Loading...
HomeMy WebLinkAboutMinutes Council 090606CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING September 6, 2006 The September 6, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:04 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, and Councilmember Valeche. Councilmember Levy arrived at 6:43 p.m. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced one deletion, Resolution 66, 2006 - Paloma Planned Unit Development Plat, which was requested to be pulled because the plat had not yet been approved by Northern Palm Beach County Improvement District. Councilmember Jablin moved approval of all deletions. Vice Mayor Barnett seconded the motion, which carried by unanimous 4 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Presentation of the Fiscal Year 2006/2007 Budget - Finance Director Allan Owens provided a presentation of the budget, reporting changes made at Council direction since the TRIM hearing in July, and announced the adjusted millage rate of 5.755 %, which would mean a zero increase for any homestead properties. Councilmember Jablin moved to reorder the agenda to place Ordinance 28, 2006 immediately following Announcements and Presentations. Vice Mayor Barnett seconded the motion, which carried by unanimous 4 -0 vote. Council discussion of the budget ensued. Councilmember Valeche presented a proposal which he advised would result in a millage rate of 5.54 %. Ways to save money were discussed. Councilmember Jablin proposed adding $25,000 to the budget for cultural arts, to be a permanent addition to the budget. Councilmember Levy arrived at this point in the meeting. Budgeting for economic development was discussed. Ordinance 28, 2006 — (1"reading) — Fiscal Year 2006/2007 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, 2006 and ending September 30, 2007; and providing an effective date. The City Clerk read Ordinance 28, 2006 by title on first reading. Mayor Russo declared the public hearing open. Paul Vota, resident, expressed his opinion residents were over - taxed, and his concern that new people were paying triple the amount of taxes former owners of the same properties paid. Paul Spain, resident, commented each government agency was increasing their taxes, and expressed his agreement with Councilmember Valeche's comments that new services could not constantly be added, and suggested taking money from reserves for economic development. Mr. Spain requested a meeting be held ahead of the Council meeting to get discussion out of the way before the regular meeting. Casey Steinbacher provided an update of the Housing Leadership Council, which had requested $25,000 in the budget; advised that workforce housing was the most important economic development issue; and requested that the City become a full steering committee member. Joan Elias, 1009 Diamond Head Way, expressed her opinion this was a very good budget and that $1-1/2 million was only a drop in the bucket for economic development, and urged the Council not to stop looking forward. Eileen Tucker, Shady Lakes, and suggested getting together with the cities where the biotech companies were going CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/6/06 2 to be located. Ms. Tucker expressed her opinion that non - residents should pay to attend events, and that the full budget should be made public, and was advised that the full budget was on the website. Tom Sosey, Bent Tree, reported he had not seen the citizens Advisory Committee report on the budget and asked that it be a part of the budget. Mr. Owens reported the report was being finalized and would be provided to Council and on the website by the end of the week. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Discussion by Council ensued. Councilmember Jablin made a motion to adopt a tentative millage rate of 5.755 mils for Fiscal Year 2006/2007. Councilmember Levy seconded the motion. Motion carried by unanimous 5 -0 vote. Councilmember Jablin made a motion to make an announcement that the proposed rate exceeds the rolled back rate by 17.03 %. Councilmember Levy seconded the motion. Motion carried by unanimous 5 -0 vote. Councilmember Jablin made a motion to approve Ordinance 28, 2006 on first reading by title only adopting a tentative budget for the Fiscal Year 2006/2007, setting the second and final reading for September 20, 2006 in the Council Chambers at 6 p.m. Councilmember Levy seconded the motion. Vice Mayor Barnett made an amended motion to approve Ordinance 28, 2006 on first reading by title only adopting a tentative budget for the Fiscal Year 2006/2007, with the change that the economic development division be put back into reserves and setting the second and final reading for September 20, 2006 in the Council Chambers at 6 p.m. Councilmember Levy seconded the amended motion, which carried by unanimous 5 -0 vote. A short recess was called by Mayor Russo. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: Councilmember Levy reported he had attended a Parks & Recreation Advisory Board meeting and the group reviewed the PGA Park master plan and had expressed discomfort with placing a cultural center at the golf course. Councilmember Valeche reported Admiral Tom Morris had passed away and announced the funeral time. Mayor Russo expressed sympathy that former Councilwoman Annie Delgado's daughter had also passed away. Councilmember Jablin thanked the owners of Flower Kingdom, who gave out free roses with the caveat that out of a dozen, eleven must be passed on to others. Mayor Russo reported he had attended the Business Development Board, the ribbon cutting at Jared's at Legacy Place, Palm Beach Gardens Night at the ball park, and a meeting with Commissioner Marcus and the Honda Classic representatives. Councilmember Jablin reported Mr. Ecclestone had indicated the City officials would be able to meet the new owners of PGA National. 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 July 20, 2006 Regular City Council meeting. b. Resolution 95, 2006 - Approve the Second Amendment to the Financial Assistance Agreement with Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Second Amendment to the Financial Assistance Agreement with Palm Beach County for median beautification on Military Trail as part of the Keep Palm Beach County Beautiful Grant Program; and providing an effective date. C. Resolution 97, 2006 - Cost Sharing Agreement with Pointe Property Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement between the City of Palm Beach CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/6/06 3 Gardens and Pointe Property Development, LLC for roadway median installation and maintenance activities; and providing an effective date. d. Resolution 100, 2006 - Approve an Agreement with C &W Logistics. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Agreements with C & W Logistics, Inc. as primary contractor and Total Maintenance Building Services, Inc. as alternate contractor for storm - generated debris material disposal services; authorizing the Mayor and the City Clerk to execute said agreements; and providing effective dates. e. Resolution 101, 2006 - Approve a Stand -by Agreement with Manpower for Storm Debris Monitoring Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Manpower for temporary employment related to Storm Debris Monitoring Services; and providing an effective date. f. Resolution 103, 2006 - Approve a contract with Charles S. Whiteside, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to Charles S. Whiteside, Inc. for paving services at the City of Palm Beach Gardens Golf Course in an amount not to exceed $89,242.00 via an existing agreement with Palm Beach County; and providing for an effective date. g. Third Quarter Financial Report. h. Proclamation — National Sickle Cell Month. PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo announced the procedures that would be followed in tonight's quasi - judicial cases. The City Clerk swore in all those intending to offer testimony in any of tonight's cases. Resolution 87, 2006 - Approving an amendment to Resolution 114, 2005. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Resolution 114, 2005, which approved the Oak Park Planned Unit Development (PUD), located on the West side of Prosperity Farms Road, 1,277 feet South of PGA Boulevard, as described more particularly herein, to allow for the modification of a condition of approval relating to platting; and providing an effective date. The City Clerk read Resolution 87, 2006 by title only. Mayor Russo declared the public hearing open. No ex -parte communication was reported. Donaldson Hearing made a presentation on behalf of the applicant. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to approve Resolution 87, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 94, 2006 - Amending the Development Order for Legacy Place. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Resolution 108, 2005, the Development Order for the commercial portion of the Legacy Place Planned Community Development (PCD), located on the Southeast corner of the intersection of Victoria Gardens Avenue and PGA Boulevard, as more particularly described herein, to eliminate certain conditions of approval related to the provision of shared parking; providing for one (1) additional condition of approval; and providing an effective date. The City Clerk read Resolution 94, 2006 by title. No ex -parte communication was reported. Marty Minor, Urban Design Studio, made a presentation on behalf of the applicant. Mayor CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/6/06 4 Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to approve Resolution 94, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non - Quasi- iudicial Ordinance 25, 2006 — (1 S` reading) — PGA Overlay Revision. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Section 78 -221, entitled "PGA Boulevard Corridor Overlay" of the City Code of Ordinances; providing for Codification; and providing an effective date. The City Clerk read Ordinance 25, 2006 by title only on first reading. Brad Wiseman, Department of Growth Management, provided the staff presentation and answered questions from the Council regarding specific situations. Mayor Russo declared the public hearing open. Dr. Robert Davis made comments regarding outdoor restaurant seating. Mayor Russo explained the applicant must come before the City to be approved. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to place Ordinance 25, 2006 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 105, 2006 — Appointments to the Planning, Zoning, and Appeals Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Planning, Zoning, and Appeals Board; and providing an effective date. Vice Mayor Barnett asked to have voting records more accessible and possibly to have some new members. Mayor Russo asked to have the ethics policy reviewed. The City Attorney reported a booklet had been prepared for members of all boards and once a year a meeting was held with the boards. Vice Mayor Barnett suggested one member of Planning and Zoning attend Council meetings to provide input on their reasoning. Growth Management Director Kara Irwin explained that a 7 -0 vote from Planning Zoning and Advisory Board was usually after more than one presentation had been made. Discussion ensued. The City Attorney clarified members may serve no more than six consecutive years. Councilmember Jablin made a motion to approve Resolution 105, 2006 with the names Randy Hansen, Craig Kunkle, Barry Present, Dennis Solomon, and Joy Hecht as an alternate inserted in the resolution. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 107, 2006 — Appointments to the Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular members to the Budget Oversight Committee; and providing an effective date. Councilmember Jablin made a motion to appoint Martin Cohen, Harvey Goldberg, John Chaplik, Mark D. Vale and L. Mark Cohen as regular members of the Budget Oversight Committee. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT City Attorney Tatum reported Florida Supreme Court had upheld the trial court and awarded more attorneys' fees to the City in the Vavrus case. The City Attorney was requested to research early sunsetting of the Charter Review Committee. It was clarified that when the economic development funds were to be used that the budget would need to be amended. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/6/06 ADJOURNMENT There being no further business to discuss, qf rpeetingyas adjgurned at 9:23 p.m. APPROVAL: 7 OR RUSSl9' VICE MAYOR BARN TT COUNCILME E JABLIN COUNCMEMBER LEVY CILMEMBff VALECHE ATTEST: PATRICIA SNIDER, CMC CITY CLERK r-