Loading...
HomeMy WebLinkAboutMinutes Council 040606CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 6, 2006 The April 6, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:02 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 Barnett, Councilmember Jablin, Councilmember Levy, and Councilmember Valeche. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced the following modifications: to move Resolution 37, 2006 following Presentations, and to postpone Resolution 26, 2006 to the May 4, 2006 City Council meeting. Councilmember Levy moved additions, deletions, and modifications as read into the record by Mayor Russo. Motion was seconded by Vice Mayor Barnett and carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Energy Conservation Efforts — Operations Director for Public Works Mike Morrow discussed energy conservation efforts by the City, reporting that FPL had identified opportunities to increase energy savings, and a plan had been implemented to increase fuel efficiency in new and replacement vehicles. Mr. Morrow reviewed the items which the City was implementing to save electricity and for more efficient vehicle operation. FPL had committed to assist in review of cost savings measures throughout the year, and energy savings opportunities would continue to be identified. Audit Report — Finance Administrator Allan Owens presented the Comprehensive Annual Financial Report for the year ended September 30, 2005. Mr. Owens reported this was the first year that auditors McLandry and Pullon had done the audit, which had been completed more timely with no management letter comments. Auditor Bob Feldman reviewed highlights of the report, which reflected a very sound financial picture and a clean opinion from the auditors. RE- ORDERED AGENDA ITEM Resolution 37, 2006 - Florida Parks, Recreation, and Public Safety Equipment Revenue note. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of a not -to- exceed $2,600,000 City of Palm Beach Gardens, Florida Public Improvement Note, Series 2006, to finance the cost of certain improvements to the City's Parks and Public Safety Facilities; awarding such note to Wachovia Bank, National Association, by negotiated sale; fixing the denomination, maturity, interest rate, redemption provisions, and other details with respect to such note; designating the City as the paying agent and registrar for such note; and providing an effective date. Finance Administrator Allan Owens reviewed the purpose and details of the loan. Vice Mayor Barnett asked if 1250 funds could be designated to other uses, which was confirmed. City Manager Ferris advised a copy of the State statute would be distributed to Council. Mayor Russo recognized Boy Scout Troop 155 at this time, and called for public comment. Tory Buckley commented this could be approved without his comments. Ruth Peeples, 184 Bent Tree, spoke in favor of Resolution 37, 2006. Councilmember Jablin moved approval of Resolution 37, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06 2 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: Vice Mayor Barnett reported she had spoken to Boy Scout Troop 132 during the past week, and had also attended for the first time the Community Aesthetics Board as a liaison. Councilmember Levy reported he had attended the Loxahatchee River Management Coordinating Council meeting, and advised the river management and restoration plan was in final draft form and would go before the South Florida Water Management District board this month. Councilmember Levy also reported that SFWMD owned one million acres in South Florida which would be preserved for environmental restoration, and reuse water would be used for parcel 19. Councilmember Levy commented he had attended River Fest, provided a report on the Recreation Advisory Board meeting, and announced the Loxahatchee River Science Symposium at Jupiter Town Hall on April 26 and 27. Councilmember Valeche advised he had misspoken at the last meeting and the Northern Palm Beaches Chamber of Commerce Affordable Housing Task Force had not been disbanded. Councilmember Jablin reported he attended the Frenchman's Creek concert and they had committed to doing it again next year. Councilmember Jablin showed a DVD he had made of Dancing under the Stars. Mayor Russo thanked everyone who attended the Town Hall Meeting, reported he had attended a meeting of the North County Scripps group and the cities were on target with everything they had to do, and also had attended a meeting with Jupiter, the North Palm Chamber, and a representative from the Business Development Board to discuss how to shorten the process when prospects came through. Mayor Russo reported he would be attending a meeting with the new Honda Classic event coordinator to address issues which would affect the City. Mayor Russo asked the City Council to meet to critique each department head's budget in a 3 -night public workshop process during June. Vice Mayor Barnett requested that it be an interactive process, where the Councilmembers could ask questions. Consensus was to hold the workshops the middle of June, which would allow 2 weeks to digest the information in the City Manager's budget. Councilmember Valeche noted he had an alternative budget process proposal as discussed in a workshop and this would be a nice addition. CITY MANAGER REPORT: City Manager Ferris reported the County Commission had transmitted a comprehensive plan amendment for the coastal residential exemption area which affected the affordable housing issue. City Attorney Tatum noted the new language had only been received the previous day and the effect on the City was not yet known; however, there was a process for objection if the City wished to do so. Discussion ensued regarding putting the County on notice that the City planned to object, in order to preserve their rights to object. Councilmember Jablin made a motion to authorize the City Manager to write a letter to the appropriate Palm Beach County person to reserve the City's place and giving the City's intent to object to their amendment. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC: Suzanne Archer of Sandalwood, asked what was happening with Sandalwood /Meridian Park regarding the replacement roofs, code enforcement issues, and asked who the contractor was and if they were licensed. City Manager Ferris advised two members of staff would meet with Ms. Archer now and would help with what they could. Paula Magnuson of Sandalwood asked that code enforcement discuss the roof and a/c skirt CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06 3 issue with the Sandalwood board, and presented photos of the condition of the damaged skirts. City Manager Ferris advised staff would do what they could to help. Dennis Berg of Sandalwood reported the contractor had indicated he would be back after reviewing hurricane damage, but they had not seen him, and advised the residents could get no action from their board. Mayor Russo asked Mr. Berg to join the staff and other residents who were meeting on this issue. Vito DeFrancesco, Shady Lakes, reported on results of his request for information regarding the Borland Center, and stated his rights had been violated since the process had not been properly followed. Staff explained the minor and major conditional use processes. Mayor Russo requested a report incorporating the sections of the code where these processes could be found. Roger Blangy, Garden Woods, asked for landscaping in the median on Military Trail from PGA to The Isles. The process for maintaining the medians was explained, and the Mayor asked staff to research this section of the median. The City Manager reported once it was approved by the county, the landscaping would be installed. Angela Wong stated she would meet with Mr. Blangey outside. CONSENT AGENDA: Councilmember 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 March 2, 2006 Regular City Council meeting. b. Approve Minutes from the March 16, 2006 Regular City Council meeting. C. Resolution 36, 2006 — Amend and reinstate Interlocal Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the second amendment to the amended and restated Interlocal Agreement between the Village of North Palm Beach, the City of Palm Beach Gardens, and Palm Beach County, adding the Town of Lake Park as a participant; and providing an effective date. d. Resolution 39, 2006 — Contract award to Musco lighting, LLC for installation of sports lighting at the Tennis Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to Musco lighting, LLC for the purchase and installation of sports lighting at the Tennis Center facility via an existing agreement with the City of Jacksonville, Florida; and providing for an effective date. e. Resolution 40, 2006 - Contract award to Total Maintenance Building Services, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to Total Maintenance Building Services, Inc. for Canal Long -Line Mowing Services; authorizing the Mayor and City Clerk to execute the contract; and providing an effective date. f. Resolution 41, 2006 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida designating the City Manager and the City's Economic Development Director as the official representatives of the City of Palm Beach Gardens authorized to receive and distribute confidential information pursuant to section 288.075, Florida Statutes, relating to plans, intentions, or interests of a private corporation, partnership, or person to CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06 4 locate, relocate, or expand any of its business activities in the state of Florida; and providing an effective date. g. Proclamation — Declaring April as Read Together Palm Beach County Month. h. Proclamation — Declaring the Month of April as Florida's Water Conservation Month. i. Proclamation — Declaring the Month of April as Fair Housing Month. PUBLIC HEARINGS: Mayor Russo announced the procedures that would be followed for the quasi - judicial cases on tonight's agenda. The City Clerk swore in all those intending to offer testimony in any of these cases. Part I — Quasi - judicial Ordinance 10, 2006 — (2" a reading and adoption) Application for abandonment of a portion of Fairview Lane. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an application for the abandonment of the 40' wide by 161' long, North/South portion of Fairview Lane (also known as Fairway Lane), generally located at the Southwest corner of PGA Boulevard and the Florida Turnpike within the PGA National Resort Planned Community Development (PCD); and providing an effective date. [Resolution 23, 2006 is a companion item to Ordinance 10, 2006 and will require Council action] Resolution 23, 2006 — Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment for Gardens Home Management Services located within the PGA National Planned Community Development (PCD) located at the Southwest corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein, to allow the conversion of a 4,486 square -foot former fire station to a professional office; providing waivers; providing conditions of approval; and providing an effective date. The City Clerk read Ordinance 10, 2006 on second reading by title only and Resolution 23, 2006 by title only. Mayor Russo declared the public hearing open and called for any ex -parte communication. No ex -parte communication was reported. It was confirmed there were no changes since the last meeting. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to adopt Ordinance 10, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Jablin made a motion to approve Resolution 23, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 26 2006 - RCA Center PUD Revisions to Approved Development Plans. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Master Development Plan for the approximately 30 -acre RCA Center Planned Unit Development (PUD) (A.K.A. "Parcel 513"), approved by way of Resolution 216, 2004, generally bounded by the PGA Flyover to the North, the Florida East Coast (FEC) Railway to the East, the Gardens Station PUD to the South, and RCA Boulevard to the West, as more particularly described herein, to modify certain conditions of approval and to allow: a reallocation of square footage between certain buildings on site; revised footprints and elevations of certain buildings; addition of a parking structure; and other minor changes to the site and landscape plans; providing additional waivers; providing additional conditions of approval; and providing an effective date. Mayor Russo declared the public hearing open. Jeff Marshall, Catalfumo Construction, asked that this item be postponed to the April 20, CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06 5 2006 City Council meeting. Interim Growth Management Dan Clark explained that would not allow enough time for staff review. Hearing no further comments, Councilmember Jablin made a motion to continue the hearing for Resolution 26, 2006 to the May 4, 2006 City Council meeting. Councilmember Levy seconded the motion, which carried by unanimous 5- 0 vote. Ordinance 13, 2006 — (1" Reading) - Trinity United Methodist Church. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Ordinance 2, 1992, as amended by Resolution 6, 1993, Resolution 143, 1994, and Ordinance 15, 1998, relating to the Trinity United Methodist Church master site plan; transferring the master site plan and related conditions to resolution 35, 2006; and providing an effective date. [Resolution 35, 2006 is a companion item to Ordinance 10, 2006 and will require Council action at second reading.] Resolution 35, 2006 - Trinity United Methodist Church. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the conditional use approval of the Trinity United Methodist Church master plan to allow construction of a two -story Elementary School for grades K -5 with a one -story gymnasium for a maximum of 240 students; approving the phase 7 site plan on the South Parcel; providing conditions of approval; and providing an effective date. The City Clerk read Ordinance 13, 2006 on first reading by title only. Mayor Russo declared the public hearing open. The following ex -parte communications were reported: Councilmember Levy reported he met with Rick Wagner and discussed various items. Councilmember Valeche reported he had spoken with Ms. Weise Roberson, who was affiliated with United Methodist. Mayor Russo reported he had spoken with Tim Vaughn and with Dr. Eissey. Councilmember Jablin reported he had shaken Dr. Eissey's hand. Rick Warner provided a presentation on behalf of the applicant. Bob Fink, BallenIsles, indicated the BallenIsles board was very concerned with the traffic aspect and would work with the applicant. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved to place Ordinance 13, 2006 on first reading by title only. Councilmember Levy seconded the motion, and asked the applicant to continue to work with BallenIsles on a regular basis to see if there were ways of improving for mutual benefit. Motion carried by unanimous 5 -0 vote. Resolution 38, 2006 - Southampton Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Southampton Plat; and providing an effective date. The City Clerk read Resolution 38, 2006. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved approval of Resolution 38, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 42, 2006 - Appointing members to the Bioscience Land Protection Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing one regular member and one alternate member to the Bioscience Land Protection Advisory Board; and providing an effective date. Councilmember Jablin recommended that the Mayor and Vice Mayor be the regular and alternate members. Councilmember Levy stated he was uniquely qualified for this position. Mayor Russo responded that the board had requested the same people for continuity, and this board's function was not allowing changes in zoning from industrial to residential. Discussion ensued. Councilmember Jablin made a CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06 6 motion to appoint Joe Russo as the regular member and David Levy as the alternate. Vice Mayor Barnett seconded the motion, which carried by unanimous 5 -0 vote. Workshop - Evaluation and Appraisal Report (EAR) 2005 "Major Issues ". Brad Wiseman presented the staff report, advised there was a new major issue to encourage economic development for bioscience users, and commented staff would be working on comprehensive plan amendments for workforce housing and transit prior to adoption of the EAR report. The major issues were reviewed. Vice Mayor Barnett suggested redevelopment east of the urban service boundary is added as a major issue. Discussion ensued. Councilmember Jablin made a motion to accept the staff proposal and going forward to add the Vice Mayor's comment. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 46, 2006 — City Attorney Employment Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an employment agreement between Christine P. Tatum and the City of Palm Beach Gardens; and providing an effective date. Tom Sosey commented the Council relied heavily on staff and the attorney, and he was concerned about individual rights, and asked that this item be postponed until answers were obtained to questions regarding citizen's rights. Councilmember Jablin made a motion to approve Resolution 46, 2006. Councilmember Levy seconded the motion. During discussion of the motion, Vice Mayor Barnett asked to discuss Section 7 of the contract, stating the City shall contribute 15% of the attorney's fees to the retirement fund, and stated she was not happy about the 15 %. The other members of the Council indicated they were okay with the contract terms, and this was not the place to negotiate the contract. Councilmember Valeche and Mayor Russo indicated they both thought the salary increase could have been done in stages instead of such a large jump, however, that was the going rate in the private sector. Motion carried 5 -0. Councilmember Levy indicated in light of Mr. Sosey's comment that the City did comply with the Sunshine law. Attorney Tatum thanked the City Council and advised there would be times her opinion differed from that of others, but her client was the City. ORDINANCES: Ordinance 6, 2006 - Amending the Property Maintenance Standards in the Code of Ordinances. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida creating a new Chapter 79 of the Palm Beach Gardens Code of Ordinances to be entitled "Property Maintenance Standards "; repealing Section 86 -27 Code of Ordinances, entitled "Housing Code Adopted "; repealing Sections 34 -123 through 34 -128 of Article V, Code of Ordinances, Entitled "Weeds, Rubbish, Unsanitary Conditions "; providing for codification; and providing an effective date. The City Clerk read Ordinance 6, 2006 on first reading by title only. David Reyes, Community Services, provided the staff report. Vice Mayor Barnett asked that in the title for Section 79 -5 titled "Maintenance and Appearance Standards for all Structures" to add "and Landscape "; and in Section 5 under it to add at the end "as per Section 78 -329 of the Palm Beach Gardens code ". Staff agreed. Councilmember Jablin moved to place Ordinance 6, 2006 on first reading by title only including the amendments as read into the record by Vice Mayor Barnett. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 11, 2006 — Amending the Firefighters' Pension Plan in the Code of Ordinances. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the Firefighters' Pension Plan; amending Section 38 -54, Code of Ordinances, entitled "Finances CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06 7 and Fund Management," to permit investments of up to 10% of the Pension Plan's assets in real estate; providing for codification; and providing an effective date. The City Clerk read Ordinance 11, 2006 on first reading by title only. Finance Administrator Allan Owens presented the request and reported the staff recommendation was 5 %, and verbiage that would allow investments in real estate mutual funds such as REITs or commingled funds, and recommended approval with those modifications. Ed Morejohn, secretary for the pension board, indicated the board agreed with the verbiage suggested by Mr. Owens but asked to permit 10% in investments. David West, Bogdahn Consulting, provided an update on the investment returns of the pension fund, and expressed agreement with the language restricting real estate investments to REIT's or commingled funds, but recommended a 10% asset allocation. Councilmember Valeche reported he was an investor advisor representative, and wanted to assure he was not liable for giving advice. Discussion ensued. Councilmember Jablin made a motion for approval with the understanding that the Ordinance could be fine - tuned before second reading. Councilmember Jablin made a motion to place Ordinance 11, 2006 on first reading by title only. Councilmember Levy seconded the motion which carried by unanimous 5 -0 vote. Ordinance 14, 2006 - Amending the City of Palm Beach Gardens' budget for fiscal year 2005/2006. 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, 2005, and ending September 30, 2006, inclusive; and providing an effective date. The City Clerk read Ordinance 14, 2006 on first reading by title only. Finance Administrator Allan Owens could not locate the staff power point presentation. Mayor Russo noted the presentation could be made at second reading. Councilmember Jablin made a motion to place Ordinance 14, 2006 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: Charter Review — Extending the preliminary report from April 1, 2006 to June 15, 2006. Patricia Snider, City Clerk, reported the proposed extension would not allow time to get any amendments on the November ballot, and reviewed the items that staff had to accomplish before the election. The preliminary report would have to be made to City Council May 18, submitting the final report on July 6, first reading on July 20, second reading August 3, to meet the time requirements. Terry Brady, a member of the Charter Review committee, reported the committee planned to finish their review on Monday. Discussion ensued. Vice Mayor Barnett made a motion to extend the deadline of the preliminary report of the Charter Review committee from April 1, 2006 to June 15, 2006. Councilmember Levy seconded the motion, which carried 4 -1 with Councilmember Jablin opposed. Affordable Housing - Councilmember Jablin reported he had met with a representative of Hilltop Mobile Home Park, and proposed that City Council direct staff to develop an RFQ to see if anyone was interested in building on that land to utilize the City's 6.12 acre parcel for attainable housing development. Councilmember Valeche agreed this was a very good idea, and asked that staff come back with parameters. City Manager Ferris provided background on the current application from Hilltop, and advised staff could investigate and come back with parameters for affordable housing within the City. It was concluded there was not enough information to move on with this matter. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06 8 Mayor Russo reported he would attend the CAN meeting on April 11, and asked if another Councilmember could attend the Jupiter Tequesta Hobe Sound Association of Realtors meeting on the same date, as well as the Frenchman's tea. Consensus was it would be worked out so the attendees could be put on the calendar. CITY ATTORNEY REPORT: City Attorney Tatum reported the City had received another favorable ruling in yet another Vavrus appeal, and upheld the award of attorney's fees to the City. ADJOURNMENT There being no further business to discuss, thing w.adjou�ed at 10:11 p.m. APPROVAL: COUN MENR LEVY COONCILMEMBER VALECHE ATTEST: /---S-�� -- PATRICIA SNIDER, CM CITY CLERK