HomeMy WebLinkAboutMinutes Council 092006CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 20, 2006
The September 20, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 6:03 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.
PUBLIC HEARINGS FOR 2006/2007 BUDGET— Non -Quasi Judicial:
Second Public Hearing �of the Fiscal Year 2006/2007 Budget — Finance Director Allan Owens
presented the Fiscal Year 2006/2007 budget, specifically Resolution 102, 2006 which would
adopt a millage, and Ordinance 28, 2006 which would adopt a budget. At the first public
hearing, Council had approved a tentative millage rate of 5.755% resulting in zero increase
for homestead properties. This exceeded the rolled back rate of 17.03 %. Mr. Owens reviewed
changes to the budget that the City Council had made at the first hearing and the actions to be
made regarding the budget as required by State Statute.
Resolution 102, 2006 - Setting the FY 2007 mills eg rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for the City of
Palm Beach Gardens for the Fiscal Year commencing October 1, 2006, and ending September
30, 2007; directing the City Clerk to forward a certified copy of this Resolution to the
Property Appraiser and Tax Collector within three (3) days after its adoption; and providing
an effective date. AND
Ordinance 28, 2006 — (2d reading and adoption) — Adopting 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 ofPalm Beach Gardens for the Fiscal Year commencing October 1, 2006
and ending September 30, 2007; and providing an effective date. Mayor Russo declared the
public hearing open. The City Clerk read Resolution 102, 2006 and Ordinance 28, 2006 by
title only. Casey Steinbacher, Chamber of Commerce, presented a position statement from the
Chamber of Commerce, and explained the impact on the business community was far different
and that ad valorem tax increases averaged 31%-35%. Ms. Steinbacher complimented the
City on their 5 -year projections and made suggestions for future budget process decisions.
Tom Sosey, 149 Bent Tree, expressed disappointment that the comments of the Budget
Committee had only been available for review by citizens for five days, urged the Council to
recalculate the reserve to be 15% and use the savings to reduce the millage, negotiate
employee benefits to reduce future costs, to follow the actuary's recommendation to correct
underfunding of police and fire pension plans, to bring firefighters and police into the Florida
Retirement System pension plan which would necessitate the City paying off any under
funded liabilities, to prioritize capital projects, to re- evaluate the payroll levels using more
representative firms, to make this year's public comments available for the 2007 budget for
reference and comparison purposes, and to make his comments part of a written record. Paul
Vota, resident, expressed his opinion that with record ad valorem revenues much more could
be done, that businesses were in distress and were offered no relief, new development would
be paying taxes next year, and asked for an aggressive attempt by the City and Council to
reduce annual expenses, commented it was becoming affordable to live in the City, and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 2
requested return of $5 million of reserve by rolling down the millage and holding $7 million
for emergency use. Terrance Brady, Garden Oaks, expressed hope the Council took into
account the taxes and insurance residents had to pay and noted 400 homes were in
foreclosure within the City. Hearing no further comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Valeche asked why the transportation
initiative was to only operate six days a week and 51 weeks a year; and pointed out this cost
would be funded by the City in the future. Discussion ensued. Councilmember Valeche
requested to offset the $25,000 added for cultural events by cutting expenses. Vice Mayor
Barnett proposed spending $5,000 for a science lab at Timber Trace and suggested taking it
from public relations. Following discussion on this matter, the Vice Mayor requested the City
Manager place this on an upcoming agenda. Councilmember Valeche proposed a millage
reduction to 5.54% by reducing reserves to 15 %. Councilmember Jablin expressed his opinion
that bioscience should be supported; Councilmember Levy and Vice Mayor Barnett expressed
concern regarding keeping the tax rate stable. Following discussion of proposed reductions to
return money to taxpayers, Councilmember Jablin made a motion to amend the tentative
budget and the tentative millage by reducing the millage rate to 5.659%. Councilmember Levy
seconded the motion. The motion carried 4 -1 with Councilmember Valeche voting against the
motion, explaining that his proposal would have designated $332,000 for a department he had
a lot of questions about and there was still a 25% increase in taxes. A short recess was
declared to allow recalculation of budget figures. Upon reconvening, Councilmember Jablin
made a motion that the City of Palm Beach Gardens adopt a final millage rate of 5.655 mills,
5.495 operating and .16 debts, which exceeds the roll back rate of 4.7807 mills by 14.94 %.
Councilmember Levy seconded. Motion passed 4 -1 with Councilmember Valeche opposed.
Councilmember Jablin moved approval of Resolution 102, 2006 setting the final millage rate
of for the Fiscal Year of 2006/2007 at 5.655 mills. Councilmember Levy seconded the
motion, which carried 4 -1 with Councilmember Valeche opposed. Councilmember Jablin
moved adoption of Ordinance 28, 2006 on second and final reading adopting a final budget
for fiscal year 2006 /2007 with amendments to provide a rate reduction by reducing the
General Fund Budget by $886,061. Councilmember Levy seconded the motion, which carried
4 -1 with Councilmember Valeche opposed.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
Vice Mayor Barnett reported she had been approached by the founder of the Palm Beach
County Human Rights Council in regard to providing domestic partnership rights to full-time
employees of the City, using the county's registry. City Manager Ferris requested time to
evaluate the policy. Consensus of Council was to place a presentation on the October 5
agenda. Vice Mayor Barnett reported attending several meetings on workforce housing and
advised of decisions that needed to be made by the City. Councilmember Levy reported on
the cool cities proposal to achieve reduction of greenhouse effect, which could be an
opportunity to save taxpayers money, and requested the Sierra Club make a presentation on
the November 2 agenda and that staff also make a presentation. Councilmember Levy
announced National Walk to School Day on October 6, 2006, and asked for volunteers.
Councilmember Levy expressed concern the school busses arrived late so people were driving
their children, and asked for permission to contact the school board representative regarding
this issue. Mayor Russo reported he was on a call -in show and a senior requested video
arcades. Mayor Russo reported he attended the Economic Development Advisory Board
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 3
meeting and they wanted to be included in the City's economic development process. The
Mayor asked Council to support directing staff to look at doubling the homestead rebate for
seniors over 65. Mayor Russo expressed his opinion the City needed to get active in the
county's western development plan to be sure the City residents were protected. The Mayor
indicated charter review was an issue for the March ballot and requested a Council/Manager
workshop. A mailing which went out regarding the budget hearing was discussed.
CITY MANAGER REPORT:
Growth Management Director Kara Irwin presented an update on the Board of County
Commissioners' meeting discussing the future of the Mecca site. She reported the
Commission made motions for staff evaluation to review the sector plan, impacts of 2 units
per acre, whether there was justification to increase or decrease density for the developments
within the sector plan, to investigate impacts of transferring development rights from the
Mecca site to the other properties within the sector plan; to require minimum of 20%
workforce housing for all projects within the sector plan and to be able to increase that if
warranted; to evaluate creation of a transportation overlay; to evaluate developments with or
without extension of PGA Boulevard. Ms. Irwin reported how the staffwas working with the
county on this matter, and answered questions from the City Council.
Ms. Irwin reported a proposed comprehensive plan amendment to MXD regulations was
tabled by the Planning Zoning and Appeals board. Mayor Russo explained six months to a
year would be lost if this process was not started now, and this could also affect getting the
Tri Rail station. Discussion ensued. Vice Mayor Barnett expressed her opinion this was not
ready to go forward. Ms. Irwin explained why these proposals for comprehensive plan
amendments were being presented. The City Attorney pointed out the City Council had
promised in the Interlocal agreement to make amendments to the comprehensive plan, and
explained the transmittal process. Consensus was to encourage the Planning, Zoning and
Appeals Board to proceed through the process as quickly as possible and go beyond the text
presented and suggest more alternatives.
Ms. Irwin provided an update of the plans for a charrette, and reported Gladding Jackson had
received the contract. Vice Mayor Barnett expressed her opinion staff was taking direction on
some issues without a consensus from Council.
COMMENTS FROM THE PUBLIC:
Mayor Russo read into the record a letter from Linda Monroe regarding her opinion on the
budget. Vito DeFrancesco, Shady Lakes, commented on the future land use map transmittal
and that densities and intensities were being changed, and none of the properties were posted,
and he believed voting on the amendments tonight would be illegal. Ms. Irwin reported
posting the properties were not required under Ordinance 16, 2006, only an advertisement
was required. Carolyn Chaplik, Hudson Bay Drive, expressed concern there were 400
foreclosures in Palm Beach Gardens and that would create a problem in keeping a stable tax
base. Ms. Chaplik expressed her opinion the 20% minimum for workforce housing and height
restrictions should be removed before transmittal to DCA, so that these could be studied and
details set later.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 4
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. Resolution 106, 2006 — Renewal of Preferred Government Insurance Trust
(PGIT). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the renewal of Preferred Governmental Insurance Trust
Insurance Program for Fiscal Year 2006/2007; and providing an effective
date.
b. Resolution 110, 2006 - Contract award to Davco Electrical Contractors
Corporation. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a contract award to Davco Electrical Contractors
Corporation for the purchase and installation of sports lighting at PGA
National Park via an existing agreement with the School District of Palm
Beach County; and providing an effective date.
C. Resolution 111, 2006 - Amend the contribution percentages to the ICMA
retirement plan. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an amendment to the defined contribution
retirement plan administered by the ICMA Retirement Corporation for City
employees; and providing an effective date.
d. Proclamation — Graffiti Eradication Awareness Day.
PUBLIC HEARINGS:
Part I — Quasi judicial - none
Part II — Non-Quasi-judicial
Ordinance 17, 2006 - (1 " reading) - Large Scale Future Land Use Map Amendment (Future
Land Use Element). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Future Land Use Map of the Comprehensive Plan of the City of Palm
Beach Gardens to apply the Bioscience Research Protection Overlay (BRPO) to certain
properties with an underlying comprehensive plan designation of MXD or I, generally located
in the I -95 corridor, as more particularly described herein, consisting of approximately 591
acres, more or less; and providing an effective date. The City Clerk read Ordinance 17, 2006
on first reading by title. Growth Management Director Kara Irwin provided the staff
presentation for Ordinances 17, 18, 19 and 20, 2006 and answered questions from the City
Council. Mayor Russo declared the public hearing open for Ordinance 17, 2006. Vito
DeFrancesco, Shady Lakes, commented the new subcategory would raise the density and
intensity, asked that the property be posted, and asked that the Council do what was right.
Ms. Irwin clarified this was an overlay that did not increase density and intensity, and Mr.
DeFrancesco was speaking about a different ordinance. John Chaplik, Hudson Bay Drive,
asked what would happen if no biotech tenants could be found. Ms. Irwin explained this did
not require only biotech but allowed biotech. Hearing no comments from the public, Mayor
Russo declared the public hearing closed. Councilmember Jablin moved approval of
Ordinance 17, 2006 on first reading by title only. Councilmember Levy seconded the motion,
which carried by unanimous 5 -0 vote.
Ordinance 18, 2006 - (I" reading) - Text Amendment to the Future Land Use Element
LUE . - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06
Gardens relating to the creation of a Bioscience Research Protection Overlay (BRPO); and
providing an effective date. The City Clerk read Ordinance 18, 2006 on first reading by title
only. Mayor Russo declared the public hearing open for Ordinance 18, 2006. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin moved approval of Ordinance 18, 2006 on first reading by title only. Councilmember
Levy seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 19, 2006 - Id reading) - Text Amendment to the Economic Development Element
EDE . An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Economic Development Element of the Comprehensive Plan of the City of Palm
Beach Gardens relating to the creation of a Bioscience Research Protection Overlay (BRPO);
and providing an effective date. The City Clerk read Ordinance 19, 2006 on first reading by
title only. Mayor Russo declared the public hearing open for Ordinance 19, 2006. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin moved approval of Ordinance 19, 2006 on first reading by title only. Councilmember
Levy seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 20, 2006 - 1d reading) - Text Amendment to the Intergovernmental Coordination
Element (ICE). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Intergovernmental Coordination Element of the Comprehensive Plan ofthe City
of Palm Beach Gardens relating to the creation of a Bioscience Research Protection Overlay
(BRPO) and the Bioscience Land Protection Advisory Board; and providing an effective date.
The City Clerk read Ordinance 20, 2006 on first reading by title only. Mayor Russo declared
the public hearing open for Ordinance 20, 2006. Hearing no comments from the public,
Mayor Russo declared the public hearing closed. Councilmember Jablin moved approval of
Ordinance 20, 2006 on first reading by title only. Councilmember Levy seconded the motion,
which carried by unanimous 5 -0 vote.
Ordinance 25, 2006 — (2n0 reading and adoption) — 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 on
second reading by title only. Mayor Russo declared the public hearing open for Ordinance 25,
2006. Brad Wiseman of the Growth Management Department provided an update since the
last meeting. Vito DeFrancesco, Shady Lakes, commented on changes made by City Council
to which he objected, which he believed would create more hubbub on the roads and which he
believed were for the benefit of two specific developers. Hearing no further comments from
the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved
adoption of Ordinance 25, 2006 on second reading by title only with the change made since
the last hearing. Councilmember Levy seconded the motion, which carried by unanimous 5 -0
vote.
Ordinance 26, 2006 - (2nd reading, and adoption) - Amendment to the City's Code of
Ordinances. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
related to Illumination of Buildings and Uses; amending Section 78 -182, Code of Ordinances,
entitled "Lighting Regulations; amending Section 78 -751, Code of Ordinances, entitled
"Definitions"; providing for codification; and providing an effective date. The City Clerk read
Ordinance 26, 2006 by title. Steve Mayer, Planner, provided an update since first reading and
read additional proposed language regarding maintenance. Mayor Russo declared the public
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 6
hearing open for Ordinance 26, 2006. Carolyn Chaplik, Hudson Bay Drive, asked if this
pertained to lighting residence house numbers. Staff advised this ordinance did not affect that
at all. Vito DeFrancesco, Shady Lakes, reported he had brought to the Council's attention
several times regarding Mr. Channing's lights and he felt the law was being changed for Mr.
Channing, and expressed distrust of the Council. Hearing no further comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved
adoption of Ordinance 26, 2006 on second reading with the changes on 78.182(c).
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 98, 2006 - Approving a concurrent processing Agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida allowing the concurrent processing
of a Planned Unit Development (PUD) with a minor conditional use and a Comprehensive
Plan Amendment for the 1.01 -acre parcel located on the South side of PGA Boulevard,
approximately 500 feet West of Military Trail and East of PGA Commons Phase III;
approving a concurrent processing agreement; and providing an effective date. Brian Cheguis,
Cotleur & Hearing, provided a presentation on behalf of the applicant. Councilmember Jablin
made a motion to approve Resolution 98, 2006. Councilmember Levy seconded the motion,
which carried by unanimous 5 -0 vote.
Resolution 114, 2006 — Dissolving the 2006 Charter Review Committee. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida dissolving the 2005 Charter Review
Committee; and providing an effective date. Councilmember Jablin made a motion to approve
Resolution 114, 2006. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote. Consensus was to place the Committee's recommendations on the
agenda for the second meeting in October for discussion.
CITY OF PALM BEACH GARDENS REGULAR MEETING. 9/20/06
ADJOURNMENT
There being no further business to discuss, tPejneet# wp adjourned at 10:05 p.m.
COUN MEMBER LEVY
VALECHE
ATTEST:
zzj"�A-
PATRICIA SNIDER, C
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and arc not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.