HomeMy WebLinkAboutMinutes Council 020206CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
February 2, 2006
The February 2, 2006 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.
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. Scout Troop 150 and Bradley Barton, who is going for
his Eagle Scout, were welcomed by Mayor Russo.
ADDITIONS, DELETIONS, MODIFICATIONS:
Vice Mayor Jablin moved addition under the Consent Agenda of Resolution 25, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Presentation to retired police K -9 Cabal - Mayor Russo announced that a Police Officer had
requested to assume ownership of K -9 Cabal upon his retirement. K -9 Cabal began his service
in 1999, was trained to detect explosives, and had performed in excess of 450 searches for
bombs; however, due to deteriorating health was now unable to continue to perform his
duties.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett advised that Hank DuFour and she had attended the task force for
the transportation initiative. The immediate need identified at the meeting was for some type
of trolley system working between Downtown at the Gardens and Gardens Mall. One or two
trolleys were planned initially. Councilmember Barnett advised that she would keep the City
Council advised of the work of this task force. Councilmember Levy reported he had attended
the Loxahatchee River Management Coordinating Council, which had toured the Pine Glade
Natural Area, which was being restored by the County. Councilmember Levy showed slides
of the Natural Area, and provided a report of the meeting that followed. Councilmember Levy
encouraged everyone to attend Step Up Florida on February 14. Councilmember Valeche
reported he had attended an inspiring presentation at the Covenant Center by the Mayor from
a town on the West Bank. Vice Mayor Jablin thanked Frenchman's Creek for sponsoring a
free concert series. Mayor Jablin thanked Betty Marks for the Sandhill Crane Sculpture which
was to be installed at Sandhill Crane Park. Mayor Russo reported attending many meetings
related to Scripps and that he was going to meet with Governor Bush in Tallahassee the next
day. Mayor Russo urged attendance at the February 14 meeting of the County Commission.
Discussion ensued regarding directing staffto look at ways to protect a biotech overlay on 70
acres of the Briger site. The Council agreed to have the City Manager speak with Casey
Steinbacher of the Chamber of Commerce regarding the City's participation in the
Countywide Housing Consortium, which might be beneficial in the City's quest for affordable
workforce housing.
CITY MANAGER REPORT:
The City Manager reported solutions were being considered to the concerns expressed in a
letter by a resident over the sidewalk being interrupted by The Borland Center construction.
Mayor Russo requested that staff look at ways to help homeowners' associations replace
signs damaged in the hurricanes.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06 2
COMMENTS FROM THE PUBLIC:
Vito DeFrancesco, Shady Lakes, commented The Commons still had their holiday lights up,
and they had been up more than four months, in violation of City code, and he believed favors
had been given, and he wanted the law followed. Mr. Wu responded no favors had been given
to this developer, and 90 days were allowed per calendar year. They planned to take the lights
down around February 10, and so would have used one month and ten days of the time
allowed for this year. Eileen Tucker, Shady Lakes, commented the police department was
marvelous; commented she did not understand why a certified mail letter for this meeting was
delivered to her later than to the other people in her area; and asked why Councilmember
Levy had not made the same kind of presentation for Borland that he had made tonight on the
Pine Glade Natural Area. Paul Auerbach commented on a certified letter he received from the
City that a certain item would be on the agenda tonight, but it was not on the agenda; also, a
year or more after the plan had been approved for Borland he believed they should have to
stop construction if they did not comply. Mr. Wu responded this project had applied for
extension of the buffers which made it quasi judicial, and it could not be discussed tonight
because the applicant was not present. The quasi judicial hearing would be heard before the
Planning Zoning and Appeals Commission —there had been an error in posting and therefore
the hearing and the agenda item for tonight had had to be cancelled. Mr. Wu explained the
notification process. The City Manager explained there would be no building permits or
inspections allowed as of Saturday but that would not stop all construction. The applicant
planned to appear before City Council on March 2.
CONSENT AGENDA:
Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy seconded
the motion, which carried by unanimous 5 -0 vote. Therefore, the following items were
approved on the consent agenda:
a. Approve Minutes from the January 5, 2006 regular City Council meeting.
b. Approve Minutes from the January 12, 2006 special City Council meeting.
C. Resolution 15, 2006 - Interlocal Agreement with Palm Beach County. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an Interlocal Agreement with Palm Beach County to effectuate the
exchange of land and Geographic Information System (GIS) data; authorizing
the Mayor and City Clerk to execute such Interlocal Agreement; and
providing an effective date.
d. Proclamation – Step up Florida Day.
e. Resolution 25, 2006 - Amending Resolution 184, 2005 approved and adopted
on December 15, 2005 – Redecoration of an emergency waiving of
competitive bid requirements, and authoring the City Manager to contract for
repairs, debris clearing and hauling, and other services, by increasing the
amount not to exceed $700,000 due to damages incurred during Hurricane
Wilma.
PUBLIC HEARINGS:
Part II – Non -Quasi judicial
Ordinance 1 2006 – (2"d reading and adoption) Expedited Development Review Program for
Economic Development Projects. An Ordinance of the City Council of the City of Pahn
Beach Gardens, Florida relating to an Expedited Development Review Program for Economic
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06
Development Projects; creating a new Section 78 -57, Code of Ordinances, to be entitled
"Targeted Expedited Permitting Program"; providing for codification; and providing an
effective date. Mayor Russo declared the public hearing open. The City Clerk read Ordinance
1, 2006 on second reading by title only. Staff reported there had been no changes since the
last presentation. Hearing no comments from the public, Mayor Russo declared the public
hearing closed. Vice Mayor Jablin moved to adopt Ordinance 1, 2006 on second reading by
title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 5, 2006 - Approve a contract award to Construction Technology, Inc., for the
construction of the Sandhill Crane Access Park. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a contract to Construction Technology, Inc. for the
design and construction of Sandhill Crane Access Park and all related appurtenances;
authorizing the City Manager to take all actions necessary to complete the project in a timely
manner; and providing an effective date. Todd Engle, Construction Services, presented the
staff report. Vice Mayor Jablin moved to approve Resolution 5, 2006. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 8, 2006 - Amending Article III of the City of Palm Beach Gardens Code of
Ordinances, Entitled Police Officers' Retirement Trust Fund. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to the Police Officers' Retirement
Trust Fund; amending Section 50 -116, Code of Ordinances, entitled "Normal Retirement ";
amending Section 50 -135, Code of Ordinances, entitled "Annual Adjustments "; amending
Section 50 -136, Code of Ordinances, entitled "Monthly Supplemental Benefits"; providing for
codification; and providing an effective date. The City Clerk read Ordinance 8, 2006 by title
only on first reading. Allan Owens, Finance Director, presented the staff report, which
recommended denial of Ordinance 8, 2006. Bob O'Dell from Palm Beach County PBA
discussed how the proposed enhancement could enhance quality of life. Martin Greenberg
reported he had been a Police Department employee for over 20 years and the enhancement
could allow employee families to stay here after retirement. Wayne Sidey commented he had
been on the Police department over 20 years also, and asked that this proposal be considered
very seriously. Jay Spencer provided a history of the pension plan and asked for consideration
of this request. Attorney Bonni Jensen, Counsel for the Pension Plan, answered questions.
Councilmember Valeche indicated he would like a comparison with multipliers for other
cities, and looking at all the other pension plans within the city, and looking for solutions to
under funding. Councilmember Valeche noted he supported fully using the State 185 funds to
provide additional benefits for the police department. During ensuing discussion, Mayor
Russo commented the City must be fiscally responsible, look at the whole picture, and
determine if the right amount was being put in, and he wanted the pension benefit to be as
strong as it could be; to look at comparisons with other cities, but this City should be in the
top 5 %. Attorney Jensen explained the plan was actuarially sound, but was not fully funded.
Councilmember Barnett indicated her support for this ordinance, and for helping police
officers live in the City. City Manager Ferris indicated the fund was actuarially sound with the
City contributing to keep it sound, which was required by law, and urged that he be directed
to find a firm or individual who could do an analysis of all the pension plans. Councilmember
Barnett made a motion to approve Ordinance 8, 2006 on first reading. Councilmember Levy
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06 4
seconded for discussion. Councilmember Levy favored passing the ordinance on first reading
but not scheduling a second reading until information had been obtained to make an intelligent
decision. City Manager Ferris indicated staff would have to come back after they located
someone who could do the analysis, to advise how long it would take. Finance Director
Owens noted looking through the actuary's report that the 3.28 multiplier would be $212,000
additional to the $269,000 for the change in salary assumption, and the additional for the
100% cap was $56,000, for a total of roughly $536,000 annually; however, the $269,000 was
in regardless. Mayor Russo noted if Council agreed to spend any additional amount, it was
not budgeted. The Finance Director explained the cost would not start until October 1 ofnext
year. 8.5% of the 24% contribution was for pensions for disability of people who had been
hurt on the job. Councilmember Valeche commented this was a good time to look at the
whole picture, including disability. Mayor Russo indicated he was prepared to vote for this on
first reading but it must be resolved by the time it came back. Vice Mayor Jablin commented
he did not want to see this again until there had been a workshop. Councilmember Barnett
noted there were two issues — whether it was under funded now and how funding would be
going forward, and both needed to be addressed. Councilmember Levy proposed a
compromise to go to 3.28 multiplier; Vice Mayor Jablin wanted all the facts before doing
anything. Mayor Russo noted he thought an overall financial plan was needed.
Councilmember Valeche indicated he would vote for this on first reading with the caveat that
there were still a lot of questions and information was needed, but this was to get to a
solution. Vice Mayor Jablin agreed. The multiplier in the ordinance was 3.5. The motion
passed by 5 -0 vote. Mayor Russo announced that at the next meeting a report of how to get
the study done would be presented.
Mayor Russo called on John Chaplik, Hudson Bay Drive, who had a question. Mr. Chaplik
expressed concern with a dangerous intersection by Legacy Place, when coming to the
intersection from the library, there was a wall which created a blind side. Staff reported they
were working to correct that.
CITY ATTORNEY REPORT:
City Attorney Tatum announced on February 8 there are oral arguments scheduled in the
Vavrus case for an appeal of the State Court decision in favor of the City.
ITEMS FOR COUNCIL DISCUSSION:
Councilmember Barnett commented grant money was available for bike lanes and asked
that be looked into, since it could benefit certain areas of the City. City Manager Ferris
indicated staff could put together information regarding the grants.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06
ADJOURNMENT
There being no further business
APPROVAL:
ATTEST:
P RICIA SNIDER, CMC
CITY CLERK
VY
p.m.