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