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-