HomeMy WebLinkAboutMinutes Council 090804CITY OF PALM BEACH GARDENS
CITY COUNCIL
EMERGENCY MEETING
September 8, 2004
The September 8, 2004 Emergency Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 5:02 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, Vice Mayor Russo, and Councilmember Levy. The City Manager reported
Councilmember Delgado had called at 4:15 p.m. to state she was ill and could not attend tonight.
Mayor Jablin announced that this Emergency Meeting had been called because there were important
items that must be considered that had been scheduled at a regular meeting scheduled for September
7, 2004 which had been cancelled due to lack of a quorum. The regular meeting scheduled for the
previous evening did not have a quorum and since all Councilmembers had agreed to attend, a police
officer had been sent to the individual's home who did not show up and learned that individual was
ill. The Town of Lake Park Council had shown up and subsequently rescheduled their item to
October 7. Vice Mayor Russo stated for the record his flight had been delayed because of the
hurricane which was why he had not been able to attend; however, Mayor Jablin indicated that had
been known and because there would have still been a quorum the meeting was to have gone
forward.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy recognized residents who had helped at the hurricane distribution center
located at the North County Courthouse, and commented the best had been brought out in residents
during this disaster. Vice Mayor Russo thanked staff and everyone who had contributed during this
disaster. Mayor Jablin commented this had been a test for everyone and had been passed with flying
colors by all the staff and City Manager, and thanked everyone. Mayor Jablin thanked Frank and
Herman of Boulevard Restaurant who had been feeding City staff for the past three days.
Proclamations were recommended for those who had helped. A bar -b -que to thank the City workers
was suggested.
CITY MANAGER REPORT:
Fire Chief Bergel, EOC Manager, provided a synopsis of highlights accomplished by staff over the
past week. On September 2nd, essential personnel had been called in. Chief Bergel noted activation
of the emergency center, creation of damage assessment teams, and initiation of debris clearance.
Boulevard Restaurant and Marriott Hotel were recognized for providing food for employees. Police
had worked 10 -hour shifts; curfews had been established. Traffic flow at the North County
Courthouse distribution center had been designed by the Police Department, which became a model
for other centers. Nine hours after the storm, streets were completely passable; traffic lights were
being repaired; debris pickup would begin the next day. A FEMA center was open at Burns Road
Community Center. Damages, evacuations, etc., were reported. Chief Bergel reported an outstanding
job by staff. Improvements over the past three years to the city's canals had resulted in no flooding
within the city. The City Manager reported the city would be reimbursed by FEMA for hurricane
costs.
COMMENTS FROM THE PUBLIC: Linda Hughey reported Gardens United had planned a 9/11
service which had been delayed, but a bar -b -que would bring people together, and she had never seen
such camaraderie and cooperation.
CONSENT AGENDA: Councilmember Levy moved approval of the Consent Agenda. Vice Mayor
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CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 2
Russo seconded the motion, which carried by unanimous 3 -0 vote.
a. Approve Minutes from August 5, 2004 regular City Council meeting.
b. Approve Minutes from August 16, 2004 Joint City Council meeting with the Town of
Lake Park.
C. Approve Minutes from August 18, 2004 Special Meeting.
d. Resolution 166, 2004 -- Approve a renewal agreement with Glatting Jackson Kircher
Anglin Lopez Rinehart, Inc. to provide Professional Park Planning and Design
Services. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving a renewal and amendment to an agreement for professional park
planning and design services between the City of Palm Beach Gardens and Glatting
Jackson Kircher Anglin Lopez Rinehart, Inc.; and providing an effective date.
e. Resolution 177, 2004 — Approve a Work Authorization and Notice to Proceed to
Murray Logan Construction, Inc., A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a work authorization and notice to proceed
to Murray Logan Construction, Inc. based on its existing annual public works
contract dated May 6, 2004, for the restoration of the Thompson River Canal, from
Vision Drive to Hickory Drive, City Project No. 2003 - 007 /Sotrm -Water System
Improvements, Phase III; and providing an effective date.
f. Resolution 171, 2004 — Agreement for Professional Engineering and Surveying
Services between the City of Palm Beach Gardens and LBFH, Inc. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving an agreement
for professional engineering and surveying services between the City of Palm Beach
Gardens and LBFH, Inc.; and providing an effective date.
PUBLIC HEARINGS: The following items had been scheduled for the previous evening's meeting
which had to be cancelled due to lack of a quorum: Mayor Jablin read aloud the following items:
Part I — Quasi Judicial
Ordinanee of the City Couneil of the City of Palm Beneh Gairdens, Florida amending
Ordinattee 22, 1993 relating to the Sanetuaff Planned Unit Development (PUD) to transfer the
master plan approval and related eenditions to a separate Resolution; and providing an
effeetive date-.
Reseltifien > > 2004 afld will feqttir-e Ceti
Reseltifien > 2004 The Sanetuafy PBG 140A,
Read, Plafined Unit Development (PUD) ieea4ed en the Nefth side e,41�--ed R — d --iffiately 1,500 feet.
>
The advertisement was published on August 23rd. Due to advertising requirements; this item
must be rescheduled and re- advertised before Council action can be taken. Additionally,
individual notices will need to be re -sent to all residents. Approximate Cost: $243.00 for legal
ad and $813.28 for individual mailings to 184 residents.
Ordinanee 26, 2004 (Ist Readhig) An Ordinanee of the City Cetmeil of the City of Palm
Beneh Gardens, Florida amending or-dinanee 10, 1999 relating to the ViHtkge Square
Professional Park Phase 11 Planned Unit Development to transfer the master plan approva
CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 3
and related eenditions to a separate Resolution; and previding an efleetive -
ReseltAieft 164, -2004 is k iteffi to Ofdinanee 26, 2004 and will r-eqtfir-e Cou
Resolution 164,2004 A Resolution of the City Couneil of the City of Palm Beneh Gardeft'a,-
Florida ap. . — imendment to the Village Square Professional Park Phase 11 Planned
Unit Development (PUD) leented on the West side of Prosperity Farms Road South of
inter-seetion with RCA Boulevard—, as more partiettlairly deseribed herein; providing fo
—r-oviding for- eenditions of approval; and providing an effeetive date.
Reselutieft172,2004 RalmBeaeh Gar-dens Mediealft-Alion Sign Waiver. A Resolution of the
City Couneil of the City of Palm Beaeh Gardens, Merida providing for approval of a waiver
from City Code Seetion 78 285, permitted signs, to allow for- the installation of a prineipfa
tenant sign on the third floor at the Palm Beneh Gar-dens Medieul Pavilion, whieh is leefited
within the Regionn! Center Planned Community Distriet, 174 of a nifle West front the
providing for a waiver; and providing an effeetive •
Part II — Non -Quasi Judicial
Oeteber- 1, 2003 to Septeffibef 30,2004. An Ofdinanee of the Gity GetHieil of the Gity of Palm Bea-eh
Oetebef 1, > and ending Septembef 30,2004, inelusive;
The required 14 -day advertisement was published on August 24th. A new 14- day legal
advertisement will need to be published at a cost of $189.00. Due to advertising requirements,
this item must be rescheduled and re- advertised before Council action can be taken.
•
The required 14 -day advertisement was published on August 24th. A new 14 -day legal
advertisement will need to be published at a cost of $189.00. Due to advertising requirements,
this item must be rescheduled and re- advertised before Council action can be taken.
Or-dinffiee 37, 2004 Budget fef Fiseed Yeaf 2004/2005. (1" feading) An Ofdinanee ef the City
Getifteil ef the City ef Palffi Beaeh GaMens, Flefida adepting a budget fer- the City ef Palm Bea
> ;
Notice of this hearing was furnished to all of the residents of Palm Beach Gardens on their
TRIM Notice. City staff is communicating with the State Department of Revenue and the Palm
Beach County Property Appraisers Office to determine the necessary remedial advertising
necessitated by the failure to hold this meeting on September 7th due to lack of quorum. State
law requires that the 1St reading of the budget be between September 3rd and September 18th. It
will therefore be necessary to re- schedule a meeting prior to September 18th, which meeting
date cannot be held on September 16th or September 17th due to scheduling conflicts with the
County and School Board. Cost of remedial advertising is undetermined but will be at least
$650.00 for the display ad.
CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 4
This comprehensive plan amendment was advertised as a display ad on August 23'd at a cost of
$650.00 and will need to be re- advertised at least 7 days prior to the rescheduled meeting. If
this transmittal hearing is not held prior to the end of September, it will not be possible for this
amendment to be considered until calendar year 2005, due to statutory restrictions on
comprehensive plan amendments.
THE MINIMUM COST OF RE- ADVERTISING ALL OF THE ABOVE IS $2,734.28
RESOLUTIONS:
Resolution 198, 2004 — a Resolution of the City Council of the City of Palm Beach Gardens, Florida
postponing the run -off election date to fill the vacancy in Council seat # 1 from September 14, 2004
until November 2, 2004; and providing an effective date. Mayor Jablin read Resolution 198, 2004 by
title and also read aloud the following announcement:
It is urgent that the run -off election date be modified prior to Friday, September 10th. As of
September 8th, staff is aware of at least 6 polling locations that are unavailable or availability
cannot be confirmed. Additionally, with major power outages and lack of phone service
throughout the City, it is not possible to make contact with the 115 poll workers. Additionally,
the voting equipment has not yet been picked up by the SOE to be recalibrated in time for a
September 14th run -off election. There are several constraints with regard to rescheduling the
election. It is likely that the voting machines will not be available for use by the City due to the
L & A testing that must be performed by the SOE in preparation for the November 2nd
General Election. As a result, it would then become necessary for the City to design and utilize
an alternative voting method such as paper ballots. Rescheduling the run -off election to
November 2nd will eliminate the need to use an alternative voting method and will save
approximately $30,000, which could be better used toward the disaster recovery process
caused by Hurricane Frances. The City has incurred a cost of $3,200.00. $2,200.00 for the
required publication of election notices in the Palm Beach Post and $1,000.00 for the required
publication of the election notices in LaPalma, which is the Spanish version required by law.
The City Attorney explained it was impossible to comply with the election requirements and the
earliest date it could possibly be held was the 281h or 29th of September but it was unknown if the
Supervisor of Elections could provide recalibrated machines by that date; therefore, November 2nd
had been determined as the earliest time an election could be held with voting machines available. It
was noted a 4- person council could continue until November 2nd, and more people would be
available to vote on November 2nd, as well as a $30,000 savings to the city. Discussion ensued. It
was clarified it was staff's recommendation to hold the election on November 2 °d. The candidates
were present and favored the November 2nd date. Councilmember Levy made a motion to approve
Resolution 198, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 3 -0
vote.
ORDINANCES:
Ordinance 40, 2004 - An Ordinance Of The City Council Of The City Of Palm Beach Gardens,
Florida, Relating To The Construction, Reconstruction And Repair Work On Structures Damaged By
Hurricane Frances; Authorizing The City Manager To Implement Necessary Modifications To The
Building Permit Process; And Providing An Effective Date. The City Clerk read Ordinance 40, 2004
on first reading by title only. The City Attorney explained that this was an emergency ordinance and
as such would go into effect with only one reading. Discussion ensued regarding a sunset date; the
Mayor explained this was only specific to reconstruction caused from damages by Hurricane
CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 5
Frances, and would only expedite the process on those projects, therefore effectively providing
sunsetting. This Ordinance was proposed since the building division anticipated that an extraordinary
number of building permits would be necessary to accomplish repairs and reconstruction of
structures damaged in the hurricane. This emergency ordinance would authorize the City Manager to
take whatever steps were necessary to modify the building permitting process to ensure the timely,
efficient, and safe recovery efforts in the City. Vice Mayor Russo moved approval of Ordinance 40,
2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 3 -0 vote. Attorney Tatum was thanked for her initiative in coming up with the idea for
this ordinance.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Rescheduling the the Re lu ar City Council Meetings for the month of September. Mayor Jablin read the
following announcement: In order to adopt the City's budget for fiscal year 2004 -2005, it will be
necessary to have 2 meetings prior to the end of September. Due to advertising requirements, it will
not be possible to utilize the previous meeting date of September 21 St. It will have to be cancelled; it
is therefore necessary to schedule a regular meeting on either September 14th or September 15th and
another regular meeting on September 28th. Vice Mayor Russo made a motion to cancel the meeting
date of September 21, 2004. Councilmember Levy seconded the motion, which carried by
unanimous 3 -0 vote. Councilmember Levy made a motion to reschedule a regular meeting on
September 14th and another regular meeting on September 28th. Vice Mayor Russo seconded the
motion, which carried by unanimous 3 -0 vote. Vice Mayor Russo asked if all this was a result of not
having a quorum the previous evening, which was confirmed. Mayor Jablin reported the meeting for
the previous evening was also to have included a joint meeting with the Town of Lake Park, and they
had been able to open their portion of the meeting and continue the advertised public hearing to
October 7, 2004. The City of Palm Beach Gardens had been unable to open their meeting due to lack
of a quorum, so would incur costs of re- advertising the public hearing. By consensus the starting
times of the meetings of September 14 and September 28 were set for 6:00 p.m.
CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/$/04 6
ADJOURNMENT:
There being no further bu:
APPROVAL:
ATTEST:
PATRICIA SNIDER
CITY CLERK
I, p.m.
COUNCILMEMBER LEVY