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HomeMy WebLinkAboutMinutes Council 093004CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING September 30, 2004 The September 30, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:36 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 who arrived at 6:37 p.m., Councilmember Delgado, and Councilmember Levy. ADDITIONS, DELETIONS AND MODIFICATIONS Mayor Jablin announced an addition under the Consent Agenda of Resolution 201, 2004 — Keep Palm Beach County Beautiful Grant Application. Deletions under the Consent Agenda were Resolution 173, 2004 Approving the Shops of Donald Ross Replat of Tract "a" Plat and Resolution 175, 2004 Approving The PGA National Shops on the Green Plat, which the applicant had requested be moved to the October 21, 2004 meeting. The following Resolutions were requested to be moved to immediately follow the consent agenda: Resolution 182, 2004, Resolution 179, 2004, Resolution 180, 2004, Resolution 181, 2004, Resolution 183, 2004, Resolution 184, 2004, and Resolution 185, 2004. Approval of the requested additions, deletions and modifications was moved by Councilmember Levy. Vice Mayor Russo seconded the motion, which carried by unanimous 4 -0 vote. ITEMS OF RESIDENT INTEREST: Councilmember Delgado provided an update on the elementary school crime prevention program, which was on schedule to begin and would replace the D.A.R.E. program. Councilmember Levy reported Janet Anderson had written a grant and invited her to speak. Ms. Anderson, Assistant Principal at Grove Park Elementary, advised she had written a comprehensive school reform grant for $435,000 to implement reading programs for kindergarten through 5th grade and had been notified the grant had been approved. Vice Mayor Russo complimented staff on a great job during the hurricane and requested discussion be scheduled during October or November of what had happened. Traffic light outages were discussed. Mayor Jablin read aloud a letter from Linda Hughey expressing deepest appreciation for the work of all City staff during the hurricane, and complimenting Charlotte Presensky for her leadership. The Mayor reported receipt of many other letters and e -mails which echoed Ms. Hughey's thoughts. CITY MANAGER REPORT Todd Engle, Construction Services Director, provided a damage assessment report from Hurricane Jeanne totaling an estimated $35 -$45 million. Vice Mayor Russo gave credit to revised building codes following Hurricane Andrew by which newer construction had held up better than older homes, and suggested a low cost governmental program to update older homes. COMMENTS FROM THE PUBLIC Joan Elias, 1009 Diamond Head Way, thanked the whole staff for their work during the hurricane. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 2 CONSENT AGENDA: Councilmember Delgado made a motion to approve the consent agenda without item "a ". Vice Mayor Russo seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the consent agenda: b. Resolution 178. 2004 — Temnorary closings of state roads for special events. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager or his designee to authorize and apply for state permits for temporary closings of state roads for special events; and providing and effective date. C. Resolution 187, 2004 — Revised Local Mitigation Strategy n. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the adoption of the revised unified Palm Beach County local mitigation strategy plan; and providing an effective date. d. Resolution 189, 2004 — Interlocal Agreement with Solid Waste Authority. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with the Solid Waste Authority of Palm Beach County for the delivery of municipal solid waste to a designated facility; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. e. Resolution 201, 2004 — Keep Palm Beach County Beautiful Grant Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, supporting the submission of an application for grant funding through Keep Palm Beach County Beautiful, Inc. for median beautification on S.R. AIA from Loop Road North to PGA Boulevard and on Loop Road from S.R. AIA North to PGA Boulevard; and providing an effective date. Councilmember Levy explained he had requested item "a" of the consent agenda be pulled, and would like an explanation of why this contract should be renewed at the proposed amount: a Resolution 169, 2004 - Addendum II to the agreement with Total Maintenance Building Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute Addendum II to the Agreement with Total Maintenance Building Services, Inc. for landscaping maintenance services; and providing an effective date. Jack Downey, Community Services, explained this was a renewal of a bid which had grown over the past three years to include maintenance from some developments, for which the City was reimbursed. Mowing of different areas was discussed. Councilmember Levy made a motion to approve Resolution 169, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 4 -0 vote. COMMENTS FROM THE PUBLIC: Brad Goldstein, Prosperity Oaks Court, commented he and neighbors were present tonight because another neighbor had felled eight large oak trees on the eve of the hurricane, some of which were over 100 years old, and left them on the street for the debris to scatter. The City Forester was not consulted and the nature of this neighborhood had been changed dramatically. Mr. Goldstein read a deed restriction which he felt should give the City Forester leverage in this situation. Mark Hendrickson, City Forester, indicated he and the CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 3 attorney would look at the document, but if it had been on private property it might be a homeowner association issue. Lucy Crowley, another neighbor, also expressed her concerns. Mayor Jablin indicated the City would do everything they could to prevent this from happening again and to hold the parties involved responsible. RESOLUTIONS: Sheryl Stewart, Assistant to the City Manager, provided history and background for the following resolutions. Each resolution was presented tonight with a recommended list of members in accordance with new criteria. Vice Mayor Russo expressed concern that resumes had not been provided to the City Council and also concerns regarding various boards. Councilmember Delgado expressed concern that others had applied for the positions but if staff did not recommend them, their applications had not been provided, and asked why the Budget Oversight committee was limited to three members, which was discussed. Both Vice Mayor Russo and Councilmember Delgado expressed concern with the overall process. The resign to run provision was explained by the City Attorney, that it could not be included because it was preempted by state law. Resident David Porter, present Chair of the Art Advisory Committee, commented he had not been recommended to be retained and had not been notified, expressed concern that continuity was important in this committee, and urged the City Council to reconsider the recommended changes to this board. Mayor Jablin apologized, but felt the new system was good to de- politicize the process, and had asked Mr. Porter to continue work on the art for the flyover, chairing a separate committee for that purpose. The Vice Mayor felt the City Council should have been involved in the whole committee process, but now should either support the entire staff recommendation or not. The City Manager reviewed how staff had made selections. Diane Capella, Birdwood Street, expressed her opinion Mr. Porter should continue as Chair of the Art Advisory Committee. Dennis Solomon, PGA National, suggested appointing Mr. Porter as an ex- officio member of the committee for one year. Charles Wu explained the criteria used by staff for the selection process. During discussion of why Mr. Bender had not been appointed, staff reported he had not applied, but could apply after one year and that Mr. Porter could also do so. It was decided to continue this discussion at a later time. Resolution 182, 2004 — Appointment of members to the Planning, Zoning and Appeals Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Planning, Zoning and Appeals Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 182, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 179 2004 — Appointment of members to the Art in Public Places Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Art in Public Places Advisory Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 179, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 180 2004 — Appointment of members to the Community Aesthetics Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Community Aesthetics Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice Mayor Russo made a motion to CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 4 approve Resolution 180, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 181, 2004 — Appointment of members to the Parks and Recreation Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members of the Parks and Recreation Advisory Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 181, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 183, 2004 — Appointment of members to the Economic Development Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Economic Development Advisory Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 183, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 184, 2004 — Appointment of members to the Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Budget Oversight Committee pursuant to Resolution 121, 2004; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 184, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 185, 2004 — Appointments to the Education Advisory Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Education Advisory Committee pursuant to Resolution 120, 2004; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 185, 2004. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. Following a short break, the meeting was reconvened. PUBLIC HEARINGS: Part I — Non -Ouasi Mayor Jablin announced he would not open the public hearings since they were all open from the last meeting. Ordinance 33, 2004 — (2nd reading and adoption). Amendment to the budget for Fiscal Year beginning October 1, 2003 to September 30, 2004. 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. Finance Director Owens indicated no changes since first reading. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Russo made a motion to place Ordinance 33, 2004 on second reading and adoption. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 34, 2004 — (2nd reading and adoption). Compensation of Council Members. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to compensation of Council Members; creating a new Section 2 -36, Code of Ordinances to be entitled "Compensation of Mayor and Council "; providing for codification; and providing an effective date. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado reported phone calls expressing concern regarding CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 5 insurance for the Council members. Staff answered questions regarding insurance. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy made a motion to adopt Ordinance 33, 2004 on second reading with the amendment changing the language to be eligible for insurance from "after completion of their term of office ", to state "after completion of at least one full three -year term of office ". Vice Mayor Russo seconded the motion, and advised when this was first brought up he did not agree with the amount, but agreed to abide by the decision by the other members and he thought everyone should vote for this because an increase was needed. Councilmember Delgado agreed and stated she still had a problem with the insurance part but not the salary and she would vote for this. Motion carried by unanimous 4 -0 vote. Resolution 161, 2004 — Adopting a Tax Lew and Millar. A Resolution of the City Council of the City of Palm Beach Gardens, Florida adopting a tax levy and Millage rate for the City of Palm Beach Gardens for the fiscal year commencing October 1, 2004, and ending September 30, 2005; directing the City Clerk to forward a Certified Copy Of This Resolution To The Property Appraiser And Tax Collector Within Three (3) Days After Its Adoption; And Providing An Effective Date; and Ordinance 37, 2004 -- Budget for Fiscal Year 2004/2005. (2nd reading and adoption). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2004, and ending September 30,2005; and providing an effective date. Finance Director Owens provided background information for Resolution 161, 2004 and a budget presentation for Ordinance 37, 2004, including information on the golf course which had been requested by Vice Mayor Russo. It was announced this was a public hearing opened on September 28. Joan Elias, 1009 Diamond Head Way, commented this was the first year many people were not present complaining about the budget, indicating staff was doing a good job. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Russo made a motion that the City of Palm Beach Gardens propose to adopt the final millage rate of 6.026 mills which exceeds the rolled back rate of 5.2829 mills by 9.18 %. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. Vice Mayor Russo made a motion to approve Resolution 161, 2004 setting the final millage rate of 6.026 mills. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Vice Mayor Russo made a motion to approve Ordinance 37, 2004 on second reading adopting the final budget for 2004/2005. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 38, 2004 — (2nd reading and adoption). Revised Impact Fee. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Division IV of Chapter 78, Code of Ordinances entitled "Citywide Impact Fees" to update impact fees pursuant to Section 78 -95, Code of Ordinances; providing for codification; and providing an effective date. Mayor Jablin stated the public hearing remained open. Changes were a recommendation extending the effective date to November 1, 2004 and a recommendation to provide an explanation of credit provisions within the table. Scott Worley, representing Gold Coast Builders Association and the Realtors Association of Palm Beach County, expressed concerns regarding timing of the increase, and made recommendations for changes including phasing. Hearing no further comments, Mayor Jablin declared the public hearing closed. Following lengthy discussion, consensus was to delay the effective date to December 1, 2005, with 45 days to issue a building permit. The City Attorney read into the record the CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 6 following language: This ordinance shall become effective immediately upon adoption; however, the revised fee schedule shall apply to all substantially completed applications received prior to December 1, 2004, provided that a buildingpermit is issued within 45 days of application. Councilmember Delgado made a motion to place Ordinance 38, 2004 on second reading and adopt it with the change read into the record by the City Attorney. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 36, 2004 — Proposed Annexation for a 61.9 Acre Parcel off of Northlake Boulevard (1" reading . An Ordinance of the City Council of the City of Palm Beach Gardens, Florida annexing, pursuant to a petition for voluntary annexation, a parcel of real property comprising of total of 61.9 acres, more or less, located on the North side of Northlake Boulevard approximately one -half (0.5) miles West of the intersection of Northlake Boulevard and Coconut Boulevard, in Palm Beach County, Florida, which is more particularly described herein; declaring that the voluntary annexation petition bears the signature of the owner of the real property annexed hereby; amending Article II of the City Charter by redefining the corporate limits; and providing an effective date. Consensus was a presentation was not desired. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy moved adoption of Ordinance 36, 2004 on first reading by title only. Vice Mayor Russo announced he would not vote for this because he believed it was going to vest other property owners and it was urban sprawl. Motion carried 3 -1. Resolution 157, 2004 — Large Scale Land -Use Amendment for a 61.9 Acre Parcel off of Northlake Boulevard. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the transmittal of an amendment to the future land use map of the Comprehensive Plan of the City of Palm beach Gardens relating to certain property consisting of approximately 61.9 acres, generally located on the North side of Northlake Boulevard approximately one -half (0.5) miles West of the intersection of Northlake Boulevard and Coconut Boulevard, to change the land use designation from Palm Beach County rural residential 20 (RR20) to City of Palm Beach Gardens residential very low (RVL); and providing an effective date. Mayor Jablin announced this public hearing had been opened Tuesday night. There were no comments from the public. Mayor Jablin declared the public hearing closed. Councilmember Levy moved approval of Resolution 157, 2004. Councilmember Delgado seconded the motion. Vice Mayor Russo indicated he felt the land use designation of land brought into the city should be RR20 and not RVL. Motion carried 3- 1 with Vice Mayor Russo opposed. Resolution 158, 2004 — Transmittal of Comprehensive Plan Text Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the transmittal of text amendments to the future land use element of the Comprehensive Plan of the City of Palm Beach Gardens relating to rural residential land use categories and providing an effective date. Mayor Jablin announced the public hearing was still open; hearing no comments from the public, the Mayor declared the public hearing closed. Councilmember Levy moved approval of Resolution 158, 2004. Councilmember Delgado seconded the motion, which carried 3 -1 with Vice Mayor Russo opposed. Resolution 186, 2004 — Economic Development Element. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the transmittal of a new Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan; and CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 7 providing an effective date. Mayor Jablin announced the public hearing was still open; hearing no comments from the public, the Mayor declared the public hearing closed. Councilmember Levy moved approval of Resolution 186, 2004. Vice Mayor Russo seconded the motion, which carried 4 -0. Part II — Quasi Judicial The City Clerk swore in all those present who intended to offer testimony in these cases. Ordinance 31, 2004 — Batt Private School — (2nd reading and adoption) reconfigure entrance drive and retention pond. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 16, 2002 relating to the rezoning for the Batt School Planned Unit Development (PUD) to transfer and amend the conditional use approval, site plan approval, and related conditions through a separate resolution; and providing an effective date. There were no ex -parte communications reported regarding the Batt Private School. Mayor Jablin announced the public hearing was still open; hearing no comments from the public, the Mayor declared the public hearing closed. Councilmember Delgado moved adoption of Ordinance 31, 2004 on second reading. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. Resolution 145, 2004 - Batt Private School transfer approval of the site plan, waivers, and documents with a minor amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the development plans for the Batt School Planned Unit Development (PUD), generally located on the North side of Hood road, West of the Interstate 95 overpass, and East of the Ronald Reagan Turnpike overpass, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The public hearing remained open; hearing no comments from the public Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to approve Resolution 145, 2004. Councilmember Levy seconded the motion. Motion carried by unanimous 4 -0 vote. CITY ATTORNEY REPORT: City Attorney Tatum reported the Village of Wellington was looking for support in a challenge of the county's proposed annexation referendum, which would be presented at the next meeting. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 8 ADJOURNMENT: There being no further business to disc meeting was adjourned at 9:46 p.m. APPROVAL: COUNCILME BER LEVY ATTEST: PATRICIA SNIDER CITY CLERK