HomeMy WebLinkAboutMinutes Council 040104CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 1, 2004
The April 1, 2004 Regular Meeting and Workshop Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order at 7:10 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the
pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in
attendance: Mayor Jablin, Councilmember Clark, Councilmember Russo, and Councilmember
Delgado.
ELECTION:
Resolution 79, 2004 – Declaring the results of the City's Municipal Runoff Election held March 23
2004. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the
results of the Municipal Runoff Election held on March 23, 2004; and providing an effective date.
Councilmember Clark moved approval of Resolution 79, 2004. Councilmember Delgado seconded
the motion, which carried by unanimous 4 -0 vote.
Administer Oath of Office: the City Clerk swore in Councilmember Elect David Levy as
Councilmember. Mayor Jablin introduced Councilmember Levy's wife, Penney, and announced that
tonight was their 15`h wedding anniversary. Mr. and Mrs. Levy's children, Jacob and Gail, were also
introduced. Councilmember Levy expressed his excitement to be a member of the City Council, and
thanked everyone who had helped and supported him in his election.
REORGANIZATION:
Appointment of a Temporary Chairman to appoint Mayor: Mayor Jablin passed the gavel to Mayor
Pro Tem Clark.
Appointment of Mayor – Councilmember Russo nominated Eric Jablin as Mayor. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Appointment of Vice Mayor - Councilmember Levy nominated Joe Russo as Vice Mayor.
Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote.
Appointment of Mayor Pro Tem - Councilmember Russo nominated David Clark as Mayor Pro Tem.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 74, 2004 -Appointment of Mayor, Vice Mayor and Mayor Pro - Tempore. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor, Vice Mayor and
Mayor Pro - Tempore for the City; and providing an effective date. Vice Mayor Russo made a motion
to approve Resolution 74, 2004. Councilmember Clark seconded the motion, which carried by
unanimous 5 -0 vote.
Appointment of Council Liaisons to Internal, External and Special Project Advisory
Boards /Committees and Organizations - Consensus was to move this item to later in the agenda.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Jablin announced addition of recognition of Officer Gregory Allen for winning the 2003
Distinguished Law Officer of the Year for Palm Beach County in the category of Crime Prevention,
announced that there were no deletions, and requested one modification —a constitutional
amendment petition form which Councilmember Delgado would discuss following Items of Resident
Interest. Councilmember Clark moved approval of the changes to the agenda. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
2003 Distinguished Law Officer of the Year /Crime Prevention Category – Mayor Jablin read aloud
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/1/04 2
the many accomplishments of Police Officer Gregory Allen, and thanked him and expressed
appreciation that he was a member of the City's Police Department. Police Chief Step announced
Officer Allen had also been nominated for other awards. Officer Allen expressed his thanks to the
City Council for their support of the Police Department.
Annual Audit Report — Finance Director Allen Owens introduced representatives of accounting firm
Rachlin Cohen and Holtz, who presented the audit report. Mr. Chuck Haas, pointed out this report
implemented a new standard for local government accounting information, and indicated he was
willing to meet with any of the Councilmembers to discuss the report. Ms. Vordak presented the
report and announced that an unqualified opinion had been issued by the accounting firm. The
management letter had only three recommendations for changes in operations, which had been
addressed by staff.
Quarterly Financial Report — Finance Director Allen Owens presented the quarterly report.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado announced that 15 bicycles recovered by City police had been donated to
Jack the Bike Man and other municipalities had contributed over 200 bicycles. Councilmember
Delgado advised that an amendment to the Florida Constitution would be on the November ballot
which would reverse required funding for the bullet train, since the state could not afford it at the
present time, was being promoted by the Palm Beach County Commission, and petitions would be
made available for the public. Mayor Jablin expressed his support for the petition.
CITY MANAGER REPORT:
City Manager Ron Ferris announced April 7 at 7 p.m. Palm Beach Gardens High School there would
be a presentation regarding Scripps.
COMMENTS FROM THE PUBLIC:
Rick Sartore, President of Palm Beach Gardens Baseball, described the year -round baseball program.
Mayor Jablin and Councilmember Russo expressed thanks for this volunteer program.
Adrian Sallee reported the Palm Beach Post had advertised the Landmark Project as three 17 -story
towers, instead of the 17 -story center building and two 14 -story towers approved by City Council.
Mayor Jablin indicated this was false advertising and the newspaper would be notified.
Lauren Furtado asked the term used in identifying the older portion of the City. Mayor Jablin
indicated he had called it the core of the city. Ms. Furtado commented the City codes needed to be
tightened and asked that when Mr. Wise came to the Council for code changes for the core of the
City that the Council support his request. Ms. Furtado also encouraged the Council to provide more
code enforcement personnel, and suggested Workers on Watch might help code enforcement. Ms.
Furtado provided information regarding federal funding for tornado shelters in mobile home parks.
Staff reported the Workers on Watch program was working well. Police Chief Step reported there
was a new security officer at Costco and he had been given one of the radios, which had reduced
problems in that area; and a citizens' mobile patrol program would be presented to the City Council
in the near future. Councilmember Delgado suggested that a quarterly update on the WOW program
be added to the website.
A professional double - talker from the Shriners presented an item as an April Fool's joke. Mayor
Jablin reported on the excellent work done by the Shriners.
William Helfdon asked for help with a code enforcement problem. Staff indicated they were working
on the problem.
CONSENT AGENDA:
Councilmember Levy requested that item (b) Resolution 21, 2004 be pulled. Councilmember Clark
made a motion to approve the Consent Agenda with the exception of Resolution 21, 2004.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/1/04 g
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following
items were therefore approved on the Consent Agenda:
a. Consideration of approving Minutes from the March 4, 2004 Regular City Council
Meeting.
c. Resolution 77, 2004 — Continue Agreement with Enterprise Fleet Services to lease unmarked
vehicle for the Police Department. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the renewal of the Master Lease Agreement between the
City of Palm Beach Gardens and Enterprise Fleet Services for the leasing of unmarked police
vehicles; and providing an effective date.
d. Resolution 82, 2004 - Contract to the Gordian Group for Building Modifications to
Riverside. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding a piggyback contract for building modifications to the existing Riverside
Community Center to the Gordian Group; and providing an effective date.
e. Resolution 86, 2004 — Banyan Place Plat. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the Banyan Place Plat; and providing an effective
date.
E Proclamation — Fair Housing Month
Resolution 21, 2004 — Appointment of Regular and Alternate P &Z Commission Members. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the
appointment of Mr. Michael Panczak as regular member and Mr. Charles Bender as alternate
member to the Planning and Zoning Commission of the City of Palm Beach Gardens for a term
expiring on January 18, 2005; providing for an effective date. Councilmember Levy commented
he felt the proposed applicants and their resumes should be discussed and advised it was his
understanding that several new applications had not been included. Mayor Jablin advised he
would like to approve this Resolution 21, 2004 for appointment of one regular member by
moving Mr. Michael Panczak from alternate to regular member and to hold other appointments
in abeyance. Councilmember Russo expressed concern regarding real estate related members on
this board and expressed his opinion these were both qualified people and he felt neither should
be appointed rather than appointing only one, and that the entire board should be looked at to
determine if changes should be made. Growth Management Director Charles Wu advised the
board could continue to function with six regular members and that Mr. Panczak would sit as the
seventh member in his position as alternate. Councilmember Delgado commented Mr. Panczak
had been alternate for a year and Mr. Bender's application had been on file for some time, and
she felt these appointments should be made. City Attorney Tatum advised the terms of all the
boardmembers would expire in January. Councilmember Clark proposed withholding action on
Resolution 21, 2004 to allow time for discussion on this matter another day. Discussion ensued.
Consensus was to bring this back for consideration. Resident Sid Dinerstein recommended
Charles Bender for a position on the board and reported there was a group making phone calls
which had instigated this requested delay. Charles Bender commented that he was qualified and
appointment should be based on the qualifications, and requested a vote tonight. Mike Sabatello
recommended Charles Bender for the position. Michael Panczak also recommended Mr. Bender,
and reminded City Council they had appointed him as a regular member 15 months ago and he
had been made alternate because the term of John Glidden had been extended. Mr. Panczak
requested a vote be taken tonight. Consensus of the City Council was to place this item on the
agenda on April 15 for discussion and for a vote at the first meeting in May.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/1/04 4
RESOLUTIONS:
Resolution 99, 2004 - Opposing Senate Bill 1712 and House Bill 1161. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida opposing Senate Bill 1712 and House Bill
1161; and providing an effective date. Councilmember Clark made a motion to approve
Resolution 99, 2004. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Appointment of Council Liaisons to Internal, External and Special Project Advisory
Boards /Committees and Organizations - Consensus was obtained for appointment of staff
member liaisons to internal boards. City Manager Ferris announced those appointments would be
brought back by staff. The following liaisons were agreed upon: Intergovernmental Issues -
Liaison David Clark and Alternate Liaison Councilmember Delgado; Loxahatchee Coordinating
Council Liaison David Levy; Municipal League Designated Voting Member Ron Ferris; North
County Governmental Liaison Mayor Jablin; Northlake Boulevard Task Force Liaison Mayor
Jablin and the other appointee Mr. Wu, and to keep other staff appointees to the Task Force the
same; Seacoast Utility Authority City Manager Ferris; and MPO (Metropolitan Planning
Organization) Liaison Councilmember Clark, with Mayor Jablin as alternate. Consensus was to
make the Budget Oversight Committee a regular committee, which would be brought back and
codified. Gardens United was discussed and the City would keep in touch with them. Blue
Ribbon Committee had been dissolved. Economic Development Oversight Committee would
also be brought back and codified. GNA (Gardens Neighborhood Association) and Municipal
Complex Art Task Force had been sunseted. The Education Advisory Board would be brought
back for revamping for another year.
Settin the A eg nda — Mayor Jablin reported he had been responsible for setting the agenda, but
had no problem relinquishing that task. The City Manager and staff would now set the agenda.
Mayor Jablin requested meetings not extend more than four hours. Councilmember Russo
stressed operating should be under the Council Manager form of government and that staff
should not go out on their own and the whole Council should act together, and no one should act
out of their purview. Manager Ferris indicated if there was a question regarding his
determination between policies and administrative, he would place the item on the agenda. A
directive from the Council should be received before staff time was used on requests from
individual Councilmembers; however, staff would provide research for presentation materials. A
position should not be taken by one Councilmember without consulting the whole Council.
CITY ATTORNEY REPORT:
The City Attorney announced she and the City Clerk had prepared a handbook which had been
given to each member of the Council and would be distributed to each board and committee
member. The handbook explained the Sunshine Law, voting, and would serve as a guide to local
government.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/1/04 5
ADJOURNMENT:
There being no further business to discu§,j � tang was adjourned at 9:08 p.m
APPROVAL:
COUNCILMEMBER LEVY
ATTEST:
PATRICIA SNIDER
CITY CLERK