HomeMy WebLinkAboutMinutes Council 020708r
I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 February 7, 2008
5
6 The February 7, 2008 Regular Meeting of the City Council of the City of Palm Beach
7 Gardens, Florida, was called to order at T03 p.m. in the Council Chambers of the
8 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida,
9 by Mayor Joseph Russo.
10 I. PLEDGE OF ALLEGIANCE
11 U. ROLL CALL
12 The City Clerk called the roll and the following elected officials were found to be in
13 attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Jody
14 Barnett, and Council Member Hal Valeche. Council Member Eric Jablin was absent.
15 III. ADDITIONS, DELETIONS, MODIFICATIONS
16 Applicant requested postponement until date certain of April 3, 2008 of the following
17 Ordinances: Part I — Quasi-judicial, Ordinance 1, 2008 — (1st Reading), Establishment of
18 the Parcel 5A Community Development District and Ordinance 2, 2008 — (1 st Reading),
19 Establishment of the Parcel 5B Community Development District.
20 Council Member Hal Valeche requested Resolution 19, 2008 — Protecting Florida's
21 Investments Act, be moved up on the agenda to follow the Consent Agenda.
22 MOTION
23 Motion made by Vice Mayor Levy, seconded by Council Member Barnett, to approve the
24 requested Additions, Deletions, and Modifications as noted, carried by unanimous vote,
25 4-0.
26 Mayor Russo stated the City of Palm Beach Gardens will lose approximately
27 $2,000,000.00 in tax revenue this year as a result of the State of Florida Amendment 1
28 being approved in the January 29, 2008 election. Following the City's election of
29 March 11, 2008 town hall meetings will be held to get citizen input of possible budget
30 cuts that can be made.
31 VI. ANNOUNCEMENTS AND PRESENTATIONS
32 Mike Kelly, Parks Director, introduced Marion Van Den Berg, Branch Manager, HSBC
33 Bank USA, N.A. who presented the City with a $10,000.00 donation, which will pay for
34 a scoreboard at the Amanda Buckley Memorial Field of Dreams. Mayor Russo thanked
35 Ms. Van Den Berg and HSBC Bank for the donation.
36 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
37 REPORTS
38 Council Member Jody Barnett reported on the proceedings at the Community Aesthetics
39 Board (CAB) meeting of February 6, 2008 where the Military Trail Grants for the year
40 were awarded. The committee was frugal in their decisions based on the knowledge that
41 funds will be tight.
42 Vice Mayor David Levy reported on the proceedings of the Parks and Recreation
43 Advisory Board (RAB) meeting of January 28, 2008 when a new chair, Tory Buckley
44 and vice chair, Timothy Frohling, were elected. Both gentlemen were introduced to the
45 Council and audience. Vice Mayor Levy expressed his thanks to Bert Premuroso, the
46 retiring chairman. The RAB will undertake the master planning of Lilac Park and City
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02.07.08
I Park and will be soliciting input from residents. Vice Mayor Levy attended the League of
2 Cities Environmental Committee meeting where the subject was the western landfill,
3 which is being proposed by the Solid Waste Authority. Vice Mayor Levy was impressed
4 with the plans. Vice Mayor Levy attended the Loxahatchee River Coordinating Council
5 meeting where a chair and vice chair were elected. The application of Flow Way 1 was
6 discussed. The members took a canoe trip into River Bend Park, which has been
7 historically restored.
8 Council Member Hal Valeche expressed his regret over not being on the Council to help
9 with the new budget.
10 Mayor Joseph Russo announced he attended the opening of the Palm Beach Community
11 College (PBCC) Bioscience Education Center and expressed his appreciation of the
12 positive impact the college has on the area. Mayor Russo reported he and Stacy Rundle
13 met with Congressman Klein's Palm Beach County representative where federal funding
14 was discussed. Mayor Russo expressed his concern for the Ag Reserve. He would like a
15 letter to be drafted to the County expressing concern about the Vavrus and Mecca lands
16 and request our involvement in future decisions because of the impact on the City of
17 Palm Beach Gardens. Mayor Russo asked that staff monitor the situation. Mayor Russo
18 requested consensus from Council, to which all agreed, 4 -0. Mayor Russo introduced Ed
19 McEnroe of the Honda Classic.
20 Ed McEnroe, Honda Classic Tournament Director, expressed his appreciation to the City
21 for the support for the event. New players have committed to playing in the Honda
22 Classic, which will attract more attention. Mayor Russo thanked Ed McEnroe for the
23 donation to the City.
24 VI. CITY MANAGER REPORT
25 Ron Ferris, City Manager, stated the problems with the senior citizens activities program
26 are being addressed. Staff has reviewed issues at the MacArthur Boulevard tree
27 roundabout and is addressing them. Concerns about cars turning left at Midtown (Borland
28 Center) exit on to PGA Boulevard are being addressed. A letter has been sent to the
29 Florida Department of Transportation requesting a traffic diverter to prevent the left turn
30 and keep cars traveling West. A copy of upcoming state and county road construction
31 plans within the City has been given to each Council Member.
32 VII. COMMENTS FROM THE PUBLIC
33 Mayor Russo opened the floor to public comment.
34 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, expressed her concern
35 that Union Square still has holiday lights lit. Christine Tatum, City Attorney, stated Code
36 Enforcement is aware of the holiday lights and is also pursuing two court cases regarding
37 Union Square's other sign issues.
38 Suzanne Archer, 3187 -B Gardens East Drive (Sandalwood), Palm Beach Gardens,
39 addressed code violation issues within her Sandalwood community. Christine Tatum,
40 City Attorney, stated the issues stem from the permitting process following the
41 hurricanes. Vice Mayor Levy questioned if building code enforcement is a problem.
42 David Reyes, Code Enforcement Operations Director, stated only the electrical work
43 required a permit, which it did not originally have. A citation was issued, a permit was
44 secured, the problems corrected, inspected and approved, and the case was closed. Jody
45 Barnett, Council Member, asked Christine Tatum, City Attorney, if a letter has been
46 issued stating that work is done to the City of Palm Beach Gardens' code. Christine
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I Tatum replied that Ms. Archer was issued a copy of the Emergency Ordinance that
2 Council passed at the time of the hurricanes, a letter has been sent to Council with a copy
3 to Suzanne Archer explaining what the process was and why there wasn't more
4 documentation. Todd Engle, Construction Services Director, stated permits for the air
5 conditioner (AC) skirts were issued under the original hurricanes and repair permits after
6 Hurricane Wilma. They are final and have been audited and found to be in compliance.
7 Certificates of Completion can be given to anyone needing one for any insurance
8 company. Ms. Archer again addressed Council. Mayor Russo inquired if Ms. Archer is a
9 member of the Sandalwood Homeowners Association Board of Directors, to which she
10 replied she is not. Mayor Russo explained only a homeowners association board member
11 can speak for the community.
12 Dr. Patty Anderson, Provost, Palm Beach Community College Eissey Campus, 3160
13 PGA Boulevard, Palm Beach Gardens, spoke on behalf of the PGA Corridor Association
14 and the biotech industry.
15 Eileen Tucker, Shady Lakes, Palm Beach Gardens, thanked Council Member Jody
16 Barnett for her support of the residents. Ms. Tucker announced a forum for the six
17 candidates for Council to take place on Saturday morning (February 9, 2008) at the
18 Woodland Lakes clubhouse.
19 Adam Robin, 5000 Portofino Circle, Palm Beach Gardens, thanked the Council Members
20 that attended the candidates' forum.
21 Roger Blangy, 11658 Hemlock Street, (Garden Woods) Palm Beach Gardens, stated the
22 costs involved with the Florida East Coast (FEC) Railroad crossing at Kyoto Gardens
23 Drive.
24 Mayor Russo closed the floor to public comment.
25 VIII. CONSENT AGENDA
26 Mayor Russo stated he is a member of the Honda Classic Foundation Board of Directors.
27 Christine Tatum, City Attorney, confirmed Mayor Russo is able to participate in the vote
28 regarding the Honda Classic.
29 a. Approve minutes from December 6, 2007 regular City Council meeting.
30 b. Approve minutes from December 20, 20078 regular City Council meeting.
31 c. Approve minutes from January 3, 2008 regular City Council meeting.
32 d. Resolution 9 2008 - Honda Classic PGA Golf Tournament. A Resolution of the City
33 Council of the City of Palm Beach Gardens, Florida approving an Agreement with the
34 Children's Healthcare Charity, Inc. for the 2008 Honda Classic PGA Golf Tournament to
35 provide temporary volunteer parking, a public safety grant for off -duty Police and Fire
36 personnel, and an operations support grant to provide reimbursement for labor,
37 supervision, materials, and supplies for the operation of the event; and providing an
38 effective date.
39 e. Proclamation - Congenital Heart Defects Awareness Week.
40 f. Proclamation - ArtiGras Weekend.
41 g. Proclamation - Proclamation - Amanda Buckley Memorial Field Dedication.
42 h. Proclamation - National Engineers Week.
43 MOTION
44 Motion made by Vice Mayor Levy to approve the Consent Agenda, seconded by Council
45 Member Barnett and carried by unanimous vote, 4-0_
46
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I IX. RESOLUTIONS
2 Per the unanimous vote under Item III: Additions, Deletions and Modifications,
3 Resolution 19, 2008 has been moved to take place before the Public Hearings.
4 a. Resolution 19, 2008 — Protecting Florida's Investments Act. A Resolution of the City
5 Council of the City of Palm Beach Gardens, Florida declaring the intent of the City
6 Council to ensure that Boards of the Pension Funds of the City operate consistently with
7 the "Protecting Florida's Investments Act" by identifying companies doing business with
8 Iran's energy sector and with the Sudan, and divesting from those companies; and
9 providing an effective date.
10 Council Member Valeche offered background on the economic sanctions against Iran and
11 rogue states, such as the Sudan. He noted the potentially negative impact on companies
12 doing business with these countries. He noted it will be prudent for our pension boards to
13 follow the procedures established by the State Legislature and mirror what they do. We
14 will follow the suggestions and recommendations of the State Board of Administration
15 and apply them to our own pension funds.
16 Mayor Russo opened the public hearing.
17 Gary Walk, 13451 Wm Myers Court, Palm Beach Gardens, Chairman, Community
18 Relations Council, Jewish Federation of Palm Beach County, thanked Council Member
19 Valeche for his support of Resolution 19, 2008. Mr. Walk stated the Resolution was
20 passed by both houses of the legislature and signed by the Governor. He stated his
21 support for Resolution 19, 2008.
22 Amir Kanel, Palm Beach Gardens, stated his support for Resolution 19, 2008.
23 Mayor Russo closed the public hearing.
24 MOTION
25 Motion made by Council Member Valeche in support of Resolution 19, 2008, seconded
26 by Vice Mayor Levy and carried by unanimous vote, 4--0.
27 X. PUBLIC HEARINGS
28 Part I — Quasi-judicial
29 Mayor Russo announced the procedures that would be followed in tonight's quasi -
30 judicial proceedings. The City Clerk swore in all those intending to offer testimony in
31 any of tonight's public hearings. Mayor Russo opened the public hearing.
32 Council Member Barnett inquired why the hearing was postponed. Christine Tatum, City
33 Attorney, stated a letter requesting postponement was received from the applicant just
34 before the meeting.
35 a. Ordinance 1, 2008 — (lst reading) Establishment of the Parcel 5A Community
36 Development District. An Ordinance of the City of Palm Beach Gardens, Florida
37 establishing the Parcel 5A Community Development District pursuant to the provisions
38 of Section 190.005, Florida Statutes; designating the powers of the District; and
39 providing an effective date.
40 Mayor Russo requested any ex parte communication. Vice Mayor Levy declared a
41 conversation with Sharon Long directly before tonight's meeting. Mayor Russo, Council
42 Member Valeche and Council Member Barnett declared no ex pane communication.
43 Sharon Long, 4267 Linden Avenue, (Gardens Woods) Palm Beach Gardens, expressed
44 her reasons for opposing both Ordinance 1, 2008 and Ordinance 2, 2008.
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I Providence Oquoye, 1926 10th Avenue N, Lake Worth, Florida, Realtors Association of
2 the Palm Beaches, expressed her reasons for opposing both Ordinance 1, 2008 and
3 Ordinance 2, 2008.
4 Mayor Russo closed the public hearing.
5 MOTION
6 Motion made by Vice Mayor Levy postponing Ordinance 1, 2008 to date certain of
7 April 3, 2008, seconded by Council Member Valeche and carried by unanimous vote,
8 4 -0.
9 b. Ordinance 2 2008 — (1st readies). Establishment of the Parcel 5B Community
10 Development District. An Ordinance of the City Council of the City of Palm Beach
11 Gardens, Florida establishing the Parcel 5B Community Development district pursuant to
12 the provisions of Section 190.005, Florida Statutes; designating the powers of the
13 District; and providing an effective date.
14 Mayor Russo opened the public hearing and requested the record reflect ex parte
15 communication from Ordinance 1, 2008 for Ordinance 2, 2008. Mayor Russo requested
16 the record attribute the comments from Ordinance 1, 2008 for Ordinance 2, 2008.
17 MOTION
18 Motion made by Vice Mayor Levy postponing Ordinance 2, 2008 to date certain of April
19 3, 2008, seconded by Council Member Valeche and carried by unanimous vote,
20 4 -0.
21 Mayor Russo closed the public hearing.
22 c. Ordinance 3, 2008 — (1st reading) Benjamin Private High School Planned Unit
23 Development. An Ordinance of the City Council of the City of Palm Beach Gardens,
24 Florida amending Ordinance 30, 2000 and Ordinance 4, 2003 relating to the Benjamin
25 Private High School Planned Unit Development located at the Northwest corner of
26 Central Boulevard and Grandiflora Road to transfer the site plan approval and related
27 waivers and conditions to a separate Resolution; and providing an effective date.
28 Council Member Valeche declared his daughter is a student at The Benjamin School and
29 inquired if he had a conflict of interest. Christine Tatum, City Attorney, stated he did not.
30 Mayor Russo opened the public hearing and requested ex parte communication to which
31 each Council Member declared none.
32 Anne Booth, Urban Design Studios, representing Benjamin Private High School,
33 requested approval of a monument sign on Central Boulevard making it easier to find the
34 school.
35 There being no one wishing to speak for or against, Mayor Russo closed the public
36 hearing.
37 MOTION
38 Motion made by Vice Mayor Levy approving Ordinance 3, 2008 on lst reading for
39 adoption, seconded by Council Member Valeche and carried by unanimous vote,
40 4 -0.
41 Council Member Barnett stated The Benjamin School sign is beautiful. She then went on
42 to request Council review the sign code and amend it to have all signs 50 square feet or
43 larger come before Council for review. Mayor Russo stated he did not believe a new
44 Ordinance was needed, but he would like Council to discuss the issue with staff.
45
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Part H — Non-Quasi-judicial
a. Ordinance 32 2007 — (2nd reading; and adoption) Fiscal Year 2006/2007 Budget
Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the City of Palm Beach Gardens' Budget for the Fiscal Year beginning
October 1, 2007, and ending September 30, 2007, inclusive; and providing an effective
date.
Mayor Russo opened the public hearing.
Alan Owens, Finance Administrator, stated there have been no changes since the 1 st
reading. He offered a presentation, which was declined, and he offered to answer
questions.
There being no one wishing to speak for or against, Mayor Russo closed the public
hearing.
MOTION
Motion made by Vice Mayor Levy approving Ordinance 32, 2007 on 2nd reading and
adoption, seconded by Council Member Barnett and carried by unanimous vote,
4 -0.
b. Ordinance 33. 2007 — (2nd reading and adoption) Fiscal Year 2007/2008 Budget
Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the City of Palm Beach Gardens' Budget for the Fiscal Year beginning
October 1, 2007, and ending September 30, 2008, inclusive; and providing an effective
date.
Mayor Russo opened the public hearing.
Alan Owens, Finance Administrator, stated there have been no changes since the 1 st
reading. He offered a presentation, which was declined, and he offered to answer
questions.
There being no one wishing to speak for or against, Mayor Russo closed the public
hearing.
MOTION
Motion made by Vice Mayor Levy approving Ordinance 33, 2007 on 2nd reading and
adoption, seconded by Council Member Barnett and carried by unanimous vote,
4 -0.
XL ORDINANCES (For Consideration on First Reading)
None.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
a. Vice Mayor Levy stated Irma Jarvis, who has been doing Plat 1 Crime Watch for the
last 3 years, has retired to return to school. Vice Mayor Levy requested a brick be done
for her. Mayor Russo acknowledged her service and stated there are specific policies
governing bricks, but a certificate of appreciation could be done. Mayor Russo suggested
the matter be brought to staff for a recommendation.
XHL CITY ATTORNEY REPORT
None.
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XIV, ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned
at 8:11 p.m.
APPROVED:
Attest:
Patricia Snider, CMC
City Clerk
Da— Levy, Vice Maybr
Council Member
wi al I
Robert G. Premuroso, Council Member
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
02.07.08
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