved for encumbrances Reserved for inventory Reserved for police training Reserved for prepayments Unreserved Designated for subsequent year’s budget Designated for road improvements Designated for special projects Undesignated Total fund balance Total liabilities and fund balance 66 $ 4,605,910 300,O00 1,111,724 1,978 195,160 120,224 762,134 1,722 19,595 218,450 $ 7,336,897 $901,182 250,931 470,018 399,972. 126,481 214,710 2,363,294 1,622,000 1,722 37,377 19,595 133,213 3,159,696 4,973,603 $ 7,336,897 CITY OF PALM BEACH GARDENS, FLORIDA Schedule of Revenues and Other Financing Sources-Budget and Actual General Fund Year Ended September 30, 2001 Revenues Taxes Ad valorem taxes Franchise taxes Electricity Telephone Cable television Solid waste Total taxes Bud~;et Actual $ 18,470,293 $ 18,482,707 2,600,000 2,714,962 178,000 271,633 355,000 406,727 50,000 62,340 2:1,653,293 21,938,369 i1,010,000 1,145,723 11,080,000 1,228,871 12,090,000 2,374,594 Variance Favorable (Unfavorable) $ 12,414 114,962 93,633 51,727 12,340 285,076 135,723 148,871 284,594 (152,682) 400 54,346 (.78,250) (18,534) 301 364 (23,081) (6,663) (2,264) (226,063) 26,536 (70,768) (1,394) 3,482 27,405 3,445 (2,963) (14,257) Licenses and permits Professional and occupational licenses Building permits Total licenses and permits Intergovemmental revenues State grants Recreational Police Other local units State shared revenues Cigarette tax State revenue sharing Mobile home licenses Alcoholic beverage license Half-cent sales tax Firefighters’ supplementary compensation Motor fuel tax rebate Shared revenues from other local units Countywide occupational licenses Total intergovernmental revenues 200,000 47,318 42,500 42,900 194,000 248,346 100,000 21,750 700,000 681,466 20,000 20,301 28,000 28,364 2,550,000 2,526,919 25,000 18,337 82,000 79,736 3,941,500 3,715,437 Charges for services Public safety Fire inspection fees EMS transport fees Parks and recreation Swimming pool fees Tenms fees Other charges for services Application filing tees Project review Interim service fee Administrative service fee Parkway tree sales Total charges for services 90,000 116,536 715,000 644,232 13,000 11,606 55,000 58,482 135,000 162,405 17,000 20,445 151,225 151,225 4,000 1,037 1,180,225 1,165,968 67 i ! I I I I I I I I I I I I I I I I I I Fines and forfeitures Court fines Parking fines Confiscated Property Code enforcement fines Total fines and forfeitures Investment earnings Interest Gains on investments Total investment earnings Miscellaneous revenues Tax search Garbage bags Recreation vehicles decals Copies Citizen contributions to capital projects Other miscellaneous revenues Total miscellaneous revenues Total revenues Other financing sources Operating transfer in Total revenues and other financing sources Bud~ $ 300,000 8,000 14,000 322,000 582,000 582,000 500,000 500,000 30,269,018 105,000 $ 30,374,018 68 Actual Variance Favorable (Unfavorable) 305,475 $ 5,475 4,260 (3,740) 37,377 37,377 25,288 ’11,288 372,400 582,279 121,561 703,840 8,968 1,732 1,125 3,306 299,397 207,387 521,915 3O,792,523 74,467 $ 30,866,990 50,400 279 121,561 121,840 8,968 1,732 1,125 3,306 299,397 (292,613) 21,915 523,505 (30,533) 492,972 CITY OF PALM BEACH GARDENS Schedule of Expenditures and Other Financing Uses - Budget and Actual General Fund Year Ended September 30, 2001 GENERAL GOVERNMENT . Encumbrances Actual Variance (Prior Year)on Budget Favorable Actual Current Year Budgetary Basis (Revised)(Unfavorable) City Council $ 90,323 $$ 90,323 $ 109,956 $ 19,633 Administration Adminislration services Support services Data processing Total Administration 1,306,642 (20,857)1,285,785 1,282,413 (3,372) 138,768 (4,487)134,281 140,549 6,268 323,595 323,595 353,446 29,851 1,769,005 (25,344)1,743,661 1,776,408 32,747 Finance General services 504,933 504,933 514,430 9,497 3,045,920 3,045,920 3,093,943 48,023 Growth Management Administrative Planning and zoning Code enforcement Building Engineering Total Growth Management 238,050 238,050 195,747 (42,303) 682,027 682,027 877,442 195,415 201,817 201,817 218,456 16,639 503,~25 503,425 512,612 9,187 481,189 481,189 466,766 ¯(14,423) 2,106,508 2,106,508 2,271,023 164,515 Human Resources TOTALGENERALGOVERNMENT 446,764 446,764 445,967 (797) 7,963,453 - (25,344)7,938,109 8,211,727 273,618 PUBLIC SAFETY Police Administrative services Support services Juvenile development Road patrol Traffic Detective division Police Training Total Police 1,853,025 1,853,025 1,903,923 50,898 5,065,889 5,065,889 5,191,679 125,790 1,022,534 1,022,534 1,018,063 (4A71) 671,758 671,758 699,748 27,990 323,213 323,213 352,861 29,648 8,936,419 8,936,419 9,166,274 229,855 Fire and Emergency Medical Services Administration services Fire prevention Fire supression Emergency medical service Total Fire and Emergency Medical Services 857,913 1,622,000 2,479,913 919,822 (1,560,091) 311,799 311,799 305,751 (6,048) 3,757,617 3,757,617 3,759,451 1,834 2,136,878 2,136,878 2,201,580 64,702 7,064,207 1,622,000 8,686,207 ¯ 7,186,604 (1,499,603) TOTAL PUBLIC SAFETY 16,000,626 1,622,000 17,622,626 16,352,878 (1,269,748) CULTURE AND RECREATION Administrative Services Aquatics Athletics Programs division Grounds and facilities 574,712 574,712 589,462 14,750 144,739 144,739 153,578 8,839 186,322 186,322 187,414 1,092 322,100 322,100 341,149 19,049 2,161,333 (356,234)1~805,099 1,989,201 184,102 TOTAL CULTURE AND RECREATION 3,389,206 (356,234)3,032,972 3,260,804 227,832 (Continued) 69 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I CITY OF PALM BEACH GARDENS Schedule of Expenditures and Other Financing Uses - Budget and Actual General Fund Year Ended September 30, 2001 Actual Encumbrances Actual Variance (Prior Year)on Budget Favorable Current Year . Budgetary Basis (Revised)(Unfavorable) PHYSICAL ENVIRONMENT Administrative services Facilities management Road and drainage Mowing and landscaping Swale maintenance $ 410,440 $$ 410,440 $ 468,240 $.57,800 386,593 (32)386,561 473,059 86,498 777,055 (150,654)626,401 897,668 271,267 464,594 (8,250)456,344 548,854 92,510 363,025 (32,831)330,194 370,321 40,127 TOTAL PHYSICAL ENVIRONMENT 2,401,707 (191,767)2,209,940 2,758,142 548,202 TOTAL EXPENDITURES 29,754,992 1,048,655 30,8031647 30,583,551 (220,096) OTHER FINANCING USES Transfer to road impact fee fund Transfer to local option tax fund Transfer to police grant fund Transfer to golf course fund 924,728 924,728 (924,728) 111,000 111,000 (111,000) -4,000 4,000 150,000 150,000 TOTAL OTHER FINANCING USES 1,035,728 1,035,728 154,000 (881,72~) TOTAL EXPENDITURES AND OTHER FINANCING USES $ 30,790,720 $ 1,048,655 $ 31,839,375 $ 30,737,551 $ (1,101,824) 70 CITY OF PALM BEACH GARDENS, FLORIDA Amortization Schedule for General Obligation Bonds September 30, 2001 City of Palm Beach Gardens, Florida General Obligation Bonds, Series 1996 Original issue. Retired to date Balance outstanding Year R~e 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 4.95% 4.95% 4.95% 4.95% 4.95% 4.95% 4.95% 4.95% 4.95% 4.95% 4.95% 4.95% 4:95% 4.95% 4.95% 4.95% Principal Interest Payments Payments 165,000 184,016 170,000 175,725 180,000 167,062 185,000 .158,029 195,000 148,624 205,000 138,724 215,000 128,329 225,000 I17,439 235,000 106,054 245,000 94,174 260,000 81,675 275,000 68,434 285,000 54,574 305,000 39,971 320,000 24,502 335,000 8,291 $ 3,800,000 $ 1,695,623 $ 71 4,400,000 (600,000) 3,800,000 Tot~ Payments 349,016 345,725 347,062 343,029 343,624 343,724 343,329 342,439 341,054 339,174 341,675 343,434 339,574 344,971 344,502 343,291 5,495,623 I I I I I I I I I I I I I I i ! I ! i I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Amortization Schedule for General Obligation Bonds September 30, 2001 City of Palm Beach Gardens, Florida General Obligation Bonds, Series 1997 Original issue $ Retired to date Balance outstanding Princip~Interest Year R~e Payrnents Payments 2002 4.20%180,000 202,840 2003 4.30%190,000 195,280 2004 4.35%200,000 187,110 2005 4.40%210,000 178,410 2006 4.45%220,000 169,170 2007 4.50%230,000 159,380 2008 4.60%240,000 149,030 2009 4.70%250,000 137,990 2010 4.80%265,000 126,240 2011 4.80%275,000 113,520 2012 5.00%290,000 100,320 2013 5.00%305,000 85,820 2014 5.00%320,000 70,570 2015 5.10%340,000 54,570 2016 5.10%355,000 37,230 2017 5.10%375,000 19,125 $4,245,000 $ 1,986,605 72 4,900,000 (655,000) 4,245,000 Tot~ Payments 382,840 385,280 387,110 388,410 389,170 389,380 389,030 387,990 391,240 388,520 390,320 390,820 390,570 394,570 392,230 394,125 $ 6,231~605 CITY OF PALM BEACH GARDENS, FLORIDA Amortization Schedule for General Obligation Bonds September 30, 2001 City of Palm Beach Gardens, Florida General Obligation Bonds, Series 1998 Original issue $ Retired to date Balance outstanding .$ Year Rate 2002 4.50% 2003 4.50% 2004 ¯4.50% 2005 4.50% 2006 4.50% 2007 4.50% 2008 4.50% 2009 4.50% 2010 4.50% 2011 4.50% 2012 4.50% 2013 4.50% 2014 4.50% 2015 4.50% 2016 4.50% 2017 4.50% 2018 4.50% Prineip~ Payments 160,000 165,000 175,000 180,000 190,000 195,000 205,000 215,000 225,000 235,000 245,000 260,000 270,000 285,000 300,000 315,000 330,000 $ 3,950,000 Interest Payments 177,750 170,550 163,125 155,250 147,150 138,600 .129,825 120,600 110,925 100,800 90,225 79,200 67,500 55,350 42,525 .29,025 14,850 $ 1,793,250 73 4,400,000 (450,000) 3,950,000 Total Payments 337,750 335,550 338,125 335,250 337,150 333,600 334,825 335,600 335,925 335,800 335,225 339~00 337,500 340,350 342,525 344,025 344,850 $ 5,743,250 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Amortization Schedule for General Obligation Bonds September 30, 2001 City of Palm Be~tch Gardens, Florida General Obligation Bonds, Series 1999 Original issue $ Retired to date Balance outstanding 3,700,000 (245,000) Principal Interest Year Rate Payments Payments 2002 4.85%130,000 167,568 2003 4.85%135,000 161,263 2004 4.85%140,000 154,715 2005 4.85%145,000 147,925 2006 4.85%150,000 "140,893 2007 4.85%160,000 133,618 2008 4.85%165,000 125,858 2009 4.85%170,000 117,855 2010 4.85%180,000 109,610 2011 4.85%190,000 100,880 2012 4.85%195,000 91,665 2013 4.85%.205,000 82,208 2014 4.85%220,000 72,265 2015 4.85%230,000 61,595 2016 4.85%240,000 50,440 2017 4.85%255,000 38,800 2018 4.85%265,000 26,433 2019 4.85%280,000 13,580 $3,455,000 $ 1,797,171 $ 3,455,000 74 Tot~ Payments 297,568 296,263 294,715 292,925 290,893 293,618 290,858 287,855 289,610 290,880 286,665 287,208 292,265 291,595 290,440 293,800 291,433 293,580 $ 5,252,171 CITY OF PALM BEACH GARDENS, FLORIDA Amortization Schedule for General Obligation Bonds September 30, 2001 City of Palm Beach Gardens, Florida General Obligation Bonds, Series 2000 Original issue Retired to date Balance outstanding $ 1,200,000 (58,753) $ 1,141,247 Year 2002 2003 2004 20O5 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Rate 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% 5.23% PrincipN Payments 57,036 60,058 63,240 66,590 70,119 73,834 77,746 81,865 86,202 90,770 95,579 100,643 105,975 111,590 $ 1,141,247 Interest Payments. 58,951 55,929 52,747 49,396 45,868 42,!53. 38,241 34,122 29,784 25,217 20,408 15,343 10,011 4,397 $ 482,567 Tot~ -Payments 115,987 115,987 115,987 1:15,986 115,987 i15,987 115,987 115,987 115,986 115,987 115,987 115,986 115,986 115,987 $ 1,623,814 75 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Amortization Schedule for New Revenue Bonds September 30, 2001 City of Palm Beach Gardens, Florida 2001 Series B New Money Bonds Issued to fund the PGA Flyover and Burns Road Improvement Capital Project Funds. These Bonds are recorded in the General Long Term Debt Account Group Original issue Retired to Date Balance outstanding $ 11,985,000 $ 11,985,000 Year Rate 2002 4.00% 2003 4.00% 2004 4.00% 2005 4.00% 2006 4.00% 2007 4.10% 2008 4.20% 2009 4.30% 2010 4.40% 2011 4.50% 2012 4.63% 2013 5.50% 2014 5.50% 2015 5.50% 2016 5.50% 2017 5.50% 2018 5.50% 2019 5.13% 2020 5.13% 2021 5.13% Principal Payments 589 445,000 589 465,000 572 480,000 553 500,000 534 520,000 513 545,000 492 565,000 468 590,000 443 615,000 417 645,000 388 680,000 353 720,000 315 760,000 800,000 845,000 890,000 935,000 985,000 Interest Payments 567 047 991 991 191 592 392 891 051 616 756 206 763 288 887 276 288 234 488 190487 114012 98,400 50,482 Paid From Capitalized Interest (567,047) (489,228) $11,985,000 $7,764,819 $ (1,056,275) Paid From Reserve Total Payments (84,285) (42,979) (42,978) (42,979) (42,978) (42,979) (42,979) (42,978) (42,979) (42,979) (42,978) (42,979) (42;978) (42,979) (42,979) (42,979) (42,979) (42,979) (1,054,240) $(1,869,163) 16,478 992,012 994,213 990,613 991,414 990,912 994,072 990,638 990,777 989,227 990,785 990,309 992,909 993,309 991,509 992,508 961,033 990,421 (18,758) $ 16,824,381 Note: The City was required to deposit $1,011,262 of the bonds proceeds in a reserve account. This reserve account will earn interest at 4.25% until maturity of the bonds. The interest on this account will reduce future debt service as shown above. The City was also required to deposit $1,005,000 into a capitalized interest account. This account will earn 4.375%. The capitalized interest account principle and interest earnings will be used to finance the first two years of interest payments as shown above. 76 THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I ! i i I SPECIAL REVENUE FUNDS CITY OF PALM BEACH GARDENS, FLORIDA Combining Balance Sheet Special Revenue Funds September 30, 2001 Assets Cash and cash equivalents Accounts receivable Total assets ,Law Local Police Enforcement Recreation Extra Duty Option Grant Education Programs Police Gas Tax Fund $ 41,968 1,340 Total $ 141,428 $ $862,237 $39,464 $1,085,097 48,676 50,016 $ 43,308 $ 141,428 $ $910,913 $39,464 $1,135,113 Liabilities and Fund. Balance Liabilities Accounts payable Deferred revenue Total Liabilities: Fund Balance Reserved for encumbrances Reserved for law enforcement . Unreserved Designated for special projects Undesignated Total Fund Balance Total Liabilities and Fund Balance $ 1,091 $ 18,133 118,742 1,091 136,875 42,217 42,217 $ 43,308 $$ 12,969 $$ 32,193 39,464 158,206 12,969 39,464 190,399 20,622 438 "- 4,115 877,322 4,553 $ 141,428 20,622 42,217 438 881,437 897,944 944,714 $ $910,913 $39,464 $i,135,113 I I I I I I I I I I I ! I i I I I I I I I I I I I I I I I I I i I I I I CITY OF PALM BEACH GARDENS, FLORIDA Combining Statement of Revenues, Expenditures and Changes in Fund Balance Special Revenue Funds Year Ended September 30, 2001 Revenues Local option gas tax Charges for services Fines and forfeitures Interest Grant revenue Total revenues Law Extra Local Police Enforcement Recreation Duty Option Grant Education Programs Police Gas Tax Fund Total Expenditures Current Public safety Culture and recreation Transportation Capital Outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses) Operating transfer in Operating transfer out Excess of revenues and other financing sources over (under) expenditures and other financing uses Fund balance, October 1, 2000 Fund balance, September 30, 2001 20,710 20,710 2,065 2,065 40,152 $ 42,217 172,695 193,405 938,694 -938,694 -497,655 497,655 15,356 -3,295 18,651 954,050 172,695 497,655 3,295 1,648,405 39,596 21,967 172,095 235,723 -111,000 111,000 (52,500) (21,967)(74,467) (12,904)-283,095 272,256 17,457 -614,849 672,458 $ 4,553 $- $ 897,944 $$ 944,714 78 $$$-$ 636,565 $$ 636,565 987,060 194,662 1,181,722 21,211 -21,211 1,564 6,586 33,185 41,335 -3,295 3,295 22,775 993,646 194,662 669,750 3,295 1,884,128 CITY OF PALM BEACH GARDENS, FLORIDA Combining Schedule of Revenues and Expenditures-Budget and Actual-(Budgetary Basis) Budgeted Special Revenue Funds Year Ended September 30, 2001 Revenues Taxes Charges for services Interest Grant revenue Total revenues Recreation Programs Encumbrance Actual on (Prior Year)Budgetary Budget Actual Current Year Basis (Revised) $ -$$- 987,060 987,060 6,586 6,586 993,646 $ 1,162,200 13,000 993,646 1,175,200 Expenditures Current Culture and recreation Transportation General government Capital outlay Total expenditures Excess of revenues over(under) expenditures Other financing sources (uses) Operating transfer in Operating transfer out Excess of revenues and other financing sources over (under) expendituresl and other financing uses 938,694 15,356 954,050 39,596 (52,500) $ (12,904) 938,694 15,356 1,058,393 ¯ 954,050 1,058,393 39,596 116,807 (52,500) , (105,o0o) $ (12,904) S 11,807. 79 I I I I I I I I I I I I I I I I I I I I I I I I I I Variance Favorable (Unfavorable) $ (175,140) (6,414) Local Option Gas Tax Actual Encumbrance Actual on Variance (Prior Year)Budgetary Budget Favorable Current Year Basis (Revised)(Unfavorable) $ 636,565 $$ 636,565 $ 590,000 33,185 33,185 10,000 (181,554)669,750 669,750 600,000 119,699 (15,356) 104,343 (77,211) 52,500 $ , (24,711) $ 46,565 497,655 20,622 518,277 690,000 497,655 20,622 518,277 690,000 172,095 (20,622)151 ~473 (90,000) 111,000 -111,000 $ 283,095 $ (20,622) $ 262,473 $ (90,000) $ 80 23,185 69,750 171,723 171,723 241,473 111,000 352,473 (Continued), CITY OF PALM BEACH GARDENS, FLORIDA Combining Schedule of Revenues and Expenditures-Budget and Actual-(Budgetary Basis) :Budgeted Special Revenue Funds Year Ended September 30, 2001 (Continued) Revenues Taxes Charges for services Interest Grant revenue Total revenues Police. Grants Encumbrance Actual on Variance (Prior Year)Budgetary Budget Favorable Actual Current Year Basis (Revised)...(Unfavorable) 3,295 3,295 Expenditures Current: Culture and recreation Transportation General government Capital Outlay Total expenditures $$$$$ -3,295 3,295 Excess of revenues over (under) expenditures Other financing Sources (uses) Operating transfer in Operating transfer out Excess of revenues and other financing sources over (under) expenditures and other financing uses $ 3,295 3,295 40,000 (36,705) 40,000 (36,705) -24,200 3,295 19,800 24,200 16,505 3,295 44,000 40,705 -(4,000) 4,000 $- $ 4,000 (4,000) 81 I I I I I I I I I I I I ! I I I ! I I I I I Total I I I I I I I I I I I I I I I Actual $ 636,565 987,060 39,771 3,295 1,666,691 938,694 497,655 18,651 1,455,000 Encumbrance Actual on Variance (Prior Year)Budgetary Budget Favorable Current Year Basis (Revised)(Unfavorable) $ 636,565 $ 590,000 $ 46,565 987,060 1,162,200 (175,140) 39,771 23,000 16,771 3,295 40,000 (36,705) 1,666,691 1,815,200 (148,509) 938,694 1,058,393 119,699 20,622 518,277 690,000 171,723 24,200 24,200 18,651 19,800 1,149 20,622 1,475,622 1,792,393 316,771 211,691 (20,622)191,069 22,807 168,262 $ (20,622) 111,000 (52,500) $ 270,191 111,000 4,000 107,000 (52,500)(105,000)52,500 $ 249,569 $ (78,193) $ 327,762 82 THISIPAGE INTENTIONALLY LEFT 3LANK I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CAPITAL PROJECTS FUNDS CITY OF PALM BEACH GARDENS, FLORIDA , Combining Balance Sheet Capital Projects Funds September 30, 2001 Recreation Police Fire Impact Impact Impact Assets Cash and cash equivalents Restricted cash and cash equivalents Restricted investments Prepaid expenses Total Assets Liabilities Contract and retainage payable Fund balance Reserved for encumbrances Reserved for prepaids Reserved for capital improvements Total fund balance Total liabilities and ftmd balance $1,605,722 $ 245,752 $ 1;605,722 10,248 $ 245,752 62,468 248,624 .1,346,850 1,595,474 $1,605,722 $ 17,222 166,062 183,284 245,752 $ 335,514 $ 335,514 335,514 335,514 $ 335,514 83 I I I I I I I I I I I I I I I I I I I Arts and Culture Impact $ 467,369 300,000 $ 767,369 4,000 300,000 463,369 763,369 $ 767,369 RoadImpact Fee Fund $ 1,182,537 $ 1,182,537 1,182,537 1,182,537 $ 1,182,537 PGA Flyover Fund Burns Road Improvements $ 68 $ 5,402,363 243,020 774,621 292,367 718,894 2,848,000 $ 3,383,455 2,848,000 535,455 84 3,383,455 $ 3,383,455 1999 Capital Projects Fund $ 14,461 $ 6,895,878 $ 14,461 68,600 - 14,146 6,813,132 6,827,278 $ 6,895,878 14,461 14,461 $ 14,461 (Continued) THIS :PAGE INTENTIONALLY LEFT BLANK I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Combining Balance Sheet Capital Projects Funds September 30, 2001 (Continued) 2000 2001 CapitalPr~ects Capital Pr~ects Fund Fund Assets Cash and cash equivalents Restricted cash and cash equivalents Restricted investments Prepaid expenses Total Assets Liabilities Contract and retainage payable Fund balance Reserved for encumbrances Reserved for prepaids Reserved for capital improvements Total fund balance Total liabilities and fund balance $ 257,294 $ 100,000 $ 257,294 $ 100,000 41,862 3,715 73,382 142,050 96,285 215,432 96,285 $ 257,294 $ 100,000 85 Total $9,611,080 1,017,641 1,011,261 3,148,000 $ 14,787,982 $ 190,893 353,374 3,148,000 11,095,715 14,597,089 $ 14,787,982 CITY OF PALM BEACH GARDENS, FLORIDA Combining Statement of Revenues, Expenditures and Changes in Fund Balance Capital Projects Funds Year Ended September 30, 2001 Recreation Police Fire Impact Impact Impact Revenues Impact fees $ 487,942 $ 102,797 $ 222,899 Interest 74,940 14,128 13,731 Miscellaneous income - Total revenues .562,882 116,925 236,630 Expenditures General government Debt issuance costs Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources Operating transfers in Bond pro.ceeds Excess of revenues and other fmancin, g sources over (under) expenditures Fund balance, October 1, 2000 Fund balance, September 30, 2001 4,500 9,315 9,889 309,069 250,372 276,463 313,569 259,687 286,352 249,313 (142,762)(49,722) 249,313 (142,762)(49,722) 1,346,161 326,046 385,236 $ 1,595,474 $ 183,284 $ 335,514 86 I I I I I I I I I I I I I I i I I I I I I ! I I I I I I I I I i I I I i Arts and Road Impact PGA Bums 1999 Culture Fee Flyover Road Capital Projects Impact Fund Fund Improvements Fund $ 26,763 46,660 $ 255,619 $$$- 2,190 3,020 103,729 - -36,739 73,423 257,809 3,020 103,729 36,739 16,753 16,753 779,151 14,621 31,122 69,286 - 66,932 981,194 37,043 98,054 1,829,631 51,664 56,670 257,809 (95,034) 56,670 706,699 $ 763,369 (1,725,902)(14,925) 924,728 3,478,489 8,553,180 1,182,537 3,383,455 6,827,278 $ 1,182,537 $ 3,383,455 (14,925) 29,386 $ 6,827,278 $ 14,461 (Continued) 87 THIS PAGE1NTENTIONALLY LEFT BLANK I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Combining Statement of Revenues, Expenditures and Changes in Fund Balance Capital Projects Funds Year Ended September 30, 2001 (Continued) Revenues Impact fees Interest Miscellaneous income Total revenues 2000 2001 Capital Pr~ects Capital Pr~ects Fund Fund $ 34,223 200 34,423 $ 100,000 100,000 Total $ 1,169,257 272,724 83,599 1,525,580 Expenditures General government Debt issuance costs Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources Operating transfers in Bond proceeds Excess of revenues and other financing sources over (under) expenditures Fund balance, October 1, 2000 Fund balance, September 30, 2001 164,775 309,698 474,473 (440,050) (44O,O5O) 655,482 3,715 3,715 96,285 96,285 $ 215,432 $ 96,285 999,004 100,408 2,234,486 3,333,898 (1,808,318) 924,728 12,031,669 11,148,079 3,449,010 $ 14,597,089 88 CITY OF PALM BEACH GARDENS, FLORIDA Combining Schedule of Revenues and Expenditures-Budget and Actual-(Budgetary Basis) Budgeted Capital Projects Funds Year Ended September 30, 2001 Recreation Impact variance Favorable (Unfavorable)Budget Actual Revenues Impact fees $ 200,000 $ 487,942 $ 287,942 Interest 25,000 74,940 49,940 Miscellaneous income - 225,000 562,882 337,882Total revenues Expenditures General government Capital outlay Debt service interest Debt service principle Total expenditures Excess of revenues over (under) expenditures Other financing sources Operating transfers in Bond proceeds Excess of revenues and other financing sources over (under) expenditures 75,000 4,500 70,500 850,000 557,693 292,307 925,000 562,193 362,807 (700,000)689 700,689 (700,000)$ 689 $ 700,689 89 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Police Impact Budget Actual 100,000 $ 102,797 5,000 14,128 Variance Favorable (Unfavorable) $2,797 9,128 Fire Impact Budget $15,000 15,000 Variance Favorable Actual (Unfavorable) $ 222,899 $ 207,899 13,731 (1,269) 105,000 116,925 11,925 30,000 236,630 206,630 (9,315) (2,994) 15,600 75,020 2,400 9,889 (7,489) 392,000 269,677 122,323 -9,315 264,600 267,594 15,600 - 75,020 - 355,220 276,909 78,311 394,400 279,566 114,834 90,236 (364,400)(42.936)321,464(250,220)(159,984) $(250,220) $ (159,984) $90,236 90 $(364,400) $ (42,936) $ 3,21,464 CITY OF: PALM BEACH GARDENS, FLORIDA Combining Schedule of Revenues and Expenditures-Budget and Actual-(Budgetary Basis) Budgeted Capital Projects Funds Year Ended September 30, 2001 (continued) Revenues Impactfees Interest Miscellaneous income Total revenues Art & Culture Budget Actual $-$ 12,000 26,763 100,000 46,660 112,000 73,423 Variance Favorable (Unfavorable) $- 14,763 (53,340) (38,577) I I I I Expenditures General government Capital outlay Debt service interest Debt service principle 650,000 16,753 (16,753) 650,000 Total expenditures Excess of revenues over (under) expenditures Other financing sources 650,000 16,753 633,247 (538,000)56,670"594,670 Bond proceeds Excess of revenues and other financing sources over (under) expenditures $(538,000) $ 56,670 $ 594,670 91 I I I I I I I I I I I I I I I I I I I 2000 Capital Projects Fund Variance Favorable Budget Actual (Unfavorable) $-$$- 5,000 34,223 29,223 -200 200 Total Budget Actual Variance Favorable (Unfavorable) $ 315,000 $ 813,638 $.498,638 62,000 163,785 101,785 100,000 46,860 (53,140) 5,000 34,423 29,423 477,000 1,024,283 547,283 -164,775 (164,775) 1,205,000 383,080 821,920 77,400 205,232 (127,832) 3,361,600 1,478,044 1,883,556 15,600 15,600 75,020 75,020 1,205,000 547,855 657,145 3,529,620 1,683,276 1,846,344 ( 1,200,000)(513,432)686,568 (3,052,620)(658,993)2,393,627 $(1,200,000) $ (513,432) $ 686,568 $(3,052,620) $ (658,993) $ 2,393,627 92 PROPRIETARY FUND TYPES ENTERPRISE FUND I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Balance Sheet Enterprise Fund September 30, 2001 Assets Cash and cash equivalents Receivables Accounts Inventory Restricted assets Investments Deposits Deferred charges Land, buildings and equipment, net of depreciation Total assets Liabilities and equity Liabilities Accounts payable Accrued interest payable from restricted assets Due to other funds Revenue bonds payable Total liabilities Equity Retained earnings (deficit) Total liabilities and equity 93 1,121,479 5,637 28,726 611,313 3,080 132,349 4,963,375 $ 6,865,959 14,181 132,129 762,134 7,245,000 8,153,444 (1,287,485) $ 6,865,959 Operating revenues Charges for services Golf Greens fees Cart fees Driving range Pro shop Limited play cards Food and beverage Food sales Beverage sales Miscellaneous Total operating revenues Non-operating revenues Interest revenue : Operating transfers Operating transfer in Total revenues CITY OF PALM BEACH GARDENS, FLORIDA Schedule of Revenues-Budget and Actual Enterprise Fund Year Ended September 30, 2001 Budget Actual $ .723,200 $ 530,059 570,600 446,081 35,000 29,309 85,800 62,832 126,400 125,629 108,900 87,472 71,900 66,767 10,000 16,882 1,731,800 1,365,031 78,000 101,192 150,000 - $ 1,959,800 $ 1,466,223 94 Variance Favorable (Unfavorable) $ (193,141) (124,519) (5,691) (22,968) (771) (21,428) (5,133) 6,882 (366,769) 23,192 (150,000) $ (493,577) I I I I I I I I I I I I I I i I i I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Schedule of Expenses-Budget and Actual Enterprise Fund Year Ended September 30, 2001 Operating expenses Management Maintenance contract Depreciation Cost of goods sold Operating supplies Insurance Equipment rental Promotional advertising Repair and maintenance Other professional and contractual Utilities Amortization Other expenses Total operating expenses Non-operating expenses Capital outlay Principal Interest expense Total non-operating expenses Total expenses Budget Actual $300,000 300,100 121,500 123,100 40,000 47,440 45,600 46,450 42,485 30,400 14,130 11111,205 50,000 265,000 480,535 795,535 $ 1,906,740 $ 292,679 309,405 261,050 99,153 123,676 17,315 48,360 57 546 28 436 49 085 37 723 13 181 10 808 1,348,417 488,366 488,366 $ 1,836,783 95 Variance Favorable (Unfavorable) $ 7,321 (9,305) (261,050) 22,347 (576) 22,685 (920) (11,946) 18,014 (6,600) (7,323) (13,181) 3,322 (237,212) 50,000 265,000 (7,831) 307,169 $ 69,957 CITy OF PALM BEACH GARDENS, FLORIDA Amort~ation Schedule for Golf Course Revenue Bonds September 30, 2001 City of Palm Beach Gardens, Florida 2001 Series B Golf Course Refunding Revenue Bonds Original issue Retired to Date Balance outstanding. $ 7,245,000 $ 7,245,000 Principal Interest Year Rate Payments Payments 2002 4.00% 2003 4.00% 2004 4.00% 2005 4.00% 2006 4.00% 2007 4.10% 2008 4.20% 2009 4.30% 2010 4.40% 2011 4.50% 2012 4.63% 2013 5.50% 2014 5.50% 2015 5.50% 2016 5.50% 2017 5.50% 2018 5.50% 2019 5.13% 2020 5.13 % 2021.5.13% 230,000 240,000 250,000 260,000 270,000 285,000 295,000 305,000 320,000 335,000 350,000 365,000 385000 405 000 430 000 455 000 475 000 505 000 530 000 555 000 338 643 343 145 333 545 323 545 313 145 302345 290660 278 270 265 155 251,075 236,000 219,812 199,738 178,562 156,288 132,638 107,612 81,488 55,606 28,443 Ongoing Expenses 2,785 2,806 2,710 2,610 2,506 2,398 2,284 2,166 2,044 1,916 1~782 1,642 1,496 1,342 1,180 1,008 826 636 434 222 Paid From Total Reserve Paymen~ (24,970)546,458 (25,981)559,970 (25,981)560,274 (25,981)560,174 (25,981)559,670 (25,981)563,762 (25,981)561,963 (25,981)559,455 (25,981)561,218 (25,981)562,010 (25,981)561,801 (25,981)560,473 (25,981)560,253 (25,981)558,923 (25,981)561,487 (25,981)562,665 (25,981)557,457 (25,981)561,143 (25,981)560,059 (637,291)(53,626) $7,245,000 $4,435,715 $34,793 $(1,129,919)$ 10,585,589 Note: The City was required to. deposit $6’11,313 of the bonds proceeds in a reserve account. The interest earnings of 4.25% in this reserve account will reduce future debt service requirements as shown above. The principle balance of the reserve account will be used to help’ retire the remaining bonds in 202 !. 96 I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PROPRIETARY FUND TYPES INTERNAL SERVICE FUND CITY OF PALM BEACH GARDENS, FLORIDA Balance Sheet Internal Service Fund September 30, 2001 Assets Cash and cash equivalents Inventory Vehicles and equipment, net of depreciation Total assets Liabilities and equity Liabilities Accounts payable Accrued liabilities Compensated absences Obligation under capital lease Total liabilities Equity Contributed capital Retained earnings Total equity Total liabilities and equity 97 530,572 14,590 1,022,716 $ 1,567,878 5,242 8,655 13,925 251,832 279,654 271,489 1,016,735 1,288,224 $ 1,567,878 I I I I I I I I I I I I I i I I I I CITY OF PALM BEACH GARDENS, FLORIDA Schedule of Revenues and Expenses-Budget and Actual Internal Service Fund Year Ended September 30, 2001 Operating revenues Charges for services Total operating revenues Operating expenses Personnel expenses Professional services Administrative services Depreciation Operating supplies Equipment rental Vehicles maintenance and repair Fuel and chemicals Repair and maintenance other Utilities Other expenses Total operating expenses Operating income Non-operating income (expenses) Capital outlay Capital lease proceeds Insurance proceeds Gain on fixed asset disposals Interest expense Interest income Total non-operating income (expenses) Capital contributions Net income Variance Favorable Budget Actual (Unfavorable) $ 1,307,752 $ 1,119,007 $ (188,745) 1,307,752 1,119,007 (188,745) 356,496 266,985 89,511 5,000 1,310 3,690 151,225 151,225 -307,917 (307,917) 4,265 2,197 2,068 706 391 315 233,500 127,862 105,638 208,500 203,562 4,938 8,350 3,036 5,314 2,056 1,938 118 17,440 6,792 10,648 987,538 1,073,215 (85,677) 320,214 45,792 (274,422) (652,362)- 251,832 - 45,000 - -38,392 -(6,174) 20,000 24,380 (335,530)56,598 -22,131 $(15,316) $124,521 98 652,362 (251,832) (45,000) 38,392 (6,174) 4,380 392,128 22,131 $ 139,837 FIDUCIARY FUNDS I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Combining Balance Sheet All Trust Funds September 30, 2001 Assets Cash Investments Receivables Interest Employees Total assets Liabilities and fund balance Liabilities Accounts payable Fund balance Reserved for employees’ pension benefits (1) Total liabilities and fund balance Pension Trust General Employees Police $$ 216,721 2,675,500 9,582,688 70,118 58,073 $ 2,675,500 $ 9,927,600 Fire $ 5,143,082 36,685 $ 5,179,767 $ - $ 30,011 $ 2,675,500 9,897,589 5,179.767 $ 2,675,500 $ 9,927,600 $ 5,179,767 (1) A schedule of funding progress for each plan is presented on page 63. 99 Total $ 216,721 17,401,270 106,803 58,073 $ 17,782,867 $ 30,011 17,752,856 $ 17,782,867 CITY OF PALM BEACH GARDENS, FLORIDA Combining Statement of Changes in Net Plan Assets All Pension Trust Funds Year Ended September 30, 2001. Additions Contributions Employer State of Florida Employee Total contributions. Investment income (loss) Interest and dividends Net depreciation in fair value of investments Investment expenses Net investment income (loss) Total additions Deductions Pension benefits Administrative expenses Total deductions Net increase (decrease) General Employees Police Fire Total $ 18,186 $ 719,500 $ 423,628 $ 1,161,314 -225,892 286,417 512,309 12,904 395,076 252,991 660,971 31,090 1,340,468 963,036 2,334,594 87,320 327,067 143,113 (182,275)(1,125,569)(891,385) (22,582)(42,232)(43,747) (117,537)(840,734)(792,019) (86,447)499,734 171,017 557,500 (2,199,229) (108,561) (1,750,290) 584,304 Fund balance reserved for employees’ pension benefits, October 1, 2000 Fund balance reserved ~br employees’ pension benefits, September 30i 2001 163,507 303,580 109,282 576,369 9,708 113,605 21,541 144,854 173,215 417,185 130,823 721,223 (259,662)82,549 40,194 (136,919) 2,935,162 9,815,040 $2,675,500 $ 9,897,589 5,139,573 $ 5,179,767 100 17,889,775 $17,752,856 I I I I I I I I I I I i I I I I i I i I I I I, I I I I I I I I ! I I ! I I GENERAL FIXED ASSETS ACCOUNT GROUP CITY OF PALM BEACH GARDENS, FLORIDA Schedule of General Fixed Assets-By Source September 30, 2001 Land and improvements Building and improvements Equipment Construction in progress Total general fixed assets Investment in general fixed assets by source General fund Special revenue fund Recreation fund Local option gas tax Capital projects fiands Fire impact Police impact Recreational impact 1996 construction bonds Total investment in general fixed assets 101 $10,554,659 17,341,234 12,406,282 494,331 $40,796,506 $24,399,630 I5,355 342,065 765,930 550,620 244,477 14,478,429 $40,796,506 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I General government General services Administration Finance Growth management Human resources Total general government Public safety Police Fire Total public safety Culture and recreation Physical environment Total general fixed assets CITY OF PALM BEACH GARDENS, FLORIDA Schedule of General Fixed Assets - By Function and Activity September 30, 2001 Land Buildings $ 835,304 $ 5,038,342 Machinery Construction and in Equipment Prosress 163,187 1,090,524 575,615 10,790 835,304 5,038,342 1,840,116 4,966,365 1,408,586 1,205,244 2,453,890 3,224,203 1,205,244 7,420,255 4,632,789 8,312,325 4,760,487 3,168,696 201,786 122,150 2,764,681 $10,554,659 $17,341,234 $12,406,282 144,437 40,825 185,262 309,069 $ 494,331 102 Total $ 6,036,833 1,090,524 575,615 10,790 7,713,762 6,519,388 6,924,162 13,443,550 16,550,577 3,088,617 $ 40,796,506 CITY OF PALM BEACH GARDENS, FLORIDA Schedule of Changes in General Fixed Assets-By Function and Activity Year ended September 30, 2001 General government General services Administration Finance Growth management Human resources Total general government Public safety Police Fire Total public safety Culture and recreation Physical environment Total general fixed assets Balance October 1, 2000 $ 5,989,679 1,033,909 577,666 14,019 1,016 7,616,289 6,293,449 6,867,271 13,160,720 16,098,533 3,100,623 $ 39,976,165 Balance September 30, Additions Deletions 2001 $ 61,737 $ (14,583)$ 6,036,833 61,899 (5,284)1,090,524 (2,051)575,615 (3,229)10,790 (1,016)- 123,636 (26,163)7,713,762 646,678 (420,739)6,519,388 169,349 (112,458)6,924,162 816,027 (533,197)13,443,550 489,605 (37,561)16,550,577 4,464 (16,470)3,088,617 $ 1,433,732 $ (613,391)$ 40,796,506 103 I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I STATISTICAL SECTION CITY OF PALM BEACH GARDENS, FLORIDA General Fund Expenditures by Function Last Ten Fiscal Years Fiscal Year Ended General Public Culture and September 30 Government Safety Recreation 1992 $ 5~875,630 $ 5,574,847 $ 660,538 1993 6,198,708 6,240,746 802,754 1994 6,079,795 7,282,218 1,631,622 1995 6,502,788 8,017,587 1,617,618 1996 4,140,246 10,419,370 2,061,808 1997 4,258,759 11,313,616 2,147,126 1998 5i113,281 11,868,092 2,850,898 1999 5,522,737 13,078,387 3,379,928. 2000 6,968,729 15,254,972 3,539,954 2001 6,477,124 15,890,668 3,131,066 Note:The above expenditures of the general fund include capital outlay and debt service payments for capital leases budgeted in the general fund. 104 Physical Environment $1,871,440 2,062,067 1,816,481 1,756,088 2,235,901 2,421,820 2,400,654 2,117,374 2,347,792 2,401,707 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Debt Service 198 289 153 126 144 773 136 421 243 609 97 405 1,098,325 1,294,480 1,752,138 1,854,427 Total $14,180,744 15,457,401 16,954,889 18,030,502 19,100,934 20,238,726 23,331,250 25,392,906 29,863,585 29,754,992 105 CITY OF PALM BEACH GARDENS, FLORIDA General Fund Revenues by Source Last Ten Fiscal Years Fiscal Year Licenses Ended And Inter- September 30 Taxes Permits Governmental 1992 $10,164,423 $ 1,135,561 1993 10,460,204 1,371,018 1994 12,659,338 1,391,205 1995 12,659,435 1,577,952 1996 13,288,987 1,646,200 1997 13,611,567 1,535,589 1998 14,894,879 1,678,158 1999 15,694,298 1,767,987 2000 17,45Y,481 1,995,314 2001 21,938,369 2;374,594 $1,799,229 1,975,120 2,387,538 2,454,553 2,989,064 2,738,157 3,064,436 3,281,951 3,519,144 3,715,437 Note: The above revenues and other financing sources are for the general fund. 106 Charges for Services 30,302 39,599 36,125 421,662 547,724 747,787 780,453 1,077,525 1,205,170 1,165,968 I I I I I I I I I I I I I I I I I I I I I I I I I I I I. I I I I I I I I I I Fines and Forfeitures $313,856 235,766 200,952 232,546 257,294 373,411 281,386 303,404 270,351 372,400 Miscellaneous $ 1,200,930 819,293 781,760 944,539 1,000,879 946,097 986,413 1,320,576 904,476 1,225,755 Total $14,644,301 14,901,000 17,456,918 18,290,687 19,730,148 19,952,608 21,685,725 23,445,741 25,351,936 30,792,523 107 Fiscal Year CITY OF PALM BEACH GARDENS, FLORIDA Property Tax Levies and Collections Last Ten Fiscal Years Percent Delinquent Total Cun’ent Tax of Levy Tax Tax Levy Collections Collected Collections 1992 $ 8,128,526 $ 7,882,428 96.97% 1993 8,303,964 7,952,645 95.77% 1994 10,316,527 10,024,681 97.17% 1995 10,714,995 10,323,379 96.35% 1996 11,182,463 10,779,466 96.40% 1997 11,409,420 10,923,649 95.74% 1998 12,709,128 12,042,923 94.76% 1999 13,509,855 12,923,982 95.66% 2000 15,384,216 14,715,643 95.65% 2001 19,220,602 18,459,195 96.04% Source:Palm Beach County Tax Collector, 108 $ 23,946 149,883 2,348 110,118 3,865 30,711 146,457 11,116 31,525 23,512 I I I I I I I I I I I. I I I I I i I I I I I I I I I I I I I I I I I I I I Total Tax Collections $ 7,906,374 8,102,528 10,027,029 10,433,497 10,783,331 10,954,360 12,189,380 12,935,098 14,747,168 18,482,707 Percent Collected To Tax Levy 97.27% 97.57% 97.19% 97.37% 96.43% 96.01% 95.91% 95.75% 95.86% 96.16% 109 Fiscal Year 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Note: Source: CITY OF PALM BEACH GARDENS, FLORIDA Assessed Value of Taxable Property Last Ten Fiscal Years Real Property Taxable Estimated Value Actual Value Personal Property Taxable Estimated Value Actual Value $ 2,033,476,236 $ 2,281,209,751 2,293,762,532 2,337,450,269 2,430,683,536 2,556,488,791 2,674,464,532 2,857,063,888 3,236,901,787 3,422,435;298 2,392,324,984 $ 169,895,325 $ 199,876,853 2,683,776,178 178,761,549 210,307,705 2,698,544,155 188,073,622 221,263,085 2,749,941,493 189,396,377 222,819,267 2,859,627,689 198,265,104 233,253,064 3,007,633,872 208,437,200 245,220,235 3,146,428,861 224,249,593 263,823,051 3,361,251,633 231,359,188 272,187,280 3,808,119,749 276,055,851 324,771,589 4,026,394,468 290,919,559 342,258,305 The basis of assessed value is approximately eighty-five percent (85%) of actual value. For each fiscal year ended September 30, property is valued as of January 1 st of the preceding calendar year. Palm Beach Cotmty Property Appraiser. 110 I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I Centrally Assessed Taxable Estimated Value Actual Value $ 709,899 $ 835,175 570,540 671,224 444,022"522,379 489,852 576,296 626,936 737,572 682,919 803,434 672,350 791,000 850,175 1,000,206 868,058 1,021,245 914,685 1,076,100 Total Taxable Value Estimated Actual Value 2,204,081,460 2,460,541,840 2,482,280,176 2,527,336,498 2,629,575,576 2,765,608,910 2,899,386,475 3,089,273,251 3,513,825,696 3,714,269,542 2,593,037,012 2,894,755,107 2,920,329,619 2,973,337,056 3,093,618,325 3,253,657,541 3,411,042,912 3,634,439,119 4,133,912,583 4,369,728,873 111 CITY OF PALM BEACH GARDENS, FLORIDA Property Tax Rates - Direct and Overlapping Governments Last Ten Fiscal Years (Per $1,000 of the Assessed Value) City of Palm Beach Palm Beach Fiscal Palm Beach County School Palm Beach County Year Gardens District County Library 1992 3.372 1993 3.370 1994 4.117 1995 4.075 1996 4.043 1997 3.915 1998 4.097 1999 4.066 2000 4.350 2001 5.175 9.785 9.603 10.063 10.185 9.797 9.788 9.557 9.682 9.043 8.918 4.644 4.622 4.550 4.519 4.519 4.519 4.866 4.858 4.946 4.600 0.394 0.389 0.392 0.444 0.484 0.500 0.500 0.525 0.525 0.540 Source: Palm Beach County Property Appraiser. 112 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I South Florida Water Management 0.550 0.550 0.597 0.497 0.647 0.672 0.697 0.697 0.697 0.597 Special Districts 1.740 1.830 1.856 1.951 1.838 1.614 1.663 1.537 1.489 2.002 Total 20.485 20.364 21.575 21.671 21.328 21.008 21.380 21.365 21.050 21.832 113 CITY OF PALM BEACH GARDENS, FLORIDA Schedule of Direct And Overlapping Bonded Debt September 30, 2001 Governmental Unit City of Palm Beach Gardens Palm Beach County Palm Beach County School District Total Total Outstanding Percentage Amount Applicable to Applicable to The City of The City of Palm Beach Palm Beach Gardens(l)Gardens $ 16,591,247 100.00%$ 16,591,247 267,485,000 5.16%13,797,572 221,080,000 5.16%11,403,882 $505,156,247 $41,792,701 (1)Based upon the ratio of assessed taxable value within the City of Palm Beach Gardens subject to taxation from the overlapping unit to the value of property subject to taxation in the overlapping unit. Source:City of Palm Beach Gardens. Palm Beach County Property Appraiser. Palm Beach County School District. 114 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Computation of Legal Debt Margin September 30, 2001 Article VII, Section 12 of the 1968 Constitution of the State of Florida provides the authority for the issuance of general obligation debt. "Counties, school districts, municipalities, special districts and local governmental bodies with taxing powers may issue bonds ... payable from ad valorem taxation ... only when approved by vote of the electors ..." To date, neither the Florida Constitution nor the City’s Charter provides for a legal debt limit. 115 CITY OF PALM BEACH GARDENS, FLORIDA Ratio of Annual Debt Service Last Ten Fiscal Years Fiscal Year Principal Interest Ratio of Total Debt Service to Total General General Debt Governmental Governmental Service Expenditures(l)Expenditures 1992 $144,175 $. 54,114 $ 198,289 $ 14,190,293 1993 111,364 41,762 153,126 15,153,232 1994 315,612 68,542 384,154 16,954,889 1995 313,282 51,860 365,142 18,030,502 1996 408,020 39,019 447,039 19,100,934 1997 189,921 110,915 300,836 21,505,975 1998 627,220 471,105 1,098,325 23,331,250 1999 649,394 645,085 1,294,479 25,392,906 2000 902,203 849,935 1,752,138 29,863,585 2001 817,694 1.,036,734 1,854,428 29,754,992 (1) Includes general fund only. 116 1.40% 1.01% 2.27% 2103% 2.34% 1.40% 4.71% 5.10% 5.87% 6.23% I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF PALM BEACH GARDENS, FLORIDA Ratio of Net General Obligation Bonded Debt Last Ten Fiscal Years ¯ Fiscal Year 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Population 27,553 28,635 30,046 31,011 31,909 33,229 33,824 34,577 35,236 35,463 Total Ratio of Net Assessed Net Bonded Debt Taxable Bonded to Assessed Value Debt Value $2,204,081,460 $- 2,460,541,840 - 2,482,280,176 - 2,527,336,498 - 2,629,575,576 - 2,765,608,910 9,300,000 2,899,386,475 13,395,000 3,089,273,251 16,645,000 3,513,825,696 17,260,000 3,714,269,542 16,591,247 0.34% 0.46% 0.54% 0.49% 0.45% 117 Net Bonded Debt per Capita 280 396 481 490 468 Fiscal Year 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Fiscal Year 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 (1) (2) CITY OF PALM BEACH GARDENS, FLORIDA Debt Related Statistics Schedule of Revenue Bond Coverage Enterprise Funds Last Ten Fiscal Years Net Revenue Gross Available for Revenue Expenses Debt Service 792,795 $ 554,201 $ 238,594 995,978 755,506 240,472 1,225,043 990,313 234,730 1,394,166 1,067,046 327,120 1,537,421 1,072,244 465,177 1,584,044 1,071,665 512,379 1,606,694 1,090,150 516,544 1,538,645 1,029,033 509,612 1,411,557 1,062,458 349,099 1,365,031 1,074,186 290,845 Debt Service Requirements Principal Interest Total Coverage 170,000 180,000 190,000 205,000 215,000 230,000 245,000 265,000 575,013 $ 575,013 0.41 575,013 575,013 0.42 575,013 745,013 0.32 564,303 744,303 0.44 552,783 742,783 0.63 540,433 745,433 0.69 526,903 741,903 0.70 512,604 742,604 0.69 497,195 742,195 0.47 480,535 745,535 0.39 Gross revenue does not include the half-cent sales tax recorded in the general fund which is deemed to be included in the calculatiot~ of gross revenues for compliance with the bond resolution. The City has complied with all bond covenants each year the bonds have been .outstanding. Represents total Golf Course expenses excluding depreciation, amortization and debt service. 118 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i i I I CITY OF PALM BEACH GARDENS, FLORIDA Demographic Statistics Last Ten Fiscal Years Fiscal Year Palm Beach Palm Beach County Palm Beach Gardens Per Capita Gardens Unemployment Income(I)Population(2)Rate(3) 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 $30,901 32,230 33,518 35,078 37,375 38,772 40,044 N/A N/A N/A School Enrollment(4) 27,553 6.1%5,383 28,635 5.2%6,167 30,046 5.1%6,165 31,011 4.2%6,699 31,909 3.9%6,949 33,229 3.7%7,091 33,824 3.1%7,129 34,577 2.9%7,213 35,236 2.8%7,275 35,463 2.5%9,226 (1) (2) (3) (4) U.S. Bureau of Economic Analysis Florida Bureau of Economic Research Bureau of Labor Statistics Palm Beach County School Board 119 CITY OF PALM BEACH GARDENS, FLORIDA Property Value, Construction and Bank Deposits Last Ten Fiscal Years Fiscal Number of Construction Bank Year Permits Value Deposits( (1) (2) 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001. Source: 2,314 2,904 2,928 3,056 3,010 2,592 2,724 2,556 2,721 3,262 $ 92,138,618 $ 7,955 128,642,760 7,728 129,545,185 8,197 186,955,514 9,055 152,518,594 9,545 135,161,808 9,911 107,395,727 10,716 116,617,786 13,283 135,676,825 13,183 170,899,683 12,927 Expressed in millions Beginning in fiscal year 2001, property values were identified by commercial, residential, or miscellaneous permit activity which agrees with total construction value. City of Palm Beach Gardens. Florida Bankers Association. Business Development Board of Palm Beach County. Palm Beach County Property Appraiser. 120 I I I I I I I I I I I I I I i I t I I I I I I I I I I I I I I I I I I I I Commercial N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 25,026,455 Property Value Residential Industrial N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 100,652,385 N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 45,220,843 121 CITY OF PALM BEACH GARDENS, FLORIDA Principal Taxpayers January 1, 2001 Taxpayer Lawrence Laundry TWC Golf Digest Ltd. Griphon Marlins Investors Ltd. Professional Golfers Association Devonshire Associates Ltd. Three 801 PGA Investments Ltd. TC Harrisburg Co. Ballenisles Country Club, Inc. Palm Beach Florida Hotel Mall Properties, Ltd. Grande at Palm Beach Total 2001 2001 Taxable Total Valuation Tax 133,000,000 $ 3,259,201 23,210,877 1,916,439 40,245,443 954,462 34,504,920 896,487 33,820,560 811,301 28,893,649 674,399 27,503,623 658,253 14,229,225 651,134 25,671,359 616,162 17,429,975 592,251 11,951,024 521,466 $ 390,460,655 $11,551,555 Source: Palm Beach County Property Appraiser. 122 Percentage Of Total Taxable ¯ Valuation 3.58% 0.62% 1.08% 0.93% 0.91% 0.78% 0.74% 0.38% 0.69% 0.47% 0.32% 10.50% I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I i I I I I Date of Incorporation Form of Government Geographic Location Al"ea Square Miles Miles of Streets Population 1970 1980 1990 2000 Fire Protection Fire fighters Fire Medics Volunteer Firefighters Stations I.S.O. Rating (1) Police Protection Sworn Officers Crossing Guards Civilian Building Permits Permits Issued Value of Permits Recreation Facilities Parks Park Area in Acres Golf Courses Soccer Fields Roller Hockey Rinks Ballfields Tennis Courts Playgrounds CITY OF PALM BEACH GARDENS, FLORIDA Miscellaneous Statistics September 30, 2001 June 20, 1959 Council - Manager 7 miles north of West Palm Beach 56.0 67.16 6,102 14,407 22,965 35,058 57 32 20 3 3 87 10 29 3,262 $ 170,899,683 6 168 1 10 2 19 16 8 123 CITY OF PALM BEACH GARDENS, FLORIDA Miscellaneous Statistics September 30, 2001 (Continued) Elections Registered Voters Votes Cast in Last Municipal Election Voting Percentage 24,995 5,346 21.39% Municipal Full-Time Employees Administration Finance Fire Growth Management Human Resources Parks and Recreation Police Public Works 13 6 94 23 6 36 123 49 Total 350 (1)The City is currently undergoing accreditation through the Commission on Fire Accreditation International. 124 I I I I I 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 I I I OTHER REPORTS NOWLEN, HOLT & MINER, P.A. C~,~l’ll~[l~ PUBLIC ACCOUNTA=I~EVEREI=r B. EOWARD T. HOLT. CPA WII.LIAM 8. MINE~ CPA WEST PALM SEACH OFFICE 215 FIFTH STREET, SUITE 200 POST OFFICE BOX 347 WEST PALM BEACH, FLORIDA 33402-0347 TELEPHONE (561) 659-30~0 FAX (561) a35-0625 ROBERT W. HENDRIX, JR., CPA IB ;IANET R. BARICEV1CH, CPA IMARK B. ELHILOW, PFS, CPA KATHLEEN A. MINER, CPA R. GREGORY SMITH, CFA ROBERT W. HELMREICH, CPA ¯ T~RRY L MORTON, JR,. CPA |N. RONALD BENNETT, CPA D~NIELA’ E, RUSSm~. CPA RICHARD M. ~O~EN, CPA II IDANIEL A. KIRCHMAN, CPA REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT A UDIT1-NG STANDARDS BELLE GLADE OFFICE 333 S. E. 2rid STREET POST OFFICE BOX 338 BELLE GLADE, FLORIDA 33430-0338 TELEPHONE (561) 996-5612 FAX (561) 996-6248 The Honorable Mayor and Members of the City Council City of Palm Beach Gardens, Florida We have audited the general purpose financial statements of the City of Palm Beach Gardens, Florida, as of and for the year ended September 30, 2001, and have issued our report thereon dated March 13, 2002. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the City of Palm Beach Gardens, Florida’s financial statements are free of material misstatement, we performed tests of the City’s compliance with certain provisions of law, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. I I I I I I I I I I 125 AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS ¯ FLORIDA INSTITUTE OF CERTIFIED PUBUC ACCOUNTANTS ¯ ACCOUNTING FIRMS ASSOCIATED INC. I I I I I I I I I I I I I I I I I I Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of Palm Beach Gardens’ intemal control over financial reporting in order to determine our auditing procedures for the purpose of expressing an opinion on the general-purpose financial statements and not to provide assurance on the intemal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the City’s ability to record, process, summarize and report financial data consistent with the assertions of management in the general-purpose financial statements. Reportable conditions are described below. Encumbrances Comment: We noted two significant open contracts that were not properly recorded as a reservation of fund balance. Encumbrances should be recorded into the accounting system upon the execution of an approved purchase order. If encumbrances are not recorded timely, then the City may not be aware of significant open contracts when making decisions about the expenditure of funds. In addition, unrecorded purchase encumbrances resulted in expenditures, on the budgetary basis, in excess of appropriated funds in the General Fund. Recommendation: We recommend that the City strictly follow its purchasing policies and procedures that require the approved purchase order be recorded as an encumbrance prior to the receipt of goods or an invoice payment. In addition, Council approval for a budget amendment should be obtained before any purchase order is issued that results in expenditures in excess of appropriations. Accounts Payable Comment: We noted during our subsequent cash disbursements testing that significant amounts of accounts payables were not properly accrued as of the end of the fiscal year. Recommendation: We recommend that management implement ongoing and year end policies and procedures to ensure that accounts payables are properly accrued. In addition, staff should be adequately trained to identify the proper period to record vendor invoices. 126 General Ledger Postings Comment: We noted that there were several improperly posted transactions, some of which were material to the financial statements. The following are some examples: ¯Grant revenues and engineering escrow deposits posted to miscellaneous revenue. ¯Operating transfers out posted to fund balance reserve accounts ¯Operating transfers into newly established capital projects funds posted directly into fund balance ¯Internal Service Fund capital lease contract posted to the General Long Term Debt Account Group ¯Loan proceeds in proprietary fund types recorded as revenue instead of long- term debt Recommendation: We recommend that all staff involved in posting transactions and journal entries be properly trained and supervised. In addition, higher level personnel should conduct general ledger account reviews periodically to check accounts for reasonableness. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general-purpose tin,racial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control over financial reporting would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, of the reportable conditions above we believe the accounts payable and general ledger posting comments are material weaknesses; We also noted other matters involving the intemal control over financial reporting that we have reported to the management of the City of Palm ¯ Beach Gardens, Florida in a separate letter dated March 13, 2002. This report is intended solely for the information and use of the audit committee, City Council, management, federal awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than those specified parties. March 13, 2002 127 I I I I I I I I I I I I I I I ! ! I I ! ! ! I I I I I I I I I I I I i I NOWLEN, HOLT & MINER, P.A. CEkrWli~D PUBLIC ACCOUNTANTS WEST PALM BEACH OFFICE 215 FIFTH STREET, SUITE 200 POST OFFICE BOX 347 WEST PALM BEACH, FLORIDA 33402-0347 TELEPHONE (561) 659-3060 FAX (561) 835-0628 MANAGEMENT LETTER EVERETT B. NOWLEN (1~0-1~$1), EI~WARD T. HOLT, CPA WlLUAM B. MINER, CPA ROBERT W. HENORIX, JR., CPA aANET R. BAPJCEV/CH, CPA MARK Bo ELHIL(3W, PF$, CPA KATHLEEN A. MINER, CPA R. GREGORY SMIIH, CPA ROBERT W. HELMREICH, CPA TERRY L MORTON, JR., CPA N. RONALD B~, CPA J. MICHAEL STEVENS, CPA DANIELA’ E. RUSSELl. CPA RICHARD M. SO3~IEN, CPA DANIEL A. KIRCHMAN, CPA The Honorable Mayor and Members of the City Council City of Palm Beach Gardens, Florida BELLE GLADE OFFICE 333 S. E. 2nd STREET POST OFFICE BOX 338 BELLE GLADE, FLORIDA 33430-0338 TELEPHONE (561) 996-5612 FAX (561) gtJr~248 We have audited the general-purpose financial statements of the City of Palm Beach Gardens, Florida as of and for the year ended September 30, 2001, and have issued our report thereon dated March 13, 2002. In planning and performing our audit of the general purpose financial statements of the City of Palm Beach Gardens, Florida for the year ended September 30, 2001, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to-provide assurance on the internal control structure. However, during our audit we noted certain matters involving the intemal control structure and other operational matters that are presented for your consideration. This letter does not affect our report dated March 13, 2002, on the financial statements of the City of Palm Beach Gardens, Florida. The status of these comments will be reviewed dtLring the next audit engagement. Our comments andrecommendations are intended to improve the internal control structure or result in other operating efficieneies. Our comments are based upon work done during our audit, and we do not want to imply that they cover every possible weakness. Our comments are summarized as follows: PRIOR YEAR COMMENTS THAT CONTINUE TO APPLY Police Extra Du.tv Billing Comment: During the audit, we noted weaknesses in imemal controls over the billing and collection for police extra duty revenue. The weaknesses in internal control are caused by billing and collections being accounted for by the same individual. Also, checks are not deposited timely, and may remain in the extra duty department for up to ten days prior to processing for deposit to the City’s bank account. 128 AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS" FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS "ACCOUNTING FIRMS ASSOCIATED INC, Police Extra Duty Billing - (Continued) Recommendation: Segregation of duties could be improved with checks being received and recorded in the finance department and a notice of cash received sent to the Extra Duty accounting person. These steps will allow the City to keep better control over billing and collections for Police Extra Duty billing. The extra duty billing .coordinator pointed out that invoice payments were being posted to other revenues and not forwarded to the Police Department to record the invoice payment. In addition, some departments have common customers which leads to posting errors. We recommend that the billing coordinator ask customers to clearly indicate on the memo portion of the check that the payment is for extra duty police officers. Management Response: Current administration has arranged to meet with the Police Department and implement procedures whereby Finance will take delivery of and record all payments received for extra duty police work insuring proper segregation of duties. A copy of all related cash receipts will then be provided to the extra duty billing coordinator. Pension Trust Funds Comment: The City is having difficulty receiving information from the Police Pension Trust Fund. In order to accurately record financial transactions in the City’s general ledger, the City must receive all pertinent information timely. Recommendation: In order to ensure that the pension transactions are accurately recorded in the City’s financial records, we recommend that the City develop a checklist of information needed and provide this checklist to the Police Pension Administrators. This list will help to ensure that the administrators are sending all the information needed by the City. Management’s Response: Current administration will work closely with the Pension AdministratOr in an effort to receive all pertinent information in a timely manner in order to record financial transactions in the City’s general ledger on a more current basis. 129 I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I Contractor Engineering Escrow Payments Comment: We noted that the City’s subsidiary ledger of contractor engineering deposits received does not agree with the general ledger control account. Recommendation: We recommend that the City reconcile the Quickbooks subsidiary ledger to the general ledger control account on at least a quarterly basis. This procedure will help the City keep a more accurate listing of engineering deposits on hand. Management’s Response: Current administration has reviewed the manner in which this activity has been handled in prior years and is in the process of implementing the necessary recommendations to achieve an accurate listing of all engineering escrow deposits on hand. Grant Compliance and Monitoring Comment: Procedures are not in place to ensure that grants are thoroughly evaluated before acceptance and a set of policies and procedures is not in place to ensure that significant grant requirements are followed. Recommendation: Written procedures should be put in place for the evaluation of all grant proposals before submission and a standard set of written policies and procedures should be developed for monitoring grant compliance requirements. These procedures should include giving one individual oversight responsibility for monitoring all grant compliance and developing checklists of grant compliance requirements and deadlines. Management’s response: The City has recently hired a Grants/Contracts Administrator. Written procedures have been developed and will be put in place during the current fiscal year. 130 CURRENT YEAR COMMENTS Encumbrances Comment: We notedtwo significant open contracts that were not properly recorded as a reservation of fund balance. Encumbrances should be recorded into the accounting system upon the execution of an approved purchase order. If encumbrances are not recorded timely, then the City may not be aware of significant open contracts when making decisions about the expenditure of funds. In addition, unrecorded purchase encumbrances resulted in expenditures, on the budgetary basis, in excess of appropriated funds in the General Fund. Recommendation: We recommend that the City strictly follow its purchasing policies and procedures that require the approved purchase order be recorded as an encumbrance prior to the receipt of goods or an invoice payment. In addition, Council approval for a budget amendment should be obtained before any purchase order is issued that results in expenditures in excess of appropriations. Management’s Response: Administration concurs with this recommendation and has been monitoring, all purchases and contracts to ensure compliance with all applicable policies and procedures. Accounts Payable Comment: We noted during our subsequent cash disbursements testing that significant amounts of accounts payables were not properly accrued as of the end of the fiscal year.. Recommendation: We recommend that management implement ongoing and year end policies and procedures to ensure that accounts payables are properly accrued. In addition, staff should be adequately trained to identify the proper period to record vendor invoices. Management’s Response: Under current administration, staff is being provided the necessary training to understand and implement on-going and year-end policies and procedures to ensure accounts payable activity is recorded to the proper period and all required accruals posted. EMS Billings Comment: We noted that the EMS accounts receivable general ledger control account did not agree with the detailed EMS subsidiary accounts receivable ledger. We needed to post a significant journal entry to reconcile the general ledger control account to the accounts receivable subsidiary ledger. 13t I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I EMS Billings - (Continued) Recommendation: We recommend that staff periodically reconcile the EMS accounts receivable general ledger control account to the EMS accounts receivable subsidiary ledger. This reconciliation should be done on a monthly basis. Management’s Response: Current administration is in the process of evaluating how this activity has been handled in prior years and is reviewing recommendations to resolve the issues by implementing procedures to reconcile EMS accounts receivable on a monthly basis. General Ledger Postings Comment: We noted that there were several improperly posted transactions, some of which were material to the financial statements. The following are some examples: ¯Grant revenues and engineering escrow deposits posted to miscellaneous revenue. ¯Operating transfers out posted to fund balance reserve accounts ¯Operating transfers into newly established capital projects ftmds posted directly into fund balance ¯.Internal Service Fund capital lease contract posted to the General Long Term Debt Account Group ¯Loan proceeds in proprietary fund types recorded as revenue instead of long- term debt Recommendation: We recommend that all staff involved in posting transactions and journal entries be properly trained and supervised. In addition, higher level personnel should conduct general ledger account reviews periodically to check accounts for reasonableness. Management’s Response: Under current administration, staff has been provided with additional training to recognize and evaluate daily activity to insure financial data is recorded properly in the City’s financial records. To that end, management is reviewing all journal entries and daily transactions for accuracy and appropriateness. 132 General Fixed Assets Comment: We noted that not all expenditures in governmental funds for general fixed assets in excess of the City’s capitalization policy were added to the General Fixed Asset Account ’.Group. In addition, we noted that an asset contributed to the City by a developer was not properly recorded into the City’s fixed asset records. Recording all general fixed asset and proprietary fund asset additions is important in order to maintain adequate fixed asset controls. Recommendation: We recommend that all capital outlay expenditures in governmental fund types periodically be reconciled to general fixed asset additions. In addition, we recommend that policies and procedures be implemented to ensure that all assets contributed to the City are recorded into fixed assets. A fixed asset contribution form could be filled out by the receiving department and forwarded to fmance to ensure that all contributions are recorded. Manqgement’s Response: Under current administration, the appropriate measures have been put in place and are designed to reconcile all general fixed asset additions, deletions and contributions on a quarterly basis. Accounting System~Software Comment: We noted!that the accounting system did not produce the desired output for both staff members and the auditors. Sometimes we worked "around the system" in order to get desired output. An example is where we asked for a detailed accounts payable by vendor. Staff supplied us with a check register for a month and a half after the year-end and summarized the checks for services prior to the year-end to arrive at an accounts payable amount. An accounts payable by vendor report should be readily available. Recommendation." We recommend that the City work with staff either through additional software and systems training or by exploring the option of replacing the existing system witha new system more suited to the City’s expanding needs. Management’s Response: We agree with this recommendation and are currently exploring the City’s needs and available options with the City’s IS Department. 133 I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I COMPLIANCE WITH FLORIDA STATE STATUTES Compliance with Florida Statute 218.503 Management of the City has determined that the City is not in a state of financial emergency as defined under Section 218.503. In connection with our audit of the general purpose financial statements of the City, we applied the financial condition assessment procedures pursuant to Chapter 10.556(8) Rules of the Auditor General. The results of our tests did not indicate that the City is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1). However, our audit does not provide a legal determination on the City’s compliance with this requirement. Compliance with Florida Statute 218.32 The financial report for the City of Palm Beach Gardens, Florida to be filed with the Department of Banking and Finance pursuant to Section 218.32(1)(b), Florida Statutes has not been issued as of the date of this report. Compliance with Florida Statute 218.415 The Management of the City of Palm Beach Gardens, Florida has determined that the City is in compliance with chapter 218.415, Florida Statutes regarding investments. Based upon our audit of the City’s general-purpose fmancial statements, the results of our tests disclosed no instances of noncompliance with chapter 218.415, Florida Statutes, regarding investments. However, our audit does not provide a legal determination on the City’s compliance with this requirement. Oversight Unit and Component Units The City of Palm Beach Gardens, Florida is a municipal corporation organized pursuant to House Bill 2186, Laws of Florida, 1959. Based upon the application of criteria defined in publications cited in Chapter 10.553, Rules of the Auditor General, the City has determined that there are no component units operating within the jurisdiction of the-City that would be required to be included in the general purpose financial statements of the City. 134 Other Current Year Comments Our audit did not disclose any further items that would be required to be reported under Chapter 10.554(1)(f), Rules o f the Auditor General. This report is intended solely for the information and use of the City Council and management, and is not intended to be and should not be used by anyone other than those specified parties. March 13, 2002 135 I I I I I I I I I I I I I i I I I I I CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING APRIL 4, 2002 The April 4, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag ROLL CALL: The Interim City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, Councilmember David Clark, Councilmember Joseph R. Russo, and Councilmember Annie Delgado. ITEMS & REPORTS BY MAYOR AND COUNCIL: Identify Planning & Zoning Council Member Liaison - Councilmember Sabatello indicated he was willing to continue as liaison to the Planning & Zoning Commission. Councilmember Delgado thanked those who had helped in her campaign. Councilmember Russo reported that he, Mayor Jablin, and Councilmember Delgado had attended the North County Intergovernmental meeting regarding traffic, and the county was looking at amending the traffic performance standards ordinance. North County’s concern was to assure the amendment would make traffic better and not worse, and Councilmember Russo requested a letter to this effect be sent to the County Commission. Councilmember Russo reported a steering committee had been appointed at the economic summit consisting of three business leaders to meet with Commissioner Marcus, and that they had met to discuss affordable housing and building a commerce park. Councilmember Clark reported the City’s Environmental Consultant had addressed the Beautification and Environmental Committee and explained preservation of wetlands and uplands; and a brochure was planned for residents regarding preservation areas in the city. CITY MANAGER REPORT: Stormwater Management Plan: City Engineer Dan Clark presented a stormwater management plan. Discussion ensued regarding the possibility of Northern Palm Beach County Improvement District taking responsibility for some areas. Other items discussed were a possible a straw ballot to be held in November to determine public opinion on this issue, and a Blue Ribbon Committee of citizens to address funding. Sidewalk Plan - Public Works Director Hoyt Owens presented a 5-year sidewalk plan with 20 streets to be overlaid during FY 2002 as recommended by a pavement evaluation company. COMMENTS FROM THE PUBLIC: Robert Litzenberger, 9570 Ohio Place, Boca Raton, reported he ran a food concession at the Lake Park Home Depot and had been told by staff he could not operate outside the doors of Home Depot, and requested this code item be changed to allow outside sales. A majority of three members of the City Council expressed their positions not to change this item in the code. Joan Altwater, Vice President, Cypress Hollow Homeowners Association, reported a traffic backup on Northlake Boulevard because of people attending Christ Fellowship CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 2 Church during the Easter weekend, which prevented members of their community from getting out. The police report on this issue was given to Ms. Altwater. Police Chief FitzGerald explained that a plan would be developed to address this issue before next Easter Sunday. Keith Paulus, 10100 Hunt Club Lane, President of Hunt Club Homeowners Association, requested a process be put into place regarding what was allowed regarding parking and noise at Christ Fellowship Church. Kelvin Wise, Code Enforcement Administrator, indicated a procedure was in place with a code enforcement officer on duty during the weekends. Citizens were directed to call code enforcement at 799-4245 to leave messages regarding problems during weekends; Vice Mayor Sabatello noted dispatch personnel should be updated regarding special permits, since most residents called dispatch. Councilmember Russo asked that a plan be worked out with the church. William C. Ingram, PGA National, requested "no parking" signs be placed along Hunt Club Drive. CONSENT AGENDA: Councilmember Clark moved approval of the consent agenda with the following item pulled: item j - Resolution 50. Councilmember Russo seconded the motion, which carried by unanimous vote of 5-0. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the March 7, 2002 Regular City Council Meeting. b. Consideration of approving Minutes from the March 14, 2002 Canvassing Board Meeting. c. Consideration of approving Minutes from the March 21, 2002 Regular City Council Meeting. d. Resolution 32, 2002 - P.G.A. Resort Community Golf Course Plat. Consideration of approving P.G.A. Resort Community Golf Course Plat. e. Resolution 33, 2002 - MacArthur Parcels. Consideration of approving MacArthur Parcels 12.04 & 12.05, A P.U.D Plat. f. Resolution 48, 2002 - Congress Avenue Extension. Consideration of requesting Palm Beach County to include the design and construction of the Congress Avenue extension, as a four-laned road, from Northlake Boulevard northeast to Alternate A1A on the Palm Beach County 5-year Capital Improvement Plan (CIP), and in Exhibit A of the Palm Beach County Five Year Road Program. g. Resolution 51, 2002 - Summer Camp Transportation Services. Consideration of accepting the proposal from Jupiter School Bus Service, Inc. to provide summer camp transportation. h. Resolution 45, 2002 - Purchase of two transport rescue units. Consideration of approving the "Piggyback" purchase of two transport rescue units. i. Resolution 46, 2002 - Reappointment of Municipal Complex Art Task Force. Consideration of reactivating the Municipal Complex Art Task Force and extending the dissolution date for a period of one year. j. Proclamation - "Community Development Week" recognizing the efforts of the Community Development Program. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 3 Resolution 50, 2002 - Fire Station No. 5 at Frenchman’s Reserve. Consideration of approving a site plan for an 8,620 square foot Fire Rescue and Police Substation within the Frenchman’s Reserve Planned Community District (PCD). Councilmember Russo expressed concern that this fire station had not been planned for two more budget years because of not enough demand, and if it were needed there would be another severe tax problem. Councilmember Russo commented that County Commissioner Marcus had indicated the County might work with the City using Station 16 in the interim. Fire Chief Bergel explained that approval now would mean the station would not open for another year and the cost was covered in the forbearance agreement as well as $500,000 to offset the first year of operations, and that the County would not cooperate. Councilmember Russo stated he would not put a double digit tax increase on the residents, would not vote for this until he knew where the dollars were, and requested a meeting with Commissioner Marcus. Discussion ensued. Councilmember Russo moved approval of Resolution 50, 2002. Councilmember Clark seconded the motion, which carried 5-0. PUBLIC HEARINGS: Ordinance 2, 2002 - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 2, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date - for consideration of first reading, continued from 1/10/02. Councilmember Clark made a motion to continue Ordinance 2, 2002 to the City Council meeting of May 2, 2002. Councilmember Russo seconded the motion, which carried by a unanimous 5-0 vote. Resolution 4, 2002 - Mayor Jablin declared the public hearing open, held on the intent of Resolution 4, 2002 - Approving an application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3/4 miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000 - continued from 1/10/02. Councilmember Clark made a motion to continue Resolution 4, 2002 to the City Council meeting of May 2, 2002. Councilmember Russo seconded the motion, which carried by a unanimous 5-0 vote. Ordinance 44, 2001 - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 44, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 4 consideration of first reading continued from 1/10/02. Councilmember Clark made a motion to continue Ordinance 44, 2002 to the City Council meeting of May 2, 2002. Councilmember Russo seconded the motion, which carried by a unanimous 5-0 vote. Ordinance 12, 2002 - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 12, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval to adopt the Florida Fire Prevention Code; Repealing Article III, "Standards," of Chapter 38, "Fire Prevention and Protection," of the City Code of Ordinances in its entirety and adopting a new Article III, "City of Palm Beach Gardens Fire Code;" providing for codification; providing for severability; providing for conflicts; providing for transmittal to the State Fire Marshal; and providing for an effective date - for consideration of second reading. Heating no comments from the public, Mayor Jablin declared the public heating closed. Councilmember Clark made a motion that Ordinance 12, 2002 be placed on second reading by title only and approved. Councilmember Russo seconded the motion, which carried by a unanimous 5- 0 vote. The Interim City Clerk read Ordinance 12, 2002 on second reading by title only. Ordinance 15, 2002 - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 15, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for the repeal of ordinances in conflict herewith; providing for severability; and, providing for an effective date - for consideration of second reading. Staff provided a power point presentation. Source of funds, which was from reserves of the fleet fund already budgeted, was discussed. Councilmember Russo indicated he would like to discuss the issues before moving the money. Budget Committee member Harry DiChico reported that under a lease program there would be better maintenance and longer use of the vehicles, which would equate to more savings. Discussion ensued, with staff addressing specific questions from the City Council. Hearing no further comments from the public, Mayor Jablin declared the public heating closed. Councilmember Clark made a motion that Ordinance 15, 2002 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by a unanimous 5-0 vote. The Interim City Clerk read Ordinance 15, 2002 on second reading by title only. RESOLUTIONS: Resolution 24, 2002 - A resolution of the City of Palm Beach Gardens approving a Master Equipment Lease-Purchase Agreement with Ford Motor Credit Company for twenty (20) police patrol vehicles. Councilmember Russo made a motion to approve Resolution 24, 2002. Councilmember Clark seconded the motion, which carried by a unanimous 5-0 vote. Resolution 25, 2002 - A resolution of the City of Palm Beach Gardens approving "Piggyback" purchase of twenty vehicles, one forklift and one backhoe. Councilmember Russo made a motion to approve Resolution 24, 2002. Councilmember Clark seconded the motion, which carried by a unanimous 5-0 vote. Resolution 49, 2002 - A resolution of the City of Palm Beach Gardens approving a site plan to allow for the development of an approximately 10,000 square-foot day care facility, located within the Mirasol Planned Community District (PCD). Senior Planner Ed Tombari presented the project. Steve Mickley, agent, spoke on behalf of the CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 5 petitioner. Petitioner agreed to provide additional landscaping to the property line, to shut off outside lighting at a specified time, and to work with staff to determine the best breakaway barriers that would allow emergency vehicle access. Councilmember Clark made a motion to approve Resolution 49, 2002 with the additional changes read into the record previously by Council and staff. Vice Mayor Sabatello seconded the motion, which carried by a unanimous 5-0 vote. Resolution 47, 2002 - A resolution of the City of Palm Beach Gardens approving a site plan for an approximately 14,000 square foot branch bank office with four (4) drive- through lanes and one ATM lane, located on the comer of PGA Boulevard and Kew Gardens Avenue, which is within the Regional Center DRI and PCD along PGA Boulevard, and amending Resolution 64, 1998, to relocate a ground sign. Planner Kara Irwin presented the landscape plan and the requested signage waiver for the project. Donaldson Heating spoke on behalf of the petitioner. Councilmember Clark made a motion to approve Resolution 47, 2002. Vice Mayor Sabatello seconded the motion, which carried by a unanimous 5-0 vote. Resolution 53, 2002 -A resolution of the City of Palm Beach Gardens awarding the bid for the Bums Road West improvements to Hubbard Construction Company. Vice Mayor Sabatello requested staff expedite the project and keep traffic flowing. Councilmember Clark made a motion to approve Resolution 53, 2002. Vice Mayor Sabatello seconded the motion, which carried by a unanimous 5-0 vote. ITEMS FOR DISCUSSION: Traffic Calming Policy Workshop - Principal Planner Steve Cramer reviewed the procedures to be followed for the proposed traffic calming policy. Staff indicated they could address the concern that it should take more than one person to be able to trigger the policy. Staff recommended that 80% of residents living nearby the areas where speed humps were proposed should agree to the installation. Councilmember Clark expressed his opinion that 66-2/3% would be sufficient. Councilmember Clark requested that staff think about how to define street segments or add a proviso to address what happened when everyone must use the road. Mr. Cramer indicated the Riverside Drive segment would meet the required threshold. It was the consensus of the City Council that a cost threshold be established for City Council review of requested traffic calming devices. CITY ATTORNEY REPORT: Councilmember Russo expressed concern that he was receiving mail indicating that he was being sued as Mayor. City Attorney Rubin provided assurance that he was closely monitoring the case. OTHER COMMENTS: Councilmember Delgado announced she had been selected to be on the Board of Directors of Florida League of Cities. Councilmember Delgado commented that in December she had attended a Town meeting in Palm Beach where she had been able to speak to Congressman Clay Shaw regarding drainage, and he was actively working toward federal funding for City drainage improvements. Congressman Foley had also been contacted and was expected to help with this matter. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 6 ADJOURNMENT: There being no further business to discuss, upon motion by Chair Pro Tem Clark, seconded by Councilmember Russo, carried 4-0, the meeting was adjourned at 10:27 p.m. APPROVAL: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO CHAIR PRO TEM DAVID CLARK COUNCILMAN JOSEPH RUSSO ATTEST: COUNCILWOMAN ANNIE DELGADO BLANE KAUTHEN INTERIM CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 1, 2002 Meeting Date: April 18, 2002 Subject/Agenda Item: Resolution 59, 2002-Mirasol Plat Four-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: City Attorney Finance ACM Other ean C. Donahue, P.E. Assistant City Engineer City Man~ er Originating Dept,: ~//,~Manag ement Advertised: [X ] Not Required Affected parties ~_J,.J~lotified [X] Not required Costs: $ 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None w/ BACKGROUND: See attached memorandum. RESOLUTION 59, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE BEACH GARDENS, FLORIDA, APPROVING THE FOUR PLAT AND, PROVIDING AN EFFECTIVE DATE. CITY OF PALM MIRASOL PLAT WHEREAS, the City engineer has reviewed the Mirasol Plat Four 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, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Mirasol Plat Four Plat consisting of five (5) sheets dated July 2001, prepared by Mock, Roos & Associates, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: ERIC JABLIN MAYOR CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 59, 2002 Page 2 of 2 VOTE: Mayor Jablin Vice Mayor Sabatello Councilwoman Delgado Councilman Clark Councilman Russo AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CML AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925- www.lbfh.com ’ TO: FROM: DATE: FILE NO. MEMORANDUM Blane Kauthen-Interim City Clerk Sean C. Donahue, PE (:~C43 April 1, 2002 01-4213 SUBJECT: Mirasol Plat Four We have completed our review of the plat for the referenced project prepared by Mock, Roos & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:WROJECTSWB GMEMO\4213\4213n CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 5, 2002 Meeting Date: April 18, 2002 Subject/Agenda Item: Consideration of Resolution 62, 2002, authorizing the Mayor and City Clerk to execute two Utility Easements in favor of Florida Power and Light Company Recommendation: Approval of Resolution 62, 2002 Reviewed by: City Attorney .,~ Submitted by: City AttorneyL~~ Originating Dept: City Attorney Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ]Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memorandum to Council Resolution 62, 2002 Utility Easements M E M O R A N D U M WATI-ERSON, HYLAND & KLETT, P.A. To: From: Subject: Date: Hon. Mayor and City Council Leonard G. Rubin, City Attorney Approval of Resolution 62, 2002 April 5, 2002 Ron Ferris, City Manager This is a request for approval of Resolution 62, 2002, authorizing the execution of two utility easements in favor of Florida Power and Light relating to the construction of Fire Station No. 3 on Northlake Boulevard. The first easement was necessitated by the relocation of certain utility poles located within the Northlake Boulevard right-of-way due to construction of roadway improvements related to the fire station. The second easement concerns existing power lines that currently lie within an ingress/egress easement connecting the FPL substation to Howell Lane. In exchange for the grant of this easement, FPL agreed to relocate its lines along the Howell Lane right-of-way at no cost to the City. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\HISTORY\020402A\446.9C(319.055)121 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 62, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TWO UTILITY EASEMENTS IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY RELATING TO THE CONSTRUCTION OF FIRE STATION NO. 3; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to complete roadway improvements along Northlake Boulevard and Howell Lane in connection with the construction of Fire Station No. 3, the City will be required to grant two Utility Easements in favor of Florida Power and Light Company for the placement, maintenance and relocation of electric utility facilities; and WHEREAS, the City Council determines that the grant of such easements is in the best interests of the health, safety and welfare of the citizens 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby authorizes and directs the Mayor and City Clerk to execute two Utility Easements in favor Florida Power and Light Company, as attached hereto as Exhibits "A" and "B" and incorporated herein by reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF ., 2002. -1- ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- PREPARED BY AND RETURN TO: Leonard G. Rubin, Esquire Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 UTILITY EASEMENT THIS UTILITY EASEMENT is made this ~ day of ., 2002 by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ("Grantor") and FLORIDA POWER & LIGHT COMPANY, a Florida public utility ("Grantee"). WITNESSETH: That said Grantor, in consideration of the sum ofTen Dollars ($10.00) and other valuable considerations paid, the receipt of which is hereby acknowledged, hereby grants unto Grantee, its licensees, agents, successors and assigns, a perpetual easement for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to installed from time to time with the right to reconstruct, improve, add to, enlarge, change the voltage and size and to remove such facilities within a strip of land ten feet (10’) width lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: LEGAL DESCRIPTION A-IEACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BY REFERENCE. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate same for communications purposes; the right to trim and cut and keep trimmed all dead, weak, leaning or dangerous trees or limbs which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. In exercising any of its rights under this Utility Easement, with the exception of trimming or cutting trees as permitted above, Grantee shall restore the property to the condition existing prior to the exercise of such rights, including the reconstruction of any improvements. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property Page 1 of 2 herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the GRANTOR has caused this Utility Easement to be executed the day and year first above written. Grantor: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor Attest: Interim City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this__ day of , 2002, by Eric Jablin, Mayor, and Blane Kauthen, Interim City Clerk who are personally known to me or has produced take an oath. as identification and who did NOTARY PUBLIC Print Name: My Commission Expires: P:\CPWin\HISTORY~011106A\43F.C5(319.062)lgr-doc122 Page 2 of 2 ~ BALLENISLES ........ ] UNPLATTED i I FLORIDA POWER AND LIGHT SUBSTATION PRIVATE z.NURSERY o THIS IS NOT A SURVEY i SOUTH LINE OF THE N.E. I/4 OF THE S.E. 1/4 OF THE S.E. 1/4 [I EAST LINE OF w ;.,’ ULTIMATE RIGHT-OF-I ./ SW1/.4,SE1/.4._~1 ’ WAY LINE NORTHLAKE .I ~ SE1/4,SE1/4 r-’.’,WEST LINE OF ,~"~ I / SWl/4,SE1/4 I ~I~BEGINNING ~ SE1/4,SE1/4 ~ NOl"46’3Z"E !:I ~NO~.~,~,,‘ k 10 O0 ~5315 S~FT S01"44’52"W ~ m~ ..... ~ .....~~~""~10.00’// S.E. CORNER SWl/4 ~ ~: ~I //~SE1/4,SE1/4,SE1/~ S~U~H UNE~X" I XS88"50’27"E ~ I JJY ~ ~ .... ~’ ~ . . . ~ . ~ N88~O~27"W " - Ir NORTH ~KE B~ULEFARDSTATE OF FLORIDA STATE ROAD DEPARTMENT / ~R/w MAP FOR ROAD ~09-A, SECTION NO. 9568-150 FPL EASEMENT POINT OF COMMENCEMENT SOUTHEAST CORNER SECTION 14. TOWNSHIP 4-2 SOUTH RANGE 4.2 EAST SURVEYOR AND MAPPER’S SIGNATURE 1.UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER,/ITHIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY’ AND IS/ I IOT VALID. CHARLES . t~S ,~i -S~O L SURV~OR ~ MAPPERSTATE OF FLORIDA NO. 450# L.B.P.H. CERTIFICATE NO. LB 959 REVISIONS: PROJECT NAME: CITY OF PALM BEACH GARDENS HOWELL LANE FIRE/POLICE STATION LEGAL DESCRIPTION & SKETCH LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 (561) 286--3883 FAX: (.561) 286--392.5 WEST PAU~ BEACH PALM CITY FORT PIERCE OKEECHOBEE Scale 1 "=200’ Date 10--29--01 Field N/A Computed CHA Checked JAW Sheet 1of 2 Drawing No. Field Book N/A PB. N/A Project No. 99 -4056 CORNER NORTH LAKE BLVI~. r 13 24 SURVEY NOTES I) THIS IS NOT.A SURVEY. 2) BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 14, TAKEN TO BEAR NORTH 88"30’27" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 3) FOR ADDITIONAL SURVEY INFORMATION, SEE BOUNDARY & TOPOGRAPHIC SURVEY PREPARED BY LB.F.H., INC., TITLED: CITY OF PALM BEACH GARDENS, HOWELL LANE- 8 ACRES, DRAWING NO. 994056S02, SHEET 1 OF 1, DATED 9/16/99. LEGEND 1) R/W-= RIGHT-OF-WAY. 2) ORB = OFFICIAL RECORDS BOOK. 3) PG. = PAGE. 4) SQ. = SQMARE 5) FT. = FEET 6) FPL = FLORIDA POWER & LIGHT VICINITYSKETCH NOT TO SCALE DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER (SWll4), SOUTHEAST ONE-QUARTER (SEll4), SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER (SEl/4) OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST; ,, THENCE NORTH 88030’27" WEST, ALONG THE SOUTH LINE OF SAID SECTION 14, 331.46 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER (SWl/4), SOUTHEAST ONE-QUARTER (SE1/4), SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER (1/4) OF SAID SECTION 14: THENCE NORTH 01 °44’52" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER (SW1/4), SOUTHEAST ONE-QUARTER (SE1/4), SOUTHEAST ONE-QUARTER (8El/4), SOUTHEAST ONE-QUARTER (SEl/4) OF SAID SECTION 14, 6.28 FEET TO A POINT ULTIMATE RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD AND THE POINT OF BEGINNING; THENCE NORTH 88°30’27VVEST, ALONG SAID ULTIMATE RIGHT-OF-WAY LINE, 331.47 FEET TO A POINT IN THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER (SW1/4), SOUTHEASTONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER (SEl/4); THENCE NORTH 01°46’37" EAST, ALONG SAID WEST LINE, 10.00 FEET; THENCE SOUTH 88°30’27" EAST, 331.46 FEET TO A POINT IN THE SAID EAST LINE OF THE SOUTHWEST ONE-QUARTER (SW1/4), SOUTHEAST ONE-QUARTER (SEll4), SOUTHEAST ONE-QUARTER (SEl!4), SOUTHEAST_ONE-_QUARTER (SEl/4)SECTION THENCE SOUTH 01044’52" WEST, ALONG SAID EAST LINE, 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3315 SQUARE FEET MORE OR LESS. FPL EASEMENT THIS IS’NOTA SURVEY UNDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS 3550 S.W. CORPORATE PARKWAY PALM crlT, FLORIDA 34990 (561) 286-3883 FAX: (561) 286-3925 WEST PALM BEACH PALM CFI’Y FORT PIERCE OKEECHOBEE Scole Date 10-29-01 REVISIONS: PROJECT NAME: CITY OF PALM BEACH GARDENS HOWELL LANE FIRE/POLICE STATION LEGAL DESCRIPTION & SKETCH Field . N/A Computed CHA Checked JAW Sheet 20f 2 Drawing No. Field Book N/A Pg. N/A Project No. 99 -4056 PREPARED BY AND RETURN TO: Leonard G. Rubin, Esquire Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 UTILITY EASEMENT THIS UTILITY EASEMENT is made this __ day of ., 2002 by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ("Grantor") and FLORIDA POWER & LIGHT COMPANY, a Florida public utility ("Grantee"). WITNESSETH: That said Grantor, in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid, the receipt of which is hereby acknowledged, hereby grants unto Grantee, its licensees, agents, successors and assigns, a perpetual easement for the construction, operation and maintenance of underground electric utility facilities (including wires, guys, cables, conduits and appurtenant equipment) with the right to reconstruct, improve, add to, enlarge, change the voltage and size and to remove such facilities within a strip of land thirty feet (30’) in width lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BY REFERENCE. Together with the right to keep the land cleared of all trees, undergrowth and other obstructions within the easement area. In exercising any of its rights under this Utility Easement, Grantee shall restore the property to the condition existing prior to the exercise of such rights, including the reconstruction of any improvements.. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the GRANTOR has caused this Utility Easement to be executed the day and year first above written. Page 1 of 2 Grantor: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor Attest: Interim City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of 2002, by Eric Jablin, Mayor, and Blane Kauthen, City Clerk who are personally known to me or has produced as identification and who did take an oath. NOTARY PUBLIC Print Name: My Commission Expires: P:\C PWin\H ISTORY~011106A\43F.C4(319.062)lgr-doc122 Page 2 of 2 , ~__~ THIS IS NOT A SURVEY (/PLAT OF ~BALLENISLES " PODS (I~?I~.I~D 20b~ ~ ___ PG.167-170) f FLORIDA POWER AND LIGHT N45"42’45"E ~ I .~SUBSTATION 14.41’~l ~.:__o ¯ $88"13’23"E 30.O0’--p,,----I--r~ 1. N89 44’13 E . /,~od If ~’~81~)’6 ?t~"W ~’-~-I ...."~~ . UNPLATTED /~~"’ :--$45"42’45"W I "1 2041 SQ FT I ~i. 8.38’I I " " I I ~;~ ~ ~,i NURSERY I ~ql.~l EAST LINE OF ,~. ~-I ./ FPL EASEMENT ’ "~ --~’~ ORB. 2852, PG. 1133 I WEST LINE OF (~ i/ SE1/4,SE1/4,SE1/4 SOUTH LINE SEI/4,SEI/4,SEI/4 1 " SECTION~ __14 ~ I J --C"~N88"30’27"W 662.93’ NORTH LAKE BOULEVARD STATE OF FLORIDA STATE ROAD DEPARTMENT R/W MAP FOR ROAD 809-A, SECTION NO. 9568-150 23 24 SOUTH LINE OF THE N.E. 1/4 OF THE S.E. 1/4 OF THE S.E. 1/4 POINT OF COMMENCEMENT SOUTHEAST CORNER SECTION 14 TOWNSHIP 42 SOUTH RANGE 42 EAST FPL EASEMENT SURVEYOR AND MAPPER’S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONlY A,D~tS NOT /fLID. 2. NO SEARC QF THE I~BLIC RECORDS H~,S BEEN MADE BY THIS OFFICE. CHARLES H.. ~43ERSON IgROFESSI~AL SURV~OR & MAPPER STATE OF FLORIOA NO. 4592, LB.F.H. CERTIFICATE NO. LB 959 REVISIONS: PROJECT NAME: CITY OF PALM BEACH GARDENS HOWELL LANE FIRE/POLICE STATION LEGAL DESCRIPTION & SKETCH UNDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 (561) 286-:.3883 FAX: (561) 286-3925 WEST PALM BEACH PALM crIY FORT PIERCE OKEECHOBEE Scale 1 "=200’ Date 10-29-01 Field I N/A Computed CHA Checked JAW Sheet 1 Of 2 Drawing No. Field Book N/A Pg. N/A Project No. 99-4056 N~r CORNER 13 DESCRIPTION: SURVEY NOTES I) THIS IS NOT A SURVEY. 2) BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 14, TAKEN TO BEAR NORTH 88"50’27" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 3) FOR ADDITIONAL SURVEY INFORMATION, SEE BOUNDARY & TOPOGRAPHIC SURVEY PREPARED BY LB.F.H., INC., TITLED: CITY OF PALM BEACH GARDENS, HOWELL LANE- 8 ACRES, DRAWING NO. 994056S02, SHEET 1 OF 1, DATED 9/16/99. LEGEND I) .R/W = RIGHT--.OF-WAY, 2) ORB = OFFICIAL RECORDS BOOK. 3) PG. = PAGE. 4) FPL = FLgRIDA POWER & LIGHT 5) SQ. = SQUARE 6) FT. = FEET VICINITY SKETCH NOT TO SCALE A PARCEL OF LAND LYING IN THE SOUTHEAST ONE-QUARTER (SEll4), SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER (SEl/4) AND THE NORTHEAST ONE43UARTER (NEll4), SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE4~UARTER (SEl/4) SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIPBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST; ," THENCE NORTH 88°30’27" WEST, ALONG THE SOUTH LINE OF SAID SECTION 14, 662.93 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER, SECTION THENCE NORTH 01 °46’37" EAST, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER (SEll4), SOUTHEAST ONE-QUARTER (SEl/4), SOUTHEAST ONE-QUARTER (SEl/4) OF SECTION 14, 652.72 FEET; THENCE SOUTH 88°13’23" EAST, 30.00 FEET TO A POINT IN THE EAST LINE OF THAT CERTAIN FLORIDA POWER AND LIGHT EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 2832, PAGE 1133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINTOF BEGINNING; ¯ THENCE NORTH 01°46’27. EAST, ALONG SAID EAST LINE, 14.41 FEET; THENCE NORTH 45°42’45" FAST, 2.04 FEET; THENCE NORTH 89°44"13" EAST 201..05 FEET; _ _ THENCE SOUTH 01°43’39" WEST, .10.0_1 FEET; THENCE SOUTH 89°44’13" WEST 196.66 FEET; .... THENCE SOUTH 45°42’45" WEST, 8.38 FEET TO THE POINT OF BEGINNING. CONTAINING 2041 SQUARE FEET, MORE OR LESS. FPL EASEMENT THIS IS" NOT A SURVEY REVISIONS: PROJECT NAME: CiTY OF PALM BEACH GARDENS HOWELL LANE FIRE/POLICE STATION LEGAL DESCRIPTION & SKETCH UNDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS ,3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 (561) 286-3883 FAX: (561) 286-3925 WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE Scale Date 10--29-01 Field N/A Computed JAW Checked OHD Sheet 20f 2 Drawing No. Field Book N/A Pg. N/A Project No. 99-4056 CITY OF PALM BEACH GARDENS PALM BEACH CO UNTY, FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 28 through May 4, 2002, as MUNICIPAL CLERK WEEK, in the City of Palm Beach Gardens and extend appreciation to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 21st Day of March, in the year Two Thousand and two. MAYOR ATTEST: BLANE KA UTHEN INTERIM CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 18, 2002 Date Prepared: April 1,2002 SUBJECT/AGENDA ITEM Consideration of Approval: Resolution 44, 2002, the re-appointment of two (2) regular members, one (1) alternate member and the appointment of one (1) regular member and one (1) alternate to the Art Advisory Committee. RECOMMENDATION Staff recommends that the City Council approve Resolution 44, 2002. Reviewed by: Principal Planner "~’~ Talal Benoth m an~"~ City Attorney (~z~~ Leonard G. Rubin Development Compliance Bahareh Keshavarz, AICP Submitted by: Growth ~ Manag~(~ Director .~, Charles K. Wu, AICP Approved by.~ City M a nag e~’~/~4~ Ronald M. Fed’is Originating Dept.: Growth Management: Project Manager Kara Irwin Advertised: Date: Paper: 1[~-Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA Art Advisory Committee Recommendation: [ ] Approved [ ] App. w/conditions [ ] Denied IX] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Table 1 ¯ Resolution 44, 2002 ¯ Guy Norman’s Resume (applicant) ¯ David Miller’s Resume (applicant) ¯ Sheryl Wood’s Resume ¯ Garri Katz’s Resume ¯ Ted Thobum’s Resume ¯ Raymond Katz’s Resume City Council Meeting Date: April 18, 2002 Date Prepared: April 1, 2002 REQUEST Pursuant to Division 5, "Public Places", Section 78-261, Art Advisory Committee, there are five regular members and two alternate members on the committee, who shall serve for terms of three years. According to City records, the terms of two regular members and one alternate member expired on March 21,2002. The proposed resolution is to re-appoint Art Advisory members whose terms have expired. On January 28, 2002, the Art Advisory Committee recommended the re-appointment of the three members whose terms had expired (Sheryl Wood, Garri Katz and Theodore Thoburn (alternate)). Mr. Katz and Mr. Thoburn were originally appointed on October 21, 1999, and have served on the Committee for almost three years. Mrs. Wood was originally appointed on August 6, 1998, and has served for almost four years. The committee also reviewed the applications of two prospective applicants, but decided to reappoint the three members who had expressed the desire to continue to serve on the committee. On March 25, 2002, the Art Advisory Committee recommended the appointment of David Miller as an alternate member to the Art Advisory Committee. A regular member of the Committee was no longer eligible to serve, so the Committee recommended appointing alternate Raymond Katz to the vacant regular position, which left an alternate position open for a new member. Mr. David Miller was one of the founding members of the Art Advisory Committee and has expressed an interest in serving on the Committee again. Section 2-84, Terms of Membership, of the City Code of Ordinances limits the terms of membership of any City Board to six consecutive years unless no eligible candidate shall be available to fill the vacancy. However, the City Council may determine, in the exercise of its discretion that a member’s reappointment is in the best interest of the City, notwithstanding that the member will serve longer than six consecutive years. The re-appointment of Sheryl Wood will extend her appointment to seven (7) consecutive years, after which her appointment would be at the discretion of the City Council. The Art Advisory Committee has recommended the re-appointment of the three members and the appointment of the two members to City Council. It is also staff’s position that the three members should be re-appointed based on their level of activity and commitment to the Art Advisory Committee. ART ADVISORY COMMITTEE RECOMMENDATION The Art Advisory Committee recommends the re-appointment of regular members Sheryl Wood and Garri Katz and the re-appointment of alternate member Theodore Thoburn. In addition, the Committee recommends the appointment of Raymond Katz, as a regular member, and David Miller, as an alternate. 2 City Council Meeting Date: April 18, 2002 Date Prepared: April 1,2002 RECOMMENDATION Staff recommends approval of Resolution 44, 2002, which approves the re-appointment of two (2) regular members, one (1) alternate member and the appointment of one (1) regular member one (1) alternate member to the Art Advisory Committee. City Council Meeting Date: April 18, 2002 Date Prepared: April 1, 2002 MEMBERS David Porter (Chairman) Caren Hackman Garri Katz Sheryl Wood Raymond Katz (Altemate)* Theodore Thoburn (Alternate) APPOINTMENT DATE 9/6/90 12/19/91 10/21/99 8/6/98 10/21/99 10/21/99 EXPIRATION DATE 10/01/2004 10/01/2004 3/21/2002 3/21/2002 6/6/2004 3/21/2002 PROPOSED EXPIRATION DATE 4/18/2005 4/18/2005 4/18/2005 *As regular member 4/18/2005 David Miller (Alternate)Proposed 4/18/2002 4/18/2005 As an alternate Cynthia Grey**11/20/97 6/6/2004 **Moved outside City limits 4 Meeting Date: April 18, 2002 RESOLUTION 44, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE REAPPOINTMENT OF TWO (2) REGULAR MEMBERS, ONE (1) ALTERNATE MEMBER AND APPOINTMENT OF ONE (1) REGULAR MEMBER AND ONE (1) ALTERNATE MEMBER TO THE ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 78-261 of the City of Palm Beach Gardens Code of Ordinances provides for the appointment of members to the Art Advisory Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 106-28 of the Palm Beach Gardens Code of Ordinances, Sheryl Wood (regular member), Garri Katz (regular member), and Theodore Thoburn (alternate member) are hereby reappointed as members of the Art Advisory Committee. Raymond Katz is hereby appointed as a regular member and David Miller is hereby appointed as an alternate member of the Art Advisory Committee of the City of Palm Beach Gardens, Florida. All appointments are for 3-year terms, which terms shall expire April 18, 2005. SECTION 2. Pursuant to Section 2-84 of the Palm Beach Gardens Code of Ordinances the City Council has determined that the members’ reappointments are in the best interest of the City. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2002. ATTEST BY: MAYOR ERIC JABLIN CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY Resolution 44, 2002 Meeting Date: April 18, 2002 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER RUSSO AYE NAY ABSENT 2 City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink "/ Board(s) Applied for: . Name: (Pri,,O Q~O~. ~"~ ~ O~d _ .- Telephone: Day ~ How long have you been a resident of Palm Beach Gardens? 7 Cu~ent Employer: Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) Educational Background Community Activities (Include offices held and committee service) Signature Date Applications are valid ~ r two (2) years from the date they are signed. Return to City~ Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. PRGFESSOR GUY NORMAN B I 0 G R A P H Guy Norman graduated from : The University of Pennsylvania Wharton School of Business and Pratt Institute School of Interior Design, with Honors. Guy Norman esta~|ished the firm of GUY NORMAN LTD., INC., after many years in executive capacities with major design firms in both New ¥o,:k Cit3 and Los Angeles, eventually moving the- firm to Fort Lauderdale, Flo~ida. The firm executed National and Inter-National Design/Planning projects promoting space utilization and the total interior environment for business, institutional, and public building facilities, high-end re~ident~ and related design services. He has been on retainer to many major busines: and corporate groups, and has served a~ Continuing Design Consultant to th~ American M_anagement Associations, Inc... creating all of their installation: world-wide. Mr. Norman both wrote, and c~aired the A.M.A. seminar entitle~ "Office Space Planning, Layout & Design", promoted throughout this country and abroad, and attended by Facilities Managers of most major corporations In 1988 Guy Norman made a-commitment to the higher educational college community by accepting a position as Professor of Art & Director/Interior Design Program at the College of New J~rsey, at the same time setting up a consultant practice to be of service to past clients on a contim~,.~ng has He also spent a short period teaching ~t the Bauder College, formerly in Fort Lauderdale.. In 1997 Professor Norman left his tenured position, and taught for ~ time at the Palm Beach Community College. qe plans to devote time to hie own consultant practice, as well as align himself with other aspects of the design profession that are challenging~ where his expertise in desi[n and facilities planning administration may be utilized. Professor Norman is the recipient of many national and regional demign awa and is listed i~ both the National and Inter-National publications o~ Baro Who’s Who in Interior Design. Throught .the years his work has appeared in many trade publ~[cations and articles. He may be reached as follow~: 8403 EAST TEL./ FAX GARDEN OAKS C IRCLE , 561 ¯ 7:# 5 .0999 PALM BEACH GARDENS,FLORIDA LIC.#399S Adar. Inc. 7816 Steeplechase Drive Palm 8each Gardens. FL 33418 "Z~ (~1) 848-0171 FAX (~1) 848-7816 DAVID MILLER VITA Member: International Society of Appraisers; Appraisers Association of America, Inc; American Society of. Appraisers; Better Business Bureau (by invitation). Cofounder P.B. Council of the Arts, Art in Public Places Committee, 1981 Ass’t treasurer, Performing Arts Center tax campaion, P.B. County, 1982 Treasurer, Tourist tax campaign, P.B. County, 1982 Chair, Sunfest Arts & Crafts, W.P.B., 1983 Chair, Boca Raon Art Mus. auction, 1985 Chair, P.8. Red Cross Auction, Art, 1985-89 Chair, Works of Art Comm., Boca Raton Art Mus., 1987 Nat’l. ~dvisory Board, Adam Walsh Child Resource Centers, 1988-91 Cofounder N.P.B.’s Chamber of Commerce Public Art Committee, 1989 Cochair, P.B.G. City Art Advisory Committee, 1989-90 Chair, Special Gifts, P.B. Red Cross Auction, 1990-91 Cochair, Artigras Art Show, P.B.G., 1990-91 Palm Beach County Courthouse An Advisory Committee 1999- Palm Beach International Airport An Advisory Committee 1995- Director: Sande Gallery, NYC, 1973-75 Sculture Now, NYC, 1975-77 Irving Galleries, Palm Beach, 1977-80 Art Investors, Int’l, W.P.B., 1980-90 Adar, Inc., 1990- Exhibitions Coordinator, Palm Beach Community College Museum~ Founding Coordinator, A.X. Trlndade Museum, Goa, India, 1993- Chairman, Exhibitions Committee, PBCC Art Gallery, Eissey P.B. Int’l Airport Art Comm. P.B. County Courthouse Art Comm. Art Advisor to: Palm Beach County Council of ~;he Arts, 1980 - present The Axmar Investment Co., NYC, 1980-90, Art: Advisor Boca Raton Museum of Art, 1980-86, Board of Direct:ors Barnett Bank of P.B. County, 1984~90 ’ " Wolff, Block art collection, W.P.B., 1985 National Development Co., W.P.B., 1985~ Art Founding Chair, Northwood Institute Art Advisory Council , 1985 Ballet FI. 1985-87, Board of Directors WXEL Auction, 1986, Art C~aiLTr~.n P~B. Trustees, FI. Philharmonic, 1986-90 Executive Comm., Boca Raton Museum of Art, 1987 Secretary and Trustee, Ann Norton Sculpture Gardens, W.P.8., 1988-90 Chair, Nominating Comm., Boca Raton Art Mus., 1989 Shapiro & Bregman art collection, W.P.B., 1989 Island Nat’l Bank, P.B., 1989-90, ~+~ .~k, is~-- Greenberg Traurlg, West Palm Beach & Boca Raton, 1998 Sunbeam Cprp, ILelray beach/Boca Raton, 1998-99 199448 Campus, 1994~7 I~vid Miller Vit;a pq. Z American Red Cross, Palm Beach County Chapter, 1991 - , Board of Directors Honorary Board, Boca Raton Museum of Art, 1991 - Biographee: Who’s Who in American Art, 1978- Who’s Who in the Southeast, 1990- Who’s Who in Amedca and InCl. Who’s Who, 199Z- Advisor: Arts Magazine, NYC, 1986-90 Participant: First "Art Law Seminar", NYC, 7/87 Juror: State of Florida Artist Grants, 1979 Boca Raton Museum 30th Annual Invitational, 1980 P.B. County Council of the Arts, Flagler Museum, 1980 State of Maryland Annual Exhibit, 1983 Boca Raton I~luseum, Glades Plaza Show, 1983 WXEL Auction ’86, Flagler Museum, 1986 Northbridge Center Art Committee, 1985 WXEL Art Auction, 1985-88 Palm Beach Post Pathfinders College Art Scholarships, 1986-9 3 Veto P.each Center for the Arts Under the Oaks 1998 & Vero Beach Arts Club & Center for the Arts B~enn~a] 199~ Mart~n Co~mty Arts Council ArtsFest 1998 & Mart.~n County Arts Counc.~l High School Art 1998 Curated: Artigras, NPCC, The Garderm, Palm Beach Gardens, 1999 "Sculpture Now", Aldrich Museum, Ridgefield, Ct., 1976 "Sculpture Now", St: Louis Museum of Art, 1977 Akston Monumental Sciulpture, Norton Gallery, W.P.B., 1981 "Akston", Boca Raton Mus. of Art, 1981 "Two Centuries of American Folk Art", Ritter Gallery, FIo, Atlantic U., Boca Raton, 1984 "Two Centuries of Amarican Folk Art", Touring exhibit, 1985-87 (Aspen ~tus: of Art, Veto Beach Center for the Arts) "Two Centuries of American Folk Art" second touring exhibit, 1987-89 (Sioux City, Davenport, Waterloo, la. and Charleston, W. Va.) Ugo di Portanova, Norton Gallery, W.P.B., 1990 "Stars In Florida", Ft. Lauderdale Museum of Art, 1992 P~)ss Collection of Contemporary American Graphics, Court House Cultural Center, Stuart, 1999 Speaker Norton Artist Guild, "Public Art", 1981 WPTV, "Public Art", 1981 WXEL, "Arts Focus: American Folk Art", 1984 Barrington Foundation Mus. of Amedcan Folk Art, 1984 Wodd Business Council, "Contemporary Collecting Trends", 1984 "Art In Public Places" Centel (AdelphJa) Cable Television interview "Art In Public Places" ad.v~sor to MacArdmr Foundation 1984-89 himerous docent exhibition lectures at. various museums WXEL Art Auction, 1985-88 WPTV, "Art Investment", 1986 Chief Executives Organization, "Art Investment", 1986 Armory Art Center An~l Luncheon, Palm Beach, 1994 Contemporary American Graphics, Northern Trust Bank, Stuart, 1999 Artic~l~s Written BY: 1986 Davicl Mill~tr Vita pq.~ Boca Raton Mus. of Art Artplus Magazine, "Lessons from the Spring Auctions", 1990 Boca Raton Mus. of Art Artplus Magazine, "Major Multiples", 1991 Amedcan Aidines Inflight Magazine, "Lessons form the Spring Auctions", i991 "Two Centuries of American Folk Art", Exhibition Catalogue Winner of AAM Honorable Mention, 1984 Palm Beach Polo Annual, "Palm Beach Art", 1985 Forewords to numerous exhibition catalogues "Stars In Florida" l~hhlbition catalogue, Ft Lauderdale Museum of Art,1991-92 Articles Wril~ten About: ’Interior Design’ Magazine, 1977 ’Gold Coast’ Magazine, 1983 ’Palm Beach Life’ Magazine, 1984 ’Horizon’ Magazine, 1984 ’Gold Coast’ Magazine, 4/85 ’Palm Beach Illustrated’, 1985 ’Palm Beach Sunday Post’, "Public Art", "Arts and Entertainment", 12/14/86 ’Palm Beach Post’, "Business Day I", 2/3/86 ’P~..m Beach Post’, First "Community Profile", 4/87 ’Palm Beach Post’, "Business Day I", "First American Bank Art", 2 and 11/90 ; 3 / 9 7 ,Exhibitiorl$ Arran.qed "Milton Avery", Boca Raton Museum, 1980 "Jose Fabri-Canti’, Boca Raton Museum, 1981 "Marisol", Boca Raton Museum, 1988 "Alfred Leslie", Boca Raton Museum, 1989 "Thirty Years of Leo Castelli", Ft. Lauderdale Museum, 1989. "Modem Master Tapestries", Palm Beach Conmunity College Museum of Art, 1995 Arranged exhibition loan from the Italian Government: "Artists and Artisans of Florence: Works form the Home Museum", Dixon Gallery and Gardens, Memphis, Tn., May-July, 1992 Georgia Museum of Art, Sept-Nov., 1992 "American Landscape Paintings from the Georgia Museum of Art", Palm Beach Ommmnity College, 1995 Arranged exhibition loan from Fruili Venezia Regional Italian Government: "1 Longobardi", Norton Sculpture Gardens, W. Palm Beach, FI., Jan.-Feb., 1993 "Antonio Xavier Trindade: Rembrandt of the East", Georgia Museum of Art, 1995 Organization of The A.X. Trindade Foundation Muse~n, Goa, India, 1993- David Miller b. 8/8/47, Kalamazoo, Mi., USA; raised in Winnetka, II. Ed:New Trier High School, Winnetka, II. 1965; Attended Junior School, Art Institute of Chicago, 1954-62 Moholy Nagy School of Design, Illinois Inst. of Technolocjy, Chicago, 1965 67 Adar, Inc. 7816 Steeplechase Drive Palm Beach Gardens, FL 33418 (561) 848-0~7~ FAX (5~1) 848-7816 Notable Appraisals: Norton Museum of Art, 20th Century Collection, 1979-80 Barnett Bank of Florlda, Palm Beach County Art Collection, 1982-88 (also advised on formation of collectlon) Bryna Collectlon of Modern Mexican Art (largest in USA), 1990-94 Mayers Collection, Bequest to Boca Raton Museum of Art, 1993 The Edward Brolda Collectlon (largest contemporary in USA) 1993 Referred by: Chrlstlansen & Jacknln, PA Jones, Foster, Johnston & Stubbs, PA Montgomery & Larmoyeux, PA Norton Museum of Art Museum of Art, Fort Lauderdale Boca Raton Museum of Art Vero Beach Center for the Arts Palm Beach County Cultural Councll United States Trust Company of Flo~f~, NA Lowe Art Museum, U. of Miami, Coral Gables Jewish Federation of South Palm Beach County Morse Geriatric Center, West Palm Beach State Farm Insurance of Southeast Florida Nordstern Insurance Co, N.A. Chubb Insurance Co, Tampa 4487 HICKORY DRIVE ¯ PALM BEACH GARDENS ¯ FLORIDA 33418 USA PHONE 561-775-3424 ¯ FAX 561-627-4171 ¯ E-MAIL S___SWOOD(~POP3.GONGENTRIG.NET SHE RYL G. WOOD EDUCATION 1986- 1988 Juris d~)ctor Stetson University College of Law St. Petersburg, Florida 1984-1986 Florida Atlantic University Boca Raton, Florida B~ m Business A drr~nistratio~ Major in A ~ Honors PROFESSIONAL EXPERIENCE 1989 - Presem South Florida Water Management District WPB, Florida Deputy General Counsd ¯Responsible for the day to day management and operation of a public sector legal office comprised of a total staff of 50, including 25 attome)~ and other support personnel. PROFESSIONAL MEMBERSHIPS American Bar Association, Florida Bar, Palm Beach County Bar Association, Florida Association of Women Lawyers, PBC Chapter. COMMUNITY ACTIVITIES Leadership Palm Beach County, City of Palm Beach Gardens Advisory Committees, Palm Beach Community College Legal Assistance Program Advisory Committee, Ballet Florida En Pointe Council and the Norton Gallery of Art. SUMMARY OF QUALIFICATIONS 1989- Present Advise boards and committees in the public and not for profit sectors regarding corporate governance, sunshine and public records issues. FIpr O~ 02 10:21a Lighthouse Cen~er Art~74~3241 p.1 Rpr 03 02 I0:23a Lighthouse Center Rrts 56! Apr 03 02 ~0:2~a Lighthouse Center Rrts 561 74S 3241 :~4/~/2~D2 1~:47 56~-69~-5~37 CO~ERIC~ B~NK PAGE ~2/~4 MODOI~ G. THO~U~ PERSONAL DATA Residence: Telephone: ED.UCATION 2015 LaPorte Drive Palm Beach Gardens, Florida 33410 Home: (561) 624-0621 Office: (561) 691-5914 Allegheny College, Meadville, Pennsylvania Bachelor of Science, Mathematics, 1960 MILITARY EXPERIENCE Ohio National Guard, 1960 to 1966 BUSINESS EXPERIENCE, COMERI.CA BANK Palm Beach Gardens, Florida February 1993 to Present Regipnal Personal Trust Director Responsible for management of three trust offices and 130 high net worth client relationships. CRE.STAR BANK Richmond, Virginia January 1990 to February 1993 Senior Vice President, Personal Financial Services Division Manager Responsible for directing all personal trust business development and administration activities throughout the Virginia, Maryland, and Washington, D.C. markets. The tom1 current fee income for these areas totaled $27 million. Responsible for strategic planning recruitment, staff development, and budget administration. Direct reports included five Kegional Managers responsible for 13 offices, which had a total staff Of 140, business development and administrative staff. In addition, managed the Director of Trust Tax Administration. Reported to the Executive Vice President of the Trust & /nvestment Management Croup. 84/81/2882 ii:47 5GI-Ggl-5937 COMERIC~ BANK P~GE 83/84 FLORIDA NATIONAL BANK ~acksonville, Florida May 1983 to January, 1990 Executiv,.e Vice Presi.dent, Bank Services Gr, .oup Manage_r September 1985 to December 1989 Responsible for directing all marketing sales and administrative activities related to the affluent, professional, retail, and corporate banking markets for the organization, which had total assets of $8 billion. Managed Senior Vice Presidents responsible for the Investment Management and Trust, Corporate Banking, Marketing and Consumer Services, Legal, Compliance and Public Affairs Divisions, as well as the company’s in-house investment management subsidiary. Reported to the President of Florida National Bank. Executive Vice Presidept~ Investment..Managemcnt.and Trust Division Mana_~er May 1983 to September 1985 Upon joining Florida National Bank, was responsible for all personal and institutional trust new business development, administration, investment management and operations activities for the organization. Reported to the President of Florida National Bank. NATIONAL CITY BANK Cleveland, Ohio January 1961 to May 1983 Executive Vice President, T .ru~;.t and Investm.e..n.t Division Manger 1980 to May 1983 V., ,~ious Positions 1961to 1980 Served in various capacities within the Operations, Investment, Trust Administration, and Trust Sales areas within the Trust Division for the Bank, leading up to being named Executive Vice President and Division Manager in 1980. CUR~. ~.NT CMC AUrlvtt:~S John D. MacArthur Beach State Park - Treasurer and Member of Citizens Support Organization American Red Cross - Member of Northern Palm Beach County Adviso~j Council Palm Beach Gardens Art Advisory Committee - Member FORlV~.R CM,C ACTIVITIES. Jacksonville Symphony - Member of Board of Directors Volunteer Jacksonville - President of Board of Directors Big BrOthers, Big Sisters - Member of Board of Directors Yessie Ball dul’ont Foundation - Board member representing Corporate Trustee 04/~i/20~2 11:47 561-691-5937 COMERICA BANK PAGE Allvgheny Co[lege- Trustee Cleveland Society for the Blind - President of Board of Trustees Elizabeth Severance Pre, utiss Foundation - Secretary of Board of Trustees Suicide Prevention Center - President of Board of Trustees Vocational Guidance Center- Member of Board of Trustees United Way Services- Fund-raising Section Chairman JUL--2S--81 MON 8~19 AM P.81~ RAYMOND W. KATZ 869 Blue Ridge Circle West Palm Be~.ch. Florida 33~09 Home: (1107 } 683-8652 Work: (q07) 659-0151 Art Foundry and Related Experience Welder and Craftsman, North Carolina Film Corporation, Wilmington, North Carolina, 198q - 1986. Fabricated all metal work for sets in Michael Cimlno’s Production of Year of the Dragon. Welding Supervisor, Bedi-Makky Art Foundry, Inc., Brooklyn, New York, 1979 - 198q. Responsible for all welding and finishing of welds on all monumental and fine art castings. Developed new techniques for welding exotic alloys such as white bronze, yellow bronze, monel, and iconel. Freelance Finisher and Colorist, 1978 - p~’esent. Provides finished bronze castings to sculptors who need to meet specific deadlines. Welder/Finisher/Chaser, Modern Art Foundry, 1978 - 1979. Worked directly with artists in the construction of monumental bronze statutes. Supervisor, Recycling Center, inc., Richmond, Indiana, 1976 - 1977. In charge of processing all ferrous and nonferrous metal for shipment to smelters and mills. Responsible for maintenance of truck fleet and scrap processing equipment, Foundry-Related Special Pro~ect..s. 1985;Research Survey and Restoration Sculptors: Proposal for Sculptures Surrounding City Hall Philadelphia Art Commission Philadelphia. Pennsylvania 198q: Lady Justice Court Room Scene The Movie, Marie - A True Story Frank Capra, Jr., Director Menorah Jewish Museum New York, New York Music Relief High School for the Arts Baltimore, Maryland Sculptor: Sculptor: Sculptor: John Massey Rhind Herbert Adams John J. Voyle A. Milne Calder John Rogers. Jr. Henry Ellicott Adolph Weinman Odeo Halamy Edward Wilson .TUL--23--01 MON 08"20 AM FoLlndryzR_e!a.ted Special Proiects ’ [continued) 1963:CHAVA-{LI FE) Ben-Gurion University Eshkelon, Israel Sculptor: Bob Marley Memorial Kingston, Jamaica Sculptor: Reclining Figure (restoration) Vivian Beaumont Theater Lincoln Center New York, New York Scu;ptor: American Eagle Battery Park Plaza New York, New York Sculptor: 1982:Walt Whitman Memorial 18th and Oregon Philadelphia, Pennsylvania Sculptor: Queen Kamolupo Statute City Hall Honolulu, Hawaii Sculptor 1981 :Prometheus Civic Center West Philadelphia, Pennsylvania Sculptor Archer Diana Madison Square Garden New York, New York Sculptor: Young Benjamin Franklin Broad Street & JFK Boulevard Philadelphia, Pennsylvania Sculptor: 1980:Flying Geese American Embassy Copenhagen, Denmark Sculptor: Family Long Island Jewish Hospital Hempstead, New York Sculptor: Corinthian Lamposts American Security Bank Washington, D.C. Designers: Peter Rubino J. Gonzales Henry Moore Albino Manca Leonard Baskin Marianna Pineda Walter Hancock Augustus St. Gaudens Joseph Brown Marshall Fredericks Ghaim (;ross Rambush Associates New York City -2- JUL--23--01 MON 08=20 AM F_.o__undry-Related Special Projects {continued) 1979:Albert Einstein Centennial Monument Constitution Mall Washington, D.C. Untitled Abstract Walker Art Center Minneapolis, Minnesota Sculptor: Sculptor: 1978:Oliver Pollack Memorial Sculptor: State Capitol Centroplex Baton Rouge, Louisiana Robert Berks Isamu Noguchi Frank Hayden Other Artists on Whose Pr0iects Mr. Katz has Particippted: Gaston Lachaise Frank EIIscu R. Tait McKenzle Paul Manship Lisa Fonssagrives Penn A. Phimster Proctor Alexander Archipenko John Rhoden Adolph Weinman Donald De Lue William .Wheeler Seui Saito Nathan Rappoport Jacques Lipchitz Elie Nadelman William Zorach Theodore Rozak Tony Smith Michael Lantz Herbert Ferber Malvina Hoffman Clemente Spampinato Frederich Kiesler Angelo Frudakis Erte~ Brian Hunt Seymour Lipton Leroy Neiman David Aronson Robert Scriver Frederick Remington Marilyn Newmark Russell Baker Bryant Mane Katz Arnaldo Pomadoro Greg Wyatt Phillip Rather Isidore Margolles Elbert Weinberg _Professiona!._Ar t Background: Commissions and Collections: Mr. and Mrs. James Clsco, Bethesda, Maryland Dr. and Mrs. David Marcus, Dayton, Ohio Mr. and Mrs. Joel Rosen, Ardsley, New York Hobart Brothers Company, Troy, Ohio Mr. and Mrs. John Hanklnson, AlbuqLJerque, New Mexico Mr. and Mrs. Robert Fitterman, Fort Lauderdale, Florida MAPI Incorporated, Dayton, Ohio Mr. and Mrs. Mark Issen, Richmond, Indiana Mr. Victor Zaikine, Woodstock, New York Mr. and Mrs. Boniface Titi, Washington, D.C. Jewish Community Council, Dayton, Ohio Mr. and Mrs. Aaron Sivitz, Dayton, Ohio Mr. and Mrs. Michael Schueneman, Vandalia, Ohio ConEdison, New York, New York Mr. and Mrs. Michael Schueneman, Vandalla, Ohio Mr. and Mrs. Charles Weprin, Dayton, Ohio Ms. Jayme Bednarcyzk, Wilmington, North Carolina -3- JUL--25--01 MOH 08=21 AM P.04 Commissions and Collections: (continued) Mr, and Mrs. Kinjo Tie, Concord, California Mr. and Mrs. Michael Cluck, Yonkers, New York Dayton Police Departmont, Dayton, Ohio University of Dayton, Dayton, Ohio American Red Cross, Brooklyn Chapter, Brooklyn, New York Shows and Awards: One-Man Show, University of Dayton, 1975 One-Man Show, Dayton Art Institute, 1973 All Ohio Sculpture Annual, 1971 Blossom-Kent Sculpture Annual, 1971 Two-Man Show, Salem Mall Gallery, Dayton. Ohio, 1970 __Represented By: Art for Industry, New York City C.W. Fentress Architects and Planners, Denver, Colorado Educational Background: University of Dayton, Dayton, Ohio, 1973 - 1975, 1986 - 1987 School of the Dayton Art Institute, Dayton, Ohio, 1970 - 1973 Welding Workshop for Sculptors, sponsored by Hobart Brothers and the University of minnesota, 1971 Industrial: E.I.Du Pont Nemours Company, Industrial Refinishing Clinics, Dayton, Ohio, 1973 - 1975 Hobart Brothers School of Welding Technology, Troy, Ohio, 1970 - 1972, two certificates -4- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: Date Prepared: 03/21/02 Subject/Agenda Item: RESOLUTION OF THE CITY OF PALM BEACH GARDENS COMMITTING ITS PORTION OF FUNDS ALLOCATED PURSUANT TO RESOLUTION R- 2002-0192 ADOPTED BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM CO--CATIONS PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation/Motion: Staff recommends approving Resolution 52,2002 Reviewed by:/~ City Attorney ~ Finan~7~) ACM Human Res. Other Department Director City Ma~Iage~/" Originating Dept:: Police Advertised: Date: Paper: [ x ] Not Required Affected parties "[ ] Notified [ X ] Not required Costs: $O Total $ 0 Current FY Funding Source: [ ] General Fund [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved w/conditions [ ] Denied ¯ [ ] Continued to: Attachments: RESOLUTION R-2002-0192 ADOPTED BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS [ ] None BACKGROUND: City of Palm Beach Gardens is a member of the Municipal Public Safety Communications Consortium of Palm Beach County, Inc desiring to improve radio communications with other municipal, county, state and federal public safety agencies in Palm Beach County. DISCUSSION: The City of Palm Beach Gardens has joined 21 other municipalities located within Palm Beach County to form Municipal Public Safety Communications Consortium of Palm Beach County, Inc to improve public safety communication. As established by the county’s communication systems and operations policy advisory committee (CSOPAC). The radio project will providea basic level ofinteroperability between existing radio systems. The planned radio system is fully digital voice and data functionality in one network with countywide coverage. Anticipated funding for the project includes membership fees, federal grants and municipal portion of traffic fines. After the final consortium budget is adopted, municipalities will have a 60-day option to withdraw from the Municipal Public Safety Communications Consortium of Palm Beach County, Inc and retain the $12.50 traffic fine monies to participate with a different interoperability radio system. RECOMMENDATION: Staffrecommends approving Resolution 52,2002 committing the city’s portion of the $12.50 traffic fine monies for construction of the radio system as recommended by Criminal Justice Commission and the Municipal Public Safety Communication Consortium. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 52, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, COMMITTING ITS PORTION OF FUNDS ALLOCATED BY PALM BEACH COUNTY RESOLUTION R-2002-0192 IN ACCORDANCE WITH SECTION 318.21(10), FLORIDA STATUTES, THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM (MPSCC) COMMUNICATIONS PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 163.01, Florida Statutes, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the Municipal Public Safety Communications Consortium ("MPSCC") was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system; and ~ WHEREAS, the City of Palm Beach Gardens has joined 21 other Palm Beach County municipalities to form the MPSCC and the City has long been involved with its efforts to improve public safety communications; and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities, has developed a plan for a municipal countywide interoperable communications system, which has been approved by the State of Florida, Office of Technology, as required by section 282.111(5), Florida Statutes; and WHEREAS, section 318.21(10), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county’s participation in the program; and -1- WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within municipal limits; and WHEREAS, the Board of County Commissioners allocated a portion of the revenues generated by municipalities for their benefit under Resolution R99-2343 D, as amended on February 5, 2002 by Resolution R-2002-0192, to encourage the interoperability of municipal communications systems and therefore enhancing the County’s Intergovernmental Communications Plan; and WHEREAS, the member municipalities of the MPSCC desire to move forward with the construction of a supplement and enhancement to the County’s interoperable countywide radio network, subject to the final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, as a member of the MPSCC, hereby pledges its support of MPSCC public safety communications plan and its inclusion as an enhancement and part of the State approved Palm Beach County Intergovernmental Radio Communications Program Plan. SECTION 3: The City of Palm Beach Gardens hereby commits its full share of the $12.50 traffic fine revenues, as allocated by the County through Resolution R-2002-0192, to the Eligible Expenses of the MPSCC for construction and implementation of its radio network for a prior of ten years from the date of contract with the radio vendor. SECTION 4: The City of Palm Beach Gardens requests that the County provide its portion of the $12.50 traffic fine revenues to the MPSCC for construction of the radio system following the procedures set forth in County Resolution R-2002-0192. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon adoption, provided, however, that this Resolution shall automatically be repealed if the City of Palm Beach Gardens exercises its right to withdraw from the MPSCC as provided in Section 12 -2- of the MPSCC Interlocal Agreement within the prescribed timeframe following receipt of the capital budget. RESOLVED, ADOPTED AND APPROVED THIS DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -3- Z : 08PM INO, 571 P, Z/17MAR.~I.~OOZ -RESOLUTION-NO. R-zooz-o-I.gz RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PAUVI BEACH cOUITFY, FLORIDA AMENDING RESOLUTION R-99- 2343D, SUPPORTING THE ALLOCATION OF A PORTION OF. THE FUNDS COLLECTED PURSUANT TO SECTION 3i8.2i(i0), FLORIDA -5"rA7br/F_~, FOR THE.BENEFIT OF THE MUNICIPALITIES AND THE ENHANCEMENT OF THE COUNTY’S INTERGOVERNMENTAL COMMUNICATIONS PROGRAM, -AND PROVIDING FOR D~BURSEMEErT PROCEDURES. WHEREAS, SectiOn 318.21(10), Rorida Statutes requires any Cou-nty:which participates an intergovemmental radio communications program approved by the State of Rorida Department of Hanagement Services to use $12~50 from each-moving traffic violation to fund that county’s participation in the program, and WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within the municipal limits, and WHEREA5~ the Board of County Commissioners has entered into a contract for~ and has implemented a 800 MHz trunked radio public safety communications system which meets the requirements of FS 318.21(10) as determined by the 5tare of Rorida Department Management Services and is currently being utilized by the County, some State and Federal agencies as well as by some municipalities, countywide, and WHEREAS, the Board of County Commissioners can encourage interoperability of municipal communications systems with the countywide public safety communications system by allocating a portion of the revenues generated by munidpalities for their benefit and. therefore enhancing the County’s Intergovemmental Communications Plan, and WHEREAS, in order to encourage interoperability, the County adopted Resolution P-,99- 2343 D which now requires amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 1. The purpose of the Resolution is to amend the process established by Resolution P-99 -2343D by which a portion of the $12.50 Monies, specifically the monies collected from violations written by Municipal Law Enforcement Officers can be used to facilitate municipal-participation in an interoperable public safety-radio communications system. In order to implement this direction, on January 1, 2000, the County established separate Orgs within Fund 172. The Clerk of the Circuit Court has and will continue to assign all $].2.50 monies that are collected from moving violations written by munidpal law enforcement officers into the Municipal Org and $12.50 monies that are collected from moving violations written by PBSO, Florida Highway Patrol and other non-municipal law enforcement agencies within Palm Beach County into the County Org. This supplements the requirements of Resolution R92-1187 and amends Resolution R99-2343D and to the extent that there are conflicting provisions, the provisions of this Resolution wil~ prevail. Definitions A.CounW Oro_- The portion of the $12.50 monies in Fund 172 which are collected by PBSO, Florida Highway Patrol and other non-municipal law enforcement agencies. B.Countywide System - The 800 HHz trunked radio system funded, purchased, installed, maintained and owned by the County including fixed and field transmiffing and receiving equipment, a microwave system for communications bebveen sites, SmartZone Controller and related management equipment, dispatch consoles and related equipment. C.Ellqlble Expenses - Capital purchases and other expenses which may be allowed pursuant to the requirements of 318.21(~10), F.S. D.Fund/.72 - The fund within the County’s accounting system that all revenues collected pursuant to 318.21(10) F.S. are deposiLed. E.ICP Swtern - The interoperable radio system(~s) which are included the approved State of Rorida Intergovernmental Communication Program (ICP), which approval may be amended from time to time. F.J~g~E~!LO~ - The portion of the $/.2.50 Monies in Fund/.72 which were collected by municipal law enforcement officers. G.MuniciPa[public SafeW communications consodtum (’MPCSS) - An entity of munidpalities created under interlocal agreement as provided for by Section 163.01 F.S. and incorporated as a not-for-profit organization created for the purpose of establishing an interoperable munidpal radio system to be submitted to the State of Rorida for approval for incorporation into the County,s ICP. H.Participating MuniciDali~ - A municipality that is a part of the County System via one of the following three methods; Z) direct access, 2) connection through the SmartZone Contmiter, or 3) connection to municipality which is connected through the SmartZone Controller (Hub). $12.50 Monies - The funds that are collected pursuant to 318.21(10) F.S. MAR.21.2002 2:09PM MO.571 P.4/I? 3. The Palm Beach County League of Cities ("League") has presented allocation methodology to the Communications System and Operations Policy Advisory Committee (CSOPAC) for ratification. The CSOPAC has ratified such allocation methodology and has provided the allocation methodology to the County to be used as the basis for distribution of funds from the Municipal Org, as required by Resolution No. 99- 2343D. 4. While the League had initially allocated all funds in the Municipal Org to the MPSCC, it is recognized by both the County and the League that certain municipalities may have already or will expend funds collected from sources other than the $12.50 monies which may meet the requirements of Eligible Expenses and therefore be eligible for reimbursement from the Municipal Org. In order to provide fora methodology which allows for the equitable allocation of funds to municipalities with police departments for any Eligible Expense, the monies in the Municipal Org will be assigned to individual municipalities based on actual collections within that municipality. Exhibit A to .this Resolution identifies the collections as of 10/31/01. Thus, any municipality shall be allowed to request reimbursement for Eligible Expenses up to the amount assigned to that municipality. 5. Requests for disbursements will be accepted for Eligible Expenses pursuant to the procedures for disbursement from the County attached hereto as Exhibit B, which may be modified from time to time by written approval of the County Administrator. The County shall update Exhibit A and distribute to all municipalities by February 15= annually. Municipalities not participating on the Countywide System shall individually elect by resolution of the municipal governing body by May 1 = annually, or for a longer term at the option of each municipality, whether it wants its allocation to be assigned to Eligible Expenses of the MPSCC. The MPSCC shall have the resolutions of the municipal governing bodies specifically identify the amount of the allocation which is being assigned to the MPSCC, These resolutions shall be used by the MPSCC as the funding evidence required by Exhibit B, Section 2B. 6. The County may expend Municipal Org funds only for Eligible Expenses. The County will disburse funds for subscriber units to Participating Municipalities. The County will allow Municipal Org funds of municipalities participating in the ICP System via the MPSCC, to purchase portable and mobile subscriber units with funds from the Municipal Org when sufficient equipment required to connect to the Countywide System is purchased, and operational. this portion of page intentionally left blank MAR.Zl.Z002 2:09PM NO.5?1 7. The execution of this resolution does not create an entitlement for the munidpalities to any of the funds collected pursuant to Section 318.21(10) F.S.. The foregoing resolution was offered by Commissioner ~¢cs~y~, who moved its adoption. The motion was seconded by Commissioner ~ and upon being put to a vote, the vote was as follows: COMM/,SSIONER WARREN H. NEWELL COMM~SIONER CAROL A. ROBERTS COMMLSSIONER KAREN T. MARCUS COMMISSIONER MARY MCCARTY COMML~IONER BURT AARONSON COMMISSIONER TONY MASILOTTI COMM~SIONER ADDIE L. GREENE Aye Aye Aye Aye Aye The Chair, thereupon, declared the resolution duly passed and adopted this 5~ day of February, 2002. PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS DOrOthy H. Wilken, Clerk APPROVED AS TO FORM~" LEGAL ~ ~~’t~Count~ttorney Rxh~bit A Procedures ,for DISbU,, ,r~ment from Pa!m_ Bea.ch CO,u.ntv Any agency requesting funding from Palm Beach County from the municipal portion of the $12.50 monies ("Requesting Agency") shall submit to Palm Beach County Facilities Development & Operations a Request for Funding ("Request"). The Request shall include the following. The Request must demonstrate that the Requesting Party is interoperable (pursuant to the acceptable levels of interoperability established by the CSOPAC) with ~he ICP System. If the Requesting Agency Isthe MPSCC, it must also Include a funded plan for becoming interoperable with the Countywide System. The Request must identify; A) those items for which the Requesting Agency is seeking disbursement which must be compliant with the requirements of F-S 318.21(10), and B) evidence that the funding has been committed for those purchases (form to be executed will be provided). :If the Agency is the MPSCC, must also include the non-S12.50 funding sources for all equipment included the plan for which funding is requested and a copy of the agreement to be signed with the vendor to demonstrate that items for which disbursement is sought are included in the contract, and that there are no on-going obligations being assumed by the County as a result of the HPSCC contract The Request must include a maintenance plan which identifies who will be responsible for the maintenance of the equipment purchased with distributed funds. The agency with responsibility for maintaining the equipment (Maintenance Agency) will be responsible for replacing the equipment, if, or when required. The Request must identify the official of the Requesting Agency that has the ability to bind the Requesting Agency. The Request must include an executed Equipment USe Agreement included as Attachment 1 to this Exhibit. The Request will be reviewed by the FaciliUes Development & Operations Dept which will determine compliance with the above. FD&O shall have 30 days to review the request at which time it will either be returned with a letter stating compliance or identifying the necessary modifications to bring the Request into compliance. Compliant requests of Participating Hunicipalities orthe HPSCC will be approved by Facilities Development & Operations. If FD&O and the Requesting Agency are unable to agree on compliance, the request will be forwarded to an ad hoc group consisting of the County Administrator, the County Attorney, and the League’s General Counsel for a final decision. MAR.21o2002 Z:IIPM NO.5?1 P.8/I? FD&O shall encumber the approved amount from the disbursement within the Participating Hunicipality or the individual municipality’ (having assigned by resolution, their allocation to the HPSCC) portion of the $12.50 funds and provide a copy of the request anti the approval letter to the Finance Department of the Clerk of the Circuit Court. The County will disburse to a Requesting Agency who is a Participating Municipality at any time during the calendar year, but in no case more frequently than semi-annually upon receipt of an invoice from the Requesting Agency specifying the amount of the disburseable costs incurred by the Requesting Party. If the Requesting Agency is the MPSCC, disbursements may be made at a frequency identified in its funding plan, but in no case more frequently than monthly. Disbursements shall be made within 21 days of receipt of a request for disbursement which meets the requirements of this Resolution. The total of all disbursements may not exceed the total of the Request. The first request for disbursement shall include a copy of any contract or purchase order against which the invoice is made. The County may reasonably request evidence that the invoice costs were actually incurred by the Requesting Agency and that the labor, services or materials for which payment is being made are a part of the ICP System. Each request for disbursement must be signed by the authorized representative of the Requesting Party certifying that the equipment has been received from the vendor and that such payment request is consistent with the approved Request. The request for disbursement may be in whatever format is acceptable to the Requesting Agency’s Finance Department and is consistent with the terms of the Requesting Agency’s contract or purchase order with the vendor. The Requesting Agency will be bound to the specifics (ie: type and quantity of equipment, timing, etc.) of the Request. Any modifications to the Request will require re-submittal to FD&O for wdtten approval. A, ,TTACHM~NT I, ~ ID(HIBIT EQUIPMENT" V.~E AGREEMENT This Agreement applies to any and all equipment purchased with monies collected pursuant to 318.21(10) F.S.S. and placed in the $12.50 Intergovemmental Communications Fund C’$12.50 Fund’). The term Agency refers to an enl~/which receives funds from the $12.50 Fund. Ao The Agency will provide FD&O, at least 30 days prior to the installation of the asset, a list of all equipment purchased with $12.50 Fund monies. The list shall Ider~tify the asset by name, the purchase price of the asset:, the work unit to which the asset is assigned. The County will provide the Agency with an asset number for each piece of equipment. The Agency will be responsible for tagging the equipment accordingly. The Agency may chose to have the County tag the equipment and u~ilize the County’s bar coding system if it chooses. By JUly 3I= Of each year, the Agency will provide the County with an inventory of the assets certified by the Agency Inventory Officer. The Agency Inventory Officer shall, at all times, comply with all requirements of any Statute governing local government fixed assetS.. The Agency Inventory Officer shall be (type name and position of Agency Inventory Officer). The term of this Agreement is a 30 year period or the life span of the equipment whichever is shorter. Dudng the term of this Agreement~ the Agency shall be responsible for maintenance of the equipment, In the event that the Agency determines that it is appropriate to surplus a piece of equipment: prior to the thirLy year period, the Agency will provide the County with the equipment that is to surplused. upon receipt of the equipment, the asset will be removed from the agencies inventory. The County shall dispose of the equipment. The Agency ~ll use the equipment/purchases solely for uses allowed pursuant to the 318.21(10) F.S.S, and consistent with the approved Request for Funds. F=In the event that the Agency does not adhere to the terms of this Agreement~ the County will provide notice and the Agency will have 30 days to cure the default. In the event tha~ the default is not cured, the Agency shall be required to repay the monies disbursed from the $12.50 Fund within 30 days of the derrault. By signing below, the Agency agrees to abide by the terms of this Agreement. Wimess Signature of Authorized Agency Representative Print Name and T~le of Authorized Agency Representative Date of County Acknowledgment Signature of R~O Director MRR.21.2002 2:14PM --NOo571 ..... ATTACHr ENT 1 3"0 mUZ . ENT USE REEENT This Agreemen~ applies to any and all equipment purchased with monies collected pursuant to 318.21(10) F,$.S. and placed in the $12.50 Intergovemmentai Communications Fund C’$12.S0 Fund"). The term Ageno/ refers to an no;;, CT,;~,~-; §c,;~,mc-~,~: entity which receives funds from ~he $12.50 Fund. The Agency will provide FD&O, at least 30 days prior to the installation of the asset, a list of all equipment purchased with $12.50 Fund monies. The list shall identify the asset by name, the purchase price of the asse~ the work unit: to which the asset Is assigned. The County vaql provk~e the Agency with an asse~ number for each piece of equipment; The Agency will be respurtsible for tagging the equipment ao:ordingly. The Agency may chose to have the County tag the equipment and utilize the County’s bar coding system e It chooses. By,~uly 31= of each year, the Agency will provide the County with an inventory of the assets certified by the Agency Inventory Officer. The Agency ~nventory Officer shall, at all times, comply with all requirements of any Statute governing local government fixed assets. The Agency InvemoW Officer shall be . (type name and position of Agency Inventory Officer). The term of this Agreement is a 30 year period or the life span of the equipment whichever is shorter. During the t~rn of th|s Agreemen~ the Agency shall be responsible for maintenance of the equipment. In the event that the Agency determines that it Is appropriate to surplus a p _k~e.~ of equipment prior to the thirty year period, the Agency wffl provide the County with the equipment that is to surplused. Upon receipt of the equipment~ the asset will be removed fTom the agencies inventory. The County shall dispOSe of the equipmer~. F. The Agency will use the equipment/purchases solely for u~s allowed pursuant to the 318.21(10) F.$.S, and consistent wil:h the approved Request for Funds. Zn the event that the Agency does not adhere.to the terms of ~his Agreement, the County will provide no~e and the Agency w~ll have 30 days to cure the default. In the event that the default: is no~ cured, the Agency shall be required t= repay the rnorlles disbursed from the $1250 Fund within 30 days of the default. By signing below, the Agency agrees to abide by the terms of this Agreement;. Witness Date ...._.., ¯ P~il~t=~ame’and TRIo of Authorized A~=ncyRepresentative of ~un~~ _.,, ~~~LORIDA. C~N~ ~ ~LM BEACH ~ ¢ ~’% ~ozrdofCoun~mm~ione~i~istoDo= ¯.. ...- ""’"" , Z:I4PM NO.5?1 P.16/I? The Requesting Agency will be bound to the Specifics (ie: type and quantity of equipment, timing, etc,) of the RequesL Any modifications to the Request will require re-submittal to H0.571 e rov Fad ities bevel ment& rations. If FD and~ _t~’t_~_l~_que~!oq~_~_~e_...no/ar~_una_ble_to_8_q_m~__o~n m li c the r __~iJI__b_e_~_~a_~r~ded._=__~ A mini r the A orne the X shall encumber the approved amount ~ ef the disbursement within the __r__.e~:)__I_.u~~ir++aII+_~io_~._=+~+.~~ ~ portion of the $12.50 funds and provide a copy of the request and the approval letter to the Rnance Department of the Clerk of the Circuit Court. .B;-----The CounW will dis_bu_rse to a Rea_uestiDq Aqencv who is ~1. Participatin_a_Municipality at arty time durin_a the ~lendar year, but in_no ~_~e more fr¢auentlv than semi_-_ annu+lly upon receipt of an invoice from the Requesting Agency specifying the amount of the disburseable costs incurred by the Requesting Party fundtn_m o+an. bu~ in +o ca_~ mol~¢_~_r_ _~:lu_+_n_Uy~ ~_ha_n_ _nJODJ:t~_Iv. Disbursements shalI be made within 21 days of receipt of a request for disbursement which meets the requirements of this Resolution. The total of all disbursements may not exceed the total of the Request+ --The firsk request for disbursement shall include a copy of any contract or purchase order against which the invoice is made. The County may reasonably request evidence that the invoice costs were actually incurred by the Requesting Agency and that the labor, services or materials for which _a_ a_rt_-’-’--payment is being made r+I:.t; ~ -- ’- "- " ’- ~ ’ " -’ ...."" ="" ........-’ ~.-,.~_.,OPAC (,:, . Each request for disbursement must be signed by the authorized representa¢ive of the Requesting Party ce~fytng that the equipment has been received from the vendor and that such .~a_ _vment ¯ request is consistent with the approved Request =e~,+,~= ~ =,+ ,~,~,~,+. The request for disbursemer~ may be in whatever forma~ is acceptable to the Requesting Agency’s Finance Department and is consistent with the terms of the Requesting Agency’s conbact or purchase order with the vendor. ~:I3PM Exhibit B -P-mc__edures for._Dis.b.urse_me~nt~mm P~Im Beach CqvntY Any agency requesting funding from Palm Beach County from the municipal portion of the $12.50 monies ("Requesting Agency") shall submit to Palm Beach CounLy Facilities Development & Operations a Request for Funding ("Request"). The Request shall include the following. The Request must A-) demonstrate that the Requesting Party is intemperable aJ~ig~_l__u_d~d~e ~ a funded plan for becoming intemperable with the Countywide System. The Request must identify; A) those items for which the Requesting Ageno/is seeking disbursement which .must be compliant with the requirements of FS 318.21(10) , ~ B) =,~= ,~nd~ =,~,*- -- ~. ~ - = ,~, -- =,, "" ;q~;m~ ~r~ud, c~ ,, ;-, ~ = ,~ - ~,~, -’ --,, ~r,~ C-) evidence that the funding has been committed for those purchases (form to executed will be provided). !f_~e_ _Aqeocyjs_ _th_~ HPSC_CI,_ ~ g]u~_ a_l_so_i_n_cJude th_.e i _mqu_ t_and of aa_reemCn_t_to_be dem on_ _s mte_ma_tLt for _which disbu_r~_men~ The Request must Include a maintenance plan which identifies who will be responsible for the maintenance of the equipment purchased with distributed funds. The agency with responsibility for maintaining the equipment (Maintenance Agency) will be responsible for replacing the equipment, if, or when required. The Request must iden~fy the official of the Requesting Agency that has the ability to bind the Requesting Agency.~.o ~hc ..... : ..... ~-=-" - - ~* "-- The R_e~uest must include e_x~ecuted EquL~ CDt Use A_qreeme.n.t~ iO~:] ed as. The Request will be reviewed by the Fadlities Development & Operations Dept which will ~rov;,d~an o~n~on ;; ~, ._(~__~_~r~_ i_D_~e~ compliance with the, above. FD&O shall have 30 days to review the request at which time it will either be returned with a letter stating compliance or identifying the necessary modifications to bring the Request into compliance. 6. The execution of this resolution does not create an entitlement for the municipalities to any of the funds collected pursuant to Section 318.21(10) F.S.. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner to a vote, the vote was as follows: , who moved its , and upon being put COMMISSIONER WARREN H. NEWELL COMMISSIONER CAROL A. ROBERTS COMMLSSIONER KAREN T. MARCUS COMMISSIONER MARY MCCARTY COMMISSIONER BURT AARONSON COMMISSIONER TONY HASILO’I’r’I COMMISSIONER ADDIE L. GREENE The Chair, thereupon, declared the resolution duly passed and adopted this 5= day of February, 2002. PAU4 BEACH COUNTY, FLORIDA BY 1"1"S BOARD OF COUF, q’Y COMMISSIONERS Dorothy H. Wilken, Clerk | Deputy Clerk APPROVED AS TO FORH AND LEGAL SUFFICIENCY APPROVED AS TO TEP-J4S AND CONDITIONS Ass’t County Attorney Dir. Fadlities Development & Operations 2:I2PM (Hub). $12.50 Monies - The funds that are collected pursuant to 318.?=1(10) F.S. 3. The Palm Beach County League of Cities ("Leaaue,~.has_ wi~ presented an allocation methodology to the Communications System and Operations Policy Advisory Committee (CSOPAC) for ratification, e~-=e-~ti~,, The CSOPAC has ra tified su ch allocation methodoloav an.d. ha~ provided the allocation methodology to the County to be used as the basis for distribution of funds from the Municipal Org, as r~quired by Resolution .No. 99-2343D. 4. While the Lea.clue had initially allocated all funds .in the Munici~o~ll Orq to thP, MP$CC. it is reco.clni=_ed by both the County and the Leaque that certain munici_oalit!e~ may have already or will expend funds col~.eeted from soume~ other than the. $12.5~ monie~ which may meet the requirements.of Eliaible Exoenses and therefore be eliqib!~ for reimbursem~Dt from the Municioal_.Or.cl. In order to provide fora meth.Qdoloqy whiqh allows for the equitable allo.Gption of funds to municipalities with police.departments f~r any Eliqible Exoen~e,_the monieF in the Municipal Om_~will. be assiqned to individual municipalities based, on actual collections_within that muni~iDalitv. Exhibit A to thb Resoluti0r) identifies the collections as of 10/31/01..__Thus. any municioality shall be allowed ~o mauest reimbursement for E(igible Expenses u~) ~0 the amount aF~j0ned to that 5. Requests for disbursements will be accepted for Eligible Expenses pursuant to the procedures for disbursement from the County attached hereto as Exhibit be modified from time to time _by written approval.of the County Admini~ator. The County_ shall unda~_Exhibit A and distfib~e to all municipalities by February .15_= annually Municioalities.not participatin_a~on the Countywide System shall individually_elect by resolution of the mutnicipal _aovemin_a bod_v by May 1=~ annuallv orfor a lOn._cler pedod at th.~ option of each municipality, whether it wants its allo.c;~tion to be assiqned to.Eligible, F-xDen~es of the MP$.C.C. The MPSCC sh~lll.have the resoluti0n~,; 0f=the municipal __qovemino bodie~.sPecifically identify_ th~ amount of the allocation which is beinq assi_q_ne~ to the MPSCC. These resolutions ~ha~t! be used by the MP$.C.C as the fundin~l eviden_r~ rea_uired bv Exhibit B. Section 2B. 6. The County may expend Municipal Org funds only for Eli_aibie Exp~nses ~ 3~.2~,~C). The ~u~ will disbume ~nds for ~ sub.tiber uni~ to Pa~ici~a~n.q MuniciDali~e~. ~e C@unW will allow Municipal Om ~nds_of_muni~oalifies 0a~ici0a~o~ ~n the ICP Svs~m via the MP$.cc, to ourchase 09~able and mobile subsc~ber un~s with funds ~m.the Municioal Or_q when s.uffici~nt ~ equipme~ mqui~ to conne= to ~e Coun~de Sy~em is pumhased and ope~tionai=,~--~ =,f ~,,=,~,,~= .......,,=,, ~h¢ p~=~ "~-,~, In order to implement this direction, on 3anuary 1, 2000, the County ¯ "~=~ establish~__ separate Orgs within Fund Z72. The Clerk of the Circuit Court has and will ti~ assign all $:t2.50 monies that are collected ~rom moving violations written by municipal law enforcement officers into the Municipal Org and all $Z2.50 monies that are collected from moving violations written by PBSO, Florida Highway Patrol and other non-munidpal law enforcement agencies within Palm Beach County into the County’ Org. This supplements the requirements of Resolution R92-1187 ar~ amends Resolqtion R99-234~D and tO the extent that there are conflicting provisions, the provisions of this Resolution will orevail Definitions A.County Or_q - The portion of the $12.50 monies in Fund 172 which are collected by PSSO, Rorida Highway Patrol and other non-~ law enforcement agencies. B.Coun _tvwi_de System. - The 800 MHz trunked radio system funded, purchased, installed, maintained and owned by the County including r~ed and field transmitting and receiving equipment, a microwave system for communications between sites, SmartZone Conl~oller and rela~zd management equipment, dispatch consoles and related equipment. C.Eli_oible Ex_oenses - Capital purchases and other_expenses which_ma~’_ be allowed.pursuant to the mauirements of 3;t8.21~0), F.S. D.Fund Z72 - The fund within the County’s accounting system that all revenues collected pursuant to 3tS.2:t(:[0) F.S. are deposited. E.ICP System - The inte~p~rable radio ~(_s).wbich are included the a_~_~ro.ved State of FI0dda ]~nteroovernmental..(~0mmunicaUon Pro~ ram (ZCP~,..which aooroval may be. amended from Ume tO time. F.J~JJELcJl~.~g - The portion of the $;t2.50 Monies in Fund :t72 which were collected by municipal law enforcement officers. G.Munidoal Public Safety Communications Consor’~Jm (lUlI~S$).. ¢ott~ of munlcioalities created under int~docal ~. gr.¢eme_n_t as orovided for bv SeCtion 163.01 F.S. arl¢l Incorporated as ~ n.ot-f0r-profit or_oanizatioo created for the ~umoseof_establishinq an in.I;ero_~erable munici_pal_radio system_to_be submitted to the State of Rorida for a~Droval for_in~rporation into the County’s ICP. H.P~cipatinq MunidDali~__-. A municipality that is a Dart of the County System via one of.the followino three methods: ~) direct access~2) connection throuoh the SmartZone Controller. or 3) connection.to munict.oalitv which is connected throuczh the 5martZone Controller MAR.21.2002 2:lZPM --IxIO.5?l" - P.10/I? RF-SOLU’I~ON NO. R-02- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AMENDING RESOLUTION R-gg- 2343D, SUPPORTING THE ALLOCATION OF A PORTION OF THE ’FUNDS COLLECTED PURSUANTTO SECTION 318.21(10), FLORIDA 5TA TUT~, FOR THE BENEFIT OF THE MUNICIPALITIES AND THE ENHANCEMENT OF THE COUNTY’SINTERGOVERNMENTAL COMMUNICATIONS PROGRAM,A.ND_ PROVID]~NG FOR D~SBURSE]VlENT PROCEDURES. WHEREAS, Se~on 318.21(10), Florida S~atu~es requires any county which participates an intargovemmentai radio communications program approved by the State of Rorida Department of Management Services to use $12.50 from each moving traffic violation to fund that county’s participation in the program, and WHEREAS, a portion of the revenues collected are from violations which are wdtten by municipal law enforcement officers within the municipal limits, and WHEREAS, the Board of County Commissioners has entered into a contrac~ for, and has i~-in-~h~ prC, C~T~f implemente__diflej a ~ 800 MHz ~runked radio public safety communications system which meets the requirements of FS 318.2i(10) as determined the 5tare of Rodda Department of Management Services and is currently beinq utilized by the CounW. some State and Federal aaencies as _we~ II_as by soma _municioalitie~, F,~ and WHEREAS, the Board of County Commissioners can encourage interoperability of municipal communications systems with the countywide public safety communications system by allocating a portion oF the revenues generated by municipalities for their benefit and therefore enhancing the County’s Intergovernmental Communications Plan, and WHEREAS. in order to encourag~nterooerabilitv, theCounty adopted R~soluti_0n Rgg-2:~43 D whiG.now reauires Bmendment. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 1. The purpose of the Resolution is to ~men~ the estabtish-e process ~ by Resolution R99 -2343D by which a portion of the $12.50 Monies, specifically the monies collected from violations written by Municipal Law Enforcement Officers can be used to facilitate municipal pa~cipation in an interoperable public safely radio communications system. CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 SUBJECT/AGENDA ITEM SP-01-43: Mirasol Parcels 6,7,9 and 10 Consideration of Approval: A request by Urban Design Studio, agent for Taylor- Woodrow Communities, Inc., to approve four site plans for a total of 141 single-family home-sites within the Mirasol Planned Community District (PCD). The Mirasol PCD located west of the Ronald Reagan Turnpike between PGA Boulevard and Hood Road (4-42S-42E). RECOMMENDATION Staff recommends APPROVAL of Resolutions 54, 55, 56 and 57, 2002 with conditions of approval. Reviewed by: Principal Planner Talal Beno~ Human Res. NA Submitte by: Directdcj Charles K. Wu, AICP Approved by~ City Manager//~,~ Ronald M. Ferr’~ Originating Dept.: Growth ~nt: Project ~. Manager Edward Tombari, AICP Developmen.~ / Complianc.e~~v Bahareh Wolfs, AICP Advertised: Date: Paper: Palm Beach Post .~[X] Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $. Total $ Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Resolution 54, 2002 ¯ Resolution 55, 2002 ¯ Resolution 56, 2002 ¯ Resolution 57, 2002 ¯ Map 1: Mirasol PCD Master Plan ¯ Aerial Photos ¯ Code Comparison Tables ¯ Mirasol Comparison Tables ¯ Site Plans ¯ Landscape Plans ¯ Building Elevations and Floor Plans City Council Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 S P -01-43 BACKGROUND The Mirasol PCD Master Plan was approved by the City Council by Ordinance 8, 2000, on May 18, 2000, and was revised by Ordinance 18, 2001. The master plan provided for 25 residential pods that range from multi-family, zero-lot line single family, and custom single family homes. To date, 15 Certificates of Occupancy have been issued for residential homes, in addition to the sales center, golf training center, cart barn (temporary clubhouse), and the golf maintenance facility. LAND USE & ZONING The subject sites are zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL-3), and have a future land-use designation of Residential Low (RL). The gross density for the Mirasol PCD is .93 dwelling units per acre, consistent with the Residential Low (RL) designation in the comprehensive plan. Parcel 6 Master Plan Designation Medium Land Designation Comp. Plan RL Use Permitted 9du Proposed 4 du/acre Parcel 7 Medium RL 9 du 3.39 du/acre Parcel 9 Low RL 5 du 1.9 du/acre Parcel 10 Low RL 5 du 1.8 du/acre CONCURRENCY Concurrency for all four parcels has been reserved through the initial PCD process. PROJECT DETAILS Phasing Development of each of these individual parcelswill be in a single phase. Completion of roadway construction will be occurring simultaneously with the construction of the parcels. 2 City Council Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 SP-01-43 Site Access Roadway access to the four sites, via the collector road, will be completed simultaneously with parcel construction. In accordance with condition number 53 of Ordinance 21,1998, a stabilized road base will be completed prior to the start of home construction on each parcel. In accordance with condition 7, all internal parcel cul-de- sacs are less than 1,500 feet in length. Architectural Style and Special Features Parcel 6 Parcel 6 is proposed to be developed as zero-lot line homes with modified zero side setbacks. The "zero-side" setback shall actually be setback 3.5 feet from the property, as opposed to the typical zero setback at the property line. The applicant has submitted a proto-typical model which is consistent with the "Mizner" theme and style approved throughout Mirasol. Parcel 6 will be a continuation of the models currently under construction on Parcel 4. Additional models will be made available with modifications allowed within the limits of the following Design Guidelines: Design Guidelines for Parcel 6 Unifying architectural treatments shall include: Concrete Block construction with textured or sand stucco finish S-tile or flat tile concrete roofs Minimum 2-car garages Multi-pane front elevation windows Roof styles shall be either gable, hip, or Boston hip Paneled garage doors Band treatments at windows and doors on the street side of homes Building heights are not to exceed 36 feet Decorative pavement shall be used on driveways and entry walks Minimum quantities of plant materials required for each lot are: 3 canopy trees or large palms (trees planted @ 12’ o.a. height and palms species will provide a spread of 15’ @ maturity) 4 small trees/accent plants 200 shrubs and groundcover plants Note: The number of plants listed are minimum numbers only. Shrubs are planted @ 3 gallon minimum, groundcovers are planted at 1 gallon minimum. Adjacent homes shall not have the same front elevation and wall and trim color palette. City Council Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 SP-01-43 Building lot coverage shall be limited to a maximum of 50%. Color selections are noted on the architectural plans and are consistent with the earth tones previously approved within Mirasol. Parcels 7, 9 and 10 Parcels 7, 9, and 10 are to be developed as single-family custom homes. All architectural plans will be reviewed and approved by the Mirasol POA/Architectural Review Committee prior to submission to the City. L~qhtin_cl Sternberg Acorn lighting will be provided throughout all the parcels with the locations of light poles indicated on the site plans. Lighting details have been included on the site plans. Street lights will be field located to avoid conflicts with street trees and utilities. Landscaping This application includes a Common Area Planting plan for each parcel. In accordance with condition number 18 of Ordinance 18, 2001, a 25’ minimum buffer between all parcels and the collector roadway has been provided. The parcel buffer plantings include Oaks, Pines, flowering trees, shrubs and groundcovers. It is the intent of the developer to submit the detailed entry features/signage at a future date for the Building Division’s approval, in accordance with the Master Signage Program. The City Council approved the Master Signage Program with Resolution 56, 2001. All parcels include a street tree planting program of Royal Palms. Street trees and street light locations are shown on the site plans. Street trees and street lights will be field located to avoid conflicts with each other and utilities. Maintenance of all common area landscaping will be done by the individual Property Owners Associations of each parcel. All parcels will provide landscaping in excess of the minimum required landscaping on each individual home lot. Parking Required parking is calculated at one space per bedroom. Each unit will provide a minimum of a two-car garage with two spaces on the driveway. S~qna_cle The location of the entrance sign has been noted on both the site plans and the landscape plans. It is the intention of the developer to submit detailed signage plans at 4 City Council Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 SP-01-43 a later date for review and approval by the Building Division. Staff shall review the proposed signage for consistency with the approved Mirasol Master Signage Program. Drainaqe Drainage outfall from these sites will be accomplished by draining into inlets and culverts, outfalling into adjacent lakes which are part of the surface water management system for the project. (See attached plans from Mock-Roos and Associates.) CPTED Compliance In accordance with condition 52, CPTED criteria was established for the overall PCD. These parcels will comply with the following guidelines: ¯If the front entry door is a solid door and has a side pane window, the side window should be located on the opposite side of the door handle and door lock. ¯All sides of the house, including porch areas, are to be equipped with electrical outlets to help facilitate motion sensor security lighting. ¯Entry doors that swing inward are to be equipped with metal frames or other protective measures to "target harden" the doorway and discourage forced entry. (Double doors, glass doors or speciality doors are exempt from this provision.) ¯Out-swinging exterior doors are to be equipped with security hinges. ¯Alarm panels are to be kept out of view from windows. ¯A 5’ minimum separation has been provided between sidewalks within the collector right-of-ways and the abutting roadway. ¯Street trees and street lights will be field located to avoid conflicts between lights and landscaping, including long term tree canopy growth. Waivers City Council Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 SP-01-43 Code Section Required Provided Waiver Requested Staff Recommendation Parcel 6 Right-of-way width 50 feet 45 feet Yes-5 feet Support (1) Lot width 65 feet 60 feet Yes- 5 feet Support (1) Lot coverage 35%50%Yes- 15% ~Support (1) Side setback 7.5 feet or 10%3’1" - "zero" side Yes- 4’5"Support (1) 6’11"-7" "non-zero side" Side setback 7.5 feet or 10%3’1"-"zero-side"Yes- 4’5"Support (1) accessory/screen 5’ -"non-zero"2’6" side Rear setback 10 feet 3, feet Yes- 7 feet Support (1) Screen/accessory Parcel 7 Right-of-way width 50 feet 45 feet Yes-5 feet Support (1) Lot coverage 35%45%Yes -10%Support (1) Side setbacks 7.5 feet or 10%5 feet Yes - 2.5 feet Support (1) Screem/accessory Rear setbacks 10 feet 3 feet Yes - 7 feet Support (1) Screen/accessory Parcel 9 Right-of-way width 50 feet 45 feet Yes-5 feet Support (1) Lot coverage 35%45%¯ Yes- 10%Support (1) Side setbacks 10% of lot width or 10 feet Yes- 2 feet Support (1) 12 feet Side setbacks 10% of lot width or 5 feet Yes -7 feet Support (1) accessory 12 feet Rear setback 10 feet 3 feet Yes -7 feet Support (1) Screen/accessory Parcel 10 Right-of-way width 50 feet 45 feet Yes-5 feet Support (1) Lot coverage 35%45%Yes-10 %Support (1) City Council Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 SP-01-43 Code Section Required Provided Waiver Staff Requested Recommendation Side setbacks 10% of lot width or 10 feet Yes-2 feet Support (1) 12 feet Side setbacks 12 feet 5 feet Yes- 7 feet Support (1) screen/accessory Rear 10 feet 3 feet Yes- 7 feet Support (1) screen/accessory setbacks (1)Waiver J ustification The proposed development plans for Parcels 6, 7, 9, and 10 are consistent with other previously approved single-family parcels within a PCD throughout the City as well as the intent of the Planned Development District regulations. The City’s comprehensive plan contains several objectives that strive to preserve open space and natural vegetative systems, contain urban sprawl, and conserve natural resources. The waivers proposed by the applicant, including front, rear and side setback, as well as lot coverage and lot width, allow for clustering of developed areas within smaller locations. The balance of the land may then be preserved as natural open space, furthering the goals of the comprehensive plan. The requested waivers allow the applicant to provide the City with natural open spaces above and beyond the amount of open space that would be provided by allowing for development based on the requirements set forth by the development standards for Residential Low RL-3. The Code requires 20% (461 acres) of the PCD to be preserved as Community Serving Open Space. The Mirasol PCD provides for over 66% (1530 acres) of the PCD Community Serving Open Space, 877.4 acres of which is restored natural upland and wetland ecosystems. The gross density of the Mirasol PCD is .93 dwelling units per acre. In comparison, PGA National, has 46% open space with a gross density of 2.24 dwelling units per acre and Ballenlsles has 52% open space with a gross density of 1.8 dwelling units per acre. The design of this project is consistent with previously approved projects in the City, is consistent with the intent and purpose of the Planned Community District regulations, and is consistent with comparable development standards within other communities. In addition, the waivers requested by the applicant are consistent with waivers granted for the similar housing product being constructed in the previously approved Parcel 3. For these reasons, staff recommends approval of the requested waivers. City Council Meeting Date: April 18, 2002 Date Prepared: April 3, 2002 SP-01-43 STAFF RECOMMENDATION Staff recommends approval of Resolution 54, 2002, with conditions of approval. PLANNING AND ZONING COMMISSION On February 26, 2002, the Planning and Zoning Commission reviewed this application and recommended approval of the petition by a vote of 4 to 1, with Mr. Steven Tarr dissenting. RESOLUTION 54, 2002 Last Revision: March 27, 2002 April 1, 2002 April 3, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF 41 SEMI-CUSTOM HOMES, KNOWN AS MIRASOL PARCEL 6, LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DISTRICT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a site plan application (SP- 01-43) from Taylor-Woodrow Communities, for approval of a site plan to provide for the development of 41 semi-custom homes, located within the Mirasol PCD, as more particularly described herein; and WHEREAS, the 10.11 acre site, to be known as "Mirasol Parcel 6" is currently zoned "Planned Community District" (PCD)with underlying zoning of Residential Low RL- 3, with a future land-use designation of Residential Low (RL) and a Master Plan designation of Residential Medium; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the.City’s Comprehensive Plan, the Land Development Regulations, the Mirasol Master Plan, and amended development order; and WHEREAS, on February 26, 2002, the Planning and Zoning Commission recommended approval of this petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "Mirasol Parcel 6" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide for the development of 41 semi- custom single family homes located within the Mirasol PCD. SECTION 2. Said approval shall be consistent with all representations made by Resolution 54, 2002 Date Prepared: April 3, 2002 the applicant or applicant’s agents at any workshop or public hearing. SECTION 3. Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and assigns: (1)Prior to construction plan approval, the applicant shall provide the following paving and drainage construction drawings for Parcel 6: (a)A typical lot drainage pattern detail for lots adjacent to a lake and for lots not adjacent to a lake (including lots adjacent to preserve). (b)Horizontal control of the project sufficient to construct the project and determine the dimensions of site improvements. (c)A pipe joint wrap detail specifying that all pipe joints shall be wrapped in filter fabric. (d)Any additional details shown on the site plans that may be necessary by the City Engineer for the construction of the project. (e)Address all additional outstanding conditions for Parcel 6, as indicated in the memorandum from the City Engineer dated February 5, 2002. (City Engineer) (2)The applicant shall make provisions in the homeowners association documents to provide means of access to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) (3)The applicant shall provide for a six-foot wide "clear zone" that shall be free and clear of structures, immovable fences and walls, mechanical equipment and landscaping other than ground cover and shrubs. (Planning and Zoning, City Forester) (4)The applicant, successor, or assigns shall adhere to the design guidelines attached hereto as Exhibit "B". (Development Compliance) SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)March 22, 2002 Screen Enclosure Section, Urban Design Studio, 1 Sheet. (2)January 17, 2002 Site Plan, Sanders Planning Group, Sheet SP-I. 2 Resolution 54, 2002 Date Prepared: April 3, 2002 (3)November 20, 2001 Landscape Plan, Krent Wieland, Sheet L-1. (4)March 27, 2002 Proto-typical Planting Plan with Screen Enclosure, UDS, 1 Sheet (5)November 15, 2001 Proto-typical Landscape Concept, Krent Wieland, Sheet P-2. (6)January 29, 2001, Prototypical Model Plan and Design Guidelines, Judith Kelly, Sheets 2-4. (7)September 2001, Paving and Drainage Plan, Mock-Roos, Sheets 3- 6. (8)August 27, 2001 Specific Purpose Survey, Mock-Roos 2 Sheets (9)March 27, 2002 Common Area Access Plan, UDS, 1 Sheet SECTION 5. The following waivers are hereby granted with this approval: (1) (2) (3) (4) (5) From Section 78-498 of the LDRs, to permit a 45-foot wide right-of- way. The code requires a minimum right-of-way width of 50 feet. From Section 78-141 of the LDRs, to permit a minimum lot width of 60 feet. The code requires a minimum width of 65 feet. From Section 78-141 of the LDRs, to permit lot coverage of 50%. The code requires a maximum lot coverage of 35%. From Section 78-141 of the LDRs, to permit a building side setback of 3 feet 1 inch on a "zero" side and 6 feet 11 inches on a "non-zero" side. The code requires a minimum side setback of 7.5 feet. From Section 78-141 of the LDRs, to permit a screen/accessory side setback of 3 feet 1 inch on a "zero" side and 5 feet on a "non- zero" side. The code requires a minimum side setback of 7.5 feet. From Section 78-141 of the LDRs, to permit a screen/accessory rear setback of 3 feet. The code requires a minimum setback of 10 feet. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. 3 Resolution 54, 2002 Date Prepared: April 3, 2002 MAYOR ERIC JABLIN ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO G/ed/2002sp0143Parcel 6Res AYE NAY ABSENT 4 Resolution 54, 2002 Date Prepared: April 3, 2002 EXHIBIT "A" 5 LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTIONS 4 AND 5, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4; THENCE ALONG THE NORTH LINE OF SAID SECTION 4, SOUTH 89"24’34" EAST,A DISTANCE OF 530.46 FEET;THENCE DEPARTING SAID NORTH LINE, SOUTH 00"35’26"WEST,A DISTANCE OF 2366.53 FEET TO A POINT ON THE WEST RIGHT’OF-WAY LINE OF MIRASOL WAY,TRACT A, MIRASOL PLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDEDIN PLAT BOOK 89,PAGES 61 THROUGH 65, INCLUSIVE,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 06"23’39" WEST, A DISTANCE OF 358.00 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE, NORTH 83"36’21" WEST, A DISTANCE OF 70.19 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 245.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"12’25", AN ARC DISTANCE OF 47.92 FEET TO THE POINT OF TANGENCY; THENCE NORTH 72"23’56" WEST, A DISTANCE OF 23.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 245.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGHA CENTRAL ANGLE OF 11"12’25", AN ARC DISTANCE OF 47.92 FEET TO THE POINT OF TANGENCY; THENCE NORTH 83"36’21" WEST, A DISTANCE OF 82.97 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 335.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20"55’37", AN ARC DISTANCE OF 122.36 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 75"28’02" WEST,A DISTANCE OF i5#0.16 FEET TO THE POINT OF CURVATUREOF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 200.00 FEET;THENCE WESTERLY ALONG THE’ARC" OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33t28’13", AN ARC DISTANCE OE 116.83 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RAO!US OF 198.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33"28’13", AN ARC DISTANCE OF 115.67 FEET TO THE POINT OF TANGENCY;THENCE SOUTH ’75"28’02"WEST, A DISTANCE OF 77.23 FEET; THENCE NORTH 13"18’36"WEST., A DISTANCE OF 396.09 FEET; THENCE NORTH 75"28’02" EAST, A DISTANCE ~F 828.44 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUT’R HAVING A RADIUS OF 665.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAIID CURVE THROUGH A CENTRAL ANGLE OF 20"55’37",AN ARC DISTANCE OF 242.89 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 83"36’21" EAST, A DISTANCE OF 83.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 245.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"24’18",AN ARC DISTANCE OF 48.77 FEET TO THE POINT OF TANGENCY; THENCE NORTH 84"59’21" EAST,A DISTANCE OF 21.87 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 245.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"24’18", AN ARC DISTANCE OF 48.77 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 83"36’21" EAST, A DISTANCE OF 70.01 FEET TO THE POINT OF BEGINNING. CONTAINING 440,442.64 SQUARE FEET OR 10.11 ACRES, MORE OR LESS. DATE OF EXHIBIT "B" Design Guidelines for Parcel 6 Unifying architectural treatments shall include: Concrete Block construction with textured or sand stucco finish S-tile or fiat tile concrete roofs Minimum 2-car garages Multi-pane front elevation windows Roof styles shall be either gable, hip, or Boston hip Paneled garage doors Band treatments at windows and doors on the street side of homes Building heights are not to exceed 36 feet Decorative pavement shall be used on driveways and entry walks Minimum quantities of plant materials required for each lot are: 3 canopy trees or large palms (trees planted @ 12’ o.a. height and palms species will provide a spread of 15’ @ maturity) 4 small trees/accent plants 200 shrubs and groundcover plants Note: The number of plants listed are minimum numbers only. Shrubs are planted @ 3 gallon minimum, groundcovers are planted at 1 gallon minimum. Adjacent homes shall not have the same front elevation and wall and trim color palette. Building lot coverage shall be limited to a maximum of 50%. Color selections are noted on the architectural plans and are consistent with the earth tones previously approved within Mirasol. Last Revision: March 27, 2002 April 1, 2002 April 3, 2002 RESOLUTION 55, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF 38 CUSTOM HOMES, KNOWN AS MIRASOL PARCEL 7, LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DISTRICT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a site plan application (SP- 01-43) from Taylor-Woodrow Communities, for approval of a site plan to provide for the development of 38 custom homes, located within the Mirasol PCD, as more particularly described herein; and WHEREAS, the 11.2 acre site, to be known as "Mirasol Parcel 7" is currently zoned "Planned Community District" (PCD) with underlying zoning of Residential Low RL- 3, with a future land-use designation of Residential Low (RL) and a Master Plan designation of Residential Medium; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan, the Land Development Regulations, the Mirasol Master Plan, and amended development order; and WHEREAS, on February 26, 2002 the Planning and Zoning Commission recommended approval of this petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "Mirasol Parcel 7" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide for the development of 38 custom, single-family homes located within the Mirasol PCD. SECTION 2. Said approval shall be consistent with all representations made by Resolution 55, 2002 Date Prepared: April 3, 2002 the applicant or applicant’s agents at any workshop or public hearing. SECTION 3. Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and assigns: (1)Prior to construction plan approval, the applicant shall provide the following paving and drainage construction drawings for Parcel 6: (a)A typical lot drainage pattern detail for lots adjacent to a lake and for lots not adjacent to a lake (including lots adjacent to preserve. (b)Horizontal control of the project sufficient to construct the project and determine the dimensions of site improvements. (c)A pipe joint wrap detail specifying that all pipe joints shall be wrapped in filter fabric. (d)Any additional details shown on the site plans that may be necessary by the City Engineer for the construction of the project. (e)Address all additional outstanding conditions for Parcel 7, as indicated in the memorandum from the City Engineer dated February 5, 2002. (City Engineer) (2)The applicant shall make provisions in the homeowners association documents to provide means of access to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, imposed by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) (3)The applicant shall provide for a six foot wide "clear zone" that shall be free and clear of structures, immovable fences and walls, mechanical equipment and landscaping other than ground cover and shrubs. (Planning and Zoning, City Forester) SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)March 22, 2002 Screen Enclosure Section, Urban Design Studio, 1 Sheet. (2)January 17, 2002 Site Plan, Sanders Planning Group, Sheet SP-I. (3)November 20, 2001 Landscape Plan, Krent Wieland, Sheet L-1. (4)September 2001, Paving and Drainage Plan, Mock-Roos, Sheets 3- 6. 2 Resolution 55, 2002 Date Prepared: April 3, 2002 (5) August 27, 2001 Specific Purpose Survey, Mock-Ros 2 Sheets SECTION 5. The following waivers are hereby granted with this approval: (1) (2) (3) (4) From Section 78-498 of the LDRs, to permit a 45-foot wide right-of- way. The code requires a minimum right-of-way width of 50 feet. From Section 78-141 of the LDRs, to permit lot coverage of 45%. The code requires a maximum lot coverage of 35%. From Section 78-141 of the LDRs, to permit a screen/accessory side setback of 5 feet. The code requires a minimum side setback of 7.5 feet. From Section 78-141 of the LDRs, to permit a screen/accessory rear setback of 3 feet. The code requires a minimum setback of 10 feet. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY 3 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO G/ed/2002sp0143Parcel 7Res AYE NAY Resolution 55, 2002 Date Prepared: April 3, 2002 ABSENT 4 Resolution 55, 2002 Date Prepared: April 3, 2002 EXHIBIT "A" 5 LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTIONS 4 AND 5, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4; THENCE ALONG THE NORTH LINE OF SAID SECTION 4, SOUTH 8g~24’34" EAST, A DISTANCE OF 421.01 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00"35’26" WEST, A DISTANCE OF 1613.67 FEET TO A POINT ON THE WEST RIGHT’-OF-WAY LINE OF MIRA, SOL WAY, TRACT A, MIRASOL PLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 61 THROUGH 65, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 630.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 88"42’44" EAST, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22"33’10", AN ARC DISTANCE OF 247.98 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 21"15’54" EAST, A DISTANCE OF 108.54 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 570.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE .THROUGH A CENTRAL ANGLE OF 00"28’32", AN ARC DISTANCE OF 4.73 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE, SOUTH 74"46’52" WEST, A DISTANCE OF 155.09 FEET TO THE POINT. OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A. RADIUS OF 1020.00 FEET; THENCE WESTERLY.ALONGTHE ARC OF SAID CURVE .~HROUGH A CENTRAL ANGLE OF 07"49"47", AN ARC DISTANCE OF 13~’2:39 FEET TOTHE POINT OF TANGENCY;THENCE.SOUTH 82"36’39" WEST, A DISTANCE OF 545~70:iFEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 665.00 FEET; THENCE WESTERLY ALONG THE ARC oF SAID CURVE THROUGH A CENTRAL ANGLEOF 05"48’53", AN ARC DISTANCE OF 67.49 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 88"25’32" WEST, A DISTANCE OF 407.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 83.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51"34’15", AN ARC DISTANCE "OF..74.71 FEET; THENCE ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE, NORTH 53"08’43" WEST, A DISTANCE OF 50.30 FEET.;. THENCE NORTH 13"20’12" WEST, A DISTANCE OF 404.49 FEET; THENCE ALONG A LINE RADIAL TO. THE FOLLOWlNGDESCRIBED CURVE, NORTH 22"52’43" EAST, A DISTANCE OF 7.85 FEET TO A.POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 78.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24"27’10", AN ARC DISTANCE OF 33.29 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88"25’32" EAST, A DISTANCE OF 81.87 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 198.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33"28’13", AN ARC DISTANCE OF 115.67 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33"28’13", AN ARC DISTANCE OF 116.83 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88"25’32" EAST, A DISTANCE OF 257.01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 335.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05"48’53", AN ARC DISTANCE OF 34.00 FEET TO THE POINT OF TANGENCY; THENCE NORTH 82"36’39" EAST, A DISTANCE OF 330.24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 835.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07"49’47", AN ARC DISTANCE OF 114.11 FEET TO THE POINT OF TANGENCY; THENCE NORTH 74°46’52" EAST, A DISTANCE OF 359.34 FEET TO THE POINT OF BEGINNING. CONTAINING 488,246.27 SQUARE FEET OR 11.209 ACRES, MORE OR LESS. Last Revision: March 27, 2002 April 1, 2002 April 3, 2002 RESOLUTION 56, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF 36 CUSTOM HOMES, KNOWN AS MIRASOL PARCEL 9, LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DISTRICT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a site plan application (SP- 01-43) from Taylor-Woodrow Communities, for approval of a site plan to provide for the development of 36 custom homes, located within the Mirasol PCD, as more particularly described herein; and WHEREAS, the 19.23-acre site, to be known as "Mirasol Parcel 9" is currently zoned "Planned Community District" (PCD) with underlying zoning of Residential Low RL- 3, with a future land-use of Residential Low (RL) and a Master Plan designation Residential Medium; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan, the Land Development Regulations, the Mirasol Master Plan, and amended development order; and WHEREAS, on February 26, 2002, the Planning and Zoning Commission recommended approval of this petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "Mirasol Parcel 9" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide for the development of 36 custom, single-family homes located within the Mirasol PCD. SECTION 2. Said approval shall be consistent with all representations made by Resolution 56, 2002 Date Prepared: April 3, 2002 the applicant or applicant’s agents at any workshop or public hearing. SECTION 3. Said approval shall be subject to the following condition, which shall be binding on the applicant, its successors and assigns: (1)Prior to construction plan approval, the applicant shall provide the following paving and drainage construction drawings for Parcel 9: (a)A typical lot drainage pattern detail for lots adjacent to a lake and for lots not adjacent to a lake (including lots adjacent to preserve). (b)Horizontal control of the project sufficient to construct the project and determine the dimensions of site improvements. (c)A pipe joint wrap detail specifying that all pipe joints shall be wrapped in filter fabric. (d)Any additional details shown on the site plans that may be necessary by the City Engineer for the construction of the project. (e)Address all additional outstanding conditions for Parcel 6, as indicated in the memorandum from the City Engineer dated February 5, 2002. (City Engineer) (2)Prior to construction plan approval, the applicant shall revise the Paving and Drainage Construction drawings for Parcels 9, as indicated in the memorandum from the City Engineer dated February 5, 2002. (City Engineer) (3)The applicant shall make provisions in the homeowners association documents to provide means of access to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, imposed by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) (4)The applicant shall provide for a six foot wide "clear zone" that shall be free and clear of structures, immovable fences and walls, mechanical equipment and landscaping other than ground cover and shrubs. (Planning and Zoning, City Forester) SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1) March 22, 2002 Screen Enclosure Section, Urban Design Studio, 2 Resolution 56, 2002 Date Prepared: April 3, 2002 Sheet. (2)January 17, 2002 Site Plan, Sanders Planning Group, Sheet SP-1. (3)November 20, 2001 Landscape Plan, Krent Wieland, Sheet L-I. (4)September 2001, Paving and Drainage Plan, Mock-Roos, Sheets 3- 6. (5)August 27, 2001 Specific Purpose Survey, Mock-Roos 2 Sheets SECTION 5. The following waivers are hereby granted with this approval: (1) (2) (3) (4) (5) From Section 78-498 of the LDRs, to permit a 45-foot wide right-of- way. The code requires a minimum right-of-way width of 50 feet. From Section 78-141 of the LDRs, to permit lot coverage of 45%. The code requires a maximum lot coverage of 35%. From Section 78-141 of the LDRs, to permit a building/screen side setback of 10 feet. The code requires a minimum side setback of 12 feet. From Section 78-141 of the LDRs, to permit a side accessory structure setback of 5 feet. The code requires a minimum side setback of 12 feet. From Section 78-141 of the LDRs, to permit a screen/accessory rear setback of 3 feet. The code requires a minimum setback of 10 feet. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN 3 Resolution 56, 2002 Date Prepared: April 3, 2002 ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO G/ed/2002sp0143Parcel 9Res AYE NAY ABSENT 4 Resolution 56, 2002 Date Prepared: April 3, 2002 EXHIBIT "A" 5 A .PARCEL OF LAND SITUATE IN SECTIONS 32 AND 33, TOWNSHIP 41 SOUT RANGE 42 EAST AND SECTIONS 4 AND 5; TOWNSHIP 42 SOUTH, RANGE 42 EAS’ PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED , FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF MIRASOL WAY, TRACT A, MIRASOL PL, TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAG 61 THROUGH 65,INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNT FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT A, NORTH 69"39’0 WEST, A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT THENCE DEPARTING SAID TRACT A, NORTH 76"18’12" WEST, A DISTANCE. 30.20 FEET; THENCE NORTH 83"35’35" WEST, A DISTANCE OF 85.56 FEE THENCE NORTH 64"51’23" WEST, A DISTANCE OF 269.87 FEET TO THE POINT CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 78. FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 34"54’04", AN ARC DISTANCE OF 47.51 FEET TO THE POI OF TANGENCY; THENCE SOUTH 80"14’33" WEST, A DISTANCE OF 124.03 FEET THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADI OF 465.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 31"51’.14", AN ARC DISTANCE OF 258.52 FEET TO THE POI OF TANGENCY; THENCE NORTH 67"54’13" WEST, A DISTANCE OF 150.45 FEET THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVlNGA RADI OF 200.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 28"06’.24", AN ARC DISTANCE OF 98.11 FEET TO THE POI OF TANGENCY; THENCE SOUTH 83"59!22" WEST~ A DISTANCE OF 192.19 FEET THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING RADIUS OF 200.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CUR THROUGH A CENTRAL ANGLE OF 33"01’38", AN ARC DISTANCE OF 115.29 FEET~ THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING RADIUS OF 198.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CUR THROUGH A CENTRAL ANGLE OF 103"41’34", AN ARC DISTANCE OF 358.34 FE TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWE "~’"-~ HAVING A RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC SAID CURVE THROUGH A CENTRAL ANGLE OF 33"34’27", AN ARC DISTANCE 117.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 5.8"55’09" WEST, DISTANCE OF 219.28 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE THE SOUTH HAVING A RADIUS OF 200.00 FEET; .THENCE NORTHWESTERLY ALC THE ARC. OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33"28’13", AN h DISTANCE OF 116.83 FEET TO THE .POINT OF REVERSE CURVATURE OF A CUR CONCAVE TO THE NORTH HAVING A RADIUS OF 198.00 FEET; T~ENCE WESTE~ ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26"02’16", ARC DISTANCE OF 89.98 FEET; THENCE NORTH 57".10’45" WEST, A DISTANCE DIGEST, PCD 77.46 FEET; THENCE NORTH 66"44’03" WEST, A DISTANCE OF 76.24 FEE r PLATTED THENCE NORTH 26"20’32" EAST, A DISTANCE OF 403.73 FEET; THENCE ,SOL 58"55’09" EAST, A DISTANCE OF 610.54.FEET TO THE POINT OF CURVATURE A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 435.00 FEET; THE~ SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 37"05’29", AN ARC DISTANCE OF 281.60 FEET TO THE POINT .OF TANGEN( THENCE NORTH 83"59’22" EAST, A DISTANCE OF 210.13 FEET TO THE POINT CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 465. FEET;THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTF ANGLE OF 14"40’27", AN ARC DISTANCE OF 119,09 FEET;THENCE NOr 08"39’50" EAST, A DISTANCE OF 16.42 FEET TO A POINT ON THE ARC OF A ~ TANGENT CURVECONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FE FROM WHICH A RADIAL LINE BEARS NORTH 39°26’04" EAST;THE~-S20°20’56~/ SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE i5"20’56"W 35.36’ 20’56"W |2.45’ ¯ " BEARING) 9’04-’W .00’ 27"58’40", AN ARC DISTANCE OF 24.42 FEET TO THE POINT OF REVEF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 4?5. FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTF ANGLE OF 10"38’23", AN ARC DISTANCE OF 88.21 FEET TO THE POINT TANGENCY; THENCE SOUTH 67"54’13" EAST, A DISTANCE OF 166.73 FEET TO POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS 125.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 31"51’14", AN ARC DISTANCE OF 69.49 FEET TO THE PO OF TANGENCY; THENCE NORTH 80’14’33" EAST, A DISTANCE OF 141.06 FEET THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RAD OF 475.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 30"06’23", AN ARC DISTANCE OF 249.59 FEET TO THE PO OF TANGENC¥; THENCE SOUTH 69"39’04" EAST, A DISTANCE OF 24.62 THENCE SOUTH 20"20’56" WEST, A DISTANCE OF 10.00 FEET; THENCE SOl 69"39’04" EAST, A DISTANCE OF 295.54 FEET; THENCE SOUTH 20"20’56" A DISTANCE OF 142.50 FEET; THENCE SOUTH 69"39’04" EAST, A DISTANCE 110.00 FEET; THENCE SOUTH 20"20’56" WEST, A DISTANCE OF 45.00 THENCE SOUTH 65"20’56" WEST, A DISTANCE OF 35.36 FEET; THENCE SOl 20"20’56" WEST, A DISTANCE OF 132.45 FEET TO THE POINT .OF BEGINNII CONTAINING 837,573.808 SQUARE FEET OR 19.228 ACRES, MORE OR LESS. Last Revision: March 27, 2002 April 1, 2002 April 3, 2002 RESOLUTION 57, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF 26 CUSTOM HOMES, KNOWN AS MIRASOL PARCEL 10, LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DISTRICT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a site plan application (SP- 01-43) from Taylor-Woodrow Communities, for approval of a site plan to provide for the development of 26 custom homes, located within the Mirasol PCD, as more particularly described herein; and WHEREAS, the 14.6 acre site, to be known as "Mirasol Parcel 10" is currently zoned "Planned Community District" (PCD) with underlying zoning of Residential Low RL- 3, with a future land-use of Residential Low (RL) and a Master Plan designation Residential Low; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan, the Land Development Regulations, the Mirasol Master Plan, and amended development order; and WHEREAS, on February 26, 2002 the Planning and Zoning Commission recommended approval of this petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "Mirasol Parcel 10" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide for the development of 26 custom, single-family homes located within the Mirasol PCD. SECTION 2. Said approval shall be consistent with all representations made by Resolution 57, 2002 Date Prepared: April 3, 2002 the applicant or applicant’s agents at any workshop or public hearing. SECTION 3. Said approval shall be subject to the following condition, which shall be binding on the applicant, its successors and assigns: (1)Prior to construction plan approval, the applicant shall provide the following paving and drainage construction drawings for Parcel 10: (a)A typical lot drainage pattern detail for lots adjacent to a lake and for lots not adjacent to a lake (including lots adjacent to preserve). (b)Horizontal control of the project sufficient to construct the project and determine the dimensions of site improvements. (c)A pipe joint wrap detail specifying that all pipe joints shall be wrapped in filter fabric. (d)Any additional details shown on the site plans that may be necessary by the City Engineer for the construction of the project. (City Engineer) (e)Address all additional outstanding conditions for Parcel 6, as indicated in the memorandum from the City Engineer dated February 5, 2002. (City Engineer) (2) Prior to construction plan approval, the applicant shall revise the Paving and Drainage Construction drawings for Parcel 10, as indicated in the memorandum from the City Engineer dated February 5, 2002. (City Engineer) (3)The applicant shall make provisions in the homeowners association documents to provide means of access to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) (4)The applicant shall provide for a six foot wide "clear zone" that shall be free and clear of structures, immovable fences and walls, mechanical equipment and landscaping other than ground cover and shrubs. (Planning and Zoning, City Forester) SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: 2 Resolution 57, 2002 Date Prepared: April 3, 2002 (1)March 22, 2002 Screen Enclosure Section, Urban Design Studio, 1 Sheet. (2)January 17, 2002 Site Plan, Sanders Planning Group, Sheet SP-I. (3)November 20, 2001 Landscape Plan, Krent Wieland, Sheet L-I. (4)September 2001, Paving and Drainage Plan, Mock-Roos, Sheets 3- 6. (5)August 27, 2001 Specific Purpose Survey, Mock-Roos 2 Sheets SECTION 5. The following waivers are hereby granted with this approval: (1) (2) (3) (4) (5) From Section 78-498 of the LDRs, to permit a 45-foot wide right-of- way. The code requires a minimum right-of-way width of 50 feet. From Section 78-141 of the LDRs, to permit lot coverage of 45%. The code requires a maximum lot coverage of 35%. From Section 78-141 of the LDRs, to permit a building/screen side setback of 10 feet. The code requires a minimum side setback of 12 feet. From Section 78-141 of the LDRs, to permit an accessory structure setback of 5 feet. The code requires a minimum side setback of 12 feet. From Section 78-141 of the LDRs, to permit a screen/accessory rear setback of 3 feet. The code requires a minimum setback of 10 feet. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN 3 Resolution 57, 2002 Date Prepared: April 3, 2002 ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO G/ed/2002sp0143Parcel lORes AYE NAY ABSENT 4 Resolution 57, 2002 Date Prepared: April 3, 2002 EXHIBIT "A" 5 LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 4, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF MIRASOL WAY, TRACT A, MIRASOL PLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 61 THROUGH 65, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID TRACT A, NORTH 20"20’56" EAST, A DISTANCE OF 132.45 FEET; THENCE NORTH 65"20’56" EAST, A DISTANCE OF 35.36 FEET TO THE POINT OF BEGINNING; THENCE NORTH 20"20’56" EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 69"39’04" EAST, A DISTANCE OF 100.64 FEET; THENCE NORTH 20"20’56" EAST, A DISTANCE OF 77.07 FEET; THENCE NORTH 41"12’55" EAST, A DISTANCE OF 147.97 FEET; THENCE SOUTH 45"13’49" EAST, A DISTANCE OF 264.60 FEET; THENCE SOUTH 34"50’56" EAST; A DISTANCE OF 19.74 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32"23’31", AN ARC DISTANCE OF 84.80 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 67"14’27" EAST, A DISTANCE OF 49.99 FEET; THENCE SOUTH 69"11’22" EAST, A DISTANCE OF 239.39 FEET; THENCE NORTH 76"55’54" EAST, A DISTANCE OF 98.67 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1000.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19"22’06", AN ARC DISTANCE OF 338.04 FEET TO THE .POINT OF TANGENCY; THENCE SOUTHB3"42’O0". EAST, A DISTANCE OF 54.92 FEET; THENCE SOUTH 87"04’12" EAST, A DISTANCE OF 262.29 FEET; THENCE SOUTH 88"27’07" EAST, A DISTANCE OF 255.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 500.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 89’14"46" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20"24’36", AN ARC DISTANCE OF 178.11 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 203.00 FEET;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 152"34’52", AN ARC DISTANCE OF 540.60 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 216.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55"31’26", AN ARC DISTANCE oF 209.32FEET TO THE POINT OF TANGENCY;THENCE SOUTH 77"24’03" WEST,A DISTANCE OF 109.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 976.13 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°09’02 ", AN ARC DISTANCE OF 530.70 FEET TO THE POINT OF TANGENCY;THENCE NORTH 71"26’56" WEST, A DISTANCE OF 356.58 FEET; THENCE NORTH 10"59’31" EAST, A DISTANCE OF 171.10 FEET; THENCE NORTH 67"14’27" WEST, A DISTANCE OF 2.34 FEET TO THE POINT OF CURVATUREOF A CURVE CONCAVE TO THE NORTHEASTHAVING A RADIUS OF 272.50 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGHA CENTRAL ANGLE OF 21"39’35"; AN ARC DISTANCE OF 103.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH45"34’53" WEST, A DISTANCE OF 79.10 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 227.50 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24"04’11", AN ARC DISTANCE OF 95.57 FEET TO THE POINT OF TANGENCY;THENCE NORTH 69"39’04" WEST,A DISTANCE OF 125.43 FEET TO THE POINT OF BEGINNING. CONTAINING 636,438.403 SQUARE FEET OR 14.611 ACRES, MORE OR LESS. DATE OF NOV ;" ~ 20~i PRINT "~C-~’~-~’~’~’~’"’"’"’"’"’"’"’""""’"’""-’"’"’"’""" i:~:i:i:i.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:, ::::::::::::::::::::::::::::::::::::::::::::::::: GolfDigestP D ’iIq= q Palm Beach Gardens, Florida Aerial Map - Parcels 6 & 7 CODE COMPARISION TABLE Use: PCD/RL-3 Allowed Density Open Space Minimum Site Area Maximum Lot Coverage Maximum Height Limit ¯ ~ SITE ANALYSIS:If " MiRA!SOL Parcels6,1.7,.9, & Parcel 6 - 9 du/ac Parcel 7 - 9 du/ac Parcel 9 - 5 du/ac Parcel 10 - 5 du/ac minimum of 35% 6500. sf 35% 36 feet Proposed Parcel 6 - 4.0 du/ac Parcel 7 - 3.39 du/ac Parcel 9 - 1.9 du/ac Parcel 10 - 1.8 du/ac Parcel 6 - 40% Parcel 7 - 47% Parcel 9 - 43% Parcel 10 - 43% Parcel 6 - 8520 sf Parcel 7 - 9940 sf Parcel 9 - 17,040 sf Parcel 10 - 17,400 sf Parcel 6- 50% Parcel 7 - 45% Parcel 9 - 45% Parcel 10 - 45% 36’ Compliance Waiver Requested yes yes yes yes yes (All parcels) Building Front Building Side Street Building Side Interior Building Rea~ 10’ 20’ 7.5’ or 10% of lot width which ever is greater 10’ Parcel 6 - F. entry garage-20’/S, entry garage/bldg-15’ Parcel 7 - 20’ Parcel 9 - 40%of du at 20’/60% at 30’ Parcel 10 - 40%of du at 20’/60% at 30’ N/A - no corner lots proposed Parcel 6 - 3’1"/6’11" Parcel 7 - 7.5’ Parcel 9 - 10’ Parcel 10 - 10’ Parcel 6 50%of du at ..... 15’/50%at 25’ yes yes yes yes yes yes yes Pool/Screen - Side Street Parcel 7 50%of du at 10’/50%at 15’ Parcel 9 10’ Parcel 10 10’ 50%of du at 10’/50%at 15’ 20’N/A - no corner lots proposed 7.5’ or 10% of lot Parcel 6 - 3’1"/5’ width which ever is Parcel 7 - 5’ greater Parcel 9 - 10’ Parcel 10 - 10’ 10’Parcel 6 - 3’ Parcel 7 - 3’ Parcel 9 - 3’ Parcel 10 - 3’ 7.5’ or 10% of lot Parcel 6 -3’1"/5’ width which ever is Parcel 7 - 5’ Pool/Screen - Side Interior Pool/Screen - Rear Accessory Structures - Side yes yes yes yes yes yes yes yes yes yes yes greater Accessory 10’ Structures - Rear Number 1 space per Required bedroom Parcel 9 - 5’ Parcel 10 - 5’ Parcel 6 - 3’ Parcel 7 - 3’ Parcel 9 - 3’ Parcel 10 - 3’ 1 space per bedroom yes yes yes yes yes yes yes ./ 0 -/ (( Mirasol Parcel 6 ~Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890 Taylor Woodrow Communities " Site Plan at Mirasol, I’TD ZLL 60’.x 142.5’11300 Mirasol Boulevard Palm Beach Gardens, FL 33418, (561) 622-1730 l , irasol ALTERNATE REAR~ T.,,o+Wood+o. Co~m..m+~a,Mimsol, LTD "I +,varcel 6 ACCESS PLAN ’.~ ~ +11300 Mirasol Boulev~d /P~m Beach Ga~ens, FL 3341~ I ’~nders Plan0ing Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890~ Proto-TypicaO Landscape Concept i ~ PARCEL 6= MIRASOL RAPHAEL MODEL truANTING PLAN " i i 1 SCREEN ENCLOSURE SUBJECT TO CHANGE PENDING POOL & DECK DESIGN I I ,,:,, IPAI~CEL"6: MIRASOL " . ’flit!ili~ ’I.’-". ~,,~o,,~..n~PHOTO-TYPICAL ilill I DANTE MODF_~PLANTING PLAN ~"| I WITH SCREEN ENCLOSURE ~ ~ABATELLO SHALL tlAVE INC. NO PART OF THESE IDEAS. PLANS OR DESIGNS MAY BE RF.PRODUCED OR COI~IF..D IN ANY FORM WHATSOEVER WITHOUT 11tE F.X~RESS WHiff EN CONSENT OF TIlE COI~YRIGIIT IIOLOER. INRI1TEN DIMENSIONS ON THESE DRAW° I SCALE DIMENSIONS. SABATELLO CONSTRUCTION OF FLORIDA, INC. ASSUMES NO LIABILITY" FOR THE UNAUTHORIZED USE OF THESE I’LANS. DRAWINGS AND SPECIFICATIONS OR FOR ANY VARIATION FROM OR.IG N~L SPECIFICATIONS- II I._ fl II II r il i ",, ,I ..... @ lO00 SABATELLO C~)NSTRUDTION OF FLOrIDA, INC. NO P/~RT OF THESE IDEAS pLANS OR DESIGNS MAY BE REPRODUCED OR COPIED IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITI’EN CONSENT OF THE COPYRIGHT DoTLDER. WRITTEN DIMENSIONS ,/ ". "" ". I ¯ U t I.Nc. rio i’An T OF THESE II)EAS. FLAilS OR DIESIGI~IS MAY DE REPRODUCED OR COPIED IN J~lY FORM WHAZSOEV~-R WITHDUT THE EXPRESS WRI~EN CON~ENI OF THE-COPYRIGHT HOLDER. WRII"[EN DIME~ONS ON THESE DRAW- OVER SCALE DIMENSIONS. 8ABATELLO CONSTRUCTION OF.FLORIDA. INC. AS~UMSS NO LIABILITY FOR THE UNAUTHORIZED USEOF TIIE~E PLANS. DRAWINGS AND ~ECiFICAT|QN$ QR FOR ANY VARIATION FROM OR|~;|NAL ~PEC|.F|CA~IQ~i~. " P__R_(~To±-T~PIOALi PARCEL 6 AT MIRASOL-,~ 2-STORY; /0 -/o. ! I I :p ,, , |: I. III/ i i I 0 I~O01’PART OF THESE IDEAS, PL,~LNS 0.R OESIQNB HAY BE REPRODUCED OR COPIED IN ANY FORM WFIATSOtcVEJ~ 1VI’IHOLIT THE EXPRE~ I~II*I’E~ CONSENT OF THE COPYRIGHT HOLpER. WRITTEN ~)IMENsIoN$ QN TIIE~I~ BRAH- SABATELLO CONSTRUCTION OF FLORIDA. INC. A,~,,~’UMES NO LIABILITY FOR Till . CO. NSTRUGTIONOF FC0BIDA, INC. ~I I i INGS SHALL HAVE i Itl I .! INC,’NO PART oF THESE IDEA~PLANS ORDESIGNS MAY B~REPRODUCED OR COPIED IN ANY FORM WHAlSQEVER WITHOUT ]TIE EXPRESS WRITIEN CON~ENT OF THE CQPYRIGIJT I~OLDER. WRII"[EN I~MENSION$ ON THESE DR/IIll- iCE~r E~CE OV,~R ,SCALE DIMF.N~IONS. 9ABATELLO CONSTRUCTION OF FLdRIoA~ inc. A~SUMES NO LIABILITY FOR THE UttAUTHORIZED U~SE OI~THESE FLAN~,DRAWINGS ~ SF.ECIFICAIIGNS OR F~R ANY VARIATION FRO~ ~RIGINAL ~ECIF|CA~Gti~. i! i I Parcel 7 Taylor Woodrow Communities at Mirasol, LTD 11300 Mirasol Boulevard Palm Beach Gardens, FL 33418SF 70’ x 142.5’ (561) 622-1730 Sanders Planning Group, p.a. 2425 E. Commercial.Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-.8890 I I I / L r= il Mirasol Parcel Seven - C~.~a Del Lago PARCEl_ F E .-.TUFIES PALiVl BEACH ~3ARDENS,FLCIFItE)A | - I ’1 I ! ¯f m.:..,.....i ALTEr-,,,, ^-,-,.- ,-,,-.,,-,... TaviorWoodrowCommunities i~n/A~-~,--- ~-. ~-~ .. .....¯" "11300 Mirasol Boulevard ¯/I Pmr~_+=l 7 ~L~L.;I=~ HLAN !Palm Beach Gi+rdens, FL33418 I ""~"’" --""(561) 622-1730 ¯ISanders Planning Group, p.a 2425 F Commercial Blvd, #+107 Ft Lauderdale, FL 33308 954 491-B890................ t.+_ ............................................... ...._.._.,..._. ....... ........_ ( ) III / / I Taylor.Woodrow Communitiesi i ras o l site Plan at Mirasol, LTD 11300 airasol BoulevardParcel 9 s~ 120,x 142.5,Palm Beach Gardens, FL 33418 anders Planning GroupI p.,a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890. Miraso I P+c,~ mml- P~,R( :EL FEATURES PALi~ BEACH GARDENS,FLORIDA. TAYLOR WOODROW COM~UNMES / I / I / / /! ! M~’asol Golf Course Planting Plan PALM BEACH GARDENS,FLORIDA COMMUNITIES I!|iill I !|!1i > o IF--’ / / i/ / ,/ II Mirasol , ALTERNATEREAR~TaylorWoodrowCommuni,ies ......at Mirasol, LTD Parce 9 : ACCESS PLAN ’11300 Mirasol Boulevard i Palm Beach Gardens, FL 33418 (561) 622-1730 .Sanders Planning Group, p.a. 2425 E. CommercialBIvd.,. #407 Ft. Lauderdale, FL 33308 (954) 491-8890. = i Mirasol ,,Taylor Woodrow Communities Site Plan at Mirasol, LTD¯11300 Mirasol BoulevardParcel 10 s~ 120,x 142.5,Palm Beach Gardens, FL 33418 (561) 622-1730 =Sanders Planning Group, p.a. 2425 E. Commercial ,BIvd,, #407 Ft. Lauderdale~ FL 33308 (954) 491-8890~, i 0 (D "0 ~1. ..~ i’l"(l,..f’o1 P~rcel Ten - Pala.cio. PARCEL FEATUI=IES FLORIDAPALM BEACH GARDENS, T TAYLOR WOOOROW COMMUNmE8 1 "t. Mirasol ALTERNATE REAR Parcel 10 ¯ ACCESS PLAN Taylor Woodrow Communities at Mirasol, LTD 11300 MirasoI.Boulevard Palm Beach Galdens, FL 33418 (561) 622-1730 Sanders Planning Group, p.a. 2425 E. Commercial ..Bird,, #407 Ft. Lauderdalel FL 33308 (g54) 4 Mirasol ~o~~ PALM BEACH GARDENS,FLORIDA TAYLOR ~S i / / I O ( GOLF DI~E~"’I" PCD BEACH GARDEI~,FLORIDA |! |! || || PALM ~ACH ~~,~A CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: April 18, 2002 Date Prepared: March 27, 2002 SUBJECT/AGENDA ITEM SP-01-28 - Lot 12 within the NorthCorp Planned Community District Consideration of approval: Resolution 58, 2002, a request by Henry Skokowski of Urban Design Studio, agent for NorthCorp Development Corporation, for site plan approval of a 4,000 square-foot office building on Lot 12 of South Park Center Plat within the NorthCorp Planned Community District (PCD). The 1.81-acre site is located east of East Park Drive at the intersection with NorthCorp Parkway. (7-42S-42E) RECOMMENDATION Staff recommends approval of Resolution 58, 2002. Reviewed by: Principal Planner Talal Benothman~ City Attorney Leonard G. Rub’In D eve.~,f~A~nt Compliance Bahar~l~ Keshavarz, AICP Submitted by: Growth ~ Manag~lrI Directol~ ~.) (J,~ ~_,~ Charles K’. Wu, AICP Approved by.~ City Manag~~ Ronald M. Ferr Originating Dept.: Growth Management: Project ~ Manager KaFa Irwin Advertised: Date: Paper: Palm Beach Post .~[X~)~.Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Table 1 ¯ Table 2 ¯ Resolution 58, 2002 ¯ Waiver Justification ¯ Site Plan ¯ Landscape Plan ¯ Elevations, Floor and Roof Plans ¯ Previously approved Site Plan City Council Meeting Date: April 18, 2002 Date Prepared: March 27, 2002 Petition SP-01-28 BACKGROUND Lot 12 is part of the NorthCorp PCD, which was originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990. Ordinance 1, 1990, united all lands comprising the former RCA site into one development order. The original ordinance provided for an approval mechanism for future petitions within the PCD, assigned site-specific restrictions to certain lots, established maximum trip generations for the development, and established time-certain conditions of approval for certain road and drainage improvements. On March 16, 2000, Resolution 21, 2000, approved a site plan for a 2,625 square foot delicatessen and related improvements on Lot 12. The applicant is currently requesting to amend the site plan by proposing a 4,000 square foot office building on the site. LAND USE & ZONING The subject site is zoned Research and Industrial (M1), with a Planned Community District (PCD) overlay, has a future land-use designation of Industrial (I)., and is designated Commerce and Trade (CT) on the Vision Plan. CONCURRENCY The proposed project is not subject to concurrency because it is part of a large, previously approved planned development with a certain amount of capacity reserved. The City’s traffic consultant has reviewed the project to ensure that adequate capacity needed for the proposed expansion exists. PROJECT DETAILS Building Site The site, which totals 1.81 acres in size, is located on the east side of East Park Drive between the road and the east boundary of NorthCorp PCD. The site is undeveloped and is vacant, containing only annual grasses. There are a number of easements and utilities traversing the site, especially on the east property line. An existing 50’ drainage easement, which parallels the east property line, was abandoned, per the original approval of Lot 12, because it rendered the site unbuildable. The City abandoned rights to the drainage easement and was provided an alternate 50’ drainage easement immediately outside the eastern border of NorthCorp by the developer. The petitioner proposes to develop only the northern portion of Lot 12 at this time. Any future development of the southern part of the property would require an amendment to the site plan. Proiect Summary This proposal calls for the construction of a one-story, office building of 4,000 square feet. The 2 City Council Meeting Date: April 18, 2002 Date Prepared: March 27, 2002 Petition SP-01-28 building is proposed to be "Rich Cream" stucco in color, with "Buckwheat" trim color and a light green barrel tile roof. The existing drainage and utility easements limit the developable area of the site. Due to these limitations, the proposed site plan, landscape plan, parking layout, traffic circulation and elevations are nearly identical to the previously approved delicatessen site plan (attached). Site Access The site will have a driveway onto East Park Drive directly opposite its intersection with NorthCorp Parkway. The site plan also calls for an "exit only" drive at the northern end of the property. Parking The applicant is required to provide fourteen (14) spaces on site to meet the code requirements for professional or business office use (1 space per 300 square feet); the applicant has provided fifteen (15) spaces. The applicant has provided one loading space (12’ X 35’), per code requirements, to the rear the building, with the required maneuvering area. Sic/nac/e No ground signs are being proposed. The applicant proposes two flat wall signs, one on the east elevation of the building (facing the FEC Railroad and Alternate A1A) and the other on the western elevation, which would be visible from East Park Drive and NorthCorp Parkway. The applicant has requested that the signage proposed along Alternate A1A be considered the primary signage for the project and a waiver be considered for the signage on the west elevation of the building. Staff supports the request as both signs front onto rights-of-way, provided that the secondary is limited to half the size of the primary sign. Phasing The proposed project will be completed in two phases. The first phase will include the proposed office and its associated parking. The second phase (the south portion of the property) has proposed use at this time and will be subject to future site plan approval. Landscaping~Buffering The site meets the 15’ minimum landscape buffer along East Park Drive (west property line) well as the 8’ buffer requirement along the north and south property lines. Resolution 65, 1992, approved the NorthCorp Streetscape and Buffer Plan for the NorthCorp Planned Community District. The approved plan required a 15’ buffer along the eastern perimeter of the NorthCorp PCD boundary along the Railroad right-of-way. Since the date of approval, the applicant has acquired a fifty-foot strip of property from the Florida Eastcoast Railway along the entire eastern boundary of the NorthCorp Planned Community District. The subject property no longer abuts the railroad right-of-way, so the City Council Meeting Date: April 18, 2002 Date Prepared: March 27, 2002 Petition SP-01-28 current code requires an eight-foot buffer, but the NorthCorp Planned Community Development Buffer plan (Resolution 65, 1992) requires a 15’ buffer. The applicant is requesting a minimum buffer of 12.8 feet, which is a deviation from the 15’ buffer requirement. This request, if approved, would supercede the approved Resolution. The applicant has provided 45% open space on phase I of the project, which is in excess of the 28% required for Lot 12 by Ordinance 1, 1990. The applicant has provided 1,168 points of landscaping, which is in excess of the required 874 points. Drainaqe The drainage for the site was included in the NorthCorp Planned Community District surface water management system approved by Ordinance 1, 1990. After initial development within NorthCorp, the developer was required to resolve deficiencies in the original management plan. The City Engineer approved the NorthCorp Drainage Deficit Solution, which required additional storage and limitations on some of the remaining sites that are still undeveloped. Lot 12 has restrictions on the allowable impervious area as well as the parking lot grade and building finished floor elevation. The conceptual drainage plan has met the impervious area requirements of the deficit solution. The review of the lot grade and finished floor elevation will be done during construction plan review. Waivers Code Section Section 78-344 (I) - Parking Stall and Bay Dimensions Section 78-344(h) - Off-Street Stacking Distance Section 78-285- Wall Sign Required 10’X 18.5’ 100’ 1 sign Max. 36" height sign letters Provided 9’ X 18.5’ 70.2’ 2 signs Waiver 1 foot in width 29.8’ 1 sign Recommendation Support (1) Support (2) Support (with condition of approval) (3) The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. The code allows reduced spaces for office uses of a minimum nine feet by 18.5 feet, subject to approval by City Council. The plan must meet the minimum criteria of 1.5 square feet of additional open space for each square foot of paved parking area that is reduced in order to be eligible for the request. The applicant has provided staff with the site plan depicting regulation sized parking stalls and calculations for the additional open space required for the waiver. Since the applicant has provided the additional open space on the site, staff supports the request. 4 City Council Meeting Date: April 18, 2002 Date Prepared: March 27, 2002 Petition Spo01-28 The applicant cannot provide a full 100’ of stacking, and is requesting a waiver from the Code requirement. The applicant maintains that the site can only accommodate about 70.2 feet of stacking. Per City Code, the applicant is required to line up the access drive with the intersection of NorthCorp Parkway and East Park Drive at which point the lot is only 88 feet wide, so it is not possible to meet the code requirements for a 100 foot stacking distance. In addition, East Park Drive is a local roadway as opposed to a more heavily traveled collector roadway, such as Burns Road. The code allows the City Engineer to approve reductions of the stacking distance, if justified. Considering the factors mentioned above, the City Engineer has no objections to the reduction in the stacking distance for the proposed project. The applicant is proposing to provide the allowable wall signage on the eastern elevation and has requested a waiver for an additional wall sign on the west elevation. The site has visibility from Alternate A1A, which provides effective advertising for the site and is ultimately adjacent to the FEC right-of-way. Staff supports the applicant’s request for additional wall signage on the west elevation of the building with a condition of approval that the additional signage is reduced by half the size of the allowable signage for the western elevation of the building. The code allows a maximum wall sign area equal to 3% of the affected building elevation, which is 44 square feet for the proposed building. Staff recommends approval of the waiver request, provided that the applicant is allowed a maximum 22 square-foot wall sign on the western building elevation. PLANNING AND ZONING COMMISSION On January 22, 2002, the Planning and Zoning Commission recommended approval of petition SP-01-28 with a vote of 6-0. STAFF RECOMMENDATION Staff recommends approval of Resolution 58, 2002. City Council Meeting Date: April 18, 2002 Date Prepared: March 27, 2002 Petition SP-01-28 EXISTIN:G USE Subject Property Vacant/Undeveloped North Satellite dishes (Part of NorthCorp Center South Vacant/Undeveloped Retention West Lot 8 (retention) Lot 9 (vacant) Lot10/11 (offices) East FEC Railroad ZONING Planned Community District (PCD) Planned Community District (PCD) Planned Community District (PCD) Planned Community District (PCD) N/A LAND USE I (Industrial) (Industrial) I (Industrial) I (Industrial) N/A Code Requirement Site Zoning = PCD Also subject to Ordinance 1, 1990 Minimum Building Site Area Minimum Site Width Proposed Plan Office, Business or Professional N/A Consistent? Yes N/A N/A N/A Maximum Building Height for M-1 story Yes 1:50 feet Minimum Open Space:45%Yes 28% Front Setback:25 feet Yes 25 feet March 27, 2002 RESOLUTION 58, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF ONE PROFESSIONAL OFFICE BUILDING APPROXIMATELY 4,000 SQUARE FEET AS THE FIRST PHASE OF A TWO-PHASED PROJECT ON LOT 12 OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED JUST EAST OF THE INTERSECTION OF NORTHCORP PARKWAY AND EAST PARK DRIVE IN NORTHCORPPCD; AMENDING RESOLUTION 65, 1992, TO REDUCE THE REAR BUFFER OF THE PROPERTY; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 1, 1990 approved the NorthCorp PCD; and WHEREAS, Ordinance 1, 1990 provided that subsequent approvals for parcels within the PCD were to be processed as major site plan approvals without public notice and without advertising and were to be approved by resolution; and WHEREAS, the site plan was originally approved as a 2,625 square foot delicatessen through the adoption of Resolution 21, 2000; and WHEREAS, the applicant further requests an amendment to Resolution 65, 1992, to reduce the required NorthCorp Planned Community District rear landscape buffer on the subject site from 15 feet to 12.8 feet; and WHEREAS, the City of Palm Beach Gardens received an application (Petition SP-01-28) from NorthCorp Center, Inc. for a major amendment to the site plan approval for Lot 12 of the NorthCorp PCD as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the City’s Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on January 22, 2002, the Planning & Zoning Commission has reviewed the application and recommended approval of the application subject to conditions. Resolution 58, 2002 Meeting Date: April 18, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a major site plan to allow the construction of a 4,000 square-foot office building and related improvements on Lot 12 of the NorthCorp PCD as more particularly described in Exhibit "A" attached hereto. Section 2. All provisions and conditions of Ordinance 1, 1990 shall remain in full force and effect. Section 3. The City Council hereby amends Resolution 65, 1992, to reduce the required 15’ NorthCorp PCD buffer for the subject property to 12.8 feet. Section 4. This approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Prior to the issuance of a Building Permit, written permission from all easement holders must be obtained for parking, landscaping or any other improvements in the project’s remaining easements. (Planning & Zoning) No development in Phase 2 can take place until the City reviews and approves a revised site plan for that area. (Planning and Zoning) All landscaping and sidewalks (including phase I and phase II), as shown on the approved plans, shall be completed in accordance with the NorthCorp PCD master landscape and streetscape program prior to issuance of the first Certificate of Occupancy. (City Forester) Prior to the issuance of the first Building Permit, the applicant shall provide cross- sections of the east property line demonstrating that proposed elevations and proposed landscaping are compatible with the proposed 14.7’ elevation at the west side of the drainage ditch as determined by the City Engineer. (City Engineer) The primary signage shall be located on the eastern elevation and shall not exceed 64 square feet; the secondary signage shall be limited to half the size (32 square feet) of the primary signage. (Planning & Zoning) Section 5. The following waivers are hereby granted with this approval: Section 78-344 (I), Parking Stall and Bay Dimensions, to allow for 9’ X 18.5’ standard parking stalls. The Land Development Regulations require 10’X 18.5’ parking stall dimensions. Section 78-285, Wall Sign, to allow for an additional primary tenant wall sign on the west building elevation limited to 32 square feet. The Land Development Regulations allow one wall sign per building. Section 78-344 (h), Off-Street Stacking Distance, to allow for a minimum 70.2 foot stacking distance. The Land Development Regulations require a minimum 100 stacking distance. Resolution 58, 2002 Meeting Date: April 18, 2002 Section 6. Construction of the approved facility shall be in compliance with the following plans on file with the City’s Growth Management Department: February 5, 2002 Site Plan, Urban Design Studio, (1 sheet total) February 5, 2002 Landscape Plan, Urban Design Studio, (1 sheet total) September 27, 2001 Photometric Plan, Lighting Dynamics Incorporated, (1 sheet total) February 25, 2002 Front Elevation (West)/Floor Plan, D. William Beebe, (1 sheet total) February 25, 2002 East/North/South Elevations, D. William Beebe, (1 sheet total) February 25, 2002 Roof Plan, D. William Beebe, (1 sheet total) Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. ERIC JABLIN, MAYOR ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO CITY ATTORNEY AYE NAY ABSENT Resolution 58, 2002 Meeting Date: April 18, 2002 EXHIBIT A LEGAL DESCRIPTION Being all of Lot 12, lying in the Plat of South Park Center, as recorded in Plat Book 67, Pages 87 and 88 of the public records of Palm Beach County, Florida. 4 NORTHCORP PCD LOT 12 SITE PLAN AMENDMENT WAIVER REQUEST and JUSTIFICATION STATEMENT September 24, 2001 Waivers Waiver from Section 78-319 of the City Code to allow for a minimum 12.8 foot landscape buffer along the eastern property boundary. A waiver is requested from the 15-foot landscape buffer along the FEC railway. At one small portion of the proposed parking lot, the buffer width is 12.8 feet. The existing drainage and utility easements limit the developable area of the site. Additional landscaping, in excess of the buffer plan requirements, is proposed to be provided in this location. It should be noted that this portion of the landscape buffer is adjacent to the elevated FEC Railway and then Alternate A1A. This proposed modification will have no impact to the surrounding properties. Waiver from Section 78-344 of the City Code to allow for 9-foot wide parking spaces. We are requesting a waiver from Section 78-344 of the City Code to allow for 9-foot wide parking spaces. The City Code allows for 9-foot wide spaces for low-turnover parking spaces, such as a office uses with City Council approval. According to City Code, requests for reduction of parking space dimensions shall comply with the following standards: ¯Additional open space, at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced through the use of smaller parking spaces shall be provided. The additional pervious open space shall be provided as additional landscaping, pedestrian amenities, or vegetative preserve areas, and shall be calculated and identified on the project site plan. ¯The additional open space and, landscaping or related amenities required in this subsection shall be installed within the paved portions of the parking area. The following are the calculations indicating additional open space area provided through the reduction of the multi-family parking spaces. 15 parking spaces provided x 18.5 square feet (reduction of paved area per parking space) = 277.5 square feet 277.5 square feet of total reduced paved area x 1.5 code required ratio = 416.25 square feet or 0.00955 acres of required additional open space. The project site plan incorporates the 0.0095 acres of required additional open space by provided 64,770 square feet (1.48 acres) of total open space or 82% of the site. Pursuant to Ordinance 1990, 28% open space (0.506 acres) is required for this site. The site has 0.974 acres additional open space than what is required by Code. The additional 0.0095 acres of open space required for the reduction of the parking space dimension is located within the parking area of the site. For these reasons, we are requesting a waiver to allow 9-foot wide parking spaces. Waiver from Section 78-285, Wall Signs, to allow for two buildings signs We are seeking a waiver, at the direction of City staff, to allow for two signs on the proposed 4,000 square foot building. Section 285 of the City Code allows for Tenant Identification Signs and Building Identifier Signs. We are proposing a Building Identifier Sign and a Tenant Identification Sign. In addition, our proposal is consistent with the previous development approval for this site. We are seeking a waiver as the subject site is located on the interior the NorthCorp Planned Community Development. Signage facing east toward Alternate A1A is desired because of its visibility. The proposed signage on the western elevation would help direct traffic to the site from within the NorthCorp business park. The signage proposed along Alternate A1A is the primary signage for the project. For these reasons, we are seeking a waiver. I1~11 II--II ~ I~; ,11~. No~hcorp - Lot 12 South Park Center Palm Beach Gardens, Florida ~ Conceptual Site Plan tti I1~ iillil ~|11 .,I. I I1, II I|,i II ||1 F i~>’, i . ~, ~--~, North Corp Lot 12 South r enter Palm Beach .Gardens, Florida Landscape Plan~ ¯ z ® ® NO~T~CO~F ~ LOT 12 ~ ............"~’~1 ~t:~C~-~I~rl~C~’l~ North Polm Beoch, Flerido ~ST P~K O~lVB ~1~ ’>:: ....- ’ ~ PRESIDENTIAL CONSTRUCTION CORP. ~Z A PE’OPOSED BUILDING NO~TNC©~P LOT 12 EAST PAt2K DI21VE PALM BEACI-4 GAI2DENS, FL ~ },, ’ |NO~T~qCO~P LOT 12 ARCHITECT t~o~t~ ~.o,,~ .....~-,o,~,~o PRESIDENTIAL CONSTRUCTION CORP. // rth Corp Lot 12 South Parkc Site Plan PREVIOUSLY APPROVED ELEVATION CITY OF PALM BE. CH GARDENS CITY COUNCIL Growth Management Department Staff Rdport Meeting Date: April 18, 2002 Date Prepared: April 4, 2002 SUBJECT/AGENDA ITEM PCD-01-02 - MIRASOL PCD AMENDMENT First Reading for Ordinance 14, 2002- Anne Booth of Urban Design Studio, agent for Taylor- Woodrow Communities, Inc., is requesting approval for amendments to the Mirasol Planned Community District (PCD), including a time extension requested by the City to construct the City Park until the 2003 fiscal year, to allow for bonding of required platting, landscaping and infrastructure improvements prior to the build-out date, amend the Master Plan to accommodate a minor lake reconfiguration, and add a condition that creates a process to allow for access to the rear of homes on common open space throughout the PCD. The Mirasol PCD is bounded by PGA Boulevard to the south, Ronald Reagan Turnpike to the east, Hood Road to the north and the C-17 Canal to the west. (33-34-41S-42E; 3-4-42S-42E) RECOMMENDATION Staff recommends approval of Ordinance 14, 2002 with one (1) new condition of approval. Reviewed by: Principal Planner Talal Benothman~)P City Attorney Finance NA Human Res. NA Submitted by: Growth Manager~{ I Director~ Charles K. Wu, AICP Approved by,~ City Manag~ Ronald M. Fertis// Originating Dept.: Growth Management: PMra°JneaC~e r~ Edward Tom~, AICP Advertised: Not Required Affected parties: [ ] Notified [ X ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ x] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 14, 2002 ¯ Mirasol PCD Master Plan ¯ Map- Prior configuration: Parcel 20 Lake ¯ Map- New re- configuration: Parcel 20 Lake ¯ Memorandum: City Engineer City Council Meeting Date: April 18, 2002 Date Prepared: April 4, 2002 PCD-01-02 BACKGROUND The Mirasol PCD (f.k.a Golf Digest) was initially approved by Ordinance 21, 1998, and was subsequently amended by Ordinance 8, 2000 and Ordinance 18, 2001. The proposed PCD amendment is in response to a request by the City to amend a condition language requiring the completion of the 15-acre City Park prior to the issuance of the 500th residential certificate of occupancy, specifically condition 28 of the development order. Subsequently, additional items have been added to the PCD amendment as issues have arisen, including the following: (1)Adding language to condition 63 (CPTED condition), which would make CPTED review inclusive of the entire PCD, not just within the PCD parcels. (2)Revising the master plan to indicate a lake enlargement and deletion of recreation center that was done administratively in 2001. (3)Amending language to condition 72, to allow for the developer to bond landscaping and infrastructure improvements prior to build-out date. (4)Adding a new condition that creates a process for accessing the rear of homes through common open space throughout the PCD, in the event that access is unobtainable through the side yards. PROJECT DETAILS City Park Timing Due to budgetary concerns, the City has requested that this requirement be amended to the 800th residential certificate of occupancy, to allow for additional time to budget for a completed park, while permitting the developer the ability to acquire additional certificates of occupancy. The primary budget concern is that there has been no funds budgeted for staffing and maintenance of the completed park for fiscal year 2002, which ends on September 30, 2002. The City anticipates that the fiscal year 2003 budget shall include funding for the staffing and maintenance of the Mirasol City Park. Therefore, completion of the park after this date is acceptable to the City. The developer does not anticipate requesting more than 800 residential certificates of occupancy before September 30, 2002; therefore, the proposed amended language should not unfairly impede development schedule of the developer. Condition 28 of Ordinance 18, 2001, is proposed to be amended as follows: 2 City Council Meeting Date: April 18, 2002 Date Prepared: April 4, 2002 PCD-0t -02 "The applicant shall be responsible for park and recreation impact fees in the following manner:" a. "The applicant and/or .its successors or assigns shall construct a 15-acre park (on the parcel illustrated on the master plan), subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 5OO~ 800th residential certificate of occupancy..." Lake Reconf~quration In addition to the above amendment, the City has required the applicant to amend the PCD Master Plan to indicate a lake enlargement that was approved administratively on September 20, 2001 as part of a house cleaning measure. This previous administrative approval contained the following condition of approval: ’~/Vithin three (3) months of this approval, the applicant shall submit an application to revise the Mirasol PCD Master Plan to reflect the lake reconfiguration as shown on the Mirasol Parcel 20 Site Plan dated July 12, 2001." Adoption of the proposed PCD Master Plan, as exhibited in Ordinance 14, 2002, shall satisfy this condition. CPTED Review As part of the review of the most recent PCD amendment, the Police Department recommended that additional language be added to any future amendment to the PCD to extend Crime Prevention Through Environmental Design (CPTED) measures from "development parcels" only to areas throu.qhout the PCD. Lighting and visibility concerns within the Mirasol "Parkway System" also prompted concern about the limitation of the existing language. Therefore, the applicant proposes the following amendments to the existing language: Condition 63: "Crime Prevention through Environmental Design (CPTED) principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels and the PCD." Surety In Lieu of prior to Build-Out Date The applicant has requested amending the language to condition 72, to allow for the provision of surety for landscaping and infrastructure improvements prior to the build-out date. Code requires the completion of all infrastructure and landscape improvements City Council Meeting Date: April 18, 2002 Date Prepared: April 4, 2002 PCD-01-02 prior to the build-out date, as specified in the project’s Traffic Impact Analysis. Incomplete installation of these facilities would require the applicant to request a time extension from the City Council for completion of these improvements. Therefore, the applicant proposes the following amendments to the existing language: Condition 72: Consistent with C’~,~r,÷,~, I ~8 ~ Section 78-61 recordation of all plats, installation of all infrastructure, common area improvements and landscaping (or providing surety for the same), and dedication of facilities, rights-of-way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in ~ Section 78 of the City’s Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order." The City Engineer has reviewed the proposed language amendment and has no concerns (Memorandum from City Engineer attached.) Access to Back of Lots Additional concerns from the City Council have arisen while reviewing the residential parcels within the Mirasol PCD. These concerns center on future need for rear access for pool construction or yard maintenance due to the reduced side setback waiver. Staff has proposed language to address this concern that is acceptable to the master developer. The following language is as follows: New Condition 74: "The applicant shall make provisions in the homeowners association documents to provide means of access to rear yards throuqh common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subiect to limitations, conditions, restrictions and requirements, determined by the association and governmental entities havinq iurisdiction." (Planninq and Zoninq, City Attorney) STAFF RECOMMENDATION The City has requested that the applicant make the proposed amendments to allow for adequate budgeting for staffing and maintenance of the City Park. Staff also 4 City Council Meeting Date: April 18, 2002 Date Prepared: April 4, 2002 PCD-01-02 recommended the additional amendments to the CPTED language and the common access agreement to rear of yards. The City Engineer and City Attorney have Condition 72 and have raised no objections. the proposed amendment. reviewed the proposed amendment to Therefore, staff recommends approval of PLANNING AND ZONING COMMISSION At its February 12, 2002, meeting, the Planning and Zoning Commission held a public hearing on this application and unanimously recommended approval to the City Council. G:ed/2002/pcd0102st Last Revised: April 1, 2002 April 3, 2002 ORDINANCE 14, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 18, 2001, AND APPROVING AN AMENDMENT TO THE;MIRASOL PLANNED COMMUNITY DISTRICT (FORMERLY KNOWN AS GOLF DIGEST) AMENDING CONDITIONS OF APPROVAL RELATING TO PARK IMPROVEMENTS, CPTED PRINCIPLES, BONDING OF INFRASTRUCTURE AND LANDSCAPING IMPROVEMENTS; AND REQUIRING A MECHANISM FOR REAR YARD ACCESS AND RECONFIGURING A LAKE PARCEL AT THE SITE, LOCATED BETWEEN PGA BOULEVARD AND HOOD ROAD, AND FLORIDA’S TURNPIKE AND THE C-18 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 21, 1998, providing for development of a 2,304.79 acre Planned Community District (PCD), as subsequently amended by Ordinance 8, 2000, and Ordinance 18, 2001 ; and WHEREAS, the City of Palm Beach Gardens received an application (PCD-01-02) from Taylor-Woodrow Communities Inc., for approval of amendments to conditions of approval of the "Mirasol PCD," which is located between PGA Boulevard and Hood Road, and the Florida’s Turnpike and the C-18 Canal; and WHEREAS, the 2,304.79 acre "Mirasol PCD" site is currently zoned Planned Community District (PCD) with a future land use designation of Residential Low (RL); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on February 12, 2002, the City’s Planning and Zoning Commission reviewed said application and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby Ordinance 14, 2002 Date Revised: April 3, 2002 approves amendments to conditions of approval placed on the "Mirasol PCD" master plan and subsequent amendments thereto. The subject site is located between PGA Boulevard and Hood Road, and the Florida’s Turnpike and the C-18 Canal, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. The City Council hereby amends Ordinance 18, 2001, by modifying conditions of approval Numbers 28, 63, and 72 to read as follows: Condition 28: "The applicant shall be responsible for park and recreation impact fees in the following manner:" "The applicant and/or its successors or assigns shall construct a 15- acre park (on the parcel illustrated on the master plan), subject City design standards, and shall dedicate said improved park to the City prior to issuance of the 500t~ 800th residential Certificate of Occupancy." Condition 63: "Crime Prevention through Environmental Design (CPTED) principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels and the PCD." Condition 72: "Consistent with c,~,-~,,,~,, 118 A 6 Section 78-61 recordation of all plats, installation of all infrastructure, common area improvements and landscaping (or providing surety for the same), and dedication of facilities, rights-of-way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in C, haf~e~--14~ Section 78 of the City’s Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order." SECTION 3. The City Council hereby amends Ordinance 18, 2001, by adding a new condition of approval Number 74 to read as follows: Condition 74: The applicant shall make provisions in the homeowners association documents to provide means of access to rear yards throuqh common areas, lake maintenance easements and ,qolf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, imposed by the association and governmental entities having jurisdiction." (Planning and Zonin.q, City Attorney) SECTION 4. The City Council amends Ordinance 18, 2001, by modifying the PCD 2 Ordinance 14, 2002 Date Revised: April 3, 2002 Master Plan to reflect a lake reconfiguration that is part of Parcel 20, as shown in the amended PCD Master Plan included as Exhibit "B" hereto. SECTION 5. Construction of the Planned Community District shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)December 14, 2001 PCD Master Plan, Urban Design Studios, 1 Sheet. (2)December 14, 2001 Development Phasing Plan, Urban Design Studios, 1 Sheet. (3)December 14, 2001 Common Area Phasing Plan, Urban Design Studios, 1 Sheet. (4)December 14, 2001 Sidewalk Location Plan, Urban Design Studios, 1 Sheet. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO 3 Ordinance 14, 2002 Date Revised: April 3, 2002 ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO AYE LEN RUBIN, CITY ATTORNEY NAY ABSENT 4 Ordinance 14, 2002 Date Revised: April 3, 2002 EXHIBIT A (next two pages attached) g/ed/2OO2:pcdO 102ord 5 EXCERT ....... dis~=nc~ of ~.~25.15 f~t’ 7h~n:~ So~th 01"50’59" ~st, c ~st:n:~-cf T:~inus ~f ;~.,,. h~r*in, d:sctibed iin:.., TogBth~r ~h the ~ "S~-~; -, richt of w~7 of "~ ’".,,u.._ ~, th~ County C~,,,,issian cf S~pt~r ~,1Bi1 and April 20, i£27 on~ in R~t ~f Se~on. 3Z, T~nshi~ ~i..~u~h, Rcr, ge ~_’~ E~t ivln~. . ~o" ,’~-’!v., :f in’ -_ South ..... right of ~c/ I in~ ~f H::# Roc~ ~s -’ ....:’ -~’, ’-"C~i~~i~--~f-"ST~t~Oer 5, I£!i and k~ri~ 20, 1~27 =no in R~ght I Oeeds re~srded in Official R~cords ~ook 11J~, p~g~ ~5, Officici R~csrd~ 3B2, ~:ge 30$ =n~ Offi..:=]-, R~=r~ Book 5570, p~e, 11’~’ __;:S3 k~ ~CEPTI~ THER£FR@~ th: right. ~f ~c 7 ~f FIcF~ : Turnpik~ ,~ ~ " l~ : Courtde:crlbed in Oesd Book 1119 at page ~73 end Minutes of ~h. 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" .... s~id po;n~ b ....North 45’3Q’!0" West) having :n,_n__ r~r~;, .en 9 ~h~ ~r= =r sold ::rv: [hrou~ (o rod~ci ~in~.~c~nc_ thrcuo~, s~d point beers thr~uc~ ~ ~.n=’’~ :n=i¢ ~f 07"01’~’" " South =: 24 ;:__-,,=-~: c d~st.:nc~, c~ 10~7,~‘..~ +~’.--, ..... ~.~ 7,’w .~ ~, RG~ .- - EXHIBIT B PROPOSED N88°10’53"W 812.52’ n~srParki 6F’3 Ac POTENTIAL LOCATION TO ACCOMI FUTURE PEDESTRII CROSSING OVER TURf 22 Residentia (Med.) 7.9 Ac Lake 21 Residential (aed.) 7.9 Ac -4,73 Ac. ( Residential (Med.) 11.6 Ac II II It 17 (Med. 9.7Ac Residential (Low) 16,8 Ac Lake 34,71 Ac Lake 34.71 Ac I I ¯ UTILITY Z ~ntlal (Med.) 1.3 Ac ! # Residential (Med.) " 19.2 Ac COMMERCIAL 12.0 AC 30.95 Ac N05^24’ 472.25’ 19^40’01’ 344.64’ N55^05’09"E 347.11’ MASTER P~N GO~ DIGEST PCD EXISTING 29 (D) Realdes.~ (Hi,hi 41.87 Ac (Includes - N88°10’53"W 812.52’ 21 (Med.) 7.9 A~ 11.6 Ac Cents- 3.92 AC 18(I) Residential (Low) 16.8 Ac 34.71 AC Lake 34.7t TO ACCOMM( FUTURE PEDESTRIAN CROSSING OVER TURNP F1 OATE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 5, 2002 Meeting Date: April 18, 2002 Subject/Agenda Item: Consideration of Ordinance 18, 2002, authorizing the temporary, interim or partial closure of streets and other public rights-of-way when such temporary closure serves a proper public purpose Recommendation: Approval of Ordinance 18, 2002 Reviewed by: City Attorney Public Work~~.~ City Engineer Submitted by: City Attorney Cffy IVlanagef 1 Originating Dept: City Attorne~ Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memo Ordinance 18, 2002 M E M O R A N D U M WA-ITERSON, HYLAND & KLETT, P.A. To: From: Subject: Date: CC: Hon. Mayor and City Council Leonard G. Rubin, City Attorney Ordinance 18, 2002 April 5, 2002 Ron Ferris, City Manager This is a request for approval of Ordinance 18, 2002, which authorizes the temporary and partial closure of streets and other public rights-of-way when such temporary closure serves a proper public purpose. As currently drafted, the City Code of Ordinances prohibits any person, including the City itself, from blocking offor fencing any publicly dedicated street, sidewalk or alley within the City. There may be certain circumstances, however, where blocking off or partially blocking a public street or sidewalk serves a proper public purpose. The adoption of this ordinance would allow the City Council to authorize the closure of public streets for special events, such as fairs or festivals. The adoption of this ordinance is also necessary to effectuate the proposed Interlocal Agreement with the Palm Beach County School District for the construction of the new baseball field on Lilac Street. That project can only move forward if Lilac Street is blocked off during school hours and school sponsored events to ensure the uninterrupted ingress and egress by students, faculty and guests. The School District is prohibited by law from constructing this facility if the students must navigate traffic and cross a public right-of-way. It is anticipated that the School District would fund a fence to be placed across the roadway during the designated hours to restrict traffic flow, while at the same time allowing access by emergency vehicles. Hon. Mayor and City Council April 5, 2002 Page 2 The adoption of the subject ordinance obviates the need to formally abandon that portion of Lilac Street connecting the public properties. Pursuant to the express terms of the resolution, the City Council will need to approve the temporary, interim or partial closure of public streets by resolution and must affirmatively find that such closure serves a proper public purpose. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\HISTORY~020312A\446.98(319.055)152 CITY OF PALM BEACH GARDENS ORDINANCE NO. 18, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING SECTION 62-2, "OBSTRUCTIONS PROHIBITED," OF ARTICLE I, "IN GENERAL," OF CHAPTER 62, "STREETS, SIDEWALKS AND CERTAIN OTHER PUBLIC PLACES," OF THE CITY CODE OF ORDINANCES TO AUTHORIZE TEMPORARY, INTERIM OR PARTIAL CLOSURE OF PUBLICLY DEDICATED STREETS AND RIGHTS-OF-WAY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 62-2 of the City Code of Ordinances prohibits any person from obstructing a publicly dedicated street, sidewalk or alley within the City; and WHEREAS, the City desires to amend section 62-2 to authorize temporary, interim or partial closure of such public rights-of-way when such temporary closure serves a proper public purpose; and WHEREAS, the City Council hereby determines that the adoption of this ordinance is in the best interests of the public health, safety and welfare 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 "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2: The City Council hereby amends section 62-2, "Obstructions prohibited" of Article I, "In General," of Chapter 62, "Streets, Sidewalks and Certain Other Public Places," of the City’s Code of Ordinances to read as follows: Sec. 62-2. Obstructions prohibited. No person shall block off, fence, or in any way appropriate to his, her or its own use, or attempt so to do, any publicly dedicated street, sidewalk, right of way, or alley within the city, provided, however, the city council may, by resolution, approve the temporary, interim or partial closure of a publicly dedicated street, sidewalk, right of way or alley if the council finds that such closure serves a proper public purpose. SECTION 3: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 4: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF ,2002. ,2002. ,2002. SIGNED: MAYOR JABLIN COUNCILMAN CLARK VICE MAYOR SABATELLO COUNCILMAN RUSSO ATTESTED BY: COUNCILWOMAN DELGADO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY -2- VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO P :\C PWi n\H I STO RY~020220A\43 F. F3(319.062) Ig r-doc243 -3- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item: Meeting Date: April 18, 2002 Date Prepared: April 8, 2002 Discussion of a proposed comprehensive plan amendment to allow government entities to develop properties, of less than five acres of land, west of the city’s urban growth boundary if designated Conservation on the city’s Future Land Use Map. RecommendationlMotion: Staff recommends a City Council directive to process a city-initiated comprehensive plan amendment to allow government facilities on less than five acres of land west of the city’s urban growth boundary if designated Conservation on the city’s Future Land Use Map. Reviewed by: ~ Other Growth Mgt. Director City M~na’ger ~ Originating Dept.: Planning Division Advertised: Date: Paper: [ X ] Not Required Affected parties --~ified [ X ] Not required Costs: $ N/A Total $. N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 1.Letter from Palm Beach County dated 1-30-02. 2.Policy 1.1.5.1 from the Future Land Use Element. 3.Future Land Use Map [ ] None BACKGROUND: In March 2001, the Florida Fish and Game Commission submitted a development application to develop a "Florida Fish and Wildlife Operations Center" on three acres of land north of the Beeline Highway and west of the city’s urban growth boundary. This facility was to be used primarily for maintenance equipment for the conservation areas in northern Palm Beach County. However, Policy 1.1.5.1.(a).2 of the Future Land Use Element in the city’s comprehensive plan requires that all development west of the urban growth boundary be at least 250 acres in size. (A copy of the policy and a map of the urban growth boundary are attached). The intent of this policy is to require larger planned developments in areas where urban services may be limited. This same policy allows the City Council to waive this requirement for parcels of land that legally existed prior to February 19, 1998. The application from the Fish and Game Commission could not be processed because the parcel of land for their proposed facility was less than 250 acres. The Palm Beach County Department of Environmental Resources Management is also interested in developing a similar facility in the western area of the city. The director of that department has submitted a letter dated January 30, 2002, supporting a city-initiated comprehensive plan text amendment to allow government facilities to be developed on less than 250 acres west of the city’s urban growth boundary. A copy of the letter is attached. Staff supports this proposed comprehensive plan amendment given the need for maintenance facilities for the extensive conservation areas in the city. However, such developments should be limited in size and location. Staff recommends allowing government facilities west of the urban growth boundary on less than five acres of land and in areas designated Conservation on the city’s Future Land Use Map. The specific text will be developed if the City Council directs staff to initiate such an amendment. If the comprehensive plan is amended to allow such facilities, they would still be processed through the city’s standard zoning review process. STAFF RECOMMENDATION: The City Council should direct staff to initiate a text amendment to the comprehensive plan to allow government facilities on less than five acres of land west of the urban growth boundary in areas designated Conservation on the city’s Future Land Use Map. This proposed comprehensive plan amendment would be processed in Round 2 in the second half of calendar year 2002. g:\sc\txt\cp-02-02cc 2 Department of Environmental Resources Management 3323 Belvedere Road. Building 502 West Palm Beach, FL 33406-1548 (561 ) 233-2400 Fax: (561) 233-2414 www. pbcgov.com Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A Roberts. Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson "lbny Masilotti Addie L Greene County Administrator Robert Weisman "A n Equal Opporruni~ AJfirmatwe Action Employer" January 30, 2002 Mr. Charles Wu Growth Management Director City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, Florida 33410 Dear Mr. Wu: The Department of Environmental Resources Management (ERM) hasbecome aware of the preparation of an amendment to the City of Palm Beach Gardens Growth Management Plan. This amendment would exempt government entities from the growth regulations west of the City urban service boundary requiring ownership of 250 contiguous acres in order to pursue development on the land. Palm Beach County’s ERM would like to support the proposed amendment because the change would provide more flexibility in providing access and potential maintenance facilities to manage three natural areas in northern Palm Beach County, encompassing 17,000 plus acres of environmentally sensitive lands. As always, we appreciate th4 cooperation and assistance from the City of Palm Beach Gardens in the acquisition of environmentally sensitive lands within the city and your recent efforts to help ERM secure funding for these tracts through the Florida Community Trust grant process. We look forward to working with you and your staff in planning the future pUblic access to the Loxahatchee Slough and Hungryland Slough Natural Areas. Sincof~, .,¢ L~y, Di~~e’ct~or~ REW:cls:vj cc: Treasure Coast Planning Council Florida Fish & Wildlife Conservation Commission ~ printed on recycled paper City of Palm Beach Gardens Comprehensive Plan I Adopted January 4, 1990 Amendment Adopted August 1, 1991 Amendment Adopted September 5, 1991 Aanendment Adopted December 5, 1991 Amendment Adopted October 22, 1992 Amendment Adopted December 2, 1993 Amendment Adopted December 2, 1993 Amendment Adopted November 3, 1994 Amendment Adopted October 5, 1995 Amendment Adopted December 7, 1995 Amendment Adopted August 6, 1998 Amendments Adopted December 17, 1998 Amendments Adopted November 4, 1999 Amendment Adopted December 22, 1999 Amendment Adopted February 2, 2000 ~Policy 1.1.5.1.(a).2: For all properties west of the urban growth boundary (Loxahatchee Slough), the City shall impose the following requirements, and shall land development regulations necessary to implement these requirements. Development shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area..All proposed development shall include a minimum of 250 acres which shall be rezoned to either: 1) Planned Community District (PCD) and contain, a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. FUTURE LAND USE 6/99 #99-1 Amendment 1-24 Ordinance 27, 1999 tli XIV. CITY ATTORNEY REPORT: a.Approval of payment to RA CO AMO. M E M O R A N D U M WA-I-FERSON, HYLAND & KLETI-, P.A. To: CC: From: Subject: Date: Honorable Mayor and City Co/~cil LRe°onn~re~r~i’. CRi~YbiMn,a~;i~,rtt~Zy ~ Proposed Settlement with IRA CO AMO INC. April 8, 2002 This is a request for approval of a payment to RA CO AMO, INC. in the amount of $29,497.00 in connection with the eminent domain proceedings initiated by the City for the Burns Road widening. The City Council approved the settlement with RA CO AMO on October 18, 2001. Paragraph 6 of the Settlement Agreement between the City and RA CO AMO (copy attached) requires IRA CO AMO to construct certain site modifications relating the redesign of the driveway and parking area and requires the City to pay the reasonable costs associated with such modifications. RA CO AMO provided the City with two separate bids for the site modifications. Upon review of the bids, the City Engineer recommended approval of the quote from Rood Landscape, Inc. in the amount of $29,497.00. In accordance with the foregoing, this office is seeking City Council approval of this payment. The total settlement amount is well within the budget established by the City for the Burns Road project and will be paid with bond funds. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\History\000306A\446.23(scw)(319.090)doc-65 LAW OYYIC~ PAUL R. GOLIS, P.A. 2000 GLADES ROAD SUITE 208 BOCA RATON, FLORIDA 33431 PAUL R. GOLIS TELEPHONE (~61) 367-9"~7Y FACSIMILE (561) 36~0709 VIA FAC__S.!MILE TRANSMISSION ~ 561-..844~338_8 AND U.S. MAll.. February 19, 2002 Donald R. Bicknell, Jr. Esquire Gary, Dytrych & Ryan, P.A. 701 US Highway 1 Suite 402 North Palm Beach, Florida 33408 Re: City of Palm Beach Gardens vs. Weiss Group, Inc. Your Client: Ra Co Amo, Inc. (Parcel No.: 503-1) Dear Don: i apologize for the delay in getting back with you relative to the two cost proposals but only recently was able to speak with the City Engineer regarding them. In that regard, Daniel Clark has advised me that on behalf of the City he is agreeable to payment of the revised quote from Rood Landscape, lnc. in the amount of $29,497.00. Mr. Clark has advised me they will take approximately six weeks for this matter to get on the City Counsel’s agenda and to remit payment to you. In the interim, should you have any questions in regards to the foregoing, please do not hesitate to contact me. Paul R. Golis PRG/Ipw cc:Leonard G. Rubin, Esquire, City Attorney- via U.S. Mail Mr. Daniel P. Clark, P.E., City Engineer - via U.S. Mail =~:bO ~80~ bO "Jdu 60L089C 19~ : "ON BNOHd SA±±U ’NUNdUH3-AB]]I±-SI]00 : HON~ IN THE CIRCUIT COURT OF THE 15~ JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: CL-OO-5818-AO CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida. PARCEL NO.:503-1 Petitioner, VS. WEISS GROUP, INC., a Florida corporation, et al. Defendants, / STIPULATED FINAL JUDGMENT AND JOINT MOTION RELATING THERETO THIS CAUSE having come before this Court upon the Joint Motion for entry of a Stipulated Final Judgment between Petitioner, City of Palm Beach Gardens ("CITY") and Defendant, RA CO AMO, INC., a Florida corporation ("RA CO AMO") as set forth below, and the Court, being fully advised in the premises, it is thereupon ORDERED AND ADJUDGED as follows: 1. RA CO AMO, shall receive from CITY the sum of Thirty Five Thousand and 00/100 Dollars ($35,000.00), representing full compensation for all damages claimed whatsoever with respect to Parcel 503-1, including but not limited to, the value of the land and improvements acquired, severance damages, and all other special damages, exclusive of reasonable attorneys’ fees, experts’ fees, and court costs. 2.RA CO AMO, shall recover from CITY the sum of Ten Thousand and 00/100 Dollars ($10,000.00) representing full compensation for all reasonable attorneys’ fees, payable to Shutts & Bowen, LLP and Gary, Dytrych & Ryan, P.A. in the defense of RA CO AMO, as to Parcel 503-1. 3. CITY’s previous Court Registry deposit of Sixteen Thousand Five Hundred Eighty Five and 00/100 Dollars ($16,585.00)is hereby acknowledged and such is credited against the total sums recoverable by RA CO AMO. The balance owing on the total recoverable sum to RA CO AMO and referenced in Paragraphs 1 and 2 above is Twenty Eight Thousand Four Hundred Fifteen and 00/100 Dollars ($28,415.00). 4.Within thirty (30) days of its receipt of a conformed copy of this Stipulated Final Judgment, CITY, shall deposit the sum of Twenty Eight Thousand Four Hundred Fifteen and 00/100 Dollars ($28,415.00) into the Registry of the Court; and also within thirty (30) days of its receipt of a conformed copy of this Stipulated Final Judgment CITY shall apply for all variances and waivers that may be required in order to enable Defendant, RA CO AMO, Inc., to construct the cure depicted on Exhibit "A" attached hereto. 5.Upon receipt of these funds specified in Paragraph 4, the Clerk of the Court shall forthwith and without further order of the Court disburse the sum of Twenty Eight Thousand Four Hundred Fifteen and 00/100 Dollars ($28,415.00) to Defendant RA CO AMO, INC., by making its check payable to Gary, Dytrych & Ryan, P.A. Trust Account, and mailing same to Donald R. Bicknell, Jr., Esquire, Gary, Dytrych & Ryan, P.A., 701 U.S. Highway One, Suite 402, North Palm Beach, Florida 33408. 6.RA CO AMO shall construct the site modifications, including those driveway connections, in the widths and at the locations shown, as depicted upon Exhibit "A" attached hereto; and CITY shall pay the reasonable costs incurred by RA CO MO, in connection with the site modifications depicted in Exhibit "A" attached hereto. 7. This Stipulated Final Judgment is expressly contingent upon approval by the City Council of the CITY and Petitioner securing from the City Council of the City of Palm Beach Gardens, at CITY’S sole cost and expense, all waivers and variances that may be required in order to enable Defendant, RA CO AMO to construct, ~ oee~-~.e~ee, the cure depicted on Exhibit "A", without the imposition of any additional conditions or requirements. In the event this Stipulated Final Judgment is not approved by the City Council of the City of Palm Beach Gardens, or said waivers and/or variances from the CITY are not granted, or are granted only upon compliance with additional conditions or requirements, the parties agree that Defendant RA CO AMO, may reopen this case by filing a Supplemental Claim herein for additional compensation and/or damages. 8. Upon receipt of the funds specified in Paragraph 5, Donald R. Bicknell, Jr., Esquire, is hereby directed to disburse the funds to the appropriate parties, pursuant to the terms of this Stipulated Final Judgment. 9. CITY’s vested title to the property designated as Parcel 503-1 in this case, and further described in the legal description thereof attached hereto as Exhibit "B", is hereby approved, ratified and confirmed. 10. The Court reserves jurisdiction for a subsequent determination as to the reasonable costs incurred for the construction of the site modifications depicted in Exhibit "A" attached hereto, in the event CITY and RA CO AMO are unable to agree as to the amount CITY is obligated to pay RA CO AMO for said construction costs. 11. CITY and RA CO AMO agree that the Circuit Court shall maintain continuing jurisdiction to enforce the terms of this Stipulated Final Judgment and to resolve any other disputes that may arise in this action. Petitioner, CITY OF PALM BEACH GARDENS and Defendant, RA CO AMO, INC., by and through their undersigned counsel, respectfully move for the entry of the above Stipulated Final Judgment. Dated this ,-~L(’? day of September, 2001. Paul R. Golis, P.A. Special Counsel for City of Palm Beach Gardens 2000 Glades Road, Suite 208 Boca Raton, Florida 33431 Tel.: (561) 367-9777 Fax.:(561 ) .3~8-0709 By: Paul R. Golis, Esquire FL Bar No.: 405132 Gary, Dytrych & Ryan, P.A. Attorneys for RA CO AMO, INC. 701 US Hwy 1, Suite 402 North Palm Beach, Florida 33408 Tel.: (561) 844-3700 Donald R. Bickne’~qiT-dr., Es~uir~:,~... FL Bar No.: 253588 Parcel 503-1 legally EXHIBIT "B" described as follows: A PARCEL OF LAND LYING WITHIN LANDS PREVIOUSLY DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 7983, PAGE 1788 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL OF LAND DESCRIBED IN ORB 7983, PG. 1788, BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BURNS ROAD (WIDTH VARIES). THENCE SOUTH 89°29’38" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 194.49 FEET TO THE POINT OF CUSP OF A CURVE CONCAVE TO THE SOUTHEAST; SAID CURVE HAVING A RADIUS OF 2160.00 FEET AND A CENTRAL ANGEL OF 05°09’58"; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 194.78 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN ORB 7983, PAGE 1788; THENCE NORTH 1°30’22 ’’ EAST ALONG SAID LINE, A DISTANCE OF 8.77 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING 568.30 SQUARE FEET, MORE OR LESS. XIV. CITY ATTORNEY REPORT: b. Sale of former Fire Station No. 4. M E M O R A N D U M WA-Iq-ERSON, HYLAND & KLEFI-, P.A. To: From: Subject: Date: Hon. Mayor and City Council Leonard G. Rubin, City Attorne~ ~:r,~" Sale of Former Fire Station No. 4 (PGA National) April 5, 2002 Ron Ferris, City Manager This is a request for approval of the sale of the former Fire Station No. 4 property to Steven Tend rich for $210,000.00. By way of backgrou nd, Fire Station No. 4 was conveyed to the City by PGA National Venture, Ltd., the developer of PGA National. The dedication of the site to the City for use as a fire station was a requirement of the Master Development Order for PGA National. As this Council is well aware, the developers of the Mirasol PCD were required to dedicate and construct a new fire station on Jog Road, north of PGA Boulevard, to replace the PGA National Fire Station. The new Fire Station No. 4 is now completed and occupied and the former Station No. 4 is now vacant. The City was approached by Steve Tendrich, who indicated that he was interested in purchasing the property from the City. In researching Mr. Tendrich’s request, this office discovered that the Warranty Deed conveying the property to the City contained the following reservation: The aforesaid lands are dedicated to the City of Palm Beach Gardens, Florida as a fire station and to be used and maintained by said City as a fire station in perpetuity consistent with other fire stations within the City of Palm Beach Gardens. A copy of the deed and my memo to the City Manager and Fire Chief is attached hereto as Exhibit "A." Based on the foregoing, PGA National Venture, Ltd., the original Grantor, retains an interest in the property should the City no longer use it for a fire station. Therefore, prior to conveying Fire Station No. 4 to a third party, the Citywould be required to obtain a release or a quit claim deed from PGA National Venture disclaiming any interest in the property. Hon. Mayor and City Council April 5, 2002 Parle 2 When this information was conveyed back to Mr. Tendrich, Mr. Tendrich assured the City that he could obtain such a release as part of the transaction. With respect to the disposal of surplus real property, there are no statutory or code requirements or procedures. In order to establish a sale price, Mr. Tendrich agreed to pay for an independent appraisal commissioned by the City. A copy of my letter to Mr. Tendrich is attached as Exhibit "B." According to the appraisal report dated January 28, 2002 prepare d by S.F. Holden, Inc., the fair market value of the subject property is $210,000.00. A copy of the appraisal is attached as Exhibit "C." As indicated above, the City may not convey the property unless it obtains a release of the deed restriction from PGA National Venture, Ltd. Therefore, the City’s options are rather limited. Mr. Tendrich has represented that he can obtain a release of the deed restriction from the developer of PGA National and that he will pay fair market value for the property as determined by the appraisal report. Consequently, this office seeks approval from the City Council to authorize City staff to negotiate the final sale of the property to Mr. Tendrich for the price stated herein. Mr. Tendrich would be responsible for all costs associated with the transfer of ownership. Should you have any questions relative to the foregoing, please do not hesitate to contact me. P:\CPWin\HISTORY\020402A\446.9E(319.055)158 EXHIBIT "A" M E M O R A N D U M WATTERSON, HYLAND & KLETF, P.A. To: From: Subject: File No: Date: Ronald Ferris, City Manager Pete Bergel, Fire Chief Leonard G. Rubin, City Attorney Fire Station No. 4 (PGA National) 319.058 July 17, 2001 As a follow up to our conversation, attached please find a copy of the Special Warranty Deed conveying the fire station property from PGA National Venture, Ltd. to the City. As set forth therein, the lands were dedicated to the City as a fire station and must be used and maintained by the City as a fire station in perpetuity consistent with other fire stations within the City of Palm Beach Gardens. With regard to the method of disposing of surplus property, the Attorney General has opined that in the absence of a city charter provision, ordinance or rule to the contrary, a city council may, in its discretion, utilize whatever method or procedure it decides will be in the best interest of the city in disposing of surplus municipal property, including real property. While the City has a general procedure applicable to the disposition of surplus personal property, I have been informed by Finance that there are no set procedures in place applicable to surplus real property. As we discussed, however, the City should, at a minimum, obtain at least one independent appraisal of the property prior to its conveyance to a third party. We can discuss the specifics in greater detail when we have more information. I have spoken with Jack Hanson, who indicated that he should be able to locate a survey of the property within the next few days. Should you have any additional questions relative to the foregoing, please do not hesitate to contact me. P:\CPWin\HISTORY~O10625A\443.35C(319.058) "~ ,, ~SEP-OI-I?88 iO:03am 88--243427 WARRANTY DEED, SPECIAL,r.,.o. oo.,.ORB 5793 P~ 1562 This p cial arrant 9th ~=, o~ November , A. D. ,0 PGA NATIONAL ~NTU~, LTD., a Florida Limited Partnership ~a~ 1555 Palm Beach Lakes Blvd., Suite 1100, West Palm Beach, FL he~n=fl~ c~ll~ ~ ~ran/or, tO THE CITY OF PALM BEACH GARDENS, a municipality of the State of Florida ~os~ po~o~f~c~a~ss ~ 10500 N. Military Trail, Palm Beach Gardens, FL hereina[ler calle~ the gran~ee: (Wherever used herein the terms "gr~tor" an~ "grantee" include all lhe parties to this instrument and thc heirs,legal representatives and assigns o~ indJviduals, and the successors and ~slgns of corporations) itntsstth: rh~, ,ho ,ranlor, for and in considera,ion o¢ ,he Sum of S ~ 0. O0 and o,her valuable considerations, receipt whereof is here~y acknowledged, by these presents does orant. ~ar~ain. sell, alien, remise, release, convey and confirm unto the ~rantee, all that certain land situate in Palm Beach County, Florida, uiz: approximately 0.705 acres as more particularly de- scribed in Exhibi~ "A" a~ached hereto and made a part hereof, subject ~o: 1) easements, conditions, restrictions, reservations and matters of record, ~axes ~or I987 and thereafter, jurisdiction of the Northern Palm Beach County ~a~er Control District; and 2) ~he PGA ~ational Deciara~on of Covenants and Restrictions, re- corded in 0.R. Book 3085, page 777, Public Records of Palm Beach County, Florida, as amended. The a/oresaid lands are dedicated ~o ~he C~gy of Palm Beach Gardens, Florida as a fire s~a~on and ~o be used and maintained by said as a fire s~a~on ~n perpetuity consistent w~th other fire stagions within ~he C~y of Paim Beach Gardens. 88-243427 Con iO.O00oc ,55JOHN 80UNKLE~CLERK - PB COUNTY~ FL ~i~e apperfaining. ~d ihe oramor heregy covenants with said 9rantee that it is lawfully seized of said land in ’~b’[~.; that it has 9ood right and la~[ul, aulhority Iv sell and convey said land: that it here~y fully war- "," rdni~ ihe’.Jitle to said land and will defend the same a~,inst the lawful claims of all persons claimin~ .... ,.-".:.. " itntss hert0f ,ho has caused lhesepresents ":’. ~ .....~’, (cdRpORATE SEAL)be executed in its name. and its corporate seal to ~e hereunto affixed. ~y ¯ ’ . ".....proper officers thereunto duly authorized, the day and year first agove written. .~A~EST .) P~A NA~IONAL VENT~, LTD., a’ " ’": ~" "~4 Limited Partnershi~ennis M.S~~ ~ ........................................................................................ Signed. sealed and dehoered in d~e presence o[:BY: NATIONAL INVEST~NT ~ LtS STATE OF A ’ ) COUNTY O~PAL~ BEACH I HEREBY CERTIFY lhat on ~h~s d~y, b~fore me, ~n officer duly ~ulhorlzed in the St~t~ ~nd Counl~ ~for~id to ~ke acknow edgmen~, , ...... ,,~,.. .... ~ Steven A. TendrLch, PresLdent of NatLona~ Enves~ment Company, Genera~ Partner of PGA NatLona~ Venture, Ltd. and DennLs Solomon . ¯ ~~~and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal o[ ’said .cbrp0rafion. BRANT330 FederaIBALD~NHighwa~.This instrument prepared by ..........................~ .............~b.~.fi.f.:,~ " : Address 1555 Palm B~ch Lakes Blvd."~ ~’ ~Suite 11~ ORB 5T93 PB 1563 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION I0, TOWNSHIP 42 SOUTH, EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: RANGE 42 FLORIDA, COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 10; THENCE N88^27’O3"W ALONG THE CENTERLINE OF PGA BOULEVARD AND THE NORTH LINE OF SAID SECTION 10, A DISTANCE OF 303.63 FEET TO AN INTERSECTION WITH THE NORTHERLY PROLOGATION OF THE WESTERLY RIGHT-OF-WAY OF FLORIDA’S TURNPIKE AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP NO. 4.1 SHEET 7 OF 12; THENCE S01^35~41"W ALONG SAID WESTERLY RIGHT-OF-WAYw A DISTANCE OF 110.~00 FEET TO THE ULTIMATE RIGHT-OF-WAY OF PGA BOIJLEVARD, AND THE POINT OF BEGINNING; THENCE CONTINUE S01^35w41°°W ALONG SAID WESTERLY RIGHT-OF-WAY FOR 40.00 FEET TO THE BOUNDARY OF FAIRVIEW LANE AS SHOWN ON THE PLAT OF FAIRWAY DRIVE AND FAIRVIEW LANE, RECORDED IN PLAT BO0~ 56, PAGES 21-22 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA~ THENCE ALONG SAID PLAT BOUNDARY FOR THE FOLLOWING COURSES: THENCE N88^27~O3"W FOR 40.00 FEET; THENCE S01^35~41"W FOR 160.00 FEET! THENCE N88^27’O3"W FOR 145.48 FEET; THENCE DEPARTING FROM SAID PLAT BOUNDARY, NO1^32~57°°E FQR 200.00 FEET TO THE SAID ULTIMATE RIGHT-OF-WAY OF PGA BOULEVARD; THENCE $88^27’03"E ALONG SAID RIGHT-OF-WAY FOR 185.61 FEET TO THE PlaINT OF BEGINNING. CONTAINING 0.705 ACRES, MORE OR LESS. RECORD VERIFIED PALM .BEACH COUNTY, FLA. JOHN [3. DUNKLE EXHIBIT "B" .10/19/01 FRI 16:58 FAX 561 889 4383 MEYER COMPANIES 10/17 ’01 16:01 ID:WATTERSON ~.AND ~ KLETT FAX:561-627-5600 2 _WATTER,SON, HYIAND,.., , KLETT P R 0 I~ I S $ I 0 N A’ I,. ~, ~ $ 0 C I A T I o N October 17, 2001 via Facsimile and U.S. IVMil Mr, Steven Tandrich 1601 Belvedere Road Suite 407 South West Palm Beach, FL 33406 Re:City of Palm Beach Gardens/Fire Station No. 4 Dear Mr, Tendrich: When we last spoke, you indicated that you were still interested in pursuing the purchase of the above-referenced property from the City. As you are well aware, the City cannot dispose of the property until the grantor, PGA National Venture, Ltd,, releases the restriction set forth tn the deed that the property be used end maintained by the City as a fire station. In determining a value for the properly, we discussed obtaining an appraisal for the property for which you would bear the cost. To that end, I contacted Phil Holden, an appraiser the City has utilized on a number of projects. Mr. Holden indicated that the cost of an appraisal of this property would be approx. $2,500.00, Should you wish to proceed with the appraisal process and agree to pay the cost, please sign where indicated and fax and mall this letter back to me. Should you have any questions relative to the foregoing, please do not hesitate to contact me, Sincerely yours, Leonard G. Rubln Accept.dby: ~ /~At tOrney Sloven Tendrich EXHIBIT "C" AN APPRAISAL OF THE FIRE STATION #4 PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF PGA BOULEVARD AND RONALD REAGAN TURNPIKE BETWEEN FAIRVIEW LANE AND PGA BOULEVARD WITHIN THE PGA NATIONAL PCD IN PALM BEACH GARDENS, FLORIDA PREPARED FOR LEONARD G. RUBIN, CITY ATTORNEY WATTERSON, HYLAND & KLETT 4100 RCA BOULEVARD PALM BEACH GARDENS, FLORIDA 33410 AS OF JANUARY 16, 2002 APPRAISERS PHILIP M. HOLDEN, MAI STATE-CERTIFIED GENERAL APPRAISER #0001666 AND SHARON L. MORGAN STATE-CERTIFIED GENERAL APPRAISER #0000626 S. F. HOLDEN, INC. 8259 NORTH MILITARY TRAIL, SUITE 10 PALM BEACH GARDENS, FLORIDA 33410 JOB NO. 1974 974 REAL ESTATE APPRAISERS AND CQNSUL~’ANTS Licensed Real Estate Broker Square Lake Centre, Suite 10 8259 North Military Trail Palm Beach Gardens, Florida 33410-6352 (561) 626-2004 Fax (561) 622-7631 Janua~ 28,2002 Leonard G. Rubin, City Attorney Watterson, Hyland & Klett 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Re: An appraisal of the Fire Station #4 property located at the southwest quadrant of PGA Boulevard and Ronald Reagan Turnpike between Fairview Lane.and PGA Boulevard within the PGA National PCD, in Palm Beach Gardens, Florida Dear Mr. Rubin: As requested, we have investigated and analyzed the referenced property for the purpose of estimating the market value of the fee simple estate as of January 16, 2002. This property is fully described in the body of this report. The intended use/function of this assignment was to provide you with an estimate of market value for possible sale of this parcel. The scope of the analysis included inspecting the property, collecting and analyzing relative data and information about the subject and comparable properties and applying the applicable approaches to value, which in this case is only the sales comparison. Based upon our investigation and subject to the assumptions and limiting conditions set forth herein, it is our opinion that the market value of the fee simple interest in the subject property as of January 16, 2002, was: TWO HUNDRED TEN THOUSAND DOLLARS ($210,000) 1974 Serving Rorida since 1964 Commercial ¯ Industrial ¯ Agricultural ¯ Eminent Domain ¯ UtigatJon Leonard G. Rubin, City Attorney Page Two January 28, 2002 The value opinions reported are qualified by certain definitions, assumptions and limiting conditions which are set forth on Pages 5 through 9 of this report. We particularly call your attention to the Specific Underlying Assumptions relating to site size, present deed restrictions and typical land use and zoning regulations. In addition we have not considered any impact on value from potential property owner fees. This report was prepared for a professional fee billed to Leonard G. Rubin, City Attorney, Palm Beach Gardens, Florida, to establish the value for sale purposes. It is intended only for use by our client and may not be relied upon for any other use or distributed to another unintended user without permission. This is a complete appraisal delivered in a summary format and contains a description of the property appraised and the pertinent appraisal information, as permitted under the Uniform Standards of Professional Appraisal Practice. This letter of transmittal must remain attached to this report which contains 23 pages plus exhibits in order for the value opinions set forth to be considered valid. Thank you for the opportunity to be of service to the City of Palm Beach Gardens. Respectfully submitted, S. F. HOLDEN, INC. AI ’,,,....~at C~.~fied General Appraiser #0001666 Sharon k. Morgan State-Certified General Appraiser #0000626 sh 1974 SUBJECT PHOTOGRAPHS Front view of subject looking north. Southwesterly view of BellSouth easement. Rear of subject building in far background. SUBJECT PHOTOGRAPHS View of east property boundary with 15-foot FPL easement and Fairview Lane dght of way at dght. Street scene looking westerly. SUBJECT PHOTOGRAPHS Interior view of garage area. Kitchen area. TABLE OF CONTENTS PAGE NO. Letter of Transmittal INTRODUCTION Executive Summary ..............................................................................................1 Certification ...........................................................................................................3 General Underlying Assumptions ..........................................................................5 Specific Underlying Assumptions ..........................................................................7 General Underlying Conditions .............................................................................8 GENERAL INFORMATION Purpose, Date and Interest of the Appraisal .......................................................10 Intended Use and User of the Appraisal .............................................................10 Scope of the Appraisal ........................................................................................10 Definitions ...........................................................................................................10 PRESENTATION OF DATA Neighborhood Data .............................................................................................12 Ownership History ...............................................................................................13 Location and Access ...........................................................................................13 Legal Description ................................................................................................14 Easements, Encroachments, and Encumbrances ..............................................15 Zoning and Comprehensive Land Use Plan .......................................................15 Assessment and Taxes .......................................................................................15 Utilities ................................................................................................................15 Topography, Drainage and Soils..: ......................................................................16 Site Description ...................................................................................................16 Improvements ................................................................................" .....................16 ANALYSIS AND CONCLUSION Highest and Best Use .........................................................................................17 The Appraisal Process ........................................................................................20 Land Value Analysis ...........................................................................................21 ADDENDA Qualifications 1974 INTRODUCTION Fire Station #4 City of Palm Beach Gardens Property Location County Owner of Record Land Area Improvements Zoning LUP Highest and Best Use Interest Appraised Date of Value Date of Inspection Market Value Conclusion EXECUTIVE SUMMARY The property is located at the southwest quadrant of PGA Boulevard and Ronald Reagan Turnpike between Fairview Lane and PGA Boulevard within the PGA National PCD, in Palm Beach Gardens, Flodda Palm Beach City of Palm Beach Gardens 28,222 square feet, or 0.65 acres (excluding BelISouth parcel) Numerous site improvements plus a 4,045 square foot one story, CBS fire station building with four overhead doors, 16-foot ceiling height, mezzanine sleeping quarters and storage, first floor reception, kitchen and dining lounge, restrooms and sleeping quarters CG-1, General Commercial, by Palm Beach County Commercial, by Palm Beach County As Vacant - Commercial development as permitted under CG-1 zoning As Improved - Raze existing improvements and develop with commercial use as permitted under CG-1 zoning Fee simple January 16,2002 January 16,2002 $210,000 1974 Fire Station #4 City of Palm Beach Gardens Specific Underlying Assumptions Appraisers EXECUTIVE SUMMARY (CONTINUED) Please review Page 7 with regard ¯ present deed restrictions and typical zoning regulations. to site size, land use and Philip M. Holden, MAI State-Certified General Appraiser #0001666 Sharon L. Morgan State-Certified General Appraiser #0000626 1974 Fire Station #4 City of Palm Beach Gardens CERTIFICATION We certify that, to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial and unbiased professional analyses, opinions and conclusions. We have no present or prospective interest in the property that the subject of this report, and no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or the parties involved with the assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors that cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. Our analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. We have made a personal inspection of the property that is the subject of this report. No one provided significant professional assistance to the person(s) signing this report. As of the date of this report, Philip M. Holdenl MAI has completed the requirements under the continuing education program of the. Appraisal Institute. 1974 Fire Station #4 City of Palm Beach Gardens CERTIFICATION (CONTINUED) As of the date of this report, Philip M. Holden, MAI, and Sharon L. Morgan have completed the requirements for the State of Florida continuing education program. ~# 0001666 Sharon L. Morgan State-Certified General Appraiser #0000626 1974 Fire Station #4 City of Palm Beach Gardens GENERAL UNDERLYING ASSUMPTIONS 1.The legal description used in this report is assumed to be correct. No survey of the property has been made by the appraiser and no responsibility is assumed in connection with such matters. Sketches in this report are included only to assist the reader in visualizing the property. No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of title rendered. The title is assumed to be good and merchantable. Information furnished by others is assumed to be true, correct, and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the appraiser. All mortgages, liens, encumbrances, leases and servitudes have been disregarded unless so specified within the report. o The property is appraised as though under responsible ownership and competent management. o It is assumed that there are no hidden or unapparent conditions involving the property, subsoil, or structures that would render it more or less valuable. No responsibility is assumed for such conditions or for tests that may be required to discover such factors. It is assumed that there is full compliance with all applicable local, state, and federal environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined, and considered in the appraisal report. 10.It is assumed that all required licenses, consents, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 1974 Fire Station #4 City of Palm Beach Gardens 6 GENERAL UNDERLYING ASSUMPTIONS (CONTINUED) 11.It is assumed that the utilization of the land and existing or proposed improvements is within the boundaries of the property lines of the property described and there is no encroachment or trespass unless noted within the report. 12,No consideration is given to oil or mineral rights, or other such conditions. 13..No consideration is given to the fauna or flora life that may exist on a property and cause a loss in value of use due to their presence. 14.Unless otherwise stated in this report, the existence of hazardous substances, including, but not limited to, asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals which may be present on the property, or other environmental conditions which were not called to the attention of the appraiser or of which the appraiser did not become aware during the inspection are assumed not to exist. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, moreover, is not qualified to test such substances or conditions. The presence of these or other hazardous substances or environmental conditions may affect the value of the property. However, the value estimated herein is predicated on the assumption that no such conditions exist on or in the property or in such proximity thereto that they would cause a loss in value. No responsibility is assumed for any such conditions nor for any expertise or engineering knowledge required to discover them. 15.It is assumed that the planning, design and engineering of the subject as well as all existing and proposed drainage, irrigation or water control systems function adequately or as described in this report and are legally approved and permitted. 16.We have not made a specific compliance survey and analysis of the property to determine whether it conforms to the various details of the Americans with Disabilities Act (ADA). It is possible that the property is not in compliance in one or more details. If so, it could have a negative effect upon the property value. Since we lack direct evidence relating to this issue, we did not consider possible noncompliance with the ADA requirements in estimating the property value. 1974 Fire Station #4 City of Palm Beach Gardens SPECIFIC UNDERLYING ASSUMPTIONS We have utilized the site size for the subject based on the area shown on the survey provided with this assignment, after deducting the 50-foot by 50-foot BellSouth site indicated on the survey which would not be conveyed to a potential purchaser upon sale of the subject parcel (30,722 - 2,500 = 28,222 square feet). This is based on information provided by the City of Palm Beach Gardens Planning Department. As instructed by Leonard G. Rubin, Attorney for the City of Palm Beach Gardens, we have assumed that the deed restriction relating to use of the subject only as a fire station will be lifted. We have appraised the subject as if owned in fee simple with an underlying land use of commercial and the zoning as CG-I. °We have assumed that there is no impact on value from the potential annual property owner’s association fees. 1974 Fire Station #4 City of Palm Beach Gardens GENERAL LIMITING CONDITIONS With reference to the property, the appraiser will not be required to give testimony or to appear in court because of having made this appraisal, unless arrangements have been previously made. ¸. Possession of this report, or a copy thereof, does not carry with it the right to publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the firm and, in any event, only with proper written qualifications and only in its entirety. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. The value for this property and/or allocations of values for land and improvements must not be used in conjunction with any other appraisal or property and are invalid, if so used. Real estate investments have an inherent element of risk which varies with property classification and other factors which affect value. Performance and success are dependent upon many variables such as responsible ownership, competent management, the state of the economy, federal, state and local tax laws, market liquidity, and other factors of a local, national or world character which influence the market. Consequently, this value estimate does not absolutely fix or set the price at which the property will sell. It merely states a probable selling price under the conditions set forth in the definition of market value. The projections set forth herein are based on anticipated or stated conditions, and as such represent the judgment of the appraiser(s), and must considered in this context. Neither all nor any part of the contents of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales or any other media without written consent and approval of the appraiser. Nor shall the appraiser, firm, or professional organization of which the appraiser is a member be identified without written consent of the appraiser. No environmental impact studies were either requested or made in conjunction with this analysis, and the appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions based upon any subsequent environmental impact studies, research or investigation. 1974 Fire Station #4 City of Palm Beach Gardens GENERAL LIMITING CONDITIONS (CONTINUED) o Easements are most likely described in Title Policies for property. A current survey and/or title search is recommended to determine the existence of easements, encroachments, restrictions, and reservations. Easements may or may not be recorded or may exist by customary use or other legal means. The appraisers have not, and are not qualified to, search legal records as to other easements. Because rights of others can have influence on real estate values, the values reported herein are predicated on a qualified legal opinion that the assumption above regarding easements and the rights of others is representative of actual conditions. Acceptance of and/or use of this report constitutes, acceptance of the foregoing General Underlying Assumptions, Specific Underlying Assumptions, and General Limiting Conditions. 1974 GENERAL INFORMATION Fire Station #4 City of Palm Beach Gardens 10 PURPOSE, DATE AND INTEREST OF THE APPRAISAL The purpose of this report is to estimate the market value of the fee simple estate of the subject property. The date of this analysis and the effective date of the estimate of value is January 16, 2002, the most recent date the property was inspected. INTENDED USE AND USER OF THE APPRAISAL The intended user of this appraisal is our client, the City of Palm Beach Gardens, Florida. Based upon the information provided by our client, it is our understanding that the intended use of this appraisal is for possible sale purposes. SCOPE OF APPRAISAL In order to estimate the market value of the subject, we have analyzed the physical and economic characteristics of the property and neighborhood and have utilized or considered, as appropriate, all three approaches to value which are the cost, income, and sales comparison approaches. To complete our analysis, we have made an investigation of the available comparable land sales data in and around Palm Beach Gardens and Jupiter. In order to investigate general market conditions, we contacted several people involved in the real estate business, including real estate brokers, public agencies, other real estate appraisers, and buyers and sellers. DEFINITIONS Market Value is defined as follows: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition, is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1.Buyer and seller are typically motivated; Both parties are well informed or well advised, and acting in what they consider their best interests; 1974 Fire Station #4 City of Palm Beach Gardens 11 DEFINITIONS (CONTINUED) 3.A reasonable time is allowed for exposure in the open market; Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 1 Fee Simple Estate is defined as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." 2 Reasonable 1. Exposure Time is defined as follows: "The time a property remains on the market." ’q’he estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market. Exposure time is always presumed to occur prior to the effective date of the appraisal. The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort. Exposure time is different for various types of real estate and value ranges, and conditions." 3 1 USPAP, 2000 Edition. 2 The Dictionary of Real Estate Appraisal, Third Edition, Appraisal Institute, 1993. 3 Ibid. 1974 PRESENTATION OF DATA Fire Station #4 City of Palm Beach Gardens 12 NEIGHBORHOOD DATA The subject neighborhood may be defined as the PGA National Resort community. PGA National consists of 2,340 acres and is a recreational and residential planned development located on the west side of the Ronald Reagan Turnpike between PGA and Northlake Boulevards in Palm Beach Gardens, Florida. Approximately 800 acres of the property are dedicated to open green space, parks, lakes, five championship golf courses and natural settings. The development includes a wide variety of residential pods including single family residences, town homes, and villas. The renowned PGA National Resort includes various restaurants, hotel accommodations and a full service spa. Other amenities include jogging and cycling trails, tennis courts and a 240-acre nature preserve as well as Villages on the Green Shopping Center. PGA National was developed in the mid-1980s. The community offers all necessary support facilities to the residents including retail, office and commercial. Also available is Devonshire, a life care retirement facility that includes a health care center and club house. The neighborhood has good access from both PGA and Northlake Boulevards with a turnpike interchange at PGA Boulevard. PGA is an established, well-known residential community within suburban Palm Beach Gardens with property values stable or showing an upward trend. 1974 Fire Station #4 City of Palm Beach Gardens 13 OWNERSHIP HISTORY The subject has been in the present ownership for over five years. LOCATION AND ACCESS The subject is located at the southwest quadrant of PGA Boulevard and Ronald Reagan Turnpike between Fairview Lane and PGA Boulevard within the PGA National PCD, in Palm Beach Gardens, Florida. Access is available from Fairview Lane, a two-lane asphalt paved road. 1974 Fire Station #4 City of Palm Beach Gardens 14 LEGAL DESCRIPTION A parcel of land lying in Section 10, Township 42 South, Range 42 East, City of Palm Beach Gardens, Palm Beach County, Florida, more particularly described as follows: Commence at the northeast comer of said Section 10; thence N88°27’O3"W along the centerline of PGA Boulevard and the north line of said Section 10, a distance of 303.63 feet to an intersection with the northerly prolongation of the westerly right-of-way of Florida’s Turnpike as shown on Florida Department of Transportation right-of-way map No. 4.1 sheet 7 of 12; thence S01°35’41" along said westerly right-of-way, a distance of 110.00 feet to the ultimate right-of-way of PGA Boulevard, and the point of beginning; Thence continue S01°35’41"W along said westerly right-of-way for 40.00 feet to the boundary of Fairview Lane as shown on the Plat of Fairway Drive and Fairview Lane, recorded in Plat Book 56, Pages 21-22 of the Public Records of Palm Beach County, Florida, thence along said plat boundary for the following courses: Thence N88°27"O3"W for 40.00 feet; thence S01°35"41"W for 160.00 feet; thence N88°27"O3"W for 145.48 feet; thence departing from said plat boundary, NO1°32"57"E for 200.00 feet to the said ultimate right-of-way of PGA Boulevard; thence $88°27’03"E along said fight-of-way for 185. 61 feet to the point of beginning. Containing O. 705 acres, more or less. Source: Survey prepared by Timothy J. Messier, Inc., Professional Land Surveyor, dated 9/14/87, and identified as PGA Fire Station. Size calculated from measurements on survey at 30,722 square feet. Less the 50-foot by 50-foot BellSouth site as shown on the survey. The net subject area is 30,722 square feet less 2,500 square feet equals 28,222 square feet, based on information provided by the City of Palm Beach Gardens Planning Department. 1974 44 ii Fire Station #4 City of Palm Beach Gardens 15 EASEMENTS, ENCROACHMENTS, AND ENCUMBRANCES There is a 15-foot FPL easement at the rear of the property (east/west) and a 5-foot cable easement that is 40 feet long that runs south from the north boundary. This easement is approximately 55.5 feet west of the east boundary of the subject. There is also a 50-foot by 50-foot BellSouth site located along the east boundary approximately 40 feet south of the north boundary. The parcel is not part of our appraisal as it will be transferred to BellSouth once the ownership of the subject is transferred. ¯There is a 15-foot FPL easement at the east boundary from PGA Boulevard extending 40 feet. None of these easements appear to have a detrimental effect on the subject. To the best of our knowledge, there are no other easements, encroachments, or encumbrances that adversely affect the subject property. ZONING AND COMPREHENSIVE LAND USE PLAN Since we are appraising the subject assuming (see Specific Underlying Assumption 2) that the deed restriction has been lifted and that typical zoning and land use would apply, we contacted the city planner for direction. According to Steve Cramer, Planner with the City of Palm Beach Gardens, the subject parcel would be zoned CG-1, General Commercial with a Commercial land use designation. This zoning district and land use designation would allow specialty retail, corporate office complexes, campus industrial parks, community-serving public facilities and residential uses. ASSESSMENT AND TAXES The subject property was assessed in 2001 for a total of $275,379, broken down as improvement value $89,811 and land value $185,568. The folio number is 52-42-42-10-00-000-1050. Since the property is owned by a municipality it is tax exempt. The property does have non-ad valorem charges for 2001 of $461.13. UTILITIES As of the appraisal date, all public utilities were available to the subject site. Water and sewer service is available from Seacoast Utility Authority with electricity from FP&L and telephone service from BellSouth. 1974 Fire Station #4 City of Palm Beach Gardens 16 TOPOGRAPHY AND DRAINAGE The subject is level with the unimproved portions cleared and landscaped. Drainage appeared to be adequate from our inspection. SITE DESCRIPTION The subject site is irregular in shape. It has 145.48 feet of frontage on the north side of Fairview Lane. Fairview Lane generally runs east/west but a platted unimproved section of this right of way does turn to the north along the east side of the subject property where it terminates 40 feet south of the PGA Boulevard right of way. Total net site size is 28,222 square feet, or .65 acre. IMPROVEMENTS Improvements on the subject site include a 4,045 square foot one story, CBS fire station building with a 16-foot ceiling height and four overhead doors (14-feet wide each with electric openers) built in 1987. The first floor includes a reception area, kitchen and dining lounge, two restrooms and sleeping quarters. There is a mezzanine with sleeping quarters and storage areas. The floors are ceramic tile or carpet over concrete slab. Mezzanine floors are wood frame. The open warehouse/garage portion of the building has painted concrete floors. There are hurricane shutters on the windows. Kitchen equipment includes a range, dishwasher, refrigerator and garbage disposal. The garage area has a containment cage for equipment storage. The site improvements include concrete drives, landscaping and paved parking area in front of the structure. There are several items of personal property located on the exterior of the building including a diesel generator, an above- ground fuel tank as well as two biohazard stainless steel sinks. As these items are personal property and they will not be considered in the valuation of the real estate. The overall condition of these improvements is average. The facility was in use until the week of January 7, 2002, when the new fire station located in Mirasol was put into service. These improvements were constructed with a specific use, i.e., a fire station. As the types of uses to which this building could be adapted are of an industrial nature and not permitted under the CG-1 zoning classification, this tends to indicate that the building has reached the end of its economic life. We have addressed the potential for retrofitting this building for another use in the analysis and conclusion under highest and best use. It is our conclusion that these improvements do not contribute to the overall property value. 1974 ANALYSIS AND CONCLUSION Fire Station #4 City of Palm Beach Gardens 17 HIGHEST AND BEST USE Highest and best use may be defined as: ’q’he reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." 4 The four criteria the highest and best use must meet are legally permissible, physically possible, financially feasible, and maximally productive. 1. "Legally Permissible: In all cases the appraiser must determine which uses are legally permissible. Private restrictions, zoning, building codes, historic district controls, and environmental regulations must be investigated because they may preclude many potential uses. 2. Physically Possible: The size, shape, area, terrain, and accessibility of a parcel of land and the risk of natural disasters such as floods or earthquakes affect the uses for which it can be developed. 3. Financially Feasible: In determining which uses are legally permissible and physically possible, an appraiser eliminates some uses from consideration. Then the uses that meet the first two criteria are analyzed further. If the uses are income-producing, the analysis will study which are likely to produce an income, or return, equal to or greater than the amount needed to satisfy operating expenses, financial obligations, and capital amortization. 4. Maximally Productive: Of the financially feasible uses, the use that produces the highest residual land value consistent with the rate of return warranted by the market for that use is the highest and best use." 5 4 The Appraisal of Real Estate, Eleventh Edition, Appraisal Institute, 1996. 5 Ibid. 1974 Fire Station #4 City of Palm Beach Gardens 18 HIGHEST AND BEST USE (CONTINUED) Conclusion - Vacant It is our opinion that the highest and best use of the subject parcel as if vacant and available would be with some type of commercial development as permitted under the CG-1 zoning district. These uses include specialty retail, corporate office complexes, campus industrial parks, community-serving public facilities, and some residential uses. This would be allowed under the existing zoning and comprehensive land use plan for the City of Palm Beach Gardens. The physical characteristics of the site would lend themselves to this type of use which would also be financially feasible and maximally productive for the site. Conclusion - As Improved It is our opinion that the highest and best use of the subject parcel as improved would be to raze the existing improvements and develop the site with a commercial use as described under the highest and best use as vacant. The reasons for this conclusion are as follows: The placement of the building more or less in the middle of the site allowed large vehicle access around the building but is not conducive for remodeling to other more appropriate uses. The existing improvements do not meet current zoning requirements, such as the building code. If the building were converted to an office use, there are numerous structural changes that would have to be made as well as the building being brought up to code. The conversion of the building to office use would be cost prohibitiv e in thatit has an exceptionally high ceiling and the majority of the building is not air conditioned. The overhead doors would have to be removed and blocked up and alternative access provided. Appropriate insulation would be required as well as the air conditioning and electrical changes. However, one of the most costly items would be the lost space from a typical 8-foot ceiling to the existing ceiling which would leave approximately seven feet of unused space. The ceiling height is not adequate to create a 2-story office building. It is possible that at least twice the square footage of the existing building could be accommodated on the subject but not within the existing structure. Therefore, this building does not maximize the use of the site. 1974 Fire Station #4 City of Palm Beach Gardens 19 HIGHEST AND BEST USE (CONTINUED) Conclusion- As Improved (Continued) If the site were vacant a developer could construct an office building with at least twice the square footage that would meet all existing requirements and building codes. This development would maximize the site and produce the highest return to the property. Of all the considerations, retaining the existing structures does not appear to meet the tests of legally permissible, physically possible, financially feasible, nor maximally productive. On the other hand razing the existing improvements and building a new structure that would maximize the site would meet all four tests of highest and best use and therefore, it is the highest and best use of the subject property. 1974 Fire Station #4 City of Palm Beach Gardens 2O THE APPRAISAL PROCESS The appraisal process is the orderly program in which the data used to estimate the value of the subject is acquired, classified, analyzed, and presented. This is accomplished through the use of the three appraisal approaches; namely the cost, sales comparison and income approaches. The basis of these three approaches is the principle of substitution which affirms that a prudent purchaser has three alternatives available; either to buy a vacant site and develop a similar property (cost approach), acquire an equally desirable existing property offering comparable utility (sales comparison approach), acquire a substitute income stream of comparable quality, quantity, and durability (income approach). All three approaches to value were considered. However, in the case of the subject parcel, the sales comparison approach in the form of the land value analysis is the only applicable method of valuation. Therefore, the sales comparison approach will be utilized as the basis of our valuation for the subject property. As our highest and best use conclusion is to raze the existing improvements in order to put the property to its highest and best use, we have considered if in doing that some value would be lost. After considering the existing improvements and the cost involved in razing them and removing the debris, we have concluded that any expense required to do this would be accounted for in the price paid for the property. We have also considered that through the salvage process the building or site improvements retained may produce an amount to offset the amount of demolition and removal. 1974 Fire Station #4 City of Palm Beach Gardens 21 LAND VALUE ANALYSIS In order to estimate the land value for the subject parcel, a search of the public records was made for recent sales of comparable properties. The sales found to be most comparable are shown in summary form on the following page with a location map. The comparables utilized in this analysis consist of three recent sales in the general area. The relative comparability of each sale is considered in arriving at a final estimate of value by use of a qualitative analysis which ascribes a quality factor of similar, superior, or inferior for each sale characteristic. If the characteristic of the sale is similar to the subject no consideration is given and it is neutral. An inferior characteristic would require a positive adjustment to be made to the sale to make it similar to the subject if dollar adjustments were used. Conversely, a superior characteristic would require negative consideration. Each sale was analyzed and compared to the subject with regard to date, size/shape, general location, access/exposure, and land use/zoning. A general discussion of the sales follows. Particular items not listed on the qualitative summarysheet were found to be generally comparable. Discussion of Vacant Commercial Land Sales Sale 1 is the May 2001 sale of 34,200 square foot site located on the west side of Old Dixie Highway in Jupiter just south of Indiantown Road. It is inferior in general location to the subject but is superior in access/exposure, being located on Old Dixie Highway. It is similar to the subject in all other respects. This sale is rated overall similar to the subject at $7.68 per square foot. Sale 2 is another transaction involving property along Old Dixie Highway in Jupiter. It occurred in October 2000 and is considered inferior for date of sale as commercial land prices have increased from October 2000 to present. It is inferior in general location like Sale 1 and also superior in access/exposure. Overall, this sale is rated inferior to the subject at $6.79 per square foot. Sale 3 involves a parcel within the Maplewood development between Tony Penna Drive and Indiantown Road. It occurred in November 1999 and is inferior for date of sale. It does have superior access/exposure than the subject as it has access from Maplewood Drive. This sale is rated overall similar to the subject at $7.56 per square foot. 974 COMMERCIAL LAND SALES SUMMARY CHART Sale No.Subject Sale 1 Sale 2 Sale 3 iORBId Page N/A 12532/1693 12053/339 11478/1624 Grantor City of PBG Pebworth Gertrude Gamot Restigouche, Inc. Enterprises, Inc. Grantee N/A Hourglass Town of Jupiter Cotleur & Hearing, Investments, Inc.Inc. Location SWQ of PGA Blvd. & Ronald Reagan Turnpike, between PGA W side of Old Dixie Highway, between 5th & 6th Streets, Jupiter SWC of Old Dixie Highway & 6th Street, Jupiter SW end of Commerce Lane, 600’ W of Maplewood Drive, Blvd. & Fairview Lane, PGA National, PBG Jupiter Sale Date N/A May-01 Oct-00 Nov-99 Sale Price N/A $262,500 $110,000 $170,107 Zoning CG-1 C4 C4 C2 Size (Sq.Ft.)28,222 34,200 16,200 22,514 Price/Sq.Ft.N/A $7,68 $6.79 $7.56 QUALITATIVE ANALYSIS Time Similar Inferior Inferior General Location Inferior Inferior Similar Size/Shape Similar Similar Similar Access/Exposure Superior Superior Superior Overall Comparability Similar $7.68/sq.ft. Inferior $6.79/sq.ft. Similar @ $7.56/sq.ft. Job No. 1974 SF Holden, Inc. SALES LOCATION MAP Fire Station #4 City of Palm Beach Gardens 22 LAND VALUE ANALYSIS (CONTINUED) As previously stated, the subject is located within the PGA National development. The use of the property as a fire station has ended and it is our opinion that a potential purchaser would not consider putting the existing improvements to another use as discussed under highest and best use. Therefore, the value of the site would be at a highest and best use of a vacant commercial site. The improvements would have to be razed and removed, however, the cost of this would be offset by the value and benefits from building or site improvements retained. As the subject is owned by the City of Palm Beach Gardens (a municipality), it is exempt from paying the annual property owner’s association fee. These fees are minimal (currently $500 to $1,000 per year). The assessment for this property would have to be paid by any private owner and would change depending on what development, if any, is made to the property. Therefore, we have not considered the assessment on this property to be a detriment to the ownership and have not speculated as to how the assessment might increase due to a change in use in the property (see Specific Underlying Assumption 3). We have considered each of the three sales in direct comparison to the subject property. They range in price from $6.79 to $7.68 per square foot with a mean of $7.34. Sale 1 is similar at Sale 3 is similar at Sale 2 is inferior at $7.68 per square foot $7.56 per square foot SUBJECT MARKET VALUE $6.79 per square foot We are also aware of an April 2000 transaction that occurred within the Abacoa PUD. It is a commercial parcel with a size just under one acre at a price of $7.53 per square foot. The parties were related making this possibly not completely an arm’s length transaction. However, confirmation has indicated that the price paid was considered to be market oriented. We have not included this sale for direct comparison to the subject but have considered its indication at $7.53 per square foot as further support for our value conclusion. We have also considered commercial parcels within the Mirasol development which is located on the north side of PGA Boulevard across from PGA National. Only one parcel has been sold of the 12 acres total at a price of $10 per square foot. Attached to each acre within the Mirasol development are assessments totaling $10,000 per acre, per year for infrastructure bonds and property owner’s 1974 Fire Station #4 City of Palm Beach Gardens 23 LAND VALUE ANALYSIS (CONTINUED) association. Asking prices for these commercial parcels are within the $10 to $12 range. However, the realtor indicated that they would be willing to accept possibly as little as $8 to $9 per square foot. Mirasol is a new development in the beginning stages and the sales activity of commercial parcels may be affected by the annual assessment, however it is too early to tell. After analysis of the three sales, we have concluded on a market value for the subject site of $7.50 per square foot, which is just below the lowest indication of the two similar sales at $7.56 per square foot. In our opinion this price reflects the current condition of the site as well as the impending assessments the new owner will be responsible for. Therefore, our estimate of market value for the subject property is calculated as follows: 28,222 square feet at $7.50 per square foot $211,665 Rounded $210,000 The values concluded should be considered in the context of the stated exposure time of 12 to 18 months. I estimated the reasonable exposure time, or the estimated length of time properties similar to the subject would have been offered on the market prior to the date of appraisal, at 12 to 18 months. The estimate was based on data analyzed and typical marketing time for properties similar to the subject that have sold in recent years. Exposure time should not be confused with marketing time. Exposure time is a concept which assumes that time elapsed prior to a sale while marketing time is a prospective or future concept which is the time anticipated to sell a parcel based on the current value estimate. 1974 ADDENDA REAL ESTATE APPRAISERS AND CONSULTANTS Licensed Real Estate Broker Square Lake Centre, Suite 10 8259 North Military Trail Palm Beach Gardens, Florida 33410-6352 (561) 626-2004 Fax (561) 622-7631 ABRIDGED QUALIFICATIONS PHILIP M. HOLDEN, MAI State-Certified General Appraiser #0001666 Philip M. Holden, who holds the MAI designation in the Appraisal Institute, is the President of S.F. Holden, Inc., a real estate appraisal and consulting firm established in 1964. He is a registered real estate broker in the State of Florida and is past-president of the Society of Real Estate Appraisers, Palm Beach County Chapter and the Florida Chapter of the American Society of Farm Managers and Rural Appraisers. Mr. Holden has been appraising real estate since September 1974, and has successfully completed the following courses or seminars given by real estate appraisal organizations: Society of Real Estate Appraisers Course 101 -June 1976 Course R-2 - January 1977 Course 201 - January 1978 & 1984 Litigation Valuation - February 1988 Standards of Professional Practice - March 1989 American Institute of Real Estate Appraisers Course 1-A - August 1976 Course VIII - June 1977 Course 1-B - March 1978 and 1986 Course II - March 1979 Standards of Professional Practice - 3/90 & 6/92 Appraisal Institute USPAP Update - December 1995 Limited Appraisals/Evaluations - May 1995 Income Valuation - March 1995 Powerline Easements -April 1994 Americans Disabilities Act - February 1994 Standards of Professional Practice - September 1997 USPAP Core Law- May~l.998: ¯ Partial Interest Valuation - August 1999 Other Organization’s Courses/Seminars Valuation of Less Than Fee - May 1995, 1996 Riparian Rights - May 1994 Easement Valuation - May 1994 Cattle Grazing Seminar - May 1993 Permanent Plantings - October 1997 Appraising Rural Properties - May 1997 Appraisal Considerations - May 1998 Realtors Land Institute Citrus Course - May 1999 Highest/Best Use & Valuation Techniques - May 2000 Attacking and Defending Appraisals - June 2000 USPAP - August 2000 In addition to the above listed courses, Mr. Holden has attended many seminars and two-day courses. He was also an instructor for the Appraisal Institute, Course 101. Recent speaking engagements include the Realtor’s Land Institute and the International Association of Assessing Officers. Mr. Holden is qualified as an expert in the courts and also served as Special Master for the Palm Beach County Property Appraisal Adjustment Board. Some of the major property types which Mr. Holden has appraised are: commercial land and improvements (shopping centers, offices); industrial properties, and residential properties (individual homes subdivisions), agricultural (farms, ranches, citrus groves, dairies). Mr. Holden specializes in unique special-purpose properties including rights-of-way (proposed and abandoned), one-of-a-kind buildings and partially-completed buildings, marinas, packing houses, damaged properties, churches, and service stations. Other areas of specialization include the analysis of various interests such as leasehold/leased fee, partial- ownership interests and different types of easements including under- and above-ground, flowage, and conservation, and other uncommon types of ownerships. Typically, the appraisal work has been for sale and/or purchase, mortgages, litigation (eminent domain, bankruptcy, dissolution of real estate) and taxation, either state or federal or local ad valorem. Serving Rorida since 1964 Commercial ¯ Industrial ¯ Agricultural ¯ Eminent Domain ¯ Litigation REAL ESTATE APPRAISERS AND CONSULTANTS Licensed Real Estate Broker Square Lake Centre, Suite 10 8259 North Military Trail Palm Beach Gardens, Florida 33410-6352 (561) 626-2004 Fax (561) 622-7631 ABRIDGED QUALIFICATIONS SHARON L. MORGAN State-Certified General Appraiser #0000626 Sharon L. Morgan is a State-Certified General Appraiser and a registered real estate salesperson in the State of Florida. She is currently an affiliate member of the Appraisal Institute. Ms. Morgan has been appraising real estate since 1983, and has successfully completed the following courses sponsored by real estate appraisal organizations, as well as numerous seminars: Appraisal Institute Discounted Cash Flow Analysis - 1991 Accrued Depreciation- 1991 Changes to Standards - 1991 New FIRREA Guidelines - 1991 Hotel/Motel Valuation - 1992 USPAP "Core" Law- Appraisers- 1992, 1994 Standards of Professional Practice, Part A - 1994 Standards of Professional Practice, Part B - 1994 Society of Real Estate Appraisers An Introduction to Appraising Real Property- 1983 Principles of Income Property Appraising - 1984 Applied Income Property Valuation- 1984 American Institute of Real Estate Appraisers Real Estate Appraisal Principles - 1989 Basic Valuation Procedures - 1986 Capitalization Theory & Techniques, Part A - 1986 Capitalization Theory & Techniques, Part B - 1986 Case Studies in Real Estate Valuation - 1988 Report Writing and Valuation Analysis - 1989 Standards of Professional Practice - 1986 Approved/Accredited Appraisal Schools Real Estate Finance - 1996 USPAP Core Law Update - 1996, 1998, 2000 "Red Flags" Property Inspection - 1998 Environmental Considerations - 1998 Environmental Hazards’ Impact- 2000 Appraising Conservation Easements - 2000 Appraising Wetlands - 2000 Ms. Morgan is qualified as an expert in the courts and is experienced in condemnation and estate work. Some of the major property types that Ms. Morgan has appraised are: single family residences and estates (values from under $100,000 to in excess of several million dollars), agricultural, commercial land and improvements (shopping centers, offices, hotels, restaurants), industrial properties, and residential subdivisions. Ms. Morgan specializes in unique and special-purpose properties including retirement facilities, medical facilities, health spas and resorts, one-of-a-kind buildings, marinas, pari-mutuel betting facilities, funeral homes, religious facilities, day care centers and schools, landmark properties, and service stations. Other areas of specialization include the analysis of various interests such as leasehold/leased fee, partial-ownership interests, and other uncommon types of ownerships. Typically, the appraisal work has been for sale and/or purchase, mortgages, litigation (eminent domain, bankruptcy, dissolution of real estate) and taxation, either state or federal or local ad valorem. Serving Rorida since 1964 Commercial ¯ Industrial ¯ Agricultural ¯ Eminent Domain ¯ Litigation Mayor. Council and City 10500 N. Military Trail Palm Beach Gardens, FL ~3410 Re: Blue Ribbon Panel 4118102 Gentlemen, [ am ~t~g to yo~ ~s ~ ~on~e~ count] I~son to ~ Ne~~ I~6ve T~k Fore ~ ~d a m~ of~e G~m N~~ ~s~ (GNA) ~ it ~h~ to ~c p~s~ ~e ~n P~ A~ ~ a Ci~ ~ ~ 9/~/98 ~ NI~ w~ ~ ~ g~ohfion 8, 1~7, ~ Feb~ 1~7. ~ ~k fore w~ ~ ~n to: ( ~ I quote) Ci~ ~r.. ~ t~~m we~ desc~d ~ ~e N~ F~ R~ ~ ~ sub~R~ ~d pr~ to ~ Ci~ C~ ~ S~r 1~7. ~e ~s~ mclM~ d~ ~ s~e~ p~, ~ o~r s~e~ msu~. I~ of ~v~ &e ~ I wo~d s~t rex~c~ O~e ~ ~R of ~e NITF ~d subsist Sto~ Wa~r D~e ~ T~c Sm~ ~ ~ ~ done ~D PMD FOR ove~ ~ p~t fo~ y~. If~re ~e s~ ~e~ of c~m to ~ ad~sse~ I wo~ s~est ~,e~ ~ GNA to ~k into ~e ~. ~e GNA ~n ~ ~ ac~ ~e~ ~g to wo~ to ~ ~e d~ m ~ s~ ~ pm~s. Pl~e ~ew ~e ~u~ of ~e ~t GNA mee~ ~e~ Sincerely, Lauren W. Fuztado Please Print Name: JB COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during ~’Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Mirasol Parcel 6 Site Plan ZLL 60’ x 142.5’ Taylor Woodrow Communities at Mirasol, LTD 1 1300 Mirasol Boulevard Palm Beach Gardens, FL 33414 (561) 622-1 730 Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lautlerdale, FL 33308 (954) 491 -8890 I L Palm Beach Gardens, FL 33418 at Lirasol, LTD 1 1300 Mirasol Boulevard 1 11(1 irasol ALTERNATE REAR Ta tor Woodrow Communities (561) 622-1 730 Parcel 6 ACCESS PLAN Candare Dlnnninn Ernntn n o 9AQE C P~mm~r&,.l PI...-I UAA7 I?& I -..-~--A-I- rl nrrmnn mrm ana nnnn 1 I4 I '~ I, .. .. - II E? Re SCREEN ENCLOSURE SUBJECT TO CHANGE PENDING POOL a DECK DESIGN .. .. i I" -- I '. -I .. .I .I -1. I . I ,- ... .. ..... I I n ~ CONSTRUCTION OF FLORIDA, INC. PARCEL 6 J' 7 -. I --. .. ... .. 1 I. . - ... .... ..... i '1 a .. _. ... ........... _. ... - .. .- . ....... .. .... .. .. .... f .. I 1. I I I I lCTlON OF FLORIDI/INC. NO PART OF THESE IDEAS.PLANSfJR DESIGNS MAY BE REPRODUCED OR COPIED IN ANY FORM WHATSOEVER WITHOUT ME EXPRESS WRITTEN CONSENT OF THE COPYRIQHT HOLLER W~EN DIMI NCEOVERSXALE DIMENSIONS. SABATELLOCONSTRUCTION OF FLORID& INC ASSUMES NO LIABILITY FOR THE UNAUTHORIZED USE OF THESE PLANS. DRAWINQS AND SPECIFICATIONS OR FOR ANY VARIATION FROM o CONSTRUCTION OF FLORIDA, INC. ~ 0 2000 BIBATELLO CONSTA INGS SHALL HAVE PRECED IONS ON THESE DRAW- INAL SPECIFICA~~ONS .U 1 P I . -. . .... ... 2 1 . 'BfBB . I ====ill- ~ .I I1 I - - :.. I3'W '. :.".. . \ I . . .. .-. ..... - I -. ...-. -. . . . . . . . . .. . . . UlON FROM ORIGINAL SPEClFlCATlO v _. . .- !: I t-- i +1d -. . ,:.;. ... .. . I .. .... ..... .. : . .. .. . . .. , ... I I I I\* . .- 8 2~1 SABATEL COFISTRIJ~~ OF FLoRloA.lNc. No PART OF THESE IDEAh.PLANS OR DESIGNS MAY BE AEF~OUCEO OR COPIED ASSUMES NO LIABILITY I - \NY FORM WHATSOEVER WITHOUT THE EXPRESS WRI~~EN COWSENT OF THE MPYRIGHT HOLDER WRITTEN DIMENSIONS w THESE 01 lNGb SHaU HAsjPRECEDENGE OVER PALE DIMENslom sABATELLOCONsTRUCTloN OF FLORIDA. THE UNAUTHORIZED USE OF TIIESE PLANS. DRAWINGS AN0 SPECIFICATIONS OR FOR ANY VARIATION FROM 0 c sabatello w CONSTRUCTION OF FLORIDA, INC. PROTO-TYPICAL _- I PARCEL 6 AT MIRASOL .42-STORY ... - I1 .. I. . I 7 . -' .. , . .- .. .. - _. . . .. .. 1 ._ . .. I .. .. . - .. .. .. . . .. a. .. .. .. .. .. . . .. .. .. .. _. . .. I . fJ. @ ... .- ..+ -- I. - ,. .. . . ._ .. I i' .. ',Y .......... :--< ..h -. .... ... . -- / I 'I i. .. I.. I , .. ;;r- .. 3 : .. ...... .. .. f!: :. ... .-. . .. ._. . . , , 1.1 . . Et;--iJ/ ............ 1. . ? . ,_ -*' ............. . 'I '-E :... t!S' .i .BzQ -_ 'I .. I I -- ,L __.__.... &e=------- ... I ii I B 3'. .. .. .. ... R' Y. .. . . I I e 2(w1 SABATELLO mrataumim OF FLCIRIOAJNC. NO PART OF THESE IDEAS,PLANS OR DESIGNSMAY BE FIEPRODUCED OR COPIED IN ANY FORM WHATSOEVER WITHOUT ME EXPRESS WRITTEN CONSENT OF THE COPYRIQHT HOLDER. WRITTEN DIMWONSON THE& DRAW- I IN135 SHALL IlAVE PRECEDENCE OVER WALE DIMENSIONS GNATELLO CON~RUCTION OF FLORIDA, ING ,&SUME5 NO LIABILITY FOR THE UNAUTHORIZED USE OF THESE PLANS. DRAWINQS AND SPECIFICATIONS OR FOR ANY VARIATION FROM 0 c CONSTRUCTION OF FLORIDA, INC. 1 PROTO-TYPICAL, -- PARCEL6 AT MIRASOL ;2-STORY i 4 .. I ... . I : ... ._ .. .. .. ... . I. i .- .. Mirasol Parcel 7 !Site Plan SF: 70' x 142.5' Taylor Woodrow Communities at Mirasol, LTD 1 1300 Mirasol Boulevard Palm Beach Gardens, FL 3341 8 (561) 622-1 730 Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491 -8890 I fl r- I r Z I! f PARCEL FEATURES PALM BEACH GARQENS , FbrnlDA Taylor Woodrow Communities % ' Mirasol ALTERNATE REAR at Mirasol,LTD 'I 1300 Mirasol Boulevard Palm Beach Gardens, FL 3341 8 (561) 622-1 730 Parcel 7 ACCESS PLAN $Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890 Mirasol Parcel 9 Site Plan SF 120' x 142.5' Ta lor Woodrow Communities at Lirasol, LTD 11 300 Mirasol Boulevard Palm Beach Gardens, FL 3341 8 (561) 622-1 730 Sanders Plannina GrouD. D.a. 2425 E. Commercial Blvd.. #407 Ft. Lauderdale. FL 33308 (954) 491-8890 i I L PALM BEACH GARDENS, FLrnIDA i I Ta lor Woodrow Communities at Lirasol, LTD 1 1300 Mirasol Boulevard Palm Beach Gardens, FL 3341 8 ' M i rasol Site PIA SF 120' x 142.5' Parcel 10 (561) 622-1 730 %Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890, Li i J I i! mirasoc Bwcd Ten - Bdacb PARCEL FEATURES 0 BALM BEACH GARDENS, FLrnlDA CQMMWNrnES I I El i 3 ALTERNATE REAR Taylor Woodrow Communities Mirasol at Mirasol. LTD Parcel 10 ACCESS PLAN 1 1300 Miiasol Boulevard Palm Beach Gardens, FL 3341 8 (561) 622-1 730 , ' .-A> ! I 3 F i .... .. .... ,. , ,. .............. .r x \ ,. -. ..... " ...... ~ ....... ~. e- I. ..... .... ... ... .... ,..- . . , .... ,- . .- - . . ,- ..... ........ .- . ,. ~, .. i, I .... .......... .. ... .. .. ................................................... .: ... . ., i. . 5. c ... 3: .h . I t . 'I I f 1 ' \ \ ,, \ ... ' .... ( ,, CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the open exchange of public discourse is essential to the democratic system of government,· and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" ' . meaning citizen, is behavior worthy of citizens living in a community! or in common with others,· and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships,· and WHEREAS, civility can uplift our daily life an~ make it more pleasant to live in an organized society,· and ~· ~' WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of May 2002, as CIVILITY MONTH in the City of Palm Beach Gardens and call upon all citizens to exercise civility toward each other . A TrEST: BLANE KAUTHEN INTERIM CITY CLERK ;,-~ r il i / ~~ >$ N II ll lf >> l~ II » y ' .... ,, ,\ ~> \ ' \ ' '>' \ \ ,, \ \ " .... CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindM_l of their neutrality ' and impartiality, rendering equal service to all. . WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April28 through May 4, 2002, as MUNICIPAL CLERK WEEK, in the City of Palm Beach Gardens and extend appreciation to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. A1TEST: II !! ' /, / PROCLAMATION CITY OF PALM BEACH GARDENS STATE OF FLORIDA WHEREAS, the General Federation of Women's Clubs (GFWC) Palm Beach Gardens is a non-profit volunteer service organization,founded in 1967, dedicated to effective participation in and service to our city, county and state; and WHEREAS, the GFWC Palm Beach Gardens is also a member of the Florida Federation of Women's Clubs (FF.WC) providing a vital/ink in a unique world-wide group of women volunteers; and WHEREAS, the GFWC, headquartered in Washington D. C., is the largest and oldest non-denominational service organization of volunteer women in the world and the FFWC headquartered in Io.keland, Florida, is a state branch of the GFWC; and WHEREAS, the GFWC Palm Beach Gardens participates in a . variety of programs and projects that serve the community and state, such as: Hacienda Girls Ranch, Hope Lodge, Special Olympics, and HOBY Leadership Seminars. Furthermore, the Tasting Tea annual fund raiser supports two full-tuition scholarships to Palm Beach Community Co/leg~ and WHEREAS, the GFWC Palm Beach Gardens continues to support through donations various projects, such as: ROCK Camp, Canine Companions for Independence, CARE, DARE, Women inMilitaryServiceMemorial, Very Special Arts, Gardens Art, Palm Beach Gardens Police and Fire Departments and FFWC Headquarter Maintenance Fund, Juniorette Scholarship Fund and Emergency Disaster Fund; and NOW, THEREFORE, L Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim April24; 2002 as: General Federation of Women's Clubs Day in the City of Palm Beach Gardens and urge all Citizens to support this noble caus.e. Attest /Ld:k- Blane Kauthen, Interim City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affzxed on this 17th day of April in the Year of our Lord, Two Thousand-Two. ,..