HomeMy WebLinkAboutMinutes Council 072006CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
July 20, 2006
The July 20, 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. A moment of silence was observed for
the conflict in the Middle East.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Russo announced one modification, reporting that an error had been found in the legal
description for Resolution 55, 2006 - Cimarron Cove, and a new legal description had been
provided to each member of the Council. Councilmember Jablin made a motion to approve
the modification as read into the record by Mayor Russo. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
Vice Mayor Barnett reported the new Hospice and Palative Care unit had just opened at Palm
Beach Gardens Medical Center. Councilmember Levy reported the Loxahatchee River
Management Coordinating Council had met, and the vote to allow South Florida Water
Management District to go from orange groves to sod on leased lands had failed.
Councilmember Valeche reported he and the Vice Mayor had attended the Housing
Leadership Council lunch, where the statistical study on affordable housing in Palm Beach
County had been unveiled, which revealed the magnitude of the problem and showed the
need for value added employers, including Scripps. Councilmember Valeche reported the
City had been asked to become a sponsor of the Housing Leadership Council, which he felt
was worthwhile, and suggested funding sources. Mayor Russo suggested the City Manager
come back with a recommendation. Councilmember Levy reported he had attended his
neighborhood Code Enforcement meeting, the changes were for safety, to increase housing
values, and the Code Enforcement department would work with the residents. Vice Mayor
Barnett advised the Housing Leadership Council needed funds, but also needed a toolbox to
work with, and they were gathering information from around the country to use in the
affordable housing program. Councilmember Jablin reported the lighting modifications on
PGA Boulevard were to begin July 24. Mayor Russo advised he had been misquoted in a
newspaper article regarding hiring a lobbyist, and the City already had a lobbyist; however,
Commissioner Marcus had suggested the City join with West Palm Beach and Royal Palm
Beach in hiring an attorney to represent them at DCA, which he felt was a good idea.
Councilmember Levy made a motion to authorize the City Manager to hire the appropriate
professionals to represent the interests of Palm Beach Gardens in reference to the Callery-
Judge project. Councilmember Jablin seconded the motion. Vice Mayor Barnett clarified the
City's concerns regarding traffic and quality of life if the county went ahead with their plan
for western development. Councilmember Valeche requested a study on this matter. City
Attorney Tatum described the next steps in the process. Motion passed 5 -0. Mayor Russo
reported he had attended the Economic Development Advisory Board meeting and the
Biotech Overlay Protection meeting and indicated he felt the North County area should be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 2
aggressive in trying to attract biotech companies, and suggested Parcel 5A as a perfect
location. Mayor Russo volunteered to sit on the new Life Science Advisory Board. Mayor
Russo welcomed Boy Scouts present at the meeting.
CITY MANAGER REPORT:
Michael Busha - Treasure Coast Regional Planning Council to discuss the Planning Charrette
- City Manager Ferris announced timelines had been provided for a charrette with resident
participation. Mr. Busha gave a presentation advising what Treasure Coast Regional
Planning Council did in providing a charrette. Vice Mayor Barnett indicated she felt that the
charrette should not be provided by a local agency. During discussion, high rise development
and affordable housing with focus on the PGA corridor was identified as potential subject
matter for a charrette. Councilmember Jablin moved to authorize the City Manager to enter
into a contract with a charrette facilitator. Councilmember Levy seconded the motion.
Motion carried 4 -1 with Vice Mayor Barnett opposed.
Fiscal Year 2007 Budget Presentation — Finance Director Allan Owens announced the
proposed maximum millage rate of 5.86 %, a reduction of l .1 % from the prior year, and
reviewed highlights of the general fund budget. Mr. Owens recommended increasing reserves
to 17 %, and reported the Budget Committee agreed with the budget and with increasing the
reserves. Staff recommendation was maximum operating millage of 5.7 and debt service
millage of. 16, and setting the date and time for the first public hearing September 6 at 6 p.m.
Councilmember Valeche questioned the projections which he felt did not fit with historical
experience.
City Manager Ferris recommended canceling the August 3, 2006 meeting because there was
only one agenda item. Councilmember Jablin made a motion to cancel the August 3, 2006
City Council meeting and to move the agenda item to the August 17, 2006 meeting.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
COMMENTS FROM THE PUBLIC:
Tom Sosey, Bent Tree, reported a newspaper article had indicated many people had been
priced out of the housing market because their incomes had failed to keep up with runaway
home prices, and asked that the City adopt a requirement that each development contain a
portion of affordable housing, structured as had been done in Abacoa. Mr. Sosey advised he
agreed with staff recommendation to deny Ordinance 21, 2006.
Vito DeFrancesco, Shady Lakes, reported the Planning, Zoning and Appeals board had not
agreed with the staff proposal to change the PGA overlay, and expressed his opinion that the
money for the trolley should have gone to affordable housing. Mr. DeFrancesco felt
developers were treated better than residents with Code Enforcement taking down lost dog
signs and garage sale signs and leaving 43 signs in front of a new development when only
one was allowed.
Joan Elias, Diamond Head Way, reported a Police Officer and Emergency Medical Services
stayed with her neighbor for over an hour when they informed her of the death of her son in
the Bahamas, called the Bahamas for her, and stayed with her until a friend came. The
neighbor had asked her to thank the City for its personnel going above and beyond the call of
duty in this sad situation.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 3
Roger Blangy, Hemlock Street, advised on the Department of Transportation case of the
Kyoto Drive railroad crossing which had been determined to be unsafe, and an overhead
crossing was suggested instead. Mr. Blangy requested a meeting on this matter, which was
referred to the City Manager to report back to Mr. Blangy.
Jordan Conners, Jensen Beach, with Resource Group, the City's lobbyist, offered their
services on the issue with City of West Palm Beach and Royal Palm Beach; and reported he
had helped Councilmember Valeche set up a meeting with the proper party to discuss zip
codes and insurance rates. Representative Domino had been promised information on this
issue by a Nationwide Insurance representative, and Mr. Conners hoped to get something
passed on this in Tallahassee next year.
Gus Constantine, Bedford Avenue, reported he and Councilmember Valeche had been
working on the insurance issue for two years; and he had been told his automobile insurance
would be $180 less per six months if his zip code was 33418. Councilmember Valeche noted
this was a policy matter that the Insurance Commissioner's office would have to address, and
he felt it would be appropriate for the City to get a class form that would have some standing
to correct this unfair issue and suggested the residents meet with him and the City Attorney.
CONSENT AGENDA: Councilmember Levy wanted to have a brief discussion on Items d
and e. Councilmember Jablin made a motion to approve the consent agenda except items d
and e. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. The
following items were therefore approved on the consent agenda.
a. Approve Minutes from the June 14, 2006 Workshop City Council meeting.
b. Approve Minutes from the June 15, 2006 Regular City Council meeting.
C. Resolution 75, 2006 - Addendum I to the Stand -By Agreement with Phillips
& Jordon, 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 I to the Stand -By Agreement with Phillips & Jordon, Inc. for
Disaster Recovery Services as an alternate source; authorizing the Mayor and
City Clerk to execute the addendum; and providing an effective date.
f. Resolution 78, 2006 - Approve Work Authorization No. 1 to Martin Fence
Company. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving Work Authorization No.I with Martin Fence
Company to provide and install fencing component systems at the Lake
Catherine Sports Complex; authorizing the Mayor and the City Clerk to
execute said Agreement; and providing an effective date.
g. Resolution 79, 2006 - Renewal of insurance benefits. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the
renewals of Blue Cross Blue Shield of Florida, Policy Number 91062,
Guardian Policy Number 407008, and Jefferson Pilot Financial Policy
Numbers 000010074146 and 000010074147, for Fiscal Year 2006/2007; and
providing an effective date.
h. Resolution 80, 2006 — The Estates Easement Deed. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida granting a force main
easement to Platinum I, LLC, and partially releasing a drainage easement to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 4
Platinum I, LLC, related to construction of the "Estates Project "; and providing
an effective date.
i. Resolution 82, 2006 — Modifying schedule for City Council meetings. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
modifying the schedule for regular City Council meetings; and providing an
effective date.
Items d and a were pulled for discussion:
d. Resolution 76, 2006 — Contract award to Musco Lighting, LLC. in an amount
not to exceed $277,315. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a Contract with Musco Lighting, LLC for the
purchase and installation of sports lighting at Lake Catherine Sports Complex
via an existing Agreement with the City of Jacksonville; and providing for an
effective date.
e. Resolution 77, 2006 — Contract award to Musco Lighting, LLC. in an amount
not to exceed $353,221. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a Contract to Musco Lighting, LLC for the
purchase and installation of sports lighting at Plant Drive Park via an existing
Agreement with the City of Jacksonville; and providing for an effective date.
Staff advised that these lights used by the City of Jacksonville were identical to those used by
the City and it was much cheaper to piggyback onto their contracts. Councilmember Jablin
made a motion to approve items d and e of the consent agenda. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
PUBLIC HEARINGS:
Part I — Quasi - judicial - Mayor Russo announced the procedure that would be followed in all
of tonight's quasi-judicial cases. The City Clerk swore in all those intending to offer
testimony in any of these cases.
Resolution 60, 2006 — Gardens Home Management Plat. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Gardens Home Management Plat;
and providing an effective date. The City Clerk read Resolution 60, 2006 by title only. Mayor
Russo declared the public hearing open and called for ex -parte communication. Each
member of the Council reported none except Councilmember Levy who indicated he had
spoken to Dan Clark. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Councilmember Jablin made a motion to approve Resolution 60, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 68, 2006 - Conditional use approval for Phase 2B. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida granting conditional use approval for the
relocation of the previously approved Helistop and for the reduction of 5,800 square feet of
Medical Office use for Phase 2B within Palm Beach Gardens Medical Center Planned Unit
Development (PUD) located at the Southeast corner of Burns Road and Gardens East Drive,
as more particularly described herein; providing for waivers; providing for conditions of
approval; and providing an effective date. The City Clerk read Resolution 68, 2006 by title
only. Mayor Russo declared the public hearing open and called for ex -parte communication.
Each member of the Council reported none except Councilmember Levy, who indicated he
had spoken to Anne Booth and discussed the waivers and purpose of moving the pad.
Councilmember Jablin reported he spoke with Anne Booth. Hearing no comments from the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 5
public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a
motion to approve Resolution 68, 2006. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote.
Resolution 70, 2006 - The Frenchman's Yacht Club Development Plat. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Frenchman's Yacht
Club Development Plat; and providing an effective date. The City Clerk read Resolution 70,
2006 by title only. Mayor Russo declared the public hearing open and called for ex -parte
communication. Each member of the Council reported none. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a
motion to approve Resolution 70, 2006. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote.
Ordinance 22, 2006 — (2 °d reading and adoption). An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 50.58 acres,
generally bounded by Interstate 95 and Central Boulevard to the West, the future extension of
Victoria Falls Boulevard to the North, the future extension of Elm Avenue to the East and the
Paloma Planned Unit Development (PUD) to the South, as more particularly described
herein, from a Planned Development Area (PDA) zoning designation to a Mixed -Use
Planned Community District (MXD /PCD) overlay zoning designation to be referred to as the
"Parcel 31.04 MXD /PCD "; amending the zoning district map; and providing an effective
date. [Resolution 53, 2006 is a companion item to Ordinance 22, 2006 and will require
Council action.] Resolution 53, 2006 — MXD Rezoning - A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the master development plan for the
50.58 -acre parcel 31.04 Mixed -Use Planned Community Development (MXD /PCD),
generally bounded by Interstate 95 and Central Boulevard to the West, the future extension of
Victoria Falls Boulevard to the North, the future extension of Elm Avenue to the East, and
the Paloma Planned Unit Development (PUD) to the South, as more particularly described
herein, to allow the development of 15,000 square feet of restaurant use, 4,000 square feet of
drive -in bank use, 12,000 square feet of drugstore use, 11,600 square feet of commercial
retail use, 10,000 square feet of professional office use, and 252 multi - family units, on three
parcels; providing for one waiver; providing for conditions of approval; and providing an
effective date. [Resolution 55, 2006 is a companion item to Ordinance 22, 2006 and will
require Council action.] Resolution 55, 2006 — Cimarron Cove new residential. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the master
development plan for the 24.17 -acre "Parcel C" of the Parcel 31.04 Mixed -Use Planned
Community Development (MXD /PCD), generally bounded by Interstate 95 and Central
Boulevard to the West, the future extension of Victoria Falls Boulevard to the North, the
future extension of Elm Avenue to the East, and the Paloma Planned Unit Development
(PUD) to the South, as more particularly described herein, to be referred to as "Cimarron
Cove ", to allow the development of 204 townhouse units; providing for waivers; providing
for conditions of approval; and providing an effective date. The City Clerk read Ordinance
22, 2006 on second reading by title only, and Resolution 53, 2006 and Resolution 55, 2006
by title only. Mayor Russo declared the public hearing open and called for ex -parte
communication. Each member of the Council reported none 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 22, 2006 on second reading by
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 6
title only. Councilmember Levy seconded the motion with the statement he still thought it
was too heavy on the residential, which carried by unanimous 5 -0 vote. Councilmember
Jablin made a motion to approve Resolution 53, 2006. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote. Councilmember Jablin made a motion to
approve Resolution 55, 2006 with the amended legal description. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
Part II — Non - Quasi - judicial
Ordinance 16, 2006 — (2nd Reading and adoption) Public Notice Requirements. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida relating to Public Notice
Requirements; amending Section 78 -54, Code of Ordinances entitled "Public Notice," to
amend certain requirements for public notice for development applications; providing for
codification; and providing an effective date. The City Clerk read Ordinance 16, 2006 by title
only on second reading. The Council indicated no staff report was necessary since those
members not present at the first hearing had heard the presentation by telephone. Mayor
Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 16,
2006 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 4 -0 vote, Councilmember Valeche was off the Diaz.
RESOLUTIONS:
Resolution 62, 2006 - Employment Agreement between the City and Professional
Firefighters /Paramedics of Palm Beach County, Local 2928, IAFF, Inc. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving and ratifying a Collective
Bargaining Agreement with Professional Firefighters and Paramedics of Palm Beach County,
Local 2928, IAFF, Inc. employed by the City's Fire Rescue Department for Fiscal Years
2005 -2006, 2006 -2007, and 2007 -2008; authorizing the Mayor and City Clerk to execute
said agreement; and providing an effective date. Councilmember Jablin moved approval of
Resolution 62, 2006. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 74, 2006 — Proposed tentative Millage rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a proposed maximum millage rate for the
City of Palm Beach Gardens for Fiscal Year 2006/2007; setting the date, time, and place of
the first budget hearing; and providing an effective date. Councilmember Jablin moved
approval of Resolution 74, 2006 setting the maximum millage rate at 5.70% and debt service
at .16% and the dates for public hearings September 6, 2006 at 6 p.m. in the Council
chambers and September 20, 2006 at 6 p.m. in the Council chambers. Councilmember Levy
seconded the motion. During discussion of the motion, Councilmember Valeche indicated if
approximately $900,000 was added to bring the pension plan up to date, spending would
really be increased 13.6 %. Councilmember Valeche discussed the City's windfall from
property valuations, and expressed his opinion that windfall should be shared with the
residents by reducing taxes this year, and proposed increasing reserves by 15% and proposed
a substitute motion of a maximum millage rate of 5.43 %. It was clarified that this motion was
only setting the maximum, which could be reduced. The Vice Mayor asked for actual figures
taxpayers would pay in specific examples of typical properties, the increase in pension for all
employees spread in the budget and not in reserves, the economic incentive program broken
out, transportation program broken out, and possible legal fees taken out of reserves and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 7
placed into proper categories. Councilmember Valeche's substitute motion died for lack of a
second. Councilmember Valeche expressed his opinion that to over fund reserves past the
policy limit was not proper, and commented the City was collecting 20% more in ad valorem
taxes this year. Motion carried by 4 -1 vote with Councilmember Valeche opposed.
ORDINANCES:
Ordinance 21, 2006 — Southampton Community Development District. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida establishing the Southampton
Community Development District pursuant to the provisions of Section 190.005, Florida
Statutes; designating the powers of the district; and providing an effective date. The City
Clerk read Ordinance 21, 2006 on first reading by title only. Attorney Steve Sanford, with the
firm of Greenberg Taurig, spoke on behalf of the petitioner, and answered questions from the
City Council. Concerns expressed by City Council were the costs to the future residents of
the development, that this would become a homeowners association, what would happen
during hurricanes, and that this would add another layer of bureaucracy. Councilmember
Valeche indicated he saw no detriment to the City. Discussion ensued. Councilmember
Jablin made a motion to deny Ordinance 21, 2006. Vice Mayor Barnett seconded the motion,
which carried by 4 -1 vote, with Councilmember Valeche opposed.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Discussion on future design plans and modifications for City Hall Plaza — Councilmember
Jablin reported he had met with Jack Doughney several times and they had incorporated a
plan using funds designated for that project. Charlotte Presensky provided a presentation in
which it was indicated that indoor climate controlled space, food service capabilities, and
positive social gathering space were missing from the golf course and were needed for
continued success of social and cultural events. Dan Reedy provided a presentation for a
proposed clubhouse at the golf course that would accommodate these needed items and
possible funding. Mr. Doughney indicated staff would like to explore this with the
Recreation Advisory Board. Discussion ensued. Concern was expressed whether residents
would go that far away for events. Councilmember Valeche suggested holding a few events
at the golf course to see what the attendance was. Staff was directed to explore this and do a
survey of the residents.
CITY ATTORNEY REPORT:
Mayor Russo gave City Attorney Tatum a legal document he had received regarding the
Vavrus case.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 8
ADJOURNMENT
There being no further business to discuss, the/nepfing vAg adjo)#hed at 10:39 p.m.
APPROVAL:
V
COUNCILN4KBER LEVY
4 V I /
CO NCILMEMBER VALECHE
ATTEST:
PATRICIA SNIDER, C C
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.