HomeMy WebLinkAboutAgenda Council Agenda 050505
City of Palm Beach Gardens
Council Agenda
May 5, 2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 5, 2005
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 6) Palm Beach Gardens High School First Responder Students
b. (Page 7) Recognition of William T. Dwyer High School Basketball Team.
c. (Page 8) Mayor for a Day from Temple Beth David
d. (Page 9) Annual Audit Report
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
a. (Page 134) Department Presentation – Community Services – Capital
Improvement Projects
b. (Page 135) City Manager Evaluation
c. (Staff Report on Page 156, Resolution on Page 168) Resolution 70, 2005 – City
Manager Contract Renewal. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an amended employment agreement between
Ronald M. Ferris and the City of Palm Beach Gardens; and providing an effective
date.
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Staff Report on Page 179, Resolution on Page 182) Resolution 60, 2005 -
Approve a financial assistance agreement as part of the Keep Palm Beach County
Beautiful Grant Program. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a Financial Assistance Agreement with Palm
Beach County for Median Beautification on Northlake Boulevard from the
Florida Turnpike East to Green Meadows Way as part of the Keep Palm Beach
Beautiful Grant Program; and providing an effective date.
b. (Page 192) Proclamation – Days of Remembrance
c. (Page 193) Proclamation – Civility Month
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 194, Ordinance on Page 236, Resolution on Page 240)
Ordinance 13, 2005 - (2nd reading) Waterford Hotel Planned Unit Development
(PUD) amendment. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and
Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit
Development (PUD) to transfer the site plan approval and related conditions to
Resolution 44, 2005; and providing an effective date.
Resolution 44, 2005 is a companion item to Ordinance 13, 2005
and will require Council action.
Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD)
amendment. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Waterford Hotel Planned Unit
Development (PUD), which is located approximately 1/10th of a mile South from
PGA Boulevard on the East side of US Highway One, to allow for the inclusion
of a 1,710-square-foot restaurant into the PUD, as more particularly described
herein; providing for waivers; providing for conditions of approval; and providing
an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 248, Ordinance on Page 257) Ordinance 6, 2005 – (2nd
reading) LDR amendment- Conditional uses. Amend the Code of Ordinances,
Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section 2-147
entitled “Powers and Duties” to provide that further appeals from any final
decision of the Planning, Zoning, and Appeals Board shall be made to the circuit
court. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida relating to the powers and duties of the Planning, Zoning, and Appeals
Board, the conditional use review process, the review of development order
applications, application procedures, and permitted uses, conditional, and
prohibited uses; amending Section 2-147, Code of Ordinances entitled “Powers
and Duties”; amending Section 78-24, Code of Ordinances entitled “Development
Review Committee”; amending Section 78-43, Code of Ordinances entitled
“Review of Applications for Development Order Approval”; amending Section
78-46, Code of Ordinances entitled “Application Procedures”; amending Section
78-52, Code of Ordinances entitled “Conditional Uses”; amending Section 78-54,
Code of Ordinances entitled “Public Notice”; creating a new Section 78-56 to be
entitled “Appeals and Reconsideration”; amending Section 78-159, Code of
Ordinances entitled “Permitted Uses, Conditional, and Prohibited Uses” to modify
certain permitted and conditional uses; providing for codification; and providing
an effective date.
b. (Staff Report on Page 284, Ordinance on Page 286) Ordinance 10, 2005 - (2nd
reading) Amending the Fiscal Year 2003/2004 Budget. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending the City of Palm
Beach Gardens’ budget for the Fiscal Year beginning October 1, 2003, and ending
September 30, 2004, inclusive; and providing an effective date.
c. (Staff Report on Page 295, Ordinance on Page 297) Ordinance 11, 2005 - (2nd
reading) Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending the City of Palm
Beach Gardens’ budget for the Fiscal Year beginning October 1, 2004, and ending
September 30, 2005, inclusive; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 303) Gardens United - evaluate the future of the group and their
continuance
b. (Page 312) Town Hall Meeting Issues (one hour discussion)
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
TO: Ron Ferris, City Manager DATE: April 28th 2005
FROM: C R Brown, Deputy Chief CRB
Through: Peter T. Bergel, Fire Chief
SUBJECT: First Responder Program - Overview
The upcoming May 5, 2005 Council Meeting Agenda includes a presentation by
the Palm Beach Gardens High School First Responder students. Below, please
find information regarding this program:
The Palm Beach Gardens Fire Rescue Department was asked by the Palm
Beach Gardens High School Medical Magnet Program to assist with the
development of a First Responder Training Program in 1999. This program is
designed to give students with a future in medicine an opportunity to experience
pre-hospital emergency medicine first hand. This is accomplished through
lectures at both the High School and the Fire Rescue Headquarters Station. As
part of the program, the students also participate in Vehicle Extrication Training,
Water Rescue Training (at the Burns Road Pool), Patient Immobilization
Techniques, Basic Airway Labs and tours of the Trauma Hawk and Fire Rescue
Dispatch Center. In addition, these students ride on Palm Beach Gardens Fire
Rescue Transport Units as observers.
To date, over 100 students have participated in the program and at least two
have gone on to higher levels of field medical certification. The program has
been very successful and will be continued as long as the Medical Magnet is in
place at Palm Beach Gardens High School.
Please feel free to contact this office if you have any questions regarding this
matter. Thanks!
Cc: Fire Chief Bergel
Patty Snider, City Clerk
Files
CITY OF PALM BEACH GARDENS
MEMORANDUM
CITY OF PALM BEACH GARDENS
Community Services
MEMORANDUM
TO: Patty Snider, City Clerk
DATE: April 18, 2005
FROM: Justin Lucas, Recreation Superintendent
APPROVED: Charlotte Presensky, Recreation Director
SUBJECT: William T. Dwyer High School Basketball Team Recognition
The William T. Dwyer High School boys basketball won their second consecutive
Florida High School Athletics Association (FHSAA) 5A State Championship with a 48-
42 victory over Cleanvater High School on March 11, 2005 at the Lakeland Civic Center
Dwyer finished the season with a 28-5 record.
Dwyer senior guard Aionzo Gee was named the class 5A player of the year, first team
all-state and the Palm Beach Post player of the year.
Coach Fred Ross and his team members conduct the City of Palm Beach Gardens Youth
Summer Basketball Camp for boys and girls ages 5 to 15.
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City of DRAFT
Palm Beach Gardens,
Florida
Comprehensive Annual Financial Report
September 30,2004
City of Palm Beach Gardens,
Florida i
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Comprehensive Annual Financial Report
September 30,2004
Prepared by:
Finance Department
Allan Owens, CPA, CGFO
Finance Administrator
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CITY OF PALM BEACH GARDENS, FLORIDA
TABLE OF CONTENTS
INTRODUCTORY SECTION
Letter of Transmittal
Principal City Officials
Organization Chart
Certificate of Achievement for Excellence in Financial Reporting
FINANCIAL SECTION
Report of Independent Certified Public Accountants
Management’s Discussion and Analysis
BASIC FINANCIAL STATEMENTS:
Statement of Net Assets
Statement of Activities
Fund Financial Statements:
Balance Sheet - Governmental Funds
Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets
Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds
Reconciliation of the Statement of Revenues, Expenditures, and Changes in
Fund Balances of the Governmental Funds to the Statement of Activities
Statement of Net Assets - Proprietary Funds
Statement of Revenues, Expenses and Changes in Net Assets - Proprietary Funds
Statement of Cash Flows - Proprietary Funds
Statement of Fiduciary Net Assets - Fiduciary Funds
Statement of Changes in Fiduciary Net Assets - Fiduciary Funds
Notes to Basic Financial Statements
Government-Wide Financial Statements:
REQUIRED SUPPLEMENTARY INFORMATION:
Budgetary Comparison Schedule - General Fund
Schedule of Funding Progress
Schedule of Contributions from the Employer and Other Contributing Entities
Notes to Required Supplementary Information
COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES
Nonmajor Governmental Funds:
Combining Balance Sheet
Combining Statement of Revenues, Expenditures and Changes in Fund Balances
Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
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CITY OF PALM BEACH GARDENS, FLORIDA
TABLE OF CONTENTS
(Continued)
COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES
(Continued)
Special Revenue Funds:
Police Training
Recreation Programs
Local Option Gas Tax
Police Grant
Capital Projects Funds:
Recreation Impact
Road Impact
Police Impact
Fire Impact
Art Impact
PGA Flyover
Burns Road
Fiduciary Funds:
Combining Statement of Net Assets - Pension Trust Funds
Combining Statement of Changes in Net Assets - Pension Trust Funds
STATISTICAL SECTION
Government-Wide Information:
Table I
Table I1
Fund Information:
Table I11
Table IV
Table V
Table VI
Table VI1
Table VI11
Table IX
Table X
Table XI
Table XI1
Table XI11
Table XN
Table XV
Table XVI
Government-wide Expenses by Function
Government-wide Revenues
General Fund Expenditures by Function
General Fund Revenues by Source
Property Tax Levies and Collections
Assessed and Estimated Actual 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
Schedule of Revenue Bond Coverage - Enterprise Funds
Demographics Statistics
Property Value, Construction and Bank Deposits
Principal Taxpayers
Miscellaneous Statistics
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CITY OF PALM BEACH GARDENS, FLORIDA
TABLE OF CONTENTS
(Continued)
COMPLIANCE SECTION
Report of Independent Certified Public Accountants on Compliance and on Internal Control
over Financial Reporting and on Compliance and Other Matters Based on an Audit of
Financial Statements Performed in Accordance with Government Auditing Standards
Management Letter in Accordance with the Rules of the Auditor General of the State of Florida
Report of Independent Certified Public Accountants on Compliance with Requirements
Applicable to Each Major Federal Program and State Project and Internal Control over
Compliance in Accordance with OMB Circular A-I33
Schedule of Expenditures of Federal Awards
Notes to the Schedule of Expenditures of Federal Awards
Schedule of Findings and Questioned Costs
Summary Schedule of Prior Audit Findings
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INTRODUCTORY SECTION
February 5,2005
To the Honorable Mayor, Members of the Governing Council, and Citizens of the City of Palm Beach Gardens.
State law requires that all general-purpose local governments publish within six months of the close of each
fiscal year a complete set of financial statements presented in conformity with generally accepted accounting
principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed
certified public accountants. Pursuant to that requirement, we hereby issue the comprehensive annual financial
report of the City of Palm Beach Gardens for the fiscal year ended September 30,2004.
This report consists of management’s representations concerning the finances of the City of Palm Beach
Gardens. Consequently, management assumes full responsibility for the completeness and reliability of all the
information presented in this report. To provide a reasonable basis for making these representations,
management of the City of Palm Beach Gardens has established a comprehensive internal control framework that
is designed both to protect the government’s assets from loss, theft, or misuse and to compile sufficient reliable
information for the preparation of the City of Palm Beach Gardens’ financial statements in conformity with
GAAP. Because the cost of internal controls should not outweigh their benefits, the City of Palm Beach
Gardens’ comprehensive framework of internal controls has been designed to provide reasonable rather than
absolute assurance that the financial statements will be free from material misstatement. As management, we
assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material
respects.
The City of Palm Beach Gardens’ financial statements have been audited by Rachlin, Cohen & Holtz LLP, a firm
of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance
that the financial statements of the City of Palm Beach Gardens for the fiscal year ended September 30,2004, are
free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements; assessing the accounting principles used and significant
estimates made by management; and evaluating the overall financial statement presentation. The independent
auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion
that the City of Palm Beach Gardens’ financial statements for the fiscal year ended September 30, 2004, are
fairly presented in conformity with GAAP. The independent auditor’s report is presented as the first component
of the financial section of this report.
The independent audit of the financial statements of the City of Palm Beach Gardens was part of a broader,
federally mandated “Single Audit” designed to meet the special needs of federal grantor agencies. The standards
governing Single Audit engagements require the independent auditor to report not only on the fair presentation of
the financial statements, but also on the audited government’s internal controls and compliance with legal
requirements, with special emphasis on internal controls and legal requirements involving the administration of
federal and state grant awards. These reports are available in the City of Palm Beach Gardens’ separately issued
Single Audit Report. GAAP require that management provide a narrative introduction, overview, and analysis to
accompany the basic financial statements in the forni of Management’s Discussion and Analysis (MD&A). This
letter of transmittal is designed to complement MD&A and should be read in conjunction with it. The City of
Palm Beach Gardens’ MD&A can be found immediately following the report of the independent auditors.
Profile of the Government
Palm 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 Palm Beach County, and has a population of 41,834. 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 of Palm Beach Gardens provides a full range of services, including police and fire protection; the
construction and maintenance of highways, streets, and other infrastructure; and recreational activities and
cultural events. Water and sewer services are provided through Seacoast Utilities, a legally separate Water
and Sewer Authority, which functions totally independent of the City of Palm Beach Gardens, and therefore
has not been included as an integral part of the City of Palm Beach Gardens’ financial statements. There are
no component units of the City of Palm Beach Gardens at this time.
The annual budget serves as the foundation for the City of Palm Beach Gardens’ financial planning and
control. All agencies of the City of Palm Beach Gardens are required to submit requests for appropriation to
the City Manager in March each year. The governments’ manager uses these requests as the starting point for
developing a proposed budget. The City Manager then presents this proposed budget to the council for
review prior to July 3 1. The council is required to hold two public hearings on the proposed budget and to
adopt a final budget no later than September 30, the close of the City of Palm Beach Gardens’ fiscal year.
The appropriated budget is prepared by fund, function (e.g., public safety), and department (e.g., police). The
budget may be amended in several ways. An intradepartmental or interdepartmental transfer within the same
fund may be authorized by the City Manager. A transfer between different funds may be authorized initially
by the City Manager, subject to approval within thirty days by resolution adopted by the City Council. A
third way is a transfer from the contingency account of the City Council, which may be authorized only by
resolution adopted by the Council; except that, in the event of an emergency declared by the manager, such a
transfer may be made initially upon authorization of the manager, subject to approval within thirty days by
resolution adopted by the Council. Any increase in the total appropriations for a fund must be approved by
ordinance of the Council. Budget-to-actual comparisons are provided in this report for each individual
governmental fund for which opriated annual budget has been adopted. For the general fund, this
comparison is presented on pag part of the basic financial statements for the governmental funds.
Factors Affecting Financial Condition
The information presented in the financial statements is perhaps best understood when it is considered from
the broader perspective of the specific environment within which the City of Palm Beach Gardens operates.
Local Economy. The City of Palm Beach Gardens currently enjoys a favorable economic environment and
local indicators poiut to continued stability. The region has a varied commercial base that adds to the relative
stability of the unemployment rate. Major industries with headquarters or divisions located within the
government’s boundaries or in close proximity include Palm Beach Gardens Medical Center, Pratt & Whitney,
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Wackenhut Corporation, Divosta & Company, PGA National Resort & Spa, and Implant Innovations. These
companies represent a balance of health care, manufacturing, construction, and service industries.
State and county officials announced last year the addition of a Scripps Research Institute to the area. While
the exact site location has still not been finalized, this major medical research institute will certainly impact the
City of Palm Beach Gardens and Palm Beach County. The development will not only include the Scripps
Research facility, and its related spin-off businesses, but also residential units, schools, recreational facilities,
and general commercial areas. The impact of Scripps over the next 15 years is substantial. This project could
potentially provide 44,000 new jobs and close to 500 biotech related firms to the State, and will attract quality
higher learning institutions to the area. In addition to the prospect of this major facility entering the City of
Palm Beach Gardens, the current level of construction and development of available land continues at a record
pace. For fiscal year 2004, approximately $600.5 million of new construction value was issued permits, up
from $443 million the prior year.
The City of Palm Beach Gardens has an employed labor force of approximately 17,963 out of a total labor
force of about 18,535, for an unemployment rate of 3.1 percent. This rate compares favorably to the state
unemployment rate of 4.8 percent. With the current level of construction and development activity, coupled
with the prospect of a major medical research facility locating in Palm Beach County, future employment
within the City appears more than stable.
Long-term financial planning. In September, 2004, the City endured the effects of two hurricanes in a span
of three weeks. As a result of these two storms, the City incurred in excess of $5 million in costs from
September through December for emergency protective measures, debris removal, and damage to parks and
facilities. As of the date of this report, a total of $4.7 million in costs had been submitted to FEMA for
reimbursement. The accompanying financial statements as of September 30, 2004, reflect a receivable of
$1.6 million from FEMA and $37 1,000 from the City’s insurance carrier for costs incurred. As of today’s
date, the receivable from insurance has been received, but the City has received no money from FEMA.
Pending the timing of FEMA reimbursements, this large receivable could have a significant impact on the
City’s budgeting and financial planning for fiscal year 2006.
As mentioned previously, the Council is currently planning, along with the County, for the future
development of the Scripps Research Facility. While the exact location of the research institute has yet to be
determined, the economic effects of this project will be significant for the City and County, and will not be
completely realized for 20-30 years.
In fiscal year 2003, the Council formed a Blue Ribbon committee to analyze and recommend a funding plan
for proposed storm water management improvements to the City’s drainage system. The scope of their work
included collection of available information on the existing drainage basins, control structures, the current
status of the canal and swale restoration work, and the estimated cost to restore the entire system to its
originally designed specifications, along with the estimated cost to maintain the system on an ongoing basis.
The ultimate goal of this committee was to reach a consensus on a funding plan for both restoration and
ongoing maintenance, and make a recommendation to Council early in fiscal year 2003. As a result of the
recommendations of the Committee, the Council authorized staff to move forward with the issuance of $5
million of non-ad valorem bonds to address the highest priority drainage issues as identified by the City
Engineer and recommended by the Committee. Closing on these bonds took place on January 22,2004. This
will be a three-year project, with approximately two and a half years remaining as of September 30,2004.
Construction will begin in fiscal year 2005 on several significant recreation related projects. These include
the Burns Road Community Recreation Campus expansion, Thompson River Linear Park, Lilac Park Phase
I, City Park Phase 11, and Tennis Center expansion.
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The Burns Road Community Recreation Campus expansion project includes the addition of locker-room
facilities, gym, storage space, office space, new pool, and other enhanced outdoor facilities. The total project
cost is approximately $4 million, with over $3 million fimded from Recreation Impact Fees.
The Thompson River Linear Park project includes the development of a trail system and connection of the
Burns Road Community Recreation Campus with the Lilac Street Park. The total cost of this project is
approximately $400,000, with half of the cost being provided through a grant from the Land & Water
Conservation Fund.
A grant from the Florida Recreation Development Assistance Program will provide $200,000 toward the
funding of the Lilac Park Phase I Project. This project will provide facilities such as a playground, picnic
areas, dog park, boat facilities, and improvements to the existing baseball field and exercise trail. The total
cost of this project is approximately $400,000.
The City Park Phase I1 project will provide recreation facilities such as hard surface tennis courts, picnic
facilities, hard surface exercise trail and related equipment, sports lighting, and playground shade structures.
The total cost of this project is approximately $400,000, with half of the cost being provided through a grant
from the Florida Recreation Development Assistance Program.
The Tennis Center expansion project consists of the construction of four new tennis courts at a total cost of
$400,000, with funding being provided by Recreation Impact Fees.
The next anticipated financing will occur in fiscal year 2006, and will be used to fund the construction of a
new Fire Station #2 in the amount of $2,000,000, Lake Catherine softball complex renovations of
$1,370,000, and PGA Park renovations in the amount of $700,000, for a total projected loan of $4,070,000.
Cash management policies and practices. Cash temporarily idle during the year was invested in obligations
of the U.S. Treasury, other federal agency securities, and the State Board of Administration’s investment pool.
The maturities of the investments range from 30 days to 5 years, with an average maturity of .94 years. The
average yield on investments was 2.08 percent for the City’s portfolio, compared to the benchmark yield of
2.21 percent for 1 year Treasury Notes as of September 30,2004. The average yield for the pension funds were
8.9 percent for the Police Pension, 9.5 percent for the Fire Pension, and 16.7 percent for the General Employees
Pension. The higher rates of return for the pension trust hnds are attributable to the long-term character of
most of its investment holdings. Investment income includes appreciation in the fair value of investments.
Increases in fair value during the current year, however, do not necessarily represent trends that will continue;
nor is it always possible to realize such amounts, especially in the case of temporary changes in the fair value of
investments that the government intends to hold to maturity.
Risk management. The City’s Risk Management function continues to work on providing safety-training
programs and closely monitors all claim activity. Through these efforts, the City was able to improve its
Workers Compensation Experience Rating in 2004, decreasing to 1.04 from 1.14. The City, through the risk
management function, continues to keep a watchful eye on all insurance programs and costs. Additional
information on the City’s risk management activity can be found in Note 14 of the notes to the financial
statements.
Pension and other post-employment benefits. The City sponsors three single-employer defined benefit
pension plans for its Police, Fire, and General employees. The General Employee Defined Benefit plan was
closed to all new employees in 1995, as a 401 Defined Contribution plan was enacted. At that time,
employees were given a one-time election to remain in the old defined benefit plan, or switch to the 40 1 plan.
Each year, an independent actuary engaged by the pension plans calculates the amount of the annual
contribution that the City must make to the pension plans to ensure that the plans will be able to fully meet
their obligations to retired employees on a timely basis. As a matter of policy, the City fully finds each
year’s annual required contributions to the pension plans as determined by the actuaries. As a result of the
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City’s conservative funding policy, the City has succeeded as of September 30,2004, in funding 6 1.8 percent
of the present value of the projected benefits earned by the fire employees, 64.1 percent for police employees
and 100.0 percent for general employees. The remaining unfunded amount is being systematically funded as
part of the annual required contribution calculated by the actuary.
Additional information on the City’s pension arrangements can be found in Notes 9 and 10 in the notes to the
financial statements.
Awards and Acknowledgements
The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for
Excellence in Financial Reporting to the City of Palm Beach Gardens for its comprehensive annual financial
report (CAFR) for the fiscal year ended September 30, 2003. This was the tenth consecutive year that the
government has received this prestigious award. In order to be awarded a Certificate of Achievement, the
government published an easily readable and efficiently organized CAFR. This report satisfied both GAAP
and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. We believe that our current CAFR
continues to meet the Certificate of Achievements Program’s requirements and we are submitting it to the
GFOA to determine its eligibility for another certificate.
The GFOA also awarded the Award for Distinguished Budget Presentation to the City of Palm Beach
Gardens for its operating and capital improvements budget for the fiscal year ended September 30,2004. In
order to qualify for the Distinguished Budget Presentation Award, the City’s budget document was judged to
be proficient in several categories, including as a policy document, a financial plan, an operations guide, and
a communications device.
The preparation of this report would not have been possible without the efficient and dedicated services of
the entire staff of the finance and administration department. We would like to express our appreciation to all
members of the department who assisted and contributed to the preparation of this report. Credit also must be
given to the mayor and the governing council for their unfailing support for maintaining the highest
standards of professionalism in the management of the City of Palm Beach Gardens’ finances.
Respectfully submitted,
Allan Owens, CPA, CGFO
Finance Director
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CITY OF PALM BEACH GARDENS, FLORIDA
PRINCIPAL, CITY OFFICIALS
As of September 30,2004
TITLE NAME
Mayor
Vice-Mayor
Council Member
Council Member
Council Member
City Manager
City Attorney
City Engineer
City Clerk
Finance Administrator
Eric Jablin
Joseph Russo
David Levy
Annie Marie Delgado
Vacant
Ronald M. Ferris
Christine P. Tatum
LBF&H, Inc.
Patricia Snider
Allan Owens
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CITY OF PALM BEACH GARDENS
ORGANIZATION CHART
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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
September 30,2003
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.
v Executive Director
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FINANCIAL SECTION
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REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
We have audited the accompanying financial statements of the governmental activities, the business-type
activities, each major fund, and the aggregate remaining fund information of the City of Palm Beach
Gardens, Florida (the City), as of and for the year ended September 30, 2004, which collectively comprise
the City’s basic financial statements as listed in the table of contents. These financial statements are the
responsibility of the City’s management. Our responsibility is to express opinions on these financial
statements based on our audit. We did not audit the financial statements of the Pension Trust Funds for
Police Officers and for Firefighters, which represent 72% and 52%, respectively, of the assets and
revenues of the aggregate remaining fund information. Those financial statements were audited by other
independent auditors whose reports thereon have been furnished to us, and our opinion, insofar as it
relates to the amounts included for the Pension Trust Funds for Police Officers and for Firefighters, is
based upon the reports of the other auditors.
We conducted our audit in accordance with auditing standards generally accepted in the United States and
the standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States. 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 opinions.
In our opinion, based on our audit and the reports of the other auditors, the financial statements referred to
above present fairly, in all material respects, the respective financial position of the governmental
activities, the business-type activities, each major fund and the aggregate remaining fund information of
the City, as of September 30,2004, and the respective changes in financial position and cash flows, where
applicable, thereof for the year then ended in conformity with accounting principles generally accepted in
the United States.
In accordance with Government Auditing Standards, we have also issued our report dated February 5,2005,
on our consideration of the City’s internal control over financial reporting and on our tests of its compliance
with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose
of that report is to describe the scope of our testing of internal control over financial reporting and
compliance and the results of that testing, and not to provide an opinion on the internal control over
financial reporting or on compliance. That report is an integral part of an audit performed in accordance
with Government Auditing Standards and should be considered in assessing the results of our audit.
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The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
Page Two
Management’s Discussion and Analysis (pages 3 through 19, and the required supplementary
information (pages 52 through 57) are not a required part of the basic financial statements but are
supplementary information required by accounting principles generally accepted in the United States. We
have applied certain limited procedures, which consisted principally of inquiries of management
regarding the methods of measurement and presentation of the required supplementary information.
However, we did not audit the information and express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the basic financial statements taken as a
whole. The introductory section, the combining and individual fund financial statements and schedules
and the statistical tables are presented for purposes of additional analysis and are not a required part of the
basic financial statements of the City. Similarly, the accompanying schedule of expenditures of federal
awards and state financial assistance projects is presented for purposes of additional analysis as required
by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and
Non-ProJiC Organizations and Chapter 10.550, Rules of the Auditor General, and is not a required part of
the basic financial statements. The combining and individual hnd financial statements and schedules and
the schedule of expenditures of federal awards and state financial assistance projects have been subjected
to the auditing procedures applied in the audit of the basic financial statements and in our opinion, are
fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. The
information shown in the introductory and statistical sections listed in the table of contents has not been
subjected to the auditing procedures applied in the audit of the basic financial statements and,
accordingly, we express no opinion on them.
West Palm Beach, Florida
February 5,2005
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CITY OF PALM BEACH GARDENS, FLORIDA
Management's Discussion and Analysis
As management of the City of Palm Beach Gardens, we offer readers of the City's ,,,iancial statements this
narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30,
2004. Readers are encouraged to consider the information presented here in conjunction with additional
information that is furnished in the letter of transmittal, which can be found on pages i t
Financial Highlights
The assets of the City of Palm Beach Gardens exceeded its liabilities at the close of the most recent fiscal year
by $76.1 million (net assets). Of this amount, $14.6 million (unrestricted net assets) may be used to meet the
ongoing obligations to citizens and creditors. The City's net assets increased by $9.7 million inclusive of the
prior period adjustment of $3.6 million during the current fiscal year.
> As of the close of the current fiscal year, the City's governmental funds reported combined ending fund
balances of $32.4 million, an increase of $6.8 million in comparison with the prior year. Approximately
23.4 percent of this total amount is available for spending at the government's discretion (unreserved,
undesignated fund balance).
> At the end of the current fiscal year, unreserved, undesignated fund balance of the general fbnd was $7.5
million, or 14.4 percent of total general fund expenditures.
9 The City's total governmental activities debt increased by $2.7 million (8 percent) during the current fiscal
year. The increase was due to the issuance of $4.995 million in public improvement and $15.515 million in
refunding bonds, as well as a $364,000 note to finance the cost of public safety equipment. These additions
were offset by a reduction of approximately $15.5 million in refunded debt, and principal payments of $1.9
million.
Overview of the Financial Statements
This discussion and analysis is intended to serve as an introduction to the City of Palm Beach Gardens basic
financial statements. The City's basic financial statements consist of three components: 1) government-wide
financial statements, 2) fund financial statements, and 3) notes to the basic financial statements. In addition to
these basic financial statements, this report contains other supplementary information.
Government-wide financial statements. The government-wide Jinancial statements are designed to provide
readers with a broad overview of the City's finances, in a manner similar to a private-sector business.
The statement of net assets presents information on all of the City's assets and liabilities, with the difference
between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful
indicator of whether the financial position of the City is improving or deteriorating.
The statement of activities presents information showing how the City's net assets changed during the most
recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the
change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this
statement for some items that will result in cash flows in fhre fiscal periods (e.g., uncollected taxes and earned
but unused vacation leave).
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Both of the government-wide financial statements distinguish functions of the City that are principally supported
by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to
recover all or a significant portion of their costs through user fees and charges (business-type activities). The
governmental activities of the City include public safety, physical environment, transportation, culture and
recreation, and general government services. The business-type activities of the City include golf course
operations.
The government-wide financial statements can be found on
Fund financial statements. Afund is a grouping of re1 at is used to maintain control over
resources that have been segregated for specific activities or objectives. The City, like other state and local
governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal
requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary
funds and fiduciary funds.
eport.
Governmental funds. Governmental funds are used to account for essentially the same functions reported as
governmental activities in the government-wide financial statements. However, unlike the government-wide
financial statements, governmental fund financial statements focus on near-term inflows and outfrows of
spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such
information may be useful in evaluating the City's near term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is
useful to compare the information presented for governmental funds with similar information presented for
governmental activities in the government-wide financial statements. By doing so, readers may better
understand the long-term impact of the City's near-term financing decisions. Both the governmental fund
balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances
provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.
The City maintains thirteen individual governmental funds. Information is presented separately in the
governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and
changes in fund balances for the General Fund, Recreation Impact Capital Projects Fund, and Road Impact
Capital Projects Fund, all of which are considered to be major funds. Data from the other ten governmental
fhds are combined into a single, aggregated presentation. Individual ch of these nonmajor
governmental funds is provided in the form of combining statements on p
The City adopts an annual appropriated budget for its General Fund, certain special revenue funds and the
ule has been provided for the General Fund to
The budgetary schedules for all other funds can be
budgetary compar
h its budget on pag
The basic governmental fund financial statements can be found on p
Proprietary funds. The City maintains two types of proprietary fun terprise fund is used to report the
same functions presented as business-type activities in the government-wide financial statements. The City uses
an enterprise find to account for its golf course operations. An internal service fund is used to account for the
City's fleet maintenance services provided to all departments on a cost reimbursement basis. Since these
services predominantly benefit governmental rather than business-type functions, they have been included
within the governmental activities in the government-wide financial statements.
The basic proprietary fund financial statements can be found on page f this report.
w
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Fiduciuryfunds. Fiduciary funds are used to account for resources held for the benefit of parties outside the
City. Fiduciary funds are not reflected in the government-wide financial statement because the resources of
those funds are not available to support the City's own programs. The accounting used for fiduciary hnds is
much like that used for proprietary funds.
The basic fiduciary fund financial statements can be found on pages this report.
Notes to the basic financial statements. The notes provide additional information that is essential to a hll
understanding of the data provided in the government-wide and fund financial statements.
The notes to the basic financial statements can be found on pages this report.
Other information. In addition to the basic financial statements and accompanying notes, this report also
presents certain required supplementary information including the budgetary comparison schedule of the
General Fund and information concerning the City's progress in funding its obligation to provide pension
benefits to its employees.
Required supplementary information can be found on page f this report.
Government-wide Financial Analysis
As noted earlier, net assets may serve over time as a useful indicator of the City's financial position. In the case
of the City of Palm Beach Gardens, total net assets exceeded liabilities by $76.1 million at the close of the most
recent fiscal year. By far the largest portion of the City's net assets (60 percent) represents investment in capital
assets (e.g., land, buildings, infrastructure, machinery and equipment), less any related outstanding debt used to
acquire those assets. The City uses these capital assets to provide services to citizens; consequently, they are not
available for future spending. Although the City's investment in its capital assets is reported net of related debt,
it should be noted that the resources needed to repay this debt must be provided from other sources since the
capital assets themselves cannot be used to liquidate these liabilities.
$ Millions
45
35
25
15
5
-5 Restricted Unrestricted Invested in capital
assets net of
related debt
As the chart above illustrates, an additional portion of the City's net assets, $15.7 million (20.6 percent),
represent resources that are subject to external restrictions on how they may be used. The remaining balance of
unrestricted net assets of $14.6 million (19.2 percent) may be used to meet the City's ongoing obligations to
citizens and creditors.
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City of Palm Beach Gardens Net Assets
Governmental Business-type
Activities Activities Total
2004 2003 2004 2003 2004 2003
Current and other assets $41,392,386 $29,725,882 $ 501,862 $ 622,577 $41,894,248 $30,348,459
Capital assets, net 81,577,880 76,304,809 4,453,810 4,636,808 86,03 1,690 80,941,617
Total assets 122,970,266 107,045,669 4,955,672 5,870,698 127,925,938 112,916,367
Restricted assets - 1,014,978 61 1,313 - 1,626,291
Long-term liabilities 37,335,727 34,626,137 5,983,032 6,893,148 43,318,759 41,519,285
Other liabilities 8,334,867 4,866,488 142,683 18 1,398 8,477,550 5,047,886
Total liabilities 45,670,594 39,492,625 6,125,715 7,074,546 51,796,309 46,567,171
Invested in capital assets,
net of related debt 47,266,504 41,678,672 (1,391,784) (2,236,869) 45,874,720 39,441,803
Restricted 15,671,654 8,912,604 611,313 15,671,654 9,523,917
Unrestricted 14,361,5 14 16,961,768 221,741 421,708 14,583,255 17,383,476
Total net assets $77,299,672 $67,553,044 $(1,170,043) $(1,203,848) $76,129,629 $66,349,196
At the end of the current fiscal year, the City is able to report positive balances in net assets for all governmental
type activities, while the business-type activity shows a deficit balance. However, this deficit has been reduced
over the past three fiscal years.
City of Palm Beach Gardens Changes in Net Assets
Governmental Business-type
Activities Activities Total
2004 2003 2004 2003 2004 2003
Program revenues:
Charges for services
Operating grants and contributions
Capital grants and contributions
Taxes:
General revenues:
Property taxes
Franchise fees
Public service taxes
Sales tax and local option gas tax
State shared revenue
Unrestricted intergovernmental:
Impact fees
Investment earnings
Miscellaneous
Total revenues
$ 9,309,813 $ 7,493,130 $1,246,536 $1,254,384 $ 10,556,349 $ 8,747,514
1,762,120 - 1,762,120
3,758,850 6,204,026 - 3,758,850 6,204,026
30,581,3 16 26,979,019 - 30,581,316 26,979,019
3,370,103 3,049,795 - 3,370,103 3,049,795
675,624 739,827 675,624 739,827
3,378,464 3,076,776 - 3,378,464 3,076,776
850,494 730,007 850,494 730,007
554,197 657,101 15,904 38,048 570,101 695,149
1,573,389 405,875 25,616 24,000 1,599,005 429,875
$62,074,879 $54,692,562 $1,288,056 $1,316,432 $63,362,935 $56,008,994
6,260,509 5,357,006 - 6,260,509 5,357,006
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Program expenses:
General government services
Public safety
Culture/recreation
Physical environment
Transportation
Interest on long-term debt
Total expenses
Change in net assets before transfers
Transfers
Change in net assets
Net assets, beginning, as reported
Prior period adjustment
Net assets, beginning, as restated
Net assets, ending
Governmental Business-type
Activities Activities Total
2004 2003 2004 2003 2004 2003
$ 13,899,785 $ 7,912,852 $ -$ - $ 13,899,785 $ 7,912,852
26,944,280 22,860,109 - 26,944,280 22,860,109
5,927,344 5,353,104 1,677,140 1,729,909 7,604,484 7,083,013
4,639,930 3,128,692 - 4,639,930 3,128,692
2,962,465 3,105,384 - 2,962,465 3,105,384
1,095,103 - 1,576,5 1 1 - 1,095,103 1,576,511
55,468,907 43,936,652 1,677,140 1,729,909 57,146,047 45,666,561
6,605,972 10,755,9 10 (389,084) (41 3,477) 6,216,888 10,342,433
6,183,083 10,304,494 33,805 37,939 6,216,888 10,342,433
67,553,044 57,248,550 (1,203,848) (1,241,787) 66,349,196 56,006,763
71,116,589 57,248,550 (1,203,848) (1,241,787) 69,912,741 56,006,763
$77,299,672 $ 67,553,044 $(1,170,043) $(1,203,848) $76,129,629 $66,349,196
(422,889) (451,416) 422,889 45 1,416
3,563,545 - - 3,563,545
Gl%%'?%me@al activities. As illustrated in the table above, beginning net assets were restated and increased by
p? This restatement was the result of the reevaluation of estimated historical costs and classifications
ita1 assets. Net assets of the City's governmental activities increased by 14.3 percent ($9.7 million)
from $67.6 million in the last fiscal year to $77.2 million in the current fiscal year. Key elements of this
increase are as follows:
9 Property taxes increased by $3.6 million (13.4 percent), due to new construction and increases in existing
property values. > Operating grants and contributions increased by $1.7 million, primarily due to the inclusion of the
estimated receivable from FEMA of $1.6 million for costs associated with hurricanes Frances and Jeanne. > Miscellaneous revenues increased by $1.1 million, due to the inclusion of the $1.3 million from Tech
Village Partners for costs expended on the Scripps Research Institute development application process.
The chart below depicts expenses and program revenues by function for all governmental activities. The graph
illustrates the relatively minor amount of support for governmental operations that is derived from program
revenues.
City of Palm Beach Gardens Expenses & Program Revenues-Governmental Activities
(in millions)
Oenoral Public Sabty Mbv0 Recreation Phwical Trans$mbtim In(er0si Expens0
Gw0rmmd Em irmnt
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City of Palm Beach Gardens Revenues by Source-Governmental
Activities
Charges for
15%
Grants and Services [Contributions
I 9%
Miscellaneous
Investment
Earnings --,
49%
Impact Fees
10%
\Franchise Fees
6%
Sales Tax and
Local Option Gas
Tax
5%
Stateshared/ Revenue 1 '\
1% Public Service
Taxes
1%
As illustrated in the chart above, property taxes comprise approximately one-half of total governmental activity
revenues.
s. The net assets of the City's business-type activks increased by $33,805, from a
the current fiscal year. Operating
xpenses increased by 7%. These
factors were offset by a reduction in interest expense of $151,715, which was the result of a refunding of
existing debt that occurred in January, 2004.
q\lQ.
st fiscal year compared to a deficit o
h the prior year, decreasing by 1%,
C Ity of Palm Beach Gardens Expenses and Revenues-Business-type Activities
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Golf Course
The chart above illustrates expenses, revenues, and transfers for the City's business-type activity, which is the
Enterprise Golf Course Fund.
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City of Palm Beach Gardens Revenues by Source-Business Type
Activities
Transfers
25%
Charges for
Services
73%
Miscellaneous
2%
As illustrated above, Charges for Services comprise approximately three-fourths of the total revenues and
sources for the City's business-type activity.
Financial Analvsis of the Citv's Funds
As noted earlier, the City of Palm Beach Gardens uses fund accounting to ensure and demonstrate compliance
with finance-related legal requirements.
Governmental funds. The focus of the City's governmental funds is to provide information on near-term
inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's
financing requirements. In particular, unreserved fund balance may serve as a useful measure of the City's net
resources available for spending at the end of the fiscal year.
Governmental Fund Balances for the fiscal Year Ended September 30,2004
(in millions)
16
14
12
10
8
6
4
2
0
General Fund Other Governmental
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As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances
(both reserved and unreserved) of $32.4 million, an increase of $6.8 million in comparison with the prior year.
Approximately 22.8 percent of this total amount ($7.6 million) represents unreserved and undesignated fund
balance, which is available for spending at the City's discretion. The remainder of fund balance, exclusive of
designations, is reserved to indicate it is not available for new spending because it has already been committed
for a variety of purposes, such as capital improvements, law enforcement, encumbrances and prepaid items.
The General Fund is the chief operating fund of the City. General tax revenues and other receipts that are not
allocated by law or contractual agreement to another fund are accounted for in this fund. General operating
costs, fixed charges and capital improvement costs not paid through other funds are paid from this fund. At the
end of the current fiscal year, unreserved fund balance of the General Fund was $14.1 million. Of this amount,
$6.6 million was designated for future use and $7.5 million was unreserved and undesignated. The amount of
General Fund revenue by type, their percent of the total and the amount of change compared to last fiscal year
are shown in the following schedule:
Revenue Sources
Taxes
Licenses and permits
Intergovernmental
Charges for services
Fines and forfeitures
Investment income
Miscellaneous
Total revenues
Percent Percent Increase Percentage
2004 of 2003 of (Decrease) of Increase
Amount Total Amount Total From 2003 [Decrease)
$34,627,043
5,654,010
6,028,474
1,551,044
5 18,339
462,495
4,255,068
$53,096,473
65.2% $30,768,641
10.6% 3,955,167
1 1.4% 4,086,339
2.9% 1,530,477
1 .O% 349,040
0.9% 469,102
8.0% 1,775,169 -
100.0% $42.933.935
71.7% $ 3,858,402
9.2% 1,698,843
9.5% 1,942,135
3.6% 20,567
0.8% 169,299
- 4.1% 2,479,899
1.1% (6,607)
100.0% $10,162,538 --\
12.5%
43.0%
47.5%
1.3%
48.5%
-1.4%
139.7%
23.7%
As illustrated above, General Fund revenue incr in fiscal year 2004.
Property taxes accounted for the bulk of the i as a result of new
construction and increases in taxable values. Licenses lion from the prior year
due to significant building permit activity that continued i remainder of the increase in
overall revenue is due primarily to two non-recurring significant events occurring last year. The first event was
the effect of two hurricanes within a three week period in September, 2004. As of September 30,2004, the City
had included in intergovernmental revenues a receivable from FEMA of $1.6 million for reimbursement of
expenses associated with Hurricanes Frances and Jeanne. This receivable accounts for the bulk of the increase
of $1.9 million in intergovernmental revenue. The other significant event occurring during the year was the
reimbursement of $1.3 million from Tech Village Partners for costs expended on the Scripps Research Institute
development application process. This reimbursement is included in miscellaneous revenue.
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FY 2004 General Fund Revenues
Investment Income Miscellaneous
Fines 8 Forfeitures
Intergovernmental
11%
Property Taxes
65%
The graph above illustrates the percentage composition of General Fund revenues by type. As can be seen,
Property Taxes comprise the majority of General Fund revenues, with the next largest sources of revenues being
intergovernmental revenues and licenses and permit revenue.
Expenditures in the General Fund are shown in the following schedule:
Percent Percent Increase Percentage
2004 of 2003 of (Decrease) of Increase
Expenditures Amount Total Amount Total From 2003 (Decrease)
General government $12,910,353 24.7% $ 7,539,311 18.0% $ 5,371,042 7 1.2%
Public safety 25,096,461 48.2% 21,436,179 51.1% 3,660,282 17.1%
Physical environment 4,3 10,982 8.3% 2,927,775 7.0% 1,383,207 47.2%
Debt service 2,512,620 - 4.8% 1,843,305 - 4.4% 669,3 15 36.3%
Total expenditures $52,111,275 100.0% $41,914,690 - 100.0% $10,196,585 24.3%
Culture and recreation 4,115,773 7.9'10 3,952,988 9.4% 162,785 4.1%
Capital outlay 3,165,086 6.1% 4,215,132 10.1% (1,050,046) -24.9%
-
In fiscal year 2004, total General Fund expenditures increased by $10.2 million or 24.3 percent compared to the
prior year. The bulk of the increase was in the general government category, and was due to approximately $3
million of debris removal costs associated with the hurricanes, and $1.3 million expended on the Scripps
Research Institute development application process. As noted in the discussion of General Fund revenues, these
one-time costs are offset in fiscal year 2004 by a reimbursement from Tech Village Partners of $1.3 million, and
an estimated receivable of $1.6 million from FEMA for hurricane costs. The balance of the overall increase in
expenditures in the categories of public safety and physical environment is attributed to personnel costs
associated with the hurricanes, union negotiated salary adjustments, and the continued rising cost of health and
other insurance coverage.
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As illustrated in the graph below, public safety expenditures account for approximately one-half of total General
Fund expenditures.
FY 2004 General Fund Expenditures
Public Safety
4a% 7
General Government1
25% Debt 6%
5%
Enterprise fund: The City’s enterprise fund provides the same type of information found in the government-
wide financial statements, but in more detail.
Net assets at the end of the year for the Golf Course Fund amounted to a deficit of ($1,170,043). Other factors
concerning the finances of this major fund have already been addressed in the discussion of the City’s business-
type activities.
General Fund Budgetary HighliPhts
During the past year, the budget was modified several times. During the second quarter, the Council authorized
a budget amendment principally to:
9 Adjust the carryover of funds by the amounts reserved for purchase orders and designated for projects
from the previous fiscal year.
9 Record $5,000,000 Other Financing Sources relative to the Series 2003 Public Improvement and
Refunding Bond Issue. > Record the $500,000 carryover of the uncollected contribution from WCI Communities for the first year’s
operating costs for Fire Station #5.
9 Record the carryover of uncollected FRDAP and FEMA Plat 4 grants in the amounts of $200,000 and
$72,084, respectively.
9 Record the Keep Palm Beach County Beautiful and Universal Hiring grants in the amounts of $155,725
and $262,500, respectively.
A second budget amendment was authorized at the beginning of the third quarter that:
9 Increased the budgeted employment positions of the City by two with the addition of one Special Projects
Coordinator/Senior Planner in Growth Management, and a Website Developer in the Information Technology
Department. In addition, two part-time temporary Planning Interns were added in Growth Management.
9 Allocated $550,000 from General Fund reserves to hnd the start-up costs for the new Youth Enrichment
Day Care Program in the Recreation Fund, and an additional $1,500,000 from General Fund Reserves to
cover costs associated with the application process for the Scripps Development of Regional Impact.
These costs were reimbursed by Tech Village Partners as of September 30,2004.
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9 Adjusted beginning cash carryover balances in concert with the final 2003 audited financial statements.
9 Increased the funding for the Military Trail Grant Program by $10,000.
A third budget amendment was approved in the last quarter of fiscal year 2004 to record the following:
9 Reimbursement from Tech Village Partners in the amount of $1,253,893 for the actual amount of costs
expended on the Scripps development application process as of September 30,2004.
9 Donation from The Gardens Association of $808,000 for improvements to the City’s cultural/recreational
facilities.
9 Settlement of $375,000 from the MacArthur Foundation for the environmental contamination lawsuit.
9 Projected positive variances in the following revenue categories:
J Building Permits in the amount of $898,335.
J Electric Franchise Fees of $382,650.
J Emergency Medical Transport Fees of $248,237.
J Ad Valorem Tax Revenue of $247,44 1.
A final budget amendment was approved in fiscal year 2005 to reflect the following significant unanticipated
revenues, as well as to reduce certain expenditure accounts to reflect amounts that were re-appropriated to fiscal
year 2005:
9 An additional $900,000 in permit revenue and related fees from the continued strong construction and
development in the City.
9 The estimated receivable from FEMA of $1.6 million.
9 Insurance proceeds received of $364,000 for hurricane related damages.
9 An additional $455,000 above the original amount budgeted for the reimbursement from Tech Village
Partners for Scripps Research Institute development costs.
CaDital Assets and Debt Administration
Capital assets. The following table illustrates the City’s capital assets for its governmental and business-type
activities as of September 30, 2004, which amount to $86 million (net of accumulated depreciation). These
assets include land, buildings, roadways, drainage and structures, machinery and equipment, and improvements
other than buildings. The total increase in the City’s capital assets for the current fiscal year was 5.9 percent.
Governmental Business-type
Activities Activities Total
2004 2003 2004 2003 2004 2003
Land
Construction in progress
Land improvements
Buildings
Roadways
Drainage and structures
Machinery and equipment
Improvements other than buildings
Total
$13,186,041 $12,732,930 $2,306,095
3,918,694 10.116,180 9,675
17,929,869 16,577,005 273,803
29,198,933 20,441,114
9,783,063 8,598,532
5,448,222 7339,048 107,955
2,113,058
$81,577,880 $76,304,809 $4,453,810
- 1,756,282
$1,788,948 $15,492,136
2,416,189 1,756,282
305,723 18,203,672
- 9,792,738
- 29,198,933
- 9,783,063
125,948 5,556,177
$4,636,808 $91,896,059
- 2,113,058
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$14,521,878
10,116,180
2,4 1 6,189
16,882,728
20,441,114
8,598,532
7,964,996
$80,941,617
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to capital assets before depreciation and the prior .period adjustment for governmental activities
ion. Some of the more significant items included the following:
9 Completion of the $1 1 million Burns Road widening and beautification project from Military Trail to
Riverside Drive, and from Gardens East Road to Prosperity Farms Road.
9 Completion of FirePolice Station #5 in Frenchman's Reserve. This $1.5 million facility was fimded by a
contribution from WCI Communities.
9 Completion of the Plat 4 and Phase I Stonnwater System Improvements projects in the amounts of
$500,000 and $900,000, respectively.
9 Construction of the Lake Catherine restrooms and group pavilion at a cost of $126,000.
9 Construction of basketball courts, parking lot, security lighting, landscaping, restrooms, and playground
equipment at City Park at a cost of $522,000.
9 Improvements to the Riverside Drive Recreation Facility in the amount of $496,000 to transition use from
multi-purpose recreation facility to a dedicated youth enrichment recreation facility.
9 Computer hardware replacement and additions in the amount of $17 1,000.
9 Purchase of a street sweeper at a cost of $140,000.
Additional information on the City's capital assets can be found in N arting on pa this report.
Long-Term Debt. The following table illustrates the City's governmental activity and business-type activity
outstanding debt. At the end of the current fiscal year, the City had total debt outstanding o illion. All of
the City's outstanding debt is secured by specified revenue sources.
Business-type
Activities
2004 2003
Governmental
Activities
- 2004 2003
General obligation $14,42 1,07 1 $15,179,1
Revenue 19,320,000
Bonds payable: c I$ -$ - ' $14,421,071 $15,179,1
- 6,410,000 - 25,730,000
Notes payable 364,40 1 333 8,375 364,401 3,538,375
Capital leases payable 1,173,370 1,386,119 66,008 98,677 1,239,378 1,484,796
Loan payable - 11,985,000 - 6,775,000 - 18,760,000
Total $35,278,842 $32,088,648 $6,476,008 $6,873,677 $41,754,850 $38,962,325
During the current fiscal year, the City incurred no additional general obligation debt; however, the City issued
approximately $22 million of revenue bonds for the purpose of refunding certain outstanding non-ad valorem
debt (notes and loans) and two bank notes. These new bonds also provided $5 million of new money that will
be used to address the most urgent stormwater and drainage improvements needed to the City's canals and
drainage systems.
Additional information on the City's long-term debt can be found in N arting on pag his report.
Economic Factors and Next Year's Budpets and Kates
The City's local economy is primarily based upon construction, retail and service activities. The unemployment
rate for the City is currently 3.1 percent. This compares favorably to the state average of 4.8 percent. Due to the
sale by the MacArthur Foundation of its vast holdings several years ago, construction continued at its record
pace during the fiscal year, with approximately $600 million in new construction permit valuation issued.
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All of these factors were considered in preparing the City of Palm Beach Gardens' budget for fiscal year 2005.
During the current fiscal year, undesignated
fund balance in the General Fund remained at
$7.5 million. It is approximately equal to two
months of General Fund expenditures. Over
the last several years, the City has been able to
increase its undesignated fund balance as
shown in the graph to the right. A portion of
undesignated fund balance be used to
preclude or moderate future tax and user fee
increases.
Fiscal Years 1998 through 2004
7
1998 1999 2000 2001 2002 2003 2004
Reauests for Information
Fiscal Years 1998 through 2004
(in millions)
1998 1999 2000 2001 2002 2003 2004
In 1995, the State of Florida limited all local
governments' ability to increase property taxable values
in any given year to 3 percent or cost of living,
whichever is lower. The graph above indicates that
property tax rates have remained steady over the last two
years, and was reduced slightly in the fiscal year 2004
budget. For many years, the City, just like many cities
across the country, has had to face the challenge of
keeping taxes and service charges as low as possible
while providing residents with the level of service they
have come to expect.
This financial report is designed to provide a general overview of the Cit]
all those with an interest in the City's finances.
3f Palm Beach Gardens' finances for
Questions concerning any of the information provided in this report or requests for additional financial
information should be addressed to Allan Owens, .Finance Administrator, Finance Department, City of Palm
Beach Gardens, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
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CITY OF PALM BEACH GARDENS, FLORIDA
STATEMENT OF NET ASSETS
SEPTEMBER 30,2004
Governmental Business-type
Activities Activities Total
Assets:
Cash and cash equivalents
Investments
Receivables:
Accounts, net of allowance for uncollectible
Intergovernmental
Interest
Internal balances
Inventories
Prepaid items
Net pension asset
Deposits
Deferred charges
Capital assets not being depreciated
Capital assets being depreciated, net
amounts of $2 1 1,652
Total assets
Liabilities:
Accounts payable
Accrued liabilities
Contracts and retainage payable
Accrued interest payable
Deferred revenue
Noncurrent liabilities:
Due within one year
Due in more than one year
Total liabilities
Net assets:
Invested in capital assets, net of related debt
Restricted for capital improvements
Unrestricted
Total net assets
$ 29,572,350 $ 448,657 $30,021,007
6,444,490 - 6,444,490
1,719,526
2,283,144
59,830
59,974
120,111
595,224
224,120
313,617
17,104,735
64,473,145
122,970,266
- 1,719,526
- 2,283,144
59,830
13,106 133,217
475 595,699
224,120
1,100 1,100
98,498 412,115
2,315,770 19,420,505
2,138,040 66,611,185
4,955,672 127,925,938
(59,974)
4,666,135 45,152 4,711,287
1,382,804 533 1,383,337
853,365 853,365
269,221 96,998 366,219
1,163,342 - 1,163,342
2,502,011 352,892 2,854,903
34,833,7 16 5,630,140 40,463,856
45,670,594 6,125,715 51,796,309
See notes to basic financial statements.
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47,266,504 (1,391,784) 45,874,720
14,3613 14 221,741 14,583,255
$ 77,299,672 $ (1,170,043) $76,129,629
1567 1,654 - 15,671,654
€4
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CITY OF PALM BEACH GARDENS, FLORIDA
BALANCE SHEET
GOVERNMENTAL FUNDS
SEPTEMBER 30,2004
Other Total
General Impact Impact Funds Funds
Recreation Road Governmental Governmental
Assets:
Cash and cash equivalents
Investments
Receivables:
Accounts, net of allowance for
Intergovernmental
Interest
Due from other funds
Prepaid items
uncollectible amounts of $21 1,652
Total assets
Liabilities and fund balances:
Liabilities:
Accounts payable
Accrued liabilities
Contracts and retainage payable
Deferred revenue
Due to other funds
Total liabilities
Fund balances:
Reserved for encumbrances
Reserved for prepaid items
Reserved for law enforcement
Reserved for capital improvements
Designated for:
Subsequent year's expenditures
General accident settlement
Special projects
General fund
Special revenue funds
Unreserved, undesignated, reported in:
Total hnd balances
Total liabilities and fund balances
$12,749,095 $6,729,183 $5,502,096 $ 4,299,423 $ 29,279,797
6,444,490 - 6,444,490
1,649,979 69,547 1,719,526
59,830 59,830
1 293 13 129,513
16,906 578,318 595,224
$23,332,957 $6,729,183 $5,502,096 $ 4,947,288 $ 403 1 1,524
2,283,144 - 2,283,144
$ 4,526,762 $ 17,795 $ - $ 71,938 $ 4,616,495
1,382,804 1,382,804
98,904 399,806 55,559 299,096 853,365
591,173 - 450,547 121,622 1,163,342
-- 69,539 69,539
-- 6,599,643 4 17,60 1 506,106 562,195 8,085,545
1,544,423 74,723 566,040 2,185,186
16,906 578,3 18 595,224
25,516 25,5 16
1,019,000 6,236,859 4,995,990 2,823,098 15,074,947
1,274,173 1,274,173
4 1,974 41,974
5,287,305 343,617 5,630,922
7,524,017 - 7,524,017
74,020 74,020
16,733,314 6,3 11,582 4,995,990 4,385,093 32,425,979
$23.332.957 $6.729.183 $5.502.096 $ 4.947.288 $ 40.5 1 1.524
See notes to basic financial statements.
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CITY OF PALM BEACH GARDENS, FLORIDA I
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RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET
TO THE STATEMENT OF NET ASSETS
SEPTEMBER 30,2004
Total governmental fund balances (page 18)
Amounts reported for governmental activities in the statement of net assets are
different because:
Capital assets used in governmental activities are not financial resources and
therefore are not reported in the governmental funds. (Excludes internal
service fund capital assets.)
Governmental funds report the effect of issuance costs, premiums, discounts,
and similar items when debt is first issued, whereas these amounts are deferred
and amortized in the statement of activities.
Deferred charges
Long-term liabilities are not due and payable in the current period and
therefore are not reported in the funds. Long-term liabilities at year-end
consist of:
Bonds payable
Note payable
Capital leases payable
Environmental remediation
Accrued interest payable
Compensated absences
The internal service fund is used by management to charge the cost of fleet
maintenance activities to individual funds. The assets and liabilities of the
internal service fund are included in governmental activities in the statement of
net assets.
Other long-term assets are not available to pay for current period expenditures,
and therefore, are not recognized in the funds.
Net pension asset
Total net assets of governmental activities (page 16)
See notes to basic financial statements.
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$32,425,979
79,49 465
313,617
$ (33,087,222)
(364,401)
(5 3 7,604)
(412,265)
(249,746)
(2,290,865)
(36,942,103)
1,781,594
224,120
$77,299,672
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CITY OF PALM REACH GARDENS, FLORIDA
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
YEAR ENDED SEPTEMBER 30,2004
Other Total
General Imuact Imuact Funds Funds
Recreation Road Governmental Governmental
Revenues:
Taxes
Licenses and permits
Intergovernmental
Impact fees
Local option gas tax
Charges for services
Grants
Fines and forfeitures
Interest
Miscellaneous
Total revenues
Expenditures:
Current:
General government
Public safety
Culture and recreation
Physical environment
Transportation
Capital outlay
Debt service:
Principal
Interest
Bond issuance costs
Total expenditures
Excess (deficiency) of revenues
over expenditures
Other financing sources (uses):
Transfers in
Transfers out
Refunding bonds issued
Bonds issued
Premium on bond issuance
Note issued
Payment to refunded bond escrow agent
Total other financing sources (uses)
Net change in fund balances
Fund balances, beginning
Fund balances, ending
$34,627,043
5,654,010
6,02 8,474
135 1,044
518,339
462,495
4,255,068
53,096,473 --
$
2,912,722
200,000
22,198
$
2,269,783
11,991
3,134,920 2,28 1,774
$
1,078,004
585,487
1,5 12,673
165,788
16,809
54,232
58,257
3,471,250
$ 34,627,043
5,654,010
6,028,474
6,260,509
585,487
3,063,7 17
365,788
535,148
550,9 16
4,313,325
6 1,984,4 17
12,9 10,353 - 12,910,353
25,096,461 470,049 25,566,510
4,115,773 1,47734 1 5,593,314
- 1,634,307 1,634,307
3,165,086 1,179,012 198,855 1,301,195 5,844,148
4,3 10,982 - 4,310,982
1,463,273 530,000 1,993,273
914,881 413,199 1,328,080
134,466 195,345 329,8 1 1
52,111,275 1,179,012 198,855 6,021,636 59,510,778
--
-- 985,198 1,955,908 2,082,919 (2,550,386) 2,473,639
116,408 904,769 1,021,177
(778,658) (13,190) (527,456) (72,000) (1,391,304)
3,620,000 - 11,895,000 15,515,000
4,995,000 - 4,995,000
102,599 321,877 424,476
3 64,40 1 364,401
4,471,510 (1 3,190) (527,456) 368,253 4,299,117
5,456,708 1,942,718 1,555,463 (2,182,133) 6,772,756
1 1,276,606 4,368,864 3,440,527 6,567,226 25,653,223
$16,733,314 $6,311,582 $4,995,990 $ 4,385,093 $ 32,425,979
(3,583,839) - (13,045,794) (16,629,633)
See notes to basic financial statements.
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CITY OF PALM BEACH GARDENS, FLORIDA
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN
FUND BALANCES OF THE GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES
YEAR ENDED SEPTEMBER 30,2004
Net change in fund balances - total governmental funds (page 20)
Amounts reported for governmental activities in the statement of activities are different
because:
Governmental funds report capital outlays as expenditures. However, in the statement of
activities, the cost of capital assets is allocated over their estimated useful lives and reported
as depreciation expense. This is the amount by which depreciation exceeded capital outlays
in the current period. The amount is less than the total capital outlay since capital outlay
includes amounts that are under the capitalization threshold, and therefore, were not
capitalized.
Expenditures for capital assets
Less current year depreciation
The net effect of various miscellaneous transactions involving capital assets (sales, trade-ins
and donations) is to increase net assets
Debt proceeds provide current financial resources to governmental funds, while the
repayment of the principal of long-term debt consumes the current financial resources of
governmental funds. Neither transaction, however, has any effect on net assets. Also,
governmental funds report the effect of issuance costs, premiums, discounts and similar
items when debt is first issued, whereas these amounts are deferred and amortized in the
statement of activities.
Refunding bonds issued
Bonds issued
Note issued
Bond issuance premium
Principal paid on bonds
Principal paid on capital leases
Payment to refunded bond escrow agent
Bond issuance costs
Amortization of issuance costs, premium and loss on refunding
Some expenses reported in the statement of activities do not require the use of current
financial resources and therefore are not reported as expenditures in governmental funds.
Accrued interest payable
Compensated absences
Environmental remediation
Net pension benefit
Internal service funds are used by management to charge the cost of fleet maintenance
activities to individual funds. The net revenue of the internal service fund is reported with
governmental activities.
Change in net assets of governmental activities (page 17)
See notes to basic financial statements.
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$6,772,756
$ 5,551,414
(3,984,29 1) 1,567,123
4,204
(1 53 15,000)
(4,995,000)
(364,401)
(424,476)
1,948,083
45,190
16,629,633
329,811
(44,127) (2,390,287)
277,104
(3 83,762)
204,6 16
65,763 163,721
65,566
$6,183,083
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CITY OF PALM BEACH GARDENS, FLORIDA
STATEMENT OF NET ASSETS
PROPRIETARY FUNDS
SEPTEMBER 30,2004
Business-type Governmental
Activities Activities
Internal
Enterprise Service
Fund Fund
Golf Fleet
Course Management
Assets:
Cash and cash equivalents
Inventory
Prepaid items
Deposits
Deferred charges
Capital assets not being depreciated
Capital assets being depreciated, net
Total assets
$ 448,657
13,106
475
1,100
98,498
2,3 15,770
2,138,040
5.01 5.646
$ 292,553
120,111
-
12,412
2,069,003
2.494.079
Liabilities:
Current liabilities:
Accounts payable
Accrued liabilities
Accrued interest payable
Due to other funds
Revenue bonds payable - current portion
Obligations under capital lease - current portion
Total current liabilities
Noncurrent liabilities:
Compensated absences payable
Revenue bonds payable
Obligations under capital lease
Total noncurrent liabilities
Total liabilities
Net assets:
Invested in capital assets, net of related debt (deficit)
Unrestricted
Total net assets (deficit)
See notes to basic financial statements.
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45,152 49,640
533
96,998 19,475
59,974
320,000
32,892 275,714
555,549 344,829
38,940 7,604
33,116 360,052
5,630,140 367,656
6,185,689 712,485
5,558,084
(1,39 1,784) 1,445,649
221,741 335,945
!$ 1,781,594
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CITY OF PALM BEACH GARDENS, FLORIDA
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS
PROPRIETARY FUNDS
YEAR ENDED SEPTEMBER 30,2004
Business-type Governmental
Activities Activities
Internal
Enterprise Service
Fund Fund
Golf Fleet
Course Manapement
Operating revenues:
Charges for service
Miscellaneous
Total operating revenues
Operating expenses:
Personnel expenses
Repair and maintenance
Fuel and chemicals
Operating supplies
Cost of goods sold
Other professional and contractual
Utilities
Equipment rental
Insurance
Promotional advertising
Other expenses
Depreciation
Amortization
Total operating expenses
Operating income (loss)
Non-operating revenues (expenses):
Interest income
Land rental
Loss on sale of capital assets
Interest expense
Total non-operating revenues (expenses)
Income (loss) before transfers
Transfers in
Transfers out
Change in net assets
Net assets (deficit), beginning
Net assets (deficit), ending
See notes to basic financial statements.
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$ 1,213,332 $ 1,804,538
33,204 3,615
1,808,153 1,246,536
102,561
92,330
69,414
62,024
58,802
43,000
6,820
44,197
192,2 10
733,243 4 1 1,999
49,742 296,018
3 16,698
16,116
5,327
3,815
18,053
9 1,049
1,484,992 1,659,075
(238,456) 149,078
30,649
15,904 3,28 1
25,616
(464) (6,634)
(191,684) (27,397)
(1 50,628) (30,750)
(389,084) 118,328
422,889
(52,762)
33,805 65,566
(1,203,848) 1,7 16,028
$70,043) $ 1,78 1,594
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Cash flows from operating activities:
Receipts from customers
Receipts for interfund services provided
Payments to suppliers for goods and services
Payments to employees for services
Other operating revenues
Net cash provided by operating activities
Cash flows from noncapital fmancing activities:
Due to other funds
Transfers from other funds
Transfers to other funds
Net cash provided by (used in) capital and related financing activities
Cash flows from capital and related financing activities:
Proceeds from refunding bonds
Payment to refunded bond escrow agent
Payment of bond issuance costs
Proceeds from capital lease financing
Principal paid on revenue bonds
Principal paid on capital lease obligations
Interest paid on revenue bonds
Interest paid on capital lease obligations
Purchases of capital assets
Business-type Governmental
Activities Activities
Internal
Enterprise Service
Fund - Fund
Golf Fleet
Course Management
CITY OF PALM BEACH GARDENS, FLORIDA
STATEMENT OF CASH FLOWS
PROPRIETARY FUNDS
YEAR ENDED SEPTEMBER 30,2004
~~ ~~
Net cash used in capital and related financing activities
Cash flows from investing activities:
Interest income
Sale of investments
Land rental receipts
Net cash provided by investing activities
Net decrease in cash and cash equivalents
Cash and cash equivalents, beginning of year
Cash and cash equivalents, end of year
Reconciliation of operating income (loss) to
net cash provided by operating activities:
Operating income (loss)
Adjustments to reconcile operating income (loss)
to net cash provided by operating activities:
Depreciation
Amortization
Changes in operating assets and liabilities:
Inventory
Prepaid items
Accounts payable
Accrued liabilities
Compensated absences
Total adjustments
Net cash provided by operating activities
See notes to basic financial statements.
-24-
$ 1,213,332 $ - 1,804,538
(513,511) (702,058)
(727,061) (425,078)
33,204 3,615
5,964 681,017
59,974
422,889
(52,762)
482,863 (52,762)
6,891,57 1
(7,400,024)
(102,861)
(300,000)
(233,549)
198,930
(32,669) (366,489)
(673) (27,232)
(9,676) (649,886)
(1,187,881) (844,677)
15,904 3,281
611,313
25,616
652,833 3,281
(46,22 1) (2 13,14 1)
494,878 505,694
$ 448,657 $ 292,553
$ (238,456) $ 149,078
591,049 192,210
30,649
(1,256) (45,840)
(475) 659
17,110 (850)
(13,287) (7,178)
19,469 (5,901)
244,420 531,939
$ 5,964 $ 681,017
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CITY OF PALM BEACH GARDENS, FLORIDA
STATEMENT OF FIDUCIARY NET ASSETS
FIDUCIARY FUNDS
SEPTEMBER 30,2004
Pension
Trust
Funds
Assets:
Cash
Investments, at fair values:
Common stocks
U.S. Government bonds and notes
Mortgage backed securities
Money market mutual funds
Corporate bonds
Pooled equity trust funds
Mutual funds
Total investments
Receivables:
Accounts
Interest
State of Florida
Employees
Total assets
Liabilities:
Accounts payable
Net assets held in trust for pension benefits
See notes to basic financial statements.
-25-
$ 365,900
6,713,564
3,142,504
3,372,722
569,205
2,830,7 17
8,930,663
2,647,262
28,206,637
50,011
85,125
74,272
99,655
28,881,600
41,843
$28,839,757
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CITY OF PALM BEACH GARDENS, FLORIDA
STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS
FIDUCIARY FUNDS
YEAR ENDED SEPTEMBER 30,2004
Additions:
Contributions:
Employer
State of Florida
Employee
Total contributions
Investment earnings :
Net appreciation in fair value of investments
Interest and dividends
Less investment expenses
Net investment earnings
Total additions
Deductions:
Pension benefits
Administrative expenses
Total deductions
Change in net assets
Net assets, beginning
Net assets, ending
Pension
Trust
Funds
$ 2,045,859
771,976
1,295,710
4,113,545
1,895,047
455,049
(146,430)
2,203,666
6,317,211
765,060
124,397
889,457
5,427,754
23,4 12,003
$28,839,757
See notes to basic financial statements.
-26-
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
SEPTEMBER 30,2004
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Palm Beach Gardens, Florida (the “City”) was incorporated in 1959, pursuant to
House Bill No. 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.
Financial Reporting Entity
The financial statements of the City have been prepared in conformity with accounting
principles generally accepted in the IJnited States (GAAP) as applied to governmental units.
The Governmental Accounting Standards Board (GASB) is the accepted standard setting body
for establishing governmental accounting and financial operating principles. The more
significant of the City’s accounting policies are described below.
The financial statements were prepared in accordance with GASB pronouncements for The
Financial Reporting Entity, which establishes standards for defining and reporting on the
financial reporting entity. The definition of the financial reporting entity is based upon the
concept that elected officials are accountable to their constituents for their actions. One of the
objectives of financial reporting is to provide users of financial statements with a basis for
assessing the accountability of the elected officials. The financial reporting entity consists of
the City, organizations for which the City is financially accountable, and other organizations
for which the nature and significance of their relationship with the City are such that exclusion
would cause the reporting entity’s financial statements to be misleading or incomplete. The
City is financially accountable for a component unit if it appoints a voting majority of the
organization’s governing board and it is able to impose its will on that organization or there is
a potential for the organization to provide specific financial benefits to, or impose specific
financial burdens on, the City. Based upon the application of these criteria, there were no
organizations that met the criteria for component units described above.
Government- Wide and Fund Financial Statements
The government-wide financial statements (i.e., the statement of net assets and the statement
of activities) report information on all of the non-fiduciary activities of the City.
Governmental activities, which are normally supported by taxes and intergovernmental
revenues, are reported separately from business-type activities, which rely to a significant
extent on fees and charges for support.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Government- Wide and Fund Financial Statements (Continued)
The statement of activities demonstrates the degree to which the direct expenses of a given
function or segment are offset by program revenues. Direct expenses are those that are clearly
identifiable with a specific function or segment. Program revenues include 1) charges to
customers or applicants who purchase, use, or directly benefit from goods, services, or
privileges provided by a given function or segment, and 2) grants and contributions that are
restricted to meeting the operational or capital requirements of a particular function or
segment. Taxes and other items not properly included among program revenues are reported
instead as general revenues.
Separate financial statements are provided for governmental funds, proprietary funds, and
fiduciary funds, even though the latter are excluded from the government-wide financial
statements. Major individual governmental hnds and the major individual enterprise fund are
reported as separate columns in the fund financial statements. All remaining nonmajor
governmental funds are aggregated and reported as other governmental funds.
Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government-wide financial statements are reported using the economic resources
measurement focus and the accrual basis of accounting, as are the proprietary fknd financial
statements. Revenues are recorded when earned and expenses are recorded when a liability is
incurred, regardless of the timing of related cash flows. Property taxes are recognized as
revenues in the year for which they are levied. Grants and similar items are recognized as
revenue as soon as all eligibility requirements imposed by the provider have been met.
Governmental fund financial statements are reported using the current financial resources
measurement focus and the modified accrual basis of accounting. Revenues are recognized as
soon as they are both measurable and available. Revenues are considered to be available
when they are collectible within the current period or soon enough thereafter to pay liabilities
of the current period. For this purpose, the City considers revenues to be available if they are
collected within 60 days of the end of the current fiscal period. Revenues resulting from
expenditure driven transactions such as certain grants are considered collectible at the time the
expenditure has been made. Expenditures generally are recorded when a liability is incurred,
as under accrual accounting. However, debt service expenditures, as well as expenditures
related to compensated absences, are recorded only when payment is due.
Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period
are all considered to be susceptible to accrual and so have been recognized as revenues of the
current fiscal period. All other revenue items are considered to be measurable and available
only when cash is received by the City.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
‘Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued)
The City reports the following major governmental funds:
General Fund - The general fund is the primary operating fund and is used to account for
all financial resources applicable to the general operations of the City except those required
to be accounted for in another fund.
Recreation Impact Fund - This capital projects fund accounts for the cost of acquiring,
constructing, and placing into service improvements using impact fees collected for the
purpose of improving recreational facilities within the City.
Road Impact Fund - This capital projects fund accounts for the cost of acquiring,
constructing, and placing into service improvements using impact fees collected for the
purpose of improving roads within the City.
The City reports the following major enterprise fund:
Golf Course Enternrise Fund - This fund accounts for all activities related to the golf course.
Additionally, the City reports the following fund types:
Internal Service Fund - This fund accounts for fleet management services provided to
other departments on a cost reimbursement basis.
Pension Trust Funds - The City’s three defined benefit pension plans are accounted for in
individual pension trust funds. The pension trust funds are the General Employees’
Pension, the Police Pension and the Fire Pension.
Private sector standards of accounting and financial reporting issued prior to December 1,
1989, are followed in both the government-wide and proprietary fund financial statements to
the extent that those standards do not conflict with or contradict guidance of GASB.
Governments also have the option of following subsequent private sector guidance for their
business-type activities and enterprise funds, subject to this same limitation. The City has
elected not to follow subsequent private sector guidance.
As a general rule, the effect of interfund activity has been eliminated from the govemment-
wide financial statements. Exceptions to this general rule are charges between the golf course
and various other functions of the City. Elimination of these charges would distort the direct
costs and program revenues reported for the various functions concerned.
Amounts reported as program revenues include 1) charges to customers or applicants for goods,
services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and
contributions, including special assessments. Internally dedicated resources are reported as
general revenues rather than as program revenues. Likewise, general revenues include all taxes.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued)
Proprietary funds distinguish operating revenues and expenses from non-operating items.
Operating revenues and expenses generally result from providing services and producing and
delivering goods in connection with a proprietary fund’s principal ongoing operations. The
principal operating revenues of the City’s golf course enterprise find and internal service fund
are charges to customers for sales and services. Operating expenses for the enterprise fund
and internal service fund include the cost of sales and services, administrative expenses and
depreciation on capital assets. All revenues and expenses not meeting this definition are
reported as non-operating revenues and expenses.
When both restricted and unrestricted resources are available for use, it is the City’s policy to
use restricted resources first, then unrestricted resources as they are needed.
Deposits and Investments
The City’s “cash and cash equivalents” are considered to be cash on hand, demand deposits,
certificates of deposit and deposits held with the State Board of Administration (SBA)
Investment Pool. For the purpose of the proprietary fund’s Statement of Cash Flows, “Pooled
cash and cash equivalents’’ include all demand and savings accounts, certificates of deposit
and short-term investments with original maturities of three months or less from the date of
acquisition.
All investments of the City, except the SBA Investment Pool, are reported at fair value, which
is based on quoted market price. The SBA Investment Pool is recorded at its value of the pool
shares (2A-7 Pool), which is fair value. Additional deposits and investment disclosures are
presented in Note 3.
Interfund Receivables and Payables
Activity between funds that is representative of lending/borrowing arrangements outstanding
at the end of the fiscal year are referred to as “due to/from other funds”. Any residual
balances outstanding between the governmental activities and business-type activities are
reported in the government-wide financial statements as internal balances.
Receivables
Receivables include amounts due from other governments and others for services provided by
the City. Receivables are recorded and revenues are recognized as earned or as specific
program expenditures/expenses are incurred. Allowance for uncollectible receivables are
based upon historical trends and the periodic aging of receivables.
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NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Inventory
Inventory is stated at cost on the first-in, first-out basis and accounted for using the
consumption method whereby inventories are charged against operations in the period when
used. Inventory in the enterprise fund consists of items held for resale: food, beverages, and
golf shop merchandise. Inventory in the internal service fund and governmental activities in
the statement of net assets consists of vehicle engine parts and fuel held for consumption.
Prepaid Items
Prepaid items consist of certain costs which have been paid prior to the end of the fiscal year,
but represent items which are applicable to future accounting periods. Reported amounts in
governmental funds are equally offset by a reservation of fund balance, in the hnd financial
statements, which indicates that these amounts do not constitute “available spendable
resources” even though they are a component of current assets.
Deferred Charges
Deferred charges in the government-wide financial statements and proprietary fund financial
statements represent the unamortized portion of the cost of issuance of bonds. These costs are
being amortized over the term of the respective bond issue.
Deferred Revenue
Deferred revenue arises when assets are recognized before revenue recognition criteria has
been satisfied. In the government-wide financial statements, deferred revenues consist of
unearned revenue or revenue from grants received before the eligibility requirements have
been met.
Deferred revenues in fund financial statements are those where asset recognition criteria has
been met, but for which revenue recognition criteria have not been met. Such amounts have
been deemed to be measurable but not “available” pursuant to accounting principles generally
accepted in the United States.
Capital Assets
Capital assets, which include property, plant, equipment, and infrastructure (e.g., streets,
sidewalks, drainage or similar items) are reported in the applicable governmental or business-
type activities column in the government-wide financial statements. Capital assets are defined
by the City as assets with an initial individual cost of $750 or more and an estimated life in
excess of one year. Such assets are recorded at historical cost or estimated historical cost if
purchased or constructed. Donated capital assets are recorded at estimated fair market value
on the date of donation.
-3 1-
CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE
CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Capital Assets (Continued)
Major outlays for capital assets and improvements are capitalized as projects are constructed.
The cost of normal maintenance and repairs that do not add to the value of the asset or
materially extend asset lives are not capitalized.
Interest incurred during the construction phase of capital assets of business-type activities is
included as part of the capitalized value of the assets constructed. No such costs were
capitalized in fiscal 2004.
Property, plant, equipment and infrastructure of the City are depreciated using the straight-line
method over the following estimated useful lives.
Asset Years
Buildings 25
Roadways 3-40
Drainage and structures 35-75
Machinery and equipment 3 -7
Improvements other than buildings 15
Land improvements 25
Compensated Absences
It is the City’s policy to permit employees to accumulate a limited amount of earned but
unused sick, vacation, and personal leave, which will be paid upon separation of service.
Compensated absences are accrued when incurred in the government-wide and proprietary
fund financial statements. A liability for these amounts is reported in the governmental funds
only if it has matured, for example, as a result of employee resignation or retirements.
Long- Term Obligations
In the government-wide financial statements, and proprietary fund types in the fimd financial
statements, long-term debt and other long-term obligations are reported as liabilities in the
applicable governmental activities, business-type activities, or proprietary fund type statement
of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and
amortized over the life of the bonds using the effective interest method. Bonds payable are
reported net of the applicable bond premium or discount. Bond issuance costs are reported as
deferred charges and amortized over the term of the related debt.
In the fund financial statements, governmental fund types recognize bond premiums and
discounts, as well as bond issuance costs, during the current period. The face amount of debt
issued is reported as other financing sources. Premiums received on debt issuances are
reported as other financing sources, while discounts on debt issuances are reported as other
financing uses. Issuance costs, whether or not withheld from the actual debt proceeds
received, are reported as debt service expenditures.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Net Assets
Equity in the government-wide statement of net assets is displayed in three categories: 1)
invested in capital assets, net of related debt, 2) restricted, 3) unrestricted. Net assets invested
in capital assets net of related debt consist of capital assets reduced by accumulated
depreciation and by any outstanding debt incurred to acquire, construct, or improve those
assets, excluding unexpended proceeds. Net assets are reported as restricted when there are
legal limitations imposed on their use by City legislation or external restrictions by other
governments, creditors, or grantors. IJnrestricted net assets consist of all net assets that do not
meet the definition of either of the other two components.
Fund Equity
In the fund financial statements, governmental funds report reservations of fund balance for
amounts that are not available for appropriation or are legally restricted by outside parties for
use for a specific purpose. Designations of unreserved fund balance in governmental funds
indicate the utilization of these resources in the ensuing year’s budget or tentative plans for
future use. The following is a description of the reserves and designations used by the City.
Reserved for encumbrances - Represents outstanding purchase orders and open contracts
at year end which will be re-appropriated in the subsequent year.
Reserved for prepaid items - Indicates that a portion of fund balance is segregated since
these items do not represent “available spendable resources”.
Reserved for law enforcement - Represents the portion of fund balances restricted to use in
law enforcement activities.
Reserved for capital improvements - Represents spendable resources restricted for
construction projects.
Designated for subsequent vear’s expenditures - Represents funds set aside for future
expenditures.
Designated for general accident settlement - Represents hnds set aside for training and
other programs to enhance the City’s hiring practices.
Designated for special proiects - Represents funds set aside for future projects.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Use of Estimates
The preparation of the financial statements in conformity with accounting principles generally
accepted in the United States requires management to make estimates and assumptions that
affect the reported amounts of assets and liabilities and the disclosure of contingent assets and
liabilities at the date of the financial statements. Estimates also affect the reported amounts of
revenues and expenditures/expenses during the reporting period. Actual results could differ
from estimates.
NOTE 2. STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY
Excess of Expenditures over Appropriations
The expenditures of the following funds exceeded their budgetary authorizations by the
amounts indicated.
Special revenue funds:
Police training $ 20.610
Fund Deficits
Police Grant Special Revenue Fund
The Police Grant Special Revenue Fund has a fund deficit of $6,378 as of September 30,
2004. The City plans to eliminate this deficit in the ensuing fiscal year.
Golf Course Enterprise Fund
The Golf Course Enterprise Fund has an accumulated deficit of $1,170,043 as of
September 30, 2004. The deficit is expected to be hnded from further charges for services
or a subsidy from the General Fund.
Prior Period Adjustment
The City, during the 2004 fiscal year, performed a reevaluation of the estimated historical
costs and classifications of governmental and business-type activities capital assets. As a
result, an increase in the governmental activities net assets reported as of October 1, 2003 of
$3,563,545 was required. The components of this adjustment are detailed in Note 5. For the
business-type activities, there was no change to the net assets reported as of October 1, 2003.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 3. DEPOSITS AND INVESTMENTS
Deposits
The City pools substantially all cash, cash equivalents and investments, except for accounts
that are maintained separately in accordance with legal restrictions.
In addition to insurance provided by the Federal Depository Insurance Corporation, deposits
are held in banking institutions approved by the State Treasurer of the State of Florida to hold
public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act,
the State Treasurer requires all Florida qualified public depositories to deposit with the
Treasurer or another banking institution eligible collateral. In the event of failure of a
qualified public depository, the remaining public depositories would be responsible for
covering any resulting losses. Accordingly, the City’s deposits at year end are insured or
collateralized with securities held by the entity or by its agent in the entity’s name.
Investments
The City is authorized to make direct investments of its surplus funds in the following:
.:.
.:.
.:.
.>
<.
<.
9
Negotiable direct obligations of the United States Government.
Obligations of the federal farm credit banks, the Federal Home Loan Mortgage
Corporation, the Federal Home Loan Bank, or obligations guaranteed by the Government
National Mortgage Association.
Obligations of the Federal National Mortgage Association.
Interest bearing time deposits or savings investments in banks organized under the laws
of the state or in national banks organized under the laws of the United States and doing
business and situated in Florida, in savings and loan associations which are under state
supervision, or in federal savings and loan associations located in Florida and organized
under federal law and federal supervision, provided that any such deposits are secured by
collateral as may be prescribed by law.
Securities of, and other interests in, any open-end or closed-end management type
investment company or investment trust registered under the Investment Company Act of
1940, as amended from time to time, provided the portfolio of such investment company
or investment trust is limited to United States Government obligations and to repurchase
agreements fully collateralized by such United States Government obligations and
provided such investment company or investment trust takes delivery of such collateral
either directly or through an authorized custodian.
The Local Government Surplus Funds Trust Fund.
The Florida Counties Investment Trust.
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 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.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 3. DEPOSITS AND INVESTMENTS (Continued)
Investments (Continued)
Investments of the pension trust funds can consist of the following:
.:.
Time or savings accounts of a national bank, a state bank insured by the Bank Insurance
Fund, or a savings and loan association insured by the Savings Association Insurance
Fund which is administered by the Federal Deposit Insurance Corporation or a state or
federal chartered Credit Union whose accounts are insured by the National Credit Union
Share Insurance Fund.
Obligations of the United States or obligations guaranteed as to principal and interest by
the United States.
Individual bonds, stocks, and commingled or mutual funds. No more than five percent of
each fund’s assets may be invested in securities from one company. No more than 65
percent of each fund’s assets may be invested in common stock, capital stock and
convertible securities. For the Police and Fire Pension, up to ten percent of the assets of
the funds may be invested in foreign securities. The General Employees’ Pension may
invest in foreign securities, without limitation.
Annuity and life insurance contracts with life insurance companies in amounts sufficient
to provide, in whole or in part, the benefits to which all of the members in the fund shall
be entitled.
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.
At year end, the City’s investments were classified as follows:
Category 1 Category 3 Fair Value
Type of investment:
U.S. Government and Government backed securities
Common stocks
Corporate bonds
Mortgage backed securities
Investments not subject to risk categorization:
Pooled equity trust fund
Mutual funds
Money market mutual funds
Total investments
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$ 9,586,994 $ - $ 9,586,994
- 6,713,564 6,713,564
2,830,717 - 2,830,717
3,372,722 - 3,372,722
$15,790,433 $6,713,564 22,503,997
8,930,663
2,647,262
569,205
$34,651,127
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 3. DEPOSITS AND INVESTMENTS (Continued)
Investments (Continued)
Investments in the State Treasurer’s Investment Pool, mutua funds, money market mutual
hnds are not required to be categorized, since the investments are not evidenced by securities
that exist in physical or book entry form.
The following is a reconciliation of deposits and investments to the Statement of Net Assets
and Statement of Fiduciary Net Assets:
Category:
Cash and cash equivalents
Investments
Total deposits and investments
Statement of net assets:
Governmental activities:
Cash and cash equivalents
Investments
Cash and cash equivalents
Business-type activities:
Statement of fiduciary net assets:
Cash and cash equivalents
Investments
Pension trust funds:
Total deposits and investments
$30,386,907
34,65 1,127
$65,038,034
$29,572,350
6,444,490
448,657
365,900
28,206,637
$65,038,034
Risks and Uncertainties
The City’s pension plans (the Plans) have investments in a combination of stocks, bonds,
government securities and other investment securities. Investment securities are exposed to
various risks such as interest rate, market and credit risk. Due to the level of risk associated
with certain investment securities and the level of uncertainty related to changes in the value
of investment securities, it is at least reasonably possible that changes in risks in the near term
would materially affect balances and the amounts reported in the Statement of Fiduciary Net
Assets and the Statement of Changes in Fiduciary Net Assets. The Plans, through their
investment advisors, monitor their investments and the risks associated therewith on a regular
basis, which the City believes minimizes these risks.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 4. PROPERTY 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,
2003, upon which the 2003/04 levy was based, was approximately $5.2 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 lst 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 district tax
requirements. The millage rate assessed by the City for the year ended September 30, 2004, was
6.040 ($6.040 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 lst following the year in
which they are assessed. Delinquent taxes on real property bear interest at 18% per year. On or
prior to June lst following the tax year, certificates are offered for sale for all delinquent taxes on
real property.
After sale, tax certificates bear interest at 18% per year or at any lower’rate bid by the buyer.
Application for a tax deed on any unredeemed tax certificates may be made by the certificate
holder after a period of two years. Unsold certificates are held by the County. 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, 2004, unpaid
delinquent taxes are not material and have not been recorded by the City.
NOTE 5. CAPITAL ASSETS
Capital assets activity for the year ended September 30, 2004, was as follows:
Balance
Balance Prior October 1, Balance
October 1, Period 2003, September 30,
2003 Adiustment; as restated Additions Deletions 2004
Governmental activities:
Capital assets not being depreciated
Land
Construction in progress
Total capital assets not being depreciated
Capital assets being depreciated:
Buildings
Roadways
Drainage and structures
Machinery and equipment
Improvements other than buildings
Total capital assets being depreciated
$12,732,930 $ 373,111 $13,106,041 $ 80,000 $ - $ 13,186,041
10,116,180 - 10,116,180 4,667,884 (10,865,370) 3,918,694
22,849,110 373,111 23,222,221 4,747,884 (10,865,370) 17,104,735
21,637,957 (17,610) 21,620,347 2,259,581 (73,683) 23,806,245
48,898,347 3,282,53 1 52,180,878 6,797,603 - 58,978,481
1 I ,I 18,054 - 11,118,054 1,303,383 - 12,421,437
17,877,987 (2,795,537) 15,082,450 1,680,084 (1,258,973) 15,503,561
- 2,440,036 2,440,036 422,264 (18,351) 2,843,949
99,532,345 2,909,420 102,441,765 12,462,915 (1,351,007) 113,553,673
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 5. CAPITAL ASSETS (Continued)
Balance
Balance Prior October I, Balance
October I, Period 2003, September 30,
2003 Adiustment. as restated Additions Deletions 2004
Less accumulated depreciation:
Buildings
Roadways
Drainage and structures
Machinery and equipment
Improvements other than buildings
Total accumulated depreciation
Total capital assets being depreciated, net
Governmental activities capital assets, net
Business-type activities:
Capital assets not being depreciated
Land
Construction in progress
Total capital assets not being depreciated
Capital assets being depreciated:
Land improvements
Buildings
Machinery and equipment
Less accumulated depreciation:
Total capital assets being depreciated
Land improvements
Buildings
Machinery and equipment
Total accumulated depreciation
Total capital assets being depreciated, net
Business-type activities capital assets, net
(5,060,952) 78,808 (4,982,144) (932,567) 38,335 (5,876,376)
(28,457,233) - (28,457,233) (1,322,315) - (29,779,548)
(2,s 19,522) - (2,519,522) (118,852) - (2,638,374)
(10,038,939) 765,669 (9,273,270) (2,020,690) 1,238,621 (10,055,339)
- (563,463) (563,463) ( 180,916) 13,488 (730,891)
(46,076,646) 281,014 (45,795,632) (4,575,340) 1,290,444 (49,080,528)
53,455,699 3,190,434 56,646,133 7,887,575 (60,563) 64,473,145
$76,304,809 $ 3,563,545 $79,868,354 $12,635,459 $ (10,925,933) $ 81,577,880
$ 1,788,948 $ 517,147 $ 2,306,095 $ -$ - $ 2,306,095
9,675 9,675
1,788,948 517,147 2,306,095 9,675 - 2,315,770
4,886,502 (5 15,798) 4,370,704 - 4,370,704
498,601 (312) 498,289 (6,436) 491,853
473,099 (1,037) 472,062 ( 15,296) 456,766
5,858,202 (517,147) 5,341,055 (21,732) 5,319,323
(2,470,3 13) (2,422) (2,472,735) (141,687) - (2,614,422)
(192,878) (2,972) (195,850) (22,200) - (218,050)
(347,lS 1) 5,394 (341,757) (28,323) 2 1,269 (348,811)
(3,O 10,342) - (3,010,342) (1 92,2 IO) 21,269 (3,181,283)
2,847,860 (5 17,147) 2,330,713 (1 92,2 10) (463) 2,138,040
$ 4,636,808 $ - $ 4,636,808 $ (182,535) $ (463) $ 4,453,810
*See Note 2
Depreciation expense was charged to functions as follows:
Governmental activities:
General government
Public safety
Culture and recreation
Physical environment
Transportation
Total depreciation expense - governmental activities
Business-type activities:
Golf course
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$ 588,843
1,262,688
519,113
876,539
1,328,157
$4.575.340
$ 192,210
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 6. LONG-TERM DEBT
Changes in Long- Term Liabilities
Long-term liability activity for the year ended September 30,2004, was as follows:
Balance Balance Due
October 1, September 30, Within
Additions Deletions 2004 One Year 2003
Governmental activities:
Loan payable
Notes payable
Capital leases payable
Compensated absences
Environmental remediation costs
General obligation bonds payable
Revenue bonds payable
Add premium on revenue bonds
Less deferred amount on revenue bonds
Total governmental activities
Business-type activities:
Loan payable
Capital leases payable
Compensated absences
Revenue bonds payable
Add premium on revenue bonds
Less deferred amount on revenue bonds
Total business-type activities
$11,985,000 $ - $11,985,000 $ -$
3,538,375 364,401 3,538,315 364,401 72,880
1,386,119 198,930 411,679 1,173,370 321,651
1,920,608 2,871,391 2,493,530 2,298,469 90,890
15,179,154 758,083 14,421,071 786,590
616,881 204,616 4 12,265
- 20,510,000 1,190,000 19,320,000 1,230,000
424,476 18,007 406,469
~- - (1,107,291) (46,973) (1,060,3 18)
$34,626,137 $23,261,907 $20,552,317 $ 37,335,727 $2,502,011
$ 6,775,000 $ - $ 6,775,000 $ -$
98,677 32,669 66,008 32,892
19,47 1 54,247 34,778 38,940
- 6,710,000 300,000 6,4 10,000 320,000
181,571 7,702 173,869
~- (737,052) 3 1,267 (705,785)
$ 6,893,148 $ 6,208,766 $ 7,181,416 $ 5,983,032 $ 352,892
Notes Payable
RBC Centura Note
On August 19, 2004, the City approved, through adoption of Resolution 163, 2004, the
issuance of a variable interest rate note of the City in the principal amount of $364,401 to
fund the acquisition of certain fire fighting apparatus. The City has pledged to budget and
appropriate this obligation payable from non-ad valorem revenue. The note bears interest
at 90% of the one month LIBOR rate, plus .50%. Interest is payable semiannually and
principal annually for five years. The principal, together with all accrued interest due, may
be repaid at any time without penalty. As of September 30,2004, the outstanding principal
balance due is $364,401.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 6. LONG-TERM DEBT (Continued)
Notes Payable (Continued)
Annual debt service requirements to maturity are as follows:
Principal Interest Total
Year Ending September 30:
2005
2006
2007
2008
2009
$ 72,880 $ 6,947 $ 79,827
72,880 5,557 78,437
72,880 4,168 77,048
72,880 2,779 75,659
72,88 1 1,389 74,270
$364,401 $20,840 $385,241
Capital Leases Payable
The City has entered into various lease agreements as lessee for financing the acquisition of
police vehicles, park maintenance equipment and golf course maintenance equipment. These
lease agreements qualify as capital leases for accounting purposes and, therefore, have been
recorded at the present value of their future minimum lease payments as of the inception date.
Assets acquired through capital leases are as follows:
Governmental Business-type
Activities Activities
Assets:
Machinery and equipment $ 1,736,941 $ 131,124
Less accumulated depreciation (496,055) (37,506)
Total $ 1,240,886 $ 93,618
The hture minimum lease obligations and the net present value of these minimum lease
payments as of September 30, 2004, were as follows:
Governmental Business-type
Activities Activities
Year Ending September 30:
2005 $ 373,788 $ 33,342
2006 373,788 33,342
2007 152,877
2008 52,044
2009 52,044
20 10-20 13 380,826
Total minimum lease payments 1,385,367 66,684
Less amount representing interest (21 1,997) (676)
Present value of minimum lease payments $ 1,173,370 $ 66,008 --
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NOTE 6. LONG-TERM DEBT (Continued)
Environmental Remediation Costs
In June 1997, the State of Florida Department of Environmental Protection informed the City
that an area of contaminated groundwater was located on property owned by the City that was
developed into soccer fields. The City has installed and commenced systems to remove the
contamination from the soil and groundwater. The total cost to clean up the contaminated area
was estimated by an environmental engineering consultant at $1.3 million. To date the City
has spent approximately $888,000 on the effort. Accordingly, a liability of $412,265 is
recorded as a governmental activities’ liability in the government-wide financial statements
for the remaining cost of environmental remediation. This cost is expected to be paid over the
next five years.
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 old 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.
Series 1996
The first series of bonds, in the amount of $4,400,000, are dated December 1, 1996.
Interest on the bonds is 4.95% and is payable semi-annually on June 1 and December 1,
commencing June 1, 1997. 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 ranges from 3.70% to 5.10% and is payable semi-annually on July 1 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.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 6. LONG-TERM DEBT (Continued)
Bonds Payable (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 2, 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.
Annual debt service payments to maturity for the general obligation bonds are as follows:
Year Ending September 30:
2005
2006
2007
2008
2009
2010-2014
201 5-2019
Total general obligation bonds
Revenue Bonds Payable
PrinciDal Interest
$ 786,590 $ 689,011
825,119 65 1,705
863,834 6 12,475
902,746 57 1,283
941,865 528,006
5,459,170 2,123,308
4,64 1,747 304,801
$14,421,071 $5,480,589 --
Total
$ 1,475,601
1,476,824
1,476,309
1,474,029
1,46937 1
7,582,478
4,946,548
$19,90 1,660
Public ImDrovement and Refunding Bonds - Series 2003
During January 2004, the City issued $27,220,000 Public Improvement and Refunding
Bonds, Series 2003. Interest at rates ranging from 2.00% to 5.00% is payable semi-
annually on May 1 and November 1. Principal is payable in annual installments of
$1,020,000 to $3,460,000, with the final payment due May 1, 2023. Of the total bonds,
$4,995,000 was issued to construct and install the City’s storm water management system.
The balance of the proceeds of $22,225,000 were used to advance refund the outstanding
principal of the 2001 Florida Intergovernmental Finance Commission loan in the amount
of $18,760,000 ($1 1,985,000 for governmental activities and $6,775,000 for business-type
activities), the Fidelity Federal Note in the amount of $538,375, and the Wachovia Note in
the amount of $3,000,000. The net proceeds of the debt were used to purchase U.S.
Government Securities. Those securities were deposited in an irrevocable trust with an
escrow agent to provide for all future debt service payments on the refunded debt. As a
result, the liability has been removed from the Statement of Net Assets. The reacquisition
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 6. LONG-TERM DEBT (Continued)
Revenue Bonds Payable (Continued)
Public Improvement and Refundinn Bonds - Series 2003 (Continued)
price exceeded the net carrying amount of the old debt by $1,844,343 ($1,107,291 for
governmental activities and $737:052 for the business-type activities) and the premium
received was $606,047 ($424,476 governmental activities and $181,571 for the business-type
activities). These amounts are being netted against the new debt and amortized over the
remaining life of the rehnded debt. At September 30, 2004, the outstanding balance of this
bond issue was $25,730,000. ($19,320,000 for governmental activities and $6,410,000 for
business-type activities.)
The previous debt bore interest rales ranging from 4.00% to 5.53%. The City’s refunding
resulted in a present value economic gain of $444,086 and reduced required debt service
payments on the refunding portion of the issue by $450,348.
Annual debt service payment to maturity for the revenue bonds are as follows:
Governmental Activities
Principal -_ Interest Total
Business-Type Activities
Principal Interest Total
Year Ending September 30:
2005
2006
2007
2008
2009
201 0-2014
201 5-201 9
2020-2023
$ 1,230,000
1,255,000
1,090,000
1,115,000
1,140,000
5,795,000
5,435,000
2,260,000
$19.320.000
$ 671,252
646,648
62 1,548
599,748
575,218
2,376,083
1,320,388
197,188
$7,008,069
$ 1,901,252
1,90 1,648
1,711,548
1,714,748
1,715,218
8,171,083
6,755,388
2,457,188
$26,328,069
$ 320,000
325,000
335,000
340,000
345,000
1,905,000
2,3 10,000
530,000
$6,410,000
$ 231,895
225,495
2 18,995
212,295
204,815
870,090
467,100
26,500
$2,457,185
$ 551,895
550,495
553,995
552,295
549,8 15
2,775,090
2,777,100
556,500
$8,867,185
NOTE 7. DUE PROWTO OTHER FUNDS
General fund
Golf course fund
Non-major governmental funds
Total
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Due from Dueto
Other Other
Funds Funds
$129,513 $
- 59,974
- 69,539
$129,513 $129,513
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 7. DUE FROWTO OTHER FUNDS (Continued)
The outstanding balances between funds result mainly from the time lag between the dates that
payments between funds are made.
NOTE 8. INTERFUND TRANSFERS
The following is a summary of transfers by fund type for the year ended September 30,2004.
Transfer In
Business-
type
Activities
General Nonmajor Golf
Transfer Out Fund Governmental Course Total
General fund $ - $ 355,769 $ 422,889 $ 778,658
Recreation impact capital projects fund 13,190 13,190
Road impact capital projects fund 527,456 527,456
Nonmajor governmental funds 63,646 8,354 72,000
Internal service fund 52,762 - 52,762
$116,408 $ 904,769 $ 422,889 $1,444,066
Transfers were made to move unrestricted general fund revenues to finance various programs that
the government must account for in other funds in accordance with budgetary authorizations.
Transfers to the golf course and other finds were made to subsidize operations.
NOTE 9. DEFINED BENEFIT PENSION PLANS
The City is the sponsor of three 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.
At the election of the Pension Boards, separate audited financial statements are produced for the
Police Pension and the Fire Pension. The General Employees Pension does not issue separate
statements. The stand-alone statements for the Police Pension and the Fire Pension can be
obtained from the respective pension boards.
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.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 9. 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 hnding 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, 2003, the date of the City’s latest actuarial valuations.
Accounting Policies and Plan Assets:
Authority
Basis of Accounting
Asset Valuation:
Reporting
Actuarial Valuation
Legal Reserves
Long-Term Receivable
InternaYParticipant Loans
Membership and Plan Provisions:
Members:
Active Participants
Retirees and Beneficiaries
Terminated Vested
Normal Retirement Benefits :
Retirement Age
Years of Service (minimum)
Accrual
Maximum
Years to Vest
General
Employees’
City ordinance
Accrual
Fair value
Fair value
None
None
None
7
11
3
65
None
2.50%
None
10
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Police
City ordinance/ City ordinance1
State statute State statute
Accrual Accrual
Fair value Fair value
5-year smoothed 4-year smoothed
market market
None None
None None
None None
95
16
4
52
10
3 .OO%
75.00%
10
92
3
1
52
10
2.75%
75.00%
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 9. DEFINED BENEFIT PENSION PLANS (Continued)
Contributions:
Actuarial Rate:
City
State
Participants
Actuarial Methods:
Valuation Date
Asset Valuation Method
Actuarial Cost Method
Amortization Method
Amortization Period
Significant Actuarial Assumptions:
Investment return
Projected salary increases
Inflation
Cost of living adjustments
General
Employees’
4.70%
N/A
6.00%
10/1/03
Market
Aggregate
cost(*)
NIA
NIA
8.00%
6.50%
3.00%
0.00%
Police
2 1.49% 1 1.50%
4.09%
8.60% 6.00%
(1)
10/1/03 101 1/03
5-year smoothed 4-year smooth
market market
Frozen Frozen
Entry age Entry age
Level percent Level percent
of pay, closed of pay, closed
13-27 years 29 years
8.50% 8.50%
6.00% 6.50%
3.50% 3 .OO%
NIA 1%-3%
(I) During fiscal year 1999 the plan was amended. Amounts received from the state are used to
provide additional benefits to plan participants and are no longer applied to the required
contribution.
(*) The aggregate actuarial cost method does not identify or separately amortize unfunded
actuarial liabilities.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 9. DEFINED BENEFIT PENSION PLANS (Continued)
Annual Pension Costs and Net Pension Obligation (Benejio
The City’s annual pension cost and net pension asset for the Police Pension for the current
year was as follows:
Annual required contribution (ARC)
Interest on net pension asset
Adjustment to annual required contribution
Annual pension cost (APC)
Contributions made
Increase in net pension benefit
Net pension asset, beginning of year
Net pension asset, end of year
$1,475,340
14,925
1,48 1,657
1,604,507
122,850
101,270
$ 224.120
(8,608)
The City’s 2004 annual required contribution and actual contributions for each plan are shown
below. The 2004 required contributions were determined as part of the October 1, 2003,
actuarial valuation for each plan.
Three Year Trend Information
Annual Percentage Net Pension
Pension of APC (Obligation)
Cost (APC) Contributed Asset
General Employees’ Pension:
2002
2003
2004
Police Pension:
2002
2003
2004
Fire Pension:
2002
2003
2004
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$ 17,046
18,154
67,027
1,011,715
1,432,064
1,481,657
5 94,5 62
731,241
739,3 10
100% $
100%
100%
100% 108,006
100% 101,270
108% 224,120
100%
100%
100%
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 9. DEFINED BENEFIT PENSION PLANS (Continued)
Annual Pension Costs and Net Pension Asset (Continued)
The General Employees Pension Trust Fund does not issue separate stand-alone financial
statements, therefore, included below is the Statement of Fiduciary Net Assets and the Statement
of Changes in Fiduciary Net Assets for the fiscal year ended September 30,2004.
General Employees Pension Trust Fund
Statement of Fiduciary Net Assets
September 30,2004
Assets:
Investments $2,693,509
Liabilities :
Accounts payable 3,103
Net assets held in trust for pension benefits $2,690,406
General Employees Pension Trust Fund
Statement of Changes in Fiduciary Net Assets
Year Ended September 30,2004
Additions:
Contributions:
Employer
Employees
Total contributions
$ 67,027
27,582
94.609
Investment earnings:
Net appreciation in fair value of investments 251,395
Interest and dividends 270
Less investment expenses (27,508)
Net investment earnings 224,157
Total additions 3 18,766
Deductions:
Pension benefits
Administrative expenses
Total deductions
148,532
13,283
161,815
156,95 1 Change in net assets
Net assets, beginning 2,533,455
Net assets, ending $2,690,406 -
-49-
CITY OF PALM BEACH GARDENS, FLORIDA
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NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 10. DEFINED CONTRIBUTION PLAN
The City of Palm Beach Gardens Money Purchase Plan (the “General Plan”) and the City of 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 and City Attorney are the only employees 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 City Manager,
the City contributes 3% of the base salary to the Executive Plan, as well as the 15%. The City’s
contributions for each employee (and interest allocated to the employees’ accounts) are fully
vested after one year of continuous service. 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 $6,616,132 for the
General Plan and $143,820 for the Executive Plan. The City made its required contributions of
$529,291 for the General Plan and $25,888 for the Executive Plan and employees made their
required contributions of $264,646 to the General Plan.
NOTE 1. CONTINGENT LIABILITIES
The City is a defendant in various claims and legal actions occurring in the course of operations.
While the ultimate outcome of the litigation cannot be determined at this time, management
believes that any amounts not covered by insurance, if any, resulting from these lawsuits would
not materially affect the financial position of the City.
The City is also a defendant in a lawsuit regarding a parcel of land in the City. The Federal court
granted summary judgment in August 2004 in favor of the City. Trial of the State Court action
was held in June and the claims were rejected by the trial judge. The plaintiff has filed an appeal
for both Federal and State cases. The City plans to vigorously defend these actions.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 12. COMMITMENTS
Commitments on major construction contracts consist of the following:
Contracts
Total Expended at and Balance
Project Authorization 2004 Payable Complete
Project September 30, Retainage to
Lake Catherine $ 582,159 $ 272,495 $272,495 $ 309,664
Stormwater Improvements and
Canal Restoration - Phase I1 1,3 10,960 387,000 38,700 923,960
Roadway resurfacinglsidewalk repairs 1,228,959 633,855 595,104
Burns Road Community Center Pool 1,099,497 127,3 11 127,3 11 972,186
Eden Software Solutions 632,800 303,867 9,075 328,933
$ 4,854,375 $ 1,724,528 $447,581 $3,129,847
NOTE 13. 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 $63,043 to Seacoast during the
fiscal year for water and sewer service.
NOTE 14. RISK MANAGEMENT
The City is exposed to various risks of loss related to torts, theft of, damage to and destruction of
assets; errors and omission; and natural disasters for which the City carries commercial insurance.
Specifically, the City purchases commercial insurance for property, liability, medical benefits,
and worker’s compensation. 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 the prior year. In addition, there have
been no settlements in excess of insurance coverage for the past three fiscal years.
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REQUIRED SUPPLEM.ENTARY INFORMATION
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Revenues:
Taxes
Licenses and permits
Intergovernmental
Charges for services
Fines and forfeitures
Interest
Miscellaneous
Total revenues
Expenditures:
General Government:
City Council
Administration:
Administrative services
Support services
Data processing
City Clerk
Legal
Total administration
Finance
General services
CITY OF PALM BEACH GARDENS, FLORIDA
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
YEAR ENDED SEPTEMBER 30.2004
Variance
with
Legally Final
Original Adopted Final Budget
Adopted Budget Revised Positive
Budget Amendments Budget Actual (Negative)
Growth management:
Administrative
Planning and zoning
Code enforcement
Building
Total growth management
Total general government
Human resources
Public safety:
Police
Fire and emergency
medical services
Total public safety
$34,011,781 $ 610,221 $34,622,002 $34,627,043 $ 5,041
3,784,000 1,846,335 5,630,335 5,654,010 23,675
4,062,982 1,834,553 5,897,535 6,028,474 130,939
1,087,350 42 1,237 1,508,587 135 1,044 42,457
3 16,000 2 1 1,000 527,000 518,339 (8,661)
40 1,000 156,000 557,000 462,495 (94,505)
329,100 3,891,094 4,220,194 4,255,068 34,874
43,992,213 8,970,440 52,962,653 53,096,473 133,820
--
202,139 (1 8,500) 183,639 182,890 749
594,617 8,375 550,226 549,2 1 1 1,015
233,670 (22,903) 210,767 201,435 9,332
684,976 3 1,785 7 16,76 1 720,266 (3,505)
289,92 1 7,258 297,179 295,389 1,790
~- 357,133 (55,500) 301,633 300,216 1,417
-- 2,160,317 (30,985) 2,076,566 2,066,517 10,049
791,175 (79,211) 711,964 7 1 1,940 24
1,920,250 3,120,824 5,041,074 5,054,687 (13,613)
575,017 1,512,170 2,087,187 2,079,373 7,814
635,747 34,489 670,236 669,102 1,134
391,136 (4,280) 386,856 386,68 1 175
877,038 98,677 975,715 975,249 466
2,478,938 1,641,056 4,119,994 4,110,405 9,589
755,290 38,516 793,806 783,914 9,892
8,308,109 4,671,700 12,927,043 12,910,353 16,690
13,226,239 (176,352) 13,049,887 13,026,670 23,217
1 1,973,975 123,740 12,097,715 12,069,791 27,924
25,200,214 (52,612) 25,147,602 25,096,461 5 1,14 1
See notes to basic financial statements.
-52-
(Continued)
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Culture and recreation:
Administrative services
Aquatics
Athletics
Programs division
Grounds and facilities
Seniors and wellness
Tennis
Special and cultural
Total culture and recreation
CITY OF PALM BEACH GARDENS, FLORIDA
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND (Continued)
YEAR ENDED SEPTEMBER 30,2004
Physical environment:
Administrative services
Facilities maintenance
Stormwater maintenance
Street maintenance
Total physical environment
Capital outlay
Debt service:
Principal
Interest
Bond issuance costs
Total debt service
Total expenditures
Excess (deficiency) of revenues
over expenditures
Other financing sources (uses):
Transfers in
Transfers out
Refunding bonds issued
Bonds issued
Premium on bond issuance
Payment to refunded bond escrow agent
Total other financing sources (uses)
Net change in hnd balances
Fund balance, beginning
Fund balance, ending
Variance
with
Legally Final
Original Adopted Final Budget
Adopted Budget Revised Positive
Budget Amendments Budget Actual {Negative)
$ 796,950
188,853
185,983
2 14,646
2,267,583
3 1,423
100,559
- 177,480
- 3,963,477
$ 80,000 $ 876,950
15,000 203,853
1,750 187,733
(1 7,000) 197,646
2,619 2,270,202
1,200 32,623
(17,165) 83,394
2,200 179,680
68,604 4,032,081
$ 871,190
203,753
187,686
196,294
2,357,935
30,494
88,767
179,654
4,115,773
$ 5,760
100
47
1,352
(87,733)
2,129
26
(5,373)
(83,692)
1,187,017 6 I 1,432 1,798,449 1,787,409 1 1,040
792,340 (1 13) 792,227 928,221 (135,994)
1,044,327 56,134 1,100,46 1 946,580 153,881
- 824,122 (1 59,964) 664,158 648,772 15,386
3,847,806 507,489 4,355,295 4,3 10,982 44,3 13
- 1,617,376 2,062,645 3,680,021 3,165,086 514,935
1,186,976 - 1,186,976 1,463,273 (276,297)
1,188,350 (224,000) 964,350 914,881 49,469
- 134,466 134,466 134,466
- 2,375,326 (89,534) 2,285,792 23 12,620 (226,828)
- 45,312,308 7,168,292 52,427,834 52,111,275 316,559
(1,320,095) 1,802,148 534,819 985,198 450,379
224,762 (86,809) 137,953 1 16,408 (21,545)
(554,189) (206,759) (760,948) (778,658) (17,710)
- 3,620,000 3,620,000 3,620,000
- 4,995,000 4,995,000 4,995,000
102,464 102,464 102,599 135
- (3,583,839) (3,583,839) (3,583,839)
(329,427) 4,840,057 4,510,630 4,471,510 (39,120)
(1,649,522) 6,642,205 5,045,449 5,456,708 4 11,259
- 8,497,532 2,773,487 11,271,019 11,276,606 5,587
$6,848,010 $ 9,415,692 $ 16,316,468 $16,733,314 $416,846
See notes to basic financial statements.
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF FUNDING PROGRESS
REQUIRED SUPPLEMENTAL INFORMATION
YEAR ENDED SEPTEMBER 30,2004
Unhnded
Actuarial Actuarial UAAL as a
Actuarial Accrued Accrued Percentage
Actuarial Value of Liability Liability Funded Covered of Covered
Valuation Assets (AAL)- (UAAL) Ratio Payroll
- Date fd sa (b-a) (a/b) f4
General Employees' Pension
101 1 A998
101 1 A999
10/1/2000
1 om200 1
10/1/2002
10/1/2003
Police Pension
1 O/ 1 / 1998
1 O/ 1 / 1 999
10/1/2000
10/1/200 1
10/1/2002
10/1/2003
Fire Pension
10/1/1998
10/1/1999
10/1/2000
10/1/200 1
10/1/2002
10/1/2003
$2,384,554 $3,08 1,800 $ 697,246 77.38% $ 607,444
2,647,O 10 3,355,507 708,497 78.89% 553,142
2,935,162 2,935,162 - 100.00% 475,883
2,689,3 17 2,689,3 17 - 100.00% 350,703
2,65 1,613 2,65 1,613 - 100.00% 391,059
2,607,935 2,607,935 - 100.00% 364,394
6,700,726 8,988,23 1 2,287,505 74.55% 4,476,807
8,162,736 11,019,072 2,856,336 74.08% 4,720,813
9,795,534 14,097,068 4,301,534 69.49% 5,156,136
11,417,844 16,106,731 4,688,887 70.89% 4,908,315
12,303,486 19,140,962 6,837,476 64.28% 5,572,514
14,231,515 22,196,413 7,964,898 64.12% 5,989,146
3,211,365 4,569,674 1,358,309 70.28% 2,902,427
3,942,554 5,313,384 1,370,830 74.20% 3,194,367
4,8 10,175 6,065,624 1,255,449 79.30% 3,840,686
5,415,408 6,675,372 1,259,964 81.13% 4,255,498
5,753,548 12,576,613 6,823,065 45.75% 4,839,562
7,183,143 17,441,15 1 10,258,008 41.19% 6,541,837
(I) Effective 10/1/00, the General Employees Pension plan changed its actuarial method from
(2)Effective 10/1/98, the Fire Pension plan changed its actuarial method from
Frozen Entry Age to Aggregate Cost.
Aggregate Cost to Frozen Entry Age.
See notes to basic financial statements.
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Payroll
(Jb-aYc)
114.78%
128.09%
0.00%
0.00%
0.00%
0.00%
51.10%
60.5 1 %
83.43%
95.53%
122.70%
132.99%
46.80%
42.91%
32.69%
29.61%
140.99%
156.8 1 %
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF EMPLOYER CONTRIBUTIONS
REQUIRED SUPPLEMENTAL INFORMATION
YEAR ENDED SEPTEMBER 30,2004
Fiscal Year Ended Seutember 30
General Employees' Pension
1999
2000
200 1
2002
2003
2004
Police Pension
1999
2000
200 1
2002
2003
2004
Fire Pension
1999
2000
200 1
2002
2003
2004
Annual
Required City Percentage
Contribution Contribution Contributed
$ 42,816 $ 42,816
47,567 47,567
18,186 18,186
17,046 17,046
18,154 18,154
67,027 67,027
760,142 760,959
853,790 853,790
935,273 945,391
1,005,662 1,041,654
1,425,328 1,481,957
1,475,340 1,604,507
200,759 200,759
227,154 227,154
423,628 423,628
594,562 594,562
73 1,24 1 73 1,24 1
739,3 10 739,3 10
See notes to required supplemental information.
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100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.1 1%
100.00%
101.08%
103.58%
103.97%
108.76%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
SEPTEMBER 30,2004
NOTE 1. BUDGETARY ACCOUNTING
State of Florida statutes require that all municipal governments establish budgetary systems and
approve annual operating budgets. The Council annually adopts an operating budget and
appropriates funds for the general fund, special revenue funds (except the extra duty police fund),
capital projects fimds, and the proprietary funds. The procedures for establishing budgetary data
are as follows:
.:. 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 1. 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 30th. Estimated fund balances are considered
in the budgetary process.
A 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.
The adopted budgets are prepared in accordance with generally accepted accounting principles.
The Council also adopts non-appropriated operating budgets for the proprietary funds
substantially on a basis consistent with generally accepted accounting principles, except that
depreciation is not budgeted and principal payments on long-term debt and capital outlay
purchases are presented as expenses. The reported budgetary data represents the final
appropriated budgets after amendments adopted by the Council.
Encumbrances
Encumbrance accounting, in 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 utilized by the City during the year. Because appropriations expire at year
end, even if encumbered, it is the City’s policy to reappropriate such amounts at the
beginning of the next fiscal year. Encumbrances outstanding at year end are reported as
reservations of fund balances.
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CITY OF PALM BEACH GARDENS, FLORIDA
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
(Continued)
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NOTE 2. PENSION PLANS
The information presented in the required supplementary schedules was determined as part of the
actuarial valuations at the dates indicated. Additional information as of the latest actuarial
valuation was as follows:
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Actuarial Valuation Date
Asset Valuation Method
Actuarial Methods:
Actuarial Cost Method
Amortization Method
General
Pension Pension Pension
Employees' Police Fire
1 01 1/03 10/1/03 10/1/03
Market Five year Four year
smoothed smoothed
market market
Aggregate Frozen Entry Age
Cost(*) Entry Age Normal (I)
N/A Level percent Level percent
of pay, closed of pay, closed
Amortization Period N/A 13-27 years 29 years
Actuarial Assumptions:
Investment rate of return
Projected salary increase
Inflation
Cost of living adjustments
8.0% 8.5% 8.5%
6.5% 6.0% 6.5%
3 .O% 3.5% 3 .O%
0.0% N/A 1 .O%-3 .O% (3)
("Effective 10/1/98, the Fire Pension changed its actuarial method of
(*)Effective 10/1/00, the General Employees Pension changed its actuarial method from
(3) 1 .O% for age 53,2% for age 54 and 3% over age 5 5.
Aggregate Cost to Entry Age Normal.
Frozen Entry Age to Aggregate Cost.
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COMBINING AND INDIVIDUAL FUND
FINANCIAL STATEMENTS AND SCHEDULES
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NONMAJOR GOVERNMENTAL FUNDS
Special Revenue Funds
Special revenue funds are used to account for specific revenues that are legally restricted to expenditures
for particular purposes. The nonmajor special revenue funds of the City are as follows:
Police Training Fund - This fund is established to account for fees collected from traffic citations to
be used for the training and education of the City’s police.
Recreation Programs Fund - This fund is used to account for revenues and costs related to special
programs such as special events and athletic programs.
Extra Duty Police - This fund is used to account for revenues to be used to fund extra police duty.
Local Option Gas Tax Fund - This fund is established to account for the receipt of local option gas
taxes. The use of these funds are restricted for transportation related capital improvements or
maintenance costs.
Police Grant Fund - This fund is established to comply with Federal guidelines governing the
accounting for Department of Justice Law Enforcement grants.
Capital Projects Funds
The Capital Projects Funds are established to account for financial resources to be used for the acquisition
and construction of major capital facilities, other than those financed by proprietary funds. The nonmajor
capital projects funds of the City are as follows:
Police Impact Capital Projects Fund - This fund is established to account for the receipt and
disbursement of developer paid impact fees restricted for the purpose of enhancing the level of law
enforcement services in the City.
Fire Impact Capital Projects Fund - This fund is established to account for the receipt and
disbursement of developer paid impact fees restricted for the purpose of enhancing the level of
fireheserve services in the City.
Art Impact Capital Projects Fund - This fund is established to account for the receipt and
disbursement of developer paid impact fees restricted for the purpose of providing art and cultural
activities.
PGA Flyover Capital Projects Fund - This fund is established to account for the activity related to
the construction of the PGA Flyover Improvement Project.
Burns Road Capital Projects Fund - This fund is established to account for the activity related to the
construction of the Bums Road Improvement Project.
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W' m r-, W N
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69 %I
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SCHEDULES OF REVENUES, EXPENDITURES AND
CHANGE IN FUND BALANCES - BUDGET AND ACTUAL
~
Special Revenue Funds - Nonmajor Funds
Police Training
Recreation Programs
Local Option Gas Tax
Police Grant
Capital Projects Funds - Major Funds
Recreation Impact
Road Impact
Capital Projects Funds - Nonmajor Funds
Police Impact
Fire Impact
Art Impact
PGA Flyover
Burns Road
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
POLICE TRAINING - SPECIAL REVENUE FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Fines and forfeitures
Interest
Total revenues
Expenditures:
Current - public safety
Net change in fund balance
Fund balance, beginning
Fund balance, ending
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$15,000 $15,000 $16,809 $ 1,809
500 5 00 358 (142)
15,500 15,500 17,167 1,667
22,105 22,105 42,715 (20,610)
(6,605) (6,605) (25,548) (18,943)
25,875 30,333 30,333
$19,270 $23,728 $ 4,785 $ (18,943)
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
RECREATION PROGRAMS - SPECIAL REVENUE FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Charges for services
Interest
Total revenues
Expenditures:
Current:
Capital outlay
Culture and recreation
Total expenditures
Excess (deficiency) of revenues
over expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
Net change in fund balance
Fund balance, beginning
Fund balance, ending
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$1,659,456 $1,226,716 $1,229,925 $ 3,209
3,000 3,000 1,609 (1,39 1)
1,662,456 1,229,716 1,231,534 1,818
1,501,650 1,329,131 1,301,323 27,808
39,899 34,199 5,700
1,501,650 1,369,030 1,335,522 33,508
160,806 (139,314) (103,988) 35,326
21 8,000 218,769 769
(172,000) (72,000) (72,000)
(1 72,000) 146,000 146,769 769
(11,194) 6,686 42,78 1 36,095
107,409 46,874 (26,906) (73,780)
$ 96,215 $ 53,560 $ 15,875 $ (37,685)
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
LOCAL OPTION GAS TAX - SPECIAL REVENUE FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual peqative)
Revenues:
Local option gas tax
Grants
Interest
Miscellaneous
Total revenues
Expenditures:
Current:
Capital outlay
Transportation
Total expenditures
Net change in fund balance
Fund balance, beginning
Fund balance, ending
-62-
$ 600,000 $585,480 $585,487 $ 7
26 1,000 -
- 11,000 8,816 (2,184)
- 59,530 58,257 (1,273)
861,000 656,010 652,560 (3,450)
150,000 166,992 336,469 (1 69,477)
1,350,000 734,589 560,242 174,347
1,500,000 901,581 896,711 4,870
(639,000) (245,571) (244,151) 1,420
714,884 903,589 845,910 (57,679)
$ 75,884 $658,018 $601,759 $ (56,259)
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
POLICE GRANT - SPECIAL REVENUE FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual megative)
Revenues:
Grants
Miscellaneous
Total revenues
Expenditures:
Capital outlay
$ - $20,841 $39,541 $ 18,700
30,000 30,000 - (30,000)
30,000 50,841 39,541 (1 1,300)
30,000 50,84 1 44,193 6,648
- Net change in fund balance - (4,652) (4,652)
Fund balance (deficit), beginning
Fund balance (deficit), ending
-63-
- (1,726) (1,726)
$ -$ - $ (6,378) $ (6,378)
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
RECREATION IMPACT - CAPITAL PROJECTS FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budpet Budget Actual (Negative)
Revenues:
Impact fees
Grants
Interest
Total revenues
Expenditures:
Capital outlay
Excess (deficiency) of revenues
over expenditures
Other financing uses:
Transfers out
$2,932,160 $2,932,160 $2,912,722 $ (19,438)
200,000 200,000
28,000 28,000 22,198 (5,802)
2,960,160 3,160,160 3,134,920 (25,240)
4,205,000 1,999,274 1,179,012 820,262
(1,244,840) 1,160,886 1,955,908 795,022
- (13,190) (13,190)
Net change in fund balance (1,244,840) 1,147,696 1,942,7 18 795,022
Fund balance, beginning 3,740,662 4,368,864 4,368,864
Fund balance, ending $5,5 16,560 $6,3 1 1,582 $ 795,022
-64-
CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
ROAD IMPACT - CAPITAL PROJECTS FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual (Negative)
Revenues :
Impact fees
Interest
Total revenues
Expenditures:
Capital outlay
$1,468,820 $2,268,820 $2,269,783 $ 963
9,800 9,800 11,991 2,191
1,478,620 2,278,620 2,28 1,774 3,154
- 198,855 -
Excess of revenues over expenditures 1,478,620 2,079,765 2,082,919 3,154
Other financing uses:
Transfers out (1 57,096) (527,456)
Net change in find balance 1,321,524 1,552,309 1,555,463 3,154
Fund balance, beginning 2,85 1,231 3,440,527 3,440,527
Fund balance, ending $4,172,755 $4,992,836 $4,995,990 $ 3,154
-65-
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
POLICE IMPACT - CAPITAL PROJECTS FUND
YEPLR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Impact fees
Interest
Total revenues
Expenditures:
Current:
Public safety
Capital outlay
Total expenditures
Net change in fund balance
Fund balance, beginning
Fund balance, ending
-66-
$252,560 $448,560 $449,191 $ 631
3,200 3,200 2,686 (514)
255,760 451,760 451,877 117
29,850 30,373 1 1,824 18,549
325,000 91,674 87,449 4,225
354,850 122,047 99,273 22,774
(99,090) 329,713 352,604 22,891
409,452 643,790 643,790
$310,362 $973,503 $996,394 $ 22,891
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
FIRE IMPACT - CAPITAL PROJECTS FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Impact fees
Interest
Total revenues
Expenditures:
Current:
Public safety
Capital outlay
Debt service:
Bond issuance costs
Total expenditures
Excess of revenues over expenditures
Other financing sources:
Note issued
Net change in fund balance
Fund balance, beginning
Fund balance, ending
-67-
$474,090 $357,439 $357,440 $ 1
4,200 4,200 4,226 26
478,290 36 1,639 36 1,666 27
56,700 69,520 1 1 1,218 (4 1,698)
216,000 187,059 128,763 58,296
- - 13,000 (13,000)
272,700 256,579 252,981 3,598
205,590 105,060 108,685 3,625
- 364,400 364,401 1
205,590 469,460 473,086 3,626
273,664 459,197 459,197
$479,254 $928,657 $932,283 $ 3,626
CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
ART IMPACT - CAPITAL PROJECTS FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Impact fees
Interest
Total revenues
Expenditures:
Current:
Capital outlay
Culture and recreation
Total expenditures
Net change in hnd balance
Fund balance, beginning
Fund balance, ending
$119,600 $ 61,966 $ 61,967 $ 1
8,000 8,000 5,915 (2,085)
127,600 69,966 67,882 (2,084)
176,218
- 233,402 2,528 230,874
- 409,620 178,746 230,874
127,600 (339,654) (1 10,864) 228,790
513.323
$640,923
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-68-
733,3 1 1
$393,657
733,311
$622,447 $ 228,790
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
PGA FLYOVER - CAPITAL PROJECTS FUND
YEAR ENDED SEPTEMBER 30,2004
Revenues:
Impact fees
Interest
Total revenues
Expenditures:
Current:
Capital outlay
Debt service:
Principal
Interest
Bond issuance costs
Total expenditures
Transportation
Deficiency of revenues over expenditures
Other financing sources (uses):
Transfers in
Refunding bonds issued
Premium on bond issuance
Payment to refunded bond escrow agent
Total other financing sources (uses)
Net change in fund balance
Fund balance, beginning
Fund balance, ending
-69-
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual fleyative)
$ 176,516 $ 209,316 $ 209,406 $ 90
2,000 2,000 6,886 4,886
178,516 211,316 216,292 4,976
15,000 1,297,838 217,162
1,500,000 - -
130,000 130,000 155,000 (25,000)
170,5 16 119,516 119,293 223
52,504 52,504
1,815,5 16 1,817,020 1,624,635 192,385
(1,637,000) (1,605,704) (1,408,343) 197,361
137,000 137,000 137,000
92,680 92,680
-
- 3,425,000 3,425,000 -
- (3,757,544) (3,757,544)
137,000 (102,864) (102,864)
(1,500,000) (1,708,568) (1,511,207) 197,361
1,867,240 2,154,607 2,154,607
$ 367,240 $ 446,039 _3 $ 643,400 -I_ $ 197,361
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
BURNS ROAD - CAPITAL PROJECTS FUND
YEAR ENDED SEPTEMBER 30,2004
Variance
with
Final
Budget
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Grants
Interest
Total revenues
Expenditures:
Capital outlay
Debt service:
Principal
Interest
Bond issuance costs
Total expenditures
$ - $ 126,246 $ 126,247 $ 1
8,500 23,500 23,736 236
8,500 149,746 149,983 237
- 435,539 443,821 (fL282)
315,000 315,000 375,000 (60,000)
419,475 363,475 293,906 69,569
129,84 1 129,841
734,475 1,243,855 1,242,568 1,287
Deficiency of revenues over expenditures (725,975) (1,094,109) (1,092,585) 1,524
Other financing sources (uses):
Transfers in 157,096 527,096 527,456 360
Rehnding bonds issued - 8,470,000 8,470,000
Premium on bond issuance - 229,197 229,197
Payment to refunded bond escrow agent - (9,288,250) (9,288,250)
Total other financing sources (uses) 157,096 (61,957) (61,597) 3 60
Net change in fund balance (568,879) (1,156,066) (1,154,182) 1,884
Fund balance, beginning 568,879 1,728,710 1,728,710
Fund balance, ending $ - $ 572,644 $ 574,528 P $ 1,884
-70-
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FIDUCIARY FUND TYPES
Pension Trust Funds
General Employees Pension Trust Fund
Police Pension Trust Fund
Fire Pension Trust Fund
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CITY OF PALM BEACH GARDENS, FLORIDA
COMBINING STATEMENT OF FIDUCIARY NET ASSETS
FIDUCIARY FUNDS
SEPTEMBER 30,2004
Assets:
Cash
Investments, at fair values:
Common stocks
US. Government bonds and notes
Mortgage backed securities
Money market mutual funds
Corporate bonds
Pooled equity trust funds
Mutual funds
Total investments
Receivables:
Accounts
Interest
State of Florida
Employees
Total assets
Liabilities:
Accounts payable
Net assets held in trust for pension benefits
Pension Trust Funds
General
Employees Police Fire Total
$ - $ 159,831 $ 206,069 $ 365,900
- 6,713,564 6,713,564
- 2,010,557 1,131,947 3,142,504
- 3,372,722 - 3,372,722
46,247 471,868 5 1,090 569,205
910,333 1,920,384 2,830,717
- 8,930,663 - 8,930,663
2,647,262 - 2,647,262
2,693,509 15,696,143 9,8 16,985 28,206,637
50,O 1 1 50,O 1 1
45,953 39,172 85,125
74,272 74,272
8 1,884 17,771 99,655
2,693,509 16,033,822 10,154,269 28,881,600
3,103 19,458 19,282 41,843
$2,690,406 $16,014,364 -- $10,134,987 $28,839,757
-71-
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CITY OF PALM BEACH GARDENS, FLORIDA
COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS
FIDUCIARY FUNDS
YEAR ENDED SEPTEMBER 30,2004
Pension Trust Funds
General
Emplovees Police &e Total
Additions :
Contributions:
Employer
State of Florida
Employees
Total contributions
Investment earnings:
Net appreciation in fair value of investments
Interest and dividends
Less investment expenses
Net investment earnings
Total additions
Deductions:
Pension benefits
Administrative expenses
Total deductions
Change in net assets
Net assets, beginning
Net assets, ending
$ 67,027 $ 1,239,522 $ 739,310 $ 2,045,859
364,985 406,991 771,976
27,582 649,166 6 18,962 1,295,7 10
94,609 2,253,673 1,765,263 4,113,545
25 1,395 982,732 660,920 1,895,047
270 223,102 23 1,677 455,049
(27,508) (51,085) (6 7,83 7) (146,430)
224,157 1,154,749 824,760 2,203,666
3 18,766 3,408,422 2,590,023 6,3 17,211
148,532 470,605 145,923 765,060
13,283 77,6 12 33,502 124,397
161,8 15 548,217 179,425 889,457
156,95 1 2,860,205 2,410,598 5,427,754
2,533,455 13,154,159 7,724,389 23,4 12,003
$2,690,406 P $16,014,364 $10,134,987 $28,839,757
-72-
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STATISTICAL SECTION
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF DIRECT AND OVERLAPPING BONDED DEBT
Governmental Unit
Palm Beach County
Palm Beach County School District
Net Overlapping Debt
Net Direct Debt
Total Net Overlapping and Direct Debt
SEPTEMBER 30,2004
Total
Outstanding
$292,745,000
126,690,000
Percentage
Applicable to
The City of
Palm Beach
Gardens( 11
5.10%
5.10%
Table VI11
Amount
Applicable to
The City of
Palm Beach
Gardens
$ 14,929,995
6,461,190
$ 21,391,185
14.42 1.07 1
$ 35312,256
("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
-80-
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CITY OF PALM BEACH GARDENS, FLORIDA
COMPUTATION OF LEGAL DEBT MARGIN
Table IX
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.. .'I
To date, neither the Florida Constitution nor the City's Charter provides for a legal debt limit.
-81-
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Fiscal
Year
1995
1996
1997
1998
1999
2000
200 1
2002
2003
2004
Population
31,011
3 1,909
33,229
33,824
34,577
35,236
35,463
36,498
39,423
4 1,834
CITY OF PALM BEACH GARDENS, FLORIDA
RATIO OF NET GENERAL OBLIGATION BONDED DEBT
LAST TEN FISCAL YEARS
Total
Assessed
Taxable
Value
$2,527,336,498
2,629,575,576
2,765,608,910
2,899,386,475
3,089,273,25 1
3,5 13,825,696
3,710,644,175
4,OO 1,792,222
4,502,156,3 18
5,247,962,867
-83-
Net
Bonded
p&t
$
9,300,000
1 3,3 95,000
16,645,000
17,260,000
1639 1,247
15,899,211
15,179,154
14,42 1,07 1
Ratio of Net
Bonded Debt
to Assessed
Value
0.00%
0.00%
0.34%
0.46%
0.54%
0.49%
0.45%
0.40%
0.34%
0.27%
Table XI
Net
Bonded
Debt per
Capita
$-
280
396
48 1
490
468
436
385
345
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Fiscal
Year
1995
1996
1997
1998
1999
2000
200 1
2002
2003
2004
Fiscal
Year
1995
1996
1997
1998
1999
2000
200 1
2002
2003
2004
CITY OF PALM BEACH GARDENS, FLORIDA Table XI1
SCHEDULE OF REVENUE BOND COVERAGE - ENTERPRISE FUNDS
DEBT RELATED STATISTICS
LAST TEN FISCAL YEARS
Gross
Revenue")
$1,394,166
1,537,421
1,584,044
1,606,694
1,538,645
1,4 1 1,557
1,365,031
1,147,129
1,254,384
1,288,056
Principal
$ 180,000
190,000
205,000
2 15,000
230,000
245,000
265,000
230,000
240,000
300,000
Expensed2)
$1,067,046
1,072,244
1,07 1,665
1,090,150
1,029,033
1,062,458
1,074,186
1,125,190
1,146,532
1,262,133
Interest
$ 564,303
552,783
540,433
526,903
5 12,604
497,195
480,535
3 17,024
191,684
343,399
Net
Revenue
Available
for
Debt
Service
$327,120
465,177
5 12,379
5 16,544
509,6 12
349,099
290,845
2 1,939
107,852
25,923
Total
$744,303
742,783
745,43 3
74 1,903
742,604
742,195
745,535
547,024
583,399
491,684
(') Gross revenue does not include the half-cent sales tax recorded in the general fund which is deemed
to be included in the calculation 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.
-84-
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Fiscal
Year
1995
1996
1997
1998
1999
2000
200 1
2002
2003
2004
CITY OF PALM BEACH GARDENS, FLORIDA
DEMOGRAPHIC STATISTICS
LAST TEN FISCAL YEARS
Palm
Beach
County
Per
Capita
Income")
$35,078
37,375
37,284
39,182
39,545
4 1,007
43,626
NIA
NIA
NIA
Palm
Beach
Gardens
Population(*)
31,011
3 1,909
33,229
33,824
34,517
35,236
35,463
36,498
39,423
41,834
"'U.S. Bureau of Economic Analysis
(2)Florida Bureau of Economic Research
(3)Bureau of Labor Statistics
(4)Palm Beach County School Board
-85-
Palm
Beach
Gardens
Unemployment
Rate(3)
4.2%
3.9%
3.7%
3 2%
2.9%
2.6%
3.3%
3.3%
3 2%
3.1%
Table XIII
School
Enr~llrnent'~)
6,699
6,949
7,091
7,129
7,2 13
7,275
9,226
9,544
9,O 10
8,985
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Fiscal
Year
1995
1996
1997
1998
1999
2000
200 1
2002
2003
2004
CITY OF PALM BEACH GARDENS, FLORIDA
PROPERTY VALUE, CONSTRUCTION, AND BANK DEPOSITS
LAST TEN FISCAL YEARS
Table XIV
Number
of Construction Property Value (') Bank
Permits Value Commercial Residential Industrial Deposits(2)
3,056 $ 186,955,514
3,010 152,518,594
2,592 135,161,808
2,724 107,395,727
2,556 116,617,786
2,721 135,676,825
3,262 170,899,683
4,121 348,762,152
5,093 443,619,004
6,440 600,545,168
NIA
NIA
NIA
NIA
NIA
NIA
$25,026,455
36,863,8 13
72,66 1,480
83,896,160
NIA
NIA
NIA
NIA
NIA
NIA
$ 100,652,385
259,94 1,853
239,454,252
407,770,169
N/A
NIA
NIA
NIA
NIA
NIA
$45,220,843
5 1,956,486
77,503,272
108,878,839
("Beginning in fiscal year 2001, property values were identified by commercial, residential,
or miscellaneous permit activity which agrees with total construction value.
(2)Expressed in millions.
Source:
City of Palm Beach Gardens
Florida Bankers Association
Business Development Board of Palm Beach County
Palm Beach County Property Appraiser
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$ 9,055
9,545
9,911
10,716
13,283
13,183
12,927
14,046
15,717
18,173
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CITY OF PALM BEACH GARDENS, FLORIDA Table XV
PRINCIPAL TAXPAYERS
JANUARY 1,2003
Taxpayer
Lawrence Landry
Binks Estates LTD Partnership
Communities Finance Co.
Taylor Woodrow Communities
Devonshire Associates Ltd.
Griphon Marlins Investors Ltd.
Professional Golfers Association
Three 801 PGA Investments Ltd.
Kenco Communities at Mirasol Inc.
Taylor Woodrow Communities
TC Harrisburg Co.
Palm Beach Florida Hotel
Evans Withycombe Finance Partnership
Health Care Property Investors, Inc.
Grande at Mirasol, Inc.
Gardens East Plaza LTD
Oakbrook Square Shopping
Danlen Inc.
Ballenisles Country Club Inc.
John C Bills Enterprises LTD
Grande at Palm Beach Gardens Inc.
Leperco Corp Income Fund
Senior Lifestyle
HMH Properties, Inc.
Downtown at the Gardens LLC
Professional Golfers Association
Total
Source:
Palm Beach County Property Appraiser
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2003
Taxable
Valuation
$ 133,000,000
77,548,130
5 1,592,757
48,757,307
45,350,668
34,603,983
32,004,920
30,113,117
29,066,586
28,035,872
27,700,000
25,37 1,293
24,702,787
22,258,382
20,282,459
19,576,401
18,193,975
17,500,000
17,26 1,733
16,076,102
16,010,831
15,800,000
15,44 1,829
14,700,000
1 3,4 5 9,5 26
10,538,561
$ 804,947,2 19
Percentage
of Total
Taxable
Valuation
2.53%
1.48%
0.98%
0.93%
0.86%
0.66%
0.61%
0.57%
0.55%
0.53%
0.53%
0.48%
0.47%
0.42%
0.39%
0.37%
0.35%
0.33%
0.33%
0.31%
0.3 1%
0.30%
0.29%
0.28%
0.26%
0.20%
15.32%
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CITY OF PALM BEACH GARDENS, FLORIDA
MISCELLANEOUS STATISTICS
SEPTEMBER 30,2004
Year of Incorporation
Form of Government
Geographic Location
Area:
Square Miles
Miles of Streets
Population:
1970
1980
1990
2000
Fire Protection:
FirefighterdMedics
Volunteer Firefighters
Stations
I.S.O. Rating
Undergoing Accreditation i..rough the Commission on Fire Accreditation International
Police Protection:
Sworn Officers
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
Skatepark
Elections:
Registered Voters
Votes Cast in Last Municipal Election
Voting Percentage
Municipal Full Time Employees:
Administration
Finance
Fire
Growth Management
Human Resources
Legal
Community Services
Police
Table XVI
1959
Council - Manager
7 miles north of West Palm Beach
56
67.16
6,102
14,407
22,965
35,236
103
24
5
3
107
33
6,440
600,545,168
8
168
1
10
2
17
16
8
1
26,343
6,574
24.96%
15
9
117
42
7
2
128
- 135
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COMPLIANCE SECTION
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Report of Independent Certified Public Accountants on Internal Control over
Financial Reporting and on Compliance and Other Matters Based on an Audit of
Financial Statements Performed in Accordance with Government Auditina Standards
The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
We have audited the financial statements of the governmental activities, the business-type activities, each
major fund, and the aggregate remaining fund information of the City of Palm Beach Gardens, Florida
(the City) as of and for the fiscal year ended September 30, 2004 which collectively comprise of the
City’s basic financial statements, and have issued our report thereon dated February 5, 2005. We did not
audit the financial statements of the Pension Trust Funds for Police Officers and for Firefighters, which
represent 72% and 52%, respectively, of the assets and revenues of the aggregate remaining fund
information. Those financial statements were audited by other independent auditors whose reports
thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the
Pension Trust Funds for Police Officers and for Firefighters, is based upon the reports of the other
auditors. Our report does not address their respective internal control or compliance. We conducted our
audit in accordance with auditing standards generally accepted in the United States, and the standards
applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller
General of the United States.
Internal Control over Financial Reporting
In planning and performing our audit, we considered the City of Palm Beach Garden’s internal control
over financial reporting in order to determine our auditing procedures for the purpose of expressing our
opinions on the financial statements and not to provide an opinion on the internal control over financial
reporting. Our consideration of the internal control over financial reporting would not necessarily
disclose all matters in the internal control over financial reporting that might be material weaknesses. A
material weakness is a reportable 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 caused by error or
fraud in amounts that would be material in relation to the financial statements being audited may occur
and not be detected within a timely period by employees in the normal course of performing their
assigned functions. We noted no matters involving the internal control over financial reporting and its
operation that we consider to be material weaknesses. However, we noted one matter that we have
reported to management in the schedule of findings and questioned costs accompanying this report.
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The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
Page Two
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free of
material misstatement, we performed tests of its compliance with certain provisions of laws, regulations,
contracts and grant agreements, 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 or other matters that are required to be
reported under Government Auditing Standards.
This report is intended for the information and use of the Mayor, City Council and management and is not
intended to be and should not be used by anyone other than these specified parties.
West Palm Beach, Florida
February 5,2005
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Management Letter in Accordance with the Rules of the Auditor General of the State of Florida
The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
We have audited the financial statements of the governmental activities, the business-type activities, each
major fund, and the aggregate remaining fund information of the City of Palm Beach Gardens, Florida (the
City) as of and for the fiscal year ended September 30,2004 which collectively comprise of the City’s basic
financial statements, and have issued our report thereon dated February 5, 2005. We did not audit the
financial statements of the Pension Trust Funds for Police Officers and for Firefighters, which represent
72% and 52%, respectively, of the assets and revenues of the aggregate remaining fund information. Those
financial statements were audited by other independent auditors whose reports thereon have been furnished
to us, and our opinion, insofar as it relates to the amounts included for the Pension Trust Funds for Police
Officers and for Firefighters, is based upon the reports of the other auditors.
We conducted our audit in accordance with auditing standards generally accepted in the United States; the
standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations. We have issued our Report of Independent Certified Public
Accountants on Internal Control over Financial Reporting and on Compliance and Other Matters Based
on an Audit of Financial Statements, Report of Independent Certified Public Accountants on Compliance
with Requirements Applicable to Each Major Program and on Internal Control over Compliance, and the
Schedule of Findings and Questioned Costs. Disclosures in those reports and schedule, which are dated
February 5,2005, should be considered in conjunction with this management letter.
In connection with our audit of the basic financial statements of the City of Palm Beach Gardens for the
fiscal year ended September 30, 2004, we report the following in accordance with Chapter 10.550, Rules
of the Auditor General, Local Government Entity Audits which requires that this report specifically
address, but not be limited to, the matters outlined in Rule 10.554(1)(h):
1. There were no significant findings or recommendations made in the preceding financial audit
report.
2. The City was in compliance with Section 218.415, Florida Statutes, regarding the investment of
public funds.
3. One recommendation to improve the City’s present financial management and accounting
procedures are accompanying this report in the schedule of findings.
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The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
Page Two
4. During the course of our audit, other than matters that are clearly inconsequential considering
both quantitative and qualitative factors, nothing came to our attention that caused us to believe
that the City:
a. Was in violation of any laws, rules or regulations and contractual provisions or abuse that
have occurred, or were likely to have occurred, or were discovered within the scope of the
audit.
b. Made any illegal or improper expenditures that were discovered within the scope of the audit
that may materially affect the financial statements.
c. Had deficiencies in internal control that are reportable conditions including but not limited to:
(1) Improper or inadequate accounting procedures
(2) Failures to properly record financial transactions
(3) Other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that
came to the attention of the auditor.
5. The City was created by Chapter 165 of Florida Statutes.
6. a. The City, during fiscal year 2004, was not in a state of financial emergency as defined by
Florida Statutes 2 18.503( 1).
b. The annual financial report for the fiscal year ended September 30, 2004 has been filed with
the Department of Financial Services pursuant to Section 2 18.32( l)(a), Florida Statutes and is
in agreement with the audited financial statements for the fiscal year ended September 30,
2004.
c. During the course of our audit, we applied financial condition assessment procedures
pursuant to Rule 10.566(8). It is management’s responsibility to monitor the City’s financial
condition, and our financial condition assessment, which was performed as of the City’s
fiscal year end, was based on representations made by management and the review of
financial information provided by the City. There were no findings regarding deteriorating
financial condition.
This report is intended solely for the information and use of the Mayor, City Council, management and
the Auditor General of the State of Florida and is not intended to be and should not be used by anyone
other than these specified parties.
West Palm Beach, Florida
February 5,2005
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Report of Independent Certified Public Accountants on Compliance with
Requirements Applicable to Each Major Program and on Internal
Control over Compliance in Accordance with OMB Circular A-133
The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
Compliance
We have audited the compliance of the City of Palm Beach Gardens, Florida (the City) with the types of
compliance requirements described in the US. 0Sf;ce of Management and Budget (OMB) Circular A-133
Compliance Supplement that are applicable to each of its major federal awards programs for the fiscal
year ended September 30,2004. The City’s major federal awards program is identified in the summary of
auditor’s results section of the accompanying schedule of findings and questioned costs. Compliance
with the requirements of laws, regulations, contracts and grant agreements applicable to each of its major
federal programs is the responsibility of the City’s management. Our responsibility is to express an
opinion on the City’s compliance based on our audit.
We conducted our audit of compliance in accordance with auditing standards generally accepted in the
United States; the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations. Those standards and OMB Circular A-1 33 require that we
plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of
compliance requirements referred to above that could have direct and material effect on the major federal
program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance
with those requirements and performing such other procedures as we considered necessary in the
circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not
provide a legal determination on the City’s compliance with those requirements.
In our opinion, the City complied, in all material aspects, with the requirements referred to above that are
applicable to its major federal program for the fiscal year ended September 30, 2004.
Internal Control over Compliance
The management of the City is responsible for establishing and maintaining effective internal control over
compliance with requirements of laws, regulations, contracts and grant agreements applicable to federal
programs and state financial assistance projects. In planning and performing our audit, we considered the
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The Honorable Mayor and City Council
City of Palm Beach Gardens, Florida
Page Two
City’s internal control over compliance with requirements that could have a direct and material effect on
its major federal program in order to determine our auditing procedures for the purpose of expressing our
opinion on compliance and to test and report on internal control over compliance in accordance with
OMB Circular A- 13 3.
Our consideration of the internal control over compliance would not necessarily disclose all matters in the
internal control that might be material weaknesses. A material weakness is a reportable 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 noncompliance with applicable requirements of laws, regulations,
contracts, and grant agreements caused by error or fraud that would be material in relation to a major
federal program being audited may occur and not be detected within a timely period by employees in the
normal course of performing their assigned functions. We noted no matters involving the internal control
over compliance and its operation that we consider to be material weaknesses.
This report is intended solely for the information and use of the Mayor, City Council, management, and
federal awarding agencies and pass-through entities, and is not intended to be and should not be used by
anyone other than these specified parties.
West Palm Beach, Florida
February 5,2005
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
YEAR ENDED SEPTEMBER 30,2004
Federal Grantor/
Program Tide
FEDERAL AWARDS:
U.S. Department of Homeland Security
Federal Emergency Management Agency
Pass through Florida Department of Community Affairs:
Public Assistance
CDFA Contractl
No. Project No.
6 09 54a 00
Stormwater System Improvements 83.548 03UN-6Q-10-60-15-191
Equipment Wellness Program 85.554 da
Total U.S. Department of Homeland Security
U.S. Department of Transportation:
Pass-through Florida Department of Transportation
Highway Safety Funds 20.600 ANI19; ANJ54
U.S. Department of Justice:
Bureau of Justice Assistance:
Universal Hiring Program 16.710 2003UMWX0224
Local Law Enforcement Block Grant Program 16.592 2002-LB-BX-0 147
2003 -LB-BX-0279
Total U.S. Department of Justice
Total expenditures of federal awards
See note to schedule of expenditures of federal awards.
-95-
Expenditures
Incurred
$ 1,762,120
104,579
53,559
1,920,258
48,683
162,887
45,757
208,644
$ 2,177,585
CITY OF PALM BEACH GARDENS, FLORIDA
NOTE TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
YEAR ENDED SEPTEMBER 30,2004
NOTE 1. BASIS OF ACCOUNTING
The accompanying Schedule of Expenditures of Federal Awards includes expenditures related to
all federal grants to the City of Palm Beach Gardens, Florida for the fiscal year ended
September 30, 2004. This schedule has been prepared on the accrual basis of accounting.
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
YEAR ENDED SEPTEMBER 30,2004
SECTION I - SUMMARY OF AUDITOR’S RESULTS
Financial Statements
Type of auditor’s report issued: Unquali3ed Opinion
Material weakness(es) identified? - yes - X no
Reportable condition(s) identified not considered to be
Internal control over financial reporting:
X none reported - yes - material weakness?
X no Non-compliance material to financial statements noted? - yes -
Federal Awards Program and State Financial Assistance Projects
Internal control over major programs:
Material weakness(es) identified? - yes no
Reportable condition(s) identified not considered to be
X none reported - yes - material weakness?
Type of auditor’s report issued on compliance for its major federal
awards program and state financial assistance projects:
Unqualz3ed Opinion
Any audit findings disclosed that are required to be reported
in accordance with Circular A-133, Section .510(a)? - Yes
Identification of major programs:
Federal Program Federal CFDA No.
Department of Homeland Security
FEMA Public Assistance Grant 97.036
Dollar threshold used to distinguish between Type A and
Type B programs: $300.000
Auditee qualified as low risk auditee for audit of its federal awards
program?
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X yes -
X no -
no
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CITY OF PALM BEACH GARDENS, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
(Continued)
YEAR ENDED SEPTEMBER 30,2003
SECTION I1 - FINANCIAL STATEMENT FINDINGS
Other Matter
Financial Recordkeeping
Criteria
Financial information is valuable to decision makers only if it is available in time for decision making.
Journal entries should be recorded and records should be finalized near the close of the fiscal period so
that the information they contain can still affect decisions.
Condition
During the course of the audit, we noted that the City was making adjustments to the financial statements
months after the end of the year.
Perspective
Timely recordkeeping will help financial records become more valuable to decision makers.
Effect
It is possible that decision could be made relying on information that is not relevant.
Recommendation
The City should record journal entries and approve budget amendments closer to the fiscal period’s year
end.
ManaPement Response
SECTION 111 - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS
None.
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CITY OF PALM BEACH GARDENS, FLORIDA
SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS
YEAR ENDED SEPTEMBER 30,2004
PRIOR YEAR COMMENTS AND STATUS
There were no significant findings reported in the prior year.
Federal Awards Findings and Questioned Costs
None.
-99-
VI. CITY MANAGER REPORT
a. Department Presentation – Community Services – Capitol Improvement
Projects
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 26,2005
Meeting Date: May 5,2005
SubjectlAgenda Item: City Manager Performance Evaluation
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
I Finance Director
Submitted by:
Department Director
I CitiMander
Originating Dept.:
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
[ ] Notified
1 x 1 Not required
Costs: !§
(Total)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ]None
BACKGROUND: See attached memorandum.
CITY OF PALM BEACH GARDENS
MEMORANDUM
Ron Ferris, City Manager rn TO: Mayor and Council DATE: April 26,2005
FROM:
A
1 SUBJECT: City Manager Performance Review
My existing contract provides that the City Council will review and evaluate my performance
on an annual basis each February. As part of that evaluation, the City Council is to define
the goals and performance objectives which it determines necessary for the proper
operation of the City. Based upon Vice Mayor Jablin's comments, I am requesting that you
address my performance review at the May meeting.
Attached for your information are the following documents:
1. Existing Employment Agreement.
2. Employee Performance Review Form.
3. Historical comparative analysis of annual increases to other city employees.
4. Personnel Action Forms for FY '01 , '02, '03, and '04.
If you need any additional information, or wish to meet with me prior to the Council
Meeting, please let me know.
Attach men t
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 34,2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERKTO
EXECUTE AN AGREEMENT WITH RONALD M. FERRIS TO SERVE AS
CITY MANAGER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 6-1 of the Charter of the City of Palm Beach Gardens, Florida
(‘City Charter“) provides that the City Council shall appoint a City Manager to serve at the
pleasure of the City Council; and
WHEREAS, at its February 1,2001 meeting, the City Council appointed Ronald M.
Ferris City Manager of the City of Palm Beach Gardens; and
WHEREAS, Section 6-1 of the City Charter further provides that the City Council
shall determine the compensation and benefits of the City Manager; and
WHEREAS, the City Council has determined that it is in the best interests of the
residents and citizens of the City of Palm Beach Gardens to execute an agreement with
Ronald M. Ferris setting forth his compensation and benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION I : 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 hereby authorizes the Mayor and City Clerk to
execute an Agreement with Ronald M. Ferris setting forth his compensation and benefits,
a copy of which is attached hereto as Exhibit “A 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.
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RESOLVED, ADOPTED AND APPROVED THIS ,!5 DAY OF
d'J6SFPH R. RUSSO
ATTEST: /I
hLAJ4&d
CAROL G@, MMC, CITY CLERK
I HEREBY CERTIFY that) have approved
this Resolutio as to form.' JJ
LEONARD$. RUBIN, - cii-~ ATTORNEY -.. = -\. ., . .--.. .. -. AYE NAY ABSENT - .-- VOTE:
MAYOR.RUSS0 J- -
VICE MAYOR JABLIN J--
COUNCILMAN SABATELLO /
COUNCILWOMAN FURTADO
COUNCILMAN CLARK --
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J
J
P:\CPWin\HISTORYlOl0131 AM3F.70 (319.062)
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"
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is by
and between the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal
corporation (hereinafter referred to as "City"), and RONALD M. FERRIS (hereinafter
referred by name or as Xity Manager").
W I T N E S S E TH:
WHEREAS, the City desires to employ Ronald M. Ferns as City Manager of the City
of Palm Beach Gardens, Florida, as provided for in Article VI of the City Charter of the City
of Palm Beach Gardens; and
WHEREAS, the City, through its City Council, desires to provide for certain benefits
and compensation for the City Manager and establish certain conditions of employment
applicable to the City Manager; and
WHEREAS, Ronald M. Ferris desires to accept employment as City Manager of the
City of Palm Beach Gardens under the terms and conditions set forth herein.
NOW, THEREFORE, In consideration of the mutual covenants herein contained,
the parties hereto agree as follows:
1. EMPLOYMENT
The City of Palm Beach Gardens hereby hires and appoints Ronald M. Ferns as its
City Manager, under the terms herein established, to perform the duties and functions
specified in the City Charter and Code of Ordinances of the City of Palm Beach Gardens,
and to perform such other legally permissible and proper duties and functions as the City
Council-of the City of Palm Beach Gardens shall assign.
A. The term of this Agreement is three (3) years retroactive to February 1,2001
("Anniversary Date") and shall be automatically renewed for an additional two (2) year
term, unless the City Council gives notice of its intent not to renew the Agreement at least
twelve (12) months prior to the expiration of the initial three (3) year term. The City
Council's decision not to renew the Agreement shall constitute a termination of the
Agreement pursuant to paragraph 9(B) and shall in no way be construed as a termination
of the Agreement by the City Council pursuant to paragraph 9(D) or 9(E) of this Agreement.
6. Nothing in this Agreement shall prevent, limit, interfere with or otherwise
restrict the rights of the City Council to terminate the services of the City Manager at any
time, with or without cause, subject only to the provisions set forth in section 9 of this
Agreement, and those contained in the City Charter of the City of Palm Beach Gardens.
Page 1 of 8
.
...
3. CITY MANAGER DUTIES, OBLIGATIONS AND POWERS
A. The City Manager shall have the duties, responsibilities and powers of said
office under the Charter and Ordinances of the City of Palm Beach Gardens, Florida. The
City Manager agrees to perform all duties and responsibilities faithfully, industriously, and
to the best of his ability and in a professional and competent manner.
B. The City Manager shall remain in the exclusive employ of the CITY and shall
devote all such time, attention, knowledge and skills necessary to faithfully perform his
duties under this Agreement, except that the City Manager may engage in educational and
professional activities and other employment activities upon the receipt of authorization and
approval by the City Council, provided, however, that the same shall not interfere with his
primary obligation to the City as its City Manager. The City Manager shall keep the City
Council fully informed in advance of all travel and out of ofice activities.
C. In the event that the City Manager shall serve on any appointed boards or
elected boards of any professional organizations, or serve on any committees related to
the performance of his duties, responsibilities and powers or related to his professional
activities, in the event that any monies are paid, or gifts are received, by the City Manager
relating to such service, such money or other property shall be paid over to or delivered to
the City; unless otherwise provided for by City Council resolution.
4. RESIDENCE
In accordance with Article VI of the City Charter, the City Manager shall become a
resident of the City within twelve (12) months of his Anniversary Date and remain a
resident of the City during his employment as City Manager, unless the City Charter is
amended to remove the residency requirement prior to the expiration of the twelve (12)
month period.
5. RESPONSIBILITY OF CITY TO CITY MANAGER
The City shall provide the City Manager with all necessary office accommodations,
equipment, and personnel necessary to perform his duties, services and responsibilities.
6. COMPENSATION
A. Base Salary. The City shall pay to City Manager an annual salary of
$128,000.00, payable in equal installments at the same intervals as the City’s other
administrative personnel are paid.
B. Benefits. As additional compensation, the City shall provide the following
benefits to the City Manager:
Page 2 of 8
1. The City shall provide the City Manager with one of the following three
options:
a.
b.
A car allowance of $550.00 per month; or
A two year lease on a vehicle acceptable to both the City and
the City Manager for personal and business use, including
gasoline and maintenance; or
The purchase of a vehicle acceptable to both the City and the
City Manager for personal and business use, including
gasoline and maintenance.
c.
Upon execution of this Agreement, the City shall provide the City
Manager with a car allowance pursuant to option (a) above. The City
Manager may elect a different option prior to the beginning of each
fiscal year provided that such monies are allocated in the City's
annual budget.
2. Participation for City Manager and immediate family in the City's
medical, vision, dental, disability and life insurance programs.
': 3.
.
participation in the personal leave, acute illness and short term
disability leave programs for City general employees. Upon execution
of this Agreement, City Manager shall have a bank of ten (IO)
personal leave days and ten (10) acute illness days and shall earn
additional days in accordance with the City policies applicable to
general employees.
4. The City shall reimburse the City Manager for reasonable expenses
incurred by him in connection with and during the course and scope
of his duties and obligations pursuant to this contract, to the extent
budgeted annually by the City.
5. The City shall pay on behalf of the City Manager reasonable
professional dues, subscriptions and seminar expenses as are related
to the field of City management and governmental administration, to
the extent budgeted annually by the City.
.
6. The City Manager shall receive five (5) Administrative Leave days
upon execution of this Agreement and' shall receive ten (10)
Administrative Leave days on the January 1 of each successive
calendar year. In the event the City Manager shall not take such
Administrative Leave days off, then such days may be converted to
additional paid compensation prior to the expiration of each calendar
year at the option of the City Manager. Such days may not
accumulate from year to year.
Page 3 of 8
7. The City shall contribute eighteen percent (18%) of the City
Manager's pay period base salary to the City's ICMA Retirement
Corp. Executive Plan 401(a) Money Purchase Plan, or such other
plan at the option of the City Manager, such contributions being
earned and paid per pay period. The City Manager may contribute
additional sums at his sole discretion.
8. The City shall provide the City Manager with a cellular phone and/or
phone service and a laptop computer for personal and business use
during the term of this Agreement.
9. Provided the City Manager moves his residence into the City's
jurisdictional boundaries, the City shall make a lump sum payment to
the City Manager in the amount of $20,000.00. If the City Charter is
amended and the City Manager does not move into the City, the City
is relieved of any payment under this subsection.
10. The City Manager shall be entitled to any such other benefits provided
to general City employees to the extent not addressed herein.
7. PERFORMANCE EVALUATION
A. Prior to August 3, 2001, the City Council shall conduct a six-month review
and evaluate the City Manager's performance under the terms of this Agreement. Such
performance review shall be based on the goals and objectives set by the City Council,
Based on such performance review, the City Manager shall be entitled to a merit increase
of zero to six percent (0 - 6%) of his base salary.
B. The City Council shall review and evaluate the City Manager's performance
on or about the City Manager's one-year Anniversary Date and on an annual basis each
Anniversary Date thereafter. Annuaily, the City Council shall define such goals and
performance objectives which it determines necessary for the proper operation of the City.
Based on the City Manager's attainment of such goals and performance objectives, the
City Council shall establish the City Manager's entitlement to an appropriate increase in
base salary, if any. Increases to the City Manager's salary shall be solely performance-
based.
8. I N D EM N I F KAT1 0 N
The City shall indemnify and hold harmless the City Manager from all claims and
suits resulting from performance by the City Manager of his official duties in accordance
with the Charter and Code of the City, state law, and policy directives of the City Council
within the scope of his employment. Provided, however, if City Manager pleads guilty or
nolo contendere (no contest) to, or is found guilty of, any criminal conduct, he shall
reimburse the City for any legal fees and expenses that the City has incurred or otherwise
paid, for or on his behalf, in connection with the charged conduct.
9. TERMINATION
This Agreement shall terminate:
A. At any time by mutual agreement of t, ,e City Manager and the City;
8. Upon the expiration of the term of City Manager's employment, unless earlier
terminated pursuant to the provisions of this Agreement;
C. Upon the City Manager's death;
D. At any time by the City's unilateral termination of the City Manager's
employment, with stated good cause, including but not limited to material breach of this
Agreement by the Ci Manager, or the conviction of the City Manager for any illegal act,
or any specific act or failure to act on the part of the City Manager which constitutes a
willful violation of the Charter;
E.. At any time by the City's unilateral termination of the City Manager's
employment without stated good cause;
F. By unilateral action of the City Manager resigning, provided that the City
Manager shall give the City ninety (90) days written notice in advance of the resignation
termination date, unless the City Council agrees to accept a shorter notice of termination.
IO. SEVERANCE OR TERMINATION BENEFITS
A. There shall be no severance payment to the City Manager in the event the
Agreement is terminated pursuant to'paragraph 9(B) or 9(C) above. If the Agreement is
terminated pursuant to paragraph 9(A). any such benefit shall be agreed upon by the City
and the City Manager.
8. If this Agreement is terminated by the City Council, then the City shall pay
to the City Manager his base salary through the date of termination, plus reimbursement
for as-yet unreimbursed expenses pursuant to this Agreement, and such benefits as are
then earned, accrued, and payable, and such other benefits as may be required by state
law, regulation, City Charter, ordinance, or City policy.
C. ' In the event that termination shall be by the City Council pursuant to the
provisions of paragraph 9(D), then no severance payment shall be made to the City
Manager.
Page5of 8
.
i
D. In the event that the City Council shall terminate City Manager pursuant to
the provisions of paragraph 9 (E), then in that event:
1. The City shall pay to the City Manager, as severance, an amount
equal to his then current annual salary. Such severance payment
shall not be interpreted as base salary for purposes of calculating
other benefits due the City Manager as though employed.
2. The City shall make to the City Manager a lumpkum payment of
$20,000.00 for moving expenses, provided that the City Manager
moved into the City in accordance with Section 4 of this Agreement.
3. The City shall provide City Manager and his immediate family with
medical, vision, dental, disability and life insurance for one (1) year
from the date of termination to be paid by the City.
4. The City shall not be obligated to make any payment under this
subsection (D) unless within ten (IO) days from the date of
termination, City Manager shall execute and deliver to City a general
release of the City and its Council Members, and its officers, agents
and employees for all acts and actions (whether accrued or
subsequently accruing) from the beginning of time until the date of the
release, said release form to be prepared by and satisfactory to the
City Attorney. The City shall make all payments required under this
subsection (D) within five (5) days of receiving said general release.
E. In the event the City Manager shall resign, then in that event, the City Council
shall have the option to cause an earlier termination of the City Manager, without cause,
and in that event, severance shall be limited to payment to the City Manager of such
benefits as would have been earned until the date of termination proposed under the City
Manager's notice of resignation.
11. EFFECT OF TERMINATION
A. In the event of termination of this Agreement or the City ManageTs
resignation, all City property and all finished or unfinished City documents held by the City
Manager shall be tendered and delivered to the City as its property within five (5) calendar
days of the effective date of termination or separation.
B. The City shall not be obligated to pay or reimburse the City Manager for any
expenses, including travel expenses, job-search expenses, and attorney's fees incurred
by him in connedion with or as a result of any termination of his employment as City
Manager except as may be provided pursuant to paragraph IO.
Page 6 of 8
. . ... .. -. . .. . - . .. .
12. AMENDMENTS AND MODIFICATIONS
No modification of or amendment to this Agreement shall be valid unless reduced
to writing and signed by both parties. If on the City Council's request or with the City
Council's consent, City Manager continues in his employment as City Manager beyond the
date of the expiration of his employment or other mutually agreed upon termination date,
this Agreement shall remain in full force and effect during the continuation of such
employment except as otherwise expressly provided by written mutual agreement.
13. OTHER PROVISIONS
A. The recitals are true and correct and part of this Agreement.
B. The effective date of this Agreement shall be the last date it is executed by
either of the parties to this Agreement.
C. No collective-bargaining agreement to which the City is a party shall in whole
or in part shall govern, apply to, or be deemed a part of or incorporated into this
Agreement.
D: .. Any civil action arising out of this contract or the nonperformance or breach
of any covenant contained in it shall be brought only in Palm Beach County, Florida.
E. The City's waiver of any breach of any term, condition or covenant of this
Agreement shall not constitute the waiver of any other breach of the same or any other
term, condition or covenant of this Agreement.
F. This Agreement is binding upon the City Manager's heirs and personal
representatives and on the City regardless of any changes in the persons holding office
as members of the City Council.
G. If any provision of this Agreement or the application of any provision to any
party or circumstance shall be prohibited by or invalid under applicable law, that provision
shall be ineffective to the extent of such prohibition or invalidity without invalidating the
remaining provisions of this Agreement or their application to other parties or
circumstances. This Agreement, and its terms, conditions and covenants contained in it
shall be governed by and construed in accordance with the laws of the State of Florida.
H. This Agreement contains the entire Agreement between the City and the City
Manager. All prior agreements and understandings, whether written or oral, pertaining to
the City's employment of the City Manager are fully abrogated and of no further force and
effect from and after the date of this Agreement.
1. Regardless of which party or whose attorney prepared the original draft and
subsequent revisions of this Agreement, the City and the City Manager have had equal
opportunity to contribute to and have contributed to its contents, and this Agreement shall
not be deemed to be the product of, and, therefore, construed against either of them.
J. The omission from this Agreement of a term or provision contained in an
earlier draft of this Agreement shall have no evidentiary significance regarding the
contractual intent of the parties.
K. This Agreement may be executed in duplicate or in counterparts, each of
which shall be deemed an original and all of which together shall be deemed one and the
same instrument. No term, condition or covenant of this Agreement shall be binding on
either party until both parties have signed it.
EXECUTED by this City on this -15 fsay of February, 2001.
EXECUTED by the City Manager this day of February, 2001.
Witne es: ,w
Page 8 of 8
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager
DATE: April 27,2005
FROM:
\
Hank DuFour, Human Resources Administrator
RE: Performance Instrument
Attached is a copy of the performance instrument that will be used for your pefiormance evaluation and a
copy of a report fiom Mary Smith showing analysis of the Cost of Living Adjustment (COLA) and Merit
increase percentages for all employee groups in the City since 2002.
CITY OF PALM BEACH GARDENS
EMPLOYEE PERFORMANCE APPRAISAL REPORT
ADMINISTRATION
Employee Name: Employee #:
Title: Division:
DOWPromotion: Pay Grade: Current Salary:
Type: Probation (3) - (6) - Annual Rating Period: From to
ELEMENTS
ELEMENT 1: APPLICATION OF KNOWLEDGE AND EXPERTISE: Professional knowledge is sufficient to enable
employee to perform duties without assistance; recognizes issues and circumstances which require attention and assistance of
higher authority; demonstrates knowledge of Federal, State and local laws, regulations and procedures pertaining to area of
responsibility; assumes personal and ultimate responsibility for provision of service and completion of work.
ELEMEhT 2: RESEARCH AND ANALYSIS STANDARD: Is familiar with traditional and current research procedures and
methods of analysis including computer based data sources, etc.; collects raw data from appropriate sources, analyzes data, reaches
conclusions, prepares and explains alternative recommendations and anticipated results in logical, understandable and defensible
manner; recognizes and reports data trends.
ELEMENT 3: COORDINATION AND COMMlINICATION STANDARD: Maintains effective communication with and
between divisions within departments, strives to share relevant information with departmental sM, other departments, citizens and
various groups; ensures all interested parties are aware of goals and activities and provides necessary information to accomplish
assigned tasks; maintains proksional relationships with consultants, associates, and other professionals and has critical listening
skills.
ELEMENT 4: SCIPERVISION AND MANAGEMENT SKILLS STANDARD: Prepares andor reviews work programs and
schedules of subordinates; encourages punctuality; ensures that work is accomplished on schedule and according to requirements;
provides feedback, information and guidance to employees as performance indicates; ensures subordinates follow City and
departmental SOP’S.
ELEMENT 5: PLANNING AND ORGANIZATION STANDARD: Develops goals and objectives, staffing and budget needs;
helps maintain desired service levels; anticipates financial needs, potential problems and emergency situations; develops and
maintains efficient and functional process for achieving work programs; recommends necessary organizational changes as work
load and service needs demand.
ELEMENT 6: FISCAL MANAGEMENT STANDARD: Plans and prioritizes budget and financial responsibilities to
accomplish assigned tasks. Exercises sound financial judgment and uses realistic assumptions in long range financial plans, budget
preparation and administration.
ELEMENT 7: SAFETY AND PERSONAL MANAGEhlENT STANDARD: Performs duties with concern for safety of self
and others. Ensures personnel use appropriate safety procedures and promotes safety to associates and subordinates.
ELEMENT 8: LEADERSHIP STANDARD: Motivator and organizer; prepares subordinates to substitute in hisiher absence.
Leadership achievements dramatically further City’s mission. Perseveres through tough challenges. Consistently decisive and
calm under stressful situations.
ELEMENT 9: DECISION MAKING STANDARD: Displays analytical and ethical skills to make sound judgment and timely
decisions and does not react without thinking through potential consequences of the actions. Exercises proper authority to make
decisions without deferring up the hierarchy.
ELEMENT 10: PRO.IE<T COMPLETION STANDARD: Takes initiative for departmental and interdepartmental issues and
develops innovative approaches to assist in project completion. Plandprioritizes with skill and foresight. Meets project deadlines
and goal expectations.
TOTAL SCORE
Percentage Increase
[Equals Total Score Divided by the Number of Elements (1O)l
Score
(0-6)
Performance Appraisal Rating Scale
% MERIT PAY
INCREASE
PERFORMANCE
APPRAISAL SCORE
RATING
6%
4%
0% - 3%
5.01 - 6.00
4.01 - 5.00
3.01 - 4.00
0.00 - 3.00
Outstanding
Exceeds Expectations
Meets Expectations
Below Expectations
Rating Scale for Evaluating Performance
SCORE STANDARD
Outstanding - Performance in this category demonstrates a mastery of the
theory and application of the principles and practices of sound
management and decision making.
5.01 - 6.00
, Exceeds Eapectations -Consistently exceeds performance standards
4'01 - 5'00 ' established for the position.
-
Meets Expectations - Consistently meets all standards of performance
established for the position. 3.00 - 4*00
Below Expectations - Meets some but not all standards of performance
established for the position. O'O0 - 2.99
2
CITY OF PALM BEACH GARDENS
MEMORANDUM
- TO: Hank DuFour, Human Resources Administrator
2002 I 2003 I 2004 I 2005
COLA COLA I Merit
DATE:
FROM:
2006
COLA IMerit
April 27,2005
Mary Smith, Assistant Human Resources Administrator Y
Merit
RE:
As you requested, I have compiled a chart analyzing the COLA and merit increases for each of the
employee groups in the City. The chart is shown below.
Cost of Living Adjustment (COLA) and Merit increases
COLA I Merit COLA Merit E Fire - (Step) I (Step)
Police.-
officers &
(Step)
Dis atchers p-
5% 15% 15%- 15% 15%
4%
4%
4%
4%
0%
0-6% 4% 0-6% 4% 0-6%
16%
0- 6%
0- 6%
I I I
4% I0-6% I (not
CITY OF PALM BEACH GAnOENS
Personnel Action Form
NEW EMPLOYEE 0 PROBATIONARY FULL-TIME -.-.- . .*-- I " 0 REHIRE . a TEMPORARY FULL-TIME
0 -'CEMPORARY PART-TIME
0 RESERVE
0 VOLUNTEER
STARTING DATE:
POSITION.
I 'PAY RATE: $ STEP:
'ANNUAL SALARY FOR FULL-TIME EMPLOYEES
'HOURLY RATE FOR PART-TIME EMPLOYEES
CHANGEOFSTATUS .z//-@7- 104 p/pz 3,69g~/
flpl &+4$pz EFFECTIVE DATE
0 PROMOTION 0 DEMOTION 0 TRANSFER 0 OTHER
0 GENERAL INCREASE
0 COMPLETED PROBATION
a MERIT INCREASE 6% 0 STEP INCREASE
0 EXTEND PROBATION 0 RECLASSIFICATION
CURRENT STATUS:
JOB CODE: /o/bo/
POSITION: C!
PAY RATE: $ $
STEP: DIVISION:
RECOMMENDED STATUS (IF DIFFERENT):
JOBCODE: /d /do/
/-
POSITION: Pi tv ~VI-
PAY RATE:$ $1 61 ; 597- 00 I yr-
STEP: DIVISION:
SEPARATlON
EFFECTIVE DATE:
[7 RESIGNATION - Letter from Employee Attached
0 DISCHARGED - Give Comments Below
0 END OF TEMPORARY APPOINTMENT
0 OTHER - Give Comments Below
0 QUIT - Give Comments Below
0 LAYOFF
0 RETIRED
SUSPFNSION (Give Comments Below) (Give Comments Below)
0 WITH PAY DATES OF SUSPENSION: 0 WITH PAY DATES OF ADMINISTRATIVE LEAVE:
0 WITHOUT PAY FROM: TO: 0 WITHOUT PAY FROM: TO:
/ \
\ 171 I SIGNATURES:
DEPARTMENT HEAD: DATE. 7/%,h,#
HUMAN RESOURCES DKE:
W
CITY MANAGER:
INPUT BY: HUMAN RES0
/ A /I
INSTRUCTIONS: Supply all information pertinent to the action. VY
Forward ALL copies through appropriate channels to Human Resources Office. Approved copies will be returned.
Attach performance review dated within preceding six months when action involves salary change.
DISTRIBUTION (1) White - Human Resources; (2) Yellow - Department; (3) Pink - Employee (4) Gold - Finance Revised: 2-15-2ooO
ClTYOFPALMBEACHGARLdS a 0 E-
NT. Administration
12
Personnel Acti;iFp,’”,. ~~~~~~
EMPLOYEE NAME PA ROLL UMBER.
CITY MANAGER: -w DATE: /
INPUT BY: HUMAN RESOURCES: h 03’ PAYROLL: db ,fh/ 1;;
0 REHIRE 0 TEMPORARY FULL-TIME
0 TEMPORARY PART-TIME
0 RESERVE
0 VOLUNTEER
STARTING DATE:
POSITION:
‘PAY RATE: $ I STEP:
‘ANNUAL SALARY FOR FULL-TIME EMPLOYEES
*HOURLY RATE FOR PART-TIME EMPLOYEES
CHANGEOFSTATUS A//- 772 7= /d& /3/p
EFFECTIVE DATE: > Jq//44/t7
0 PROMOTION 0 DEMOTION 0 TRANSFER 0 OTHER
0 GENERAL INCREASE MERIT INCREASE 6% 0 STEP INCREASE
0 COMPLETED PROBATION 0 EXTEND PROBATION 0 RECLASSIFICATION
CURRENT STATUS:
JOB CODE: inel aa JOB CODE: lonl - 99
POSITION: pitlr -- POSITION: Citv Ma-
PAYRATE.$ 143,821 -00 1 yr. PAYRATE:$ 152,450-00 lyr-
STEP. DIVISION: STEP: DIVISION:
RECOMMENDED STATUS (IF DIFFERENT):
1
SEPARATlON
EFFECTIVE DATE:
0 RESIGNATION - Letter from Employee Attached QUIT - Give Comments Below
0 DISCHARGED - Give Comments Below 0 LAYOFF
0 END OF TEMPORARY APPOINTMENT 0 RETIRED
0 OTHER - Give Comments Below
SUSPFNSION (Give Comments Below) BPMlNlSTRATlVE LEAVE (Give Comments Below)
0 WITH PAY DATES OF SUSPENSION: 0 WITH PAY DATES OF ADMINISTRATIVE LEAVE:
0 WITHOUT PAY FROM: TO: 0 WITHOUT PAY FROM: TO:
I I , .
DEPARTMENT HEAD:
HUMAN RESOURCES DEP
Personnel Action Form MAY 3 - 2002
DEPARTMENT: M rn \w is r&&
EMPLOYEE NAME: PAYROLL NUMBER: 12
(APPOINT- CHECK ONE:
0 NEW EMPLOYEE 0 PROBATIONARY FULL-TIME
REHIRE 0 TEMPORARY FULL-TIME
0 TEMPORARY PART-TIME
0 RESERVE
0 VOLUNTEER
STARTING DATE:
POSITION:
'PAY RATE: $ / STEP:
*ANNUAL SALARY FOR FULL-TIME EMPLOYEES
'HOURLY RATE FOR PART-TIME EMPLOYEES
CHANGEOFSVATUS
EFFECTIVE DATE. 2- I - ad
0 PROMOTION 0 DEMOTION 0 TRANSFER
0 GENERAL INCREASE
0 COMPLETED PROBATION
CURRENT STATUS:
MERIT INCREASE 6 '%
0 EXTEND PROBATION & Y"/- J&, 0 STEP INCREASE
0 RECLASSIFICATION
RECOMMENDED STATUS (IF DIFFERENT):
0 OTHER - Give Comments Below
SUSPFNSION (Give Comments Below) INISTRATIVE LFAVF (Give Comments Below)
WITH PAY DATES OF SUSPENSION: WITH PAY DATES OF ADMINISTRATIVE LEAVE:
0 WITHOUT PAY FROM: TO: 0 WITHOUT PAY FROM: TO:
CITY MANAGER:
nnels to Human Resources Office. Approved copies will be returned.
Attach performance review dated within preceding six months when action involves salary change.
DISTRIBUTION (1) White - Human Resources; (2) Yellow - Department; (3) Pink - Employee (4) Gold - Finance Revised, 2-15.2000
2
SFPARATION
EFFECTIVE DATE:
0 RESIGNATION - Letter from Employee Attached
0 DISCHARGED - Give Comments Below
0 END OF TEMPORARY APPOINTMENT
0 QUIT - Give Comments Below
0 LAYOFF
0 RETIRED
CITY OF PALM BEACH GARC 3s
DEPARTMENT HEAD:
HUMAN RESOURCES DEP
INPUT BY: HUMAN RESOURCES:
Personnel Action Form
EMPLOYEE NAME: Ronald M. Ferris
HtGEIVED HUMAN RESOURCE DEPT.
OCT 2 4 2001
DEPARTMENT: Administration
PAYROLL NUMBER: 12
APPOlNTMENT CHECK ONE:
0 NEW EMPLOYEE
REHIRE
STARTING DATE:
POSITION:
'PAY RATE: $ I STEP:
0 PROBATIONARY FULL-TIME
0 TEMPORARY FULL-TIME
TEMPORARY PART-TIME
RESERVE
VOLUNTEER
'ANNUAL SALARY FOR FULL-TIME EMPLOYEES
'HOURLY RATE FOR PART-TIME EMPLOYEES -
EFFECTIVE DATE: 8 / 3 / 0 1
0 PROMOTION 0 DEMOTION 0 TRANSFER OTHER
0 GENERAL INCREASE MERIT INCREASE 0 STEP INCREASE
0 COMPLETED PROBATION 0 EXTEND PROBATION 0 RECLASSIFICATION
CURRENT STATUS:
JOBCODE: 1001 -99 JOBCODE: 0°1-99
POSITION: City Manager POSITION: City Manager
PAY RATE: $ $128,000.00 I PAY RATE: $
STEP: 41 (r~3,dDlVlSION: STEP: ya/gqb DIVISION:
RECOMMENDED STATUS (IF DIFFERENT):
I $135 680.00
SEPARATION
EFFECTIVE DATE:
0 RESIGNATION - Letter from Employee Attached
0 DISCHARGED - Give Comments Below
0 END OF TEMPORARY APPOINTMENT
0 QUIT - Give Comments Below
0 LAYOFF
0 RETIRED
0 OTHER - Give Comments Below
SUSPENSION (Give Comments Below) qQMlNlSTRATlVE W (Give Comments Below)
0 WITH PAY DATES OF SUSPENSION: WITH PAY DATES OF ADMINISTRATIVE LEAVE:
0 WITHOUT PAY FROM: TO: WITHOUT PAY FROM: TO:
FNTS: As approved by City Council on 10/18/01
Effective date August 3, 2001 as per employment contract
Section 7A
CITY OF PALM BEACH GAR YNS
Personnel Action Form
EMPLOYEE NAME Ronald Iy . Ferris
RECEIVED HUMAN RESOURCE DEPT
FEB 0 9 2001 DEPARTMENT. Admi n i s t r a t i on
12 PAYROLL NUMBER:
SEPARATION
EFFECTIVE DATE:
0 RESIGNATION - Letter from Employee Attached
0 DISCHARGED - Give Comments Below
0 END OF TEMPORARY APPOINTMENT
0 OTHER - Give Comments Below 1
r- CHECK ONE: 1 @ NEWEMPLOYEE 0 PROBATIONARY FULL-TIME
- I 0 REHIRE 0 TEMPORARY FULL-TIME
0 TEMPORARY PART-TIME
0 RESERVE
0 VOLUNTEER
STARTING DATE: February 0 5, 2 0 0 1
POSITION:
'PAY RATE: $
City Manager
$128,000 year STEP:
*ANNUAL SALARY FOR FULL-TIME EMPLOYEES
'HOURLY RATE FOR PART-TIME EMPLOYEES -
EFFECTIVE DATE:
0 PROMOTION 0 DEMOTION 0 TRANSFER 0 OTHER
0 GENERAL INCREASE 0 MERIT INCREASE 0 STEP INCREASE
0 COMPLETED PROBATION 0 EXTEND PROBATION 0 RECLASSIFICATION
CURRENT STATUS:
JOB CODE: JOB CODE:
POSITION: POSITION:
PAY RATE: $ 1 PAY RATE: $ I
STEP: DIVISION: STEP: DIVISION:
RECOMMENDED STATUS (IF DIFFERENT):
0 QUIT - Give Comments Below
0 LAYOFF
0 RETIRED
SUSPENSlON (Give Comments Below) ADMINISTRATIVU (Give Comments Below)
0 WITH PAY DATES OF SUSPENSION: 0 WITH PAY DATES OF ADMINISTRATIVE LEAVE:
0 WITHOUT PAY FROM: TO: 0 WITHOUT PAY FROM: TO:
TS:
$550 a month car allowance
I I
SIGNATURES:
4 DEPARTMENT HEAD: DATE: 4 IkRI
HUMAN RESOURCES DATE:
CITY MANAGER:
PAY ROLL: INPUT BY: HUMAN RESOURCES:
INSTRUCTIONS: Supply all information pertinent to the action.
Forward ALL copies through appropriate channels to Human Resources Office. Approved copies will be returned.
Attach performance review dated within preceding six months when action involves salary change.
DISTRIBUTION (1) White - Human Resources; (2) Yellow - Department; (3) Pink - Employee (4) Gold - Finance
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 26,2005
Meeting Date: May 5,2005
Resolution 70.2005
SubjectlAgenda Item: City Manager Employment Agreement
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
Department Director
Originating Dept.:
Advertised:
Date:
Paper:
[ x 3 Not Required
Affected parties
[ ] Notified -----
[ x] Not required
costs: !§
(Total)
!§- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ]None
BACKGROUND: See attached memorandum.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: April 26,2005
FROM: Ron Ferris, City Manage
SUBJECT: City Manager Amended Employment Agreement
My existing Employment Agreement extends through February of 2006. I have attached a
proposed Amended Employment Agreement for your consideration. The proposal is
presented in strike-throughlunderline format using the existing agreement as the baseline
document. The proposed Agreement also contains notes indicating the purpose of the
requested change.
These are key points for your consideration:
1. Term of three years, with additional two-year extension (same as original 2000
Employment Agreement).
2. An increase in administrative days from the current 10 to 15.
3. An increase of vehicle allowance from $550 to $650 per month.
4. Elimination of future annual merit increase (0-6%) -future adjustments tied to cost-of-
living adjustment by the ECI rate (US DOL Bureau of Labor Statistics State and Local
Government Employees Total Compensation figures) (same as City Councilmembers).
5. Annual evaluation not tied to salary adjustment.
6. Eligibility to purchase insurance at end of Agreement at City Manager’s expense (same
as City Councilmembers).
7. Removal of unnecessary or completed provisions.
Thank you for your consideration of these issues. If you need additional information, or
wish to meet with me prior to the Council Meeting, please let me know.
Attach men t
AMENDED EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as “Agreement”) is
by and between the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal
corporation (hereinafter referred to as ‘City”), and RONALD M. FERRIS (herein referred
by name or as “City Manager”).
WITNESSETH:
WHEREAS, the City desires to employ Ronald M. Ferris as the City Manager of
the City of Palm Beach Gardens, Florida, as provided for in Article VI of the City Charter
of the City of Palm Beach Gardens; and
WHEREAS, the City, through its City Council, desires to provide for certain
benefits and compensation for the City Manager and establish certain conditions of
employment applicable to the City Manager; and
WHEREAS, Ronald M. Ferris desires to accept employment as the City Manager
of the City of Palm Beach Gardens under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties hereto agree as follows:
1. EMPLOYMENT
The City of Palm Beach Gardens hereby hires and appoints Ronald M. Ferris as
its City Manager, under the terms herein established, to perform the duties and
functions specified in the City Charter and Code of Ordinances of the City af Palm
Beach Gardens, and to perform such other legally permissible and proper duties and
functions as the City Council of the City of Palm Beach Gardens shall assign.
2. TERM
A. The term of this Agreement is 1 2Uextended to Februaw I, 2009 (“Annivev
renewed for an additional two (2) year term, unless the City Council gives notice of its
intent not to renew the Agreement at least twelve (12) months prior to the expiration of
the initial three (3) year term. The City Council’s decision not to renew the Agreement I shall constitute a termination of the Agreement pursuant to Paragraph 9,fBIj and shall in
no way be construed as a termination of the Agreement by the City Council pursuant to
Paragraph 9:fDLj or SLfEI> of this Agreement.
Note: The current contract is in the additional two-year term, which will end February 1
2006. The proposed lanquaqe would extend the term for an additional three
years, ie., from Februarv I, 2006, to February -l, 2009.
6. Nothing in this Agreement shall prevent, limit, interfere with, or otherwise
restrict the rights of the City Council to terminate the services of the City Manager at any
time, with or without cause, subject only to the provisions set forth in Section 9 of this I Agreement; and those contained in the City Charter of the City of Palm Beach Gardens.
3. CITY MANAGER DUTIES, OBLIGATIONS, AND POWERS
A. The City Manager shall have the duties, responsibilities, and powers of
said office under the Charter and Ordinances of the City of Palm Beach Gardens,
Florida. The City Manager agrees to perform all duties and responsibilities faithfully,
industriously, and to the best of his ability and in a professional and competent manner.
B. The City Manager shall remain in the exclusive employ of the City and
shall devote all such time, attention, knowledge, and skills necessary to faithfully
perform his duties under this Agreement, except that the City Manager may engage in
educational and professional activities and other employment activities upon the receipt
of authorization and approval by the City Council; provided, however, that the same
shall not interfere with his primary obligation to the City as its City Manager. The City
Manager shall keep the City Council fully informed in advance of all travel and out-of-
office activities.
C. In the event that the City Manager shall serve on any appointed boards or
elected boards of any professional organizations, or serve on any committees related to
the performance of his duties, responsibilities, and powers or related to his professional
activities, in the event that any monies are paid, or gifts are received by the City
Manager relating to such service, such money or other property shall be paid over to or
delivered to the City, unless otherwise provided for by City Council resolution.
4. RESIDENCE
In accordance with Article VI of the City Charter, the City Manager shall &some
-4- ‘dw-remain a ..
resident of the City during his employment as the City Manager;,
Note: This section was modified to reflect that the Citv Manager now resides in the CltV.
5. RESPONSIBILITY OF CITY TO CITY MANAGER
The City shall provide the City Manager with all necessary office
accommodations, equipment, and necessary personnel necessary to perform his duties, I services, and responsibilities,
2
6. COMPENSATION
A. Base Salary. The City shall pay to the City Manager an annual salary of
$161 ,597.OOT (plus anv increase awarded pursuant to the Manaqer’s evaluation for
2005- . , payable in equal installments at the same intervals as the City’s
other administrative personnel are paid.
Note: The City Manaqer has received salary adiustments in 2001, 2002, 2003, and
2004. The salary herein stated reflects the increase approved by the City
Council on June 18, 2004, but does not include any increase which may be
awarded on May 5,2005.3
B. Benefits. As additional compensation, the City shall provide the following
benefits to the City Manager:
The City shall provide the City Manager with+-
0-
-3 car allowance of $5504343 650.00 per month*
Note: This section has been modified to modifv the car allowance, and to
delete the other options previously available to the Manaqer.
Participation for the City Manager and immediate family in the City’s
medical, vision, dental, disability, and life insurance programs.
Participation in the personal leave, acute illness, and short-term disability
leave programs for City general employees. Upon execution of this
Agreement, the City Manager shall have a bank of ten (IO) personal leave
days and ten (IO) acute illness days and shall earn additional days in
accordance with the City policies applicable to general employees.
3
The City shall reimburse the City Manager for reasonable expenses
incurred by him in connection with and during the course and scope of his
duties and obligations pursuant to this Agreement, to the extent budgeted
annually by the City.
The City shall pay on behalf of the City Manager reasonable professional
dues, subscriptions, and seminar expenses as are related to the field of
City management and governmental administration, to the extent
budgeted annually by the City.
..
fifteen (lel5)
The City Manager shall receive kw, (5) ,<
Administrative Leave days on #w-January 1 of each successive calendar
year. In the event the City Manager shall not take such additional paid
compensation prior to the expiration of each calendar year at the option of
the City Manager, such days may not accumulate from year to year.
exec;ttkeR of this-w&--an-* k?n--
Note: Language relating to the days granted upon execution of the oriqinal
contract was deleted and an additional five days per year is proposed.
(7): The City shall contribute eighteen percent (18%) of the City Manager’s
pay period base salary to the City’s ICMA Retirement Corp. Executive
Plan 401(a) Money Purchase Plan, or such other plan at the option of the
City Manager, such contributions being earned and paid per pay period.
The City Manager may contribute additional sums at his sole discretion.
I
(8k The City shall provide the City Manager with a cellular phone and-/or
phone service and a laptop computer for personal and business use
during the term of this Agreement.
I
Note: Lanquaae was deleted because the lump sum payment was paid within
the prescribed time limit.
10@-JThe City Manager shall be entitled to any such other benefits provided to
general City employees to the extent not addressed herein,,
including a cost-of-living adiustment by the ECI rate (US DOL Bureau of
Labor Statistics State and Local Government Employees Total
Compensation fiqures) at the same time as other qeneral emoloyees.
Such further and additional benefits, includinq any new retirement
benefits, which are provided to general employees now or in the future
4
shall be provided to the City Manager. The City may, at any time, provide
such additional benefits solely to the Citv Manaqer, as it mav deem
desirable to do so.
Note: New languaqe mirrors the salary adiustment recently approved as
part of the Police Benevolent Association collective barqaining aqreement
and ties further salary increases to the ECI rate. TAdditionally, the
languaqe clarifies that the Citv Manaaer will be entitled to anv new
benefits created for general employees, includinq any new retirement
benefits.
7. PERFORMANCE EVALUATION
.. Fer- e-.f3aSed-W-- tww
&sed-e+w-i-4 52 --
Pew---
E. The City Council shall review and evaluate the City Manager’s
performance 0%- -Fa- wn an
annual basis each Anniversary Date-%we&&%. Annually, the City Council shall define
such goals and performance objectives which it determines necessary for the proper
operation of the City. 4 m.- WQP- . hs~~
tc+-*-rrr
Note: Original lanauaqe relating to the six-month evaluation was deleted. Merit
increase language was deleted (this is replaced by the ECI adjustment set forth
in Section 6.B.(9) herein).
8. IN DE M N I F I CAT1 ON
The City shall indemnify and hold harmless the City Manager from all claims and
suits resulting from performance by the City Manager of his official duties in accordance
with the Charter and Code of the City, state law, and policy directives of the City Council
within the scope of his employment. Provided, however, if the City Manager pleads
guilty or nolo contendere (no contest) to, or is found guilty of, any criminal conduct, he
shall reimburse the City for any legal fees and expenses that the City has incurred or
otherwise paid for or on his behalf in connection with the charged conduct.
5
9. TERMINATION
This Agreement shall terminate:
I A. At any time by mutual agreement of the City Manager and the City:,
B. Upon the expiration of the term of the City Manager’s employment, unless I earlier terminated pursuant to the provisions of this Agreement::
I C. Upon the City Manager‘s death,
D. At any time by the City’s unilateral termination of the City Manager’s
employment, with stated good cause, including, but not limited to, material breach of
this Agreement by the City Manager, or the conviction of the City Manager for any illegal
act, or any specific act or failure to act on the part of the City Manager which constitutes I a willful violation of the Charter::
E. At any time by the City’s unilateral termination of the City Manager’s I employment without stated good cause,
F. By unilateral action of the City Manager resigning, provided that the City
Manager shall give the City ninety (90) days’ written notice in advance of the resignation
termination date, unless the City Council agrees to accept a shorter notice of
termination.
I
10. SEVERANCE OR TERMINATION BENEFITS
A. There shall be no severance payment to the City Manager in the event the
Agreement is terminated pursuant to Paragraph 9:fB:) or 9,fCl) above. If the
Agreement is terminated pursuant to Paragraph 9,{A,j, any such benefit shall be agreed
upon by the City and the City Manager.
B. If this Agreement is terminated by the City Council, then the City shall pay
to the City Manager his base salary through the date of termination, plus reimbursement
for as-yet unreimbursed expenses pursuant to this Agreement, and such benefits as are
then earned, accrued, and payable, and such other benefits as may be required by
state law, regulation, City Charter, ordinance, or City policy.
C.
Manager.
In the event that termination shall be by the City Council pursuant to the I provisions of Paragraph 9,fDLj, then no severance payment shall be made to the City
D. In the event that the City Council shall terminate the City Manager I pursuant to the provisions of Paragraph 9,fEIj, then:
6
(1:) The City shall pay the City Manager, as severance, an amount
equal to his then current annual salary. Such severance payment
shall not be interpreted as base salary for purposes of calculating
other benefits due the City Manager as though employed.
Note: Language deleted because the relocation reimbursement was paid
in 2002.
30: The City shall provide the City Manager and his immediate family
with medical, vision, dental, disability, and life insurance for one (1)
year from the date of termination to be paid by the City. Thereafter,
the City Manarrer and his dependents shall be eligible for continued
participation pursuant to the terms of those plans at their sole
expense, at such rates and under the same conditions applicable to
dependents of qeneral employees.
Note: This proposed amendment would allow the Manager, at his sole
expense, to purchase individual and dependant health insurance
coverage. This lanquaqe is the same provided to the City
Councilmembers in Ordinance 34, 2004,
4(3J The City shall not be obligated to make any payment under this
subsection (D) unless, within ten (IO) days from the date of
termination, the City Manager shall execute and deliver to the City
a general release of the City and it Council Members, and its
officers, agents, and employees for all acts and actions (whether
accrued or subsequently accruing) from the beginning of time until
the date of the release, said release form to be prepared by and
satisfactory to the City Attorney. The City shall make all payments
required under this subsection fDAj within five (5) days of receiving
said general release. I
E. In the event the City Manager shall resign, then in that event, the City
Council shall have the option to cause an earlier termination of the City Manager,
without cause, and in that event, severance shall be limited to payment to the City
Manager of such benefits as would have been earned until the date of termination
proposed under the City Manager’s notice of resignation.
11. EFFECT OF TERMINATION
A. In the event of termination of this Agreement or the City Manager’s
resignation, all City property and all finished or unfinished City documents held by the 1
I 7
City Manager shall be tendered and delivered to the City as its property within five (5)
calendar days of the effective date of termination or separation.
6. The City shall not be obligated to pay or reimburse the City Manager for
any expenses, including travel expenses, job search expenses, and attorney’s fees
incurred by him in connection with or as a result of any termination of his employment
as the City Manager, except as may be provided pursuant to Paragraph 10.
12. AMENDMENTS AND MODIFICATIONS
No modification of or amendment to this Agreement shall be valid unless reduced
to writing and signed by both parties. If, on the City Council’s request or with the City
Council’s consent, the City Manager continues in his employment as the City Manager I beyond the date of the expiration of his employment or other mutuallyxagreed upon
termination date, this Agreement shall remain in full force and effect during the I continuation of such employment, except as otherwise expressly provided by written
mutual agreement.
13. OTHER PROVISIONS
A. The recitals are true and correct and part of this Agreement.
B. The effective date of this Agreement shall be the last date it is executed by
either of the parties to this Agreement.
C. No collective-bargaining agreement to which the City is a party shall, in
whole or in part, govern, apply to, or be deemed a part of or incorporated into this
Agreement .
I
D. Any civil action arising out of this Agreement or the nonperformance or
breach of any covenant contained in it shall be brought only in Palm Beach County,
Florida.
E. The City’s waiver of any breach of any term, condition, or covenant of this
Agreement shall not constitute the waiver of any other breach of the same or any
other term, condition, or covenant of this Agreement.
F. This Agreement is binding upon the City Manager’s heirs and personal
representatives and on the City regardless of any changes in the persons holding office
as members of the City Council.
G. If any provision of this Agreement or the application of any provision to
any party or circumstance shall be prohibited by or invalid under applicable law, that
provision shall be ineffective to the extent of such prohibition or invalidity without
8
invalidating the remaining provisions of this Agreement or their application to other
parties or circumstances. This Agreement and its terms, conditions, and covenants
contained in it shall be governed by construed in accordance with the laws of the State
of Florida.
H. This Agreement contains the entire Agreement between the City and the
City Manager. All prior agreements and understandings, whether written or oral,
pertaining to the City’s employment of the City Manager are fully abrogated and of no
further force and effect from and after the date of this Agreement.
I. Regardless of which party or whose attorney prepared the original draft
and subsequent revisions of this Agreement, the City and the City Manager have had
equal opportunity to contribute to and have contributed to its contents, and this
Agreement shall not be deemed to be the product of, and therefore, construed against
either of them .
J. The omission from this Agreement of a term or provision contained in an
earlier draft of this Agreement shall have no evidentiary significance regarding the
contractual intent of the parties.
K. This Agreement may be executed in duplicate or in counterparts, each of
which shall be deemed an original and all of which together shall be deemed one and
the same instrument. No term, condition, or covenant of this Agreement shall be
binding on either party until both parties have signed it.
(The remainder of this page left intentionally blank)
9
EXECUTED by the City on this - day of ,2005.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
I By:
Patricia Snider, City Clerk, CMC
EXECUTED by the City Manager this day of ,2005.
Witnesses:
By:
Ronald M. Ferris I By:-
10
Date Prepared: April 27, 2005
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RESOLUTION 70,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDED
EMPLOYMENT AGREEMENT BETWEEN RONALD M. FERRIS AND
THE CITY OF PALM BEACH GARDENS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
City of Palm Beach Gardens to enter into an Amended Employment Agreement with
Ronald M. Ferris to continue his services to the City of Palm Beach Gardens as City
Manager; and
WHEREAS, an Amended Employment Agreement has been prepared and is
attached hereto.
WHEREAS, the City Council has deemed the approval of this Resolution to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTlON2. The City Council hereby accepts and approves the Amended
Employment Agreement between Ronald M. Ferris and the City of Palm Beach
Gardens and hereby authorizes the Mayor and City Clerk to execute the amended
agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: April 27,2005
Resolution 70, 2005
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PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl EN CY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
46 47 \\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\ClTY MGR CONTRACT RENEWAL - reso 70 2005.doc
2
AMENDED EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as “Agreement”) is
by and between the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal
corporation (hereinafter referred to as “City”), and RONALD M. FERRIS (herein referred
by name or as “City Manager”).
WITNESSETH:
WHEREAS, the City desires to employ Ronald M. Ferris as the City Manager of
the City of Palm Beach Gardens, Florida, as provided for in Article VI of the City Charter
of the City of Palm Beach Gardens; and
WHEREAS, the City, through its City Council, desires to provide for certain
benefits and compensation for the City Manager and establish certain conditions of
employment applicable to the City Manager; and
WHEREAS, Ronald M. Ferris desires to accept employment as the City Manager
of the City of Palm Beach Gardens under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties hereto agree as follows:
1. EMPLOYMENT
The City of Palm Beach Gardens hereby hires and appoints Ronald M. Ferris as its City
Manager, under the terms herein established, to perform the duties and functions
specified in the City Charter and Code of Ordinances of the City of Palm Beach
Gardens, and to perform such other legally permissible and proper duties and functions
as the City Council of the City of Palm Beach Gardens shall assign.
2. TERM
A. The term of this Agreement is extended to February 1, 2009 (“Anniversary Date”)
and shall be automatically renewed for an additional two (2) year term, unless the
City Council gives notice of its intent not to renew the Agreement at least twelve
(12) months prior to the expiration of the initial three (3) year term. The City
Council’s decision not to renew the Agreement shall constitute a termination of the
Agreement pursuant to Paragraph 9.8. and shall in no way be construed as a
termination of the Agreement by the City Council pursuant to Paragraph 9.D. or
9.E. of this Agreement.
Note: The current contract is in the additional two-year term, which will end
February 1, 2006. The proposed language would extend the term for an
additional three years, ie., from February 1 , 2006, to February 1, 2009.
I
B. Nothing in this Agreement shall prevent, limit, interfere with, or otherwise restrict
the rights of the City Council to terminate the services of the City Manager at any
time, with or without cause, subject only to the provisions set forth in Section 9 of
this Agreement and those contained in the City Charter of the City of Palm Beach
Gardens.
3. CITY MANAGER DUTIES, OBLIGATIONS, AND POWERS
A. The City Manager shall have the duties, responsibilities, and powers of said office
under the Charter and Ordinances of the City of Palm Beach Gardens, Florida.
The City Manager agrees to perform all duties and responsibilities faithfully,
industriously, and to the best of his ability and in a professional and competent
manner.
B. The City Manager shall remain in the exclusive employ of the City and shall devote
all such time, attention, knowledge, and skills necessary to faithfully perform his
duties under this Agreement, except that the City Manager may engage in
educational and professional activities and other employment activities upon the
receipt of authorization and approval by the City Council; provided, however, that
the same shall not interfere with his primary obligation to the City as its City
Manager. The City Manager shall keep the City Council fully informed in advance
of all travel and out-of-office activities.
C. In the event that the City Manager shall serve on any appointed boards or elected
boards of any professional organizations, or serve on any committees related to
the performance of his duties, responsibilities, and powers or related to his
professional activities, in the event that any monies are paid, or gifts are received
by the City Manager relating to such service, such money or other property shall
be paid over to or delivered to the City, unless otherwise provided for by City
Council resolution.
4. RESIDENCE
In accordance with Article VI of the City Charter, the City Manager shall remain a
resident of the City during his employment as the City Manager.
Note: This section was modified to reflect that the City Manager now resides in the
City.
5. RESPONSIBILITY OF CITY TO CITY MANAGER
The City shall provide the City Manager with all necessary office accommodations,
equipment, and necessary personnel necessary to perform his duties, services, and
responsibilities.
2
6. COMPENSATION
A. Base Salary. The City shall pay to the City Manager an annual salary of
$161,597.00 (plus any increase awarded pursuant to the Manager’s evaluation for
2005) payable in equal installments at the same intervals as the City’s other
administrative personnel are paid.
Note: The City Manager has received salary adjustments in 2001, 2002, 2003,
and 2004. The salary herein stated reflects the increase approved by the
City Council on June 18, 2004, but does not include any increase which
may be awarded on May 5,2005.
6. Benefits. As additional compensation, the City shall provide the following benefits
to the City Manager:
The City shall provide the City Manager with a car allowance of $ 650.00 per
month.
Note: This section has been modified to modify the car allowance and to
delete the other options previously available to the Manager.
Participation for the City Manager and immediate family in the City’s medical,
vision, dental, disability, and life insurance programs.
Participation in the personal leave, acute illness, and short-term disability
leave programs for City general employees. Upon execution of this
Agreement, the City Manager shall have a bank of ten (IO) personal leave
days and ten (IO) acute illness days and shall earn additional days in
accordance with the City policies applicable to general employees.
The City shall reimburse the City Manager for reasonable expenses incurred
by him in connection with and during the course and scope of his duties and
obligations pursuant to this Agreement, to the extent budgeted annually by
the City.
The City shall pay on behalf of the City Manager reasonable professional
dues, subscriptions, and seminar expenses as are related to the field of City
management and governmental administration, to the extent budgeted
annually by the City.
The City Manager shall receive fifteen (15) Administrative Leave days on
January 1 of each successive calendar year. In the event the City Manager
shall not take such additional paid compensation prior to the expiration of
each calendar year at the option of the City Manager, such days may not
accumulate from year to year.
3
Note: Language relating to the days granted upon execution of the
original contract was deleted and an additional five days per year is proposed.
The City shall contribute eighteen percent (18%) of the City Manager’s pay
period base salary to the City’s ICMA Retirement Corp. Executive Plan 401 (a)
Money Purchase Plan, or such other plan at the option of the City Manager,
such contributions being earned and paid per pay period. The City Manager
may contribute additional sums at his sole discretion.
The City shall provide the City Manager with a cellular phone and/or phone
service and a laptop computer for personal and business use during the term
of this Agreement.
Note: Language was deleted because the lump sum payment was paid
within the prescribed time limit.
The City Manager shall be entitled to any such other benefits provided to
general City employees to the extent not addressed herein, including a cost-
of-living adjustment by the ECI rate (US DOL Bureau of Labor Statistics State
and Local Government Employees Total Compensation figures) at the same
time as other general employees. Such further and additional benefits,
including any new retirement benefits, which are provided to general
employees now or in the future shall be provided to the City Manager. The
City may, at any time, provide such additional benefits solely to the City
Manager, as it may deem desirable to do so.
Note: New language mirrors the salary adjustment recently approved as part
of the Police Benevolent Association collective bargaining agreement
and ties further salary increases to the ECI rate. Additionally, the
language clarifies that the City Manager will be entitled to any new
benefits created for general employees, including any new retirement
benefits.
7. PERFORMANCE EVALUATION
The City Council shall review and evaluate the City Manager’s performance on an
annual basis each Anniversary Date. Annually, the City Council shall define such goals
and performance objectives which it determines necessary for the proper operation of
the City.
Note: Original language relating to the six-month evaluation was deleted. Merit
increase language was deleted (this is replaced by the ECI adjustment set forth
in Section 6.6.(9) herein).
4
8. I N DEM N I F I CAT1 0 N
The City shall indemnify and hold harmless the City Manager from all claims and suits
resulting from performance by the City Manager of his official duties in accordance with
the Charter and Code of the City, state law, and policy directives of the City Council
within the scope of his employment. Provided, however, if the City Manager pleads
guilty or nolo contendere (no contest) to, or is found guilty of, any criminal conduct, he
shall reimburse the City for any legal fees and expenses that the City has incurred or
otherwise paid for or on his behalf in connection with the charged conduct.
9. TERMINATION
This Agreement shall terminate:
A.
B.
C.
D.
E.
F.
IO.
A.
At any time by mutual agreement of the City Manager and the City.
Upon the expiration of the term of the City Manager’s employment, unless earlier
terminated pursuant to the provisions of this Agreement.
Upon the City Manager’s death.
At any time by the City’s unilateral termination of the City Manager’s employment,
with stated good cause, including, but not limited to, material breach of this
Agreement by the City Manager, or the conviction of the City Manager for any
illegal act, or any specific act or failure to act on the part of the City Manager which
constitutes a willful violation of the Charter.
At any time by the City’s unilateral termination of the City Manager’s employment
without stated good cause.
By unilateral action of the City Manager resigning, provided that the City Manager
shall give the City ninety (90) days’ written notice in advance of the resignation
termination date, unless the City Council agrees to accept a shorter notice of
termination.
SEVERANCE OR TERMINATION BENEFITS
There shall be no severance payment to the City Manager in the event the
Agreement is terminated pursuant to Paragraph 9.(B) or 9.(C) above. If the
Agreement is terminated pursuant to Paragraph 9.(A), any such benefit shall be
agreed upon by the City and the City Manager.
5
B.
C.
D.
E.
If this Agreement is terminated by the City Council, then the City shall pay to the
City Manager his base salary through the date of termination, plus reimbursement
for as-yet unreimbursed expenses pursuant to this Agreement, and such benefits
as are then earned, accrued, and payable, and such other benefits as may be
required by state law, regulation, City Charter, ordinance, or City policy.
In the event that termination shall be by the City Council pursuant to the provisions
of Paragraph 9.D, then no severance payment shall be made to the City Manager.
In the event that the City Council shall terminate the City Manager pursuant to the
provisions of Paragraph 9.E, then:
(1) The City shall pay the City Manager, as severance, an amount equal to his
then current annual salary. Such severance payment shall not be interpreted
as base salary for purposes of calculating other benefits due the City
Manager as though employed.
Note: Language deleted because the relocation reimbursement was paid in
2002.
(2) The City shall provide the City Manager and his immediate family with
medical, vision, dental, disability, and life insurance for one (1) year from the
date of termination to be paid by the City. Thereafter, the City Manager and
his dependents shall be eligible for continued participation pursuant to the
terms of those plans at their sole expense, at such rates and under the same
conditions applicable to dependents of general employees.
Note: This proposed amendment would allow the Manager, at his sole
expense, to purchase individual and dependant health insurance
coverage. This language is the same provided to the City
Councilmembers in Ordinance 34, 2004.
(3) The City shall not be obligated to make any payment under this subsection D
unless, within ten (IO) days from the date of termination, the City Manager
shall execute and deliver to the City a general release of the City and it
Council Members, and its officers, agents, and employees for all acts and
actions (whether accrued or subsequently accruing) from the beginning of
time until the date of the release, said release form to be prepared by and
satisfactory to the City Attorney. The City shall make all payments required
under this subsection D within five (5) days of receiving said general release.
In the event the City Manager shall resign, then in that event, the City Council shall
have the option to cause an earlier termination of the City Manager, without cause,
and in that event, severance shall be limited to payment to the City Manager of
such benefits as would have been earned until the date of termination proposed
under the City Manager’s notice of resignation.
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11.
A.
B.
12.
EFFECT OF TERMINATION
In the event of termination of this Agreement or the City Manager’s resignation, all
Citv property and all finished or unfinished City documents held by the City
Manager shall be tendered and delivered to the City as its property within five (5)
calendar days of the effective date of termination or separation.
The City shall not be obligated to pay or reimburse the City Manager for any
expenses, including travel expenses, job search expenses, and attorney’s fees
incurred by him in connection with or as a result of any termination of his
employment as the City Manager, except as may be provided pursuant to
Paragraph IO.
AMENDMENTS AND MODIFICATIONS
No modification of or amendment to this Agreement shall be valid unless reduced to
writing and signed by both parties. If, on the City Council’s request or with the City
Council’s consent, the City Manager continues in his employment as the City Manager
beyond the date of the expiration of his employment or other mutually-agreed upon
termination date, this Agreement shall remain in full force and effect during the
continuation of such employment, except as otherwise expressly provided by written
mu tu al ag re em en t .
13.
A.
B.
C.
D.
E.
F.
OTHER PROWS IONS
The recitals are true and correct and part of this Agreement.
The effective date of this Agreement shall be the last date it is executed by either
of the parties to this Agreement.
No collective-bargaining agreement to which the City is a party shall, in whole or in
part, govern, apply to, or be deemed a part of or incorporated into this Agreement.
Any civil action arising out of this Agreement or the nonperformance or breach of
any covenant contained in it shall be brought only in Palm Beach County, Florida.
The City’s waiver of any breach of any term, condition, or covenant of this
Agreement shall not constitute the waiver of any other breach of the same or any
other term, condition, or covenant of this Agreement.
This Agreement is binding upon the City Manager’s heirs and personal
representatives and on the City regardless of any changes in the persons holding
office as members of the City Council.
G. If any provision of this Agreement or the application of any provision to any party or
circumstance shall be prohibited by or invalid under applicable law, that provision
shall be ineffective to the extent of such prohibition or invalidity without invalidating
the remaining provisions of this Agreement or their application to other parties or
circumstances. This Agreement and its terms, conditions, and covenants
contained in it shall be governed by construed in accordance with the laws of the
State of Florida.
H. This Agreement contains the entire Agreement between the City and the City
Manager. All prior agreements and understandings, whether written or oral,
pertaining to the City’s employment of the City Manager are fully abrogated and of
no further force and effect from and after the date of this Agreement.
I. Regardless of which party or whose attorney prepared the original draft and
subsequent revisions of this Agreement, the City and the City Manager have had
equal opportunity to contribute to and have contributed to its contents, and this
Agreement shall not be deemed to be the product of, and therefore, construed
against either of them.
J. The omission from this Agreement of a term or provision contained in an earlier
draft of this Agreement shall have no evidentiary significance regarding the
contractual intent of the parties.
K. This Agreement may be executed in duplicate or in counterparts, each of which
shall be deemed an original and all of which together shall be deemed one and the
same instrument. No term, condition, or covenant of this Agreement shall be
binding on either party until both parties have signed it.
(The remainder of this page left intentionally blank)
8
EXECUTED by the City on this - day of ,2005.
CITY OF PALM BEACH GARDENS
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, City Clerk, CMC
EXECUTED by the City Manager this day of ,2005.
WITNESSES:
By:
Ronald M. Ferris
By:
\\Pbgsfile\Attorney\attorney_share\AGREEMENTS\EMPLOYMENT AGREEMENT ferris 2005-final clean.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 14, 2005
Meeting Date: May 5, 2005
Resolution: 60, 2005
Su bject/Agenda Item: Resolution 60,2005 -Approve a financial assistance agreement
with Palm Beach County for beautification of medians on Northlake Boulevard from the
Florida Turnpike east to Green Meadows Way as part of the Keep Palm Beach County
Beautiful Grant Program in the amount $73,405. Total project cost is estimated at
$146,810.
[ X ] Recommendation to APPROVE
11 Recommendation to DENY
qeviewed by:
Xy Attorney
Community &rwz&
Administrator
Department
Administrator
Cit$Man&er
~ ~~
3riginating Dept.:
4ngela Wong
3perations Manager d
Community Services
Department
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
2osts: $146,810.00
(Total)
$146,810.00
Current FY
Funding Source:
[ ]Operating
[ X ] Other
Capital Project
Budget Acct.#:
001 -2080-51 9.6900
2ouncil Action:
] Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Location Map
Resolution 60, 2005
Exhibit A: PBC
Financial Assistance
Agreement
[ ]None
Date Prepared: April 14,2005 Meeting Date: May 5,2005 Resolution: 60,2005 BACKGROUND: The City was awarded a grant through the Keep Palm Beach County Beautiful (KPBCB) program in an amount not to exceed $73,405, which is half of the total project cost estimated at $146,810.00, for beautification of certain medians along Northlake Boulevard from the Florida Turnpike east to Green Meadows Way. Resolution 60,2004 approves a financial assistance agreement with Palm Beach County for such improvements. After installation, the City will assume maintenance responsibilities and incorporate these areas into the existing landscape maintenance contract. This venture will provide the city with quality control over the aesthetics of the right-of- way, and allows the city to improve and maintain highly visible areas to a more stringent standard than may be set by the County or State. The annual maintenance of the improvements is approximately $1 0,000.
City and County staff feel that this agreement is mutually beneficial and an efficient way to accomplish the
following as outlined in the City’s code of ordinances, Chapter 78, Land Development, Division 8,
Landscaping, Sec. 78-301 :
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Improve and sustain the aesthetic appearance of the city.
Improve air and water quality by such natural processes as transpiration and the maintenance of
permeable land areas for aquifer recharge.
Buffer noise and reduce pollution through the filtering capacity of living trees and vegetation.
Promote energy conservation through the creation of shade, which reduces heat gain on paved areas
and channel breezes to facilitate the natural cooling of buildings.
Conserve freshwater resources through the use of drought-tolerant plants and mulch and by utilizing
water efficient irrigation systems.
Staff is currently preparing a bid for annual landscape installation that includes this project, which is scheduled
for contract award in June 2005. Construction will commence upon approval of the contract award. Other
segments scheduled for beautification include Military Trail from Lilac Street south to Square Lake Drive S.
and from 1-95 north to the EPB3C Canal, one median on Military Trail just north of Lillian Avenue, and
Northlake Boulevard from Military Trail west to Green Meadows Way, all of which are partially grant funded.
After completion of these projects, the entire stretch of medians on Northlake Boulevard from Military Trail to
the Florida Turnpike as well as Military Trail will be improved in accordance with City codes.
Therefore, staff recommends approval of Resolution 60, 2005 as presented.
STAFF RECOMMENDATION: Approve Resolution 60, 2004 authorizing the execution of a financial
assistance agreement with Palm Beach County for beautification of medians on Northlake Boulevard from the
Florida Turnpike east to Green Meadows Way as part of the Keep Palm Beach County Beautiful Grant
Program in the amount $73,405.
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RESOLUTION 60,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A FINANCIAL
ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR
MEDIAN BEAUTIFICATION ON NORTHLAKE BOULEVARD FROM
THE FLORIDA TURNPIKE EAST TO GREEN MEADOWS WAY AS
PART OF THE KEEP PALM BEACH COUNTY BEAUTIFUL GRANT
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has expressed its desire to beautify all public road
rights-of-way through the adoption of a Roadway Beautification Plan and the creation of
minimum standards for installing and maintaining landscaping; and
WHEREAS, it finds a direct public benefit in the beautification of state and county
roads throughout the City of Palm Beach Gardens; and
WHEREAS, the City was awarded a grant in the amount of $73,405 from Palm
Beach County through the ”Keep Palm Beach County Beautiful” program for medians
located on Northlake Boulevard from the Florida Turnpike east to Green Meadows Way
that are in need of landscaping and irrigation; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens to enter
into said agreement with Palm Beach County, which is attached hereto and incorporated
herein as Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the financial assistance agreement
between the City of Palm Beach Gardens and Palm Beach County and hereby authorizes
the Mayor and City Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: April 14, 2005
Date Prepared: April 14,2005
Resolution 60,2005
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PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
---
4
Ghttorney-share\RESOLUTIONS\financial asst agmt with PBC for Northlake Blvd - reso 60 2005.doc
2
Date Prepared: April 14, 2005
Meeting Date: May 5,2005
Resolution: 60, 2005
EXHIBIT A
Palm Beach County Financial Assistance Agreement
March 24,2005
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
Palm Beach County
Board of County
Commissioners
Tony Masilotti. Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
-An Equal opportunity
Affirmative Action Employer"
Angela Wong
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Financial Assistance Agreement with the City of Palm Beach Gardens
for Northlake Boulevard from Florida's Turnpike to Green Meadows Way
Beautification Improvements.
Dear Ms. Wong:
The Board of County Commissioners has allocated County Beautification funds to the
City of Palm Beach Gardens in an amount up to $73,405.00 eligible (or 50% of the
installation costs) for beautification within the medians of the County's Northlake
Boulevard from Florida's Turnpike to Green Meadows Way.
Enclosed are two originals of the Financial Assistance Agreement which provide the
terms under which reimbursement can occur. Please have both originals executed by
the Mayor or other official designated by the City and then return both originals to me
so this item can go before the County Commission for final execution. Following that
approval and the signature of the Chairman, I will return one fully executed original to
you for your records.
Your efforts to enhance the quality of life in Palm Beach County are appreciated. If
you have any questions, please contact me or Jason Weber at 684-4100.
Since re1 y,
Streetscape Section
Attachments: Two original copies of the Financial Assistance Agreement
pc: G. Haney Frakes, Jr., P.E. Assistant County Engineer
File: Roads - Northlake Boulevard
Municipalities - City of Palm Beach Gardens
Keep Palm Beach County Beautiful
n
CITY OF PALM BEACH GARDENS - NORTHLAKE BLVD BEAUTIFICATION
FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS
FOR BEAUTIFICATION IN THE COUNTY'S RIGHT OF WAY FOR NORTHLAKE
BOULEVARD
THIS INTER-LOCAL AGREEMENT, is made and entered into this day of
,2005, by and between CITY OF PALM BEACH GARDENS, a
municipal corporation of the State of Florida, hereinafter "CITY", and PALM BEACH
COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY".
a VVI I NE33K I H:
9 WHEREAS, CITY desires to install beautification within the medians of Northlake
10
11 "IMPROVEMENTS"; and
12
13 County Beautiful, Inc.; and
Boulevard from Florida's Turnpike to Green Meadows Way, hereinafter
WHEREAS, CITY applied for this County funded grant thru Keep Palm Beach
ld WUFRFAS tho Rnard nf Pni inhr Pnmmiccinnnrc gnnrn\rnd 9 nrant zillnt-dinn nf
15
16
17 I' agreements herein contained, the parties agree as follows:
1; 18 I 1. The above recitals are true, correct and are incorporated herein.
19 COUNTY agrees to reimburse CITY for fifty percent (50%) of the cost of the
2 o 1 IMPROVEMENTS, not to exceed a maximum amount of SEVENTY THREE THOUSAND
21 , FOUR HUNDRED FIVE AND 00/100 DOLLARS ($73,405.00), whichever is less, of the
22 ' cost of the initial installation, hereinafter "IMPROVEMENTS1'.
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$73,405.00 (50% of the total cost) to the CITY.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
2.
3. COUNTY agrees to reimburse CITY the amount established in paragraph 2
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for costs (materials and labor) associated with the installation of the IMPROVEMENTS,
upon CITY'S submission of acceptable documentation needed to substantiate its costs for
the IMPROVEMENTS. COUNTY will use its best efforts to provide said funds to CITY on a
reimbursement basis within forty-five (45) days of receipt of all information required in
Paragraph 6, below.
4. COUNTY'S obligation is limited to its payment obligation and COUNTY shall
have no obligation to any other person or entity.
5. CITY agrees to assume all responsibility for design, bidding, contract
preparation, and contract administration for the installation of the IMPROVEMENTS,
including payment(s) to contractor(s), pursuant to all applicable governmental laws and
regulations and will comply with all applicable governmental landscaping codes and
permitting requirements in the selection and installation of the IMPROVEMENTS. CITY
agrees to install the IMPROVEMENTS substantially in accordance with the plans,
specifications and costs as permitted by COUNTY. CITY also agrees to assume financial
responsibility for the completion of any portions of the IMPROVEMENTS that are not fully-
funded by the amount set forth in Paragraph 2, above. Otherwise, COUNTY will have the
1
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CITY OF PALM BEACH GARDENS - NORTHLAKE BLM BEAUTIFICATION
1 , final determination of the eligibility for reimbursement of any changes. Substantial
2
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4 Landscape Architect.
5l 6. CITY will obtain or provide all labor and materials necessary for the design
6 i, and installation of the IMPROVEMENTS. COUNTY shall have the final determination of
7 $1 eligibility for reimbursement. CITY shall furnish the Manager, Streetscape Section, of
8 COUNTY'S Department of Engineering and Public Works with a request for payment
9 supported by the following:
variations from the permitted plans shall require prior written approval from COUNTY
Engineer's Office. The final drawings must be signed and sealed by a Florida Registered
10 a. A statement from a Florida Registered Landscape Architect that the
11 IMPROVEMENTS have been inspected and were installed substantially in
12 accordance with the permitted plans for the IMPROVEMENTS, and;
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b. A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhibit "A"
(pages 1 and 2) which are required for each and every reimbursement I
requested by CITY. Said information shall list each invoice paid by CITY and I
shall include the vendor invoice number, invoice date, and the amount paid '
by CITY. CITY shall attach a copy of each vendor invoice paid by CITY along
with a copy of the respective check and shall make reference thereof to the
applicable item listed on the Contractual Services Purchases Schedule
21 Form. Further, the Program Administrator and the Mayor of CITY, or his
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designee shall also certify that each vendor invoice listed on the Contractual
Services Purchases Schedule Form was paid by CITY as indicated.
CITY shall maintain adequate records to justify all charges, expenses, and
costs incurred in performing the IMPROVEMENTS for at least three (3) years after the
completion of the IMPROVEMENTS. COUNTY shall have access to all books, records and
documents as required in this Section for the purpose of inspection or audit during normal
business hours.
7.
8. CITY agrees to be responsible for the perpetual maintenance of the
IMPROVEMENTS following its installation and shall be solely responsible for obtaining and
complying with all necessary permits, approvals, and authorizations from any federal, state,
regional, or COUNTY agency which are required for the subsequent maintenance of the
IMPROVEMENTS.
9. All installation of the IMPROVEMENTS shall be completed and final invoices
submitted to COUNTY no later than September 30, 2006, and COUNTY shall have no
obligation to CITY or any other entity or person for any cost incurred thereafter unless the
time for completion is extended by modification of this Agreement as provided herein.
IO. CITY recognizes that it is an independent contractor, and not an agent or
3 9 servant of COUNTY or its Board of County Commissioners. In the event a claim or lawsuit
2
CITY OF PALM BEACH GARDENS - NORTHLAKE BLM BEAUTIFICATION
is brought against COUNTY, its officers, employees, servants or agents, relating to the
IMPROVEMENTS or any item which is the responsibility of CITY, CITY hereby agrees to
indemnify, save and hold harmless COUNTY, its officers, employees, servants or agents,
and to defend said persons from any such claims, liabilities, causes of action and
judgments of any type whatsoever arising out of or relating to the existence of the
IMPROVEMENTS or the performance by CITY as may relate to this Agreement. CITY
agrees to pay all costs, attorney's fees and expenses incurred by COUNTY, its officers,
employees, servants or agents in connection with such claims, liabilities or suits except as
may be incurred due to the negligence of COUNTY.
1 1. CITY shall, at all times during the term of this Agreement (the installation and
existence of the IMPROVEMENTS), maintain in force its status as an insured corporation.
As provided in F.S. 287.132-133, by entering into this Agreement or 12.
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performing any work in furtherance hereof, CITY certifies that its affiliates, suppliers, sub-
contractors, and consultants who perform work hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management
Services within 36 months immediately preceding the date hereof. This notice is required
by F.S. 287.1 33(3)(a).
13. CITY shall require each contractor engaged by CITY for work associated with
this Agreement to maintain:
a. Workers' Compensation coverage in accordance with
Florida Statutes, and;
b. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION AND 00/100
DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage as
an additional insured.
c. A payment and performance bond for the total amount of the
IMPROVEMENTS in accordance with Florida Statute 255.05.
In the event of termination, CITY shall not be relieved of liability to COUNTY
for damages sustained by COUNTY by virtue of any breach of the contract by CITY; and
COUNTY may withhold any payment to CITY for the purpose of set-off until such time as
the exact amount of damages due COUNTY is determined.
14.
15. CITY'S termination of this AGREEMENT shall result all obligations of COUNTY
for funding contemplated herein to be canceled.
16. COUNTY and CITY agree that no person shall, on the grounds of race, color,
national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated
against in performance of the Agreement.
17. COUNTY may, at COUNTY'S discretion and for the duration of the
IMPROVEMENTS, install signs within the public property or easement, notifying the public
3 9 that the IMPROVEMENTS were funded with COUNTY dollars.
3
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CITY OF PALM BEACH GARDENS - NORTHLAKE BLVD BEAUTIFICATION
18. In the event that any section, paragraph, sentence, clause, or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
All notices required to be given under this Agreement shall be in writing, and
deemed sufficient to each party when sent by United States Mail, postage prepaid, to the
following:
19.
AS TO COUNTY
Manager, Streetscape Section
Palm Beach County Department of
10 Engineering and Public Works
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Post Office Box 21229
West Palm Beach, Florida 3341 6-1 229
AS TO CITY
City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
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20. This Agreement shall be construed and governed by the laws of the State of ~
Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm
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Beach County. No remedy herein conferred upon any party is intended to be exclusive of ,
any other remedy, and each and every other remedy shall be cumulative and shall be in j
addition to every other remedy given hereunder or now or hereafter existing at law or in I
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy shall preclude any other or further exercise thereof.
Any costs or expenses (including reasonable attorney’s fees) associated with
the enforcement of the terms and conditions of this Agreement shall be borne by the
respective parties; provided, however, that this clause pertains only to the parties to the
Agreement.
,
21.
22. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and equality of
dignity herewith.
23. Each party agrees to abide by all laws, orders, rules and regulations and
CITY will comply with all applicable governmental landscaping codes in the maintenance
and replacement of the IMPROVEMENTS.
4
CITY OF PALM BEACH GARDENS - NORTHLAKE BLM BEAUTIFICATION
24. The parties to this Agreement shall not be deemed to assume any liability for
the negligent or wrongful acts, or omissions of the other party (or parties). Nothing
contained herein shall be construed as a waiver by any of the parties, of the liability limits
established in Section 768.28, Florida Statutes.
25. CITY shall promptly notify COUNTY of any lawsuit-related complaint, or
cause of action threatened or commenced against it which arises out of or relates, in any
manner, to the performance of this Agreement.
26. The parties expressly covenant and agree that in the event any of the parties
is in default of its obligations under this Agreement, the parties not in default shall provide
to the defaulting party thirty (30) days written notice before exercising any of their rights.
The preparation of this Agreement has been a joint effort of the parties, and
the resulting document shall not, solely as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
11 27.
14 This Agreement represents the entire understanding among the parties, and
15 ~ supersedes all other negotiations, representations, or agreements, either written or oral,
16 relating to this Agreement.
17
18 , and for Palm Beach County, Florida.
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29. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in
30. This Agreement shall take affect upon execution and the effective date shall
be the date of execution.
(INTENTIONALLY LEFT BLANK)
5
CITY OF P LM BEACH GARDENS - NORTHLAKE BLVD BE UTIFI CAT1 N
WITNESS WHEREOF, the parties have executed this Agreement and it is
ctive on the date first above written.
CITY OF PALM BEACH GARDENS
6 By: By:
7 CITY CLERK MAYOR
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
CITY ATTORNEY
PALM BEACH COUNTY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
ATTEST:
SHARON R. BOCK, CLERK & COMPTROLLER
By:
DEPUTY CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
ASSISTANT COUNTY ATTORNEY
F: MEDIANWTW\KPBCB04-05\AGqPBG_N-LAKE
TONY MAS1 LOTTl, C HA1 RMAN
APPROVED AS TO TERMS
AND CONDITIONS
BY:
6
'(r
CITY OF PALMBEACH GARDENS
'I Pm BEACH COUNTY, FLORIDA
? PROCLAMATION
WHEREAS, the Holocaust was the state-sponsored, systematic persecution
and annihilation of European Jewry by Nazi Germany and its collaborators
between 1933 and 1945; and
I WZEREAS, Jews were the primary victims - six million were murdered; and
WHE€U%AS, the history of the Holocaust offers an opportunity to reflect the
I? moral responsibilities of individuals, societies and governments; and
WHEREAS, the people of the world should always remember the terrible
events of the Holocaust and remain vigilant against hatred, persecution and
tyranny; and
IVHEREAS, our community should actively rededicate ourselves to the
principles of individual freedom in a just society; and
WZEREXS, pursuant to an Act of Congress, the United States Memorial
Council designates the Days of Remembrance of the Victims of the Holocaust
to be Su&y, May let through Sunday, May 8,2005 including the
international Day of Remembrance known as Yom Hashoah, May 6h.
NOW, THEREFORE' I, Joseph R. Russo, Mayor of the City of Palm Beach
Gardens, Florida, do hereby proclaim the week of May la through May P,
2005, as
DAYS OF REMEMBRANCE
In memory of the victims of the Holocaust.
IN WlTNESS WEEREOF, I baue hemam80
.st #qy had dcd the seal of us a@
of Palm Beach CardCM. Florida, to be
afp.ca tAim gLL hy of May, in the year !bo
!rhouaddFiva.
.1
4'
PATRICIA SNIDER, CMC CITY CLERK
JOSEPH R. RUSSO, MAYOR
GITYOFPALMBEACH GARDENS
PALMBEACH COUNTY, FLORIDA
PROCWTZON
M!ElWMS, 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 "civitcrs" meaning city and 'kivis"
meaning citizen, is behavior worthy of citizens living in a community or in common
with others; and
WHEREAS, displays of anger, ructeness, ridicule, impatience, and a lack of respect
and personal attacks de-t from the open exchange of &as, prevent f&r discussion
of the issues, and can discourcge individuals from participation in government; and
WHEREAS, civility can assist in reaching consensus on diverse issues and allow for
mutually respectful ongoing relationships; and
WHEBEAS, civility can uplift our drrily life and make it more pleasant to live in an
organized society; and
WHEREAS, the City, County and Local Government Law Section of The Flurida Bar
urges the adoption of a pledge of civility by all citizens in the State of Florida.
NOW, lBEREFORE, I, Joseph R Russo, Mayor of the City of Palm Beach Garah, Florida,
do hereby proclaim the month of May 2005, as CWILITY MONTH in the City of Palm
Beach Gardens and call upon all citizens to exercise civility toward each other.
IN WITNESS WHEREOF, I have henunto
of Palm Baa& Godens, Florida, to be
tbia P Day of May, in the year !hb
!rho~andandFius.
sc: may k0nd 4Adc4u8dd the seal of tke city
JOSEPH R. RUSSO, MAYOR
PAFWCIA SNIDER, CITY CLEM, CMC
e<,
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 8,2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
SubjecdAgenda Item:
Ordinance 13,2005 & Resolution 44,2005: Waterford Hotel PUD Amendment
Public Hearing & Second Reading: A request by Marty Minor of Urban Design Studio, on
behalf of Savol of Florida Inc., for approval of an amendment to the Waterford Hotel Planned
Unit Development (PUD) to allow for a 1,710 square-foot restaurant. The Waterford Hotel PUD
is located at 11360 US Highway One, which is approximately l/lOth of a mile south of the
intersection of US Highway One and PGA Boulevard.
[XI Recommendation to APPROVE with 4 waivers
I 1 Recommendation to DENY
Reviewed by:
Planning and Zoning
Division Director qp
Tala1 Benothman, AICP
City Attorney
Development
Compliance &(J
Bahareh Keshavarz-Wolfs,
AICP
Approved By:
Originating Dept.: :;;I: M7nent:
Manager
Brad Wiseman
Senior Planner
[XI Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
Advertised:
[XI Required
Date: 4/21/05
Paper: PB Post
Affected parties:
[XI Notified
[ ] Not Required
FINANCE:
Costs: $N/A
Total
$- NIA
Current FY
Funding Source:
[ ] Operating
[XI Other-NA
Budget Acct.#:
NA
City Council Action:
[ J Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
Reduced Plans
CESM Final Order
Ordinance 14, 1996
Ordinance 18, 1992
Ordinance 53, 1988
Applicant Narrative
Ordinance 13,2005
Resolution 44,2005
Date Prepared: April 8,2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
EXECUTIVE SUMMARY
The subject petition is an amendment to the Waterford Hotel Planned Unit Development (PUD)
to allow for a 1,710 square-foot restaurant. The applicant is proposing an amended site plan that
satisfies the required parking for the restaurant and hotel. Staff recommends approval of
Ordinance 13, 2005 and Resolution 44, 2005 with four waivers and ten conditions of approval.
On April 7,2005, the City Council voted 5-0 to approve Ordinance 13,2005 on first reading.
BACKGROUND
On February 16, 1988, the City Council approved the Garden Suites Hotel Planned Unit
Development (PUD), through the adoption of Ordinance 53, 1988. This approval consisted of a
four-story hotel with a total of 90 rooms. Prior to PUD approval, a 1,880 square-foot bank
existed on-site. On February 21, 1991, the City Council approved Resolution 22, 1991, which
allowed for an additional building sign for the hotel. The first PUD amendment was approved
by the City Council on August 6, 1992, via Ordinance 18, 1992, to allow for the construction of a
pool facility. Subsequently, Ordinance 14, 1996, provided for approval of a PUD amendment
that permitted the demolition of the bank and construction of a 7,507 square-foot ancillary
building. The uses permitted in the ancillary building were meeting space, professional office,
and a continental breakfast service for hotel guests. This approval did not provide for a full-
service restaurant.
On October 2,2003, City Councilmember Joseph Russo contacted the City and requested staff to
research the legal conformance of the existing Fresco Restaurant at the Waterford Hotel.
Councilmember Russo indicated he remembered that the Waterford Hotel PUD was not
approved for a restaurant; and therefore, the Fresco Restaurant would need approval from the
City Council. Staff conducted the requested research and found out that the full-service
restaurant was not approved by the City Council nor did the applicant apply and receive and
occupational license from the City. Subsequently, the City’s Code Enforcement Division issued
a Notice of Violation and gave the owner until November 21, 2003, to receive a City
occupational license. Since the restaurant had not been approved by the City Council, staff was
unable to issue an occupational license. Therefore, the restaurant was found in Violation of City
Code Section 78-742(a)(2) at the Special Master’s Hearing on December 1, 2003. At this
hearing, the Special Master granted the applicant 150 days to receive City Council approval for
the restaurant. The applicant was unable to meet this deadline and was granted a time extension
to November 15, 2004, by the Special Master on May 3, 2004. The applicant was also unable to
meet this deadline and was given until April 3, 2005, to receive City Council approval. Finally,
the applicant was granted a final extension to May 20, 2005, on March 3, 2005, by the Special
Master.
The subject petition proposes the inclusion of the restaurant use into the PUD. To satisfy
required parking, the applicant has reduced the number of hotel rooms by 13; converted the
meeting rooms into multi-purpose space; withdrawn the outdoor seating request; and added two
additional parking spaces. The applicant is also providing additional landscaping and various site
improvements.
2
Date Prepared: April 8, 2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
LAND USE & ZONING
The subject site has a future land-use and Vision map designations of Commercial (C). The
subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of
General Commercial (CG-1).
CONCURRENCY
The subject petition received a traffic equivalency approval from the City and Palm Beach
County for the proposed restaurant.
PROJECT DETAILS
Site Access
The subject site is primarily accessed via US Highway One. A secondary access point exists at
the northeastern portion of the site, adjacent to the Miami Subs fast-food restaurant. The
secondary access point, currently connecting the two sites, is proposed to be eliminated with this
petition. However, the City approved site plan does not reflect this secondary access point.
As required by Section 78-345, 1.1 parking spaces are required per hotel room; and restaurants
shall have one space per 250 square feet plus one space per 150 square feet for each employee.
The total required parking for this site is 103 spaces, and 103 spaces have been provided on-site.
In order to meet the City Code required parking, the applicant is proposing to eliminate 13
existing hotel rooms. These 13 hotel rooms will be converted into suites by adjoining adjacent
rooms together. Therefore, the applicant is proposing 77 total hotel rooms, which requires 85
parking spaces. Furthermore, the applicant is proposing to convert the existing meeting rooms
into a multi-purpose area. The multi-purpose area may be utilized as storage, an exercise room,
or as a gathering space for patrons staying at the hotel. Parking is not required for multi-purpose
rooms, and the parking requirement (23 spaces) for the meeting rooms will be eliminated. The
restaurant requires 18 parking spaces, which the applicant has reflected on the site plan. No
outdoor seating is proposed with this petition.
Landscaping
A landscape plan has been provided consistent with the City Code. The applicant has also
provided additional landscape improvements to further enhance the appearance of the site. Live
Oaks, Crinum Lilys, and Jasmine plantings have been added to the US Highway One buffer to
assist in screening adjacent parking spaces. Additional landscaping has also been provided
around the foundation of the hotel building, which consists of Pygmy Date Palm clusters. At the
northeastern portion of the site, where the secondary access point was removed, several Cat
Palms are also proposed to hrther screen the site. At the rear of the ancillary building and
adjacent to the pool, several Macarthur Palms are also proposed.
3
Date Prepared: April 8,2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
Code Section
Section 78-344
Zonstruction and
Maintenance
Section 78-153:
Nonresidential
Zoning District
Regulations
Section 78-153:
Nonresidential
Zoning Districts
Section 78-186:
Yards
Architecture
Required
10-foot wide parking
spaces
50-foot front setback
36-foot Building
Height Maximum
15-foot buffer when
a commercial use
abuts residential
No architectural improvements are proposed with this petition. The applicant requests to
maintain the existing architecture of the hotel and ancillary building.
Provided
Signage
Waiver Discussion
The applicant is not proposing any additional signage with this petition, except for the restaurant
name to be approved to be included on the existing monument sign adjacent to US Highway
One. The restaurant name is currently reflected on the monument sign.
4 1 -foot setback 10’
(Existing Condition)
50-foot high 14’
building
(Existing Condition)
8-foot landscape 7’
buffer at east
property line
(Existing Condition)
Waivers
(2)
APPROVAL
(3) APPROVAL
(4)
APPROVAL
The applicant is requesting the following four waivers:
9.5-foot wide
parking spaces
.5’ (1)
APPROVAL
1) The applicant is requesting a waiver from Section 78-344, to allow for 53, 9.5’wide
parking spaces. Section 78-344 permits a reduced parking space width if 1.5 additional
square feet of open space is provided per square foot of reduced pavement. The additional
open space requirement for the Waterford Hotel PUD is 735 square feet (53 spaces x 9.25
reduced asphalt x 1.5). This additional open space has been identified on the site plan.
Staff has no concerns with this waiver request.
2) The applicant is requesting a waiver from Section 78-153, which requires a minimum
front building setback of 50 feet in the CG-1 Zoning District. This waiver will allow the
existing building to remain 41 feet from the front property line. Staff has no concerns
with this waiver request.
4
Date Prepared: April 8,2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
3) The applicant is requesting a waiver from Section 78-153, which requires a 36-foot
maximum building height in the CG-1 Zoning District. This waiver will allow the
existing building height to remain at 50 feet. Staff has no concerns with this waiver
request.
4) The applicant is requesting a waiver from Section 78-186, to allow for a landscape buffer
of eight feet adjacent to the east property line that abuts a residential community (Twelve
Oaks). This waiver will allow the existing landscape buffer to remain at eight feet as
previously approved. Increasing this landscape buffer would eliminate several parking
spaces, which would create a parking shortage. Staff has no concerns with this waiver
request.
PLANNING, ZONING, AND APPEALS BOARD
The Planning, Zoning, and Appeals Board (PZAB) held a workshop for the subject petition on
August 10, 2004. The PZAB directed staff to bring the petition back once the City Engineer had
completed his parking study analysis. The PZAB did not issue any other comments on this
petition at the workshop.
On November 9, 2004, the PZAB reviewed the subject petition at a public hearing. At the time
of the PZAB’s review, the proposed site plan was deficient by 49 parking spaces. To justify this
request, the applicant proposed 25 off-site parking spaces and a parking demand study. Staff did
not support the applicant’s request and recommended denial of the subject petition to PZAB.
The PZAB voted 7-0 to recommend denial of the subject petition and raised the following
comments (Staffs responses are in italics):
1.) The amount of deficient parking (49 spaces) the applicant is requesting is astounding,
and it’s unlike any other petition brought before the PZAB for review. The applicant has
revised the site plan to reflect compliance with the parking allotment required by City
Code. To satisb the required parking, the applicant has eliminated 13 hotels rooms;
converted ’ the meeting rooms into multi-purpose space; withdrawn the outdoor seating
request; and added two additional parking spaces.
2.) The restaurant was never an approved use, and on-site parking was not taken into
account during the design and review of the PUD. The proposed site plan reflects
compliance with the City Code requiredparking for the restaurant and hotel.
3.) Off-site parking across US Highway 1 is not a remedy to the parking problem because it
is unsafe for employees and the lease may expire at any time. The applicant has
withdrawn this request and has provided all required parking on-site.
4.) Taking into account the hotel and meeting rooms, on-site parking may be deficient even
without the restaurant. The applicant has eliminated the meeting rooms and has justiJied
this PUD amendment request by providing all City Code required parking on-site.
5
Date Prepared: April 8,2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
COMMENTS FROM THE PUBLIC
Four residents of the Twelve Oaks residential community raised the following concerns during
the PZAB public hearing (stafs responses are in italics):
1.) The Twelve Oaks Board of Directors supported the Waterford Hotel PUD during the
approval process on the basis that a restaurant would not be proposed on the subject site.
It’s stafs professional opinion that the inclusion of the restaurant into the PUD is
justi9ed based on the proposed modijications to the site plan.
2.) The Twelve Oaks Board of Directors recently voted to recommend denial of the
proposed restaurant to the City of Palm Beach Gardens. Since that time, the applicant
has modified the site plan to meet the City Code requiredparking, and eliminated the
outdoor seating request.
3.) The current outdoor seating operation generates high volumes of noise. Particularly, the
noise from Sunday brunches and bands playing late at night are unbearable. Staffhas
included a condition of approval in Resolution 44, 2005, which prohibits outdoor
seating for the restaurant and all outdoor musical entertainment.
CITY COUNCIL
The City Council voted 5-0 on April 7, 2005 to pass Ordinance 13, 2005 onto second reading
with Resolution 44, 2005 as a companion item. Mr. Jeff Rembaum, who is the attorney
representing the Twelve Oaks community, stated that the HOA and the owner of the Waterford
Hotel reached a resolution on how to mitigate the residents’ concerns. He proposed three
additional conditions of approval, which the applicant accepted. Staff has included these
conditions as eight through ten in Resolution 44,2005.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 13, 2005 and Resolution 44, 2005 with the
waivers and conditions provided therein.
6
2
I' EXISTING USE
Su biect Property
North
South
West
I
Date Prepared: April 8,2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
TABLE 1 ~
GANR LAND YSF
ZONING
Planned Unit Development
General Commercial
General Commercial
(PW
(CG-1)
(CG-1 )
Professional Off ice
(PO)
Planned Unit Development
Genera I Com m e rcia I (PUW
(CG-1)
Residential - Palm Beach
County
Commercial
Commercial
Professional Office
Commercial
Residential (Twelve Oaks)
- Palm Beach County
7
Date Prepared April 8,2005
Meeting Date: May 5,2005
Ordinance 13,2005 & Resolution 44,2005
TABLE 2
NCY WITH kHE C ** ‘
Code Requirement Proposed Plan Cons is tent?
Site =
100 feet:
Minimum Site Width 560 feet Yes
Maximum Building Lot 17% Yes
Coverage: 35%
Maximum Building Height: 50 feet No, Waiver
36 feet Requested
Setbacks: No, Waiver
Front: 50 feet Front: 41 ’ Requested for Front
Side: 15 feet Side: 58’
Rear: 15 feet Rear: 54’
Setback
Parking Required:
103 spaces
103 spaces Yes
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Return To:
Kelvin Wise: Code Enforcement Administrator
Code Enforcement Division
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
. CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MASTER
FINAL ORDER
CASE NO.: 03-643
RESPONDENT:
Steven Lovas, President
MAILING ADDRESS:
Savol of Florida, Inc.
2283 Marseilles Drive
Palm Beach Gardens, FL
CERTIFIEDNO.: 71603901984202531412
PREMISES:
11360 U.S. Highway One
Palm Beach Gardens, FL 33410
PCN:
52-43-42-04-00-007-00 10
The Code Enforcement Special Master has heard testimony, at the Code Enforcement Special Master
hearing held December 1,2003. Based upon the evidence, the Code Enforcement Special Master
enters the FOLLOWING FINDINGS OF FACT & CONCLUSIONS OF LAW AND ORDER:
Finding Of Fact
The testimony and evidence presented to the Special Master established that the subject property is in
violation of the Code Sections listed below; that the facts constituting the violations as set forth in
the Notice of Violation are incorporated herein by reference; the violations have existed for a period
of time sufficient to have been corrected by the Respondent or agent; and that the Respondent was
represented at the hearing.
Page 1 of3
Return To:
Kelvin Wise: Code Enforcement Administrator
Code Enforcement Division
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
The facts show a violation of th
Gardens exists:
Conclusion of Law
following Sections of the Code f the City of Palm Beach
Section: 66-46 - Engaging in business without license or upon false statements.
78-49 - Amendments to approved development orders.
The facts show a violation of the following Sections of the Code of the City of Palm Beach
Gardens existed past the established compliance date in the Notice of Violation:
Section: 66-46 - Engaging in business without license or upon false statements.
78-49 - Amendments to approved development orders.
Special Masters Order
It is the Order of this Special Master that the Respondent or his agent shall obtain an amendment to
the development order within 150 days, or by April 29,2004 that will allow the restaurant and bar to
use the ancillary building on the property (Ordinance 14, 1996). The Respondent, or his agent shall
be provided the opportunity to come back before the Special Master and request more time if such
time is warranted. If the petition for the amendment is denied by City Council, the Respondent, or his
agent shall be ordered to cease and desist operation of the restaurant and bar known as Fresco within
30 days of the order or be assessed a fine of $125.00 per day for each day the violations continue to
exist.
If the Respondent or agent fails to comply, a certified copy of this Order shall be recorded in the
public records of the Office of the Clerk of the Circuit Court in and for Palm Beach County.
Once recorded, shall constitute a lien against the property upon which the violations exist or any
property owned by the violator or owner, pursuant to Florida Statutes.
As soon as you or your agent corrects all violations, YOU MUST NOTIFY the Code
Enforcement Division at [561] 799-4245. A City Official shall inspect the property and notify
the Special Master if compliance exists.
Page 2 of 3
- c
Return To:
Kelvin Wise: Code Enforcement Administrator
Code Enforcement Division
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
DONE and ORDEFD this day of* )3ed ,2003. w evin Wagner
Code Enforcement Special Master
STATE OF FLORIDA
COUNTY OF PALM BEACH
& SWORN AND SUBSCRIBED Before me this 1 day of %
2003 .
by (bVI 13 Ma QWdK
produced,
-
nA
wature of Notary Publid
Name of Notary, typed or stamped
Commission No.
Page 3 of 3
November 15, 19%
ORDINANCE 14.1996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
COMFORT INN PLANNED UNIT DEVELOPMENT
APPROVED BY ORDINANCE 53, 1988, TO CONSTRUCT A
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT: AND PROVIDING FOR AN EFFECTIVE DATE.
TWO-STORY 7,507 SQUARE-FOOT ANCILLARY BUILDING;
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, previously
approved Ordinance 53, 1988, creating the Comfort Inn Planned Unit Development; and
WHEREAS, the City has received an application to amend the Comfort Inn Planned Unit
Development; and
WHEREAS, the City Council has determined that the amendment is consistent with the
City's Comprehensive Plan.
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
approves an amendment to the Comfort Inn Planned Unit Development (PUD), authorizing to
demolish an existing one-story 1,880 square-foot commercial building and the construction of a
two-story 7,507 square-foot ancillary building and other site changes upon the subject property.
SECTION 2. The construction of the two-stov building shall be in accordance with plans
on file with the City's Planning and Zoning Department as follows:
1. November 13, 1996 Site Plan by Cotleur Hearing. Sheet 1 of 2.
2. November 13,1996 Landscape Plan by Cotleur Hearing. Sheet 2 of 2.
3. November 11,1996 Front Elevation by J.A.O. Architects and Planners. Sheet A-1.
4. November 8,1996 Right, Left and Rear Elevations by J.A.O. Architects and Planners.
Sheet A-2.
5. November 11,1996 Parking Level Plan by J.A.O. Architects and Planners. Sheet A-3.
6. November 11, 1996 First Floor Pian by J.A.O. Architects and Planners. Sheet A-4.
7. August 8, 1996 Roof Plan by J.A.O. Architects and Planners. Sheet A-5.
8. August 8, 1996 Roof Plan by J.A.O. Architects and Planners. Sheet A-6.
9. November 11, 19% Building Sections by J.A.O. Architects and Planners. Sheet A-7.
10. Undated Lobby Renovation by J.A.O. Architects and Planners. 1 Sheet.
ORDINANCE 14, 1996
Page 2
11. March 14, 1996 Existing Building Elevations by J.A.O. Architects and Planners.
12. November 14, 19% Conceptual Paving and Drainage Plan by Michael B. Schorah &
Sheet A-8.
Associates, Inc. 1 Sheet.
SECTION 3. The amendment is approved subject to the following conditions:
1.
2.
3.
A Boundary Plat shall be prepared, approved by City Council, and recorded prior
to the issuance of the first building permit.
All mechanical louvers shall be painted to match the surrounding wall.
Signage informing motorists of additional handicap parking spaces being located
in the parking garage shall be installed prior to the issuance of the Certificate of
Occupancy.
The existing vacant one-story building on the site shall be demolished and removed
within 90 days from approval hereof.
4.
SECTION 4. All Ordinances or parts of Ordinances in conflict are hereby repealed.
SECTION 5. This Ordinance shall be effective upon passage.
AY OF NOVEMBER 1996.
(kHJhCILMEhfJ3ER LINDA MONROE
VICE MAYOR LAUREN FURTADO
COUNCILMEMBER DAVID CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
VOTE: ByE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO Y COUNCILWOMAN MONROE v
COUNCILMAN JABLIN
COUNCILMAN CLARK
&-- - - --
- --
c --
c/ - - --
CITY OF PALM BEACH GARDENS
1O!iOO N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 334104696
December 6,1996
Mr. Donaldson E. Hearing
Cotleur Hearing
1970 E. Indiantown Road, Suite 402
Jupiter, Florida 33477
Dear MI. Hearing:
Enclosed is a copy of otdinance 14,1996, amending the Comfort Inn PUD to construct a two-story
7,507 SqW-fOot mciUary buildinp.
Ordinance 14,1996 was approved at the City Council Regular Meeting on November 2 1,1996.
Sincerely,
Cindy Harvey
Deputy City Clerk
Enclosure: As Stated
i THE PALM BEACH POST
Published Daily and Sunday West Palm Beach, Palm Beach County. Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUN'lY OF PALM BEACH
Before the undersigned authority personally appeared-is Bull
who on oath says that she/he Is 'lass adv MGr ~- of The Palm Beach Post.
a daily and Sunday newspaper published at West Palm Beach m Palm Beach County,
Florida: that the attached copy of advertisin bein a Notice
in the matter of ~ ~~- Ord. lt, 1656
in the
the issues of July 31, 1956
Court, was published in said newspaper in
Miant further says that the satd The Post is a newspaper published at West Palm Beach.
ln sald Palm Beach County, Florida. and that the said newspaper has heretofore been
continuously published in said Palm Beach County. Flonda. daily and Sunday and has been
entered as second class nail matter at the post office in West Palmi Beach. in sald Palm Beach
County. Flonda. for a pnod of one year next preceding the first publication of the attached
copy of advertisement: and aiTiant further says that she/he has neither paid nor promlsed
any person, firm or corporation any discount. rebate. commission or refund for the purpose
of secunng this advertisement for publication in the said newspaper.
96 A.D 19- I
Personally known or Produced Identification
Type of Identification Produced
.
July 14 1992
August 6, 1992 v
ORDINANCE 18, 1992
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING ORDINANCE 53,
1988, WHICH CREATED THE GARDENS SUITES HOTEL,
NOW KNOWN AS "COMFORT INN", A PLANNED UNIT
DEVELOPMENT, AND AS SUBSEQUENTLY AMENDED BY
CREATING A SWIMMING POOL BUILDING IN
ACCORDANCE WITH PLANS AND SPECIFICATIONS
CONTAINED HEREIN; AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. Ordinance 53, 1988, which created GARDEN SUITES
HOTEL, now known as "COMFORT INN1@, a Planned Unit Development and
as subsequently amended is hereby further amended in accordance
with the following plans and specifications:
1. Master Site Plan prepared by Cotleur Hearing and
gbshh architects, dated March 17, 1992, consisting
of one (1) sheet.
2. North, West and East Elevations of the Pool
Building, undated and prepared by gbshh
architects, consisting of one (1) page.
3. Floor Plan of the Pool Building, undated and
prepared by gbshh architects, consisting of one
(1) sheet.
Section 2. The meeting facility shall be limited to hotel
guests or in conjunction with hotel activities.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
This Ordinance shall be effective upon date of
passage.
&L , 1992.
ATTEST: COUNCILMAN A,&. 7,HA
EIEfblA V. KOSIER, CITY CLERK
VOTE : AYE -
J MAYOR MARTIN0 - VICE MAYOR RUSSO
COUNCILWOMAN MONROE 5 COUNCILMAN KISELEWSKI /
- I
C!TY OF PALM BEAGE GARDENS
lo500 N. MILITARY TRAIL * PALM BEACH GARDENS, FLORIDA 3341Q-45%
August 7, 1992
Mr. Don Hearing gbs&h architects
1070 E. Indiantown Road Jupiter, F1 33458
Dear Mr, Hearing:
Enclosed please find a copy 0- Ordinance 18, 1992, amending Ordinance 53, 1988,
which created the Gardens Suites Hotel, now known as Comfort Inn, a PUD, by creating
a swimming pool building in accordance with plans and specifications contained therein.
Ordinance 18, 1992 was unanimously approved by the City Council at their Regular Meeting of August 6, 1992.
Sincerely, 3 I,
I /::4 b Exa M. Rief
Deputy City Clerk
Enclosure: As Stated
J cr
ORDINANCE 53, 1988
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT
ON CERTAIN LANDS LOCATED WITHIN THE CITY TO
BE KNOWN AS "GARDENS SUITES HOTEL" WITH USES
THEREOF AS DESIGNATED ON THE ATTACHED MASTER
SITE PLAN, SAID LANDS BEING DESCRIBED IN
EXHIBIT "All ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR PAYMENT BY THE DEVELOPER
MENT FUND ACCOUNT AND ROAD IMPROVEMENT FUND OF
THE CITY AND METHOD OF PAYMENT; REQUIRING
THAT THE LANDS DESCRIBED IN EXHIBIT "A" SHALL
BE DEVELOPED IN ACCORDANCE WITH THE MASTER SITE
SISTING OF NINE (9) SHEETS AND PREPARED BY
GBS 6 H INC., DATED DECEMBER 13, 1988, AND
AND ATTACHED HERETO AS EXHIBIT "B" ; PROVIDING
THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING
PERMIT THAT DEVELOPER POST EITHER A PERFORMANCE
BOND, LETTER OF CREDIT OR ESCROW AGREEMENT TO
ORA1 NAGE , AND UTILITY IMPROVEMENTS ; PROV IO1 NG
FOR A METHOD OF APPROVAL OF SIGNAGE; PROVIDING
FOR UNITY OF TITLE; PROVIDING FOR METHOD OF
AMENDMENT; PROVIDING THAT ANY ORDINANCE IN
CONFLICT BE AND THE SAME IS HEREBY REPEALED;
AND, FURTHER. PROVIDING FOR AN EFFECTIVE DATE
THEREOF TO THE RECREATION BUILDING AND DEVELOP-
PLAN, LANDSCAPING PLAN AND ELEVATION PLAN CON-
REVISED ON 2/9/89, MARKED JOB NO. 88-1002,
GUARANTEE ALL ON-SITE ROAD IMPROVEMENTS,
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
Section 1. A Planned Unit Development be and the same is
BEACH GARDENS, FLORIDA:
hereby created upon the lands known as "GARDENS SUITES HOTEL" located
within the City of Palm Beach Gardens, Florida, and more particularly
described in Exhibit *A" attached hereto and made a part hereof. the
permitted usage shall be and the same is hereby designated as set
forth In the Master Slte Plan attached hereto and marked Exhiblt "B".
In the event the sale of alcoholic beverages may arise in
the use of the premises, all requests shall be filed with the City
Clerk with such use to be determined by the City Council by a sub-
sequent Resolution.
Comnission shall not be required nor shall the requirement that publl-
cation in a newspaper of general circulation be required for such
hearing. A variance to the distance requirements to the City
The intervention of the Planning and Zoning
r
'f I'
of Palm Beach Gardens Code between premises upon which alcoholic
beverages are sold is hereby granted.
Section 2. Attached hereto and made a part hereof is a
Master SIte Plan, Landscaping Plan and Elevation Plan, consisting of
nine (9) sheets and prepared by gbs & h Inc., dated December 13, 1988,
and as revised as of February 9, 1989, marked Job No. 88-1002, and
attached hereto as Exhibit "B". "GARDENS SUITES HOTEL" shall be deve-
loped in accordance with said plans, and the conditions contained in
that letter dated November 9, 1988. except for Item 6. is attached as
Exhibit "B-1".
Section 3. The Petitioner shall pay to the City of Palm
Beach Gardens, Florida, impact fees as hereinafter designated,
together with amounts of monies and time of payments:
(a) The total sum of EIGHT THOUSAND ($8,000.00)
DOLLARS shall be paid to the Recreation Building and
Development Fund account of the City prior to the
Issuance of a Building Permit.
(b) The total sum of TWENTY-SEVEN THOUSAND THREE
HUNDRED ($27,300.00) DOLLARS shall be paid to the Road
Improvement Fund of the Clty as follows:
1. Prior to the issuance of a Building Permit
the sum of THIRTEEN THOUSAND SIX HUNDRED FIFTY
($13,650.00) DOLLARS shall be paid;
2. Prior to the issuance of a Certificate of
Occupancy the sum of THIRTEEN THOUSAND SIX HUNDRED
FIFTY ($13,650.00) DOLLARS shall be paid.
In the event that the County of Palm Beach shall adopt an
Ordinance providing and requiring collection by the City of road
impact fees imposed by the County for improvements made in munici-
pallties and the same shall be in effect prlor to the issuance of a
Building Permit, then the road impact fees imposed above by the
City shall be applied as a credit on account of the County fees except
,
-2-
a
as the project shall impact City local streets, such impact to be
determined in accordance with the requirements of the City's Ordinance
pertaining thereto, Debits and credits shall be applied by the City
in the determination of such fees due to the City.
Section 4. No Building Permit shall be issued until the
drainage and paving plans for development of the Planned Unit
Development shall be approved by the City Engineer and all other
building requirements of the Palm Beach Gardens Code and requirements
of other governmental agencies shall be met.
Section 5. The building on the Site Plan designated as a
bank now located on the premises may be continued as a bank facility
use until May 1, 1991. Within sixty (60) days upon termination of
said lease, and/or said lease option, the Petitioner shall close the
existing Southerly ingress on the site and provide landscaping in said
Ingress area in accordance with the Palm Beach Gardens Code.
Further, upon termination of use as a bank, the drive-in
facility portion of the said structure shall be removed prior to the
following uses of the structure which shall be permitted.
Professional and business offices as setforthin Chapter
159.088, Paragraphs A (2) and (3) and the use as a bank,
excluding drive-in facilities.
The elevations of the bank building shall be modified in
accordance with the plan and drlve-in facility removed no later than
three (3) years from effective date, or as setforth above, depending
which event shall first occur.
Section 6. Signage, both temporary and permanent, and any
amendments to the landscaping plan approved hereby, in the event
necessary, shall be reviewed and approved by the City Council
by subsequent Resolution. The intervention or review of the
-3-
t
Planning and Zoning Commission or the Site Plan Review Committee
shall not be required, nor shall a public hearing or publication
in a newspaper of general circulation be required prior to the
adoption of such Resolution.
Section 2. Petitioner, prior to the issuance of the
first Building Permit, shall deliver ro the City a Unity of Title
in requisite form to be approved by the City Attorney to the lands
described in Exhibit "A".
Section 3. All phases of development in the newly
created Planned Unit Development shall be completed within three
(3) years from the effective date hereof, and the owner/developer
may obtain extensions for good cause shown by approval of subsequent
Ordinance,
Section 9.
together with all requirements provided herein, shall apply to
and be binding upon its successors and assigns.
All references to Petitioner and/or Developer,
Section 10. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 11. This Ordinaance shall be effective upon date
of passage.
VICE-MAYOR
ATTEST :
$+idi /-I, -10 k. LI-WA HINO, CITY CL RK, CMC
AS TO FORM AND
\
C~ATTORNEY ___
EXHIBIT "A ''
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43,
PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF STATE
ROAD NO. 5 (U.S. HIGHWAY NO. l), AS NOW LAID OUT AND IN USE, LESS THE NORTH
734.42 FEET THEREOF AND ALSO LESS THE SOUTH 274.67 FEET THEREOF AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7 AND
THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD NO. 5; THENCE, SOUTH
16'51'25" WEST, ALONG THE SA10 RIGHT-OF-WAY LINE, A DISTANCE OF 612.69 FEET TO
THE BEGINNING OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1850.09 FEET
AND A PARTIAL CENTRAL ANGLE OF 04'15'09"; THENCE, SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE, A OISTANCE OF 137.31 FEET TO THE POINT OF BEGINNING; THENCE,
CONTINUE SOUTHERLY ALONG THE ARC OF SAID CURVE, WITH A PARTIAL CENTRAL ANGLE OF
09'19'36", A DISTANCE OF 301.16 FEET TO A POINT ON A LINE LYING 274.67 FEET
NORTH OF (WHEN MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF
SAID GOVERNMENT LOT 7; THENCE, SOUTH 86'52'35" EAST, ALONG THE SAID PARALLEL
LINE A DISTANCE OF 283.51 FEET TO A POINT ON THE EAST LINE OF SAID GOVERNMENT
LOT 7; THEN, NORTH 01'51'50" EAST, ALONG THE EAST LINE OF SAID GOVERNMENT LOT
7, A DISTANCE OF 292.45 FEET TO A POINT ON A LINE LYING 734.42 FEET SOUTH OF (WHEN MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT 7; THENCE, NORTH 85'12'07" WEST ALONG SAID PARALLEL LINE. A
DISTANCE OF 251.91 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1.85 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, AND RIGHTS OF WAY OF RECORD.
THE PROPERTY DESCRIPTION SHOWN HEREON IS AS FURNISHED, AND SAID LANDS HAVE NOT
BEEN ABSTRACTED FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD. ANY
REPRODUCTIONS OF THIS SKETCH OF SURVEY ARE NOT VALID UNLESS SEALED WITH THE
EMBOSSED SEAL OF THE CERTIFYING SURVEYOR.
November 9, 1988
Y
Ralph D. HcKee, Jr.
1660 Twelve Oaks Way 1305
North Palm Beach, FL 33408
Planning and Zoning Commission
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Subject: The Gardens Suites Hotel
Gentlemen:
Hr. Fred C. Cohen the attorney for the above referenced project presented preliminary
plans of the proposed hotel to the Twelve Oaks Board of Directors.
directors present, I have foraed some opinions and I have some requests that should be
addressed prior to permitting the praject. Please note, however, that this is not an
official position paper of the Twelve Oaks Board, but my personal opinions and requests.
Since the proposed stucco and block wall will be built on the property line the majority
of my comments concern that subject.
1. Some provision nust be made (temporary fence71 to maintain the security of Twelve
Oaks if our fence Is breached as it surely must be.
2. Since the site work and other construction will by definition be dusty and noisy, 1
propose that the stucco wall be erected (and finished on t e Twelve Oaks side1 at the
onset of construction and completed as quickly as possible Bct as a buffer from the
construction.
As one of the
B
3. Since the existing chain link fence on the property line will become superfluous
with the addition of a block watl, and since it will certainly be damaged or destroyed
during the construction of the wall, I propose that the developer renove and dispose of
the existing chain link fence. Due care must be take to properly finish off the two
ends where the old chain link meets the new block wall.
4. Also since the existing ficus hedge along the property line will certainly be
damaged or destroyed, I further propose that the developer be required to remove the old
hedge and replace it with a new ficus hedge immediately upon completion and painting of
the new block wall.
5.
6.
issuance of the final permit. We do not want an unduly high wall, a5 now exists at The
Towers, but we do not want the wall to be easily climbed up from either side. The
grading of the site could greatly effect the wall height as seen fros Twelve Oaks.
7. Parking lot lighting should be below the top of the wall so that we will be as
unaffected as possible.
Your consideration of these comments and request will be greatly appreciated.
Any damage to the sprinkler system or grass should be replaced or repaired.
The final height of the new block wall should be reviewed by our BOD prior to
Ralph D. McKd, Jr.
8
urban
March 3, 2005 dePn stu 10
Mr. Brad Wiseman
Senior Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: REVISED WATERFORD HOTEL PUD AMENDMENT APPLICATION TO
REDUCE NUMBER OF HOTEL ROOMS
PBG PETITION: #PUD-04-10
UDS REF.:# 03-033.00
Dear Brad:
As we discussed yesterday, we are revising the pending Waterford Hotel Planned Unit
Development amendment application to reduce the site parking impact to the 103 parking spaces
provided on the site. As requested, there will be no need for any off-site parking on the site.
The applicant has amended the application to reduce the number of hotel rooms from the existing
90 rooms (and one room less t'han the Iast request) to 77 rooms. In addition, the existing and
previously-proposed 733 square-foot outdoor seating area has been eliminated from the request.
The restaurant area has been also reduced - to 1,710 square feet of indoor space located
exclusively on the amenity building's ground floor. The former meeting room area is proposed
to be converted to accessory multi-purpose space for the use of hotel guests. This space can be
used for lobby space, storage, exercise rooms or area to address hotel guest needs. No outside
meetings, banquets or receptions will be held on the site.
This reduction of uses on the site has created a parking demand, pursuant to the City's Code of
Ordinances, to 103 parking spaces. The applicant is proposing 103 parking spaces on the site,
thus, meeting city regulations. In addition, this reduction of uses eliminates a previously-
requested waiver fi-om the application. Also, the previously-proposed off-site leased parking has
been also eliminated.
We believes this addresses the outstanding concerns regarding the parking for this existing site
and we request staffs support of this request. For your review are the following items:
Updated Site Plan reflecting the reduced number of rooms, the reduction of the restaurant
area, the conversion of the meeting room and updated parking
requirement of 103 spaces.
Updated Project Narrative to reflect above changes.
Updated Development Application to reflect above chang . ' 477 S. Rosemary Avenue
c~oFp~G MA i;
pL4'NiNe wvw.UDSonline.com
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100 561.366.1 11 1 fax z*me LCC35 DMSION
Thank you for your considerable efforts in resolving this unique situation. Should you have any
questions, please feel free to contact me.
Sincerely,
Urban Design Studio
Marty R.A. Minor, AICP
Project PI anner
c: Stephen Lovas
Michael Gulotty
WATERFORD HOTEL
SUGGESTED CONDITIONS OF APPROVAL
1. The applicant shall reduce the number of hotel rooms to 77 rooms within 9 months of the
date of adoption of this development order.
2. The applicant shall eliminate the outdoor restaurant area, reduce the area of the restaurant
to a maximum of 1,7 10 square feet and convert the meeting room area to an accessory
multi-purpose space for the use of hotel guests within 45 days of the adoption of this
development order. The accessory multi-purpose space may be used for lobby space,
storage, gathering areas, exercise rooms or areas to address hotel guest needs. No
outside meetings, banquets or receptions shall be held on the site without the provision of
additional parking.
urban
Pro j ec t Narrative
Waterford Hotel
PUD Amendment
March 3,2005
Request :
Urban Design
Urban Planning
Land Planning
Landscape Architecture
The petitioner is requesting an amendment to the Waterford Hotel PUD
(f.k.a. Comfort Suites PUD) to allow for a 1,710 s.f. restaurant. This
request will allow the continuation of a portion of the existing Fresco’s
restaurant. Restaurants are a permitted use within the CG-1 zoning district, which is the underlying
zoning district for the Waterford Hotel PUD. The subject property is located within the City ofPalm
Beach Gardens, on the east side of U. S. Highway #1, approximately one tenth mile south of PGA
Boulevard and U. S. Highway #I intersection. The site is comprised of approximately I .85 acres and
is developed with two buildings.
The PUD is bounded on the north by a Miami Subs restaurant zoned CG-1, General Commercial
District; to the east by Twelve Oaks Condos, located in the Village of North Palm Beach zoned
Single Family High Density Residential; to the south by a multi-storied office building and parking
garage zoned PUD-PO, Professional Office; and to the west by U.S. Highway One. The site
currently maintains a zoning designation of CG-I /PUD, General Commercial (Planned Unit
Development). The Land Use designation for the property is C-Commercial.
As the result ofworking with City staffwith regards to parking on the site; the applicant has redi.lced
the total number of hotel rooms fi-om 90 to 77 and the restaurant area to 1,710 square feet. The
previously-requested outdoor seating area has been eliminated from the request. In addition, the
previous parking space waiver and proposed off-site employee parking area has also been removed
from the application.
With this request, the farmer meeting room area is proposed to bc converted to accessory multi-
purpose space for the use of hotel guests. This space can be used for lobby space, storage, exercise
rooms or area to address hotel guest needs. No outside meetings, banquets or receptions will be
held on the site.
His tory:
The Master plan for the Comfort Suites PUD was originally approved in 1988. The property
included a platted area of 1.85 acres, divided up into two uses. The first use has since been approved
for a four-story hotel facility with a total of 90 rooms. This facility exists at present as the Waterford
Suites, which is now owned and operated by Savol of Florida, Inc.
List of Approvals:
Ordinance 53, 1988 - the original approval for the PUD 011 February 16,
G:Uobs\Waterford HotelMpplication Inlo\project narrativeREV.030305.wpd
LCC3S
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100
www.UDSonline.com
LCC35
561.366.1 11 1 fax
Waterford Hotel
March 3,2005
Page 2
I Comparison
to CG-1 district
regulations
(Section 78-153)
Maximum Height Limit 3 6'
Minimum Site Area 1 acre
Maximum Lot Coverage 35%
Setbacks
Front 50'
Side Facing Street 40'
Side 15'
1988
Proposed I Consistent
50'14 stories No, Requesting Waiver
1.85 acres Yes
17% Yes
4 0' No, Requesting Waiver
N/A NIA
15' Yes
Resolution 22, 1991 - amended the PUD for additional signage, approved on February 21? 1991
Resolution 78A, 1991 - Time extension for 5 years for the southern curb cut together with the drive
thru lane.
Ordinance 18,1992 - Amend the PUD to add a swimming pool and building, approved on August
6,1992
Resolution 91, 1992 - Time extension to complete modification to elevation of former bank,
approved on October 15, 1992
Resolution 137, 1993 - Time extension to complete modification to elevation of former bank,
approved on November 18, 1993.
Ordinance 14, 1996 - to construct a 2-story 7,507 s.f. ancillary building and demolish the 1880 s.f.
bank. The staff report for this approval referenced a condition of approval being considered by the
Planning and Zoning Commission to prohibit retail and a restaurant at this location. At the time of
final approval of Ordinance 14, 1996, there was no condition which prohibited a restaurant. This
lack of a prohibition of a permitted use caused some confusion on whether a restaurant was allowed
on the subject site.
~~ ~~
SITE ANALYSIS:
Waterford Hotel PUD
G:Wobs\Waterford HotelMpplication Info\project na1~ativeREV.030305.wpd
LCC35
Waterford Hotel
March 3,2005
Page 3
Rear
SITE ANALYSIS:
Waterford Hotel PUD
Comparison Proposed Consistent
to CG-I district
regulations
(Section 78-153)
15' 15' Yes
Parking Space Size 1O'x 18.5' 50 - IO' x 18.5' spaces No, Requesting Waiver
53- 9.5' x 18.5' spaces
Parking Spaces in a Row 9 9 Yes
This request to amend the PUD to allow a Permitted Use fix a restaurant will clear up any confirsion
that might exist with regard to the use. The restaurant has been in existence for approximately 5
years now and has received licenses from State of Florida Department of Business Regulations,
Occupational License fiom Palm Beach County for the hotel and the restaurant, and a Occupational
License for the hotel and building permits for the restaurant facilities and hotel from the City of
Pahi Beach Gardens.
The owner was unaware that the restaurant had not been legally permitted until he received notice
from the Code Enforcement Board stating that the restaurant was an unapproved use. The owner
went before the Code Enforcement Board on December I, 2003 and is being required to amend the
PUD.
With the hotel and restaurant jointly existing on the subject property, this request is consistent with
the principles of the regional "Eastward Ho" policy to encourage business development east of
Interstate 95. These uses together also provide for a more traditional type of full-service hotel with
restaurant, swimming pool and meeting rooms.
Although the site will meet code parking requirements, we believe that the actual parking demand
will be far less. Previously submitted was a Parking Observation Study of the hotel site. This study
has been conducted during season when the parking demand is the highest. This study indicates the
actual use of parking over an extended period of time. The study indicates that 91 parking spaces are
needed. As stated earlier, 103 parking spaces are provided on site. Also, the number of rooms and
restaurant area is requested to be reduced from the area studied, so the estimated demand would be
even less.
G Uobs\Waterford tlotelL4pplicatron Info\project narrariveREV.030305 wpd
LCC35
Waterford Hotel
March 3,2005
Page 4
With this request for a PUD amendment to allow the restaurant, the overall site has been brought up
to code. The landscaping has been upgraded to meet and exceed current code requirements. On the
east property line landscape buffer we have asked for a waiver to allow the existing buffer to remain
at 8’. Some of the Live Oaks in the front of the site have been replaced. Additionally, landscaping
has been added on the east side of the swimming pool area for aesthetics. The access aisle that
connects the Miami Subs to the north will be removed and large hedge has been added.
We have included in this application several letters from satisfied customers of both the hotel and
Fresco’s Restaurant. The general consensus from all the letters is that their experience at the hotel
and restaurant was a memorable one and that they would continue to patronize The Waterford and
Fresco’s. Attached is a review of the restaurant by the Palm Beach Post from December 3,2003. The
review indicates that the food and service made for an enjoyable experience. A copy of the menu and
also an advertisement from a magazine are attached. Fresco’s is a quality restaurant and a valued
member of the City’s business community.
G.Uobs\Waterford Ho~el\Applica~ion Info\projecr narrativeREV.03030S.wpd
LCC35
urban depn stu 10 WAIVER REQUESTS AND
JUSTIFICATION STATEMENTS
Waterford Hotel
PUD Amendment Urban Design
Urban Planning
Land Planning
Landscape Architecture
March 3, 2005
The waivers that are being requested are to clear up any conhsion on the
overall site plan. The buildings on the property are existing and were
approved with these deviations from the underlying CG-I zoning
designation. We have modified the parking area and landscaping to meet or exceed the code. In some
cases such as the parking space width and parking spaces in a row, we are asking for a waiver so that
we can upgrade the overall property. With regard to the front setback and building height waiver,
as stated above, the buildings are existing.
For your review and information are the waiver requests and justification statements for the
submitted site plan with the reflected code references:
1. Minimum Parking - Dimensions - Section 78-344 (1)(1)
We are proposing to reduce the width of the required parking space from 10 feet to 9.5 feet
for 45 spaces within the site, plus 8 additional existing, approved, 9.5 foot wide parking
spaces. There will be a total of 53 reduced parking spaces or 51% of the total site. The
request is made to allow for greater green space and landscape areas. The site is designed to
create a greater sense of place and maximizing green space is consistent with that goal as
well as the code requirement.
According to City Code, requests for reduction of parking space dimensions must 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.
subsection shall be installed within the paved portions of the parking area.
0 The additional open space and landscaping or related amenities required in this
The following are the calculations indicating additional open space area provided on site
through the reduction of the new on-grade spaces.
53 total reduced parking spaces x 9.25 square feet (reduction of paved area per parking
space) = 490.25 square feet
G:Uobs\Waterford Hotel\Application Info\project narrai1veREV.030305 wpd
LCC35
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDSonline.com
LCC35
Waiver List
Waterford Hotel
December 23,2004
490.25 square feet oftotal reduced paved area x 1.5 code required ratio = 735.375 square feet
or 0.01 6 acres of required additional open space.
The project site plan incorporates the 0.016 acres of required additional open space by
providing 0.55 acres of total open space (30%) within the site. Code requires 15% open
space for the non-residential projects in the City or 0.277 acres. The site has 0.273 acres of
additional open space and pedestrian amenities than what is required by Code. The
additional 0.016 acres of open space required for the reduction of the parking space
dimension is located in the revised parking lot locations. We believe it is beneficial for the
City and for this project to have this additional open space within the site.
2. Minimum Setback Dimensions - Section 78-153 - Table 12: Propertv Development
Regulations
We are requesting a waiver to allow an existing building to be 40' from the front property
line. The required fiont setback in a CG-1 zoning district is 50'. In 1988 when the hotel was
approved the building was built 40' from the fi-ont property line. This waiver request is to
clear up any confusion on the setback issues for the existing building. Having the existing
building closer to the US. 1 right-of-way is consistent with the U.S.l Corridor Study, which
encourages building being placed in proximity of the roadway.
3. Kaximum Euiiding Height - Section 78-15.3 - iabie 12: Yropertv Development
Regulations
We are requesting a waiver to allow an existing building to exceed the maximum building
height. The existing hotel building is 4-stories and 50'. In 1988 when the hotel was
approved the building was built at 50' and permitted at that height. This waiver request is to
clear up any confusion on the building height issue for the existing building.
4. Minimum Landscape Buffer abuttinp residential Section 78-186 (10)
We are requesting a waiver to allow an existing landscape buffer of 8'. Subsequent to the
current code, the landscape buffer requirement was 8'. In the current code, Section 78-
186.( 10) states that buffer areas for commercial developments that abut residential shall have
a minimum of a 15' buffer. This waiver request is to clear up any confusion on the landscape
buffer requirement. Please note additional landscaping has been added to this eastern buffer
to increase the effectiveness of the screening.
5. Waiver from Section 78-80(a)(7)d. Required application materials.
We are requesting a waivcr fi-om a portion of Subsection d, which requires existing contours
G:Uobs\Waterford HotelIApplication Info\projecl narrativeREV.030305.wpd
LCC3S
Waiver List
Waterford Hotel
December 23,2004
to extend 100 feet beyond the parcel boundaries. A boundary and topographic survey was
submitted to the City. This survey did not include topographic information in all, but some,
of the 100 foot area around the subject site. We feel that since the existing use of a hotel has
been in existence since 1988 that the submitted information is sufficient for the City’s review
as we are not proposing to change the existing drainage conditions on site, nor is the
applicant proposing to add any new building area to the site.
G:Uobs\Waterford HotelL4pplication Info\project narrahveREV.030305.wpd
LCC35
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
FOR OFFICE USE ONLY
Petition Number:
Fees Received
Application $ Engineering $
Receipt Number:
Date & Time Received:
-
Planning and Zoning Division
Growth Management Department
10500 N. Military Trail, Palm Beach Gardens, FL 33410
(561) 799-4243 FAX (561) 799-4281
Res ues t
0 Planned Community District (PCD)
0 Planned Unit Development (PUD)
[x1 Amendment to PCD, PUD or Site Plan
0 Conditional Use OConcurrency Certificate
0 Amendment to the Comprehensive Plan
0 Miscellaneous OAdministrative Approval
0 Other (Explain)
Project Name: Waterford Hotel
0 Annexation
0 Rezoning
0 Site Plan Review
OTime Extension
Date:- March 3, 2005
Owner: Savol of Florida. Inc. a Florida Corporation
Applicant (if not Owner): Same
Applicant’s Add: 1 1360 U. S. Hwy. I, Palm Beach Gardens, FL 33408 Telephone No. 624-71 86
Agent: Urban Design Studio
Contact Person: Marh, R. A. Minor Email: mminor@udsonline.coni
Agent’s Mailing Address: 477 So. Rosemary Avenue, Ste. 225, West Palm Beach, FL 33401
Agent’s Telephone Number: 561-366-1 100 Fax Number: 561-366-1 11 1
Architect: N/A Telephone Number:
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Engineer: Kimlev-Horn & Associate, Inc. Telephone Number: 561 -845-0665
Planner: Urban Desicn Studio Telephone Number: 561-366-1 100
Landscape Architect: Urban Design Studio Telephone Number: 561-366-1 100
Site Information:
General Location: East side of U.S. 1, approximately !A mile south of PGA Boulevard
Address: 1 1360 U.S. Highway 1. North Palm Beach, FL 33408
Section: 4 Township: 42 - Range: 43
Acreage: 1.85 Current Zoning: PUDiCG- 1 Requested Zoning: N/a
Flood Zone: Base Flood Elevation (BFE) - To be indicated on site plan
Current Comprehensive Plan Land Use Designation: __ Commercial
Existing Land Use: commercial Requested Land Use: N/A
Proposed Use(s) i.e. Hotel, single family residcnce, etc.: Existing Hotel
Proposed Square Footage by Use:
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if
N/A
appli cab1 e) :
Justification
Explanation :
Information concerning all requests (Attach additional sheets if needed)
(Article 111, Division I, Sections 23,24,25,26, of Land Development Regulations
1. Explain the nature of the request: The petitioner is requesting an amendment to the Waterford Hotel
PUD (f.k.a. Comfort Suites PUD) to allow for a 1.71 0 s.f. restaurant with no outdoor seating This is
a reduction from the existing condition. This request will allow the continuation of the existing
Fresco’s restaurant. Restaurants are a permitted use within the CG-I zoning. - district, which is the
underlying zoning district for the Waterford Hotel PUD. In addition, the total number of existing. hotel
rooms has been reduced from 90 to 77. This conversion will be accomplished within 9 months of the
approval of the pending PUD amendment apDlication. The requested uses require I 03 parking spaces,
which is being provided on site.
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2. What will be the impact of the proposed change on the surrounding area? There will be no impact
-- on the surrounding area since the two buildings are existing.
3. Describe how the rezoning request complies with the City’s Vision Plan and the following
elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement. N/A - We are not requesting a rezoning of the property.
4. How does the proposed project comply with City requirements for preservation of Natural
resources and native vegetation (Chapter 78-261, Land Development Regulations)?
N/A
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-26 1, Land Development Regulations.)? N/A
6. Concurrency Certification? Not Applicable
Date Received: Not Applicable
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Legal Description of the Subject Property
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH,
WAY LINE OF STAT ROAD NO. 5 (U.S. HIGHWAY NO. I), AS NOW LAID OUT AND IN
USE, LESS THE NORTH 734.42 FEET THEREOF AND ALSO LESS THE SOUTH 274.67
FEET THEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
RANGE 43, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-OF-
COMMENCING AT THE INTERSECTION OFTHE NORTH LINE OFSAID GOVERNMENT
LOT 7 AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD NO. 5,
THENCE, SOUTH WEST, ALONG THE SAID RIGHT-OF-WAY LINE, A 16" 51'25"
DISTANCE OF 612.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1850.09 FEET AND A PARTIAL CENTRAL ANGLE OF 04'15'09",
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 137.31
FEET TO THE POINT OF BEGINNING, THENCE, CONTINUE SOUTHERLY ALONG THE
ARC OF SAID CURVE, WITH A PARTIAL CENTRAL ANGLE OF 09"19'36", A DISTANCE
OF 301.16 FEET TO A POINT ON A LINE LYING 274.67 FEET NORTH OF (WHEN
MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF SAID
GOVERNMENT LOT 7, THENCE, SOUTH 86'52'35" EAST, ALONG THE SAID PARALLEL
LINE A DISTANCE OF 283.51 FEET TO A POINT ON THE EAST LINE OF SAID
GOVERNMENT LOT 7, THENCE, NORTH 01'51'50" EAST, ALONG THE EAST LINE OF
SAID GOVERNMENT LOT 7, A DISTANCE OF 292.45 FEET TO A POINT ON A LINE
LYING 734.42 FEET SOUTH OF (WHEN MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 7, THENCE, NORTH
85"12'07" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 251.91 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINING 1.85 ACRES MORE OR LESS.
Location
The subject property is located on the east side of U. S. Highway One, approximately % mile south of PGA
Boulevard.
Property Control Number(s) of the subject parcel(s): 52-43-42-04-27-001 -0000
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Date Prepared: March 4,2005
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ORDINANCE 13,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 53, 1988,
ORDINANCE 18, 1992, AND ORDINANCE 14, 1996 RELATING TO
THE ZONING FOR THE WATERFORD HOTEL PLANNED UNIT
DEVELOPMENT (PUD) TO TRANSFER THE SITE PLAN
APPROVAL AND RELATED CONDITIONS TO RESOLUTION 44,
2005; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 16, 1988, the City Council adopted Ordinance 53,
1988, thereby approving the Garden Suites Planned Unit Development (PUD); and
WHEREAS, on August 6, 1992, the City Council adopted Ordinance 18, 1992,
thereby approving an amendment to the Comfort Inn PUD to allow for the construction
of a swimming pool building; and
WHEREAS, on November 21, 1996, the City Council adopted Ordinance 14,
1996, thereby approving an amendment to the Comfort Inn PUD to allow for the
construction of a two-story, 7,507 square-foot ancillary building; and
WHEREAS, the City has received a request (PUD-04-10) from Mr. Marty Minor
of Urban Design Studio, on behalf of Savol of Florida Inc., for approval of an
amendment to the Waterford PUD to allow for the inclusion of a 1,710 square-foot
restaurant; and
WHEREAS, the Growth Management Department has reviewed said application,
and has determined that it is more appropriate that the site plan approval and the
conditions related thereto be transferred to Resolution 44, 2005 of the City Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: March 4, 2005
Ordinance 13, 2005
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SECTION 2. Section 1 of Ordinance 53, 1988 is amended to read: The zoninq
of the following described propertv known as the Waterford Hotel is herebv desianated a A Planned Unit Development (PUD) Overlav with an underlving zoning of General
Commercial (CG-1): 5
LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4. TOWNSHIP 42 SOUTH,
RANGE 43, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-
OF-WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO 1). AS NOW LAID OUT
AND IN USE, LESS THE NORTH 734.42 FEET THEREOF AND ALSO LESS THE
SOUTH 274.67 FEET THEREOF AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID
GOVERNMENT LOT 7 AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE
ROAD NO. 5, THENCE, SOUTH 16°51'25'' WEST, ALONG SAID RIGHT-OF-WAY, A
DISTANCE OF 612.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 1,850.09 FEET AND A PARTIAL CENTRAL ANGLE OF
04°15'09", THENCE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 137.31 FEET TO THE POINT OF BEGINNING, THENCE, CONTINUE
SOUTHERLY ALONG THE ARC OF SAID CURVE, WITH A PARTIAL CENTRAL
ANGLE OF 09O19'36", A DISTANCE OF 301.16 FEET TO A POINT ON A LINE LYING
274.67 FEET NORTH OF (WHEN MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 7; THENCE,
SOUTH 86O52'35" EAST, ALONG THE SAID PARALLEL LINE A DISTANCE OF 283.51
FEET TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7; THENCE
NORTH 01°51'50'' EAST, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 7. A
DISTANCE OF 292.45 FEET TO A POINT ON A LINE LYING 734.42 FEET SOUTH OF
WHEN MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH
LINE OF SAID GOVERNMENT LOT 7, THENCE NORTH 85°12'07" WEST ALONG
SAID PARALLEL LINE, A DISTANCE OF 251.91 FEET TO THE POINT OF
BEG INNING.
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Date Prepared: March 4,2005
Ordinance 13,2005
SECTION 3. Sections 2 through 8 inclusive of Ordinance 53, 1988; Sections 1
and 2 inclusive of Ordinance 18, 1992; and Sections 2 and 3 inclusive of Ordinance 14,
1996 are hereby transferred to Resolution 44, 2005. The remaining sections of
Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996 shall be renumbered
accordingly. Any future amendments to the development plans and/or conditions of
approval shall be accomplished by Resolution of the City Council.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: March 4,2005
Ordinance 13,2005
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PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\waterford hotel - ord 13 2005.doc
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AGAl NST ABSENT
Date Prepared: March 4,2005
Revised April 7,2005
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RESOLUTION 44,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE WATERFORD HOTEL PLANNED UNIT DEVELOPMENT
(PUD), WHICH IS LOCATED APPROXIMATELY l/lOTH OF A MILE
SOUTH FROM PGA BOULEVARD ON THE EAST SIDE OF US
HIGHWAY ONE, TO ALLOW FOR THE INCLUSION OF A 1,710-
SQUARE-FOOT RESTAURANT INTO THE PUD, AS MORE
PARTICULARLY DESCRl BED HERE IN; PROW DI N G FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 16, 1988, the City Council adopted Ordinance 53,
1988, thereby approving the Garden Suites Planned Unit Development (PUD); and
WHEREAS, on August 6, 1992, the City Council adopted Ordinance 18, 1992,
thereby approving an amendment to the Comfort Inn PUD to allow for the construction
of a swimming pool building; and
WHEREAS, on November 21, 1996, the City Council adopted Ordinance 14,
1996, thereby approving an amendment to the Comfort Inn PUD to allow for the
construction of a two-story, 7,507-square-foot ancillary building; and
WHEREAS, on December 1, 2003, the Code Enforcement Special Master
determined that the existing restaurant at the Waterford Hotel was not an approved use,
and found the Waterford Hotel PUD in violation of City Code Sections 66-46 and 78-49;
and
WHEREAS, the City has received a request (PUD-04-10) from Mr. Marty Minor
of Urban Design Studio, on behalf of Savol of Florida Inc., for approval of an
amendment to the Waterford PUD to allow for the inclusion of a 1,710-square-foot
restaurant; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City’s Land Development
Regulations, and has recommended approval; and
WHEREAS, by adoption of Ordinance 13, 2005, the City Council determined that
the site plan approvals and related conditions for the Waterford Hotel PUD contained in
Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996 shall be transferred
to this Resolution; and
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Date Prepared: March 4,2005
Resolution 44,2005
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended development plans for the Waterford Hotel PUD are
hereby APPROVED on the following described real property, subject to the conditions of
approval provided herein:
LEGAL D ES C RI PT I 0 N :
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH,
RANGE 43, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-
OF-WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. I), AS NOW LAID OUT
AND IN USE, LESS THE NORTH 734.42 FEET THEREOF AND ALSO LESS THE
SOUTH 274.67 FEET THEREOF AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID
GOVERNMENT LOT 7 AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE
ROAD NO. 5, THENCE, SOUTH 16O51'25" WEST, ALONG SAID RIGHT-OF-WAY, A
DISTANCE OF 612.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 1,850.09 FEET AND A PARTIAL CENTRAL ANGLE OF
04°15'09'', THENCE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 137.31 FEET TO THE POINT OF BEGINNING, THENCE, CONTINUE
SOUTHERLY ALONG THE ARC OF SAID CURVE, WITH A PARTIAL CENTRAL
ANGLE OF 09O19'36", A DISTANCE OF 301.16 FEET TO A POINT ON A LINE LYING
274.67 FEET NORTH OF (WHEN MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 7; THENCE,
SOUTH 86O52'35" EAST, ALONG THE SAID PARALLEL LINE A DISTANCE OF 283.51
FEET TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7; THENCE
NORTH 01°51'50" EAST, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 7, A
DISTANCE OF 292.45 FEET TO A POINT ON A LINE LYING 734.42 FEET SOUTH OF
(WHEN MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH
LINE OF SAID GOVERNMENT LOT 7, THENCE NORTH 85O12'07'' WEST ALONG
SAID PARALLEL LINE, A DISTANCE OF 251.91 FEET TO THE POINT OF
BEGINNING.
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Date Prepared: March 4, 2005
Resolution 44, 2005
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following four waivers:
1. Section 78-344, Construction and Maintenance, to allow for 53, 9.5-foot
wide parking spaces.
2. Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a
41-foot front building setback.
3. Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a
building height of 50 feet.
4. Section 78-1 53, Nonresidential Zoning District Regulations, to allow for an
eight-foot wide landscape buffer adjacent to residential.
SECTION 4. Said Planned Unit Development is approved subject to the
following amended conditions, which shall be the responsibility of the applicant, its
successors, or assigns:
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Date Prepared: March 4, 2005
Resolution 44,2005
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2. ..
a w.
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Date Prepared: March 4, 2005
Resolution 44,2005
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1. All mechanical louvers shall be painted to match the surroundinq wall.
/Planning & Zoninq)
2. Musical entertainment, including, but not limited to, bands, instruments, and
speakers shall be prohibited in all outside areas on site. (Planninq &
Zoninq, Code Enforcement)
3. Outdoor seatinq for the restaurant shall be prohibited, no food and beveraqe
service shall be permitted in any outside area, and the existinq outdoor
seatinq and food and beverage service operation shall cease immediately
upon the adoption of this Resolution. (Planning & Zoning, Code
Enforcement)
4. The applicant shall reduce the number of hotel rooms to 77 within nine
months from the effective date of this Resolution. (Planning & Zoning)
5. Each hotel suite shall contain no more than one entrance/exit from the
common hotel corridor. (Planninq & Zoning)
6. Within 45 days from the effective date of this Resolution, the applicant shall
convert the existing meeting room area to a multi-purpose space to be
utilized for hotel guests. This multi-purpose space shall be limited to lobby
space, storaqe, an exercise area, or to address the needs of guests staving
at the hotel. No outside meetinqs, such as banquets or receptions, shall be
permitted on site. (Planninq & Zoning, Code Enforcement).
7. The parking area below the ancillary building shall be 100% clear of all hotel
and restaurant storaqe, including the walled-in area located in the rear of
the underqround parking area, immediately followinq the adoption of this
Resolution. The walled-in storaqe area shall be converted into two parking
spaces immediately following the adoption of this Resolution. (Planning &
Zoninq, Code Enforcement)
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Date Prepared: March 4, 2005
Resolution 44.2005
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8. Within six months from the effective date of this Resolution, the applicant
shall construct two additional vertical feet to its existinq concrete wall
located along its eastern boundary line. The existinq concrete wall
separates the applicant’s property from the Twelve Oaks Condominium
Association, Inc. The applicant shall apply for and obtain all necessary
permits. The two-foot addition shall be built and painted to match the
existinq wall.
9. The applicant shall use its best efforts to secure all necessary consent and
permits to construct a fence to secure the approximatelv fifteen feet of
unsecured property alonq the southeast corner of the applicant’s property to
prevent pedestrian traffic between its property and the Twelve Oaks
Condominium Association, Inc. Said concrete wall or fence shall be built to
the same vertical heiqht of the existincl concrete wall located alonq its
eastern boundary line. Said wall or fence may include a lockable aate. If
said wall is constructed of concrete, it shall match the existina concrete wall
and painted to match the existinq wall.
IO. The applicant shall prohibit swimminq past dusk and use its best efforts to
prevent excessive noise between the hours of 9:00 p.m. and 8:OO a.m.
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans, as amended herein, and on file with the City’s Growth
Management Department:
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Master Site Plan, Landscaping Plan and Elevation Plan, consisting of nine
(9) sheets and prepared by gbs & h Inc., dated December 13, 1988, and as
revised as of February 9, 1989, marked Job No. 88-1002: +xEM&&&
Master Site Plan prepared by Cotleur Hearing and gbs&h architects, dated
March 17, 1992, consisting of one (1) sheet.
North, West and East Elevations of the Pool Building, updated and prepared
by gbs&h architects, date stamped April 21, 1992, consisting of one (1)
page.
Floor Plan of the Pool Building, updated and prepared by gbs&h architects,
date stamped April 21, 1992, consisting of one (1) sheet.
November 13, 1996, Site Plan by Cotleur Hearing, Sheet 1 of 2.
November 13, 1996, Landscape Plan by Cotleur Hearing, Sheet 2 of 2.
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Resolution 44,2005
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7. November 11, 1996, Front Elevation by J.A.O. Architects and Planners,
Sheet A-I.
8. November 8, 1996, Right, Left and Rear Elevations by J.A.O. Architects and
Planners, Sheet A-2.
9. November 11, 1996, Parking Level Plan by J.A.O. Architects and Planners,
Sheet A-3.
IO. November 11, 1996, First Floor Plan by J.A.O. Architects and Planners,
Sheet A-4.
11. August 8, 1996, Roof Plan by J.A.O. Architects and Planners, Sheet A-5.
12. August 8, 1996, Roof Plan by J.A.O. Architects and Planners, Sheet A-6.
13. November 11, 1996, Building Sections by J.A.O. Architects and Planners,
Sheet A-7.
14. Updated Lobby Renovation by J.A.O. Architects and Planners. 1 Sheet,
date stamped November 14,1996.
15. Waterford Hotel Site Plan bv Urban Desiqn Studio, dated March 8,
2005, Sheet 1 of 5.
16. Waterford Hotel Landscape Plans bv Urban Desiqn Studio. dated October
15, 2004, Sheets 2 throuqh 5.
SECTION 6. All future amendments to the Waterford Hotel PUD shall be
approved by Resolution.
SECTION 7. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: March 4, 2005
Resolution 44,2005
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PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
\\Pbgsfile\Attorney\attorney-share\RESOLUTlONS\wate~ord hotel - reso 44 2005revisions 4-7-05.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 4,2005
Meeting Date: May 5,2005
Ordinance 6.2005
SubiecUAgenda Item
Ordinance 6,2005: Amendments to City Code and Land Development Regulations
Relating Primarily to the Conditional Use Review Process
Public Hearing and Second Reading: A City-initiated request to amend the Palm Beach
Gardens Code of Ordinances relating to the powers and duties of the planning, zoning, and
appeals board, the conditional use review process, the review of development order
applications, application procedures, and permitted uses, conditional, and prohibited uses.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Tala1 Benothman, AlCP
Director
Planning and Zoning Division
Christine P. Tatum ~
Bahareh Wolfs, AlCP
NIA
Development Compliance
Growth Management
Administrator
I Approved by:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Jackie Holloman
Planner
[ ] Quasi-Judicial
[ XI Legislative
[ X ] Public Hearing
Advertised: Yes
Date: April 20, 2005
Paper: Palm Beach
Post
[ ] Not Required
Affected parties:
f--- ] Notified
[ XI Not Required
Finance: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 6, 2005
Date Prepared: March 4,2005
Meeting Date: May 5,2005
Ordinance 6,2005
EXECUTIVE SUMMARY
In order to expedite development application procedures and the review of applications for
development order approval of conditional uses, two categories of conditional uses are
being established: maior conditional uses and minor conditional uses. In conjunction with
the establishment of minor and major conditional uses, Chapter 2 of the City Code of
Ordinances and Chapter 78, Land Development Regulations of the Code Ordinances are
also being amended:
Section 2-147. “Powers and duties”;
Section 78-24. “Development review committee”;
Section 78-43. “Review of applications for development order approval”;
Section 78-46. “Application procedures”;
Section 78-52. “Conditional uses”;
Section 78-54. “Public notice”; and
Section 78-1 59. “Permitted uses, conditional, and prohibited uses.”
A new section is also being established to provide for an appeals process.
These amendments and the new section will allow, in part, the Development Review
Committee (DRC) to review, approve, or deny newly reclassified minor conditional use
applications. Maior conditional uses, including such uses as churches and places of
worship, colleges or universities, governmental uses, hospitals post offices, schools, and
auditoriums, will still require public hearings before the planning, zoning, and appeals
board and the city council.
This amendment is also proposing to modify certain permitted and conditional uses which
are listed in Table 21: Permitted, Conditional, and Prohibited Use Chart. For instance,
“Laboratory, Industrial”, is being changed to “Laboratory, Research and Development” and
will be a permitted use in CG-1, CG2, CR, MI, MIA, M2, and P&l zoning districts.
BACKGROUND
On July 20,2000, the City Council adopted Chapter 78, Land Development Regulations, of
the City Code, prepared by Duncan & Associates. Currently, Section 78-43 of the Land
Development Regulations requires that all conditional use requests be reviewed by the
planning, zoning, and appeals board, with the city council being the decision-making
authority.
DISCUSSION
It is staffs opinion that many minor conditional use petitions could be expedited by being
reviewed, approved or denied by the DRC without compromising the public interest. Major
conditional use petitions would still require review by the planning, zoning, and appeals
2
Date Prepared: March 4,2005
Meeting Date: May 5,2005
Ordinance 6,2005
board and the city council. By allowing the DRC to become the decision-making authority
for minor conditional use petitions, many routine requests could be eliminated from the
agendas of the planning, zoning, and appeals board and the city council. In all cases,
minor and major conditional use requests will be based on compliance with the criteria for
such use as outlined in Land Development Regulations Section 78-52, Conditional uses,
(a) Criteria.
Section 2-747. Powers and duties - It is being proposed that further appeals will be made
to the circuit court from any final decision of the planning, zoning, and appeals board within
30 days from the date of the decision. This change pertains only to variances and minor
site plan reviews and approvals by the planning, zoning, and appeals board and does not
pertain to conditional uses.
Section 78-24. Review of applications for development order approval - Amendments to
this section revise the membership of the DRC to consist of representatives of the city
engineer, growth management director, police chief, fire chief, public works director, and
the building official, who may review, approve, or deny minor conditional use applications,
as identified in the Chart of Uses, without further review by the city council. The
Development Review Committee shall also include other city staff or public service
representatives appointed by the city manager, when the DRC is reviewing maior
conditional uses prior to consideration by the City Council. All DRC meetings shall be
conducted as public meetings.
Section 78-43. Review of applications for development order approval - In Table 1,
Development Order Review, and Table 2, Development Review Schedule, a differentiation
is being made between minor and major conditional uses to indicate that the DRC is the
decision-making authority for minor conditional uses and the city council is the decision-
making authority for maior conditional uses.
Table 2: Development Review Schedule, is being revised to include a column showing the
time-line for review of major and minor conditional use applications. A redundant row for
“Council First or Second Reading” is being deleted.
A clause [sub-section (i)] is being added stating that a development order application is
declared withdrawn in the event the applicant has not responded within 30 days to a
request from the growth management director or designee, planning, zoning, and appeals
board, or city council for additional information, plans, or other materials. The growth
management director may grant one additional 30-day period in which the applicant shall
respond to requests for additional information or materials. The applicant, however, must
request the extension prior to the expiration of the first 30-day period.
Section 78-46. Application Procedures - Modifications are proposed which rearrange
existing language in (d)(l ) pertaining to DRC review of minor conditional use applications
by the DRC, which shall review the application and submit its comments and
3
Date Prepared: March 4,2005
Meeting Date: May 5,2005
Ordinance 6,2005
recommendations to the growth management department director not less than 14 working
days following receipt of the complete application. Incomplete submittals by applicants,
review of environmental factors, lack of or incomplete responses to requests for additional
information, complexity of the application, or need for additional information may delay
DRC review and comments. Already included are the criteria the DRC shall consider when
reviewing applications for minor conditional uses.
This section further clarifies that after an application for a major conditional use is certified
by the development review committee, the application shall be scheduled for a public
hearing before the planning, zoning and appeals board.
Furthermore, in the review of minor conditional use applications, the development review
committee shall approve, with or without conditions, or deny the application. Following a
decision by the development review committee, the growth management director shall
issue a written order consistent with the decision of the DRC.
Section 78-52. Conditional uses - Amendments are proposed to establish the two new
categories of maior conditional uses and minor conditional uses and to address
reconsideration in the event of denial of a petition for both categories. This section also
addresses compliance with certain required criteria, public notice, the appeal procedure,
enforcement, removal, inspections, revocations, and prior conditional uses.
Maior conditional use petitions shall proceed to the planning, zoning, and appeals
board following review by staff and DRC certification. Following a public hearing, the
planning, zoning, and appeals board shall make a recommendation of approval, approval
with conditions, or denial to the city council. The city council shall hold a public hearing
prior to approving, approving with conditions, or denying the major conditional use.
Minor conditional use petitions shall be reviewed by staff and the development
review committee (DRC), and the development review committee shall approve, with or
without conditions, or deny the application.
A clause is being added relative to reconsideration of major conditional uses which have
been denied by the city council. No petition shall be eligible for reconsideration for six
months from the date the application was denied “unless there has been material change
to the application as determined by the growth management director.”
Section 78-54. Public notice - This section is being amended to include the new
categories of major and minor conditional uses. It is being proposed that notices be mailed
to affected property owners and a notice be posted 15 days prior to the DRC meeting at
which minor conditional uses will be considered. A new note (5) is being added stating
that public notice for DRC review of minor conditional uses requires a 15-day posting at the
City Hall complex only and does not require advertisement in the newspaper.
4
Date Prepared: March 4,2005
Meeting Date: May 5,2005
Ordinance 6,2005
Section 78-56. Appeals and reconsideration - Appeals from a final decision of the
planning, zoning, and appeals board or the city council shall be made within 30 calendar
days to the Circuit Court of the Fifteenth Judicial Circuit.
Rezoning applications which have been denied by the city council shall not be eligible for
reconsideration for a rezoning to the same classification for one year. All other
development orders shall not be reconsidered for a period of six months from the date the
application was denied.
Section 78-1 59. Permitted uses, minor and maior conditional uses, and prohibited uses -
The chart of uses contained in this section is being revised to reflect those uses which are
proposed to be minor or maior conditional uses in certain zoning districts, with adjustments
being made to certain accompanying notes as necessary. Please note that variances
from the additional standards applicable to certain uses established within Section 78-1 59
shall not be granted by the development review committee or the planning, zoning, and
appeals board. Several additional modifications have been made to some permitted and
conditional uses and are underlined in the chart, including but not limited to the following:
Dwelling, Single Family, changed from a permitted use (P) in Conservation (CONS)
to a major conditional use (C*);
Antique Shop changed from a conditional use in Neighborhood Commercial (CN) to
a permitted use in CN;
Auto Service Station and Auto Tire Sales changed from conditional use in CGI to
major conditional use (C*);
Fruit and Vegetable Market from a conditional use in General Commercial (CGI and
CG2) to a minor conditional use in CN and a permitted use in CGI and CG2;
Medical and Dental supply sales to also be a permitted use in Research and Light
Industrial Park (MI);
Restaurant, Quality, to allow as a permitted use in CN and CG2 zoning districts;
Clinic, Veterinary, and note 32 deleted because of a duplication of Veterinary Office
and Clinic and note 48, which will remain;
Health, Physical Fitness, Weight Reduction, and Spa to also allow as a minor
conditional use in CN;
Machine Shop not to be a permitted use in MI but allowed as a minor conditional
use in M2;
5
Date Prepared: March 4,2005
Meeting Date: May 5,2005
Ordinance 6,2005
Art Gallery was not previously permitted in CN, but will now be a minor conditional
use in CN;
0 Club or Lodge, Private, from a permitted use in CGI and CG2 to a major conditional
use in these districts;
Laboratory-Industrial, is being changed to Laboratory-Research and Development
and will be a permitted use in CG-1, CG2, CR, MI, MIA, M2, and P&l zoning
districts;
Wireless Telecommunication Facilities from a permitted use in CN to a major
conditional use in CN. In addition, this category is being revised to reflect that even
though the use is permitted in CGI, CG2, CR, MI, MIA, M2, and P&l, it is not
permitted by right, and it will be necessary to pursue the proper approval procedure;
0 Note 65, Agriculture, has new language stating: “All agricultural uses existing as of
(the date of ordinance approval) are permitted to continue. Any proposed
expansion of existing agricultural uses or proposed change that increases the
impacts of the existing agricultural uses, including but not limited to those which
require removal of any environmentally significant lands (upland and wetland),
requires a major conditional use approval.”
PLANNING, ZONING, AND APPEALS BOARD RECOMMENDATION
At its January 11 , 2005, meeting, the Planning, Zoning, and Appeals Board held a public
hearing to review the subject ordinance. The Board voted 7-0 to recommend approval of
the subject ordinance. The following comments reflect the general consensuses reached
by the Board during the review and discussion of the subject ordinance:
0 Hardware stores should be permitted as a minor conditional use in Neighborhood
Commercial - CN zoning districts. Staffhas no objection to this comment because
the LDR note No. (76) already limits such uses to 5,000 square feet in the CN
zoning district.
It was noted that the wireless telecommunication facilities use will be amended as a
separate LDR amendment in the near future.
CITY COUNCIL ACTION ON FIRST READING
On April 7, 2005, the City Council reviewed and approved the proposed amendments to
the Land Development Regulations without any changes.
6
Date Prepared: March 4,2005
Meeting Date: May 5,2005
Ordinance 6,2005
STAFF RECOMMENDATION
The proposed amendments will expedite the review process for minor and routine
conditional use petitions. Therefore, staff recommends approval of Ordinance 6, 2005.
jhlconditional Use LDR Arnendrnentdstaff report CC 1'' reading
7
c
Honorable Mayor Joscph Russo
and City Council members
City of Palin Booch Gardens
10500 North Military 'Trail
Palm &itch Gardens, Florida 33410
RE: MAY 5"" CITY COUNCIL MEETING -
CONSIDERATION OF ORDINANCE 6,2005
REQUEST TO ADD SELF-STORAGE AS A CONDITIONAL USE
iN COMMERCIAL DlSTRlCTS
Dear Mayor Russu an4 Ccwncdmembcrs:
Fleast? acxxpt this request, on behalf of E & J Properlies, LLC, to request an addition to the City-
initiatcxl text amcndmeni (Ordinance 6,2005). which rcvises the Conditional Use process within
the City's Land Development Regulations. We request that Ordinance 6,2005 be amcnded at
the May 5, ZOOS City Cauncil Public Hearing to sllow sdf-storage buildings as a Major
Conditional Usc within commercial ming designations.
The self-storage we has evolved during the past decade hm a wsrehousu-type of use to an
extension of ofticc, tctail, home and govemmcntal services. Self-storagc buiIdjngs have been
and will continue to be designed to mimic their envimnrncnts with architectural dosign
canvideration and screening tachniques. Self-storage buildings are now air conditianod and UBOd
on a community-wide basis. lt is a quid, low-intensity use thsi provides storage s~viccs to
residents and the business community.
The Town af Jupiter allows fbt aelf-stmgc within its commercial district as a spacial exception.
Wc arc requesting a similar requirement within the City of Palm Becrch Gardens. Allowing self
storage facilities within commercial districts as B mqjor conditional usc, will provide the
opportunity far self storage to be accessed throughout the City. E & J Properties is proposing a
fully air-wnditioncd, cornplctely enclosed self storage facility, designed as a Class A off=
building. Them will be no outdoor storage nor internal yard. This ptopoeed type of self stonrgc
is a compatible use within a commercial dcvtlopment.
In addition, self-storage creatcw far less impact on @itcent propertics than otber Commercial
uses. Thc traffic generation rate for retail uscs (89.95 tripr/1000 u.f.) is more than 40 times the
trip ntt for self-storage facilities (2,2S tripdl0QQ 8.f.). The parking requirement for retail is I
spacc per 200 square feet. which the City's parking ratio for self-storsgc facilities is 1 space per
75 storage spaces. Each storage space is limited ta a maximum of 400
square fect per City Code.
As a Major Conditional Use, a self storage buiMing will have to meet
the nine C'nciitiontJ Urn criteria in order to be considered for approval 8. Rasmrcy
mte 22s - ~h. ~o(b a city w
Wwt Palm ma&, FL 33409
Qbt .sm. 1 1 MI
wnww.UDSonlIne.com
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661 366.1 1 1 I hat
dwing public hearings before the Planning, Zoning and Appeals Board and City Council. In
addition, the City has regulations specific to self storage Eacilitics which will continued to be
followbd. Thesc regulations include rcstrictions on the size of storage spaces, camaka quarters
and the location and screening of outdoor storagc.
As a pan of the Sire Plan Review process, self storage facilities would be reviewed for the
quality of Ihc architecture and design compatibility with the surrounding community, thus,
atrurding the ability to control how these facilities look and operate.
Thank you for your time and consideration of this request. Wc look tirrward to d~scussing this
mattex with you during the May 5,2005 City Council meeting.
Sincerely,
Urban bilpl Studio
L/ Mmy R.A. Minor, AICP
Planner
C: Charles Wu, Growth Management Ditector
?Mal B~n~thm~, Planning and Zoning Dimor
Brad Wisemen, Senior Planner
Jon Channing, E & 3 Properties, LLC
-
Date Prepared: March 1 1, 2005
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ORDINANCE 6,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE POWERS AND
DUTIES OF THE PLANNING, ZONING, AND APPEALS BOARD,
THE CONDITIONAL USE REVIEW PROCESS, THE REVIEW OF
DEVELOPMENT ORDER APPLICATIONS, APPLICATION
PROCEDURES, AND PERMITTED USES, CONDITIONAL, AND
ORDINANCES ENTITLED “POWERS AND DUTIES”; AMENDING
“DEVELOPMENT REVIEW COMMITTEE”; AMENDING SECTION
78-43, CODE OF ORDINANCES ENTITLED “REVIEW OF
APPLICATIONS FOR DEVELOPMENT ORDER APPROVAL”;
AMENDING SECTION 78-46, CODE OF ORDINANCES, ENTITLED
CODE OF ORDINANCES ENTITLED “CONDITIONAL USES”;
PROHIBITED USES; AMENDING SECTION 2-147, CODE OF
SECTION 78-24, CODE OF ORDINANCES ENTITLED
“APPLICATION PROCEDURES”; AMENDING SECTION 78-52,
AMENDING SECTION 78-54, CODE OF ORDINANCES ENTITLED
“PUBLIC NOTICE”; CREATING A NEW SECTION 78-56 TO BE
SECTION 78-1 59, CODE OF ORDINANCES ENTITLED
ENTITLED “APPEALS AND RECONSIDERATION”; AMENDING
“PERMITTED USES, CONDITIONAL, AND PROHIBITED USES” TO
MODIFY CERTAIN PERMITTED AND CONDITIONAL USES;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance 17, 2004 on June 3, 2004,
amending the City advisory boards and committees in order to establish general policies
and procedures and to update the purpose, powers and duties, and membership criteria
for such boards and committees; and
WHEREAS, the City Council has determined that it is necessary to amend the
Code of Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section
2-147 entitled “Powers and duties” to provide that further appeals from any final decision
of the Planning, Zoning, and Appeals Board shall be made to the circuit court; and
WHEREAS, the City Council adopted Chapter 78, Land Development
Regulations, of the City Code of Ordinances through Ordinance 17, 2000; and
WHEREAS, the City Council has determined that in order to expedite
development application procedures and the review of applications for development
order approval, it is necessary to amend the City Code of Ordinances, Chapter 78, Land
Development Regulations, Section 78-24 entitled “Development review committee”;
Section 78-43 entitled “Review of applications for development order approval”; Section
Date Prepared: March 11, 2005
Ordinance 6, 2005
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78-46 entitled “Application procedures”; Section 78-52 entitled “Conditional uses”;
Section 78-54 entitled “Public notice”; and to create a new Section 78-56 entitled
“Appeals and reconsideration”; and to amend Section 78-1 59 entitled “Permitted uses,
conditional, and prohibited uses”; and
WHEREAS, this Land Development Regulations amendment petition (LDR-04-
02) was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on
January 11 , 2005, and the commission recommended approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Code of Ordinances, Chapter 2, Division 6, “Planning, Zoning,
and Appeals Board,” Section 2-147 entitled “Powers and duties” is amended to read:
Sec. 2-147. Powers and duties; appeals.
The City Council hereby authorizes the board to hold and perform the following powers
and duties:
(a) Review and make recommendations to the city council on site plans, master site
plans for planned unit developments, planned community developments, and major
amendments thereto.
(b) Hold workshops and public hearings on development petitions presented to the
board.
(c) council.
Review all requests for zoning changes prior to review of said changes by the city
(d) Review and make recommendations to the city council on requests for annexation
of lands into the city, together with requested land use and zoning of the annexed lands.
(e) Act as the land development regulation commission to develop and recommend
land development regulations which implement the adopted comprehensive plan and to
review land development regulations, or amendments thereto, for consistency with the
adopted plan and report to the city council regarding its findings.
(f) comprehensive plan and future land use map revisions.
Act as the local planning agency to develop and recommend to the city council
2
Date Prepared: March 11,2005
Ordinance 6, 2005
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(9) Hear and decide appeals from and review any order, requirement, decision, or
determination made by the administrative officials charged with the administration or
enforcement of the city’s land development regulations.
(h) Hear and decide on all variance requests in accordance with Section 78-53 of the
city’s land development regulations.
(i) The board shall have no authority to authorize the use of any parcel of property or
structure in a manner not permitted by the zoning classification of the district in which
the property or structure is located.
li) Further appeals. An appeal may be made to the circuit court from any final
decision of the planning, zoning, and appeals board, provided the appeal shall be filed
within 30 days from the date of the decision.
SECTION 3. Section 78-24, Land Development Regulations, entitled
“Development review committee” is amended to read:
Sec. 78-24. Development review committee.
(a) Establishment. For the purpose of reviewing, approvinq. or denyinq minor
conditional use applications, T the development review committee consists of
representatives of the city engineer, c%ya%mc;l, , growth management
director, police chief, fire chief, public works director, and the building official, For maior
conditional uses, the development review committee shall also include other city staff,
or public service representatives appointed by the city manager. The growth
management director or designee shall serve as chair of the committee. The committee
shall have the following jurisdiction:
(1) Review development order applications submitted pursuant to this chapter
ensure that development order approvals are consistent with the requirements of the
city’s comprehensive plan and codes. All development review committee meetings
shall be conducted as public meetinqs;
/2) (3) Provide specific comments regarding consistency of development order
applications with the requirements of the city’s comprehensive plan and codes; and
(3)w Provide specific recommendations if an application is not consistent with
applicable requirements,; and
/4) Approve applications for minor conditional uses as identified in Section 78-1 59,
Table 21.
3
Date Prepared: March 1 1, 2005
Ordinance 6, 2005
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SECTION 4. Section 78-43, Land Development Regulations, entitled “Review
of applications for development order approval” is amended to read:
(Note: “. . .” Indicates unchanged language omitted for brevity.)
Sec. 78-43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as
indicated in Table 1 and shall comply with all requirements of this chapter. ...
(2) Public hearings and workshops. All applications for development orders to
consider rezonings, maior conditional uses, development order amendments, and land
development regulations text amendments shall be subject to an advertised public
hearing by the planning, zoning, and appeals board and the city council. Prior to
scheduling a public hearing, the growth management department staff may schedule
one or more workshops to review the application with the planning, zoning, and appeals
board ew+awn4. ...
(b) Planning, zoning, and appeals board workshops and public hearings.
(1) Workshops. The planning, zoning, and appeals board may consider the comments
and recommendations from the development review committee and growth
management department staff at one or more workshop meetings.
Table 1 : Development Order Review
Notes:
A=Advisory Review DRC=Development Review Committee
Blank=Not Applicable DO=Development Order
PZAB = Planning, Zoning, and Appeals Board
C=Completeness Review J =Technical Review
CC=City Council
D=Discretionary per Growth Management Director
=Decision Making Authority
...
Note:
brevity.
Remaining rows of table have been omitted for
4
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Ordinance 6, 2005
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Table 2: Development Review Schedule
Notes:
PZAB=Planning, Zoning, and Appeals Board
Blank=Not Applicable MIN=Minimum
D=Subject to Discretion of Growth Mgmt. Director
DO=Development Order Var=Variance
DRC=Development Review Committee
4 =Applicable
Working Days are Monday through Friday (excluding city holidays)
MAX=Maximum
Misc. Rev=Miscellaneous Review
NOTE:
Minor Remaining
Working Rezoning Conditional Conditional columns of
omitted for
brevi@.
- Major
Action Days (Ail) Use - Use table have been
(Note: ". . . " Indicates unchanged language omitted for brevity.) ...
(3) Public hearing. 4 uII appkakm, tThe
growth management department staff shall schedule a public hearing or public meeting
to consider the application. Public notice shall be provided as required in section 78-54. ...
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Date Prepared: March 1 1, 2005
Ordinance 6, 2005
(e) City council consideration.
(1) Workshop meeting or first reading. After receipt of a recommendation from the
planning, zoning, and appeals board, the city council shall schedule first reading. At
such meeting, the city council shall consider the comments and recommendations from
the planning, zoning, and appeals board, the growth management department staff, and
the development review committee--&#, as applicable. An application for development
approval may be considered at one or more workshop meetings or regular meetings. ...
li) Withdrawal of development order application. A development order application
shall be declared withdrawn in the event the applicant has not responded within 30 days
to a request from the growth management director or desianee. the planninq, zoninq,
and appeals board, or the city council for additional information, plans, or other
materials. The growth management director mav qrant one additional 30-dav period in
which the applicant shall respond to the request for additional information or materials,
but the applicant must request the extension prior to the expiration of the first 30-day
period.
SECTION 5. Section 78-46, Land Development Regulations, entitled
“Application procedures” is amended to read:
Sec. 7846. Application procedures.
(a) Single Application. All properties within a single application must be contiguous or
be the subject of separate application and filing fees.
(b) Applications. All applications for development order approval shall be submitted to
the growth management department. All applications shall be filed on forms provided
for that purpose by the growth management department. All applications shall be
accompanied by such supporting documentation as required by these land development
regulations or by the growth management department.
(c) Completeness Review. Within seven working days, excluding holidays, after
receipt of an application, the growth management department shall determine that the
application is complete or incomplete.
.. (1) Complete application. Thc 7. A complete application includes the following:
a. All information required to accompany the application;
b. All information required is complete, prepared in accordance with professionally
acceptable standards, and is consistent with the development order application;
c. All fees required by the city; and
6
Date Prepared: March 11, 2005
Ordinance 6, 2005
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d. The required number of copies.
The growth management director shall notify an applicant in writing if the
application is determined to be complete.
(2) Incomplete application. If the Tbe application is not complete, and itshall not be
subject to further reviewi until all identified deficiencies have been remedied. The
applicant shall be notified in writing that the application is incomplete, and the specific
deficiencies that have been identified. Within 30 days of the date of the notification, the
applicant shall submit all information necessary to remedy the deficiencies. The director
may waive the 30 day requirement if reasonable progress is being made to remedy the
application. An application shall not be subject to further review until all deficiencies are
remedied. Failure of an applicant to respond within the 30 days to a notice of deficiency
shall void the application.
(d) Development Review Committee. The development review committee (DRC) shall
review all applications as provided herein.
(1) DRC review. The growth management department shall fotward the completed
application to the members of the DRC, who shall ' : review the
application and shall submit their comments and recommendations to the growth
management department director not less than 14 working days following receipt of the
complete application. Incomplete submittals by applicants, review of environmental
factors, lack of or incomplete responses to requests for additional information,
complexitv of the application, or need for additional information mav delav DRC review
and comments. In reviewinq the application, the members of the DRC shall consider
the following criteria:
a. Conformity of the proposed development with the comprehensive plan, this
chapter, and other applicable ordinances of the city;
b. Characteristics of the site and surrounding area, including important natural and
manmade features, the size and accessibility of the site, and surrounding land
uses;
c. Natural and environmental resources present on the site;
d. The nature of the proposed development, including land use types and
densities;
e. Compatibility with adjacent land uses;
f. Conformity with traffic performance standards;
g. Impact on public safety services;
7
Date Prepared: March 11, 2005
Ordinance 6, 2005
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h. Impact on public schools, unless otherwise addressed as a requirement of the
city's concurrency management system; and
i. Other applicable factors and criteria prescribed by the city.
(32) Request for additional information. When an application has been considered by
the DRC, additional information regarding the application may be requested.
a. The requested information shall be submitted by 12:OO noon at least seven
working days, excluding holidays, prior to the next scheduled DRC or planning,
ad zoning, emmkskm and appeals board meeting, as applicable.
b. When the additional information requires the review of the city engineer, the
information shall be submitted by 12:OO noon at least 15 working days,
excluding holidays, prior to the next scheduled DRC or planning, ai& zoning,
cxwmksh and appeals board meeting, as applicable.
(43) DRC certification and approval. Certification of an application by the development
review committee is contingent upon such factors as a complete application,
compliance with all comprehensive plan and land development regulation requirements,
receipt of all requested additional information, and satisfaction of all comments.
Certification of an application by the development review committee is mandatory prior
to any further processing of a development order application. After an application for a
maior conditional use is certified bv the development review committee, the application
shall be scheduled for a public hearing before the planninq, zoninq. and appeals board.
14) In the review of minor conditional use applications, the development review
committee shall approve, with or without conditions, or denv the application. Following
a decision bv the development review committee, the qrowth management director shall
issue a written order consistent with the decision of the DRC. ...
(The remainder of Section 78-46 is omitted for brevity.)
8
Date Prepared: March 1 1,2005
Ordinance 6, 2005
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SECTION 6. Section 78-52, Land Development Regulations, entitled
“Conditional uses” is amended to read:
Sec. 78-52. Conditional uses.
la) Categories of conditional use review. The following categories of conditional use
review are established:
/I) Maior conditional uses: and
/2) Minor conditional uses.
/b) Maior conditional uses. Development order applications for maior conditional uses
shall be reviewed by staff and the development review committee. Following a public
hearinq, the planninq. zoning, and appeals board shall make a recommendation of
approval, approval with conditions, or denial to the city council. The city council shall
hold a public hearinq prior to approving, approving with conditions, or denying the maior
conditional use.
]V
council shall not be eligible for reconsideration for 6 months from the date the
application was denied, unless there has been material chanqe to the application as
determined by the growth management director.
lc) Development orders for minor conditional uses shall be Minor conditional uses.
reviewed by staff and the development review committee. The development review
committee shall approve, with or without conditions, or deny the application. Followinq
a decision by the development review committee, the qrowth manaqement director shall
issue a written order consistent with the decision of the development review committee.
/I ) Public notice.
a. The applicant shall obtain from the Palm Beach County property appraiser’s
office a certified propertv owners’ list of all property owners within 500 feet of
the site affected by the minor conditional use. The applicant shall be
responsible for composinq and mailing or hand-deliverinq at least 15 days
before the scheduled development review committee meetinq the required
public notices to the property owners affected by the minor conditional use.
The applicant shall submit an affidavit to the qrowth management department
director stating such notices were sent to all property owners within the
desiqnated area.
b. The city clerk shall post a notice in a public place at the city hall complex at
least 15 days before a scheduled development review committee givinq the
date and time of the meeting and the items to be considered.
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Date Prepared: March 1 1,2005
Ordinance 6, 2005
/2) Appeal Procedure. Appeals from a decision by the development review committee
shall be made through the growth manaqement department to the planninq, zoning, and
appeals board within 30 calendar days of issuance of the written order. Appeals shall
be scheduled for the next available agenda of the planning, zoninq. and appeals board
within 30 days from date of receipt of the appeal. Appeals from a final decision of the
board shall be made within 30 calendar days of such decision and shall be filed with the
Circuit Court of the Fifteenth Judicial Circuit.
/3) Reconsideration. Any minor conditional use which has been denied by the
development review committee shall not be eligible for reconsideration for 6 months
from the date the application was denied, unless there has been material chanqe to the
application as determined by the qrowth management director.
Id) @) Criteria. In addition to the application requirements listed above, a
development order application for a minor or maior conditional use approval shall
demonstrate compliance with the criteria listed below. ...
le)
conditional uses are subject to the enforcement procedures listed below.
Enforcement. In addition to the provisions of chapter 2 of the city code,
(1) Revocation. The city council shall have the power to revoke maior conditional
uses for noncompliance with conditions of development approval. The growth
management director shall have the power to revoke minor conditional uses for
noncompliance with conditions of approval.
Removal.
a. Maior conditional uses. The city council shall have the right to compel removal
of offending structures or uses that are accessory to or part of the maior
conditional use at the cost of the violator and may record a lien against the
property to recover its costs.
b. Minor conditional uses. The qrowth management director shall have the right
to compel removal of offending structures or uses that are accessow to or part
of the minor conditional use at the cost of the violator and may record a lien
against the property to recover its costs.
Inspections. The growth management department shall review and inspect
conditional uses to ensure compliance with conditions of approval. l%#we-&
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Date Prepared: March 1 1, 2005
Ordinance 6, 2005
a. All minor conditional uses which fail to complv with any or all conditions of
approval shall be reported to the growth management director. The report shall
specify the manner in which the landowner is not complving with one or more
conditions of approval. The growth management director mav:
1. Request timelv compliance with the conditions of approval;
2. Direct initiation of code enforcement proceedings pursuant to article VI1 of
this chapter; or
3. Initiate the leqal action and procedures necessary to revoke the minor
conditional use.
- b. All maior conditional uses which fail #%il.we to comply with any or all conditions
of approval shall be reported in writing to the city council. The report shall
specify the manner in which the landowner is not complying with one or more
conditions of approval. The city council, upon receipt of the written report, may:
1. it. Request timely compliance with the conditions of approval;
2. 8: Direct initiation of code enforcement proceedings pursuant
VII; or
to article
3. - 6. Initiate procedures to revoke the maior conditional use. If the city
council initiates procedures to revoke the maior conditional use, a hearing
on the report shall be scheduled within a reasonable time, and notice of
the time and place of the hearing shall be furnished to the landowner. If
the city council finds that the facts alleged in the report are true, and that
the landowner has not taken the steps necessary to fully comply with the
conditions between the date of the report and the date of the hearing, the
city council may authorize the city manager to revoke the maior
conditional use. The city council also may authorize the city manager and
take the necessary legal action to terminate the maior conditional use and
all uses authorized by that approval.
{f) Prior conditional uses. Any land use which was legallv established prior to (date of
adoption of this ordinance), and thereafter is classified bv this chapter as a maior or
minor conditional use, will be considered a leqal nonconforminq use.
/I ) Amendments to prior conditional uses. Conditional use amendment applications
shall be reviewed in the same manner as required bv this section and as determined bv
the maior or minor conditional use cateqories identified in Section 78-159, Table 21,
Chart of Uses.
SECTION 7.
notice” is amended to read:
Section 78-54, Land Development Regulations, entitled “Public
11
Date Prepared: March 11, 2005
Ordinance 6, 2005
Planning, Zoning, and Appeals Board/l PA
gnd DeveloDment Review Committee,
Action Mail (1) paper (1) Post (1)
News-
Sec. 78-54. Public notice.
City Council
Mail (1) Paper (1) Post (1)
Ne WS-
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Major 10 Days 10 Days
Conditional
Minor 15 davs
Conditional
Use
951 --
(a) Public notice. Public notice, including mail notice, posting of property, and
newspaper advertising, shall be provided as required below and as indicated in Table 4.
In the event of a conflict between the table and the text, the requirements of the text
shall prevail.
Table 4: Required Public Notice for Public Hearings
15 Days 10 Days 10 Days 10 Days
15 Davs 151 -- -- --
...
Notes:
(1) Number of calendar days prior to date of public hearing.
(2) Second public hearing held at least ten days after first public hearing.
(3) The first public hearing must be held on a weekday, and both public hearings must be held
(4) Public hearings must be held on a weekday.
(5) Public notice for development review committee meetinas reauire postina at the citv hall
after 500 p.m. unless otherwise determined by the city council.
complex onlv.
SECTION 8. Section 78-56, Land Development Regulations, is created to read:
Sec. 78-56. Appeals and reconsideration.
(a) Appeals. Appeals from a final decision of the planning, zoning, and appeals board
or the city council shall be made within thirty calendar days of such decision, and shall
be filed with the Circuit Court of the Fifteenth Judicial Circuit.
(b) Reconsideration.
(1) Rezoning. Any parcel, or substantially the same parcel, which is the subject of a
rezoning which has been denied by the city council shall not be eligible for
reconsideration again by the planning, zoning, and appeals board or the city council for
a rezoning to the same classification for one year from the date such application was
denied by the city council, unless there has been material change to the application as
determined by the growth management director.
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Date Prepared: March 11, 2005
Ordinance 6, 2005
(2) Other development orders. Any parcel, or substantially the same parcel, subject of
an application for development order approval, including any form of conditional use,
major or minor site plan review, or development order amendment, which has been
denied by the development review committee, the city council, or the planning, zoning,
and appeals board, shall not be eligible for reconsideration by that body for six months
from the date the application was denied, unless there has been material change to the
application as determined by the growth management director.
SECTION 9. Section 78-1 59, Land Development Regulations, entitled
“Permitted uses, conditional, and prohibited uses” is amended to read:
Sec. 78-159. Permitted uses, minor and maior conditional uses, and prohibited
uses.
(a) Permitted, minor conditional, maior conditional, and prohibited uses. Permitted
uses, minor conditional, maior conditional uses, and prohibited uses are established in
Table 21. The use of all new or existing buildings, structures, and properties shall
conform with the requirements of Table 21. Additional standards applicable to certain
uses are indicated in this table. For the purposes of this article, uses shall be defined as
indicated below.
(b) Permitted uses. Any use allowed as a matter of right in a zoning district, subject to
review by city staff and compliance with all requirements contained in this chapter.
(c) Conditional uses.
(1) Major conditional use. Any use that may be allowed, subject to review and
consideration by the planning, zoning, and appeals board and city council as provided in
this chapter.
/2) Minor conditional use.
consideration bv the development review committee as provided in this chapter.
Anv use that mav be allowed, subiect to review and
(d) Prohibited uses. Any use not listed as a permitted use, minor conditional use, or
maior conditional use in Table 21, or not recognized as a similar use, is a prohibited use
and shall not be established.
(e) PGA Boulevard overlay corridor. Permitted and prohibited uses within the PGA
overlay corridor are established in division 2 of article VI and shall pre-empt any
permitted or conditional uses allowed herein.
13
Date Prepared: March 11, 2005
Ordinance 6, 2005
RE RR10 RR20 RLI RL2 RL3 RM RH RMH PO CN CG1 CG2 CR M1 MIA M2 P81 CONS PDA
CATEGORYNSE
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Note
(f) Similar uses. A use not listed in Table 21 , but possessing similar characteristics,
including, but not limited to size, intensity, density, operating hours, demands for public
facilities such as water and sewer, traffic impacts, manufacturing and business
practices, may be established upon approval by the growth management director. Such
uses shall be subject to all requirements of the uses to which they are similar. Appeals
of such determinations shall be made to the planning, zoning, and appeals board. The
growth management director shall notify the city manager, in writing, of
all decisions regarding similar uses.
(9) Variances. A variance from the additional standards applicable to certain uses
established herein shall not be granted by the development review committee or the
planning, zoning, and appeals board.
(h) Waiver. A waiver from the additional standards applicable to certain uses
established herein may be granted by the city council as part of approval of a planned
unit development or planned community district, subject to the requirements of section
78-1 58. ...
Table 21 : Permitted, Conditional, and Prohibited Use Chart
Notes:
P = Permitted Use
Blank = Prohibited
PUDs and PCDs = Permitted Uses by Development Order Approved by City Council
C = Minor Conditional Use C*= Maior Conditional Use
14
Date Prepared: March 11, 2005
Ordinance 6, 2005
PO
RETAIL 8 COMMERCIAL
CN CG1 CG2 CR M1 M1A M2
cc
- c'g
Entertainment
Bicyde Sales and
Repair
Boat and Marine
Sales
Bookstore
Car WashlAuto
Detailing
Clothing and
Accessory Store
Consignment
Shop
Convenience I 1 I I 1
Store wlGas
sales
Convenience
Store wlo Gas
Department Store
Dint
Department Store
DNgsbre or
Pharmacy,
General
- c'
PP
PP
- C*
P
cc
- c'P
- C' P
'+
P
PP
t
P81 CONS PDA Note
15
Date Prepared: March 11, 2005
Ordinance 6. 2005
CG1
- P
- RMH
Limited
Farm Equipment
and Sales
Feedstore
Floral or Florist
Shop
Fruit and
Vegetable market
Gift and Card
Shop
Grocery Store,
Retail
Hardware, Paint,
Glass, Wallpaper
and Floor
covering Store
and Craft Shop
Jewelry Store,
including Repair
of Jewelry and
Landscape,
Nursery, and
Garden Supplies
Lawn Mowar
Sales and Repair
Lumber Yard and
Building Materials
Machinery, Tools,
and Construction
Equipment Sales
and Setvice
Medical and
Dental supply
Sales
Motorcyde Sales
and Service
Nightclub, Bar, or
Lounge
Pet Grooming
Shop
Pottery Shop
Recreational
Vehicle Park
Restaurant,
General
_. P - P - P
16
Date Prepared: March 11,2005
Ordinance 6, 2005
RMH PO I - Note
20 -
- 21
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26
-
-
-
-
-
CN CG1
- c'
PP
E:P
P
P
- C
cc
CG2 CR M1
- c'
P
c!?
P
P
- C
- C
MIA M2 CONS PDA
CATEGORYMSE
Restaurant, Fast
Food (with or wlo
Drive-thrwgh)
Restaurant,
WaltV
Restaurant,
Quality
Restaurant, Take
out
Retail, General
Showroom,
General
Thrift and Used
Merchandise
Stoce
PERSONAL SERV
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- 29
30
31
- c'
- 32
33
Kennel r Autorrruck Fleet
Maintenance
Shops and
Garages
Autflruck Body
Repair Shop
AutomatidSet
Serve Car Wash
BankiFinancial
Institution wlDrive
Through
BankiFinancial
Institution wlo
Drive Through
Banquet Facility
BarberBeauty
Blueprinting
Boat Repair
Business, Trade
and Vocational t Catering Service - P
Mausoleum
Clinic, Medical or - P
- P
Dental
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--
RE RRlO RR20
CATEGORYlUSE
Data Processing
Senrice
Day Care, Child
and Adult
DayCare,Farnily P P P
Dry Cleaning
Electronic Repair
Emergency
Health Care
Express or Parcel
Delivery Office
Express or Parcel
Delivery
Distribution
canter
Exterminah
Senrice
Funeral Home
Health, Physical
Fitness, Weight
Reduction, and
Housekeeping
and Janitorial
Services
Laboratory,
General
Laboratory,
Dental or Medical
Laundry, Self
Setvice
Laundry and dry-
cleaning Pickup
Station
Laundry, Linen
Supply and
Cleaning Senrice
Locksmith
Machine Shop
Mail and Packing
Store, Private
Marina,
Commercial
Marina, Private
Mooring or Dock
Date Prepared: March 11, 2005
Ordinance 6, 2005
I I I
Massage Therapist
18
Date Prepared: March 11,2005
Ordinance 6, 2005
RE RRIO RR20 RLI
XTEGORYIIISE
,lotion Picture
Ldio
II I I Juning Home or
hvalescent
kcorating
:ontractor
J r oce ss i n g
I
Jrint Shop
Self Senrice
Storage
Shoe Repair
I I I I
Travel Agency
Video Game and
Amusement
I I I I
Video Rental and
SaleS
OFFICE
PUBLIC AND INSTITUTIONAL
Churchsand C G - c* c*cc*c*ccccc
Places of
Worship
College or
University, Public or Private
PDA Note
42
43
44
45
19
Date Prepared: March 11, 2005
Ordinance 6, 2005
CULTURAL, ENTERTAINMENT, AND RECREATIONAL
Private
WHOLESALE
Building Supply,
Wholesale
Florist
Food Products,
Wholesale
Storage and
sales
Wholesale and
Warehousing,
General
INDUSTRIAL AND CTURll t t
P 55
P
56
57
20
.*---
MI
PP
cfl
Date Prepared: March 11,2005
Ordinance 6, 2005
M1A hl2
cp cp
P
PPP
PPP
PPP
P
PPP
PPP
PP
- c'
P
- C"/ p
59
60
61
62
63
64
PP PP
Agriculture
Excavation and
Fill, and Borrow
Pit Operations
- C' 65
- C' - C" 66
AccessoryUses P P P P P P P P P P P P P P PPPP P
RR20 RL1 RL2 RL3 TfF RE RR10
CATEGORYNSE
Manufacturing,
Repair and
Restoration
Research and
Develwment t Manufacturing,
Manufacturing
and Repair
Printing and
Publishing
Sporting Goods
Manufacturing
Stone Cutting
and Fabrication
Tod
Manufacturing
Manufacturing
TRANSPORT, UTILITIES, 8 COMMUNICATIONS T I i: Aviation
and Boat
Storage,
Commercial $
PP
Passenger
Station
Radio/Television
Broadcast Studio
Utility Plant and
Major
Substations
Utilities, Minor P P
Wireless Tele-
communication
Facilities
RESOURCES PRODUCTION AND
21
Date Prepared: March 1 1, 2005
Ordinance 6, 2005
RE RR10 RR20 RL1 RL2 RL3 RM RH RMH
CATEGORYNSE
Mobile Home,
Temporary
Recreabon, cc c cccc - C
A-w
SatelliteDishes, P P P P P P P P P
Accessory
Trailers, PP
Consbucbon
Trailers,Sales P P P P P P P P P
PO CN ' CG1 CG2 CR M1 M1A M2 P81 CONS PDA Note
- cccc - ccccc - C 67
68
P P P P P PPP P 69
PPPPPPPPPPPPPPPPP 70
P P P P P P P P P 70
~~
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(j) in the "Note" column of Table 21.
Additional standards. The following standards apply to specific uses as indicated
(Note: ". . . " indicates unchanged language omitted for brevity.) ...
(IO) Auto rental, accessory. Accessory auto rental shall be permitted in conjunction
with an approved hotel or motel use, and shall comply with the standards provided
below.
a. The storage of automobile rentals and storage of inventory may be permitted as
a minor conditional use in conjunction with an approved hotel use of not less
than 100 hotel rooms. ...
(1 1) Auto service station. Auto service station shall include sale of gasoline and diesel
products, auto parts and accessories, and repair of vehicles. May include auto repair,
subject to the restrictions contained within this section for such use. Auto repair
facilities shall comply with the standards listed below. ...
d. Sale of convenience items, including food, beverages, tobacco products, etc.,
in an existing, new, or converted auto service station requires major conditional
use approval. ...
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Date Prepared: March 11, 2005
Ordinance 6, 2005
(12) Auto tire sales and installation. Auto tire sales and installation shall be allowed as
a maior conditional use in CGI zoning districts and a permitted use in CG2 zoninq
districts. Auto tire sales and installation include sales, installation, repair and
maintenance of tires and accessories, and front end alignment, wheel balancing, and
similar tasks. The use may include sale and installation of batteries, shock absorbers
and struts, oil and fluid changes, brake repair and replacement, and installation of
mufflers and tail pipes. Bay doors shall not be oriented toward public rights-of-way or
residential zoning districts. However, bay doors may be so oriented if visibility from a
public right-of-way is completely and permanently screened by a building, opaque
masonry wall, or a similar fixed structure.
(13) Convenience stores with gas sales. Convenience stores with gas sales are
stores which sell convenience food items, including food, alcoholic and non-alcoholic
beverages, snacks, tobacco products, ice, and frequently-needed household items.
Convenience stores with gas sales shall comply with the standards listed below. ...
e. Co-location of fast food restaurants with convenience stores may be permitted
as a minor conditional use subject to the following: ...
(25) Showroom, general. General showroom is an establishment where merchandise
or services are displayed for advertising or sale purposes. Showrooms shall comply with
the standards listed below. ...
b. The merchandise or services displayed, advertised, or sold shall be consistent
with the manner in which uses are established in these land development
regulations as permitted uses, minor conditional uses, or prohibited uses. ...
(29) Bank or financial institution. Bank or financial institution with more than four drive:
through windows shall be a maior conditional use. ...
.. .. /32) Reserved. -.\!!
...
(40) Marina, commercial and residential docks.
a. Marinas are permitted as a-maior conditional useg in certain residential and
nonresidential districts, and may be approved as an element of a planned
development. Any uses associated with marinas, such as fueling, repairs and
maintenance, retail sales, hauling and storing, and yacht club facilities may be
permitted within certain districts, as provided below.
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Date Prepared: March 11,2005
Ordinance 6, 2005
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1. In residential districts, fueling may be allowed as an ancillary use if
approved as a maior conditional use. ...
3. In CG-1, CG-2, PUD, and PCD zoning districts, accessory uses may
include marinas offering permanent, seasonal, or transient live aboard
accommodations. Marinas offering such accommodations shall provide
hookup service to approved onshore potable water sources and
wastewater treatment systems, if approved as part of a maior conditional
use. ...
(48) Veterinary office and clinic. Veterinary offices and clinics exdudai e#fke.s with
kennels and/or overnight boarding facilities shall not be allowed unless soundproofed
and approved as a minor conditional use.
(49) Churches and places of worship shall comply with the standards provided below.
a. Less than 1,000 permanent seats or approved capacity may be located as a
maior conditional use in any residential zoning district, and in CG-1, CG-2, and
P&l zoning districts.
b. More than 1,000 permanent seats or approved capacity may be located as a
maior conditional use in the following districts: CG-1, CG-2, PI, M-I, M-IA, and
M-2. ...
d. The following uses may be included within any maior conditional use approval
granted by the city council to establish a church or place of worship, or as an
additional maior conditional use operating as part of the facility:
1. School, elementary or secondary;
2. Day care, child;
3. Day care, adult;
4. Assisted living facility; and
5. Monastery or convent. ...
(54) Schools, public or private. Public or private schools are public or private
elementary or secondary schools conducting regular classes with a course of study
approved by the Florida Department of Education. All schools shall comply with the
standards listed below.
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I"-
Date Prepared: March 11,2005
Ordinance 6, 2005
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a. Shall conform to all city concurrency requirements.
b. Shall connect to public water and sewer treatment systems, or other
systems approved by the city and the county health department.
c. Shall be approved as a maior conditional use. ...
(62) Utility plant and major substation. Water treatment, sewer treatment, electric, gas,
or other utility plants and major substations are permitted as a maior conditional use in
the following zoning districts: PA, PDA, CONS, MI, MIA, and M2. Utility plants and
major substations shall comply with the standards listed below. ...
(65) Agriculture. Agriculture does not include the following: commercial feed lots,
raising or sale of fur-bearing animals, riding academies, livery or boarding stables, or
dog kennels. All agricultural uses existina as of (the date of ordinance approval) are
permitted to continue. Anv proposed expansion of existinq agricultural uses or
proposed chanqe that increases the impacts of the existinq agricultural uses, includina
but not limited to, those which require removal of any environmentallv significant lands
(upland and wetland). requires a maior conditional use approval.
(66) Excavation and fill, and borrow pit operations. Excavation and fill, and borrow pit
operations shall comply with the standards provided below. ...
b. Operations allowed. Excavation and fill operations and borrow pit operations
may be allowed as provided below. ...
2. Borrow pit operations may be allowed upon application to the city and
approval by the city council as a maior conditional use, in accordance with
the provisions of division 1 of article Ill of this chapter. ...
d. Permits, plans and specifications, surety, and permit fees for borrow pit
operations. Borrow pit operations may be allowed, subject to the requirements
listed below.
1. Before borrow pit operations begin, the owner, the lessee, or an
authorized agent of the owner or lessee of the affected property shall
obtain approval and a permit for a maior conditional use, as well as all
applicable counties, water management districts, state, or federal permits. ...
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Date Prepared: March 11, 2005
Ordinance 6, 2005
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(67) Mobile home, temporary. The temporary minor conditional use of a mobile home
may be authorized by the a+-eww+ ' development review committee when such use is
necessary and incidental for maintaining security in remote or isolated areas of the city
or areas reasonably inaccessible to regular police patrol or where reasonable regular
police patrol cannot be maintained due to the vastness of an area. ...
(68) Recreational uses, accessory. Any parks, playgrounds and play fields, or
recreational or community structures maintained by any property owners' association
are permissible maior conditional uses in any zoning district. ...
SECTION IO. Codification of this Ordinance is hereby authorized and directed.
SECTION 11. This Ordinance shall become effective immediately upon
adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: March 1 1, 2005
Ordinance 6, 2005
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PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Mayor Joseph R. Russo
Vice Mayor Eric Jablin
Councilmember David Levy
Councilmember Hal R. Valeche
Councilmember Jody Barnett
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
\\Pbgsfile\Attorney\attorney_share\ORDINANCES\conditional uses - ord 6 2005-jackie final.doc
/
27
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 20,2005
Meeting Date: May 5,2005
Ordinance IO, 2005
SubjecUAgenda Item: Ordinance 10, 2005, amending the Fiscal Year 2003/2004
Budget
[ X 3 Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by:
City Attorney
Submitted pyr7
Allan
Department Director
CitfManagkr
Originating Dept.:
Finance
Advertised: -
Date:
t
[ ] Not Required
Affected parties
[ ] Notified
L_
[ ] Not required
costs: $ 0
(Total)
$0 Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordnance 10,2005
Exhibit I' 1 "
[ ]None
Date Prepared: April 20,2005
Meeting Date: May 5,2005
Ordinance 10,2005
BACKGROUND:
As an integral part of the annual close-out process it is customary to prepare year-end
budget amendments to ensure compliance with legal levels of control, and to help explain
additions or deletions to fund balance. We are pleased to inform Council that our
preliminary unaudited financial statements indicate an increase to budgeted General Fund
reserves of approximately $8.1 million. The increasesldecreases to revenues/expenditures
contained in Exhibit “I” detail some of the major variances that comprise this total increase.
Per the suggestion of Councilman Valeche at the first reading, this schedule has been
revised so that variances that are a result of timing differences are segregated from current
year differences. In addition, as a result of our review of the preliminary audited financial
statements, we have made the following additions to the exhibit to enhance the financial
s ta teme n t presentation :
0 Transfer the budget amount for the annual PGA Flyover Contribution expense in
the Art Impact Fund and PGA Flyover Fund from a capital account to an operating
account.
Adjust the Transfer to Burns Road account in the Road Impact Fund to the actual
audited amount of $370,360.
Record the $198,855 contribution to Banyan Office Condominium approved by
Resolution 91,2004, for the MacArthur Boulevard roadway enhancements.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance IO,
2005 for second reading.
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ORDINANCE IO, 2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2003, AND ENDING SEPTEMBER 30,2004, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a
Budget for the 200312004 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 2003/2004 Budget; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
is in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1,2003, through September 30,2004,
inclusive.
SECTION 3. This Ordinance shall become effective upon the day of adoption.
(The remainder of this page left intentionally blank)
Date Prepared: March 3,2005
Date Prepared: March 3,2005
Ordinance 10, 2005
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PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of , 2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
AGAINST ABSENT
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
\\pbgsfile\Attorney\attorney_share\ORDINANCES\budget amendment 2003-04 - Ord 10 2005.doc
2
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Exhibit "1"
Contingency
Salaries
Salaries
Retirement Contributions
Health and Life Insurance
Printing and Binding
Equipment Rental
Equipment
Capital Equipment Software
General Fund
Current Year Timing Increase (Decrease)
Differences Differences In Expenditures
Expenditures
001-0100-511.5910 (22,600.00) (I,400.00) (23,000.00)
Professional Services
Salaries
Training and Education
Professional Services-Other
Garbage Collection
Transfer Out
Total Decrease
In Council (22,600.00) (1,400.00) (24,000 .00)
001 -0200-51 2.121 0 (48,000.00) (48,000.00)
001-0210-552.1210 (19,000.00) (19,000.00)
001-0210-552.2210 (3,500.00) (3,500.00)
001-0210-552.2310 (7,700.00) (7,700.00)
001-0210-552.4710 (13,805.32) (3,194.68) (1 7,000.00)
Total Decrease
In Administration (92,005.32) (3,194.68) (95,200.00)
001-0220-512.4420 (8,000.00) (8,000.00)
001-0220-512.6400 (21,157.00) (14,843.00) (36,000 .00)
001-0220-512.6450 (77,777.80) (356,222.20) (334,000.00)
Total Decrease
In Information Tech (106,934.80) (371,065.X) (378,000.00)
001-0240-514.3160 (90,000.00) (90,000.00)
Total Decrease
In Legal (90,000.00) (90,000.00)
001-0300-513.1210 (40,000.00) (40,000.00)
001-0300-513.3810 (1 9,000.00) (1 9,000.00)
Total Decrease
In Human Resources (59,000.00) (59,000.00)
001-0600-513.3150 19,898.00 (15,000.00) 4,900.00
Total Increase
In Finance 19,898.00 (15,000.00) 4,900.00
001-0900-519.3440 3,010,324.00 3,010,323.00
001-0900-519.9100 230,847.00 230,847.00
Total Increase
In General Services 3,241 ,I 71 .OO 3,241 ,I 7 1 .OO
Page 1 of 7
Equipment
Communications Consortium
Salaries
Salaries
Professional Services-Other
Travel and Per Diem
Electricity
Capital Outlay
Salaries
Equipment
Professional Services
Salaries
Professional Services
Salaries
Overtime
Retirement Contributions
Health and Life Insurance
Professional Services
Salaries
Part-Time Salaries
Electricity
Uniforms and Leather Goods
Equipment
Part-Time Salaries
Part-Time Salaries
Health and Life Insurance
Printing and Binding
City of Palm Beach Gardens
Budget Amendment
WE 09/30/04
Exhibit "1"
001-1000-521.6400
001-1000-521.6937
001-1030-521.1210
001-1040-521.1210
Total Decrease
In Police
001 -1 200-522.31 50
001-1200-522.4010
001-1200-522.4320
001-1200-522.6210
001-1 230-522.1 210
001-1230-522.6400
Total Decrease
In Fire
001-1400-515.3150
001-1420-515.1210
001-1430-524.3150
001-1440-524.1210
001-1440-524.1410
001-1440-524.2210
001-1440-524.2310
001-1440-524.3150
Total Increase in
Growth Management
001-2000-572.1210
031-2000-572.1310
001-2000-572.5200
001-2030-572.5294
001-2031.572.6400
001-2032-572.1310
001-2033-572.1310
001-2040-572.2310
001 -2041 -574.471 0
Total Increase in
Recreation
Reserve 001-2080-519.5900
2002-03 Weshninister Park 001.2080.519.6901
2004-015 Military Trail Median Beau 001.2080.519.6935
(2,710.00) (46,290.00) (49,000.00)
(21 I,000.00) (2 11,000.00)
(80,000.00) (80,000.00)
(250,000.00) ' (250,000.00)
(332,710.00) (257,290.00) (590,000.00)
(26,000.00) (26,ooo.oo)
(18,000.00) (I8,000.00)
(27,000.00) (27,000.00)
(39,000.00) (3Y,000.00)
(325,000.00) (325,000.00)
(40,899.00) (616,535.00) (057,434.00)
(475,899.00) (616,535.00) (1,092,431.00)
3,092.65
(30,761 .OO)
25,820.00
25,000.00
1 'I ,000.00
11,000.00
11-,000.00
7.000.00
(1 9,542.65) (1 6,450.00)
(30,761 .OO)
(24,820.00) 1,000.00
25,000.00
1l,000.00
11,000.00
13-,000.00
7.000.00
64,151.65 (44,362.65)
1S,O00.00
30,000.00
16,000.00
1,750.00
1,200.00
15,000.00
(1 7,165.00)
(1 7,000.00)
2,200.00
19,789.00
18,000.00
30,000.00
16,000.00
1,750.00
1,200.00
15,000.00
(17,165.00)
(1 7,000.00)
2,200.00
49,985.00 49,985.00
(255,725.00) (255,725.00)
79,547.87 (57,904.87) 21,643.00
(6,549.00) (6,539.00)
Total Decrease
in Parks 79,547.87 (320J7S.87) (240,631.00)
Page 2 of 7
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Salaries
Retirement Contributions
Health and Life Insurance
Professional Services
Electricity
Part Time Salaries
2002-011 A/C System Modification
BRCRC Roof/Flooring
Salaries
PGA Flyover Paint
Stormwater Improvements
Interest-Debt
Salaries
Retirement Contributions
Health and Life Insurance
Contractual Services
PGA Flyover Paint
Exhibit "1"
001-3000-539.1210 78,000.00
001-3000-539.2210 13,000.00
001-3000-539.2310 27,000.00
001-3000-539.3150 (34,112.86)
001-3000-539.4320 8,000.00
001.3030.539.1310 (2,546.00)
001.3030.539.6904 2,546.00
001-3030-539.6928 57,201.00 (377,201.00)
001-3040-541.1210 (76,000.00)
001-3040-541.6908 (24,000.00)
001-3040-541.6918 (3,367,(J00.00)
001-3050-541.1210 (53,912.00)
001-3050-541.2210 (13,500.00)
001-3050-541 3400 (40,000.00)
001.3050.54l.6908 (24,088.00)
001-3040-541.7210 (224,000.00)
001-3050-541.2310 (22,000.00)
Total Decrease
in Public Works
Total Decrease in
Expenditures
Revenues/Sources
Ad Valorem
Electric Franchise Fee
Telecommunications Tax
Federal Grants
Building Permits
State Grants General Govt
State Grants Police
State Revenue Sharing
Sales Tax
Fire Inspection Fees
Interest Income
Contributions/Donations-Fire Dept
Miscellaneous Revenue
Reimbursement of City Services
Reimbursement DRI
Insurance Proceeds
001.311.2000
001.314.2000
001-313.1000
001-331.1000
001-322.0000
001.334.9000
001.334.9010
001-335.1200
001-335.1800
001-342.2100
001-361.0000
001.366.0000
001.369.0002
001.369.0010
001.369.1000
001-369.0000
(248,757.00)
2,026,847.40
162,000.00
50,000.00
(114,400.00)
1,585,908.00
865,000.00
136,000.00
44,000.00
173,000.00
156,000.00
(108,450.00)
185,000.00
27,000.00
455,000.00
364,000.00
78,000.00
13,000.00
27,000.00
79,000.00
8,000.00
(2,546.00)
1,546.00
(320,000.00)
(76,000.00)
(4,367,000.00)
(24,000.00)
(224,000.00)
(53,Y 12.00)
(21,000.00)
(13,500.00)
(40,000.00)
(24,088.00)
(4,923,855.86) (5,059,500.00)
(6,552,882.26) (4,4 12,920.00)
Increase (Decrease)
In Revenues
162,000.00
50,000.00
(1 14,400.00)
1,585,908.00
865,000.00
(155,750.00) (1 55,750.00)
(199,100.00) (199,100.00)
136,000.00
44,000.00
173,000.00
156,000.00
(1 08,450.00)
185,000.00
27,000.00
455,000.00
364,000.00
Loan Proceeds 001.383.1000 147,000.00 147,000.00
Total Increase In
Revenues/Sources 4,127,058.00 (354,850.00) 3,772,208.00
Increase to Reserves 2,100,210.60 6,198,032.26 8,185,128.00
Recreation Impact Fund
Current Year Timing Increase (Decrease)
Differences Differences In Expenditures
Expenditures Page 3 of 7
Improvements Other Than Bldg
BRCRC Expansion
Pool Reconstruction
HWMS Field Lighting
Designated Reserve
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Exhibit "1"
301.2000.572.6300 700,000.00 700,000.00
301.2000.572.6928 (1,232,792.00) (1,232,792.00)
301.2000.572.6929 (I ,484,000.00) (1,484,000.00)
301.2000.572.6930 (800,000.00) (800,000.00)
301.2000.572.9921 (700,000.00) (7OO,O00.00)
Total Decrease
In Expenditures - (3,516,792.00) (3,516,792.00)
Increase (Decrease)
In Revenues
Revenues/Sources
Total Increase In
Revenues/Sources
Increase to Reserves 3,516,792.00 3,516,792.00
Art Impact Fund
Increase (Decrease)
In Expenditures
Expenditures
304.1400.515.8100 176,218.00 176,218.00 Contribution to FDOT
PGA Flyover CIP 304.1400.515.6908 (176,218.00) (176,218.00)
2002-013.1 Outdoor Art Work 304.1400.515.6905 43,050.00 43,051.00
Total Increase
In Expenditures
Revenues/Sources
Ar t Impact Fees 304.363.2700 (57,634.00)
43,050.00 43,051.00
Equipment
Increase (Decrease)
In Revenues
(57,634.00)
Total Decrease In
Revenues/Sources (57,634.00) (57,634.00)
Decrease to Reserves (57,634.00) (43,050.00) (100,685.00)
Police Impact Fund
Current Year Timing Increase (Decrease)
Differences Differences In Expenditures
Expenditures
302-1000-521.6400 (322,774.00) (322,774.00)
Total Decrease
(327,77400) (332,774.00) In Expen d&@S of 7
City of Palm Beach Gardens
Budget Amendment
WE 09/30/04
Exhibit "1"
Increase (Decrease)
In Revenues
Revenues/Sources
Impact Fees 302.363.2200 196,000.00 196,000.00
Total Increase In
Revenues/Sources 196,000.00 196,000.00
Increase to Reserves 196,000.00 322,774.00 518,774.00
Equipment
Fire Impact Fees
Debt Proceeds
Fire Impact Fund
Increase (Decrease)
In Expenditures
Expenditures
303.1200.522.6400 (120,000.00) (1 20,000.00)
Total Decrease
In Expenditures (120,000.00) (1 20,000.00)
Increase (Decrease)
In Revenues
Revenues/Sources
303.363.2200 (116,651 .OO) (116,651 .OO)
303.384.0000 364,000.00 364,000.00
Total Increase In
Revenues/Sources 247,349.00 247,349.00
Increase to Reserves 247,349.00 120,000.00 367,349.00
Recreation Special Revenue Fund
Current Year Timing Increase (Decrease)
Differences Differences In Expenditures
Expenditures
Part-Time Salaries 104.2000.575.1310
Part-Time Salaries 104.2030.575.1310
Health and Life Insurance 104.2030.575.2310
Part-Time Salaries 104.2040.575.1310
Worker's Comp Insurance 104.2040.575.2410
Materials and Supplies 104.2040.575.5200
Total Decrease
In Expenditures
Revenues/Sources
Programs 104.347.2080
Athletics and Special Facilities 104.347.2090
Page 5 of 7
(40,000.00) (40,000.00)
(10,000.00) (10,000.00)
(48,000.00) (48,000.00)
(115,000.00) (1 15,000.00)
(27,300.00) (27,300.00)
(28,000.00) (28,000.00)
(265,300.00) (265,300.00)
Increase (Decrease)
In Revenues
(335,890.00)
(96,850.00)
(335,590.00)
(96,850.00)
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Interfund Transfer
Exhibit "1"
104.381.0000 218,000.00 218,000.00
Total Decrease In
Revenues/Sources (214,740.00) (214,740.00)
Increase to Reserves 53,560.00 53,560.00
Local Option Gas Tax Fund
Increase (Decrease)
In Expenditures
Expenditures
MacArthur Blvd. Beautification 103-3000-539.6910 (21 8,000.00) (31 8,000.00)
Pavement Resurfacing 103-3000-539.6925 (41 2,000.00) (41 2,000.00)
Roadway Resurfacing 103-3000-539.6912 (135,000.00) (1 35,000.00)
Swale Restoration 103-3000-539.6926 (1 30,000.00) (130,000.00)
Total Decrease
In Expenditures (895,000.00) (895,000.00)
Increase (Decrease)
In Revenues
Revenues/Sources
Local Option Gas Tax 103.312.3000 (14,520.00) (14,520.00)
Palm Beach County Grant 103.337.4000 (250,000.00) (250,000.00)
PBC Reimbursement Bus Shelters 103.369.4010 (15,000.00) (15,000.00)
Total Decrease In
Revenues/Sources (29,520.00) (250,000.00) (279,520.00)
Increase to Reserves (29,520.00) 645,000.00 615,480.00
Road Impact Fund
In Expenditures
Expenditures
Contributions to Developers 305.0900.541 3110
Transfer to Bums Road Fund 305.0900.541.9200
Total Increase
In Expenditures
Revenues/Sources
Impact Fees 305.363.2400
Total Increase In
Revenues/Sources
Increase to Reserves
198,855.00 198,855.00
370,360.00 370,360.00
569,215.00 569,215.00
Current Year Timing Increase (Decrease)
Differences Differences In Revenues
800,000.00 800,000.00
800,000.00 800,000.00
800,000.00 230,785.00
Page 6 of 7
City of Palm Beach Gardens
Budget Amendment
IFYE 09/30/04
Exhibit "1"
Bums Road Improvement Fund
Increase (Decrease)
In Expenditures
Expenditures
Professional Services-Engineering 309.0900.519.3170 (91 5.60) 13,915.60 13,000.00
Improvements Other Than Bldgs 309.0900.519.6300 366,220.80 (331,577.80) (34,643 .OO)
Interest Expense 309.0900.519.7210 (56,000.00) (56,000.00)
Total Decrease
In Expenditures 309,305.20 (31 7,662.20) (77,643.00)
Increase (Decrease)
In Revenues
Revenues/Sources
Interest Income 309.361.1001
Reimbursement-Seacoast 309.369.4010
Transfer In 309.381 .OOOO
15,000.00
110,000.00
370,000.00
15,000.00
11 0,000.00
370,000.00
PGA Flyover CIP
Contribution to FDOT
Interest Expense
Total Increase
Revenues/Sources 370,000.00 370,000.00
Increase to Reserves 60,694.80 31 7,662.20 447,643.00
PGA Flyover Fund
Current Year Timing Increase (Decrease)
Differences Differences In Expenditures
Expenditures
30 0900.519.6300 (1,500,000.00) (1,500,000.00)
308.0900.519.8100 1,500,000.00 1,500,000.00
308.0900.519.7210 (51,002.00) (51,000.00)
Total Decrease
In Expenditures (51,002.00) (5 I,000.00)
Increase (Decrease)
In Revenues
Revenues/Sources
32,798.00 32,800.00 Special Assessments 308.363.1000
Total Increase In
Revenues/Sources 32,798.00 32,800.00
83,800.00 Increase to Reserves 83,800.00
Page 7 of 7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 20,2005
Meeting Date: May 5,2005
Ordinance 11,2005
SubjecVAgenda Item: Ordinance 11,2005, amending the Fiscal Year 200412005
Budget
[ X ] Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by:
City Attorney
Submitted bm
Allan we &
Department Director
City Manbger
Originating Dept.:
Finance
dW?
Advertised:
Date:
Paper: Palm Beach
Post
[ ] Not Required
Affected parties
[ ] Notified __.
[ ] Not required
costs: !§ 0
(Total)
$-A!- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordinance 11,2005
Exhibit " 1 "
[ ]None
Date Prepared: April 20,2005
Meeting Date: May 20,2005
Ordinance 11,2005
BACKGROUND:
0 This ordinance amends the FY 2004/2005 budget for amounts reserved and
designated from FY 200312004 for outstanding purchase orders and commitments,
as well as related grantslother revenues, as detailed in the attached Exhibit “I”.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 11,2005
for second reading.
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ORDINANCE 1 I, 2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2004, AND ENDING SEPTEMBER 30,2005, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a
Budget for the 2004/2005 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 2004/2005 Budget; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
is in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1,2004, through September 30,2005,
inclusive.
SECTION 3. This Ordinance shall become effective upon the day of adoption.
(The remainder of this page left intentionally blank)
Date Prepared: March 3, 2005
Ordinance 11, 2005
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PASSED this day of 2005, upon first reading.
PASSED AND ADOPTED this day of 2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
\\pbgsfile\Attorneybttorney-share\ORDlNANCESU)udget amendment 2004-05 - Ord 1 1 2005.doc
2
CITY OF PALM BEACH GARDENS
BUDGET AMENDMENT
FYE 09/30/05
EXHIBIT "1"
GENERAL FUND
Reserved for
Purchase Orders
Designated From Grant/
for Projects Other Revenues
Current Year Total Increase (Decrease)
Transfers To Budget Expenditures
001.0100.51 1.5910
001.0200.512.3150
001.0200.512.3810
001.0210.552.3150
001.0210.552.4710
001.0220.512.6440
001.0220.512.6450
001.0300.5l3.5200
001.0600.513.3150
001.0100.51 1.1210
001.0900.519.3455
001.0900.519.9100
001.0900.519.9920
001 .1000.52 1.41 IO
001.1000.521.6400
001.lOO0.52l.6400
001.l000.52l.6937
001.1030.521S294
001.l030.52l.64OO
001.1040.521.4710
001.1230.522.5294
001.1230.522.6410
001.l230.522.6900
001.1230.522.6921
001.1230.522.6950
001.1400.515.3 150
001.1400.515.3151
001.1420.515.5200
001.1430.524.3 I50
001.1430.524.37 IO
001.1430.524.5294
001.1440.524.1410
001.2033.572.3400
001.2040.572.6900
001.2040.572.6928
001.2000.572.6951
001.2080.5 19.5200
001.2080.519.6901
001.2080.5 19.6922
001.2080.519.6935
001.3000.539.3150
001.3000.539.5200
001.3000.539.6917
001.3030.539.6904
001.3030.539.6905
001.3030.539.6914
001.3030.539.6923
001.3030.539.6928
001.3040.541.3400
001.3040.541.4600
001.3040.541.6906
001.3040.54l.6918
001.3050.541.3400
001.3050.541.5200
001.3050.541.6400
001.3050.541.6936
001.3050.541.6946
1,400.00
13,000.00
10.000.00
1,400.00
13,000.00
10,000.00
5,300.00
3,194.68
14,843.00
356,222.20
25,000.00
15,000.00
38,000.00
25,000.00
33,780.00
(30,480.00)
7,983.85
180,000.00
135,990.00
2 1 1,000.00
3,963.90
13,900.00
140.00
2,065.28
616,535.00
(I 00,000.00)
84,740.90
20,000.00
19,542.65
84,165.02
6,409.18
24,820.00
100.00
1,060.00
3,000.00
11,385.00
(75,000.00)
75,000.00
808,000.00
2.1 50.00
57,904.87
6,120.50
560,499.97
34,112.86
2,275.00
7,773.87
2,546.00
5,300.00
3,194.68
6,843.00
356,222.20
8,000.00
25,000.00
15,000.00
38,000.00
25,000.00
(124.980.00)
33.780.00
94,500.00
180,000.00
89,700.00
7,983.85
16,390.00 29,900.00
21 1,oO0.00
13,900.00
3,963.90
140.00
2,065.28
616.535.00
(l00,000.00)
80,000.00
20,000.00
4.740.90
19.542.65
84.1 65.02
409.18 6,000.00
24,820.00
100.00
1,060.00
3,000.00
11,385.00
(75,000.00)
75,000.00
808.000.00
2,150.00
46.704.72 11,200.15
6,120.50
559,551.00 948.97
34,112.86
2,275.00
7,773.87
2,546.00
11,767.50
9,438.00 20.1 79.01
377,201.00
7,940.00
67,107.65
4,932.48
8,335.64
4,552.00
8,314.00 6,686.00
2 17,953.37 4.270,792.52
11,767.50
29,617.01
377,201.00
7,940.00
67,107.65
4,932.48
(33,780.00) 4,454,965.89
8,335.64
4,552.00
15,000.00
(250,000.00) (250,000.00)
Total Increase
in Expenditures 1,544,422.57 6,388,240.33 367,200.00 8,299,862.90
Fund Balance- Fund Balance- From Grant/ Current Year
Reserved Designated Other Revenues Transfers
1,544.422.57 6,388,240.33
3 5,000.00
3,000.00
329,200.00
Total Increase
To Budget Revenues
001.389.0000
001.381 .OOOO
001.369.0000
001.334.2000
Total Increase In
RevenueslSources
7,932,662.90
3 5,000.00
3,000.00
329,200.00
1,544,42 2.57 6,388,240.33 35,000.00 332,200.00 8,299,862.90
Expenditures
103.3000.539.4600
103.3000.539.6909
103.3000.539.691 0
103.3000.539.69 I2
103.3000.539.6912
103.3000.539.6924
I03.3000.539.6926
103.3000.539.6944
103.3005.539.6944
Total Increase
in Expenditures
Revenues
103.389.0000
I 03.3 8 I .OOOO
103.337.4000
Total Increase In
RevenuesISources
Expenditures
I04.2030.575.5200
Total Increase
in Expenditures
Revenues
104.389.0000
Total Increase In
RevenueslSources
Expenditures
301.2000.572.6907
301.2000.572.691 I
301.2000.572.6919
301.2000.572.6928
301.2000.572.6929
301.2000.572.6930
301.2000.572.6932
301.2000.572.6938
Total Increase
in Expenditures
Revenues
301.389.0000
Total Increase In
RevenueslSources
GAS TAX FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
89,552.50 89,552.50
5 1,229.30 (27,000.00) 24,229.30
129,591.93 123,443.13 250,000.00 79,913.57 582,948.63
61,017.27
4,554.00 6,575.23
2,581.20 72,816.96
(3,484.60)
(15,648.97)
55,000.00
61,017.27
7,644.63
59,749.19
55,000.00
(55,000.00) (55,000.00)
197,744.40 343,617.12 250,000.00 33~no.00 n2s,141.52
Current Year Total Increase Fund Balance- Fund Balance- From Grant!
Reserved Designated Other Revenues Transfers To Budget
197,744.40 343.61 7.12
33,780.00
2 50,000.00
541,361.52
33,780.00
250,000.00
197,744.40 343,617. I2 250,000.00 33,no.oo n2s,i41.52
RECREATION SPECIAL REVENUE FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
To Budget Purchase Orders for Projects Other Revenues Transfers
400.00 400.00
400.00 400.00
Fund Balance-
Reserved
Fund Balance-
Designated
From Grant/ Current Year Total Increase
Other Revenues Transfers To Budget
400.00 400.00
400.00 400.00
RECREATION IMPACT FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
41 1,894.75 41 1,894.75
7,171.97 7,171.97
10,47539 10,475.59
1,232,792.00 2,121.46 1,230,670.54
67,601.70 1,429,678.51 1,497,280.21
5,000.00 795,000.00 800,000.00
450,563.50 450,563.50
4,244.00 4,244.00
74,723.16 4,339,698.~ 4,414,422.02
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues Transfers To Budget
74,723.16 4,339,698.86 4.41 4,422.02
74,723.16 4,339.698.86 4,414,422.02
Expenditures
303.1200.522.5200
303.1200.521.9920
303.1200.522.6400
Total Increase
in Expenditures
Revenues
303.389.0000
Total Increase In
RevenueslSources
Expenditures
304.1400.5l5.6905
304.1400.5 15.6908
Total Increase
in Expenditures
Revenues
304.389.0000
Total Increase In
RevenueslSources
Expenditures
309.0900.519.3160
309.0900.519.3170
309.0900.5 19.6300
Total Increase
in Expenditures
Revenues
309.389.0000
309.369.0000
Total Increase In
RevenueslSources
FIRE IMPACT FUND
Reserved for Designated From Grant/ Current Year Total increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
347.92 347.92
313,209.32 152,000.00 465,209.32
(152,000.00) (1 52,000.00)
313,557.24 3 13,557.24
From Grant/ Current Year Total Increase Fund Balance- Fund Balance-
Reserved Designated Other Revenues Transfers To Budget
3 13,557.24 313,557.24
313,557.24 313,557.24
ART IMPACT FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
39,689.07 39,689.07
29,634.70 324,486.55 354,121.25
29,634.70 364,175.62 393.810.32
Fund Bnlance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues Transfers To Budget
29,634.70 364,175.62 393,810.32
29,634.70 364,175.62 393,810.32
BURNS ROAD FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
5,272.27 5,272.27
1,422.65 12,492.95 13,915.60
23,280.05 308,297.75 44,819.24 376,397.04
24,702.70 326,062.97 44,819.24 395,584.91
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues Transfers To Budget
24,702.70 326,062.97
44,819.24
24,702.70 326,062.97 44,819.24
350,765.67
44,819.24
395,584.91
GOLF COURSE FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
9,220.50 15,213.10 24,433.60
Expenditures
401.2540.572.6915
Total Increase
in Expenditures 9,220.50 15,213.10 24,433.60
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues Transfers To Budget
9,220.50 15,213.10 24,433.60
Revenues
401.389.0000
Total Increase In
RevenueslSources 9,220.50 15,213.1 0 24,433.60
FLEET MAINTENANCE FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
6,720.00 6,720.00
57,900.00 57,900.00
15,000.00 15,000.00
9,411.73 9,411.73
15.050.00 13,150.00 28,200.00
(57,900.00) (57,900.00)
Expenditures
501.3020.539.3810
501.3020.539.6400
501.3020.539.6410
501.3020.539.6933
501.3020.539.6934
501.3020.539.9921
Total Increase
in Expenditures 21,770.00 22,561.73 15,000.00 59331.73
Fund Balance- Fund Balance- From Grant/
Reserved Designated Other Revenues
21,770.00 22,561.73 15.000.00
Current Year
Transfers
Total Increase
To Budget Revenues
501.369.0000 59.33 I .73
Total Increase In
RevenueslSources 21,770.00 22,561.73 15,000.00 59,331.73
POLICE IMPACT FUND
Reserved for Designated From Grant/
Purchase Orders for Projects Other Revenues
Current Year
Transfers
Total Increase (Decrease)
To Budget
35,000.00
Expenditures
302.1000.52 1.9100
302.1000.521.9920
35,000.00
(35,000.00)
Total Increase
in Expenditures 35,000.00
Fund Balance-
Reserved
Fund Baiance-
Designated
From Grant/
Other Revenues
Current Year
Transfers
Total Increase
To Budget Revenues
302.389.0000
Total Increase In
RevenueslSources
2,216,175.27 11,799,569.73 677,019.24 33,780.00 14,726,544.24
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: April 25,2005
APPROVED: Ron Ferris, City Manager
FROM:
SUBJECT: Gardens United Information
Sheryl Stewart, Assistant to the City Manager
As requested by Mayor Russo during the City Council meeting on April 21, 2005, the
purpose of this memorandum is to provide you with a brief overview regarding the status
of Gardens United.
Website issue:
Staff was notified in November 2004 that Gardens United wanted to have a link on the
City’s website. Upon research of this request, the Information Technology Administrator
advised me that we have had a policy in place since 2003, and posted on our website
(copy attached), which states that the City only provides links to public schools, City
sponsored events, organizations that offer government provided services, or businesses
that have a current occupational license from the City. We have been implementing this
policy consistently for organizations that have made similar requests, such as the Lions
Club. At the time, however, we did provide Gardens United with an alternative location
for a link, to a page on www.gOpbi.com, where non-profit groups can build and maintain
a page on the website for free. As a result, Gardens United, like other volunteer
organizations, would have to create and maintain its own webpage. It is staffs opinion,
however, that the few individuals who are currently participating in Gardens United
meetings would really like us to prepare and maintain a page for them on the City’s
website.
Meetinps and activities:
The subject of Gardens United was included in the Report to City Council on the
Council-Manager Form of Government (copy of section attached). Staffs
recommendation regarding Gardens United was approved by Council during the Council
meeting on April 1, 2004. When Gardens United was discussed on April 1, 2004,
Council members agreed with the recommendation that we could continue our
connection with the group as an outreach and resource to respond to different events and
emergencies. Considering the change in direction the group was taking (ie., exchange of
religious sermons, desire to form a 501 (c) (3) corporation), they would need to operate
independently with minimal formal city involvement, and not as a city committee.
As stated in the report, recognizing the city’s resource limitations, it was always
envisioned that Gardens United would function as a community-driven organization, led
by local places of worship and not by the City. Our role was intended to be limited to
getting the group organized with its own steering committee that would direct its projects
and meetings. The purpose was for this group of volunteers to perform humanitarian
deeds at its own direction based on its own criteria, rather than City government. It
would appear, however, based on staffs observations that many of the members and
clergy that used to attend and participate on the steering committee no longer do so, and
that the organization as a whole is losing members. Attached is a summary from the
most recent meeting of April 20,2005.
Should you have any questions or need additional information, please advise. Thank you.
Attachments
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council Members DATE: December 7,2004
n
FROM: Sheryl L. Stewart, Assistant to the City Manager -d /7 THROUGH: Ronald M. Ferris, City Mana
f
SUBJECT: Website link for Gardens United
At the Council Meeting on November 18, 2004, Ms. Lauren Furtado requested
information concerning the above subject. This is to inform you that Dolores Key,
Economic Development and Marketing Administrator, spoke with Mrs. Furtado on
November 30, 2004, and followed up with her by email to provide a link to a page on
www.goDbi.com, where non-profit groups can build a website for free. This is a service
that is offered by a division of the Palm Beach Post, which helps to promote groups like
Gardens United. There is also the capability through this link for groups to post meetings
and events on a calendar.
cc: Patty Snider, City Clerk
Dolores Key, Economic Development and Marketing Administrator
Sheryl Stewart
From: Dolores Key
Sent:
To: 'Lauri gO@attglobaI.net
Cc:
SubJect: Gardens United
Tuesday, November 30,2004 1:55 PM
Ron Ferris; Sheryl Stewart; Patty Snider
Dear Mrs. Furtado,
It was a pleasure speaking with you a few moments ago and, again, I apologize for the delay in addressing your
concerns.
As discussed, please find below a link to a page on !wW.aODbi .com where non-profit groups are able to build a
web slte for free. It is a service that is offered by gopbi (a division of the Palm Beach Post) which helps to
promote groups such as Gardens United. They also have a calendar where you can post meetings and events.
httD:ltWWW.QODb i.comlsearch/contenVarouDs/interests/index.html
Best regards,
Dolores A Key
Emomlc Demlopment & MarkeUng Admlnlrtrrtor Clty of Palm Beach Gardens
10500 Nom MIIltary Tnl Palm Baach Gude~, FL 33410
(Ml) 799-4136
all (581) 148-4047 w vnnw.obad.eom
Page 1 of 1
12/6/2004
Detailed Report
when its members decided that they would not meet again until a particular
neighborhood issue of importance arose.
While quarterly information meetings have continued, staff has observed a
steady decline in resident attendance and participation, indicating that a newer
more proactive strategy of communicating with residents may be needed. As
shown on the attached cost analysis, staff recently calculated a return on
investment and found that these meetings have become less cost effective in
terms of time, labor and materials than other methods of communication. Based
on this information and feedback, staff has refined and refocused the community
meetings to be more issue driven, for example, concerning specific projects
ranging from canals to parks to annexation. The city’s marketing/economic
development team is implementing a Speaker’s Bureau to further educate local
organizations and homeowner’s associations about the city. Staff has visited
numerous homeowners’ associations, as well as the Palm Beach Gardens
Kiwanis, PGA Corridor Association, the Business Development Board and the
North Palm Beach County Improvement District to discuss topics such as
economic development, zoning, growth issues in the Gardens, and The Scripps
Research Institute. There have been as many as 75 individuals in attendance.
The feedback received by staff indicated that the Speaker’s Bureau sessions
were very informative to those attending. Therefore, staff would suggest that the
Gardens Neighborhood Association/Neighborhood Program Meetings have
served their purpose, and a more productive means of communications and
public relations efforts are needed at this time to reflect the continued growth and
development of the city.
Another group is Gardens United. Although it was never established by council
by resolution, Gardens United was organized in response to the events of
September 11 th for the specific purpose of bringing local religious entities
together to provide emergency assistance to those in need after a disaster, in
particular counseling services, and to provide other assistance from their
community outreach programs to the needy. Recognizing the city’s resource
limitations, it was envisioned that Gardens United would function as a
community-driven organization led by local places of worship and not by the city.
Staffs role was intended to be limited to getting the group organized with a
steering committee that would direct its projects and meetings. As the group
evolved, it decided to start focusing on matters beyond its originally intended
purpose of providing disaster-related assistance. The group has also expressed
the desire to run its efforts like a “business,” possibly form a not-for-profit
corporation, conduct regular meetings, include as members those that are not
affiliated with a local religious entity, create a website, exchange religious
sermons, and have the mayor serve as liaison.
As a result, staff has increasingly become concerned about the direction the
group has taken, the activities being proposed and staffs time and involvement
with the group considering the change in direction. Furthermore, there is
concern regarding how this group of religious entities with their outreach
programs interacts with the city government as it relates to the “separation of
20
Detailed Report
church and state.” As stated above, this group was not formally organized. It
was intended to function as a group of volunteers performing humanitarian deeds
at its own direction rather than staffs, based on its own criteria rather than the
city’s. Therefore, staff suggests setting a timetable for the group to operate
independently and not as a city committee. The city’s formal involvement needs
to be minimized.
There are two other special project boards that have been functioning without
any formal authority given by council by resolution or ordinance. The Budget
Oversight Committee and Economic Development Oversight Committee were
organized respectively to provide citizen input with the budget process and to
advise the city regarding business recruitment and expansion efforts. Staff
suggests that if council wishes to maintain these groups, then like other standing
city advisory boards they should be established by ordinance within the code,
with approved members and a defined scope of duties. Establishing these
groups formally with the approval of the entire council will help to ensure that
they adhere to Florida Sunshine Laws and council policies, as well as provide
them with the proper authority to make recommendations to council. Considering
recent events and projects such as Scripps, staff believes that having formal
input from citizens and businesses concerning the city’s financial and economic
growth and development could become increasingly valuable.
C. Recommendations regarding the city’s advisory boards and committees
Staff looked at the following elements to discuss how the city’s board process in
general could become more effective, and to make suggestions regarding certain
boards:
1 ) Member appointments and qualifications
2) Organization and operation
3) Performance
Member appointments and qualifications: To ensure continuous quality
participation by residents in the city’s activities and issues, it is important to make
sure that there is an adequate pool of qualified and motivated volunteers to serve
on city advisory boards. Membership qualifications should be clearly defined and
followed for each board within the code. Some boards specify the need for
members with certain knowledge, experience, training, occupation, or geographic
representation. Some cities have prepared a job description or profile which
clearly states the council’s expectations regarding the board’s purpose,
membership qualifications desired and meeting attendance. Presently, there is
minimal formal recruitment for members. As a result, it can be difficult to
maintain productive and diverse representation on some boards. Also, some
boards demand a great deal of time and energy on the part of its members, and
as a result, many resign or do not wish to be reappointed. Therefore, it is
recommended that staff proactively advertises vacancies on boards (Le. via
21
Sheryl Stewart
From:
Sent:
To:
cc:
Subject:
Jennifer Holdt
Tuesday, April 26, 2005 12:19 PM
Sheryl Stewart
Charlotte Presensky
RE: City Council Meeting May 5 - Will there be a Gardens United Presentation @ 7PM?
Gardens United summary:
March 16 meeting: canceled.
April 20 meeting:
Attendance: 4 Gardens United members (Dr. Schneiderman, Mr. Kastarlak, Mr. Murteza Kakli and
Ms. Kim Licata, Palm Beach Community Church) Mayor Joe Russo, Jennifer Holdt
Items of discussion:
-Dr. Schneiderman reported that Reverends Lutia and Kasparak advise that all plans for a Sept. 11
memorial should be postponed to 2006 in honor of 5th anniversary
- Mayor Russo suggested putting an item on the May 5 agenda for Council to discuss Gardens
United (should the Council support the organization or suggest the organization disbands?)
-Dr. Schneiderman stated that the organization is losing members (Le. Tom Mullins from Christ
Fellowship and Reverend Lutia from Nativity Lutheran are stepping down). He believes a major
problem is a lack of funds to promote activities; he emphasized that a link on the city's website would
help to mitigate this issue.
-Mr. Kastarlak reported that some members of Gardens United are committed to changing focus from
a religious group to a cultural group. Dr. Schneiderman preferred rephrasing the focus to "a cultural
group with prayer". He also stated that the City and Gardens United partnered to host a 2004 Sept.
11 memorial event; it was canceled due to the hurricanes. He believes the November Veterank Day
event followed the same agenda as the Sept. I1 event "without the prayer"
-Mayor Russo stated the group was not originally set up as a "cultural group". He thought the
purpose was twofold: to have a group ready to go into action in case of disaster (similar to Sept 11,
2001) and to provide a resource for residents in need (home repairs, painting, etc.)
Please let me know if you need additional information.
Jennifer Holdt
Recreation Supervisor
City of Palm Beach Gardens
jholdt@pbgfl.com
561 -630-1 108
Recreation ... Make it part of your life!
-----Original Message-----
From: Charlotte Presensky
1
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: April 26,2005
APPROVED: Ron Ferris, City Manag
FROM:
SUBJECT: Town Hall Meeting Issues
Sheryl Stewart, Assistant to the City Manager
On April 21, 2005, staff submitted to City Council for review a comprehensive
report with information regarding the issues and questions raised during the
Town Hall Meeting on March 3ISt. As requested by Council Member Valeche
during the Council meeting on April 2Is', staff has reviewed the report in order to
identify and prepare a summary of those issues which would need to be
discussed further by Council, and if necessary to provide staff with direction as to
how to proceed. The following list summarizes those items, for which the detail
and background information can be found in the full report:
1. Reestablish Town Hall Meetinqs: Council discussed scheduling the next
meeting during June. Due to Summer Youth Camp that will be taking
place in the Burns Road Community Center, the next meeting will need to
be held in the Council Chambers. The following are some dates that are
currently available and do not conflict with other meetings scheduled in the
Chambers: June 22, 23, 27, or 29. It is recommended that Council
discuss and select a date, and provide staff with direction as to what
Council wants to accomplish at the June meeting.
2. Revisit the process for board and committee member appointments: On
June 3, 2004, City Council approved Ordinance 17, 2004, amending the
City's Advisory Boards and Committees program. This included a revision
to the procedure for making appointments and filling vacancies based
upon qualifications. As an alternative for Council to consider, staff could
conduct the interviews of prospective members according to the
membership criteria and qualifications, make recommendations, prepare a
ranking list provide Council with copies of the submitted
applications for Council members to decide who they would like to
appoint. This information would be provided to Council in a staff report
with the Agenda packet for each member appointment.
3. Charter Review: The City Attorney provided draft recommendations
(attached) on steps that may be followed by Council to initiate the process
of Charter Review. This information needs to be discussed by Council,
with direction to staff as to how to proceed.
4. Televisinq Council Meetings: Based on an initial analysis, staff found it
would cost the City approximately $125,000 in materials and labor to
purchase the equipment and make the renovations to create a television
broadcasting studio in the Council Chambers. Estimated projections in
capital, personnel and operating costs over a five-year period totaled
approximately $476,000. Staff has contacted numerous municipalities
which have indicated that there is no current effective way to measure
viewer-ship. This needs to be discussed by Council, and direction
provided to staff if Council would like to proceed.
5. Providina public transportation: Last year, staff began preparing an
application for the MPO’s Community Transit Grant program to initiate
community transit service within the City. First year operational and
capital costs were projected to be $400,000. The MPO’s program would
only fund up to $40,000 per year (10% of our projection), and the grant
criteria did not match the City’s needs. However, staff has recommended
that there is an opportunity to explore a pilot project with the MPO and
possibly other sources, to address the need for public transportation
identified by our employment centers as a public-private partnership for
economic development. A loop around the Regional Center and along
PGA Boulevard has also been discussed as an idea to explore. Since the
City is not currently in this business, the funding level for a project of this
nature would need to be significant to offset implementation and
operational costs. This needs to be discussed by Council, and direction
provided to staff as to how to proceed.
6. North Palm Beach Countv Chamber of Commerce position paper: The
Chamber of Commerce provided a position paper which presented two
policy matters for Council to discuss and provide direction as to how the
City should proceed:
1. That we (the City and the Chamber) support the concept that a
healthy business environment is an equal partner in the creation of
a vibrant community; and
2. That we (the City and the Chamber) work together in a
collaborative process to develop a wholistic and strategic approach
to address these issues. Some of the issues outlined in the
position paper include, for example, attainable workforce housing,
traffic congestion, integrated inter-modal mass transit, transit
oriented development for mixed uses, and an educational system
that produces a qualified workforce.
In addition to the above, there may be other items or issues which Council would
like to address and add to this list during the Council’s discussion on May 5,
2005. Should you have any questions or desire additional information, please
advise. Thank you.
CITY OF PALM BEACH GARDENS
CITY ATTORNEY’S OFFICE
TO: City Council
THROUGH: Ron Ferris, City Manager
FROM: Christine Tatum, City Attorney
DATE: April 15, 2005
RE: Charter Issues
During the Town Hall Meeting on March 31, 2005 Council indicated an interest in
initiating a review of the City Charter in general, and the issue of elected Mayor and
districting in particular. This memorandum will serve to address the following issues:
*:* Charter Amendments
*:* Charter Review Committee
I. Charter Amendments
Section 22-1 of the Charter of the City of Palm Beach Gardens provides:
Sec. 22-1. Charter review.
As often as the council may deem necessary, but in any event, not less
frequently than every five years, the terms and provisions of this Charter
shall be reviewed.
Section 166.031, Florida Statutes, specifically addresses the process for
amendment of municipal charters:
City Council
April 15, 2005
Page 2 of 4
I
166.31 Charter amendments.-
2.
(1) The governing body of a municipality may, by ordinance, or the
electors of a municipality may, by petition signed by 10 percent of the
registered electors as of the last preceding municipal general election,
submit to the electors of said municipality a proposed amendment to its
charter, which amendment may be to any part or to all of said charter except
that part describing the boundaries of such municipality. The governing
body of the municipality shall place the proposed amendment contained in
the ordinance or petition to a vote of the electors at the next general election
held within the municipality or at a special election called for such purpose.
(3) A municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary. This section shall be
supplemental to the provisions of all other laws relating to the amendment of
municipal charters and is not intended to diminish any substantive or
procedural power vested in any municipality by present law. A municipality
may, by ordinance and without referendum, redefine its boundaries to
include only those lands previously annexed and shall file said redefinition
with the Department of State pursuant to the provisions of subsection (2).
Florida law is extremely clear that the provisions of Section 166.031 are the
exclusive method for amending municipal charters. A municipality may amend its
charter as described in 166.031, even if the charter itself provides otherwise. The
Attorney General has consistently concluded that any municipal charter provision
adopted subsequent to the effective date of the Municipal Home Rule Powers Act
can only be amended in accordance with Section 166.031, Florida Statutes. The
legislative directive in Section 166.031, Florida Statutes, as to how a municipal
charter is to be amended is, in effect, a prohibition against its being done in any
other way.
Charter Review Committee
Neither state law nor the City Charter requires that the City Council utilize a
Charter Review Committee to process proposed Charter amendments. However,
historically in the City of Palm Beach Gardens, a Charter Review Committee has
been utilized for the review required by Section 22-1 of the Charter. In 2000, the
Council appointed a seven-member Charter review Committee which resulted in
the placement of six Charter amendments before the voters in March of 2003.
City Council
April 15, 2005
Page 3 of 4
Similarly in 1993, the Council created a seven-member Charter Review Committee
which resulted in the placement of five Charter amendments before the voters in
September of 1996.
If the Council wished to create such a committee, Section 2-83 of the Code of
Ordinances provides:
Sec. 2-83. Creation of Boards and Committees.
(a) Boards. The city council may, by ordinance, create a board in
connection with any functions of the city. The ordinance creating such
board shall specify the purpose, powers, and duties of the board, and shall
specify the number, qualifications, and terms of office of the members
thereof.
(b) Committees. The city council may, by resolution, create a committee
whose purpose is to advise the city council on an item of a special nature
and whose creation is for a stated period of time, at the end of which time
the committee will no longer exist. The resolution creating such committee
shall specify the purpose, powers, and duties of the committee, and shall
specify the number, qualifications, and terms of office of the members
thereof.
Based upon this language, the creation of a Charter Review Committee
would require the adoption of a resolution by the City Council. Opportunities
for appointment would be provided consistent with Section 2-85, Code of
Ordinances, which provides:
Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee
shall be announced by posting a notice of the same at a public place in city
hall, by publishing a copy thereof in a newspaper of general circulation in
the city, by posting an announcement on the city website, or by such other
method deemed appropriate by the city, not less than five (5) days prior to
the date at which the city council may interview candidates to fill any such
vacancies. The city clerk shall also furnish a notice of such expiration to
any member whose term is expiring and advise if the member is eligible for
reap point me nt.
City Council
April 15, 2005
Page 4 of 4
Conclusion
If the Council wishes to pursue amending the Charter, I would recommend the following
steps to initiate the process:
1. Council should identify the preferred date for the referendum vote. There is no
regular City election in 2006, but there is a state-wide General Election
scheduled for November 7, 2006. The next regular City election is scheduled
for March 13, 2007. The Council could also determine that a Special Election
would be called.
The Charter review process is generally a rather lengthy process - the March,
2003 amendment process began in April, 2000.
2. Council should determine the scope of the Charter Review, Le., particular
subjects or a general review of all subjects.
3. Council should identify a timetable which includes the following benchmarks:
9 Creation a Charter Review Committee.
> Deadline for Charter Review Committee report.
> Public meeting to discuss the Charter Review Committee report and solicit
public input.
9 Preparation of ordinance(s) for each proposed Charter Amendment. The
ordinance would contain the particular language to be changed in the
Charter and would also contain the ballot question which would be
submitted to the electors. The ordinance also would specify the date that
the issue would be submitted to the voters.
9 Public Hearing to adopt Ordinance(s). Ordinance adoption requires two
readings of the ordinance, with a public hearing to be held at the second
reading.
Please feel free to call me with any questions you may have.
\\Pbgsfile\Attorney\attorney-share\MEMOS\charter amendments pbg.doc
ELECTED MAYOR CHARTER AMENDMENT
A. Issues which will need to be resolved
1. Date the ballot question would be submitted to the voters.
2. Effective date of the Charter Amendment (if the effective date is earlier than the
regular election of 2007 it will affect the term of an incumbent)
3. Length of term for Mayor
4. What year would the Mayor stand for election in the future? (The even-seat year,
the odd-seat year, or separately?)
5. What Seat will be eliminated? Or will the position of Mayor be in addition to the
five council seats?
6. If a Council Member whose seat does not expire at the time of the mayoral
election wishes to run for Mayor, should the Charter provide that an election be
held for the unexpired term of that Council Member? Or should the Council make
an appointment to fill the unexpired term?
7. What specific powers, if any, should be conferred upon the elected
Mayor? Currently the Charter provides:
Section 9-1. Powers and duties of the mayor.
The mayor shall preside as chairman at meetings of the city council, shall
be recognized as head of city government for all ceremonial purposes, by
the governor for purposes of military law, for service of process, execution
of contracts, deeds and other documents, and as the city official
designated to represent the city in all other governmental meetings, but
shall have no administrative duties except as required to carry out the
responsibilities herein. The mayor shall have a voice and vote in the
proceedings of the city council.
The vice-mayor shall assume the duties of the mayor during the absence
or disability of the mayor.
In the absence or disability of both the mayor and vice-mayor, the city
council may appoint a chairman pro tem to fulfill the duties and functions
of said office.
City of Palm Beach Gardens
Council Agenda
May 5,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
'Mayor Russo , Council Member Levy
/ 'Vice Mayor Jablin Council Member Valeche
/ Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 5,2005
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
111. ADDITIONS. DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
/a. (Page 6) Palm Beach Gardens High School First Responder Students
J b. / Pwe 7) Recognition of William T. Dyer High School Basketball Team.
HC. /Pave 8) Mayor for a Day fiom Temple Beth David
' d. /Page 9) Annual Audit Report
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
/ a- /Page 134) Department Presentation - Community Services - Capital
Improvement Projects
J b- (Pave 135) City Manager Evaluation
J C. [Staff Report on Page 156, Resolution on Pave 168) Resolution 70,2005 - City
Manager Contract Renewal. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an amended employment agreement between
Ronald M. Ferris and the City of Palm Beach Gardens; and providing an effective
date.
COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit
reauest form to the Citv Clerk prior to this Item)
CONSENT AGENDA
a. (Staff ReDort on Page 179, Resolution on Page 182) Resolution 60, 2005 -
Approve a financial assistance agreement as part of the Keep Palm Beach County
Beautiful Grant Program. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a Financial Assistance Agreement with Palm
Beach County for Median Beautification on Northlake Boulevard fiom the
Florida Turnpike East to Green Meadows Way as part of the Keep Palm Beach
Beautiful Grant Program; and providing an effective date.
b. (Pape 192) Proclamation - Days of Remembrance
C. /Pwe 193) Proclamation - Civility Month
PUBLIC HEARINGS:
Part I - Ouasi-iudicial
a. (Staff ReDort on Page 194, Ordinance on Page 236, Resolution on Page 240)
Ordinance 13, 2005 - (2nd reading) Waterford Hotel Planned Unit Development
(PUD) amendment. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and
Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit
Development (PUD) to transfix the site plan approval and related conditions to
Resolution 44,2005; and providing an effective date.
Resolution 44,2005 is a companion item to Ordinance 13,2005
and will require Council action.
Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD)
amendment. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Waterfbrd Hotel Planned Unit
Development (PUD), which is located approximately l/lO* of a mile South fbm
PGA Boulevard on the East side of US Highway One, to allow for the inclusion
of a ly7l0-sq~-~t restaurant into the PUD, as more particularly described
herein, providing for waivers; providing for conditions of approval; and providing
an effective date.
Part II - Non-Ouasi-iudicial
a. JStaff ReDort on Page 248, Ordinance on Page 257) Ordinance 6, 2005 - (2nd
reading) LDR amendment- Conditional uses. Amend the Code of Ordinances,
Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section 2-147
entitled “Powers and Duties” to provide that mher appeals fiom any final
decision of the Planning, Zoning, and Appeals Board shall be made to the circuit
court. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida relating to the powers and duties of the Planning, Zoning, and Appeals
Board, the conditional use review process, the review of development order
applications, application procedures, and permitted uses, conditional, and
prohibited uses; amending Section 2-147, Code of Ordinances entitled “Powers
and Duties”; amendiig Section 78-24, Code of Ordinances entitled “Development
Review Committee”; amending Section 78-43, Code of ordinawes entitled
“Review of Applications for Development Order Approval”; amending Section
78-46, Code of Ordinances entitled “Application Procedures”; amending Section
78-52, Code of ordinances entitled “Conditional Uses”; amending Section 78-54,
Code of Ordinances entitled ‘’Public Notice”; creating a new Section 78-56 to be
entitled “Appeals and Reconsideration”; amending Section 78-159, Code of
Ordinances entitled “Permitted Uses, Conditional, and Prohibited Uses” to modify
certain permitted and conditional uses; providing for codification; and providing
an effective date.
5-
b. {Staff Report on Pape 284, Ordinance on Pape 286) Ordinance 10,2005 - (2nd
reading) Amending the Fiscal Year 2003/2004 Budget. An Ordinance of the City
Gomil of the City of Palm Beach Gardens, Florida amendjng the City of Palm
Beach Gardens’ budget for the Fiscal Year beginning October 1,2003, and ending
September 30,2004, inclusive; and providing an effective date. $4
C. lStaff Report on Page 295, Ordinance on Page 297) Ordinance 11,2005 - (2nd
reading) Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amendimg the City of Palm
Beach Gardens’ budget for the Fiscal Year beginning October 1,2004, and ending
September 30,2005, inclusive; and providing an effective date.
X RESOLUTIONS:
XI ORDINANCES: @or Consideration on Fimt Reading)
XII. ITEMS FOR COUNCIL ACTIONlDISCUSSION:
J a. JPape 303) Gardens United - evaluate the future of the group and their
continuance
yb. /Page 31 2) Town Hall Meeting Issues (one hour discussion)
Xm. CITY ATTORNEY REPORT:
XW. ADJOURNMENT
PLEASE TAKE NOTICE AND %E ADVISED that if any interested party wishes to appeal
any deciswn made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost Please call the City
Clerk’s OfJice at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
May 5,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 5,2005
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. ( 1';tge 0) Palm Beach Gardens High School First Responder Students
b. jPage 7) Recognition of William T. Dwyer High School Basketball Team.
C. /Pave 8) Mayor for a Day from Temple Beth David
d. lPage 9) Annual Audit Report 7:qy PaLlCU * q'(ch 17 I .2u .
CUNK ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
a. Page 134) Department Presentation - Community Services - Capital
Improvement Projects
9:0?w b. 1 Page 135) City Manager Evaluation
5eC'
C. lStaff lieport on Page 156, Resolution on Page 168) Resolution 70,2005 - City
Manager Contract Renewal. A Resolution of the City Council of the City of Palm cf; IO
Beach Gardens, Florida approving an amended employment agreement between
Ronald M. Ferris and the City of Palm Beach Gardens; and providing an effective
date.
4- I
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item) e a6
VIII. CONSENT AGENDA:
a. Resolution 60, 2005 - q Y3Y
Approve a financial assistance agreement as part of the Keep Palm Beach County
Beautiful Grant Program. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a Financial Assistance Agreement with Palm
Beach County for Median Beautification on Northlake Boulevard from the
Florida Turnpike East to Green Meadows Way as part of the Keep Palm Beach
Beautiful Grant Program; and providing an effective date.
b. lPaee 192) Proclamation - Days of Remembrance
C. jPage 193) Proclamation - Civility Month
IX. PUBLIC HEARINGS:
q: 47 Part I - Ouasi-iudicial
a. {Staff Report on Page 194, Ortlinmce on Page 236, Resolution on Page 240)
Ordinance 13, 2005 - (2nd reading) Waterford Hotel Planned Unit Development
(PUD) amendment. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and
Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit
Development (PUD) to transfer the site plan approval and related conditions to
Resolution 44,2005; and providing an effective date.
fdo
Resolution 44,2005 is a companion item to Ordinance 13,2005
and will require Council action.
Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD)
amendment. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Waterford Hotel Planned Unit
Development (PUD), which is located approximately l/lOfh of a mile South from
PGA Boulevard on the East side of US Highway One, to allow for the inclusion
of a 1,7 1 O-square-foot restaurant into the PUD, as more particularly described
herein; providing for waivers; providing for conditions of approval; and providing
an effective date.
94
Part I1 - Non-Quasi-judicial
q;rz a. {Staff Report on Page 248, Ordinanco on Page 257) Ordinance 6, 2005 - (2nd
reading) LDR amendment- Conditional uses. Amend the Code of Ordinances,
Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section 2-147
entitled “Powers and Duties” to provide that hrther appeals from any final
decision of the Planning, Zoning, and Appeals Board shall be made to the circuit
court. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida relating to the powers and duties of the Planning, Zoning, and Appeals
Board, the conditional use review process, the review of development order
applications, application procedures, and permitted uses, conditional, and
prohibited uses; amending Section 2- 147, Code of Ordinances entitled “Powers
and Duties”; amending Section 78- 24, Code of Ordinances entitled “Development
Review Committee”; amending Section 78-43, Code of Ordinances entitled
“Review of Applications for Development Order Approval”; amending Section
78-46, Code of Ordinances entitled “Application Procedures”; amending Section
78-52, Code of Ordinances entitled “Conditional Uses”; amending Section 78-54,
Code of Ordinances entitled “Public Notice”; creating a new Section 78-56 to be
entitled “Appeals and Reconsideration”; amending Section 78- 1 59, Code of
Ordinances entitled “Permitted USC:~, Conditional, and Prohibited Uses” to modify
certain permitted and conditional uses; providing for codification; and providing
an effective date.
{Staff Report on Pave 284, Orclitiaocc on Page 286) Ordinance 10, 2005 - (2nd
reading) Amending the Fiscal Year 2003/2004 Budget. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending the City of Palm
Beach Gardens’ budget for the Fiscal Year beginning October 1, 2003, and ending
September 30, 2004, inclusive; and providing an effective date.
jStaff Report on Page 205, Ordiiiance on Page 297) Ordinance 11, 2005 - (2nd
reading) Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending the City of Palm
Beach Gardens’ budget for the Fisl;al Year beginning October 1,2004, and ending
September 30, 2005, inclusive; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XU. ITEMS FOR COUNCIL ACTION/DISCUSSION:
10’.08 a. jPage 303) Gardens United - evaluate the future of the group and their
continuance
b. {Page 3 12) Town Hall Meeting Issues (one hour discussion)
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Address: pw-m
City: PBG
Subject :
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Address:
City:
Subject : L
c
I \’ ’
~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
>/id-
Name: f jlA/Z, /p 37joobs
Address: 4?f&#OD4 14k
Subject: I 10 @Of/ Fim/ oa
City: I
I -,
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Address: 1 \ 3\55 c K5-3’ / DJ
1
________________ ___ ~ ~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print- EZOS Name: JmnV
Address: 76w 4 /,’/Q MdK+:i
Subject: er 1
‘/7 “
City:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC fW &lw
Request to Address City Council
Please Print
Name: 0 I‘KG ($0 I k
Address: f (2’ f?- I ‘did k I
City: wPf3 33w I
Subject: 70d \‘hJ-J ~Gs~\G.p.wcy
Members of the public may address the City Council during the “Comments by the Public’’
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print ,T
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
Cauncil 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.
CITY COUNCIL MEETING 05/05/05
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS: Under Annoi4ni~i~rtii~nt/~c.~entcrtions:
Police Deeartment - Stephen Stepp - re: Sexual Predators
Information Technology - Eric Holdt
re: Growth Management Application on line
and Building Permit on line.
Citv Clerk - Patty Snider
Public Records Requests
Draft Ordinance re: Lobbyist Registration
DELETIONS. NONE
MODIFICATIONS: NONE
I AMENDED EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as “Agreement”) is
by and between the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal
corporation (hereinafter referred to as “City”), and RONALD M. FERRIS (herein referred
by name or as “City Manager”).
W I TN E S S E TH:
WHEREAS, the City desires to employ Ronald M. Ferris as the City Manager of
the City of Palm Beach Gardens, Florida, as provided for in Article VI of the City Charter
of the City of Palm Beach Gardens; and
WHEREAS, the City, through its City Council, desires to provide for certain
benefits and compensation for the City Manager and establish certain conditions of
employment applicable to the City Manager; and
WHEREAS, Ronald M. Ferris desires to accept employment as the City Manager
of the City of Palm Beach Gardens under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties hereto agree as follows:
1. EMPLOYMENT
The City of Palm Beach Gardens hereby hires and appoints Ronald M. Ferris as
its City Manager, under the terms herein established, to perform the duties and
functions specified in the City Charter and Code of Ordinances of the City of Palm
Beach Gardens, and to perform such other legally permissible and proper duties and
functions as the City Council of the City of Palm Beach Gardens shall assign.
2. TERM
A. The term of this Agreement is h, (3) 7 tc Fe-
2004extended to June l%bwaw- 1, 2009 (“Anniversary Date”) and shall be automatically
renewed for an additional two (2) year term, unless the City Council gives notice of its
intent not to renew the Agreement at least twelve (12) months prior to the expiration of
the initial three (3) year term. The City Council’s decision not to renew the Agreement
shall constitute a termination of the Agreement pursuant to Paragraph 9,fB,j and shall in
no way be construed as a termination of the Agreement by the City Council pursuant to
Paragraph 9:fD:j or 9,fE:j of this Agreement.
Note: The current contract is in the additional two-year term, which will end Februaw I
2006. The proposed lanquaqe would extend the term to June 1,2009.
B. Nothing in this Agreement shall prevent, limit, interfere with, or otherwise
restrict the rights of the City Council to terminate the services of the City Manager at any
time, with or without cause, subject only to the provisions set forth in Section 9 of this I Agreementi and those contained in the City Charter of the City of Palm Beach Gardens.
3. CITY MANAGER DUTIES, OBLIGATIONS, AND POWERS
A. The City Manager shall have the duties, responsibilities, and powers of
said office under the Charter and Ordinances of the City of Palm Beach Gardens,
Florida. The City Manager agrees to perform all duties and responsibilities faithfully,
industriously, and to the best of his ability and in a professional and competent manner.
B. The City Manager shall remain in the exclusive employ of the City and
shall devote all such time, attention, knowledge, and skills necessary to faithfully
perform his duties under this Agreement, except that the City Manager may engage in
educational and professional activities and other employment activities upon the receipt
of authorization and approval by the City Council; provided, however, that the same
shall not interfere with his primary obligation to the City as its City Manager. The City
Manager shall keep the City Council fully informed in advance of all travel and out-of-
office activities.
C. In the event that the City Manager shall serve on any appointed boards or
elected boards of any professional organizations, or serve on any committees related to
the performance of his duties, responsibilities, and powers or related to his professional
activities, in the event that any monies are paid, or gifts are received by the City
Manager relating to such service, such money or other property shall be paid over to or
delivered to the City, unless otherwise provided for by City Council resolution.
4. RESIDENCE
In accordance with Article VI of the City Charter, the City Manager shall kmme
/13\ L -remain a
resident of the City during his employment as the City Managers,
Note: This section was modified to reflect that the City Manaqer now resides in the Citv.
5. RESPONSIBILITY OF CITY TO CITY MANAGER
The City shall provide the City Manager with all necessary office
accommodations, equipment, and necessary personnel necessary to perform his duties, I services, and responsibilities,
2
,
6. COMPENSATION
A. Base Salary. The City shall pay to the City Manager an annual salary of
$1 61,597.OOs (plus any increase awarded pursuant to the Manager’s evaluation for
2005)&2&WWN . , payable in equal installments at the same intervals as the City’s
other administrative personnel are paid.
Note: The City Manager has received salary adiustments in 2001, 2002, 2003, and
2004. The salarv herein stated reflects the increase approved by the City
Council on June 18, 2004, but does not include any increase which may be
awarded on May 5,2005.3
B. Benefits. As additional compensation, the City shall provide the following
benefits to the City Manager:
{I7) The City shall provide the City Manager withfi
f3ptte%
a442 car allowance of $55QAN 650.00 per monthm
c. -rT
Note: This section has been modified to modify the car allowance, and to
delete the other options previously available to the Manager.
{2:) Participation for the City Manager and immediate family in the City’s
medical, vision, dental, disability, and life insurance programs. I
(3:) Participation in the personal leave, acute illness, and short-term disability
leave programs for City general employees. Upon execution of this
Agreement, the City Manager shall have a bank of ten (IO) personal leave
days and ten (IO) acute illness days and shall earn additional days in
accordance with the City policies applicable to general employees.
I
3
I f471 The City shall reimburse the City Manager for reasonable expenses
incurred by him in connection with and during the course and scope of his
duties and obligations pursuant to this Agreement, to the extent budgeted
annually by the City.
The City shall pay on behalf of the City Manager reasonable professional
dues, subscriptions, and seminar expenses as are related to the field of
City management and governmental administration, to the extent
budgeted annually.by the City.
..
exe&im-o&+fifteen (40s)
The City Manager shall receive five (5) 3
Administrative Leave days on #e-January 1 of each successive calendar
year. In the event the City Manager shall not take such additional paid
compensation prior to the expiration of each calendar year at the option of
the City Manager, such days may not accumulate from year to year.
I Note: Language relating to the days granted upon execution of the oriqinal
contract was deleted and an additional five days per year is proposed. I
I f71;
I f81;
9:
The City shall contribute eighteen percent (18%) of the City Manager’s
pay period base salary to the City’s ICMA Retirement Corp. Executive
Plan 401(a) Money Purchase Plan, or such other plan at the option of the
City Manager, such contributions being earned and paid per pay period.
The City Manager may contribute additional sums at his sole discretion.
The City shall provide the City Manager with a cellular phone and-/or
phone service and a laptop computer for personal and business use
during the term of this Agreement.
Note: Lanquaqe was deleted because the lump sum payment was paid within
the prescribed time limit.
GWThe City Manager shall be entitled to any such other benefits provided to
general City employees to the extent not addressed herein,
including a cost-of-living adiustment by the ECI rate (US DOL Bureau of
Labor Statistics State and Local Government Employees Total
Compensation figures) at the same time as other general employees.
Such further and additional benefits, includinq any new retirement
benefits, which are provided to general employees now or in the future
4
shall be provided to the Citv Manaqer. The Citv may. at anv time, provide
such additional benefits solelv to the Citv Manaqer, as it may deem
desirable to do so.
Note: New languaqe mirrors the salarv adiustment recently approved as
part of the Police Benevolent Association collective bargaining agreement
and ties further salarv increases to the ECI rate. ,Additionally, the
lanquage clarifies that the City Manaqer will be entitled to any new
benefits created for qeneral employees. includinq any new retirement
benefits.
7. PERFORMANCE EVALUATION
E!. The City Council shall review and evaluate the City Manager‘s
n an
June commencing in 2006-. Annually, the
performance ww cr abe&-tk~h=: Cvc (1 1 1
annual basis each
City Council shall define such goals and performance objectives which it determines
necessary for the proper operation of the City. wr’c zi#akm&
Note: Original lanquage relatinq to the six-month evaluation was deleted. Merit
increase lanquaqe was deleted (this is replaced by the ECI adiustment set forth
in Section 6.B.(9) herein).
a. I N DEM N I FI CAT1 ON
The City shall indemnify and hold harmless the City Manager from all claims and
suits resulting from performance by the City Manager of his official duties in accordance
with the Charter and Code of the City, state law, and policy directives of the City Council
within the scope of his employment. Provided, however, if the City Manager pleads
guilty or nolo contendere (no contest) to, or is found guilty of, any criminal conduct, he
shall reimburse the City for any legal fees and expenses that the City has incurred or
otherwise paid for or on his behalf in connection with the charged conduct.
5
9. TERMINATION
This Agreement shall terminate:
I A. At any time by mutual agreement of the City Manager and the City+:
B. Upon the expiration of the term of the City Manager‘s employment, unless I earlier terminated pursuant to the provisions of this Agreementi,
I C. Upon the City Manager’s death,
D. At any time by the City’s unilateral termination of the City Manager‘s
employment, with stated good cause, including, but not limited to, material breach of
this Agreement by the City Manager, or the conviction of the City Manager for any illegal
act, or any specific act or failure to act on the part of the City Manager which constitutes I a willful violation of the Charter:,
E. At any time by the City’s unilateral termination of the City Manager’s I employment without stated good cause,
F. By unilateral action of the City Manager resigning, provided that the City
Manager shall give the City ninety (90) days’ written notice in advance of the resignation
termination date, unless the City Council agrees to accept a shorter notice of
termination.
I
IO. SEVERANCE OR TERMINATION BENEFITS
A. There shall be no severance payment to the City Manager in the event the
Agreement is terminated pursuant to Paragraph 9:fB:j or 9:(C,j above. If the
Agreement is terminated pursuant to Paragraph 9,(A,j, any such benefit shall be agreed
upon by the City and the City Manager.
B. If this Agreement is terminated by the City Council, then the City shall pay
to the City Manager his base salary through the date of termination, plus reimbursement
for as-yet unreimbursed expenses pursuant to this Agreement, and such benefits as are
then earned, accrued, and payable, and such other benefits as may be required by
state law, regulation, City Charter, ordinance, or City policy.
C.
Manager.
In the event that termination shall be by the City Council pursuant to the I provisions of Paragraph SLfDLj, then no severance payment shall be made to the City
D. In the event that the City Council shall terminate the City Manager I pursuant to the provisions of Paragraph 91(E,), then:
6
/I3 The City shall pay the City Manager, as severance, an amount
equal to his then current annual salary. Such severance payment
shall not be interpreted as base salary for purposes of calculating
other benefits due the City Manager as though employed.
Note: Language deleted because the relocation reimbursement was paid
in 2002.
3122- The City shall provide the City Manager and his immediate family
with medical, vision, dental, disability, and life insurance for one (1)
year from the date of termination to be paid by the City. Thereafter,
the Citv Manager and his dependents shall be eligible for continued
participation pursuant to the terms of those plans at their sole
expense, at such rates and under the same conditions applicable to
dependents of general employees.
Note: This pror>osed amendment would allow the Manaqer, at his sole
expense, to purchase individual and dependant health insurance
Councilmembers in Ordinance 34, 2004, I coverage. This language is the same provided to the Citv
I
4& The City shall not be obligated to make any payment under this
subsection (D) unless, within ten (IO) days from the date of
termination, the City Manager shall execute and deliver to the City
a general release of the City and it Council Members, and its
officers, agents, and employees for all acts and actions (whether
accrued or subsequently accruing) from the beginning of time until
the date of the release, said release form to be prepared by and
satisfactory to the City Attorney. The City shall make all payments
required under this subsection fD,j within five (5) days of receiving
said general release.
I
I
E. In the event the City Manager shall resign, then in that event, the City
Council shall have the option to cause an earlier termination of the City Manager,
without cause, and in that event, severance shall be limited to payment to the City
Manager of such benefits as would have been earned until the date of termination
proposed under the City Manager’s notice of resignation.
11. EFFECT OF TERMINATION
A. In the event of termination of this Agreement or the City Manager’s
resignation, all City property and all finished or unfinished City documents held by the
7
f
City Manager shall be tendered and delivered to the City as its property within five (5)
calendar days of the effective date of termination or separation.
B. The City shall not be obligated to pay or reimburse the City Manager for
any expenses, including travel expenses, job search expenses, and attorney’s fees
incurred by him in connection with or as a result of any termination of his employment
as the City Manager, except as may be provided pursuant to Paragraph IO.
12. AMENDMENTS AND MODIFICATIONS
No modification of or amendment to this Agreement shall be valid unless reduced
to writing and signed by both parties. If, on the City Council’s request or with the City
Council’s consent, the City Manager continues in his employment as the City Manager I beyond the date of the expiration of his employment or other mutually=agreed upon
termination date, this Agreement shall remain in full force and effect during the I continuation of such employment, except as otherwise expressly provided by written
mutual agreement.
13. OTHER PROVISIONS
A. The recitals are true and correct and part of this Agreement.
B. The effective date of this Agreement shall be the last date it is executed by
either of the parties to this Agreement.
C. No collective-bargaining agreement to which the City is a party shall, in
whole or in part, govern, apply to, or be deemed a part of or incorporated into this
Agreement .
I
D. Any civil action arising out of this Agreement or the nonperformance or
breach of any covenant contained in it shall be brought only in Palm Beach County,
Florida.
E. The City’s waiver of any breach of any term, condition, or covenant of this
Agreement shall not constitute the waiver of any other breach of the same or any
other term, condition, or covenant of this Agreement.
F. This Agreement is binding upon the City Manager’s heirs and personal
representatives and on the City regardless of any changes in the persons holding office
as members of the City Council.
G. If any provision of this Agreement or the application of any provision to
any party or circumstance shall be prohibited by or invalid under applicable law, that
provision shall be ineffective to the extent of such prohibition or invalidity without
8
invalidating the remaining provisions of this Agreement or their application to other
parties or circumstances. This Agreement and its terms, conditions, and covenants
contained in it shall be governed by construed in accordance with the laws of the State
of Florida.
H. This Agreement contains the entire Agreement between the City and the
City Manager. All prior agreements and understandings, whether written or oral,
pertaining to the City’s employment of the City Manager are fully abrogated and of no
further force and effect from and after the date of this Agreement.
I. Regardless of which party or whose attorney prepared the original draft
and subsequent revisions of this Agreement, the City and the City Manager have had
equal opportunity to contribute to and have contributed to its contents, and this
Agreement shall not be deemed to be the product of, and therefore, construed against
either of them.
J. The omission from this Agreement of a term or provision contained in an
earlier draft of this Agreement shall have no evidentiary significance regarding the
contractual intent of the parties.
K. This Agreement may be executed in duplicate or in counterparts, each of
which shall be deemed an original and all of which together shall be deemed one and
the same instrument. No term, condition, or covenant of this Agreement shall be
binding on either party until both parties have signed it.
(The remainder of this page left intentionally blank)
9
EXECUTED by the City on this - day of ,2005.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
I By:
Patricia Snider, City Clerk, CMC
EXECUTED by the City Manager this day of ,2005.
Witnesses:
By:
Ronald M. Ferris I By:-
I Bv:-
10
CURRENT CITY MANAGER SALARY COMPARISON
MUN IC1 PALlTY
Boca Raton
Delray Beach
Jupiter
Palm Beach
Palm Beach Gardens
Royal Palm Beach
Wellington
West Palm Beach
SALARY
$1 72,709
$149,052
$1 25,000
$1 53,169
$161,597
$147,399
$143,9 1 5
$168,000
Prepared May 4,2005
Ji
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1
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It is a multi-rater or "360-degree" instrument that gathen feedback
on your managerial performance from your supervisor(s), staff,
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based on questions in an easy-to-use booklet. All ratings are
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depending on your needs. The cost of the assessment includes
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5/4/2005 6:44 PM
Other Performance ADRraiSal Materials
City Of Albany
Management Performance And Development
Evaluation
For The City Manager
PURPOSE
In order to establish and maintain effective Ci Council and City Manager i-elatlons,
it is essential that the Council establish an ongoing evaluation process that offers an
opportunity for each party w review the performance of the Manager. This evaluation
should foars on how effectively the Manager is accomplishing the goals established
by the Council and how she/he is carrying out her/his responsibilities in key
performance areas.
Specifically, the evaluation should serve the following needs:
1. Allow the Clty Manager and the Council to test, identify, and refine their
2. Allow discussion of the City Manager's strengths and weaknesses as
respeaive roles, telatlonshlps, expedatbns of rey>onsrbiJltJes to each other.
demonstrated by past performance with the objective of Increasing the
Manager's effectiveness; that is, give the Council the opportunity to provide
posit4ve feedback in areas that have been handled well and tb cJarlfy areas
where the Manager could become more effective through improved
performance.
PROCESS
1. One month before the evaluation is scheduled, the City Manager completes
the City Manager's Self-&vaiuation Fonn.
2. Two weeks before the evaluation is scheduled, the Mayor will provide each
Councilor with a copy of the evaluation form and the completed City Manager
Self-Evaluation Fm.
3. Each Councilor and the Mayor COt'npletes an evaluation form, signs it, and
returns one copy to the Mayor.
4. The Mayor tabulates the results of the evaluation forms.
5. The composite evaluation of the Mayor and City Council, along with the City
Manager's Self-Evaloation Form, are distributed by the Mayor to the Council
prior to the executive session evaluation meeting. A copy of the composite
evaluation is pmvided by the Mayor to the City Manager prior to the
evaluation meeting.
6. The Mayor and Council meet with the City Manager in executive session to
jointly review the evaluation.
7. The operating ground rules shall be established by the Mayor and Council for
the executive session including, but not limited to, such considerations as
location, time, or time considerations for any particular subject matter.
8. The evaluation process shall occur in December of each year, except rhhat the
Council may require an additional evaluation at any time during the year.
9. Following the evaluation, the City Manager shall present to the'Mayor any
requests regarding changes to the Emproymnt Agreement including salary
adjustments with the Council-authorized "Executive Salary Schedule."
1 of4 5/4/2005 6:45 PM
10. In executive session, the Mayor shall present to the City Council the City
Manager's Employment Agreement adjustment requests. At the executive
session, the Mayor shall also sollcit additional adjustment Suggestions from
the Council, At any point during the executive session, the Council may
choose to excuse the City Manager from rieliberauOns regarding these items.
Following the reaching of a majorlty consensus on any adjustments, the
CounCrl shall inform the Manager of its pending decision in exeaJUve session
and then reconvene In open session to rat@ the changes.
INSTRUCI'IONS
Attached is the evaluation form for the Cii Manager. It encompasses three primary
areas: (1) evaluation of key performance areas; (2) goal accomplishments as well as
establishing future goals; and (3) general strengths and areas for Improvement.
The ratlng system for key performance areas has been established for an "exceeds
standards," "meets standards," or "fa% to meet standards" determination by the
evaluator.
A space has been provided for each performance area to include your comments.
Each person preparjng the form Is encouraged to seJW spedfic eKampres of why a
particular rating has been chosen. The comments Included should give the City
Manager enough information to correct problem areas and allow her/hlm to place
specific items on tierfits work pian for the following year.
Upon completion of the form, please return It to the Mayor for tabulation.
a
CITY MANAGER SEY-EVALUARON FORM
The response to the questions on this bnn should be completed and pmvideU to the
U. counclv two weeks bclbre the,& evabtjw of tY)e Marrager are due. Wtional
pages may be added as needed. Your comments on these self-evaluation questions
will be attached to the perlbrmance evaluation.
1. What progress have you made in accompllshlng your goals and/or work
assignments since your last evaluation?
2. What other job-related McwnpUshments have you had that were not pwt of
the goals set at your last evaluation?
3. What obstacles or setbacks did you encourlter during the year?
4. What do yo0 see as your mafor goals for #lis next evaluation period?
5. What can the Council do to hetp you accomplish tha goals?
6. What suggestrons do you have for Improving the effectiveness between you
and the Council?
7. Do you have specific training needs which the Council can facilitate, and how
wI# these needs help yw In meeting your goals?
8. Are there any other issues or comments you wish to share?
Manager's Signature
DATE:
CITY MANAGER PERFORMANCE EVALUATION FORM
(If additional pages are needed for comments, please attach them.)
1. Communication with Council, including effective wrltten and oral presentation
and openness to Mayor and Council feedback or direction.
-&ceeds standards
20f6 5/4/2005 6:45 PM
JuuJ.l”lla.u1~ r- -
Meets Standards
-Faits to fleet Standards
2. Implementation of Council policy and assists Council in the development of
annual and long-range goals.
-weeosstandards
-Exceeds Standards
-Fails to Meet Standards
3. Staff support for Council; antlcipates and provides reports and
recommendbtions as required by the Cooncil.
-Exceeds Standards
Weeps Standards
-Faik to Meet Standards
4. Staff relations; demonstrates leadership and promotes professional staff
performance.
Meets !3andards
-Exceeds Standards
-Fails to Meet Standards
5. Financial planning and administration; prepares and administers annual
budget, whkh maintains 8 multiyear vision. - Exceeds Standards
-Meets standards
-Fails to Meet Standards
6. Personal and professional development; strives to maintain current
4mwedge and swll levels.
-Exceeds Standards
Weegstarrdards
-Fails to Meet Standards
7. Effective delivery of City SeNices and community relations.
Exceeds standwds
-Meets Standads
-Fails to Meet Standards
8. Intergovernmental relationships at the state and local levels.
-Exceeds Standards
Meets Standards
Fails to Meet Standards
9. Overall evaluation of City Manager‘s performance.
-sausfM=Y
-Unsatisfactory
10. Accomplishments: Has the city J14anagerwshed M UKKked wvarcl
acawnplishlng the goals established by the Council? Why or why not?
11. strengths: Based upan your ovetaU evduation of the City Manager, what
areas would you list as her/his strong points as a manager?
12. Improvements suggested: Based upon your evaluation, what areas would you
suggest the c#v Manager 4vWkoR 4x3 impnwe her/hiS skiusand to be more
effective in specific am5 or skuations7
3 of6 5/4/2005 6:45 PM
13. Goals for next year: What are the major goals on which the City Manager
needs to focus in the coming year?
Waluator's Signature Date
c17y OF ALBANY CITY MANAOER
GENERAL PURPOSE:
Perfoms high level admlniskatlve, technfcal, and professional work in directing and
supervising the administration of city government.
SUPERVISION RECEIVED:
works under the broad poHcv guidance of the City Council.
SUPERVISION EXERCISED: .-
Exercises supervision over all municipal employees either dlrectly or through
subordinate supervfsors.
ESSENTIAL FUNCtIONS AND RESPONSIBIUTfES
1, Manages and supervises all depattments, agencies, and offices of the City to
achieve goals within available resources; plans and organizes workloads and
staff assignments; trains, leads, and evaluates assigned staff; reviews
progress and directs changes as needed.
2. Provides leadenhlp and diettion in the development of short- and long-range
plans; gathers, interprets, and prepares data for studies, reportr, and
recommendations; coordinates department activities with other departments
and agencies as needed.
makes presentations to councils, boards, commissions, civic groups, and the
general publlc.
4. Communicates adopted plans, policies, and procedures to staff and the
general public.
5. Assures that assigned areas of responsibility are performed within budget;
pertoms cost mmi activities; monitors revenues and expendlulres In
assigned area to assure sound fiscal control; prepares annual budget
requests; assures effective and efficient use of budgeted funds, personnel,
maWs, faciHtieS, and time.
6. Determines work procedures, prepares work schedules, and expedtt@s
workflow; studies and standardizes procedures to improve efflcitncy and
effectiveness of operams.
7. Issues wrltten and oral instructions; assigns duties and examines work for
exactness, professional presentation, and conformance to policies and
procedures.
8. Facilitates positive, professional attitude among workers and resolves
grievances,
9. perfwms or asslw subordinab in pwfwming duties; adjwts errors and
complaints.
3. Provides pWessWmi advice to the City Councli and department heads;
10. Prepares a variety of studies, reports, and related information for
11. Appoints and removes all department heads, officers, and employees of the
dedfion-tT?Mng p~tQOSes.
4of6 5/4/2005 6:45 PIW
City, except the Judge and members of the Council.
12. Attends dl meetings of the City Coundl at which attendance my be required
by the Council.
13. Ensures that all laws and ordinances an executed.
M. pcepans and submks a preliminary annual clty buQget Administers the
adopted budget of the City.
1s. Advises the City Council and Budget Committee of financial conditions and
current and future city nee&.
16. Operates a motor vehicle safely and legally.
17. Maintains regular job att@ndance and adherence to working hours.
PERIPHERAL DUTIES
1. Reoommmds for adoption by the City Council such measures as Manager
2. Prepares and submits to the City Coundl such repom as may be required by
may deem necessity or expedknt.
the Council or deemed advkable by the Manager.
MINIMUM QUAUrcICAnoNS
Education and Experience:
Graduation from an accredited college or university with a Master's degree in public
administration, polltical science, business management, or a closely retared field and
five years of exw as a municipal administrator or manager of a pubk agency
or department with related duties; or an equivalent Combination of education and
experience.
Necessary Knowledge, Skills, and Abilities:
2. ConsMersble knowledge of moh policies and pmctices of public
administration. Working knowledge of municipal finance, human resoun;es,
public works, public safety, and community development.
2. SWU in: prepwing and administwing munidpal budgets; planning, directing,
and administering municipal programs; and operatJon of listed tools and
equipment used.
3. Ability to: pepwand snalyre comprehenshre reports; carry out asslgned
proleas to their completion; communicate effectively verbally and in writing;
establish and maintain eRective working relationshrps wlth employees, city
officids, and the QuMk; and efkiently and effectively adminis& a municipal
government
SPECUL REQUIREMEN7S:
1. Possesdon of or ability to obtain a valid Oregon drlver's license.
2. Must be able to speak, read, and write English language fluently.
3. Qmm standards kbde a mqukement that the individual shall not
pose a direct threat to the health or safety of the Indivtdual or others in the
workplace.
TOOLS AND EQUIPMENT USED:
Requires fkqu8nt use of persond computer, including work processing and
spreadsheet programs; calculator; telephone; copy and fax machines.
PHYSICAL DEMANDS:
The physical dsmandsdesuibed hereaerepresentativeofthose thk must be met
by an employee to su~sfulJy perform the essential functions of this job.
Reasonableaccommodatlons may be mwle to enable individuals with disability to
perform the essential functions.
While performing the duties of this job, the employee is frequently required to sit and
Worhew. Theempk~yee is occasionalJy
handle, w feel ob&%%, tools, or controls; and remh with hands and arms.
to walk; use hands b finger,
The employee must occasionally Ilft and/or move up to 10 pounds. Specific vision
abillties required by this job include close vision and the ability to adjust focus.
WORK ENVIRONMENT:
7he work environment cbracteristics described here are representative of those an
employee encounters while performing the essential Functions of this job. Reasonable
accommodations may be made to enable irtdividuais with disabilities to pertom\ the
essential Functions.
The noise level in the work envlronment is usually moderately quiet.
SELECTION GUIDELINES:
Fonnd apptlcation; ratlng of education and experjence; oral lntervlcw and reference
check; jobrelated tests may be required.
The duties listed above are intended only as illustrations of the various types of work
that may beperfanned. Theomission of spedfic muemen& of duties does not
exdude them from the position if the work is similar, related, or a loglcal assignment
to the position.
The job description does not constitute an employment agreement between the
employer and employee and 1s subject to change by the employer as the needs of
the emptoyer and requirements of the job change.
APPROVALS:
Mayor:
George Barry, Human Resources Manager
Effective Date: November 1,1995
Revlslon History: November 7,1978
6 of6 5/4/2005 645 PM
jobs.icma.org http://jobs.icma.orgldocuments/p~~o~a~ce/~~aen~lryhansas.c~
Basic Search
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Management Profession?
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Package
Recruitment Guidelines
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- Other Performance ADoraisai Materrais
Confidential
City Manager Performance Evaluation
City Of Garden City, Kansas
Fate fmm 1-10,lO
Responsibility or Characteristic Circle Rlting
General Administration
Manpower Development: Dm he/she appoint and train efFective subordinates? Is he/she able to mit and main quality employcts?
Ludershlp: Does he/he motivate others to maximum performance? Is he/she respedad as demanding but fair? Does hdhe get
enthusiastic response to hidher new ideas and needed reorganizations?
Supervision: Does he/she akquateiy supervise and direct the activities of the Department Hrwh and &If? Is he/rhe able to mntml
the operational activities of the City through others? Is he/she available to hidher employees for guidance and counseling? Does he
cffcctlvely develop Dcp8rtment Ws and ftaff people?
lob OrganiuUon: Docr hdshe &lagate responsibility effectively? Does he/she use hidher time pmductively? Does hdshe program
activities in an orderly and systematic way?
&.cution of Policy: Does hrlshe undersund and comply with tho overall poiicles, laws and philosophy of the CW? DO hldher *(forts
lead towards succrntul 8emmplishment of 908ls? Docs he/the me8sure results against 9oais and uke comctive action?
Planning: Does the M8nager translate polices and objectives into specific and efhxtive programs? Docr the Manager independently
Rsopniz4 probbms dwelop ~hti~a har. fonnuhta altertub solutions and decide on .ppmpMte mommendations
Budget: Is the bud9.t deve1op.d in a systematic and df.Etive manner? Is the budget propose1 for the Manager normally reasonable
1(
12 34 5 67 89 11
l(
12 34 5 67 89 1t
12 3 4 5 6 7 8 9 I(
123 45 67 8 9 1(
and appropriate? Does helshe carry out the budget utishctorlly and control expenses within the Icyels set In the budget? 12 3 4 5 67 8 9 1(
Communiutlon: Does he/h keep appropriatl people informed? Does he/she present hYherthou9hP in an orderly and
understmding manner? Is he/she able to be persuasive? 12 3 4 5 6 7 8 9 l(
Reporting: Does Wshe submit accurate and complete rt.fi reports on schedule? Do the repork adequately convey information on the 12 34 5 67 89 1C
City?
Commission Communication: Does the Manager provide the Commission with adequate information to nuke decisions? 12 34 56 7 8% 1[
12 3 4 5 67 89 1(
12 3 4 5 67 8 9 11
WrInen Communlution: How effective are the Managefs ietters. memoranda and other forms of written information?
Rcrponu to Commission: Dou the Men8p.r respond in a positive way to suggestions and guidance from the Commission? Is the
Manager attuned to the Commissions attltudu. feelings and needs?
Productivity: Can the Manager b. depended on for sustained productive work? Das the Manager readily assume nwnsibllity? DOCS
the Manager mwt time estimates within hidher control? 12 3 4 5 6789 11
StM Management: Is the Manager able to reualve problems under strain and unpleasant conditions? now well dam the Manager
toiem conditions of umrrt8inty? Does the M8naper respond well to stressful situations and adequately deal wlth the stress inherent
tu the position? (I 1[
tmnul h~tloIUhlp.
bmmunlty Relations: Is the Manager skillful in his/her dwiing wlth the Newt media? Dw helshe properly avoid politics and
partisanship? Dm hdshe show an honest interest in the community? Does he/she pmp.rly convey the polides and programs of the
City? 1l
Community Reputation: What is the general attitude of the communlty to the Manager? Is he/sha regarded as person of high integrity
and ability? Is hNher public mdibillty an Nut or li8bility to the City?
Professional Reputation: How does the Manager stand among hidher collugu.r? Dotr hdshe deal fictively wlth other public managerr? Is hehhe nrprmd by pmhtrional and staff npmwntltives of other cities and counties? Does hdshe anend and
participate In seminars and conferences for professional development?
Intergovemmcntrl Reletions: Dm the Manager vmrk effectively with federal. state, and other loul govWIwnent repracnt8tived Is
the relationship wlth other IwI government ficialr benericial to the City? Is he/she able tu fedlltmta cooperative efforts among
various local mgsncies and the City?
12 3 4 5 67 8 9 1(
12 34 5 6 7 8 9 11
, 1(
hnam1Ch.nw.tk.
Immgination: DW he/she show origlnallty In approaching problems? Does hdshe create efhctive solutions? Is helshe able to viauallza 12 34 5 67 8 9 1(
the Implications of various altrrnltives?
Objdvity: Is hughe unemo\ional and unbiased? Dw he/shr uke a ratlonal8nd impemnal viewpoint bad on hcts and qualified
opinions? Is hush. abk to dfvide hldher pemnai fdinpc fmm those wh!& would most &eCtively convey the City's interest?
Driw: Is the M8nwr enewic and wililng to spend the time mcuuly to do J good job? Does hwhe have good initiative 8nd is
he/& a self-starter? Does hdsh. have god wnul and physical stamlnl?
Judgment 8nd Wdvenw: Is hdhe able to nach quallty declsions in a timely fashion? AR hlJher decisions generally god? Does hdshe exercise gwd judgment in nuking decisions and in hidher general conduct?
Attitudes: Is he/she enthmlmstic? Cwprative? Wiiling to adapt? W hdshe have an enthusiastic 8ttltude towerd the City, both
12 34 5 6789 11 pmhpion8l and persorully?
Inmgrity: Dotr fhe Fbnager fulfill his/her nsponslbllltles and dutiu In accordance with the KMAfoda of Ethics? Is he/she honest and 12 3 4 5 67 8 9 1(
forthright in his/her profnrional upacities? Dou hdshe have 8 reputation In the mmrnunity for honesty and intqrity?
9lf-Auunna: b the M8nager self-assurd of hiJher abilities? Is hJshe abie to bo honest with himself /herself and ob con.tmctive
crltlclsm? Dou he/she tlke nrpcnslbillty for mistakes which an hls/her? Is hdshe confident enough to make dedrlons and uke
actions N may k nquired without undue supervision from the Commission?
12 34 5 67 8 9 11
1 2 3 4 5 67 8 9 1(
12 34 5 67 89 l[
lof2 5/4/2005 6:45 PM
jobs.icma.org http://jobs.icma.org/documents/perrormance/craraenLlrynansas.crm ..'.
WGGEsnDNS AND SPECIFIC DlRECnON
2 of2 5/4/2005 6:45 PM
County of palm Beach
County of Lee
County of Leon
County of Orange
City of Aventura
county of sarasota
City of Palm Beach Gardens
county of Pasco
City of Boca Raton
City of WPB
County of Collier
City of Tallahassee
County of Osceola
County of Volusia
County of Manatee
City of Delray Beach
City of Winter Park, FL
County of Seminole
City of Pinecrest (Village)
City of Tamarac
City of Miami Lakes (Town)
County of Brevard
City of Palm Beach (Town)
City of Lakeland
City of Miami Gardens
County of Martin
City of St. Petersberg
County of Okaloosa
City of Clearwater
City of Palm Bay
City of Gainesville
County of St. Lucie
County of Polk
City of Vero beach
County of Monroe
City of Orman beach
County of Charlotte
City of Melbourne
City of Jacksonville Beach
City of Paensacola
City of Kissimmee
County of Lake
City of Dunedin
City of Ocala
$203,954.00
$203,882.00
$171,562.00
$168,251 .OO
$165,939.00
$1 63,987.00
$1 61,597.00
$161,411 .OO
$1 60,407.00
$1 59,672.00
$157,438.00
$156,083.00
$152,341.00
$1 51,351 .OO
$1 50,134.00
$149,053.00
$145,248.00
$1 44,248.00
$143,091 .OO
$142,815.00
$1 42,663.00
$141,767.00
$140,291 .OO
$1 40,000.00
$140,000.00
$137,365.00
$136,372.00
$1 36,281 .OO
$1 35,200.00
$134,637.00
$133,027.00
$1 32,026.00
$1 32,000.00
$130,000.00
$130,000.00
$127,500.00
$125,008.00
$1 24,136.00
$123,552.00
$1 23,407.00
$1 20,690.00
$1 20,369.00
$119,018.00
$1 19,000.00
City of North Miami Beach
City of Venice
City of Punk Gorda
County of Hernando
County of Nassau
City of Palm Coast
City of casselberry
City of Daytona
City of Plant City
City of Oakland Park
City of Titusville
City of Seminole
City of Dania Beach
City of haines City
City of Atlantic Beach
City of Miami Springs
City of Bartow
City of Palm Springs (Village)
City of Eustis
City of Oldsmar
City of Daytona Beach Shores
CountyofPutnam .
$1 18,446.00
$1 18,000.00
$1 15,759.00
$1 15,000.00
$1 15,000.00
$1 14,615.00
$1 14,400.00
$1 10,853.00
$1 10,376.00
$109,720.00
$109,450.00
$109,109.00
$1 07,619.00
$1 07,597.00
$106,165.00
$1 04,009.00
$103,626.00
$103,001 .OO
$101,504.00
$101,340.00
$100,327.00
$100,006.00
City of Atlantic Beach
City of Aventura
City of Bartow
City of Boca Raton
City of casselberry
City of Clearwater
City of Dania Beach
City of Daytona
City of Daytona Beach Shores
City of Delray Beach
City of Dunedin
City of Eustis
City of Gainesville
City of haines City
City of Jacksonville Beach
City of Kissimmee
City of Lakeland
City of Melbourne
City of Miami Gardens
City of Miami Lakes (Town)
City of Miami Springs
City of North Miami Beach
City of Oakland Park
City of Ocala
City of Oldsmar
City of Orman beach
City of Paensacola
City of Palm Bay
City of Palm Beach (Town)
City of Palm Coast
City of Palm Springs (Village)
City of Pinecrest (Village)
City of Plant City
City of Punta Gorda
City of Seminole
City of St. Petersberg
City of Tallahassee
City of Tamarac
City of Titusville
City of Venice
City of Vero beach
City of Winter Park, FL
City of WPB
City of Palm Beach Gardens
$1 06,165.00
$165,939.00
$103,001 .OO
$161,411 .OO
$1 14,400.00
$135,200.00
$107,619.00
$1 10,853.00
$100,006.00
$149,053.00
$1 19,018.00
$1 01,340.00
$133,027.00
$107,597.00
$123,552.00
$120,690.00
$1 40,000.00
$1 24,136.00
$1 40,000.00
$1 42,663.00
$103,626.00
$1 18,446.00
$109,720.00
$1 19,000.00
$1 00,327.00
$1 27,500.00
$1 23,407.00
$134,637.00
$140,291 .OO
$1 61,597.00
$114,615.00
$1 01,504.00
$143,091 .OO
$1 10,376.00
$1 15,759.00
$109,109.00
$136,372.00
$1 56,083.00
$142,815.00
$109,450.00
$1 18,000.00
$130,000.00
$1 45,248.00
$159,672.00
County of Brevard
County of Charlotte
County of Collier
County of Hernando
County of Lake
County of Lee
County of Leon
County of Manatee
County of Martin
County of Monroe
County of Nassau
County of Okaloosa
County of Orange
County of Osceola
County of palm Beach
county of Pasco
county of Polk
county of Putnam
county of sarmota
County of Seminole
County of St. Lucie
County of Volusia
$141,767.00
$1 25,008.00
$1 57,438.00
$1 15,000.00
$120,369.00
$203,882.00
$1 71,562.00
$1 50,134.00
$1 37,365.00
$1 30,000.00
$1 15,000.00
$1 36,281 .OO
$168,251 .OO
$152,341 .OO
$203,954.00
$1 60,407.00
$132,000.00
$1 04,009.00
$1 63,987.00
$144,248.00
$1 32,026.00
$1 51,351 .OO
Complimentary Report of the 2004-2005 ICMA Executive
Salary Suwey for the position of "Chief Administrative
Officer for Cities and Counties"
ICMA is pleased to present this complimentary report to our members. The report details the
results of the 2004-2005 Executive Salary Survey for the position of "Chief Administrative Officer for Cities and Counties'. This report is effective as of December I, 2004 and is provided in a PDF
file format Please note: You can gain much mor8 data on this position along with 23 other
executive position tities through CMA's online subscription-besed site called SuweyNavigatoP
for CMA. To demo this interactive Web-based tool that is updated monthly with new data,
please visit www.survevnaviaator.com/icma/demo. From here you can demo the features of SurveyNavigator* and also subscribe to the annual survey for an affordable annual fee of as
little as '$210.00. However, the download provided here is of no charge to you and provided by
City of Dallas, TX
City of Palmdale. CA
City of Beverly Hills, CA
City of Santa Clara, CA
County of Riverside, CA
City of Redding, CA
County of San Diego, CA
City of Chula Vista. CA
City of Pico Rivera, CA
County of Henrico, VA
City of San Jose, CA
City of Torrance, CA
City of Elk Grove, CA
City of Irvine, CA
County of Palm Beach, FL
County of Lee, FL
City of San Ramon, CA
City of Concord, CA
County of Montgomery, MD
Ci of Walnut Creek, CA
City of Pomona, CA
City of Phoenix, AZ
Cii of Roseville, CA
County of Arlington, VA
City of Bakersfield, CA
City of Henderson, NV
Ci of Santa Barbara. CA
Ci of Cupertino, CA
Ci of Huntington Beach. CA
Village of Garden City, NY
County of Hamilton, OH
City of Fort Worth, TX
City of Austin, TX
City d Lakewood, CO
City of Santa Ana, CA
$263,027.00
$252,525.00
$239,000.00
$238,020.00
$227.91 5.00
$21 8,000.00
$21 6,382.00
$215,000.00
$21 1,159.00
$209, 1 86.00
$207.828.00
$205,000.00
$205,000-00
$203,954.00
$203,881.68
$203,280.00
$200,581 .oo
$195.1 77.00
$194,064-00
$194,013.00
$193,336.00
$1 92,75800
$192,019.36
$191,688.00
$191,240.00
$190,550.00
$190,253.00
$190,000.00
$190,000.00
$189,956.00
$189,322.00
$188,115.00
$187,657.60
$187,548.00
$21 2,000.00
County of Chesterfield, VA
City of Des Moines, IA
County of Lake, IL
City of Pleasant Hill, CA
City of Lubbock, TX
County of Prince William. VA
County of Clark, NV
City of Alexandria, VA
County of Gw’nnett, GA
City of Palo Alto, CA
City of Norfolk, VA
City of Pbno. TX
City of Redwood City, CA
City of San Bernardino. CA
City of Irving, TX
Ci of Virginia Beach, VA
City of Amarillo, TX
City of Tucson, AZ
City of Charlotte, NC
County of Sacramento, CA
City of Santa Clarita, CA
Village of Rivewoods. IL
City of Corpus Christi. TX
City of Richardson, TX
County of Washoe, NV
City of El Monte, CA
County of Leon, FL
City of Inglewood, CA
Town of Highland Park, TX
City of Richmond, VA
Ci of Mesa. AZ
City of Laguna Niguel, CA
City of Bellewe. WA
City of Grand Prairie, TX
City of Round Rock, TX
County of Orange, FL
City of Fairfield. CA
Ci of Auburn, AL
County of Kern, CA
City of Overland Park, KS
Ci of Culver Ci, CA
County of Catawba, NC
Ci of Denton, TX
City of Dublin, CA
C@ of Aventura, FL
Ci of Oceanside, CA
City of Highland Pa*, JL
County of De Kalb, GA
city of salinas, CA
City of Em. CA
$186,415.00
$185,949.00
$185,850.00
$185,400.00
$185,000.00
$185,000.00
$184,009.28
$183,377.44
$1 82,179.71
$181,987.00
$18 1,440.00
$181,047.00
$1 80,948.00
$1 79,950.00
$179,664.00
$1 79,368.00
$179,004.00
$178,104.00
$1 77,115.00
$175.893.00
$175,000.00
$175,000.00
$1 74,746.00
$173.139.00
$172,500.00
$1 72,182.00
$172,000.00
$171,562.36
$17 1 ,SI 6.00
$171,000.00
$170,200.O0
$1 70.149.00
$169,436.80
$169,080.00
$168,650.00
$168,607.00
$1 68,397.00
$168,251 .OO
$168,190.00
$167,500.00
$167,443.00
$166,900.00
$166,882.00
$166.559.00
$166,037.00
$165,954.00
$16!5,939.00
$165.OO0.00
$164,383.00
$1 64,244.00
County of Sarasota, FL
City of livermore, CA
City of Las Vegas, NV
City of Benicia, CA
city of Scottsdak Az
County of Hennepin, MN
City of Colorsdo Springs, CO
City of Joliet, IL
City of Palm Beach Gatdens, FL
City of Boca Raton, FL
County of Loudoun, VA
County of Union, NC
County of Pasco, FL
City of Hampton, VA
Ci of Mc Kinney, TX
City of Kansas City, MO
City of West Palm Beach, FL
City of Menlo Park, CA
City of Union City, CA
City of Temecula, CA
Township of Livingston, NJ
County of Johnson, KS
Ci of Whittier, CA
County of Collier, FL
City of Chandler, AZ
City of Houston, TX
City of Arvada, CO
City of Tauahassee, FL
Ci of Oklahoma City. OK
Ci of Winston-Salem. NC
City of Canollton, TX
City of Garland, TX
City of Wichita, KS
City of San Buenaventura (Ventura), CA
Ci of Napem’lle, IL
City of Bullhead City, AZ
City of Woodland, CA
City of Belvedere, CA
Town of Addison, TX
Town of Paradise Valley, AZ
City of Westminster, CO
City of Columbia, SC
City of Roanoke, VA
County of Osceola. FL
County of Monmouth, NJ
City of Allen, TX
County of Volusia, FL
City of New Orleans, LA
city of Rancho santa Margarh, CA
city of Ben Gardm CA
$163,987.00
$163.91 0.00
$163,807.00
$1 62,564.00
$162,0Y 1.20
$162,OO0.00
$161,772.00
$Y61,699.00
$161,597.00
$161,411.00
$161,39O.00
$161,000.00
$160,407.00
$1 60,313.00
$160,200.00
$160,008.00
$Y59,800.00
$159,672.24
$159,256.24
$159,000.00
$158,430.00
$158,113.00
$158.080.00
$158.052.00
$1 57,438.00
$157,~00.00
$156,550.00
$156,260.00
$156,083.00
$156.000.00
$1 55,384.00
$155,2S0.00
$155,002.00
$155,000.00
$155,000.00
$154,648.00
$154,508.38
$154,128.00
$153,984.00
$153,930.00
$1 53,670.00
$1 53.1 37.00
$1 53,OO2.00
$152,531 -00
$152,341.00
$152,110.00
$Y ~040.00
$151,614.00
$1 51,351.00
$15 1,188.00
City and County of Broomfield, CO
City of West Sacramento, CA
County of Pinal, AZ
Ci of Springfield, MO
City of Goodyear, AZ
Wllage of Crotmn-Hudson, NY
Village of Schaumburg, tL
County of Manatee, FL
County of Prince George's, MD
County of Guilford, NC
City of GreenviUe, SC
Village of Grayslake, IL
City of Calabasas, CA
County of Tunica. MS
Town of Gilbert, AZ
City of El Paso, TX
County of Collin, TX
city of Doral, FL
City of Lake Forest, IL
Ci of Chesapeake, VA
City of Abilene, TX
City of Delray Beach, FL
City of Coppell, TX
City of Redlands, CA
Town of Flower Mound, fx
Cky of New Rochelle, NY
City of Frisco, TX
Ci of Avondale, AZ
County of Albemarle, VA
County of Stafford, VA
Town of Woodside, CA
Cay of North Las Vega% NV
Town of Leesburg, VA
City of Winter Park, FL
City of Gaithersburg, MD
County of Los Alamos, NM
Ci of Innrindale, CA
City of Temple, TX
Ci of Burleson. TX
County of Seminole, FL
City of Waco, TX
Ci of Walnut, CA
City of Dothan, AL
Wage of Pinecrest, FL
City d BeURower, CA
City of North Richland Hills, TX
City of Rohnert Park, CA
City of D?&no, CA
Ci of El cerrito. CA
ci of woodstock, IL
$1 51,000.00
$150,800.00
$1 50,779.00
$150,747.00
$150,680.00
$150.314.00
$150,159.00
$150.1 34.00
$15o,oa0.00
$150,000.00
$150,000.00
$150,000.00
$1 50,M)o.oo
$150,W0.00
$1 50,000.0O
$150,000.00
$150,000.00
$150,000.00
$1 50,000.00
$149,600.00
$149,350.00
$149,247.00
$149,O53.00
$149,000.00
$14a,Zb00
$147,933.00
$147,680.00
$147,200.00
$147,022.00
$147,000.00
$147,000.00
$147,000.00
$147,OQO.00
$146,377.00
$145.870.00
$145,287.00
$145,000.00
$144,713.00
$1 44,595.00
$144.499.00
$144,248.00
$144,000.00
$144,000.00
$143,5O0.00
$143.091 -00
$142,965.00
$142,959.00
$14a,m.00
$w,wa.oo
$142,wa.00
City of Tamarac, FL
County of New Harmer, NC
Town of Miami Lakes, FL
County of Rowan, NC
Cii of Shaker Heights, OH
Ci of Fairfax, VA
viflago of Oak Park, IL
County of Brcvard, FL
City of Mansfield, TX
Town of Avm, CT
City of Rock Hill, SC
City of WaxahaChie. TX
County of Charles, MD
City of Dayton, On cov* of vavapai, Az
Village of Elk Glove Vitlage, 1L
County of Washtenaw, MI
Cily d tnpevine. TX
\lill~~~ of Libertyville. IL J Town of Palm 8oach. FL
Ci of Lakeland, FL
City of Rye, NY
County of SuSSen, NJ
City of SoutMaks, TX
City of Miiml Gardens, FL
City of figstaft, AZ
County of Clark, WA
Village of BmxviUe, NY
City of Champaign. IL
County of Sedgwick. KS
City of Lowland, GO
Ci of Midland, TX
County of Howard, MD
City of Ciebume, TX
City of San Luis Obispa, CA
County of F Wick, MD
County of James City, VA
County d Martin. FL
Vibge of Hinsdale, It
CiIy of Ann Arbor. MI
County of Yuma, At
Cay d Manteca, CA
County of Imdoll. NC
Ci of St Petersburg. FL
county of okaloosa, FL
City of the Colony, TX
Town of Chapel Hill, NC
Cily of Rowlolt, TX
Village of Woodridge, It,
ci of Pearland. Tx
$142,815.00
$142,763.00
$142,663.00
$142,597.00
$142,333.00
$142.202.00
$142.091 -00
$74t,78?62
$141.756.00
$941,365.00
$141,280.00
$141,120.00
$141,000.00
$140,923.00
$140.906.00
$140.901.00
$140.631.00
$140.600.00
$140.291.00
$140,000.00
$140,000.00
$140,000.00
$140.000.00
$140,000.00
$139.879.00
$139,549.00
$139,500.00
$1 39,256-00
$138,763.00
$138,700.00
Sl38,647.00
$738,600.06
$1 38,466.00
$138,375.00
$‘I 38,164.00
$1 37.94 1 .OO
$1 37,729.00
$137,365-28
$137,361 .OO
$137,M10.00
$136.995.00
$136.716.00
$136,372.00
$136,281.60
0138,256.00
$135.80’1.00
$1 35.76200
$135.532.80
$iaa.ss2.40
$137, oo9.ao
I
Town of Vienna, VA
City of Clearwater, FL
County of Richland, SC
Township of tower Medon, PA
Ci of Hiify. NC
City of Portsmwth, VA
Village of Hoffman Estates, IC
Borough of Butler, NJ
City of Brownsvllle, TX
County of Kent. MI
City of Palm Bay, FL
City of Wilmingbn, NC
County of Clackamas, OR
Cay of Cedar Hi#. TX
City of Renton, WA
Township of Spar$, NJ
Cii of Longview, TX
City of Whcobn. IL
County of Fdcrick, VA
County of Doughs, GA
City of Mom Bay. CA
Covnty of Gaston. NC
Cii d Dubuque. IA
City of LewisvRe, TX
Tom of TNckee, CA
Ci of Gainesvfib. FI.
Vatage of Wilmette. IL
City of Lethrop. CA
City of Surprise, AZ
City of Keller. TX
Ciy of Newnan. GA
City of Lynchburg, VA
town of Manchester, CT
County of St. Lucie, FL
Town of West Hartford. CT
City of West Jordan, UT
Cwnty of Polk, FL
City of Presmtt, A2
City of Olathe. US
City of Portago. MI
City of 6a1umont. TX
City of Duncanville, TX
City of Rocky Mount. NC
Ciy of Wesllake Village. CA
City of FayeUeviHe, NC
City of Davenport, IA
City of Farmingan Hills, MI
City of Mwnt Lebanon, PA
Township of Bernards. NJ
Ci of Merced, CA
01 *d
$135.21 9.00
$13S,200.00
$1 35,491 .OO
$135,OO0.00
$‘l35.000.00
$1 35.000-00
$135.000.00
5135,000.00
$134,992.00
$134.824.00
3134.637.00
$134.550.00
3134,428.00
$1 34~37.00
$134,137.00
8734,079.00
$1 34.0 1 2.00
5134,000.00
$134,000.00
$134,000.Q0
$133,012.00
$1 33,763.00
$133,262.00
$1 33,205.00
$1 33,152.00
$1 33.Q27.00
$133,0M).OO
SI 32,840.00
$1 32,500.00
$1 32,500.00
$? 32,457.00
$1 32.392.00
Til 32.1 86.00
$1 32.026.00
$1 3Z00200
$1 32000.00
Sl32.QOO.OQ
L132.aO0.00
$131,862.00
$131,508.00
$131.500.00
$131,490.0(1
$131,401.40
$131,250.00
$131.1 15.00
$131,057.00
$130,924.00
$130,87S.00
$130,so0.00
$130,722.00
I
Town of Sharon, MA
Village of NDRhbrook, IL
County of Now Castle, DE
County of Coconino, AZ
County of Beaufort, SC
Athens-Clarke County, GA
City of Vero Beach. FL
County of Monroe, FL
City of Suffolk. VA
County of Dakota, MN
County of El Dorado. CA
County of Pitt. NC
County of Anokp. MN
City or Conroe. TX
CHy of Agaura Hills. CA
City d Banning. CA
City af Centennial, CO
Village of Vernon Hills. IL
County of York. VA
Village of Gltm Ellyn, IL
Town of Mount Pleasant, SC
Ceunty of Spa&an&urg. SC
Twn of Oorien, CT
City of Atascadem, CA
Ci OF La Habra, CA
City of Missouri Ci. TX
City of Mosquito. 1%
County of Humbddt, CA
Ci of Vi, CA
City of Minneapolis, MN
City of Hartford, CT'
City d De Sdo. TX
Ci of Monroe, NC
Village of Downers Grove, It
Ci of Ormond Beach. FL
County of Cahrert, MD
Village Of HanisOn. NY
City of Omn City, NJ
City of Davis, CA
Cuun!y of Spotsylvania, VA
City of Dover, NH
City of La PuenQe. CA
City of Kirkland, WA
City of Brenhnrood, TN
City of LB Palm, CA
City of Jssaquuah, WA
City of Kileen. lX
county of Easls, co
city of Tulafe, CA ci of Golden. co
$1 30.686.00
$130,500.00
31 30,389.0U
$1 30,089.02
$13O.OSO.OO
$130,006.00
$130,000.00
$l30.Ooo.O0
$130,000.00
$130,000.00
$1 30,M)O.OO
$1 30,000 I00
8130,000.00
$1 30,000.00
$l30.000.00
$1 30,OOO.OO
$l30,000.00
$1 29.820.00
$129,84600
$129,626.00
$129,526.00
$1 28.23O.00
$129,200.00
$129,072.00
$128,424.00
$128,416.00
5128.299.00
SI 28,120.00
$I26,000.00
$127.824.00
$1 27,5O4.00
$127.5000.00
$127.500.00
S127,500.00
$127.3O5.00
$127,300.00
$127.296.00
$127,250.00
$127.241.00
$127,200.00
$127,070.00
$127.025.00
$1 27,000.00
$126,804.00
$1 26,475.00
$126,457.96
$126,326.00
siao,ooo.oo
$128,751 .OD
smmaoo
City of Hlgh Point, NC
City of Pasco, WA
County of Tuolumno, CA
Town of Wemdon, VA
Town of Hilton Head Island, SC
City of Cedar Park, TX
City of Hamilton, OH
City of Nswgdoches TX
Cwnty of Craven, NC
City of Kalarnazoo, MI
Cw* Ofchatldtte. FL
County of Grcenvilte, SC
City of Marietta, GA
County of Baltimore, MD
City of Weatherford, TX
County of Jocksm, OR
County of Henry. GA
City of Spartanburg. SC
Cify of Englewood. CO
City of Odessa. 7%
County of Salt Lake, UT
City of Corvalis, OR
City of Goldsborn, NC
Ci of Hwvor. AL
City of Marion, IA
City of Chesterfield. MO
City of Salt Lake City, UT
Cily of Melbourne, FL
City of Fairfield, OH
Village of Algonquin. IL
Town of Breckenridge, CO
County of Hamilton, TN
County of FlMence. SC
Township of Piscabway, NJ
City of Eugene, OR
City of Yuma, AZ
Ci of Jacksonville Beach, fL
Ci of Medford. OR
Cii of Maryband Heights. MO
City of Pensarmla. I%
Ci of Kernfille, TX
Ci of Ebttendorf. IA
Borough of Prhcebn. NJ
Ciiy of Blue Springs, MO
City of Vrnbuver, WA
Town of BlooM~ld. Ct
Town of Portole Valley, CA
County of Olmsttd, MN
Village of Lake Zurich. IL
City Of DumnW, co
$726,127.00
$l26,072.00
$126,M)O.00
$126,000.00
$126,~0.00
$1 26,000.00
$125,736.00
$125,460.00
8 125,200.00
$125,155.00
$125,008.00
$125.OOO.O0
$125,000.00
$125,000.00
$125,000.00
$125,000.00
$125.Oa0.00
$125.000,00
$125,000.00
S 125,000.0O
$124,63200
$1 24.566.42
$124,384.00
$124,280.00
$124,209.00
$124,195.00
$124,191.00
$124.136.00
$1 24,10270
$124,000.00
$124,000.00
$124,000.00
$123,985.00
$1 23,97606
$1 23,956.00
$123,698.00
$1 23,600.00
$123,55200
15123.500.00
$123.492.00
$ 123,407.OO
$123362.67
$123.01 3.00
$123.000.00
$123,000.00
$422,77200
$122.500.00 s 122,000.00
$122,000.00
5122,000.00
Town of Mansficld, CT
County d Scott. IA
City of Deer Perk, TX
City of Ennis, TX
Town of Weston, MA
Village of lndiart Hill, OH
Township of Montville, NJ
City of BeUaire. TX
City of West University Place, TX
City of Richhnd, WA
City of Shorclii, WA
City of Kissimmoo, f L
County of Hal. GA
Town of Nmal. IL
Township of Oemrilb. NJ
County of Larimw, CO
County of Lake, FL
City of Garfield. NJ
City of Bimingharn. MI
County of St Clair. MI
City of Sah Matcos, TX
City of Olympia. WA
City of Wylie, TX
City of Lufkin, 7x
City of Rochegter, MN
County d Jeffersbn. CO
Town of Yucca Valley, CA
County of Nevada, CA
County of Moore. NC
City of Spokane Valley, WA
Township of Brick, NJ
Ciy of Yakima, WA
Cily of San Angelo, TX
City of Orem, UT
City 01 Friendswood, TX
Village of Carol Stream, It.
City of Mibnd. MI
City of Williamsburg. VA
City Dunedin. FL
Village of Lincdnwaad. IL
City of Ocala. FL
Ci of Bryan, TX
City of Winchester, VA
Cwnty of Randolph. NC
City of Kenmore, WA
County of La crease, w1
Cily of North Miami Boa&, FL
City of SebeSEepd. CA
Town of Sudbury, MA
my of Geergem, rx
$121,668.00
$121,659.00
$121,500.00
$121,196.00
$121,000.00
$121,000.00
$120,896.00
$120.880.00
$120,79B.00
$120.691.00
$120.690.00
$120,640.00
$120.510.00
$120,500.00
9120,402.00
$120.369-60
$1 20.21 0.00
$120201.00
$120. ,I 02.00
$120,016.00
$120,000.00
$120,000.00
$120,000.00
$120,000.00
9120,000.00
$1 20,000.00
$120,000.00
$120,M0.00
$119,834.00
$119,830.00
$119,820.00
01 19,764.08
$1 19,700.00
$1 19,628.00
$1 19,608.00
$1 19,rj0o.00
$119.500.00
$1 19,184.00
$1 18,O18.00
$119,Ml0.00
$119.000.00
$7 79,ooo.m
$1 '18,820.00
81 18,752.00
$1 78,SOO.OO
$1 18,450.00
$1 18.448.00
$1 18,246.00
$m,r45.00
tiiaw.oo
Cii ef Bend, OR
City of Venice. FL
City of Grand Junction, CO
City of Springfield. OH
City of Lawrence, KS
City of EUrnond, OK
County of Gmd Traverse, MI
City af Steamboat Springs, CO
City of Los Alamilos, CA
City of Vi3 Park, CA
Cisy of Roswell, GA
City of Upper Arlington, OH
City of Grand Torrace, CA
City of St. Joseph, MI
City of Salcm, OS
Town of Queen Creek, AZ
City of Kettering, OH
City of Baytown, TX
City d Burien. WA
Borough of Chatham. NJ
City of Federal Way, WA
City of Mountain Brook, AL
Village of Ryo Brook, NY
County of Hdrd. MD
Town of Paricer, CO
City of Moline, IL
County of Muskegon, MI
City of Punta Go&, FL
City of Shreveport, LA
Vilsge of Niles, IL
Ci of Passaic, NJ
Town of Ocoan City, MD
County of Cherokco, GA
Vilbgc of Oak Brook IL
City of Des Plaiws. IL
County of Hemando, FL
County of Nassau. FL
Tam of Chino Valley, AZ
City of Wheat Ridge, GO
City of Highland Wbge. TX
Ci of Nrm Ixlndon, CT
County of Steams, MN
Ci of Palm Coast FL
City of Minnetonka, MN
City of beaster, TX
Vitbge of La Grange Park, 11
City of cesselbeny, FL
Village of Roselle. IL
city of clystal Lakc, If.
'
' CityofSbuxcny.IA
$118,000.00
SI 17,996.00
$1 17,616-00
$1 17.600.00
3717,542.00
$1 17,!541.00
$1 17,420.OO
$1 17,338.40
$117,312.00
$1 17,000.00
$1 1 7,000-00
$1 t 7,000.00
$1 1 f.000.00
$1 16.974.OO
$1 10,709.00
$1 16.667.00
$116,390.16
$1 16,300.00
$1 16,224.00
$1 16,100.00
$1 16,050.OO
$116,043.00
$1 16.OO4.00
$1 16.902.00
$1 16.000.00
$115,825.00
$1 15,759.00
$1 15,692.00
$1 15.5OO.OO
$1 3 5.229.00
$1 15,063.0O
$1 15,000.00
$1 15,000.00
$1 15,000.00
$1 15,000.00
$1 1 &000.00
$1 15,000.00
$11 5.000.00
$1 15.000-00
3114,804.00
$114,785.00
$114,670.00
$114,615.00
$114,453.00
$114,444.00
$114,420.00
SI 14,400.00
$1 14,324-00
$iia.ooo.oo
si I 7.a94.00
9 *d
Ci of Eagan, MN
County of Washington. MN
City of Maplewood, MN
City of Maple Gmve, MN
Ci of Edh, MN
City of Plymouth, MN
City of La Porte. TX
City of St. Louis Park, MN
City of San Anselm, CA
City of Nmi, MI
Villagc of Lielc. I1
Village of New Lonox, IL
Boreugh of Lodi, NJ
ViUago of Fl-r. IL
Town of Avon. CO
County of Jackson, MO
City of Rockwatt, 7X
City of Newark, OE
Borough of Tenany, NJ
City of West Valley Ci, Ut
Township of Wst Chester, OH
Ci of Dh Jackson. TX
City of Woodburn, OR
Town of Marana, AZ
City of Bonbmk; TX
Town of Grolon. CT
City of Colleyville. TX
Ci of Hahisonburg. VA
County of Greensvillo. VA
Town of HunteWlle. NC
City of Peachme City. GA
Borwgh of Haddonfiild, NJ
County of Monroe, NY
City of Harlingon. tx
Village of Palatine, IL
county af Cbrk OH
County d Rockingham, NC
Town of Granby, CT
Township of Union, NJ
township of Meplewaod, NJ
Township of East Brunswlck. NJ
City QS Pigeon Forgo. TN
Township of Upper Meriorr, PA
City of Burlinytm. NC
Ci of Sourh Daytona. FL
Town of Northborough, MA
City of &k Park, MI
Town of Bedford. MA
Town od Morristown. NJ
county of York sc
$1 14,296.00
$174,288.00
$1 14.288.00
U 14,288.00
$114.288.00
$114,125.00
$114.000.00
$1 13,856.00
$11 3,840.00
$1 13,547.00
$1 13.5O8.00
$113,500.00
3113,445.00
$1 13,400.00
$1 13.31 8.40
$1 13,300.00
$1 13,233.00
$1 13.233.00
$1 13,000.00
$1 12.970.00
$1 1 %800.00
$112.M)9.00
$112,558.00
$1 12,500.00
$172,476.00
$1 12,476.00
$112,372.00
$1 12,278.00
6112,276.00
$1 12,257.60
$1 121 95.00
$112.153.00
$112.09120
$1 12.089.00
$1 12,000.00
5112,000.00
$1 1 1.841.6O
$1 11,613.00
$1 1 1,170.00
$1 11,130.00
$1 11,000.00
$1 1 1.06o.uo
$1 1 o,sSo.00
$110.909.00
$1 10,866.00
$1 10.853.00
$1 10,824.00
$1 10,725.00
$1 10,60O.00
$ii4,2a7.00
Village d Bloomingdafe. IL
City of Graham, NC
City of Ptan( City. FL
City of Watauga, lX
City of Santa Paula, CA
City of Beaufort, SC
City of Rqal Oak, MI
Village of Wcstam Springs. II
Vinwe of Elmwood Park, IL
City of RoseviHe, MN
County of Oconee. SC
County of Georgetown, SC
City of Johnson City, TN
Cily of Wyoming, MI
City of Twentynine Palms, CA
Town of South Windsof, CT
Town OF Welhersfield, CT
City of Clam, MO
Ci of Toilesen, AZ
Town of Esbs Park GO
Cii of Fod Bragg. CA
City of Newcastle. WA
City of Reading, PA
City of Loandar. TX
City of Hazebod, MO
City of Edcrn Prairie, MN
Viaage of Lake In tho Hills, IL
City of Tray, OH
Town of Cdonie, NY
County of Moa, CO
City of Oakland Park. FL
Town of colkenrille.
County of Rockingham. VA
Viliaga of Huntley. IL
Ci dAlbany. OR
Ci of Tiusvilh, FL
cwnty d Yuba. CA
CIty of Beloit. Wl
City of Bloomingm, IL
City of Seminole, FL
Village of Aldsley. NY
. City of PlainfieJd, NJ
City of Montgomery, OH
City of Madison Heights, MI
City of Battle Creek, MI
City of Muskegon. MI
City d Ogden CXy. UT
City of Keamey, NE
City of Blaine. MN
City of Greenvilte. 7%
$1 10.570.00
$1 10.537-00
$1 10,376.OO
$110,310.72
$1 1 0340.00
$1 IO, n 9.00
$110210.00
$1 10,071.00
$1 10,000.00
$1 10.000.00
$1 10,000.00
$1 10,000.00
$1 10,000.00
$1 '10,000.00
$1 10,000.00
$1 10,000.00
$1 10,000.00
$110,000.00
$1 lO,MX).OO
$1 1 o,o0O.oo s 1 1 0.oO0.00
$1 10.000.00
$110,000.00
$1 10.000.00
Si 09.962.OO
$109,824.00
$1 09,824.00
$109,793.W
$109.767.00
$109,747.00 $~os,no.oo
$1 09,663.QO
$109,500.00
$109,485.00
$109,470.00
$109,450.00
$1 09,272.00
$109200.00
$109.1 59.00
$109,109.00
$109.035.00
$108.$76.00
$108,804.60
$1 08.5 12-00
$108.560.00
$1 08.41 4.00
$108,365.00
$108,345.00
$108,275.00
$108,149.00
cny of Oah, rt
County of King Goorge, VA
City of New Hope, MN
Ci of Draper, UT
Village of Hikido, IL
Ci of Bnnson, MO
Township of Old Bridge. NJ
County of Doughs, KS
Ci of Dania Beach, FL
City Of H8ifwxi ci, FL
Town of Blacksburg. VA
City of Joplin, MO
City of St. Joseph. MO
Town of Windsor, CT
Town of Dvxbury, MA
Town of Barnstable, MA
City of Victoria. TX
City of Summit, NJ
City of Bristd, TN
Town of Wmdsor, CO
City of Habm City, TX
City of Sachse. TX
City of hone, NH
Ci of Huntsville, T%
County of Kltsap, WA
Township of Monlgomery, NJ
Township of Cranberry. PA
Town of Reading, MA
Cdumbus-Muscsglts Consolidated G~emm~nt, GA
City of Edinburg. TX
City of Port Arthur, TX
Ci of Atlantic Beach, FL
County of Cape May. NJ
County of Isle of \Night VA
City of Texarkana. TX
Township of West Whiteland, PA
City of Denim, TX
City of Mesquite, NV
City of Anderson. CA
County of Lywl, NV
Township of Upper Dublin. PA
Village of Orland Perk. IL
County of Garrett, MD
County of Rock. Wt
Town of Derry, NW
City of SbtcsviUe. NC
County of St. Louis. MN
City of Gig Harbor, WA
City of Snohomish. WA
County of Glwaester, VA
$108,000.00
$107,987.00
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$107,737.00
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$107,700.00
$107,640.00
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$107,597.00
$107,500.00
$107,164.00
$107,151.00
$lO?.lSO.OO
$107.oO0.00
~107,OO0.00
$107.000.00
$1 07,000.00
$107.000.00
$1 07,000.00
$107,000.00
$106,855.00
$1 06,787.20
$106,605.00
$106,605.00
$106,600.00
$1 06,371 .DO
$106,363.00
$106,338.00
$106, f6!i.00
$1 06,103.00
$1 06.01 4.00
$1 05,937.00
$105.497.00
$1 05,060.80
$105,000.00
$~05,000-00
$105,000.00
$105,000.00
$105,000.00
$105,000.00
$105,000.00
$1 04,898.00
$1 04,808.00
$1 04,796.00
$104,700.00
$104,623.00
$ioe,ooo.w
$7 07, ma. 00
$106,97a.00
$1 o6,oao.oo
Baton RougeZast Baton Rouge Parish, LA
City of Boemo. TX
County of Mobile. AL
Clty of Yukon, OK
City of Newberg, OR
Town of Pantego, TX
City of St. cbi Shores, MI
Township of Had& NJ
City of Sedona, AZ
Village af Riverside, IL
Ciiy of L3wbn, OK
City of Suiiun City. CA
City of Shoreview, MN
County of Midland, MI
City of Miami springs. FL
County of Cbrmont, OH
Cby of Alcoa, TN
Township of SpringficM, OH
County of Columbia, GA
Cily of Middletown, OH
City of St. Cloud, MN
City of Bartaw, fi
County of Mariposa, CA
City of G3tlinburg, TN
City of Maplowood. MO
County of Ontario, NY
Ci of Harkvllle. SC
County of Prince George, VA
City of Adrbn, MI
County of Spalding, GA
City of Covinglen. WA
City of Duluth. MN
Town of Gamer, NC
Town of Nags Head, NC
City of Bowling Gwen, OH
City ol Nederbd. TX
City of Roseville, MI
Village of Park Forest, IL
City of Wauwatosa, WI
Ctty of Des Peres, MO
City of Black Hawk, GO
County of Montgomery, AL
Village of South Elgin, IL
City ofsOnora, CA
Town of PrDvincetown. MA
Bornugh of Spring Lake, NJ
Village of Palm Springs, FL
city or WOO~UW, MN
county of Pvtrrarn, n
city of Qwrlakc, CA
$1 O4.532.OO
$104,51200
$1 04.500-00
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$1M,000.00
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$1 03.626.00
$1 03.522.00
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$103,453.00
3 103,209.00
$1 03,123.00
$103,020.00
$lOS.OOl.SO
$103,000.00
$102.980.80
$102.974.0O
$102.959.00
$102,aOl. 72
$lOZ,f 1 7.00
$102,707.00
$102,705.00
$102.579.00
$1 02,532.00
$102,500.00
$102,461.00
$1 02,46O.00
$102.379.00
$102.347.00
s102,342.00
5102,124.76
$1 02,076.OO
$102,000-00
$1 01,972.00
$1 01,967.00
$101,816.00
$101,753.00
$101,562.00
$1 0 7,565.00
5101,504.00
$ia3,802.00
Township or East Goshen, PA
City and Borough of Sitka, AK
City of New Brighton, MN
City of Eustis, FL
Vnbge of Piainfmld, IL
City of Sun Prairio, WI
County d Kent, DE
City of Colonial Wdghts. VA
County of Eau Chire. W1
City of Concord, NH
City of Hagerstown, MD
City of Kingmen, AZ
County of Creek, OK
Borough of West PaQrson. NJ
County of Washington, MD
County of Rovtt, CO
County of Cotleton, SC
City of Bedlord, VA
City of Oldsmsr, FL
Town of Farragut, TN
Borwgh of Charnbersburg, PA
City of Winslow, AZ
Town of Bruntwick, ME
City of Coati, CA
Cwn4 of Sulliv&, NY
City of Webster, I%
City of Mwntlake Terrace. WA
County of Eaton. MI
City of Daytono Boacn Shores. Fl
City of Rchland Hills, TX
City of Dodge Clly. KS
Vinage of Valley Swam, NY
County of Ozaukee, WI
Town of Mc Candless, PA
City of Rochester, NH
City ef Anderson, SC
City of Radford, VA
County of Culpeper, VA
City of Prospect Heights, IL
City of 5eavorcmk. OH
City of Fairbom. OH
City of Robbhsdale. M N
Town of Trophy Club, TX
City of Martinsville, VA
Town of Odeeans, MA
Town of SmithRold. RI
Vflhge 61 FraMott, IL
City of Billings, MT
Township of Whitemarsh. PA
Village of KOnilwOrth. I1
$101,461.00
$101,358.00
$101,352.00
$101,340.00
$107,227.00
$101,213.00
$1 01,034 ,oo
$1 o1,ooa.oo
$101,ooo.00
$101,000,00
$100,993.00
$1 00,912.00
s100,800.00
$100,648.00
$100,633.00
$l00,4’l6.00
$100,354.00
$100,345.00
$1 06,327.76
$IOO,266.00
$100.256.00
$100,235.00
$100,223.00
$100,196.00
$100,170.00
$100,161.00
$100,129.00
$100.1t0.00
3100.075-00
$~00,006.00
$100,002.00
5100,000.00
9100,ooa.00
$100,000.00
$100,000.00
$100,000.00
$loo,ooo.oo
$100,000.00
$.r00,o0O.00
$100,000.00
$100,000.00
$100.000.00
$ 99,999.00
$ 99,932.56
$ 99,880.00
$ 99.851.00
$99.758.00
S 99,750.00
$ 99.742.45
$ 99,444.00
CITY OF PALM BEACH GARDENS
MEMORANDUM
- TO: Mayor and Council DATE: April 26, 2005
APPROVED: Ron Ferris, City Manag
FROM:
SUBJECT: Town Hall Meeting Issues
Sheryl Stewart, Assistant to the City Manager
On April 21, 2005, staff submitted to City Council for review a comprehensive
report with information regarding the issues and questions raised during the
Town Hall Meeting on March 31". As requested by Council Member Valeche
during the Council meeting on April 2lS', staff has reviewed the report in order to
identify and prepare a summary of those issues which would need to be
discussed further by Council, and if necessary to provide staff with direction as to
how to proceed. The following list summarizes those items, for which the detail
and background information can be found in the full report:
1. Reestablish Town Hall Meetinqs: Council discussed scheduling the next
meeting during June. Due to Summer Youth Camp that will be taking
place in the Burns Road Community Center, the next meeting will need to
be held in the Council Chambers. The following are some dates that are
currently available and do not conflict with other meetings scheduled in the
Chambers: June 22, 23, 27, or 29. It is recommended that Council
discuss and select a date, and provide staff with direction as to what
Council wants to accomplish at the June meeting.
2. Revisit the process for board and committee member aDpointments: On
June 3, 2004, City Council approved Ordinance 17, 2004, amending the
City's Advisory Boards and Committees program. This included a revision
to the procedure for making appointments and filling vacancies based
upon qualifications. As an alternative for Council to consider, staff could
conduct the interviews of prospective members according to the
membership criteria and qualifications, make recommendations, prepare a
ranking list provide Council with copies of the submitted
applications for Council members to decide who they would like to
appoint. This information would be provided to Council in a staff report
with the Agenda packet for each member appointment.
3. Charter Review: The City Attorney provided draft recommendations
(attached) on steps that may be followed by Council to initiate the process
of Charter Review. This information needs to be discussed by Council,
with direction to staff as to how to proceed.
4. Televisinq Council Meetings: Based on an initial analysis, staff found it
would cost the City approximately $125,000 in materials and labor to
purchase the equipment and make the renovations to create a television
broadcasting studio in the Council Chambers. Estimated projections in
capital, personnel and operating costs over a five-year period totaled
approximately $476,000. Staff has contacted numerous municipalities
which have indicated that there is no current effective way to measure
viewer-ship. This needs to be discussed by Council, and direction
provided to staff if Council would like to proceed.
5. Providinq public transportation: Last year, staff began preparing an
application for the MPO’s Community Transit Grant program to initiate
community transit service within the City. First year operational and
capital costs were projected to be $400,000. The MPO’s program would
only fund up to $40,000 per year (10% of our projection), and the grant
criteria did not match the City’s needs. However, staff has recommended
that there is an opportunity to explore a pilot project with the MPO and
possibly other sources, to address the need for public transportation
identified by our employment centers as a public-private partnership for
economic development. A loop around the Regional Center and along
PGA Boulevard has also been discussed as an idea to explore. Since the
City is not currently in this business, the funding level for a project of this
nature would need to be significant to offset implementation and
operational costs. This needs to be discussed by Council, and direction
provided to staff as to how to proceed.
6. North Palm Beach County Chamber of Commerce position paper: The
Chamber of Commerce provided a position paper which presented two
policy matters for Council to discuss and provide direction as to how the
City should proceed:
I. That we (the City and the Chamber) support the concept that a
healthy business environment is an equal partner in the creation of
a vibrant community; and
2. That we (the City and the Chamber) work together in a
collaborative process to develop a wholistic and strategic approach
to address these issues. Some of the issues outlined in the
position paper include, for example, attainable workforce housing,
traffic congestion, integrated inter-modal mass transit, transit
oriented development for mixed uses, and an educational system
that produces a qualified workforce.
In addition to the above, there may be other items or issues which Council would
like to address and add to this list during the Council’s discussion on May 5,
2005. Should you have any questions or desire additional information, please
advise. Thank you.
CITY OF PALM BEACH GARDENS
CITY ATTORNEY’S OFFICE
TO: City Council
THROUGH: Ron Ferris, City Manager
FROM: Christine Tatum, City Attorney
DATE: April 15,2005
RE: Charter Issues
During the Town Hall Meeting on March 31, 2005 Council indicated an interest in
initiating a review of the City Charter in general, and the issue of elected Mayor and
districting in particular. This memorandum will serve to address the following issues:
Q Charter Amendments
*3 Charter Review Committee
1. Charter Amendments
Section 22-1 of the Charter of the City of Palm Beach Gardens provides:
Sec. 22-1. Charter review.
As often as the council may deem necessary, but in any event, not less
frequently than every five years, the terms and provisions of this Charter
shall be reviewed.
Section 166.031, Florida Statutes, specifically addresses the process for
amendment of municipal charters:
City Council
April 15,2005
Page 2 of 4
I
166.31 Charter amendments.-
(1) The governing body of a municipality may, by ordinance, or the
electors of a municipality may, by petition signed by 10 percent of the
registered electors as of the last preceding municipal general election,
submit to the electors of said municipality a proposed amendment to its
charter, which amendment may be to any part or to all of said charter except
that part describing the boundaries of such municipality. The governing
body of the municipality shall place the proposed amendment contained in
the ordinance or petition to a vote of the electors at the next general election
held within the municipality or at a special election called for such purpose.
(3) A municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary. This section shall be
supplemental to the provisions of all other laws relating to the amendment of
municipal charters and is not intended to diminish any substantive or
procedural power vested in any municipality by present law. A municipality
may, by ordinance and without referendum, redefine its boundaries to
include only those lands previously annexed and shall file said redefinition
with the Department of State pursuant to the provisions of subsection (2).
Florida law is extremely clear that the provisions of Section 166.031 are the
exclusive method for amending municipal charters. A municipality may amend its
charter as described in 166.031, even if the charter itself provides otherwise. The
Attorney General has consistently concluded that any municipal charter provision
adopted subsequent to the effective date of the Municipal Home Rule Powers Act
can only be amended in accordance with Section 166.031, Florida Statutes. The
legislative directive in Section 166.031, Florida Statutes, as to how a municipal
charter is to be amended is, in effect, a prohibition against its being done in any
other way.
2. Charter Review Committee
Neither state law nor the City Charter requires that the City Council utilize a
Charter Review Committee to process proposed Charter amendments. However,
historically in the City of Palm Beach Gardens, a Charter Review Committee has
been utilized for the review required by Section 22-1 of the Charter. In 2000, the
Council appointed a seven-member Charter review Committee which resulted in
the placement of six Charter amendments before the voters in March of 2003.
City Council
April 15, 2005
Page 3 of 4
Similarly in 1993, the Council created a seven-member Charter Review Committee
which resulted in the placement of five Charter amendments before the voters in
September of 1996.
If the Council wished to create such a committee, Section 2-83 of the Code of
Ordinances provides:
Sec. 2-83. Creation of Boards and Committees.
(a) Boards. The city council may, by ordinance, create a board in
connection with any functions of the city. The ordinance creating such
board shall specify the purpose, powers, and duties of the board, and shall
specify the number, qualifications, and terms of ofice of the members
thereof.
(b) Committees. The city council may, by resolution, create a committee
whose purpose is to advise the city council on an item of a special nature
and whose creation is for a stated period of time, at the end of which time
the committee will no longer exist. The resolution creating such committee
shall specify the purpose, powers, and duties of the committee, and shall
specify the number, qualifications, and terms of office of the members
thereof.
Based upon this language, the creation of a Charter Review Committee
would require the adoption of a resolution by the City Council. Opportunities
for appointment would be provided consistent with Section 2-85, Code of
Ordinances, which provides:
Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee
shall be announced by posting a notice of the same at a public place in city
hall, by publishing a copy thereof in a newspaper of general circulation in
the city, by posting an announcement on the city website, or by such other
method deemed appropriate by the city, not less than five (5) days prior to
the date at which the city council may interview candidates to fill any such
vacancies. The city clerk shall also furnish a notice of such expiration to
any member whose term is expiring and advise if the member is eligible for
reappointment.
City Council
April 15, 2005
Page 4 of 4
Conclusion
If the Council wishes to pursue amenwg the Charter, I would recommend the following
steps to initiate the process:
1. Council should identify the preferred date for the referendum vote. There is no
regular City election in 2006, but there is a state-wide General Election
scheduled for November 7, 2006. The next regular City election is scheduled
for March 13, 2007. The Council could also determine that a Special Election
would be called.
The Charter review process is generally a rather lengthy process - the March,
2003 amendment process began in April, 2000.
2. Council should determine the scope of the Charter Review, Le., particular
subjects or a general review of all subjects.
3. Council should identify a timetable which includes the following benchmarks:
> Creation a Charter Review Committee.
> Deadline for Charter Review Committee report.
> Public meeting to discuss the Charter Review Committee report and solicit
public input.
> Preparation of ordinance(s) for each proposed Charter Amendment. The
ordinance would contain the particular language to be changed in the
Charter and would also contain the ballot question which would be
submitted to the electors. The ordinance also would specify the date that
the issue would be submitted to the voters.
> Public Hearing to adopt Ordinance(s). Ordinance adoption requires two
readings of the ordinance, with a public hearing to be held at the second
reading .
Please feel free to call me with any questions you may have.
\\Pbgsfile\Attorney\attorney-share\MEMOS\charter amendments pbg.doc
ELECTED MAYOR CHARTER AMENDMENT
A. Issues which will need to be resolved
1. Date the ballot question would be submitted to the voters.
2. Effective date of the Charter Amendment (if the effective date is earlier than the
regular election of 2007 it will affect the term of an incumbent)
3. Length of term for Mayor
4. What year would the Mayor stand for election in the future? (The even-seat year,
the odd-seat year, or separately?)
5. What Seat will be eliminated? Or will the position of Mayor be in addition to the
five council seats?
6. If a Council Member whose seat does not expire at the time of the mayoral
election wishes to run for Mayor, should the Charter provide that an election be
held for the unexpired term of that Council Member? Or should the Council make
an appointment to fill the unexpired term?
7. What specific powers, if any, should be conferred upon the elected
Mayor? Currently the Charter provides:
Section 9-1. Powers and duties of the mayor.
The mayor shall preside as chairman at meetings of the city council, shall
be recognized as head of city government for all ceremonial purposes, by
the governor for purposes of military law, for service of process, execution
of contracts, deeds and other documents, and as the city official
designated to represent the city in all other governmental meetings, but
shall have no administrative duties except as required to carry out the
responsibilities herein. The mayor shall have a voice and vote in the
proceedings of the city council.
The vice-mayor shall assume the duties of the mayor during the absence
or disability of the mayor.
In the absence or disability of both the mayor and vice-mayor, the city
council may appoint a chairman pro tem to fulfill the duties and functions
of said office.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: April 25,2005
APPROVED: Ron Ferris, City Manager
FROM:
SUBJECT: Gardens United Information
Sheryl Stewart, Assistant to the City Manager
As requested by Mayor Russo during the City Council meeting on April 21, 2005, the
purpose of this memorandum is to provide you with a brief overview regarding the status
of Gardens United.
Website issue:
Staff was notified in November 2004 that Gardens United wanted to have a link on the
City’s website. Upon research of this request, the Information Technology Administrator
advised me that we have had a policy in place since 2003, and posted on our website
(copy attached), which states that the City only provides links to public schools, City
sponsored events, organizations that offer government provided services, or businesses
that have a current occupational license from the City. We have been implementing this
policy consistently for organizations that have made similar requests, such as the Lions
Club. At the time, however, we did-provide Gardens United with an alternative location
for a link, to a page on www.aoDbi.com, where non-profit groups can build and maintain
a page on the website for free. As a result, Gardens United, like other volunteer
organizations, would have to create and maintain its own webpage. It is staffs opinion,
however, that the few individuals who are currently participating in Gardens United
meetings would really like us to prepare and maintain a page for them on the City’s
website.
Meetinm and activities:
The subject of Gardens United was included in the Report to City Council on the
Council-Manager Form of Government (copy of section attached). Staffs
recommendation regarding Gardens United was approved by Council during the Council
meeting on April 1, 2004. When Gardens United was discussed on April 1, 2004,
Council members agreed with the recommendation that we could continue our
connection with the group as an outreach and resource to respond to different events and
emergencies. Considering the change in direction the group was taking (i.e., exchange of
religious sermons, desire to form a 501 (c) (3) corporation), they would need to operate
independently with minimal formal city involvement, and not as a city committee.
As stated in the report, recognizing the city’s resource limitations, it was always
envisioned that Gardens United would function as a community-driven organization, led
by local places of worship and not by the City. Our role was intended to be limited to
getting the group organized with its own steering committee that would direct its projects
and meetings. The purpose was for this group of volunteers to perform humanitarian
deeds at its own direction based on its own criteria, rather than City government. It
would appear, however, based on staffs observations that many of the members and
clergy that used to attend and participate on the steering committee no longer do so, and
that the organization as a whole is losing members. Attached is a summary from the
most recent meeting of April 20,2005.
Should you have any questions or need additional information, please advise. Thank you.
Attachments
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council Members DATE: December 7,2004
THROUGH: Ronald M. Ferris, City
FROM: Sheryl L. Stewart, Assistant
SUBJECT: Website link for Gardens United
At the Council Meeting on November 18, 2004, Ms. Lauren Furtado requested
information concerning the above subject. This is to inform you that Dolores Key,
Economic Development and Marketing Administrator, spoke with Mrs. Furtado on
November 30, 2004, and followed up with her by email to provide a link to a page on
www.goDbi.com, where non-profit groups can build a website for free. This is a service
that is offered by a division of the Palm Beach Post, which helps to promote groups like
Gardens United. There is also the capability through this link for groups to post meetings
and events on a calendar.
cc: Patty Snider, City Clerk
Dolores Key, Economic Development and Marketing Administrator
* Page I of 1 '4
Sheryl Stewart
From: Dolores Key
Sent:
To: 'Lauri 90@attglobal.net'
Cc:
SubJect: Gardens United
Tuesday, November 30,2004 1% PM
Ron Ferris; Sheryl Stewart; Patty Snider
Dear Ma. Furtado,
It was a pleasure speaking with you a few moments ago and, again, I apologize for the delay in addressing your
concerns.
As discussed, please find below a link to a page on JMMN.~~ i.com where non-profit groups are able to build a
web slte for free. It is a service that is offered by gopbi (a division of the Palm Beach Post) which helps to
promote groups such as Gardens United. They also have a calendar where you can post meetings and events.
htto:llwww.aoDb i.com/search/content/arouDslinterestdindex. html
Best regards,
Dolores A. Key Economic Development (1, MarkeUng Admlnlstrator Cny of Palm Beach Gardens
10500 North Mllltrry Trail Palm 8.ach Gardens, FL 33410
(581) 799-4136 Cell (581) 248-4047 fs!a!@
12/6/2004
Detailed Report
when its members decided that they would not meet again until a particular
neighborhood issue of importance arose.
While quarterly information meetings have continued, staff has observed a
steady decline in resident attendance and participation, indicating that a newer
more proactive strategy of communicating with residents may be needed. As
shown on the attached cost analysis, staff recently calculated a return on
investment and found that these meetings have become less cost effective in
terms of time, labor and materials than other methods of communication. Based
on this information and feedback, staff has refined and refocused the community
meetings to be more issue driven, for example, concerning specific projects
ranging from canals to parks to annexation. The city’s marketing/economic
development team is implementing a Speaker’s Bureau to further educate local
organizations and homeowner’s associations about the city. Staff has visited
numerous homeowners’ associations, as well as the Palm Beach Gardens
Kiwanis, PGA Corridor Association, the Business Development Board and the
North Palm Beach County Improvement District to discuss topics such as
economic development, zoning, growth issues in the Gardens, and The Scripps
Research Institute. There have been as many as 75 individuals in attendance.
The feedback received by staff indicated that the Speaker’s Bureau sessions
were very informative to those attending. Therefore, staff would suggest that the
Gardens Neighborhood Association/Neighborhood Program Meetings have
served their purpose, and a more productive means of communications and
public relations efforts are needed at this time to reflect the continued growth and
development of the city.
Another group is Gardens United. Although it was never established by council
by resolution, Gardens United was organized in response to the events of
September 1 1 th for the specific purpose of bringing local religious entities
together to provide emergency assistance to those in need after a disaster, in
particular counseling services, and to provide other assistance from their
community outreach programs to the needy. Recognizing the city’s resource
limitations, it was envisioned that Gardens United would function as a
community-driven organization led by local places of worship and not by the city.
Staffs role was intended to be limited to getting the group organized with a
steering committee that would direct its projects and meetings. As the group
evolved, it decided to start focusing on matters beyond its originally intended
purpose of providing disaster-related assistance. The group has also expressed
the desire to run its efforts like a “business,” possibly form a not-for-profit
corporation, conduct regular meetings, include as members those that are not
affiliated with a local religious entity, create a website, exchange religious
sermons, and have the mayor serve as liaison.
As a result, staff has increasingly become concerned about the direction the
group has taken, the activities being proposed and staffs time and involvement
with the group considering the change in direction. Furthermore, there is
concern regarding how this group of religious entities with their outreach
programs interacts with the city government as it relates to the “separation of
20
Detailed Report
church and state.” As stated above, this group was not formally organized. It
was intended to function as a group of volunteers performing humanitarian deeds
at its own direction rather than staffs, based on its own criteria rather than the
city’s. Therefore, staff suggests setting a timetable for the group to operate
independently and not as a city committee. The city’s formal involvement needs
to be minimized.
There are two other special project boards that have been functioning without
any formal authority given by council by resolution or ordinance. The Budget
Oversight Committee and Economic Development Oversight Committee were
organized respectively to provide citizen input with the budget process and to
advise the city regarding business recruitment and expansion efforts. Staff
suggests that if council wishes to maintain these groups, then like other standing
city advisory boards they should be established by ordinance within the code,
with approved members and a defined scope of duties. Establishing these
groups formally with the approval of the entire council will help to ensure that
they adhere to Florida Sunshine Laws and council policies, as well as provide
them with the proper authority to make recommendations to council. Considering
recent events and projects such as Scripps, staff believes that having formal
input from citizens and businesses concerning the city’s financial and economic
growth and development could become increasingly valuable.
C. Recommendations regarding the city’s advisory boards and committees
Staff looked at the following elements to discuss how the city’s board process in
general could become more effective, and to make suggestions regarding certain
boards:
1 ) Member appointments and qualifications
2) Organization and operation
3) Performance
Member appointments and qualifications: To ensure continuous quality
participation by residents in the city’s activities and issues, it is important to make
sure that there is an adequate pool of qualified and motivated volunteers to serve
on city advisory boards. Membership qualifications should be clearly defined and
followed for each board within the code. Some boards specify the need for
members with certain knowledge, experience, training, occupation, or geographic
representation. Some cities have prepared a job description or profile which
clearly states the council’s expectations regarding the board’s purpose,
membership qualifications desired and meeting attendance. Presently, there is
minimal formal recruitment for members. As a result, it can be difficult to
maintain productive and diverse representation on some boards. Also, some
boards demand a great deal of time and energy on the part of its members, and
as a result, many resign or do not wish to be reappointed. Therefore, it is
recommended that staff proactively advertises vacancies on boards (Le. via
21
Shervl Stewart
From:
Sent:
To:
cc:
Subject:
Jennifer Holdt
Tuesday, April 26,2005 12:19 PM
Sheryl Stewart
Charlotte Presensky
RE: City Council Meeting May 5 -Will there be a Gardens United Presentation @ 7PM?
Gardens United summary:
March 16 meeting: canceled.
April 20 meeting:
Attendance: 4 Gardens United members (Dr. Schneiderman, Mr. Kastarlak, Mr. Murteza Kakli and
Ms. Kim Licata, Palm Beach Community Church) Mayor Joe Russo, Jennifer Holdt
Items of discussion:
-Dr. Schneiderman reported that Reverends Lutia and Kasparak advise that all plans for a Sept. 11
memorial should be postponed to 2006 in honor of 5th anniversary
- Mayor Russo suggested putting an item on the May 5 agenda for Council to discuss Gardens
United (should the Council support the organization or suggest the organization disbands?)
-Dr. Schneiderman stated that the organization is losing members (i.e. Tom Mullins from Christ
Fellowship and Reverend Lutia from Nativity Lutheran are stepping down). He believes a major
problem is a lack of funds to promote activities; he emphasized that a link on the city's website would
help to mitigate this issue.
-Mr. Kastarlak reported that some members of Gardens United are committed to changing focus from
a religious group to a cultural group. Dr. Schneiderman preferred rephrasing the focus to "a cultural
group with prayer". He also stated that the City and Gardens United partnered to host a 2004 Sept.
11 memorial event; it was canceled due to the hurricanes. He believes the November Veteran's Day
event followed the same agenda as the Sept. 11 event "without the prayer''
-Mayor Russo stated the group was not originally set up as a "cultural group". He thought the
purpose was twofold: to have a group ready to go into action in case of disaster (similar to Sept 11,
2001) and to provide a resource for residents in need (home repairs, painting, etc.)
Please let me know if you need additional information.
Jennifer Holdt
Recreation Supervisor
City of Palm Beach Gardens
jholdt@pbgfl.com
561 -630-1 108
Recreation ... Make it part of your life!
-----Original Message-----
From: Charlotte Presensky
1
. r p4/29/2885 15:21 8564883389 COMM PLANNING PAGE 81/86
i
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Steven M. Seibert, Secretary
Division of Community Planning
Division Director’s Office: (850) 488-2356, Suncom: 278-2356
Bureau of State Planning: (850) 488-4925, Suncom; 278-4925
13ureau of Local Planning: (850) 487-4545, Suncom: 277-4545
Fax: (850) 488-3309, Suncom: 278-3309
Website: http:l/ www .dca.state. fl.us/fdcp/DCP/
FACSIMILE
swp7w- 4* P - __ Facsimile Telephone Nurnbcr:
Office Telephone Number:
Cover Sheet: 1 + 5 = b
Comments or Special Instructions:
-
COMM PLANNING PAGE 02/06 - ' , 84/29/2085 15:21 8504883309
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
'Dedicated to making Florida a 'better place to call home"
IEU QUSH
Cwcrnur
April 29,2005
The Honorable Joscph Russa
Mayor, City of Palm Beach Gardens
I, 0500 North Military Trail
Palm Bench Gardens, Florida 33410-4698
Dear Mayor Russo:
TIIADDEUS 1. COHEN, AM
SLwClnFy
The Department of Community Afkirs Itas completed its review of the proposed Comprehcnsive Plan
Arnendmcnt for the City of Palm Beach Gardens (DCA No. 05-l), wh.ich was received on February 25,
2005. Copies of thc proposed amendment have been distributed to appropriate state, regional and local
agencies for rheir review, and their comments are enclosed.
The Department has reviewcd the comprehensive plan amendment for consistency with Rule 9J-
5, Florida Administrative Code (F.A.C) and Chapter 163, Part IS Florida Statutes (F.S.) and has prepared
the' attached Objections,' Recommendations, nnd Comments (ORC) Report which outlines our findings
concerniirg the comprehensive plan amendment. We are concerned that the City'take into consideration
the full impact of the Mixed Use designation for the Briger Tract upon adjacent roadway facilities, the
Turnpike and lnterstate 95. WE greatly apprcciatc the effort of the City to provide a supplemental
transportation analysis; however, the Florida Department of Transportation has identified technical
concerns that need to be addressed. It is particularly important that the City address the objections set
forth in our ficview report so that the issucs raised in the report can be successfully resolved prior to
adoption.
If you have any questions, phase call Roger A. Wilburn, Principal Planner, or Caroline Knight,
, Planner, at (850) 922-1 773.
-___ ____ - -
Sincerely yours,
Char% Gauthier, AICP \
Chief of Comprehensive Planning
CG/cks
Enclosures; Objections, Recommendations and Comments Report a
Review Agency Comments
e ' , 84/29/2005 15:21 8504883309
-?
COMM PLANNING PAGE 03/06
DEPARTMENT OF COMMuM[m AFFAIRS
OBJECTIONS, RECOMMEIWATIONS AND COMMENTS REPORT
FOR
THE CITY OF PALM BEACH GARDENS
AMENDMENT 05-1
..
April 29,2005 ' .. ,Division of Community Planning
Ofice of Comprehensive Planning
This report is prepared pursuant to Rule 9J-11.010, P.A.C.
- ' ,84/29/2005 15:21 8504883309
t
COMM PLANNING PAGE
INTRODUCTION
The fcillowing objections, recornmendations and comments are based upon the Department's
review of the City of Palm Beach Gardens proposed Comprehensive'Plan Amendment (DCA 05-1)
pursuant to Section 163.3 184, F.S.
Objections relate to specific requirements of relevant portions of Chapter 9J-5, F.A.C., and
Chapter 163, Part 11, F.S. Each objection includes a recommcndation of one approach that might be taken
to address the cited objection. Other approaches may be more suitable in specific situations. Some of
these objections may have been raised initially by one of the other external review agencies. If there is a
difference between the Department's objection and the external agency advisory objection or comment,
tlie Department's objection would take precedence.
The City of Palm Beach Gardens should address each of these objections when the amendment is
resubmitted for our compliance review. Objections which are not addressed may result in a determination
that the amendment is not in compliance. The Department may have raised an objection regarding
missing data and analysis, items which the City of Palm Reach Gardens considers not to be applicable to
it5 amendmcnt. If that is the case, c? statement justifying its non-applicability pursuant to Rule
95-5.002(2), F.A.C., must be submitted. The Department will make a determination as to tlie
non-applicnbiiity of the requirement. and if the justification is sufficient, the objection will be considered
addressed.
The comments which follow the objections and recommendations are advisory in nature.
Comments will not form a basis for determination of non-compliance. They are included to call attention
to items raised by our reviewers. The comments can be substantive, concerning planning principles,
methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and
reader comprehension.
Appended to thc back of the Department's report are the comment letters from the other state
rcvicw agencies, other agencies, organizations and individuals. These comments are advisory to the
Departrncnt and may not form a basis for Departmental objections tinless they appear under the
~- ._ -
04/06
OBJECTIONS, RJKOMM3NDATIONS AND COMMENTS REPORT
PROPOSED COMIPRIEHEPU'SIW PLAN AMENDMENT
CITY OF PALM BEACH GARDENS @CA NO. 05-1)
I. CONSISTENCY WTH CHAPTER 163, F.S., AND RULEe9J-5, F.A.C.
The Department has completed its rcview of the proposed amendment to the City of Palm Beach
Gardens Comprehensive Plan (DCA No. 05-1). The amendment package contains three text
amendments and one map am,cndment.
1. Bxiger Tract. The proposed Future Land Use Map (FLUM) designation for this 708-acxc
parcel is Mixed-Use (limited to 8 million square feet of Industrial: Rcstarch and Development,
including a 300-bed rescaxch clinic; 1,000 multi-family workforce dwelling units; and 50,000
square feet of Commcrcial).
OBJECTION
Traffic Analysis. The amendment is internally inconsistent and lacks adequate data and analysis
dernonstmting the availabi1,ity of adequate roadway facilities and the maintenance of adopted
levels of service for the maximum Mixed-Use developrncnt potential of the amendment sites. The
supporting material for the hture land use map amendment does not address infrastructure
impacts to Interstate-95 and Florida's Turnpike, which are dedpated Strategic Intermodal
System (SIS) facilities. The analysis does not demonstrate, through relevant and appropriate data,
that sufficient infrastructure exists in the short- and long-term planning horizons to maixitai,n. level
of service on SIS facilities and the surrounding regional roadway network. Furthmoxc, the
amendment does not address coordination with other transportation plans such as the MPO's
Long Range Transportation Plan (LRTP) and the Florida Department of Transportation's
Adopted Work Program, as required by Transportation Element Policy 2.1.5.1.
The Briger Tract is adjacent to Florida's Turnpike, a SIS facility, and lies to the east and west of
1-95> also a $IS facility. The Morida Department of Transportation uses a genmlizc peak hour
directional level of service standard for SIS facilities, and this levcl of service standard also is
roadways incorporate a peak hour level of service into their transportation level of sdce
standards. For example, employees at the site may use the Florida's Turnpike to go to work,
exiting at State Road 786PGA Boulevard to travel north to the Briger'Tract. East of Flori.da"s 1 ,
'Turnpike, State Road 786/PGA Boulevard is designafed a Constraind Roadway at a Lower Level ,.
of Senrice: (CRALLS) facility, and the CWLS level of service includes a peak hour level of
service limit- A portion of Prosperity Farms Road also is designated a CRALLS facility with a
peak hour level of service limit.
ansportation Policy 2.1. I. 1, Similarly, some of the surrounding regional C' 9
-~ .-
.
Without a peak hour and peak direction assessment of transportation impacts it is not known what
impacts, if any, will occur on these SIS faciliti,es and the surrounding regional roadway network.
The City should evaluate the associated short-term (five-year) and long-term (2030 timefiame,
consistent with the WO's LRTP) infrastructure impacts to ensure level of sewice can be
maintained. These short- and long-range analyses should incorporate background traffic and
approvals of developments of regional impact in the surrounding region. Without short- and long-
‘ . ‘04/29/2005 15: 21 8504883309
f
COMM PLANNING PAGE 06/06
range analyses based on peak hour and peak direction impacts, it is not possible for the City to
ensure that adequate levels of service will be maintained on the SIS.
The level of scrvice analysis should coordinate and incorporate improvements identified in other
short- and long-range transportation plans, such as the Florida Department of Transportation’s
Adopted Work Program and the MPO’s 2030 LRTP. For example, the Adopted Work ProgrRrn
identifies the constmction of a pedestrian overpass over 1-95 on Donald Ross Road. Thc 2030
LRTP shows lane additions on Donald Ross Road, Central Boulevard, Florida’s Turnpike, and 1-
95, as well as a new 1-95 interchange at Central Boulevard. The LRTP shows infill of sidewalks
on Donald Ross Road and thc addition of bicycle lancs for Central Boulevard and Donald Ross
Road. The transit component of the LRTP identifies east-west transit servicc on Donald Ross
Road, north-south transit improvements on 1-95, and a proposcd Tri-Rail expansion With a station
at Donald Ross Road. These proposed improvements directly affect mobility in the area,
spccifically the level of service on local, regional, and SIS facilities, and should be included in
short- and long-range transportation evaluations of the amendment. Without incorporating thesc
planned improvcments into the analysis, the City limits its ability to react, plan, and coordinate
with the MPO and the Department to address future transportation demands and financing of
needed infrastructure.
CITATIONS
Florida Statutes: Sections 163.3177(2) and (10)(h), and 163.3187(2)
Florida Administrative Code: Rulcs 9J-5.005(2)(a) and (c), 95-5.005(4), 9J-5.005(5)(a) and (6),
9J-5.0055(1)@), 95-5.019(1), and 9J-5.019(3)(a) and (f) - (i)
Palm Beach Gardens Comprehensive Plan Transportation Element Policies 2.1.1.1,Z. 1.1.2,
2.1.1.3,ztnd2.1.5.1
RECOMMEND AT [ON
The City should revise its amendment with adequate data and analysis to demonstrate that
sufficient infbstructure wiIl be avaiIable in Ihe short- and long-range planning horizons to
maintain level of smce on SIS facilities and the surrounding rcgional roadway network.
Furthermore, the City should ensure coordination with improvements specified in other short- and
-_
II. CONSISTENCY WITH ‘]THE STATE COMIPREEIENSIVIE PLAN
The City of Palm Beach Gardens’ proposed comprehensive plan amendment does not adequately
address and further the following goals and pblicics ofthe State Comprehensivc Plan (Chapter
187, Florida Statutcs):
(16) Land Use Goal and Policies 1 and 5
(20) Transportation Goal and Policies 3,9,13, and IS
(21) Governmental Goal and Policy 1
No.021 P
04/28
1
TO:
FROM:
RE:
DATE:
FAX I:
PAGES:
urban
AM1 27,2005
Honorable Mayor Joscph Rum
and City Council members
City of Palrn Boach Gdldcns
10500 Nonh Military ‘Trail
Palm Beach Garderw, Florida 33410
RE: MAY E” CITY COVNCIt MEETING -
CONSIDRRATION OF ORDINANCE 6,2005
REQWST TO ADD SFLF4TORAGE AS A CONDITIONAL USE IN COMMERCIAL DlSTRICTS
Dcar Mayor Rum and Ciwnalmembcrs:
Pfcasc accept this miltest, an Wf of E & 1 Properties, LLC, to request an additton to the City-
initialed text amcnthnent (Ordinance 6,2005), which rcvtses the Conditional Use process within
the City’s land Oevclopmmt Regulations. Wc request that Ordinance 6,2005 b amended at
the May 5, ZOOS City Council Public Hearing to allow self-storage buildings as 8 Major
Conditional Usc within commercial zoning designations.
The ~clf-smrage we has evolved during thc past dacade fmm a wmhousa-type of usc lo an
and will continue to be designed to mimic their envitonmcnis with architectural dosrgn
connidaation end screening tachniquw. Self-storage buildinga art! now air conditianod and used
on a community-wide basis. \t is a quict, low-intensity use thnt provides storage sewices to
rcsidmts and the business community.
extcnsion of oftia. rCt81!, home and gOVemmCntd earvices. %lf-BtOl3gC buildings have beCn
Thc Town of Jupiter allows tbr Wlf-StOrSgt within its commacia) district as a special exception.
We arc requesting a similar rcquircment within the City of Palm Beuch Gardens. Allowing self
storage facilities within oommetcial districts as a mqjw conditional use, will provide the
opportunity fw self stomge to be acmsed throughout the City. E & 3 Pnopcrties is proping I
fully air-co~tioncd, completely enclosed sc)f storage faEihty, designed as a Class A office
building. Thae will be no outdoor storqc nor intcmal yard. This propod type of self storagc
is a compatible use within a ccrmmcrdal dcvtlopmuat.
In addition, self-storage mates far less impact on Maccnt pmpertics than other Commercial
WS. ^the traffic geneiathn rate for retail wcs (89.95 b’ipd10Ofl s.f.) as more than 40 time6 the
trip rate for self-storage facilities (2.25 bipdlO00 s.f.). Thc parking requirement far rutail is 1
spaw jw 200 quare feet, which the City’s parking ratio for self-storage facilities IS 1 space per
75 StOt4l8C qmces. Each storage space is limited to a maximum of 400
square fat pes City cude.
As a Major Conditional Use, 8 self storage building will have to meet
the nine ConJitiod Uw criteria in cwder to be Eonsided fix apptoval ,77 s. R#.NIy
&rl(. as - ~h.
W.rt POlm8wch. FL -7 W.lW.1100 S61.J6&1111 tu
WWW.UDSCSdlrU.CO#ll
LcCfS
a c~y pkcr,
during public hearings before the Planning, Zoning and Appeals Board and City Council. In
addition, the City hm r~ulatlans spccific to self storage fiacilities which will continued to be
followod. Theso mgulations include rmtriaions on the size of storage spaces, careuker quarters
and the location and screening of outdoor storage.
As a pan of the Sire Plan Rcview procws, self storage facilities would be reviewed far the
quality of rhc architecture and design compatibility with the surrounding community, thus,
aflurdiny the ability tu conW how them facilities look and operate.
Thank you far your time and consideration of this request. We look tirrward to discussiry this
matter with you during the May 5,2005 City Council mmting.
Sinmi y,
4 Mmy R.A. Minor, AICP
Plunm
c; Chartas Wu, Growth Management Director
Tdal Benothan, Planning and Zoning Director
Brad Wiseman. Senior Planner
Jon Channing E & J Properrics, LLC
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DRAFT - FOR DISCUSSION PURPOSES ONLY
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO LOBBYIST
REGISTRATION AND DISCLOSURE; CREATING A NEW ARTICLE
VI, CHAPTER 2, CODE OF ORDINANCES TO BE ENTITLED
“LOBBYIST REGISTRATION”; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is essential to the operation of open government that the citizens
be afforded the fullest opportunity to express their opinion to their elected officials; and
WHEREAS, certain persons are retained and paid by others to encourage the
passage of defeat of certain decisions of the city council; and
WHEREAS, the City Council recognizes that such lobbying is a legitimate form of
free speech and a part of the legislative process; and
WHEREAS, the elected officials and the citizens have a legitimate need to know
certain information about the activities of those who seek to influence the decisions of
the elected officials; and
WHEREAS, these regulations seek to impose the least burden which is
reasonably necessary to satisfy the public need for information.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. A new Article VI of Chapter 2, Code of Ordinances, to be entitled
“Lobbyist Registration” is hereby created to read:
Article VI Lobbyist Registration
Sec. 2-400. Purpose.
The City Council hereby determines it is necessary that the identity and activities of
certain persons who engage in efforts to influence city council members, advisory board
members, and employees on matters within their official duties, be publicly and regularly
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disclosed, in order to preserve and maintain the integrity of the governmental decision-
making process.
Sec. 2401. Definitions.
As used in this article:
Advisory board mean any advisory board or committee created by the city council.
Compensation means money or anything of value or financial benefit received in return
for the performance of lobbying activities.
Contingency fee means a fee, bonus, commission, or nonmonetary benefit as
compensation which is dependent or in any way contingent on the enactment, defeat,
modification, or other outcome of any ordinance, resolution or action of the city council
or any resolution, action, recommendation or decision of any city board or of the city
manager or city staff.
Council member will mean any member of the City Council of the City of Palm Beach
Gardens, Florida.
Employee will mean all personnel employed by the City of Palm Beach Gardens.
Expenditure means a payment, distribution, loan, advance, reimbursement, deposit, or
anything of value made by a lobbyist or principal for the purpose of lobbying.
Lobbying shall mean seeking to influence the decision of any council member, any
advisory board member, or any employee with respect to the passage, defeat or
modification of any item which may foreseeably be presented for consideration to an
advisory board or the city council as applicable.
Lobbyist means all paid persons, firms, corporations employed or retained by a principal
who seeks to encourage the passage, defeat, or modification of any ordinance,
resolution, action or decision of the city council; or any resolution, action, decision or
recommendation of any city board or committee; or any action, decision, or
recommendation of the city manager during the time period of the entire decision-
making process on such action, decision or recommendation which foreseeably will be
reviewed by the city council, or a city board or committee.
Person shall mean individuals, firms, associations, joint ventures, partnerships, estates,
trusts, business trusts, syndicates, fiduciaries, corporations (profit or not-for-profit),
professional corporations, or associations, and all other groups or combinations
however constituted.
Principal means the person, firm, corporation, or other entity, whether for profit or
nonprofit, which has retained a lobbyist.
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Sec. 2-402. Registration; disclosure requirements; log of registered lobbyists.
(a) Registration required. All lobbyists shall register with the city clerk before engaging
in lobbying. Every lobbyist shall submit a form prepared by city and shall state his or her
name, address, the name and address of each principal represented, the general and
specific areas lobbying, and the nature and extent of any direct business association or
partnership with any current city council member, advisory board member, or employee.
A lobbyist's registration shall automatically expire on December 31'' of the year of
registration. If at any time during the year, a lobbyist commences representing a
principal for which the lobbyist has not registered pursuant to this article, such lobbyist
shall register with respect to that principal prior to lobbying. Lobbying prior to
registration is prohibited.
(b) Every person required to register as a lobbyist shall disclose, under oath, the
following information:
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3.
4.
Lobbyist's name and business address;
Name and business address of each principal represented;
The specific issue on which he or she has been retained to lobby; and
If the lobbyist represents a corporation, partnership or trust, the name and
business address of the chief officer, partner or beneficiary of the corporation,
partnership or trust and the names and addresses of all persons holding,
directly or indirectly, at least five percent ownership interest in said corporation,
partnership or trust. A separate registration form shall be filed by the lobbyist
for each principal represented and for each issue the lobbyist has been
retained to lobby on behalf of any one principal. Such issue shall be described
with as much detail as is practical, including, though not limited to: a specific
description (where applicable) of a pending request for proposals, invitation to
bid, ordinance, resolution, or a given item on the agenda. The city clerk shall
reject any registration statement which does not provide a clear description of
the specific issue on which such lobbyist has been retained to lobby. Lobbyists
shall register on or before June 1, 2005, and yearly thereafter, in accordance
with the provisions of this section.
(c) In addition, every lobbyist shall be required to state under oath the existence of
any direct or indirect business association, partnership, or financial relationship with the
mayor, any member of the city council, any member of a city board, the city manager, or
a member of the city staff before whom he lobbies, or intends to lobby.
(d) accordance with this section which log shall be distributed to the city council.
The city clerk shall maintain a log reflecting the lobbyist registrations filed in
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(e) The mayor, all members of the city council, of city boards, the city manager, and
city staff shall be diligent to ascertain that persons required to register pursuant to this
section have complied, by requesting record of compliance from the city clerk. The
mayor, members of the city council, of city boards the city manager and city staff may
not knowingly permit a person who is not registered pursuant to this section to lobby.
(f) Each person who withdraws as a lobbyist for a particular principal shall file an
appropriate notice of withdrawal concerning representation for that principal. There
shall be no fee required for filing a notice of withdrawal.
(9) All registration forms shall be open to the public upon the filing thereof.
Sec. 2-403. Registration exceptions.
Registration shall not be required for the following:
(a) relevant to their official duties;
City council members, advisory board members or employees discussing matters
(b) Persons under contract with the city who communicate with city council members,
advisory board members or employees regarding issues related only to the
performance of their services under their contract;
(c) self-representation.
Any person who lobbies only in his or her individual capacity for the purpose of
Sec. 2-404. Record of lobbying contacts.
(a) Except when appearing at a public meeting, all lobbyists shall sign, for each
instance of lobbying, contact logs maintained and available in each department of city
government. The person shall provide his or her name, whether or not the person is a
lobbyist as defined in this article, the name of each principal, if any, represented in the
course of the particular contact, and the subject matter of the lobbying contact. All
contact logs shall be transmitted to the city clerk at the end of each month.
(b) In the event that a lobbyist engages in lobbying which is outside of city offices,
and which is a scheduled appointment initiated by any person for the purpose of
lobbying, the lobbyist shall advise the council member's ofice or employee's
department office as appropriate of the calendar scheduling of an appointment and the
subject matter of the lobbying contact.
Sec. 2-405. Annual expenditures report.
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All lobbyists shall annually submit to the city clerk's office a signed statement under oath
listing all lobbying expenditures and the sources from which funds for making lobbying
expenditures have come. The lobbying expenditures shall include, but not be limited to:
meals, entertainment and gifts for public officers and employees for the preceding
calendar year. Lobbying expenditures shall not include the lobbyist's own personal
expenses for lodging, meals, travel, salary, and office expenses. Such statement of
expenditures, entitled "Annual Expenditures Report" shall be due on January 15'h of
each year. Such statement shall be rendered on the form provided by the city clerk's
office. Such statement shall be filed, even if there have been no expenditures during the
preceding calendar year.
Sec. 2-406. Violations.
(a) The city clerk shall submit a report to the city council identifying those lobbyists
who have failed to comply with registration and/or the annual filing requirements of this
ordinance.
(b) The City Council may, after hearing, impose upon a violator a reprimand,
censure or a prohibition of the violator from lobbying the city council, city board or
committee or any member thereof or the city manager or city staff for a period not to
exceed two (2) years.
(c) The validity of any action or determination of the city council or any other city board
or committee shall not be affected by the failure of any person to comply with the
provisions of this section.
Sec. 2-407. Contingency fees.
No person shall retain or employ a lobbyist for compensation based on a contingency
fee, and no person shall accept any such employment or render any service for
compensation based on a contingency fee.
SECTION 2. Codification.
Codification of this Ordinance is hereby authorized and directed.
SECTION 3. Effective Date.
This Ordinance shall become effective immediately upon adoption.
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PASS ED this day of , 2005, upon first reading.
PASSED AND ADOPTED this -day and final reading.
of , 2005, upon second
CITY OF PALM BEACH GARDENS
RY.
FOR AGAINST ABSENT
-..
Mayor Joseph R. Russo
Vice Mayor Eric Jablin
Councilmember David Levy
Councilmember Hal R. Valeche
Councilmember Jody Barnett
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
\\Pbgsfile\Attorney\attorney_share\ORDlNANCES\lobbyist registration.doc
6
CITY OF PALM BEACH GARDENS
loso0 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
May 4,2005
Mr. Albert R. Dilley
909 Club Drive
Palm Beach Gardens, FL 33418-7065
Dear Mr. Dilley:
I am writing to address the concerns expressed in your letter to me dated April 3, 2005, concerning the
Pledge of Allegiance. First, I would like to emphasize that participation in reciting the Pledge before our
Council meetings is entirely voluntary, and is designed to unite, not divide, the community. Each of us
on the City Council takes an oath to uphold the Constitution and all that it stands for. While I may
disagree with your position regarding the Pledge, I wholeheartedly support your rights to express your
opinion and your rights to address your elected officials on this matter.
The Pledge of Allegiance has received additional national scrutiny in the past few years, most recently
in the Supreme Court decision in Elk Grove Unified School District v. Newdow, where the United States
Supreme Court addressed the constitutionality of the Pledge in the school systems. The words of
Justice Stephens, delivering the opinion of the Court, most eloquently explain the place of the Pledge in
our society:
The very purpose of a national flag is to serve as a symbol of our country, and of its
proud traditions "of freedom, of equal opportunity, of religious tolerance, and of good will
for other peoples who share our aspirations." As its history illustrates, the Pledge of
Allegiance evolved as a common public acknowledgement of the ideals that our flag
symbolizes. Its recitation is a patriotic exercise designed to foster national unity and
pride in those principles.
We on the Council invite - not coerce - those attending our meetings to join in this brief civic ceremony
to show respect to the symbol of our Nation's indivisibility and commitment to the concept of liberty.
We as a Council understand and support your right to disagree and to express your disagreement with
the Pledge of Allegiance. We cannot, however, support your desire to prevent the rest of us from
expressing our viewpoint in a public and officially sanctioned way.
Sincerely,
Joseph R. Russo
Mayor
C: Councilmembers
Ron Ferris, City Manager
Christine P. Tatum, City Attorney
.
From:
Sent:
To:
Subject:
Susan Bell
Monday, April 25,2005 4:lO PM
Ray Ellis
FW: request for information
----- Original Message-----
From: Cheryl Levy
Sent: Monday, April 25, 2005 3:39 PM
To: Susan Bell
Subject: FW: request for information
I believe this is a public records request. Thank you.
----- Original Message-----
From: Vito-DeFrancesco@fpl.com [mailto:Vito~DeFrancesco@fpl.com]
Sent: Monday, April 25, 2005 3:22 PM
To: Cheryl Levy
Subject: request for information
Can you provide me with the Roadway designation for Kyoto Drive (ie; neighborhood
collector, City collector or major Arterial) and the road right-of-way width (ie; 50 feet,
100 feet, 200 feet, etc).
_c__---
Thank you and have a great day. ---
___-.------ Vita DeFrancesco ----------
/-
1
Kyoto Gardens Drive designation:
1. Kyoto Gardens Drive is roadway 2 on Map 0 Conceptual Thoroughfare Plan of the City's
Comprehensive Plan
2. Kyoto Gardens Drive is a planned connection on Map P City Center Linkages "Existing and
Planned Vehicular Traffic Connections" of the City's Comprehensive Plan
3. Kyoto Gardens Drive is a secondary roadway on Map Q City Center Linkages "Vehicular
Traffic Connections" of the City's Comprehensive Plan
4. Per the City's Comprehensive Plan, Policy 2.1.2.1 .: The hierarchy of City streets and their
functions shall be as follows:
City Collectors - (example Burns Road) collect and distribute traffic from neighborhood to
neighborhood throughout the City and provide back-up routes to the County thoroughfare
system, may be greater than two lane and are always public, unless designated a private road
pursuant to a PUD or PCD approval prior to
a network sufficient to maintain these rods at no more than four lanes.
the construction of the roads. The goal is to have
5. Per the City's Comprehensive Plan, Policy 2.1.2.2.: Minimum right-of -way requirements for
new roadways shall be b) City Collector roadways - 120' right-of-way
6. Kyoto Gardens Drive is a City Collector roadway with a 120' Right-of-way in accordance with
Policy2.1.2.1. and Policy2.1.2.2.
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
INVOICE =
Qtv I DescriDtion
I
Payment Details : z;, -1
Unit Price
$0.15
TOTAL
$0.15
SubTotal I $0.15
Shipping & Handling
I
TOTAL I $0.15
City Clerk's Office
Date Prepared: March 3 I, 2004
Meeting Date: April 13,2004
Petition: PCP99-04
portion of this report.
Access to Parcels 0
Not all lots within the proposed PCD are accessible via interior roads (Le. Lots 7, 8, 9, 10, 13, 14,
15, 16). The applicant has stated that the lot lines depicted on the Master Plan are conceptual only
and are subject to change and that legal access to various lots in the development will be provided
via private access easements to be designed during site plan approval for each individual parcel.
Staff is requesting that access be provided to all lots on the Master Plan during the approval
of the PCD petition. This is an outstanding issue that is further addressed in the
“Outstanding Issues” portion of this report.
Thoroughfares
The submitted site plan depicts a roadway system that provides both pedestrian and vehicular
linkages to abutting and nearby roadways. The thoroughfare connections within the subject parcel
established in Map ‘Q’ of the City’s Comprehensive Plan, entitled City Center Linkages, have been
provided by the applicant. More specifically, Map ‘Q’ depicts an east/west thoroughfare through
the Property that is planned to be the future extension of Kyoto Gardens Drive from Alternate A1A
west to Military Trail, as well as a north/south thoroughfare through the Property to connect
(underneath the PGA Flyover) the future extension of Kyoto Gardens Drive to RCA Boulevard to
the south via Parcel 5B (Note: there currently exists an 80-foot-wide right-of-way dedicated to the
City between the Hampton Inn Hotel and the Hilda Flack Interiors property to the south of Parcel
5B and the Gardens Station parcels that is intended to connect RCA Boulevard to the future
north/south roadway through Parcel 5B and the Property [please see attached “North/South ROW
Map Detail”]). The applicant is proposing a right-of-way width of 50 feet for the north/south
connector roadway. Staff is requesting a width of 80 feet, exclusive of landscape buffers, for
said roadway. This is an outstanding issue that is further addressed in the “Outstanding
Issues” section of this report.
Status of the Kvoto Gardens Drive extension
In October of 2002, the City entered into an Agreement for Assured Construction of Linkage Roads
(the ‘Agreement’) with the applicant and other entities owning property within the City Center
portion of the City (the ‘Owners’) in which the Owners agreed to construct certain roads depicted
on the City Center Linkage Plan in exchange for credits against the amount of road impact fees that
would otherwise be due to the City. The Agreement stipulated that within 60 days of the execution
thereof, or by December 3,2002, the Owners dedicate to the City by plat a 110’ wide right-of-way
traversing Parcel 5A to be utilized for the extension of Kyoto Gardens Drive from Alternate A1A to
Military Trail. In addition to the foregoing, the Owners were obligated pursuant to the Agreement
. to commence construction of the Kyoto Gardens Drive extension by October 1,2003. To this date,
neither the dedication to the City nor the commencement of construction of the Kyoto
Gardens Drive extension has been performed by the Applicant.
In response to a notification by the City to the Owners of their material default under the
Agreement, their counsel repudiated the Agreement by conditioning the dedication of the Kyoto
Gardens right-of-way on the City’s final approval of their applications for development approvals of f
4
!
Prcpdbymdr#lanto:
CFN 20040438351 OR BK 17322 PG 1841
RECORDED 07/29/2004 07:59:57
Palm Beach County, Florida
Dorothy H Vilken, Clerk of Court
JmKsEJyhY&dDnrdopmaSInc catalfpmo
4300 CateIhmro way Pakn Beach Gadaw. FL 334 IO
RIGHT OF WAY DEED
herein tbe terms" graator' and 'grantee' include all parties to thin instrument and l@rcpresentatives, successorsandass@.)
TO AND MADE A PART OF THIS DEED.
f grantbe using such Land as a public road right-of-way, and in
RESERVINGunto
TO HAVE AND TO HOLD, the sam
/
I
Grantor and its successors, assigns, affiliates, contmctors, employees and agents shall, after a road is
use on the Land for % constructed on the Land, use reasomable efforts to minimize disruption to the ConStNction of such Eacilitics permitted to be constructed by grantor hereunder, but such roadway for construction, maintenan* nlocation and repair of any sucb fpcilities.
r may tanporarily close
n the approval of the Grantor and gmntcc agce that the public right-of-way may need to be relocated lat fix the Land and Rctaind propaties. If such relocation is quimd,~parties shall coopaate
documants as arc reasonably required to accompli surh rel&ons.
for the road rigbt-of-way on the Land and the bdance
to the lake located north of the Land.
contained herein shall run with the Land and be binding on the parties haao and their
REOF, grantor has hereunto set his hand and seal the day and year first above written.
2
PGA NORTH I1 OF FLORIDA, LLC, a Florida limited Iiability company
BY PGA Gateway, Ltd., a Florida limited partnership, its mamging member
BY: Diver MsnaPrrnent Inc..
STATE OF FLORIDA 1 .+$
)S&s /J ,,
COUNTY OF PALM BEACH ) Y,fL<
The foregoing instrument Resident of Diver hid-p
pmtn tp and the
Paae 2 of 6
DESCRIPTION & SKETCH PREPARED FOR: CATALFUYO CONSTRUCTION
I & DEVELOPMENT, INC.
t KYOTO GARDENS DRIVE
+HT OF WAY THRO.UGH PARCEL 54
i
I
I
8 LEGAL DESCRIPTION
OF WAY,LYNG IN SECTW 1,TOWNSHP 42 SOUlH,RANGE 42 EAST AND SOUTH, RAHGE 42 EAST, PKM BEACH COUNTY. FLORIDA, BEHC MORE As FOUOWS:
Book1 7322/Pagel843 Page 3 of 6
' ' DESCRIPTION 8t SKETCH
i PREPARED FOB i CATALFUYO CONSTRUCTION
I & DEVELOPMENT. INC. t
KYOTO GARDENS DRIVE 3IbHT OF WAY THROUGH PARCEL 5A
I
Book1 7322lPagel844 Page 4 of 6
1 DESCRIPTION & SKETCH PREPABED FOR: CATALFUMO CONSTRUCTION - & DEVELOPMENT. INC.
R1
I
KYOTO GARDENS DRIVE ;HT OF WAY THROUGH PARCEL 5A
Book1 732ZPa~el845 Page 5 of 6
Book1 7322/Pa~el846 PaQe 6 of 6
CFN 200501.986'39
RECORDED 04/06/2005 14:49:10
Sharon R. Bock.CLERK & COHPTROLLER
OR BK 18372 PG 1906
Prepad by and =turn to: Palm Beach County, Florida
James E. Jacoby, Esquire CataUium Gmstrucbon and Developmt, hc. Pqs 1906 - 1912; (7pg~)
4300 calslhuno way Palm Beach Wens. FL 33410
RIGHT OF WAY DEED
herein the terms" grantor" and "grantee" include all parties to this instrument and
legal representatives, successors and assigns.)
in consideration of the sum of TEN DOLLARS ($1 0.00) and other
eby acknowledged, hereby grants, bargains, sells, aliens, remises,
certain land situated in Palm Beach County, Florida.
IBlT "A" ATTACHED TO AND MADE A PART OF THIS DEED.
hereinafter called the '
the event grantee aban
sole purpose of grantee using such Land as a public road right-of-way, and in
the Land shall revert to grantor.
land use plans, zoning, restrictions, prohibitions and other requirements
lic utility easements of record; taxes for the year 2004 and subsequent
d all reservations, restrictions, covenants, easements, conditions and
TO HAVE AND TO HOLD, the same in
Book1 8372/Pa~el906 Paqe 1 of 7
Grantor and its successors, assigns, affiliates, contractors, employees and agents shall, after a road is
constructed on the Land, use reasonable efforts to minimize disruption to the roadway use on the Land for construction of such facilities permitted to be constructed by grantor hereunder, but Grantor may temporarily close such roadway for construction, maintenance, relocation and repair of any such facilities.
Grantor and grantee agree that the public right-of-way may need to be relocated u n the approval of the master plan and plat for the Land and Retained Properties. If such relocation is required, t I? e parties shall cooperate
and execute such documents as are reasonably required to accomplish such relocations.
and grantee agree that the drainage systems for the road right-of-way on the Land and the balance
roperties shall interconnect and discharge into the lake located north of the Land.
ts contained herein shall run with the Land and be binding on the parties hereto and their
and assigns; AND, respecti
EREOF, grantor has hereunto set his hand and seal the day and year first above written.
PGA NORTH 11 OF FLORIDA, LLC, a Florida limited liability company
BY: PGA Gateway, Ltd., a Florida limited partnership, its managing member yp-j\ Bv: Diver Manaeement Inc..
STATE OF FLORIDA
COUNTY OF PALM BEACH )
2004, by Daniel S. Catalfumo, the of PGA Gateway, Ltd., a Florida on behalf of the corporation, the
2
Book1 83721Pagel907 Page 2 of 7
z . DESCRIPTION & SKETCH
PREPARED FOR
CATALFUMO CONSTRUCTION &
DEVELOPMENT, INC.
I RCA CENTER DRIVE RIGHT OF WAY I THROUGH MACARTHUR PARCEL 5A
I
LEGAL DESCCUPTION
A 80 FOOT ROAD RIGHT OF WAY LYING IN SECTION 1, TOWNSHIP 42, SOUTH, RANGE 42 EAST AND SECTION 6, TOWNSHIP 42,
ALM BEACH COUNTY FLORIDA, 8ElNG YORE PARTlCUlARLY DESCRlBEDAS FOLLOWS:
OF PLAT NO. 4 OF THE CITY OF PALM BEACH GARDENS, RECODED IN PLAT BOOK
OF PALM BEACH COUNTY, FLORIDA, SM) POlNT LYING ON A CURVE cowcAvE TO
WAD RIGHT OF WAY AS DESCRIED IN DEED BOOK W, PAGEW,
FLORIDA AND MONO THE ARC OF SAID CURVE, A DISTANCE OF
ALONGTHEWEST
PUBUC RECORDS
OFACURVECONCAVE
-Y
CURVATURE OF A
PALM BEACH COUNTY, R
1 ARADULBEAWNGOFN6
43'44'11"; THENCE ALONG THE ARC
POlNlOF CURVATUREOFACURVE
OF89"l~THENCEALONGTHEARCOF
PUNT OF BEGINNING.
SURVEYOR'S NOTES:
1. THIS DRAWING IS NOT A SURVEY.
3. THE DESCRIPTION SKETCH AND THE D
COMPLETE LEGAL DESCRIPTION. THE
BOTH ACCOMPANY EACH OTHER
4. THIS LEGAL DESCRJPTlON IS NOT VALID WITHOUT
ORIGINAL RASED SEAL OF A FLORIDA UCENSED
Book1 83721Pa~el908 PaQe 3 of 7
LIDBERG LAND
Ih&RVEYING, INC.
876 Wwd Xnd4mtaurr A#a SUU. doo. hrplkr. SS168 TEL 6Ul-746-8464
Book1 8372/Pa~e1909 PaQe 4 of 7
KAA- - l~ln\dwgwI-157~.rJwG
*- L
~ -PA
La$=- PG. obisr~
REF
Fl.0
D.B. lzIly2oo4
D.C.L SHEET 2 OF 4 DWG A98-1m
lm CKD
DESCRIPTION B SKETCH PREPARED FOR:
CATALFUMO CONSTRUCTION d
-.
DEVELOPMENT, INC.
RCA CENTER DRIVE RIGHT OF WAY
THROUGH MACARTHUR PARCEL 5A
I
F-j@bCH LINE SEE SHEET 4 OF 4 / -r
I
loo 50 0 100 200
GRAPHIC SCALE IN FEET
SCALE: 1" 100'
Paqe 5 of 7
Page 6 of 7
I.
EXHIBIT " B"
-. ,
..
Parcels 5.A1 and 5.A2
rtion of Section 1, Township 42 South, Range 42 East and Section 6,
Range 43 East, Palm Beach County, Florida, lying Southerly of Plat
Palm Beach Gardens, as recorded in Plat Book 27, pages 4 through 6,
y of the Plat of Winchester Courts, as recorded in Plat Book 37, pages
, all of the public records of Palm Beach County, Florida; and lying
ly right of way line oflnterstate Highyay 1-95; and lying Northerly
ted access right of way line for said Interstate Highway 1-95 and
right of way line of P.G.A. Boulevard; and lying Westerly of the
he of the Florida East Coast Railroad.
THEREFROM the parcel identified as Parcel 100,as recorded in
10839, page 1477, of the public records of Palm Beach County,
Florida.
f*) tc>/
J
Book1 8372/Pagel912 Page 7 of 7
..
...
-
THIS -, de this f& day of 1989 between John E.
Oorbdlly, JmS M. firman and mip M. Grace no iVid~ay hk SOldy aS
Trustees under the provisions of a Trust AgreaTlent dated the 28th day Of Eecenbr 1983 and known as the Mackrthur Liquidating Trust mmt referred to as "Grantors"), and Northern Pdlm Beach
strict, a water control district under the laws of the
oxprate Way, suite 203, West Palm Beach, Florida
ed to as "Grantee").
WITNESSETH:
rs are the record amers of certain real pmperty in palm
ida, as described In Exhibit "A@*, attached hereto and made a to as the "Proprty'~ ) : and,
of Ten Dollars ($10.00) the agree as follaws:
described akme to etfect the
es as mtianed in this
tee shall at that time,
4. Grantors, at their sole
and related improverwts and engineering.
5. said lccatian of the relaated easanent nust
oxlrt Of Pdlm Beach (bunty, Florida. Any costs of wing the Water
ManagemMt plan, if any, are to be borne by ran tors. ~n the Went the
hereby granted is relocaM in the future, Grantors agree to provide
Grantee, if necessary, with rights of ingress and egress to effect the wrpos~
of tNs easmlent.
6. By acceptance of this easmt, Grantee agrees to abide by the tenns and provisions as stated herein.
7. This Water Managarrent Easarent is made for the prpose of giv- and
granting to the Grantee a nm-exclusive easenent for water maganent prpase~ and is rrade, ex-ted and delivered with the express understanding tbat, SMd
use of the easawnt for the ppes as stated herein ever be dimthed or
abandoned, then upan Grantors' mest, Grantee shallexecutetherqired lnstnanent to extinguish the easenent granted herein.
9. This easement shall bebMingupanandshalllnuretothe&nefitofthe
respedive parties, their su~3essors or assigns and granteee,
10. 'chis easenent and hereafter In force.. The venue of any litigatim arising at of this easmt shall be exclusively in Palm Beach oxmty, Florida.
Wm33?, .the undersigned has signed and sealed this d-t an first above written.
shall be governed &.the laws of the state of Elorida as ZIOW
aAt?mLs:
3UiN E. aotlBwY, JAMES M. EUWN
and PHILIP M. aAa3, mt MI- vidudly kut Sdlely as TNstees under tt~ pmvisirms of a Rust
Agmmnt dated the 28th day of
Decanber, 1983 and known as The
Llquldatlng hust
Y as aforesaid
&VCL />
-I srm 0% LLLpx3Is
axwpy(3FoocK
I HER5Y CmTIEY that M in the State aforesaid and
persanally appeared JWE.
dated 28th day of December,
sarre as Trustees as aforesaid.
individually tut solely as
Agreenent. to me known to
foregoing instmt and they ackncwledged
seal in the last aforesaid , 1989.
! . I' -. b
EXHI BIT "A" Om 6214 Ps 2060
;URVEYOR'S CLRTI?IUTIOWi I 1IERLI)I CER71iT thar tha mkntch show hereon 1. a crus and accurate repre.entsrlan of rha
mactlptlon and corpllma ulrh the Hlnlmu. T.chnlcml Standards a. met forth by
of Lnd Surveyor.. purauanr to Section 412.021 Florldr Staturea.
EXH I E I T "A"
-(P- 1 of 2)
_.. . .-
. RECORDER'S MEMO: Legibility : of Writing, wig or Printing : unratiefacbry in this documurt
8.whenreceived. . -
OESCRIPTlON POR: JOllW D. b CATIIERINE T. IiACARJIIUR lOUNDAT1ON
DLSCRlPTIOHi
d lying ln Scctlon 1, tounrhlp 42 South, Rnngn 42 Eaat. .
ach Count).. Florlda, bclna more partlculerly deaerlbad ne
lng at the contcr of eald Soctlon I; thenco Soqth 00-20-15 Ucat
ha Ucot.llna of the iouthcast quarter of Bald Socclon I, aald
In8 the centcrllna of Hllltary Troll (tho Uc8t llnc ot the 0 quartor of rnld Sacclon 1 la aaau=ad to boar South 00-20-41
d a11 other bcirlngi stored hcroln are rolrtlvo thorcto) a
f 605.08 foot: thoncc South 89-39-15 Eost i dlmtanea of
to a polnt 119 tho Enit rlght of uny llnc of Hllltarylrill
a Plat No. b of Pnls Iaach Garden#, am recorded ln Plat Book
ough 6, Publlc Recorda of Pale Bcech County. rlorldr:
-20-45 Lilt along iald rlght of way llnc a dl8tancc of
hc polnc of curvaturn of n CUCV~ concava to cha Enst,
of 959.90 fact and n central angla of 34-3s-40; thcncc
th8 arc of 8ald curve a dlatance of 519.51) feet to i
epartlng aald curvc and aald plat ltns South 51-26-1b
oouthaa8t. hnvlnK a rndlua
thls pOlnt of South 40-5 9 Enmt: thcncc iouthucitcrly .Lon$ the 8CC of aild curve o dliti @ 100.06 feet to the POINT OP BECINNINC.
Contalnlng ln ~11 7004 unra feet or 0.161 nereo.
Subjcct to oaaeeenta and
EXHIBIT "A" (P. 2 of 2)
In a continuing effort to improve communications and services to
the public, we have made requesting public records easier than
ever. We have provided this brochure and magnet both of which
are available tonight on the table near the door which contains
several ways to initiate a request: they include:
Visit us at City Hall Monday through Friday between the hours of
8:OO a.m. and 5:OO p.m.
Telephone us at the number provided
E-mail our Public Information Coordinator
Or visit our web site at pbgfl.com
There has also been an enhancement on the home page of our web
site. This link allows you to e-mail a fill-able form which comes
directly to our Public Information Coordinator, Susan Bell.
One of the most important reasons this enhancement was made
was to keep up with the volume of requests. Since the Town Hall
Meeting on March 3 1’‘ when this brochure was distributed we have
received an additional 172 new requests.
The reason for the link, and, I think you’ll agree it is yet another
way to expedite the process.
I want to thank the VT Department, especially Eric Holdt and Matt
Doherty.
If you have any questions, or need additional information, please
feel fi-ee to contact the Ofice of the City Clerk at any time.
Page 1 of 1
__ __--l_llll_--ll. --
Patty Snider
From: Chief [grouplocal2928@yahoo.com]
Sent:
To: Ron Ferris; Joseph Russo
Subject: 2005 City Budget
- --
Thursday, May 05,2005 505 PM
We would like to request that you consider staffhg Truck 61, with the (9) new firefighters if the
positions are approved. We strongly believe that when the Truck was purchased it was expected to be
utilized (respond to calls) it has been responding, but it has caused other emergency vehicles to out of
service or it was staffed with volunteers. The (9) new fire personnel could be used to staff the Truck and
it would add to the current level of service and assist the Fire Chief in his goal of reducing the IS0
Rating and obtaining the Fire Accreditation Certification. It will also bring the Fire Department closer to
the National Standard of NFPA 171 0.
Thank you.
"The Group" at Palm Beach Gardens Fire Rescue
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5/5/2005
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: May 5,2005
FROM: Ron Ferris, City Manage
I SUBJECT: Neiahborhood Preservation Initiative
At Council’s direction, staff has conducted research on the conditioniof the City’s housing stock
and commercial buildings. As you know, concerns have been raised about the need for more
stringent code enforcement with regard to the aesthetics of same. As a result, staff has
prepared Ordinance 12, 2005, commonly referred to as the Property Maintenance Standards
0 rd ina nce .
This ordinance establishes uniform minimum standards for the occupancy and maintenance of
dwellings, hotels, and rooming houses, as well as commercial, industrial and institutional
structures located within the City. Its goal is to maintain and improve property values, enhance
the beauty of our neighborhoods, and protect the health safety and welfare of our residents and
business owners.
Because of the scope of this ordinance, staff recommends a public information campaign to be
overseen by the City’s Public Relations Director Amy Luetkemeyer to provide our residents and
business owners with an explanation of the benefits of the ordinance, the requirements it sets
forth, and what resources are available to assist them with meeting this new code.
Attached is a project outline and timeline for what we are referring to as the Neighborhood
Preservation Initiative, the basis for which is Ordinance 12, 2005. I have also attached a copy
of the ordinance.
Please review the project outline and contact me either via telephone or email by May 20th with
any questions or concerns you have. As you will see, staff has planned to utilize the talents and
resources available on our Community Aesthetics Board, our Economic Development Advisory
Board and our Planning, Zoning, and Appeals Board to solicit citizen and business community
input and support for the information campaign and Ordinance 12, 2005.
In the meantime, should you desire additional information, please advise. Thank you.
cc: Amy Luetkemeyer, Public Relations Director
Allyson Maiwurm, Executive Assistant to the City Manager
Sheryl Stewart, Assistant to the City Manager
Kelvin Wise, Code Enforcement Supervisor
Christine Tatum, City Attorney
Jack Doughney, Community Service Administrator
Charles Wu, Growth Management Administrator, Staff Liaison, PZAB
Mike Morrow, Operations Director
Mark Hendrickson, City Forester, Staff Liaison, CAB
Dolores Key, Economic Development & Marketing Administrator, Staff Liaison, EDAB
P
3
NEIGHBORHOOD PRESERVATION INITIATIVE
ORDINANCE 12,2005
PRESENTATION OUTLINE
I.
II.
Introduction, history and purpose of Ordinance 12, 2005
Creation of Neighborhood Preservation Initiative
a. Goals of initiative
i. Neighborhood enhancement
ii. Maintain and improve property value
iii. Health, safety and welfare issue for all Gardens residents
iv. Implement standards but offer resources for residents who aren’t capable of
complying with the standards without assistance (Le. financial assistance, labor)
1. Paint - Solid Waste Authority
2. Labor - Christ Fellowship, Temple Judea, United Way, City Volunteer
Program
3. Funding - Bank partnerships, Grant opportunities (Military Trail Grant
Program), Business partnerships through EDAB
b. Public Information Campaign
i. Create awareness about the positive impact standards will have on community
1. PamphletslMail pieces
2. NewsletterlNewspaper articles
3. Website
4. One-on-one meetings with residents & businesses
5. Public forums
6. Direct communication with those who have contacted City and expressed
interest in this type of project
7. HOAslPOAs
ii. Pilot ProjectlBusiness Partnership
iii. Delray Beach Model
Ill. Implementation Plan
a. Meetings with Advisory Boards for input on project
i. PZAB May 24,2005
ii. CAB June 1,2005
iii. EDAB June 9,2005
i. PZAB June 28,2005
ii. CAB July 6,2005
iii. EDAB July 14,2005
c. City Council
i. First Reading August 4,2005
ii. Adoption August 18,2005
d. Grace periodlPublic Education Campaign August 19,2005 thru February 28,2006
e. Implementation March 1,2006
b. Follow-up meeting with Advisory Boards
5/5/2005
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,], Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida,
do hereby proclaim the month of May 2005, as CIVILITY MONTH in the City of Palm
Beach Gardens and call upon all citizens to exercise civility toward each other.
ATI'EST:
P~ltfticLERK, CMC
----------------------------,-------.,.-------------
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, the Holocaust was the state-sponsored, systematic persecution
and annihilation of European Jewry by Nazi Germany and its collaborators
between 1933 and 1945; and
WHEREAS, Jews were the primary victims-six million were murdered; and
WHEREAS, the history of the Holocaust offers an opportunity to reflect the
moral responsibilities of individuals, societies and governments; and
WHEREAS, the people of the world should always remember the terrible
events of the Holocaust and remain vigilant against hatred, persecution and
tyranny; and
WHEREAS, our community should actively rededicate ourselves to the
principles of individual freedom in a just society; and
WHEREAS, pursuant to an Act of Congress, the United States Memorial
Council designates the Days of Remembrance of the Victims of the Holocaust
to be Sunday, May ]st through Sunday, May 8, 2005 including the
international Day of Remembrance known as Yom Hashoah, May 6h.
NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach
Gardens, Florida, do hereby proclaim the week of May ]st through May 8th,
2005,as
A1TEST:
DAYS OF REMEMBRANCE
In memory of the victims of the Holocaust.
IN WITNESS WHEREOF, I have hereunto
set m:y hand and cflll8f1d the Seal of the City
of Palm &ach Gankns, ida, to be
affr.xed thiB su. May the .1. r Tulo
Thou.sand an /.
PXTRiCIASNIDER, CMC CtTY CLERK