HomeMy WebLinkAboutMinutes Council 0103081
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
January 3, 2008
The January 3, 2008 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 Joseph Russo.
I. PLEDGE OF ALLEGIANCE
H. ROLL CALL
The Deputy City Clerk called the roll and the following elected officials were found to be
in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric
Jablin, and Council Member Hal Valeche. Council Member Jody Barnett was absent.
On behalf of the Council and staff, Mayor Russo wished all a happy new year.
III. ADDITIONS, DELETIONS, MODIFICATIONS
None.
VI. ANNOUNCEMENTS AND PRESENTATIONS
None.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
REPORTS
Vice Mayor David Levy reported staff participated in a Roan Avenue Fact Finding
Committee regarding the proposed hotel. Mayor Russo signed a letter to the County on
the subject. Vice Mayor Levy requested staff provide an update at the next City Council
meeting (January 17, 2008).
Council Member Hal Valeche wished all a happy new year. Council Member Valeche
noted this is a significant year for elections and that it is important to learn about the
issues and the candidates. The City Council has three seats up for election in March.
Council Member Eric Jablin wished all a happy new year and reiterated Council Member
Valeche's statement about 2008 being an important election year.
Mayor Joseph Russo announced the passing of Chief of Police Stephen Stepp's father
and asked for a moment of silence in his memory. John Calia, 161 Bent Tree Drive, Palm
Beach Gardens, requested the help of Council at the last meeting (December 20, 2007)
regarding his property in dealing with Seacoast Utilities. Mayor Russo announced that a
meeting was held including himself, Mr. Calia, Mr. Calia's representative, the City
Manager and Seacoast Utilities. A dialogue was established and it is hoped a solution will
be found. It is a difficult issue.
VI. CITY MANAGER REPORT
None.
VII. COMMENTS FROM THE PUBLIC
Mayor Russo opened the floor to public comment.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, expressed her concern
about the possibility of Southampton being abandoned by Hovnanian and about the
lighting at Paloma. Mayor Russo stated he would like to see the Crime Prevention
Through Environmental Design (CPTED) revisited because of the complaints about light
pollution.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 1
01.03.08
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Donaldson Hearing, Cotleur & Hearing, speaking on behalf of the PGA Corridor
Association, stated on Wednesday, January 23, 2008 at 7:30 a.m., at the Embassy Suites
Hotel, the 8th Annual Economic Forecast will be held. The subject is, Have We Reached
the Bottom? The public is encouraged to attend.
VHI. CONSENT AGENDA
a. Resolution 7. 2008 — Maintenance Memorandum of Agreements. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to
be the signatory authority for Agreements related to roadway and median beautification
installation and maintenance; and providing an effective date..
MOTION
Motion made by Council Member Eric Jablin to approve the Consent Agenda, seconded
by Vice Mayor Levy and carried by unanimous vote, 4-0.
IX. PUBLIC HEARINGS
Part I — Quasi-judicial — Mayor Russo announced the procedures that would be
followed in tonight's quasi-judicial proceedings. The Deputy City Clerk swore in all
those intending to offer testimony in any of tonight's public hearings. Mayor Russo
opened the public hearing.
a. Resolution 2. 2008 — Amendment to the Waterford/Wyndham Garden Hotel Planned
Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida amending the Waterford/Wyndham Garden Hotel Planned Unit Development
(PUD), located approximately one -tenth of a mile South of PGA Boulevard on the East
side of U.S. Highway One, as more particularly described herein, to allow architectural
and site plan modifications, the conversion of 13 suites to rooms, and the conversion of a
public restaurant to a private restaurant; providing waivers; providing conditions of
approval; and providing an effective date.
Mayor Russo asked for ex pane communication. Vice Mayor David Levy declared he
talked to Charles Derider. Mayor Russo, Council Member Jablin and Council Member
Valeche declared no ex parte communication.
Donaldson Hearing, Cotleur & Hearing, representing Jim Geiger, Pinnacle Hospitality
Group, presented a brief history of the Waterford/Wyndham Hotel, which is to become
the Wyndham Garden Hotel. Mr. Hearing described the Wyndham Hotel Company and
the upgrades being sought for the property. Mr. Hearing gave a presentation and
description of the plans. Two waivers were requested: 1) the existing loading zone, which
is 10.5 feet wide by 32.5 feet long; Code requires 12 feet wide by 35 feet long and 2) the
parking lot, which has 99 spaces; Code requires an additional 24 spaces due to an existing
ancillary building. Staff recommends approval of both waivers. Twelve Oaks residents
were reassured that the existing 2005 Conditions of Approval against outdoor dining,
outdoor music or outdoor speakers would remain in effect. Mr. Hearing stated the hotel is
being upgraded to ensure its viability and reiterated the desire to be a good neighbor. Mr.
Hearing then offered to answer questions. Mayor Russo inquired if the meeting rooms
will be open to the public. Mr. Hearing explained there are 2,500 square feet of meeting
rooms that will be available for use. Mayor Russo inquired if there is recourse should
parking become an issue. Kara Irwin, Growth Management Administrator, stated if
parking becomes an issue Resolution 2, 2008 requires that it be looked at again. Council
Member Jablin inquired if weddings could be held in the meeting rooms and it was
established that the 2,500 -square -foot space would be too small for a large event. Vice
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page
01.03.08
I Mayor Levy inquired if there would be other modifications to which Mr. Hearing replied
2 there would not be.
3 Mayor Russo opened the floor to comments from the public.
4 Gree Jones, 11447 Shady Oaks Lane, North Palm Beach stated there have been issues
5 with noise from the hotel.
6 Barry Norton, 11337 Briarwood Place, North Palm Beach, president of the Twelve Oaks
7 Board of Directors expressed his concern that website pictures in the hotel advertising
8 show drinks by the poolside. Mr. Norton noted the website pictures were removed today.
9 Elizabeth Bartram, 11282 Glen Oaks Court, North Palm Beach stated the noise issues and
10 loud drunken behavior at the rear of the hotel. Ms. Bartram said she cannot open her
11 windows at night because of the disturbance coming from the hotel at all hours.
12 Bill Wehrman, 11278 Glen Oaks Court, North Palm Beach stated the area around the bar
13 is where there is deck and the pool is located and is of great concern. The fence is not a
14 buffer because Mr. Wehrman can see the big screen TV at any time. It was also noted
15 that music and speakers outside have been an issue despite numerous calls to the hotel.
16 The outdoor seating and swimming past dusk bans are also being violated.
17 Mayor Russo closed the public hearing and brought the matter back up to Council. Mayor
18 Russo inquired about existing prohibitions. Kara Irwin, Growth Management
19 Administrator, stated the same prohibitions remain, but Code Enforcement will be called
20 if violations occur. Donaldson Hearing stated the applicant is a new owner who does
21 wish to be a good neighbor. The desire is to upgrade and bring in a better grade of
22 personnel. There is no request to modify the Conditions of Approval. Mayor Russo stated
23 he would like to see a better effort on behalf of the residents. Concern that the large
24 screen TV issue be addressed by moving it or installing curtains was expressed. At this
25 time Mayor Russo re- opened the public hearing.
26 Barry Norton, 11337 Briarwood Place, North Palm Beach, president of the Twelve Oaks
27 Board of Directors stated that the petitioner did not show up for a scheduled meeting with
28 the board of directors for December 28, 2007. Mr. Norton received a phone call yesterday
29 requesting a meeting.
30 Mayor Russo closed the public hearing and asked for Donaldson Hearing's commitment
31 to meet with the homeowners and resolve the issues, to which Mr. Hearing agreed.
32 Council Member Jablin stated his concern that the large screen TV issue be addressed.
33 Vice Mayor Levy asked for Donaldson Hearing's commitment to have regular meetings
34 to address issues.
35 MOTION
36 Motion made by Council Member Eric Jablin to approve Resolution 2, 2008, seconded
37 by Vice Mayor David Levy and carried by unanimous vote, 4-0.
38 b. Ordinance 1, 2008 — (1st reading) Establishment of the Parcel 5A Community
39 Development District. An Ordinance of the City Council of the City of Palm Beach
40 Gardens, Florida establishing the Parcel 5A Community Development District pursuant
41 to the provisions of Section 190.005, Florida Statutes; designating the powers of the
42 District; and providing an effective date.Mayor Russo opened the public hearing and
43 asked for ex parte communication. Vice Mayor David Levy stated he discussed
44 Ordinance 1, 2008 with John Gary and Thomas DeRita. Council Member Valeche stated
45 he discussed the Ordinance with John Gary and Pete Pimentel. Council Member Jablin
46 stated he talked about Ordinance 1, 2008 with John Gary and a Catalfumo employee, but
CiT i CE PAL�L4 REACH GARDENS REGULAR COUNCIL 1AV1i €ETING Page
01-03-08
I does not remember his name. Mayor Russo spoke to John Gary on January 2, 2008, but
2 the Ordinance was not discussed.
3 John Gary, representing the owners of Parcels 5A and 5B, stated he believed the intention
4 of the Community Development District is presently misunderstood. He requested a
5 postponement until the first City Council meeting in February (February 7, 2008).
6 Mayor Russo opened the floor to public comments.
7 Louis Satriano requested clarification of the postponement. Mayor Russo explained first
8 reading will be postponed until the February 7, 2008 City Council meeting with second
9 reading at the March 6, 2008 meeting.
10 Mayor Russo closed the floor to public comments.
11 MOTION
12 Motion made by Council Member Eric Jablin to continue Ordinance 1, 2008 to
13 February 7, 2008, seconded by Vice Mayor David Levy and carried by unanimous vote,
14 4-0.
15 c. Ordinance 2 2008 — (1st reading) Establishment of the Parcel 5B Community
16 Development District. An Ordinance of the City Council of the City of Palm Beach
17 Gardens, Florida establishing the Parcel 5B Community Development District pursuant
18 to the provisions of Section 190.005, Florida Statutes; designating the powers of the
19 District; and providing an effective date.
20 Mayor Russo opened the public hearing and asked for ex pane communication. Vice
21 Mayor David Levy stated his ex parte communication would be the same as Ordinance 1,
22 2008. Council Members were in agreement with Vice Mayor Levy.
23 MOTION
24 Motion made by Council Member Eric Jablin to continue Ordinance 2, 2008 to
25 February 7, 2008, seconded by Vice Mayor David Levy and carried by unanimous vote,
26 4-0.
27 Part H — Non-Quasi-judicial — None.
28 X. RESOLUTIONS
29 a. Resolution 6, 2008 — Purchase of Medtec Ambulances from Ten -8 Fire Equipment,
30 Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
31 approving the purchase of two (2) 2008 Medtec Ambulances, Model AD -170 and two (2)
32 Stryker 6500 Power -Pro Cots from Ten -8 Fire Equipment, Inc., an authorized dealer for
33 Medtec Ambulances in the State of Florida; authorizing the Mayor and City Clerk to
34 execute all documents necessary to effectuate such purchase; and providing an effective
35 date.
36 Mayor Russo opened the public hearing.
37 Fire Chief Pete Berge] explained the vehicles to be purchased through Resolution 6, 2008
38 and the need to replace existing vehicles. Chief Bergel also explained the maintenance
39 schedule that is followed.
40 Council Member Valeche inquired if the purchase is budgeted and it was established that
41 it is. Vice Mayor Levy inquired if 5 years is the normal longevity of this type of vehicle.
42 Chief Bergel explained it is because engine idling time must be included.
43 Mayor Russo closed the public hearing.
44 MOTION
45 Motion made by Council Member Eric Jablin to approve Resolution 6, 2008, seconded
46 by Vice Mayor David Levy and carried by unanimous vote, 4-0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 4
01-03-08
I XL ORDINANCES (For Consideration on First Reading)
2 None.
3 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
4 a. Presentation from NextMedia and Palm Tran of Palm Beach County regarding
5 installation of bus shelters.
6 Angela Wong, Operations Manager, Community Services, explained the agreement
7 between Palm Beach County's Palm Tran and NextMedia regarding the installation of
8 bus shelters. Municipalities can piggyback from the initial agreement. Angela Wong
9 presented a brief background of bus shelter status in Palm Beach Gardens. Should the
10 City choose to move forward with advertising on bus shelters it would require major
11 changes to Code. No North County municipalities have chosen to go forward with
12 prefabricated bus shelters with advertising at this time.
13 Mayor Russo commented he did not see how money could be justified at this time.
14 Mayor Russo then invited Next Media to give its presentation.
15 Bruce Washburn, NextMedia, gave his presentation. Mr. Washburn explained bus shelter
16 maintenance, choice of location, solar illumination and advertising criteria. The County
17 has elected to pass revenue on to the municipalities. The advantages to the municipalities
18 were described.
19 Council Member Jablin asked for a list of potential sites. Mayor Russo discussed
20 amendment of the sign code. Council Member Valeche inquired about ridership with the
21 City. Council Member Jablin stated he does not care for prefabricated bus shelters and
22 does not see a need for the City. Vice Mayor Levy stated he does not like prefabricated
23 bus shelters either. Mr. Washburn discussed repair of vandalism. Mayor Russo thanked
24 Mr. Washburn for his presentation and suggested pursuing further information from Palm
25 Tran. Mayor Russo expressed the Council's opposition to the prefabricated bus shelters.
26 Jerry Gawaldo, Palm Tran, assured Council he will work with City staff on obtaining
27 further data.
28 XIH. CITY ATTORNEY REPORT
29 Christine Tatum, City Attorney, announced the lawsuit brought against the City by a
30 Green Market vendor who felt he was being discriminated against was dismissed by a
31 Federal Court judge through a directed verdict.
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XIV, ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned
at 8:31 p.m.
APPROVED:
Attest:
Patricia Snider, CMC
City Clerk
David Levy, Vice Mayor
Eric Jablin Council Member
Hal R. Valeche, Council Member
( h "/'
Jody Barnett, )6o t it Nk6ber
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.
All referenced attachments on file in the City Clerk's office.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
01-03-08
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