HomeMy WebLinkAboutMinutes Council 092905CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 29, 2005
The September 29, 2005 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:08 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.
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, MODIFICATIONS:
Councilmember Barnett indicated she had a problem with the item of appointing people to
boards being on tonight's agenda. Based on prior discussions, she requested postponement to
the next City Council /Manager meeting so they can discuss whether to have Council
liaisons, how to go through the candidates, and how many people to have on the boards.
Following discussion, consensus was to keep this item on the agenda.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett indicated her idea for affordable housing in new development was to
consider 10% of the units at 10% under the offering price, holding mortgages at half the
national average for City employees, Fire, Police, and teachers who worked in Palm Beach
Gardens, possibly done by a lottery. She stated she would like staff to look into this. Mayor
Russo reported Commissioner Marcus had asked members of the affordable housing task
force to find out if their Councils were in support of inclusionary zoning. Mayor Russo
reported from discussions with John Bills and Dan Catafumo, they would both be interested
in adding workforce housing, limited to apartments, and they could not do anything with
them for 50 years, assuring affordable housing for 50 years. Senior Planner Kara Irwin made
a presentation on affordable housing. Mayor Russo requested Council members speak with
staff to understand the different creative techniques for affordable housing and discuss it at
the next meeting. Councilmember Levy reported attending the Loxahatchee River
Management Coordinating Council meeting which had voted to support a resolution stating
that the Palmar District would not do anything that would adversely affect the river.
Councilmember Levy expressed his opinion that the Palmar Water Control District Board
would be dissolved, and recommended the City Council take no action as they were not
directly affected. Councilmember Valeche introduced Gus Constantine, who was going to
speak during public comment. Mr. Constantine lived in the Lake Catherine development and
he and all his neighbors were paying $400 a year higher insurance premiums as their zip
code was 33403, Lake Park, even though they lived totally within the City of Palm Beach
Gardens. This complaint had been lodged with the Department of Insurance, and hopefully it
would get changed by Nationwide Insurance. Mayor Russo introduced the City's lobbyist,
and reported he had gone to Washington and hoped to get some money to help the City since
FEMA had not reimbursed for rubbish removal after the hurricanes, and bills were being
introduced to change that. Mayor Russo reported the City had been working on a plan to
place some individuals displaced by Hurricane Katrina into the hospitality industry. Mayor
Russo reported John Bills had requested the City abandon the art impact fees and donate that
to Hurricane Katrina victims. Vice Mayor Jablin indicated he was reluctant to set such a
precedent. Consensus of Council was not to use impact fees for this purpose. Mayor Russo
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 2
reported a resident of Plat 4, Mr. Sutter, had brought the Mayor his deed restriction which
almost mirrored the proposed ordinance on maintenance of houses, and asked that other plats
be researched to see if they also had those same deed restrictions. Mayor Russo reported he
had attended parades this week, welcomed the new Rabbi at Temple Beth David, and that
there would be a groundbreaking Sunday on Rev. Ray's new church.
CITY MANAGER REPORT:
City Manager Ferris reported an update on removal of trees at the Borland property. City
Forester Mark Hendrickson reported he had inspected the site twice this week and found
there were no violations, and advised that the trees removed were going to be replaced.
PUBLIC COMMENTS:
Gus Constantine, Lake Catherine, thanked Councilmember Valeche for his efforts to resolve
the insurance problem, and asked the Council for help and support. Councilmember Valeche
reported there were 50 business days from September 13 for Nationwide to respond. Vito
DeFrancesco, Shady Lakes, stated he had reported signs along PGA Boulevard to code
enforcement, had asked his name not to be used but got a call from Officer Perry Davis, and
complained that his name had been used after he asked that it not be. Mr. DeFrancesco
thanked the Mayor for going to the site and reported all the signs were removed the next day.
Eileen Tucker, Shady Lakes, reported she had called Commissioner Marcus for
synchronization of the lights on PGA Boulevard which was going to be done in a month, and
expressed her opinion the City should do this.
CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda.
Councilmember Levy seconded the motion. Motion carried by unanimous 5 -0 vote.
Therefore, the following items were approved on the consent agenda:
a. Resolution 133, 2005 — Approve a Cost Sharing Maintenance Agreement
with RCA Center II of Florida LLC. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving an Agreement with RCA
Center 1I of Florida LLC Construction and Development, Inc. for
reimbursement of costs for landscape and irrigation maintenance services
related to the PGA Boulevard Flyover Project; and providing an effective
date.
b. Resolution 134, 2005 — Approve a Cost Sharing Maintenance Agreement
with Sembler Family Partnership #29, Ltd. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving an Agreement with
Sembler Family Partnership #29, Ltd. for reimbursement of costs for
landscape and irrigation maintenance services related to the PGA Boulevard
Flyover project; and providing an effective date.
C. Resolution 135, 2005 - Approve a Cost Sharing Maintenance Agreement
with MacArthur Center Property Owners Association, Inc. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving an
Agreement with MacArthur Center Property Owners Association, Inc. for
reimbursement of costs for landscape and irrigation maintenance services
related to the PGA Boulevard Flyover Project; and providing an effective
date.
d. Resolution 138, 2005 — Authorizing a Joint Participation Agreement and
Maintenance Memorandum of Agreement. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a Joint Participation
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 3
Agreement and Maintenance Memorandum of Agreement with the Florida
Department of Transportation for landscape beautification along Victoria
Gardens Drive and Alternate AIA as part of the Keep Palm Beach County
Beautiful Grant Program; and providing an effective date.
e. Resolution 139, 2005 — Authorizing a Developer Funding Agreement with
Sembler Family Partnership #29, Inc. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida authorizing a Developer Funding
Agreement with Sembler Family Partnership #29, Ltd. to assign
responsibilities related to a Keep Palm Beach County Beautiful Grant from
the Florida Department of Transportation; and providing an effective date.
f. Proclamation — Fire Prevention Week.
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.
Resolution 120, 2005 - Downtown at the Gardens site plan amendment. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving an amendment to the site
plan approval for Downtown at the Gardens located within the Regional Center DRI/PCD, as
described more particularly herein, to modify certain conditions of approval; to defer some
elements of the Lake Improvement Plan, removing the Children's Garden; modifying the
hardscape and landscape to coincide with the newly- approved architectural theme; removing
the video wall sign; adding a right -out exit point onto Gardens Parkway; adding unused
remaining DRI entitlements of 1,032 square feet of office space to the subject site; providing
for waivers; providing for conditions of approval; and providing an effective date. The City
Clerk read Resolution 120, 2005 by title only. Ex -parte communication was reported:
Councilmember Barnett reported speaking with Mr. Menin and Mr. Jacoby, and touring the
site. Councilmember Levy reported touring the site with Greg Menin and speaking with Don
Hearing regarding changes. Councilmember Valeche had met with Rob Jacoby and Don
Hearing and toured the site. Vice Mayor Jablin reported he also toured the site with Mr.
Jacoby and Mr. Hearing. Mayor Russo reported he toured the site about a month ago. Mayor
Russo declared the public hearing open, held on the intent of Resolution 120, 2005.
Donaldson Hearing presented the project with requested waivers and other changes. Vito
DeFrancesco, Shady Lakes, reported he had given City Council two pieces of paper, on one,
the applicant had indicated that they were entitled to extra square footage because it was in
the DRI, and it was going to be used for office space and not research space; and the other
paper was the City Engineer's recommendation. Mr. DeFrancesco pointed out other waivers
that were within the Resolution but not reported. Sue Ellen Grove, Magnolia Street, stated
she did not see why the City should give in to so many waivers and parking spaces should
not be a reduced size. Hearing no further comments from the public, Mayor Russo declared
the public hearing closed. Planning Manager Talal Benothman addressed Mr. DeFrancesco's
comments by pointing out attachments to the staff report where the waivers he mentioned
had been listed. Councilmember Valeche requested the code be amended so that parking
space sizes did not have to be given waivers all the time. Mayor Russo explained if 9 -1/2'
spaces were in the code they could be done under straight zoning. Vice Mayor Jablin moved
approval of Resolution 120, 2005. Councilmember Levy seconded. Mr. DeFrancesco stated
he had the right to cross examine. Mayor Russo re- opened the public hearing. Mr.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 4
DeFrancesco asked what the office space being proposed for the entitlement would be used
for, and the difference in parking requirements for professional office and research office
space. Councilmember Valeche asked if there was a slash missing between the words
research and office. Mr. Hearing advised that in this DRI the entitlement was research
office /medical. The City Attorney advised that specific statements made during direct were
all that could be asked about. Mr. DeFrancesco asked a question regarding an issue that had
not been previously stated, and was cautioned to ask only regarding what had been testified
to. Mr. DeFrancesco commented the City Engineer had stated he would prefer to have the
conditions of the LDR set up for parking; he was not in favor of the smaller spaces or the
long diamonds. The next question was how much open space was gained from saving space
on parking spaces. Response was the code required an additional 1 -1/2 square feet per square
foot of asphalt that was saved to be provided in additional open space beyond the
requirement of the code; the requirements for landscaping and open space were substantially
exceeded and the applicant met the code requirement and the test for that waiver. Mr.
DeFrancesco asked if the City was getting more than they were losing in parking spaces. Mr.
Hearing responded the waiver had been found consistent with City code by staff. Mr.
DeFrancesco made comments that had not been previously testified to. Mr. DeFrancesco
asked that Paul Auerbach help him. The City Attorney indicated that people who had
participated were allowed to cross examine. Mayor Russo indicated he was very frustrated.
Councilmember Levy advised 93 parking spaces would result in 193.5 additional square feet.
The City Clerk swore in Paul Auerbach. Mr. Auerbach asked to be shown the additional
space on the site plan. Mr. Hearing responded the project required 15% of open space; they
had an excess of 25% open space and it was provided throughout the site plan, plus the
applicant had agreed to landscape on Alternate A 1 A outside the obligation of their original
approval. Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a
motion to approve Resolution 120, 2005. Councilmember Levy seconded. During discussion
of the motion Councilmember Levy noted if the second waiver was granted two parking
spaces would be lost, but parking requirements would still be met. Motion passed by
unanimous 5 -0 vote.
Resolution 144, 2005 - Consideration of a residential sign package for Cielo Homes. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
master amenities plan and signage plan for the residential portion of Donald Ross Village
Planned Unit Development (PUD) generally bounded by Donald Ross Road to the North,
Central Boulevard to the West, and Military Trail to the East, as more particularly described
herein; providing for one additional waiver; and providing an effective date. The City Clerk
read Resolution 144, 2005 by title. Mayor Russo declared the public hearing open. No ex-
parte communication was reported. Marty Minor, Urban Design Studio, presented the
request. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Vice Mayor Jablin made a motion to approve Resolution 144, 2005. Councilmember
Levy seconded the motion, which carried by unanimous 5 -0 vote.
Part II — Non - Quasi- iudicial
Resolution 96, 2005 - Setting the FY 2006 milla eg rate. 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, 2005, and ending
September 30, 2006; 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
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 5
providing an effective date. AND Ordinance 24, 2005 — (2nd reading and adoption) Adopting
FY 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 Resolution 96, 2005 and Ordinance 24, 2005 by title only. Finance
Director Allan Owens provided the staff presentation and reviewed the procedure to be
followed. Comparison of the City's tax rate with those of other cities was presented. Mayor
Russo declared the public hearing open. Lou Satriano, resident of Lake Catherine, requested
budget information be provided at the meetings, indicated he did not know about the budget
workshops, and asked what comprised the money that came in. Mayor Russo advised this
hearing was for comments, not questions. Mr. Satriano expressed his opinion that property
tax should be on square footage of the house and acreage. Robert Davis, M.D., 118 Orchid
Cay, accepted the numbers but felt current money should not be put into reserves since there
would be four large revenue producing properties on the books next year and money should
be used to reduce taxes. Dr. Davis expressed his opinion that the employee pension plan
should not be defined benefit and a 401 K would be much better; and he did not agree with
the Sunshine Law. Douglas Virgillo, 9130 Cypress Hollow Drive, commented he and a lot of
people did not know about the budget workshops, and since he was not under the 3% cap his
tax bill increased 47% and would cost $6,000 per year based on this budget, and this was the
first year he was here, and how could he afford to pay this, which was a real issue, and he
was very upset and asked why there were not re- assessments so that taxes were distributed
more evenly. Tom Sosey, 149 Bent Tree, commented his principal concern was that not
enough thought was given to future fiscal soundness, and suggested Councilmembers
prioritize how tax revenues would be spent each year, and outlined a plan. Mr. Sosey urged
adoption of a 5.900 millage rate as proposed by Councilmember Barnett and build reserves
back up as proposed by Councilmember Valeche, and suggested adopting last year's budget
for a period of time to work out the details. Michael O'Rourke, Palm Beach Gardens Youth
Athletic Board, requested the Parks and Recreation Department budget not be cut, because of
the children. Jeff Mickle, stated he was not a resident but worked here for Taylor Woodrow,
and advised there were not enough building inspectors to cover all the inspections timely.
Jimmy Casto, home builder in the City for 44 years, advised the building department needed
more help and felt no one should be cut from that department or their benefits reduced, and
requested building department personnel be increased. Sue Ellen Grove commented all the
new homes should provide enough revenue not to raise taxes, and reported costs were
increased according to rules which were not always logical, expressed concern about the
employment retirement program, and stated she did not know about the budget workshops.
Bob O'Dell, Police Benevolent Association, advised taxes were what paid police officers
and employee salaries and they could not afford to live in the city now, and he lived in the
county and paid $6,000 in taxes himself, and asked that the general employees' benefit
packages be looked at because a lot of them could not afford to live anywhere. Bob
Brockman, Ilex Circle South, asked that cuts not be made to the recreation budget, since that
was a way to keep children occupied. Mr. Brockman stated he was a remodeling contractor
and understood the building department issues, and commented the inspectors were worked
pretty hard, and asked that cuts not be made in that area. Eileen Tucker commented staff
benefits for general employees was proposed to go from 8% to 14% and that was unheard of,
and clarified she was not including fire or police. Ms. Tucker asked if there was anything in
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 6
the budget that the City was not sure they would really do, to take it out now. Sid Dinerstein,
St. George Place, commented on a County Commission meeting where they were able to
make budget cuts from places that did not have to increase taxes, and expressed
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disappointment that staff did not provide alternatives to cutting personnel, who now had to
live in Port St. Lucie. Joel Brier, Professional Firefighters and Paramedics of Palm Beach
County, representing the City, asked the Council not to reduce this budget because that
would reduce services, and explained the different programs in the budget. Mr. Brier
commented the City was proposing to eliminate the step plan, which would place the City in
the lowest three departments in the County, and would be the only department in southeast
Florida without this plan, and asked the City to maintain the plan and direct negotiators back
to the table. Matthew Wilhite, Professional Firefighters and Paramedics of Palm Beach
County, spoke against the proposed budget cuts for the firefighters, who needed a reasonable
income to work in the City, and not to cut services. Tory Buckley expressed concerns for
possible cuts to the Parks and Recreation Department, stated he represented 3,000 residents
in the PGYAA, and they had expressed concern that the City had lost their vision, and
advised the recreation programs were one of the top 5 reasons that people came here.
Councilmember Valeche noted the Council had not had an opportunity to discuss department
budgets and should have the chance to make choices, and no cuts were proposed for the
Parks and Recreation Department. Tim Frohling indicated he supported all the employees,
commented the Recreation Department brought in a lot of money, and described the
symbolism represented on the City's crest. Hearing no further comments from the public,
Mayor Russo declared the public hearing closed. Vice Mayor Jablin advised this budget
process began last April, described the process, and commented staff had presented a
professional budget. The Vice Mayor expressed his opinion it would do a terrible disservice
to the residents to use a shotgun approach to cut the budget at this point when it must be
adopted by the end of the month.
Vice Mayor Jablin made a motion to adopt the City Manager's suggestion to utilize the
negotiated insurance savings of $507,528.00 to lower the millage rate to 5.928. In addition,
and not a part of the motion, the Vice Mayor suggested that all of the anticipated fines
received in the Vavrus case be put into reserves. Mayor Russo requested a note be sent to the
residents who had spoken, and commented that realtors might not be telling the true picture
where taxes were concerned. Councilmember Valeche expressed his opinion that goals and
objectives should have caps attached; agreed that no cuts should be made that were harmful
to the City; and proposed that next year a percentage of increase or decrease from this year's
budget be set. Councilmember Valeche commented regarding the motion on the floor that he
did not want anyone to think if the millage was lowered tonight to 5.928 that was a tax cut, it
was just a windfall because of a good occurrence on the insurance front and if the millage
was left the same it would go into reserves, but real work in really looking at priorities and
things that could be cut without harm to the residents had not been done. Councilmember
Levy noted it took negotiation by staff with the insurance company, and asked staff to look
at safety programs to get better experience rates, etc., and look for things that could be cut
without harm to the residents. Councilmember Levy expressed support for the motion to
benefit the residents. Councilmember Barnett commented a very steep curve of building was
increasing revenue but expenses were increasing fast also and the revenue curve would level
out one day but expenses would not, and the only way to keep from being hurt one day was
to tighten our belts now. Councilmember Barnett expressed disappointment that the City
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 7
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Manager and staff had not been able to come up with more ways to tighten the budget.
Councilmember Barnett discussed the list of possible cuts provided two days ago and
proposed a subsequent motion to use the additional 6% proposed to go into the general
employees pension fund to lower the millage rate to 5.90. Mayor Russo called for a second
to the original motion. Motion was seconded by Councilmember Levy. Mayor Russo called
for a second to the subsequent motion. Motion died for lack of a second. Mayor Russo made
comments, thanking everyone for the budget process and thanked Councilmember Barnett
and Councilmember Valeche for bringing new ideas. Mayor Russo recommended using the
list provided by the City Manager as a template for the future, and also starting on the next
budget next month, not next July, and expressed concern employees were not compensated
enough for their retirement. Mayor Russo expressed his opinion that residents should be
fully engaged in the budget process, but to address cuts at the eleventh hour was not the
thing to do. Councilmember Valeche respectfully disagreed that the list should be used as a
template for the future because the items were not items that should be cut, because they
would be harmful to the City. The City Manager explained how the list had been developed.
Discussion ensued. Councilmember Barnett suggested setting aside a certain percentage of
the projected new money. Mayor Russo stated he fully supported the efforts, but wanted to
come up with a plan to get where the budget needed to be. The City Attorney noted that the
motion on the floor and the law allowed the Council to amend the adopted tentative budget,
and suggested that after the vote a short recess take place to allow time to recomputed the
millage rate and change the Resolution if the motion passed. Motion passed 5 -0.
Upon reconvening the meeting following the break, Finance Director Allan Owens
announced the recomputed millage rate for fiscal year 2005 -2006 was 5.928 mills which
included a debt millage rate of .22 and an operating millage rate of 5.708, which is greater
than the rolled back rate of 5.2289 by 9.16 %.
Vice Mayor Jablin made a motion to approve Resolution 96, 2005 setting the final millage
rate for fiscal year 2005 -2006 at 5.928 mills. Councilmember Levy seconded the motion,
which carried by unanimous 5 -0 vote.
Vice Mayor Jablin made a motion to approve Ordinance 24, 2005 on second and final
reading, adopting a final budget for fiscal year 2005 -2006. Councilmember Levy seconded
the motion, which carried by unanimous 5 -0 vote.
Ordinance 23, 2005 — (2nd reading and adoption) Third Quarter budget amendment. 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 23, 2005 by title only on second reading. Vice Mayor Jablin made a motion to
adopt Ordinance 23, 2005 on second reading by title only. Councilmember Levy seconded
the motion, which carried by unanimous 5 -0 vote.
Resolution 97, 2005 — Adopting a Fees & Charges Schedule. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida updating the schedule of fees and
charges for various services rendered by the City of Palm Beach Gardens for its citizens and
other members of the public for Fiscal Year 2005/2006; and providing an effective date. The
City Clerk read Resolution 97, 2005 by title. Finance Director Allan Owens provided the
staff presentation. Staff answered questions from the Council. Vice Mayor Jablin made a
motion to approve Resolution 97, 2005. Councilmember Levy seconded the motion, which
passed by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 8
RESOLUTIONS:
Resolution_ 121, 2005 - Re- appointment of three (3) members to the Planning Zoning and
Appeals Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
appointing two (2) regular members, elevating one (1) alternate member to regular member,
and appointing two (2) alternate members to the Planning, Zoning, and Appeals Board; and
providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 121,
2005, inserting the names Douglas Pennell and Michael Panczak as re- appointed; Jonathan
Rubins to be elevated from alternate to a regular member, first alternate Joy Hecht, and
second alternate Amir Kanel. Councilmember Levy seconded the motion, which passed by
unanimous 5 -0 vote.
Resolution 125, 2005 — Re- appointment of three (3) regular members to the Economic
Development Advisory Board. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida appointing two (2) regular members, elevating first alternate member to
regular member and appointing first alternate member to the Economic Development
Advisory Board; and providing an effective date. Vice Mayor Jablin made a motion to
approve Resolution 125, 2005 with the names of Mark Murnin. Elaine Beers inserted as
regular members, James Kissell as first alternate and Steve Cohen alternate. Councilmember
Levy seconded the motion, which carried by 5 -0 vote.
Resolution 126, 2005 — Re- appointment of three (3 ) regular members and one (1) alternate to
a regular member to the Art in Public Places Advisory Board. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida appointing three (3) regular members,
elevating one (1) alternate member to regular member, and appointing two (2) alternate
members to the Art in Public Places Advisory Board; and providing an effective date. Vice
Mayor Jablin made a motion to approve Resolution 126, 2005 reappointing Linda Oliver,
Ellen Dukes, Myra Davis as regular members, elevating Marilyn Spungin to the unexpired
term, and Theodore Thoburn to fill the unexpired term of Garri Katz, and Georgia Heard
O'Brien as second alternate. Councilmember Valeche seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 127, 2005 - Reappointment of three (3) regular members and one (1 ) regular
appointment to the Community Aesthetics Board. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida appointing three (3) regular members and elevating one
(1) alternate member to regular member to the Community Aesthetics Board; and providing
an effective date. Vice Mayor Jablin made a motion to approve Resolution 127, 2005
inserting the names and reappointing William Olsen, Bettie Marks, and Gail Vastola, as
regular members, and Carolyn Waters, first alternate, to become a regular member. Motion
was seconded by Councilmember Valeche and carried 5 -0.
Resolution 145, 2005 — Re- appointment of three (3 ) regular members and one (1) alternate
member, and the appointment of one (1) alternate member to the Parks & Recreation
Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida appointing three (3) regular members, elevating the second alternate member to first
alternate member, and appointing a second alternate member to the Parks and Recreation
Advisory Board; and providing an effective date. Vice Mayor Jablin made a motion to
approve Resolution 145, 2005 with the names Maryanne Hedrick, Philip Milton, Carolyn
Chaplik as regular members, elevating David Lutrin to first alternate and appointing Tim
Frohling to fill second alternate. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 9
Resolution 149, 2005 - Appointment of one (1) member to the Budget Oversight Committee.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing one
(1) regular member to the Budget Oversight Committee; and providing an effective date.
Vice Mayor Jablin made a motion to approve Resolution 149, 2005 appointing Harvey
Goldberg to fill the unexpired term of Maureen McGuire. Councilmember Levy seconded
the motion. Councilmember Barnett indicated she would like to see this board expanded
from 3 to 5. Mayor Russo indicated he would like this board to have a liaison. Motion
carried by unanimous 5 -0 vote.
Update on Education Committee — Charlotte Presensky reported she had been acting as
liaison for the past year. On October 1 this committee would sunset. Goals were reviewed,
with little results, and staff recommendation was to allow the committee to sunset. Ms.
Presensky recommended that the Education Forum should be allowed to continue. Vice
Mayor Jablin complimented Wayne Anderson, who had been Chair for many years.
Councilmember Levy expressed disappointment of no real interaction between the City and
the schools. One suggestion was for council members to each adopt a school and be liaison
to the SAC and the Mayor be the liaison to the School Board. Vice Mayor Jablin welcomed
other ideas. Councilmember Levy commented he lived in Palm Beach Gardens because of
the schools and recreation.
Resolution 141, 2005 — Approve a contract award to McGladrey & Pullen for Independent
Auditing Services. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida awarding a contract to McGladrey & Pullen, LLP for Independent Auditing Services;
and providing an effective date. Finance Director Allan Owens provided a presentation. Vice
Mayor Jablin moved approval of Resolution 141, 2005. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 157, 2005 - Support Military Veterans with 100% medical benefits. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida urging Congress to create a
permanent solution to the underfunding of Veterans' health care; and providing an effective
date. Councilmember Valeche moved approval of Resolution 157, 2005. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 125, 2005 — Re- appointment of three (3) regular members to the Economic
Development Advisory Board. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida appointing two (2) regular members, elevating first alternate member to
regular member and appointing first alternate member to the Economic Development
Advisory Board; and providing an effective date. Vice Mayor Jablin made a motion to add
the name of Sandra Foland to the list in Resolution 125, 2005. Councilmember Levy
seconded the motion, which carried by 5 -0 vote.
ORDINANCES:
Ordinance 27, 2005 — U sc reading) "Public Workshop" LDR text amendment to the
Development Review Process. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to Planning, Zoning and Appeals Board Public Workshops;
amending Section 78 -43, Code of Ordinances entitled "Review of Applications for
Development Order Approval "; providing for codification; and providing an effective date.
The City Clerk read Ordinance 27, 2005 on first reading by title only. Kara Irwin with the
Growth Management Department presented the staff report. Vice Mayor Jablin moved to
place Ordinance 27, 2005 on first reading by title only. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 io
ITEMS FOR COUNCIL ACTION:
City Manager Ferris announced the Council /Manager meeting would be October 10, 2005 at
5 p.m., and Town Hall meeting Wednesday, October 19 with Channel 25 taping one hour of
the meeting from 7 to 8 p.m., giving speakers 2 minutes each. Mayor Russo requested
starting with an update of the last Town Hall meeting. Mayor Russo reported Representative
Clay Shaw had given credit to the City for trying to find jobs for evacuees when he was
speaking on the floor in Tallahassee
CITY ATTORNEY REPORT:
The City Attorney reported she had sent a memo to the Council about an old case that was to
be reopened, and it was now on the docket for trial on March 27.
Mayor Russo commented that a budget process should could be discussed at the October 10
meeting.
ADJOURNMENT:
There being no further busi
APPROVAL:
COVNCILMEMBER VALECHE
COUNCItVfPBER BARNETT
ATTEST:
PATRICIA SNIDER, C C
CITY CLERK
?0 P.M.