HomeMy WebLinkAboutMinutes Council 091505CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 15, 2005
The September 15, 2005 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the Pledge of Allegiance, followed by a moment of silence to
observe the passing of long -time resident Dick Grunwald, and for those on the Gulf Coast
who had experienced the disaster of Hurricane Katrina.
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.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett indicated she wanted to be sure the best price and best service were
obtained in the garbage contract, noting the bid gave priority to Palm Beach County and
Martin County contractors, and that contractors in other locations might be able to provide
immediate service. Mayor Russo agreed that was a very valid point, and reported an out -of-
state contractor had called him, stating their firm could have trucks here the next day with no
interruption in service. The bidding process was discussed. Councilmember Barnett reported
she attended the City's Evaluation and Appraisal Report Workshop, and found it to be a very
good tool for residents to state future goals for the City if they had not already been identified
by the City. Councilmember Levy reported he had attended the Education Advisory Board
meeting where FAU and Palm Beach Community College gave presentations, and had been
very impressed with their programs. Councilmember Levy thanked everyone for their help
for the City of New Orleans, where he had close family ties. Councilmember Valeche noted
today was Battle of Britain Day, and expressed concern that the world was forgetting major
events that had affected the world, and noted that a few people could affect the course of
history. Vice Mayor Jablin read from Dick Grunwald's obituary. Consensus was to engrave a
brick at the Municipal complex in memory of Mr. Grunwald. Vice Mayor Jablin reported he
had toured the new Howell Watkins Middle School, which was a terrific facility, and advised
that Principal Dan Smith had been a great asset, and the City would be partnering with the
school on the recreation fields. Mayor Russo announced he would be in the Homecoming
Parade the next day for Palm Beach Gardens High School. Mayor Russo reported attending
Literacy Day at Alamanda Elementary School. Mayor Russo thanked everyone who was
participating in the program to help the hurricane victims find work. Mayor Russo reported
on the affordable housing meeting; stating that was a major problem because of condo
conversions that were taking place. The Mayor reported Channel 25 wanted to coordinate
and publicize a Town Hall meeting.
CITY MANAGER REPORT:
City Manager Ferris reported staff could schedule a Town Hall meeting and Council
Manager Workshop in October. Mayor Russo agreed, asking that the Town Hall meeting be
late in October or early in November to include as many seasonal residents as possible.
CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda with item
(c) pulled. Councilmember Levy seconded the motion. Mayor Russo noted that he has
concerns regarding Resolution 147, however, after reading the material he felt his concerns
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 2
had been addressed. Motion carried by unanimous 5 -0 vote. Therefore, the following items
were approved on the consent agenda:
a. Approve Minutes from the August 4, 2005 regular City Council meeting.
b. Approve Minutes from the August 18, 2005 workshop and regular City
Council meeting.
C. (item pulled)
d. Resolution 119, 2005 - Approve a First Amendment to the Financial
Assistance Agreement with Palm Beach County. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a First
Amendment to the Financial Assistance Agreement with Palm Beach County
for median beautification on Military Trail as part of the Keep Palm Beach
County Beautiful Grant Program; and providing an effective date.
e. Resolution 122, 2005 — Renewal of Blue Cross Blue Shield Insurance. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the renewal of Blue Cross Blue Shield of Florida, policy number
91062, for Fiscal Year 2005/2006; and providing an effective date.
f Resolution 123, 2005 — Renewal of Preferred Government Insurance Trust
Insurance Program. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the renewal of Preferred Government
Insurance Trust Insurance Program for Fiscal Year 2005/2006; and providing
an effective date.
g. Resolution 130, 2005 — Approving the National Incident Management
System. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida adopting the National Incident Management System (NIMS) per
Homeland Security Presidential Directive -5 (HSPD -5) to provide for
domestic incident management; and providing an effective date.
h. Resolution 147, 2005 - Amending the existing ICMA money purchase plan.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
relating to amending the existing ICMA money purchase plan to permit
employees to take loans from the plan; and providing an effective date.
i. Proclamation - Annual 2005 Southeast Shrine Convention.
j. Proclamation - National Sickle Cell Month.
k. Police Department Second Quarter, 2005 Summary Report.
Item (c):
Resolution 118, 2005 — Approve contract awards for Annual Landscaping and Irrigation
Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding contracts to Landscape Service Professionals, Inc. and Vila & Son Landscaping
Corporation for Annual Landscaping and Irrigation Services; and providing an effective date.
Councilmember Levy noted amounts on the bids were very high, and asked staff if the City
was obligated to give any contractors any work at all. Staff confirmed the numbers were unit
prices and everything that could be needed had been listed, so that the total was not what
would actually be spent. Councilmember Levy made a motion to approve Resolution 118,
2005. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 3
PUBLIC HEARINGS:
Part I — Quasi - judicial Mayor Russo announced the procedure that would be followed in the
quasi - judicial cases. The City Clerk swore in all those intending to offer testimony in any of
the quasi-judicial cases.
Ordinance 29, 2005 — (1St reading) An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida approving an application from John C. Bills Properties, Inc. for
approval of an amendment to Ordinance 5, 1980, as amended by Ordinances 18, 1981,
Ordinance 20, 1981, Ordinance 19, 1985, and Ordinance 20, 1990, relating to the
construction of phase II, the final phase of Oak Park Office Park Planned Unit Development
(PUD); transferring the site plan approval and related conditions to Resolution 114, 2005;
and providing an effective date. [Resolution 114, 2005 is a companion item to Ordinance
29, 2005 and will require Council action on second reading.] Resolution 114, 2005 —
Amendment to Oak Park Office Park PUD. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an amendment to the Oak Park Office Park Planned
Unit Development (PUD), located on the West side of Prosperity Farms Road approximately
1,580 feet South of PGA Boulevard, to allow construction of the Oak Park Office Park final
phase, consisting of a two - story, 17,172- square -foot medical office building, as more
particularly described herein; providing for waivers; providing for conditions of approval;
and providing an effective date. The City Clerk read Ordinance 29, 2005 on first reading by
title only. The following ex -parte communication was reported: Councilmember Levy spoke
with Don Hearing; Councilmember Valeche spoke with Don Hearing, Vice Mayor Jablin
spoke with Don Hearing and John Gary. Donaldson Hearing spoke on behalf of the
petitioner. Mayor Russo declared the public hearing open. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved that
Ordinance 29, 2005 be placed on first reading by title only. Councilmember Levy seconded
the motion, which carried by unanimous 5 -0 vote.
Resolution 115, 2005 — Approval of Phase II site plan of Parcel 27.1 OB. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the site plan for Phase II
of Parcel 27.1O13 to allow the construction of a 9,400- square -foot Medical Diagnostic
Imaging Center known as University MRI — PGA located within the Regional Center
Development of Regional Impact, as more particularly described herein; providing for
waivers; providing for conditions of approval; and providing an effective date. The City
Clerk read Resolution 115, 2005 by title only. Brian Cheguis of Cotleur and Hearing spoke
on behalf of the applicant. Ed Oliver described the location of the equipment. Mayor Russo
declared the public hearing open. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 115,
2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Part II — Non - Quasi - judicial
Ordinance 24, 2005 — (1 st reading) Adopting Fiscal Year 2006 budget. 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, 2005 and ending September
30, 2006; and providing an effective date. The City Clerk read Ordinance 24, 2005 by title
only on first reading. Mayor Russo declared the public hearing open. Allan Owens, Finance
Director, provided the staff presentation, and answered questions from the City Council. It
was noted that the questions regarding pension benefits and contributions would be discussed
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 4
further. Mayor Russo declared the public hearing open. Eileen Tucker, Shady Lakes,
speaking on behalf of the PGA Corridor Residents Coalition, responded to Linda Hughey's
article in Newsday that people did not show up at the budget meeting because people were on
summer vacations, school was starting, and people work; and many had said what was the
point —they were told the millage rate was going down and they were not told taxes were
going up. Ms. Tucker stated she would like to see the millage reduced one full mill, since the
raise from 4 to 6 mills a few years ago was only supposed to be temporary. Ms. Tucker
expressed concern that all the money collected from growth was just being used to increase
the budget, and questioned what would happen when growth stopped. Ms. Tucker on behalf
of PGA Corridor Residents Coalition invited all of the City Council and residents to attend
their next general meeting on Monday, September 26, 2005 at Woodland Lakes Clubhouse at
7:00 p.m. to discuss the budget, when Dr. Richard Orman would go over the budget line by
line. Ruth Peeples, Bent Tree, read a statement from Tom Sosey, who was out of town,
expressing his concerns regarding the budget. Concerns included not enough being budgeted
for the future, and that almost all new revenue was being spent on new projects. Mr. Sosey
suggested that revenue above last year's revenue be split, with half going to paying down
existing debt or decreasing property tax rate, or both; and the other half going to absolutely
needed projects culled by Council from a list submitted by staff long before the beginning of
the budget process. Tory Buckley, Dafodil Circle South, member of Parks and Recreation
Advisory Board, asked that the plan to improve parks not be cut back, and that more
personnel for recreation be hired. Mayor Russo read statements from residents who did not
want to speak in public: Rose Lanndquist, 910 Magdalena Road, who asked that property
taxes be reduced. Russell Gouldy, 735 Dutchess, asked that in the future, the city plan
reductions in tax basis. Donna Brosemer, Lexington Lane East, requested a greater tax cut
than proposed, commented in many places a Taxpayers Bill of Rights was being adopted,
often as voter initiatives, out of frustration when elected officials did not control their
spending, noted there were many line items containing bureaucratic bloat and asked that it be
stopped tonight. Bob Odell, Police Benevolent Association, clarified the police pension item
was to use 185 money to make their retirement benefits better, and asked that they or the
pension board be contacted with any questions. Joan Elias, Diamondhead Way, commented
she was not asking that taxes be cut or telling the Council how to run the City. Ms. Elias
noted the tax bill included many other taxes, and people should look at the bill to see what
the City tax was, and would find it not to be too much for what was being received. Ms. Elias
agreed with Mr. Buckley, who asked that the plan to improve the parks be continued. Alan
Adams, Cypress Street, commented he and his wife had noticed a significant decrease in
maintenance of the park on Riverside Drive, and asked that maintenance for the current parks
be looked at. Hearing no further comments from the public, Mayor Russo declared the public
hearing closed. Councilmember Barnett questioned why the police pension benefit was
proposed to be cut. Discussion ensued regarding the proposed changes to the pension plans.
Councilmember Barnett questioned whether the amounts in the salary comparisons included
health insurance and car allowances, to which City Manager Ferris responded that the
comparisons only included salaries. Councilmember Valeche expressed his opinion that more
options for cutting expenses should be given. Mayor Russo expressed his opinion that a plan
was needed to shrink costs after growth stopped. Councilmember Barnett proposed lowering
the millage rate to 5.9% with no reduction in services, and to let the City Manager and staff
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 5
operate with less cost. The Finance Director indicated that would be $675,000 in cuts. The
fleet maintenance program was discussed. Councilmember Valeche noted the budget was
driven by the vision plan, which needed to be updated, and next year there would be a better
process between Council and staff. Councilmember Barnett pointed out that the operating
millage actually went up. Mayor Russo recommended passing this resolution on first reading
and having staff come back with $675,000 in potential cuts. The City Manager indicated the
budget was his recommendation of how to operate the city financially for the next year and
was the budget needed to operate for the next fiscal year, and that there was no fluff. Mayor
Russo suggested giving staff direction throughout the year to replenish reserves to be able to
reduce taxes. Consensus was that at the next meeting a decision would be made as to whether
cuts could be made from a menu of cuts to be provided by staff. Vice Mayor Jablin made a
motion to adopt a tentative millage rate of 5.999 mills for the fiscal year. Councilmember
Levy seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Jablin stated
he would like to make an announcement declaring that the proposed operating millage rate of
5.779 exceeds the rolled back rate by 10.5 %. Vice Mayor Jablin made a motion declaring
that the proposed operating millage rate of 5.779 exceeds the roll back rate by 10.5 %. Motion
was seconded by Councilmember Levy and carried by unanimous 5 -0 vote. Vice Mayor
Jablin made a motion to approve Ordinance 24, 2005 on first reading adopting a tentative
budget for the Fiscal Year 2005 -2006 and setting the second and final reading for September
29, 2005 at 7:00 p.m. in the council chambers. Councilmember Levy seconded the motion,
which carried by unanimous 5 -0 vote. A five - minute break was taken.
RESOLUTIONS:
Resolution 18, 2005 — Authorizing city staff to withdraw the Memorandum of Agreement
with the Office of Tourism, Trade, and Economic Development (OTTED) for the review of
The Gardens Science and Technology Community. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida authorizing the City to terminate the Memorandum of
Agreement with the Office of Tourism, Trade, and Economic Development (OTTED) for the
review of The Gardens Science and Technology Community Development of regional
impact; and providing an effective date. City Manager Ferris explained the agreement was no
longer effective and recommended withdrawal. Vice Mayor Jablin made a motion to approve
Resolution 18, 2005. Councilmember Levy seconded the motion which carried by unanimous
5 -0 vote.
Resolution 117, 2005 — Approve a contract award to Tropics North Landscaping for the PGA
Flyover Landscaping and Irrigation Maintenance Services. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida awarding a contract to Tropics North
Landscaping, Inc. for Landscape and Irrigation Maintenance Services related to the PGA
Boulevard flyover project; and providing an effective date. Angela Wong, Operations
Manager, presented the staff report and answered questions from the City Council. Vice
Mayor Jablin made a motion to approve Resolution 117, 2005. Councilmember Levy
seconded the motion which carried by unanimous 5 -0 vote.
Resolution 140, 2005 — Approve Addendum No. III with Total Maintenance Building
Services, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the Mayor and City Clerk to execute an Addendum III to the Agreement with
Total Maintenance Building Services, Inc. for Landscaping Maintenance Services; and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 6
providing an effective date. Cindy Unger, Grounds Superintendent, presented the staff report
and answered questions from the City Council. Vice Mayor Jablin made a motion to approve
Resolution 140, 2005. Councilmember Levy seconded the motion which carried by
unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Affordable Housing Discussion with Commissioner Marcus. - Mayor Russo reported there
was a very concentrated focus on trying to locate affordable housing in northern Palm Beach
County. Dormitory housing in golf course communities and mixed used with second -floor
residential over commercial had been suggested. Apartments were being converted to
condominiums. Mayor Russo indicated he would continue meeting with the county and the
other cities on this issue. Cost of a home at 3 times an annual income of $50,000, or
$150,000, was no longer available in the City, and seasonal workers had no place to live, and
even a $70,000 employee could not find a home for $210,000. Different ideas were
discussed.
Neo- Traditional Development in Abacoa - City Manager Ferris reported staff had been
requested to investigate whether Abacoa had lessened their neo- traditional development, and
had found they were as committed to it as ever.
City Manager Ferris announced the Recreation Advisory Board meeting Monday at 7 p.m.
and invited everyone to attend to talk about the District Park. Mayor Russo clarified the park
had originally been intended to have major recreation facilities, and some believed it should
be a passive park. Vice Mayor Jablin expressed his opinion that some of the most intense
uses could be moved closer to I -95. Councilmember Barnett noted the community needed to
go to the meetings to let the county know what they wanted in the park. Mr. Wu indicated
they must get concurrency, go through PZA, and the City Council must approve a resolution.
Mr. Wu advised the residents would be contacted again. Linda Hughey commented Shady
Lakes Drive would have to go through if the park was put in.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05
ADJOURNMENT:
There being no further business
APPROVAL:
ATTEST:
PATRICIA S ID R, CMC
CITY CLERK
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COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COU ILM MBER BARNETT
Sum