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HomeMy WebLinkAboutMinutes Council 050505CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 5, 2005 The May 5, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:07 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Heather Donogan, Mayor for the Day, and opened with the Pledge of Allegiance. Mayor Russo called for a moment of silence in observance of Prayer Day. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. ADDITIONS, DELETIONS, AND MODIFICATIONS: Mayor Russo announced the following proposed additions under announcements and presentations: Police Chief Stephen Stepp re: sexual predators; Eric Holt, Information Technology, re: Growth Management application online and Building permit online; Patty Snider, City Clerk, re: public records requests; and under City Attorney Report, draft ordinance re: lobbyist registrations. Vice Mayor Jablin made a motion to accept the proposed additions as stated by the Mayor. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Palm Beach Gardens High School First Responder Students — A power point presentation of field trips and activities with the pre -med students was presented. Patches were presented to the students. Recognition of William T. Dwyer High School Basketball Team — Rick Audet, Community Services Division, recognized the members of the Panthers team for their accomplishments this year. Coach Ross thanked the City and presented to the Mayor a basketball with all the kids' signatures on it. Mayor for the Day Heather Donogan presented the team with a certificate commemorating their accomplishments. Mayor for a Day from Temple Beth David — Mayor Russo complimented Heather Donogan, Mayor for a Day, and presented her with a certificate. Annual Audit Report — Finance Director Allan Owens introduced Chuck Haas, partner with the firm of Rachlin Cohen and Holtz, who presented the annual audit report. A clean opinion had been issued, they had no disputes with management, and their proposed adjustments had been agreed to by management. Mr. Haas reviewed the financial highlights brochure and offered to meet individually with any member of the Council to discuss the audit, and commended staff on operation of the Finance Department. RE -ORDER AGENDA Vice Mayor Jablin made a motion to place the department presentations next. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Department Presentation — Community Services — Capital Improvement Projects — Staff member Angela Wong provided information on the improvements at Lake Catherine, MacArthur Boulevard beautification, roadway median beautification, traffic signals, PGA Flyover construction and artwork, City gateway signs, stormwater improvements, City parks, tennis center expansion project, Ilex Circle green space, Thompson River linear park, Lilac Street park, a dog run at Lilac park, land donated by FPL for a nature/boat access park, and Burns Road Community Recreation Campus. CITY OF PALM BEACH GARDENS REGULAR MEETING, 515105 2 Sexual Predators Program — Police Chief Stephen Stepp described the City's program dealing with sexual predators and offenders in the City - a total of twelve. Enhancements to City Web Site - Eric Holt, Information Technology, described new features of the web site, including current development projects, building permits, and business information from occupational licenses. Public Records Requests — City Clerk Patty Snider described methods that could be used to make public records requests, including a fillable form on the website home page that went directly to Public Information Coordinator Susan Bell. This had been done in response to the volume of requests. Standard turn around time for requests was five days. ITEMS OF RESIDENT INTEREST: Councilmember Levy reported on Take Your Children to Work Day at the City, and the employees' picnic at Carlin Park. Mr. Valache reported two meetings with Winchester Courts residents. A sound engineer was to measure noise levels, and aesthetics of the bridge had been discussed. Mr. Valache invited everyone to attend a Holocaust remembrance on Sunday, May 15, and commended the Palm Beach Post for their reports on the holocaust. Councilmember Valache expressed hope residents would think about people who had had really grave problems and how lucky we are today. Vice Mayor Jablin commented it had been 60 years since liberation of the camps, and he had gone to several temples commemorating that this week, and a close friend had written a book on his experiences in the camps. Vice Mayor Jablin thanked Clay Shaw for introducing a bill to make 527's transparent, and expressed hope that would be done statewide next year. Vice Mayor Jablin reported he had attended Northern's budget committee, where they talked about a G 160 structure - a flexible gate. This still needed several approvals. City Engineer Dan Clark clarified the gate would be on the C -18 canal north of Mirasol, and the purpose was to hold water back during the wet season and to have continuous release down the river during the dry season. The Vice Mayor reported he had attended a meeting of Northlake Task Force, and in the next five months changes would be seen on the east side of Northlake Boulevard. Charles Wu described the progress of the project. Mayor Russo reported he met with City Engineer Clark that morning at Bent Tree, to address the issue of water not being retained. Mayor Russo reported a resident had expressed an opinion that the pledge of allegiance should not be made at City meetings, to which Mayor Russo was sending a letter of response that the pledge would continue, but if anyone did not want to say it they did not have to participate. Mayor Russo thanked everyone for the retreat, which he felt was a big success. Mayor Russo reported at the last intergovernmental meeting he had suggested an updated North County Planning Forum when it was known for sure Scripps was going to Mecca, and he wanted all North County neighbors and residents to be involved. CITY MANAGER REPORT: City Manager Evaluation - Resolution 70, 2005 — City Manager Contract Renewal. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended employment agreement between Ronald M. Ferris and the City of Palm Beach Gardens; and providing an effective date. The City Manager distributed a handout changing the anniversary date to June I with annual review performed in June instead of February, and described changes made from the current contract. Each member of the Council made comments. Difficulty in evaluating the City Manager was expressed. Councilmember Barnett indicated she had issues with the contract. Mayor Russo announced goals would be set for the City Manager going forward. Public Comments: Tom Sosey, 149 Bent Tree, proposed CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/5/05 3 using the ICMA evaluation form. Bob Davis, General Manager of BallenIsles Community Association, expressed thanks to the Manager and Council for their efforts during and after the hurricane. Vito DeFrancesco, Shady Lakes, commented the City Manager should get the average salary for a City Manager in this area plus or minus 10 %. In his research, the City of Palm Beach Gardens was at the top of the curve for Florida, so the Council would be raising the curve if they raised his salary. Marilyn Jacobs, 16 Bermuda Lake Drive, indicated from her experience she believed Mr. Ferris had done a stellar job, and complimented the City on their work after the hurricane. Paul Auerbach, Gardens of Woodberry, felt the new City Council members should have time to make a proper evaluation of the City Manager's work, commented legal problems with the contract had been pointed out, and suggested a professional evaluation by every member, and to test the goals. Mr. Auerbach asked each to think about a proper evaluation and proper salary with review by a third party, and to make a decision based on facts. Joan Elias, Diamondhead Way, commented on disastrous events in the past and stated Mr. Ferris had healed the City, and expressed her opinion the City needed professional staff, and that Mr. Ferris should get at least 4 -1/2% or 5 %. There were no further comments by the public. The City Manager presented salary surveys for other municipalities. Vice Mayor Jablin made a motion to evaluate Mr. Ferris for his last year's performance at the level to retain him with a 6% raise. Motion failed for lack of a second. Councilmember Levy made a motion to evaluate Mr. Ferris a 4 -1/2 and give him a raise accordingly. Councilmember The motion was seconded, and carried by unanimous 5 -0 vote. Councilmember Barnett indicated she felt Mr Ferris was doing a good job, but she could not support the contract, and highlighted her areas of concern. The other four members of the City Council indicated they were okay with the contract as submitted. Vice Mayor Jablin moved approval of Resolution 70, 2005, with the salary compensation figure plugged in at $168,868.86. Councilmember Levy seconded the motion, which carried 4 -1, with Councilmember Barnett opposed. Vice Mayor Jablin made a motion that the pay raise for the City Manager be retroactive to February 1. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC: Vito DeFrancesco, Shady Lakes, reported he asked the City Clerk's office for the right -of- way of Kyoto Drive, to which the response had been 120 feet; but the deed and staff report indicated it was 110. Since the comprehensive plan required it to be 120 feet in order to have four lanes, Mr. DeFrancesco requested work on the road be stopped until the issue was resolved, or that a two -lane road be constructed. The City Engineer responded right -of -way size could be less than 120 feet under the comprehensive plan. Attorney Mike Wolf, from Sunrise, reported his client wished to open an amusement arcade, for which he had requested a zoning determination two months ago, but the City was asking legal questions for which he felt there was no basis. The City Attorney indicated she would call him the next day and that he did need to provide the information the City had requested to determine whether the use was legal. CONSENT AGENDA: Councilmember Valeche made a motion to approve the Consent Agenda as submitted. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following items were approved on the Consent Agenda: a. Resolution 60, 2005 - Approve a financial assistance agreement as part of the Keep Palm Beach County Beautiful Grant Program. A Resolution of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/5/05 4 Council of the City of Palm Beach Gardens, Florida approving a Financial Assistance Agreement with Palm Beach County for Median Beautification on Northlake Boulevard from the Florida Turnpike East to Green Meadows Way as part of the Keep Palm Beach Beautiful Grant Program; and providing an effective date. b. Proclamation — Days of Remembrance C. Proclamation — Civility Month Following a short recess, the meeting was reconvened. PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo described quasi judicial procedures. The City Clerk swore in all those intending to testify in tonight's cases. Ordinance 13, 2005 - (2 "d reading) Waterford Hotel Planned Unit Development (PUD) amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 44, 2005; and providing an effective date. An update was provided by staff of what had occurred since the last reading. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Ex -parte communication was reported by Councilmember Levy who had spoken to David Talley, who told him things had been worked out with Twelve Oaks. Councilmember Valeche made a motion to adopt Ordinance 13, 2005 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD) amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Waterford Hotel Planned Unit Development (PUD), which is located approximately 1 /101h of a mile South from PGA Boulevard on the East side of US Highway One, to allow for the inclusion of a 1,710- square -foot restaurant into the PUD, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 44, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 6, 2005 — (2"° reading.) LDR amendment- Conditional uses. Amend the Code of Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section 2 -147 entitled "Powers and Duties" to provide that further appeals from any final decision of the Planning, Zoning, and Appeals Board shall be made to the circuit court. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the powers and duties of the Planning, Zoning, and Appeals Board, the conditional use review process, the review of development order applications, application procedures, and permitted uses, conditional, and prohibited uses; amending Section 2 -147, Code of Ordinances entitled "Powers and Duties "; amending Section 78 -24, Code of Ordinances entitled "Development Review Committee "; amending Section 78 -43, Code of Ordinances entitled "Review of Applications for Development Order Approval "; amending Section 78 -46, Code of Ordinances entitled "Application Procedures "; amending Section 78 -52, Code of Ordinances entitled "Conditional Uses "; amending Section 78 -54, Code of Ordinances entitled "Public Notice "; creating a new Section 78 -56 to be entitled "Appeals and Reconsideration "; amending CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/5/05 5 Section 78 -159, Code of Ordinances entitled "Permitted Uses, Conditional, and Prohibited Uses" to modify certain permitted and conditional uses; providing for codification; and providing an effective date. The City Clerk read Ordinance 6, 2005 on second reading by title only. Talal Benothman reported no changes since first reading, but a request had been received to add self storage facilities as a conditional use in CG -1 and CG -2, and described additional criteria as developed by staff for design of self storage facilities. Mayor Russo declared the public hearing open. Attorney Brian Seymour with Gunster Yoakley & Stuart, spoke representing Charles Vavrus, and requested clarification that this Ordinance did not apply to Mr. Vavrus' application. The City Attorney responded this would not change the process for Mr. Vavrus' application. Attorney Seymour lodged an objection to the changes because of lack of clarity as to how it would affect Mr. Vavrus' property. Marty Miner, of Urban Design Studio, indicated they had made this request. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 6, 2005 on second reading by title only, adding the self - storage facility, including the conditions and amendments as presented by staff this evening. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 10, 2005 - (2nd reading) Amending the Fiscal Year 2003/2004 Budget. 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. The City Clerk read Ordinance 10, 2005 by title only. Finance Director Allan Owens highlighted changes since first reading. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved Ordinance 10, 2005 be placed on second reading and adopted. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 11, 2005 - (2nd reading) Amending the Fiscal Year 2004/2005 Budget. 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, 2004, and ending September 30, 2005, inclusive; and providing an effective date. The City Clerk read Ordinance 11, 2005 by title only. Finance Director Allan Owens indicated there had been no changes since first reading. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved Ordinance 11, 2005 be placed on second reading and adopted. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Gardens United - Evaluate the future of the group and their continuance — Mayor Russo indicated there was very little participation. Dr. Chuck Sniderman, a representative of Gardens United, described the inter -faith religious group and requested the City Council coordinate their activities. Dr. Sniderman advised that in order to revitalize the group, structure was needed, which the City could provide. Dr. Sniderman indicated the group could not function without the City's support. Discussion ensued. Consensus was to discuss this with all the houses of worship in the fall. The City Manager volunteered the services of the Recreation Department to help organize that meeting; explained communication had been developed with the religious organizations as a result of Gardens United, and thanked Gardens United for their help during the hurricane Town Hall Meeting Issues ssues — Sheryl Stewart summarized the items raised at the Town Hall CITY OF PALM BEACH GARDENS REGULAR MEETING, 515105 6 Meeting. The date, location, and items for the next Town Hall meeting were discussed. The City Manager suggested a letter to each person who spoke on issues at the meeting to advise them another meeting would be held in the fall. Revisiting the process for board and committee appointments, and liaisons was discussed. Workshops with the boards to discuss possible parameters for liaisons were suggested. Advertising for qualified participants for a Charter Review task force was recommended. The target date to take this to the voters was discussed. Staff was requested to bring this item back. Televising Council Meetings: the initial cost was estimated at $125,000, and just under a half million dollars for operations for a 5 -year period. Levels of viewer ship in other municipalities were unavailable. Consensus was the cost would not justify televising the meetings. A community transit system within the City was an issue which had been raised, and that had been set as a goal, and to find a funding source. A position paper presented by North County Chamber of Commerce at the Town Hall meeting had contained policies, which were summarized. Control of the agenda was discussed. No changes were recommended. The issue of changing on -site preservation was discussed. Mayor Russo indicated that on -site preservation was always an option which Council did not have to approve unless they were making a project better, and he felt it should not be changed. Councilmember Valeche indicated he would like a discussion on why it works. Mayor Russo requested he discuss it with staff before that discussion at a meeting.. Next meeting the members were asked to each bring a list from the Town Hall meeting so that could be completed. CITY ATTORNEY REPORT: Draft Ordinance Re: Lobbyist Registrations - The City Attorney reviewed the draft ordinance. Discussion of charging annual fees or per occurrence for lobbying ensued. Vice Mayor Jablin indicated he did not want this to be a source of revenue. Consensus was to place this matter on the next agenda. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/5/05 ADJOURNMENT: There being no further business APPROVAL: ATTEST: PA RICIA SNID R, C C CITY CLERK CO ILMEMBER LEVY UJ- COtNCILMEMBER VALECHE COUNCILMEVBIR BARNETT D p.m.