HomeMy WebLinkAboutMinutes Council 091907I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 September 19, 2007
5
6 The September 19, 2007 Regular Meeting of the City Council of the City of Palm Beach
7 Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal
8 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
9 Russo, and opened with the pledge of allegiance, followed by a moment of silence in
10 remembrance of September 11.
I 1 ROLL CALL: The City Clerk called the roll and the following elected officials were found
12 to be in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric
13 Jablin, Councilmember Hal Valeche, and Councilmember Jody Barnett.
14 ADDITIONS, DELETIONS, MODIFICATIONS:
15 Mayor Russo announced an addition under the consent agenda of a proclamation for
16 Worldwide Day of Play on September 29, 2007. There were no deletions or modifications to
17 the agenda. Councilmember Jablin moved approval of the addition as stated by the Mayor.
18 Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
19 ANNOUNCEMENTS / PRESENTATIONS:
20 Florida Atlantic University (FAU)Hometown Tour - Dr. Kristen Murtaugh provided a video
21 presentation highlighting the university. Dr. Murtaugh and Terry Gearing provided a power
22 point presentation of the John D. MacArthur campus.
23 Gold Congressional Award Winners — Lynn Lyons explained the award and the
24 achievements of the three winners, Joey Russo, Andrew Sisko, and Jordan Dulcie. Mayor
25 Russo presented certificates and a pen to each one; and also to Lauren Dobry. Mayor Russo
26 read the names of other winners, and presented a certificate to Lynn Lyons.
27 Presentation on the new football stadium for Gardens High School - Dr. Ed Eissey described
28 the proposed facility, savings that would be realized by using turf instead of sod, and its
29 anticipated value as an asset to the City. The amount of $250,000, or one -third of the cost of
30 the turf, would be requested from the School Board, and the rest would be raised by the
31 community. Councilmember Jablin made a motion to authorize the Mayor to write a letter to
32 the School Board in support of this project. Vice Mayor Levy seconded the motion, which
33 carried by unanimous 5 -0 vote. Jon Prince, Principal of Palm Beach Gardens High School,
34 presented the trophy for the Mayor's Cup.
35 PUBLIC HEARINGS FOR 2007/2008 BUDGET — Non Quasi Judicial:
36 Presentation of the Fiscal Year 2007/2008 Budget - Mayor Russo declared the public hearing
37 open. Allan Owens, Finance Administrator, announced this was the second budget hearing,
38 summarized the process and timeline of the budget process. The tentative millage had been
39 set at 5.105% for operating purposes and .149% for debt services, with overall millage rate
40 of 5.254 mils, which was less than the roll back rate of 5.3737 mils by 5.003 %. Mayor Russo
41 called for public comment: Donald Bottaizo, Rainwood Circle, described the City's growth
42 and asked if the look of the City could be maintained with the proposed budget cuts, to
43 which the response was that staff would try very hard to maintain the level of roadway
44 landscaping and park facilities. Hearing no further comments from the public, Mayor Russo
45 declared the public hearing closed.
46 Resolution 105, 2007 - Adopting a Tax Levy and Milla eg Rate - A Resolution of the City
47 Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
1 the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2007, and
2 ending September 30, 2008; directing the City Clerk to forward a certified copy of this
3 Resolution to the Property Appraiser and Tax Collector within three (3) days after its
4 adoption; and providing an effective date. The City Clerk read Resolution 105, 2007 by title
5 only. Councilmember Barnett asked to hear the City Manager's report on the vacant Fire
6 positions. Fire Chief Pete Bergel advised the same level of service would be provided
7 without the two positions. Councilmember Jablin made a motion to make the following
8 announcement: The City of Palm Beach Gardens is proposing to adopt the final millage rate
9 of 5.254 mils, 5.105 mils operating and .149 mils debt, which is less than the roll back rate of
10 5.3737 mils by 5.0003 %. Vice Mayor Levy seconded the motion. Councilmember Barnett
11 noted this year's budget process had been very different and asked that going forward the
12 process be more open, and expressed her opinion there were portions of the budget that
13 should be set by policy, such as balancing salary positions and losing Police and Fire
14 positions. Mayor Russo expressed disappointment that Councilmember Barnett did not
15 believe the process had been open. Vice Mayor Levy made a statement indicating that he felt
16 the process was extremely open. Motion carried 4 -1 with Councilmember Barnett opposed.
17 Councilmember Jablin made a motion to approve Resolution 105, 2007 adopting a millage
18 rate of 5.2540 %. Vice Mayor Levy seconded the motion, which carried 4 -1 with
19 Councilmember Barnett onnosed.
20 Urdmance 22, 2UUU/ — (2 "" reading and adoption) Adopting Fiscal Year 2UU7 /2QQ8 Budget.
21 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a
22 budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1,
23 2007, and ending September 30, 2008; and providing an effective date. The City Clerk read
24 Ordinance 22, 2007 on second reading by title only. Councilmember Jablin moved that
25 Ordinance 22, 2007 be placed on second reading and adopted. Vice Mayor Levy seconded
26 the motion, which carried by 4 -1 vote with Councilmember Barnett opposed.
27 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
28 Councilmember Barnett thanked Timber Trace Elementary School for allowing her to speak
29 to them and to see what was going on in the school system. Vice Mayor Levy reported that
30 he had attended the first Workforce Alliance meeting, had been elected Vice Chairman, and
31 advised the actions taken at that meeting. Vice Mayor Levy reported that he had attended the
32 Recreation Advisory Board meeting and advised that the PGA National Park would be going
33 before the Planning Zoning and Appeals Board. Vice Mayor Levy announced that the board
34 had unanimously passed a Resolution endorsing naming the Plant Drive softball field after
35 Amanda Buckley, which he supported and asked for the Council's support. Vice Mayor
36 Levy made a motion to name the Plant Drive softball field after Amanda Buckley.
37 Councilmember Jablin seconded the motion, which carried by unanimous 5 -0 vote.
38 Councilmember Valeche commended the Budget Oversight Committee for their work, and
39 Martin Kohn, who was resigning as a member of that Committee. Councilmember Valeche
40 encouraged anyone interested in the budget to fill that vacancy. Councilmember Jablin
41 reported that he attended Prosperity Oaks Grandparents Day and the Chamber of Commerce
42 Breakfast which was Casey Steinbacher's last day as Executive Director after seven years of
43 service. Mayor Russo reported that all of the Council had attended the PGA Corridor
44 Economic Update and found that the future economic outlook was not as good as in the past
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
I because of the construction industry slowdown. Mayor Russo advised that he and
2 Councilmember Jablin had attended the ribbon cutting at Way School for tennis players. The
3 Mayor announced November 28, 2007 for a Town Hall meeting and reviewed the subjects to
4 be discussed.
5 CITY MANAGER REPORT:
6 Update on the Voluntary Employee Benefit Association Plan (VEBA) - Allan Owens,
7 Finance Administrator, explained that this was a request to provide a subsidy for Fire and
8 Police retirees to help offset a portion of their cost for medical insurance, with proposed
9 funding to be 1% of Fire and Police scheduled salary increases next year. Benefits and
10 impacts were reviewed. Staff was directed to go forward with this, working with the unions.
1 I Recognition of Dolores Key — City Manager Ferris recognized the work done by Dolores
12 Key in Economic Development during the past five years, and wished her well in her new
13 endeavors.
14 CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda. Vice
15 Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
16 a. Resolution 97, 2007 - Additional Right of Way. A Resolution of the City
17 Council of the City of Palm Beach Gardens, Florida authorizing the Mayor
18 and City Clerk to execute a Quit -Claim Deed in favor of Palm Beach County
19 for the transfer of an additional right -of -way for a turn lane at RCA
20 Boulevard and Alternate Al from the City to the County; and providing an
21 effective date.
22 b. Resolution 104, 2007 - Burns Road Railroad Crossing. A Resolution of the
23 City Council of the City of Palm Beach Gardens, Florida approving the
24 rehabilitation and improvements of the Burns Road railroad crossing by the
25 Florida East Coast Railway, LLC in an amount not to exceed $100,048.00;
26 and providing an effective date.
27 PUBLIC HEARINGS:
28 Part I — Quasi-judicial - Mayor Russo announced the procedures that would be followed in
29 all of tonight's quasi-judicial cases. The City Clerk swore in all those intending to offer
30 testimony in any of tonight's cases.
31 Resolution 93 2007 - Site plan amendment at the BallenIsles Planned Community
32 Development (PCD). A Resolution of the City Council of the City of Palm Beach Gardens,
33 Florida amending site plan of the clubhouse facility at BallenIsles Planned Community
34 Development (PCD) to allow for a 12,370- square -foot expansion to the existing clubhouse;
35 replacing the existing 15,652- square -foot tennis /fitness building with a 54,142- square -foot
36 sports complex building; 264 additional golf cart parking spaces; a net increase of 37 vehicle
37 parking spaces; associated site and landscape plan modifications located at the Southeast
38 corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein;
39 providing conditions of approval; providing waivers; and providing an effective date. The
40 City Clerk read Resolution 93, 2007 by title only. The City Attorney advised that Mayor
41 Russo could abstain since he was a resident of BallenIsles and a member of the club; Mayor
42 Russo announced he would abstain each time on this matter. The gavel was passed to Vice
43 Mayor Levy, who called for ex -parte communication. Councilmember Levy reported he had
44 met with Mr. Hearing and several members of the club; Councilmember Jablin reported he
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
1 had met with Brad Wiseman, representing staff, and several members of the club as well.
2 Vice Mayor Levy reported he had met with Mr. Hearing, two residents and the Director of
3 the club; a staff member had also been present. Donaldson Hearing spoke on behalf of
4 BallenIsles Country Club. There were no comments from the public. Councilmember Jablin
5 moved approval of Resolution 93, 2007. Councilmember Barnett seconded the motion,
6 which carried by unanimous 4 -0 vote. Mayor Russo re- joined the Council.
7 Resolution 94, 2007 — Gardens Station West Signage Waiver. A Resolution of the City
8 Council of the City of Palm Beach Gardens, Florida amending the Master Sign Program for
9 the Gardens Station Planned Unit Development (PUD), generally bounded by the RCA
10 Center PUD to the North, Loehmann's Plaza to the West, the Hilda Flack Interiors and
11 Hampton Inn Properties to the South, and the FEC railroad tracks to the East, as more
12 particularly described herein; providing a waiver; providing conditions of approval; and
13 providing an effective date. The City Clerk read Resolution 94, 2007 by title only. Mayor
14 Russo declared the public hearing open. No ex -parte communication was reported. A
15 representative of Cotleur and Hearing presented the project. There was no public comment.
16 Councilmember Jablin moved approval of Resolution 94, 2007. Vice Mayor Levy seconded
17 the motion, which carried by unanimous 5 -0 vote.
18 Resolution 101, 2007 - Turtle Beach Bank Plat. A Resolution of the City Council of the City
19 of Palm Beach Gardens, Florida approving the Turtle Beach Bank plat; and providing an
20 effective date. The City Clerk read Resolution 101, 2007 by title only. Mayor Russo declared
21 the public hearing open. No ex -parte communication was reported. Hearing no comments
22 from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin
23 moved approval of Resolution 101, 2007. Vice Mayor Levy seconded the motion, which
24 carried by unanimous 5 -0 vote.
25 Part II — Non - Quasi -judicial
26 Ordinance 23 2007 — (2nd reading and adoption) Amending the Fiscal Year 2006/2007
27 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
28 amending the City of Palm Beach Gardens' budget for the Fiscal Year beginning October 1,
29 2006 and ending September 30, 2007, inclusive; and providing an effective date. The City
30 Clerk read Ordinance 23, 2007 by title only on second reading. Mayor Russo declared the
31 public hearing open. Hearing no comments from the public, Mayor Russo declared the
32 public hearing closed. Councilmember Jablin moved adoption of Resolution Ordinance 23,
33 2007 on second reading. Vice Mayor Levy seconded the motion, which carried by
34 unanimous 5 -0 vote.
35 RESOLUTIONS:
36 Resolution 99, 2007 - Prosy Insurance Renewal. A Resolution of the City Council of the
37 City of Palm Beach Gardens, Florida to purchase insurance policies for a Property and
38 Casualty Insurance Program from Preferred Governmental Insurance Trust; authorizing the
39 Mayor and City Clerk to execute the contract; and providing an effective date. Allan Owens,
40 Finance Administrator, presented the staff report. Insurance consultant Sid Webber answered
41 questions from the City Council. Councilmember Jablin moved approval of Resolution 99,
42 2007. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
43 Resolution 102 2007 -- Agreement with the Police Benevolent Association for Police
44 Officers, Sergeants and Communication Operators. A Resolution of the City Council of the
4
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
1 City of Palm Beach Gardens, Florida approving and ratifying an agreement with the Police
2 Benevolent Association for Police Officers, Sergeants, and Communications Operators
3 employed by the City's Police Department for fiscal years 2007 -2008, 2008 -2009, and 2009-
4 2010; authorizing the Mayor, City Manager, and City Clerk to execute said agreement; and
5 providing an effective date.
6 Resolution 108 2007 - Agreement with the Police Benevolent Association for Lieutenants.
7 A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and
8 ratifying an agreement with the Police Benevolent Association for Police Lieutenants
9 employed by the City's Police Department for fiscal years 2007 -2008, 2008 -2009, and 2009 -
to 2010; authorizing the Mayor, City Manager, and City Clerk to execute said agreement; and
11 providing an effective date. Sheryl Stewart, Human Resources Administrator, presented
12 Resolution 102, 2007 and Resolution 108, 2007. Councilmember Jablin moved approval of
13 Resolution 102, 2007. Vice Mayor Levy seconded the motion, which carried by unanimous
14 5 -0 vote. Councilmember Jablin moved approval of Resolution 108, 2007. Vice Mayor Levy
15 seconded the motion, which carried by unanimous 5 -0 vote. Bob Odell, Palm Beach County
16 Police Benevolent Association, thanked those involved in these agreements.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:40 p.m.
APPROVAL:
ATTEST:
PATRICIA SNIDER, CMC
CITY CLERK
MAYOR RUSSO
VICE
1.1
COL>qLi M ER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER,I'RNETT
32 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
33 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
34 City Clerk. All referenced attachments are on file in the City Clerk's office.
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6
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST ME —FIRST NAME — MIDDLE NAME
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NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
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MY POSITION IS:
ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM BB - EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
: A copy of the form must be provided immediately to the other members of the agency.
: The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on I 20 O
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
Inured to the special gain or loss of my relative,
inured to the special gain or loss of.
whom I am retained; or
inured to the special gain or loss of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
0
Date Filed
Y'W�
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 112000 PAGE 2