HomeMy WebLinkAboutMinutes Council 0417081
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 17, 2008
The April 17, 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 Eric Jablin.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
The City Clerk called the roll and the following elected officials were found to be in
attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
Councilmember Jody Barnett and Councilmember Robert Premuroso.
At Chief of Police Stephen Stepp's request, Mayor Jablin requested a moment of silence
be observed for Police Dispatcher Lisa Peralta, who is in the end stages of cancer.
III. ADDITIONS, DELETIONS, MODIFICATIONS
Additions
None.
Deletions
Resolution 22, 2008 — Development Order Amendment for Donald Ross Village Planned
Unit Development (PUD). The Agent for Donald Ross Village PUD submitted a letter
requesting a continuance of Resolution 22, 2008 to date certain of May 15, 2008 on the
City Council agenda.
Modifications — Part I, Quasi - judicial
Resolution 32, 2008 — BallenIsles Country Club renovations. Reorder the agenda for
Resolution 32, 2008 to be the first item (a.) under Part I — Quasi - judicial Hearings.
Motion
Vice Mayor Levy made a motion for approval of the Additions, Deletions and
Modifications as read into the record by the Mayor. Councilmember Barnett seconded.
The motion carried unanimously, 5 -0.
IV. ANNOUNCEMENTS AND PRESENTATIONS
a. Tree City Award. City Forester Mark Hendrickson announced the Arbor Day award
for the City as Tree City USA for 20 years and provided a brief history of the award,
which he presented to Mayor Jablin.
b. Government Finance Officers Association (GFOA) Award. Finance Administrator
Allan Owens announced the 2007 -2008 Distinguished Budget Award. He introduced
Assistant Finance Director Cheryl Summers, Town of Palm Beach, representing the Palm
Beach County Chapter of the GFOA, to present the award to the City. Assistant Finance
Director Summers presented the Distinguished Budget Award to Mayor Jablin for the
City of Palm Beach Gardens. The Distinguished Budget Award Program has been in
operation since 1984. Assistant Finance Director Summers gave a brief history of the
award and the work it represents. This is the eleventh year the City has received the
award. Finance Administrator Allan Owens thanked the staff involved in assisting in the
budget preparation.
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c. Palm Beach Post Officer of the Year Award. Major Robert Artola presented the 2007
Distinguished Law Officer of the Year Award for Crime Prevention in Palm Beach
County to Officer Bethany Rigney. Major Artola explained the selection criteria and gave
a brief history of Officer Rigney's background, training and experience and her work
with at -risk teenagers.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
REPORTS
Councilmember Jody Barnett announced the April 16, 2008 opening of City Park. She
explained the location and amenities.
Vice Mayor David Levy stated he is an alumnus of Virginia Tech, which recently
observed the first anniversary of the campus massacre. In conjunction with the Virginia
Tech anniversary, Vice Mayor Levy attended a meeting at Palm Beach Community
College where they are trying to prevent such an event from ever happening and are
working with the Police Department. Vice Mayor Levy requested a moment of silence be
observed for those who lost their lives at Virginia Tech. Vice Mayor Levy announced
April 22, 2008 as Earth Day and encouraged everyone to perform one act to help the
environment.
Councilmember Russo encouraged letters be sent to government staff, including the
Governor's Chief of Staff Eric Eichenberg, notifying them of the City's receipt of the
$1.2 million in hurricane reimbursement.
Councilmember Premuroso stated his involvement with City Park's planning from the
beginning and how enjoyable the grand opening was. Councilmember Premuroso also
noted his attendance at the Gander Mountain grand opening.
Mayor Jablin announced the Budget Workshops on Thursday, May 1, 2008 and
Thursday, May 15, 2008. Both meetings begin at 6:00 p.m. Mayor Jablin stated the
Gander Mountain opening was a tremendous success. He stated the Sunday, April 13,
2008 concert was the last of this season's annual series supported by Frenchman's Creek.
Frenchman's Creek has provided funding for next year's concerts.
VI. CITY MANAGER REPORT
City Manager Ron Ferris introduced Growth Management Administrator Kara Irwin who
provided an update on the Callery -Judge Grove property. In coordination with Royal
Palm Beach and West Palm Beach, a letter has been sent to the County Planning and
Zoning Commission stating the objections to the Callery -Judge Grove project. The three
objections were: 1) traffic, 2) roadway improvements and 3) lack of a Master Plan. The
project will go before the Board of County Commissioners (BCC) on April 28, 2008.
Royal Palm Beach, West Palm Beach and Palm Beach Gardens will each do an
individual letter stating their objections to the project and requesting the County to
reconsider its approval of the Text Amendment allowing Callery -Judge Grove to waive
the requirement to meet Level of Service (LOS) standards and requesting an exemption
from the County's Comprehensive Plan. Mayor Jablin stated the City, along with Royal
Palm Beach and West Palm Beach will continue to fight the Western expansion of the
Callery -Judge Grove project.
VII. COMMENTS FROM THE PUBLIC
Mayor Jablin invited public comments from residents.
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Roger Blangy, 11658 Hemlock Street, Garden Woods, Palm Beach Gardens, explained
his objections to the FEC railroad crossing at Kyoto Gardens Drive at Alternate A I A and
his suggestions for an improved crossing.
Joel Channing, 5520 PGA Boulevard, Palm Beach Gardens, representing the PGA
Corridor Association Board of Directors, stated an update of the Annual Economic
Forecast will take place on May 14, 2008 at Palm Beach Community College. Hank
Fishkind will attend.
Eileen Tucker, Shady Lakes, Palm Beach Gardens, requested that no contracts be
approved prior to the City's May 1, 2008 and May 15, 2008 Budget Workshops and the
Saturday, April 26, 2008 meeting of the Palm Beach Gardens Residents Coalition.
Tory Buckley, 4454 Daffodil Circle South, Palm Beach Gardens, announced the
Saturday, May 17, 2008 Give a Smile to a Child Foundation 1 st Annual Golf Classic at
Palm Beach Gardens Municipal Golf Course. Proceeds will support the Foundation as
well as help with the building of Phase I1 of the Amanda Buckley Field of Dreams
softball stadium.
VIII. CONSENT AGENDA
None.
IX. PUBLIC HEARINGS
Part I — Quasi - judicial
Mayor Jablin announced the procedures that would be followed in tonight's quasi -
judicial proceedings. The City Clerk swore in all those intending to offer testimony in
any of tonight's public hearings. The City Clerk read Resolution 32, 2008 by title.
Councilmember Russo stated he is a member of the BallenIsles Country Club, petitioner,
and will abstain from voting and stepped down from the dais.
a. Resolution 32, 2008 BallenIsles Country Club renovations. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving renovations to the East
Golf Course of the BallenIsles Country Club Planned Community District; providing
conditions of approval; and providing an effective date.
Mayor Jablin opened the public hearing and requested ex parte communication.
Councilmember Barnett declared a meeting with Club members, Club manager and
residents. Landscape issues were discussed. She received a letter from Sally Benson on
the matter.
Vice Mayor David Levy declared he lives on Holly Drive, which is one of the
neighborhoods affected. He does live across the street from the golf course and is not
directly affected. He attended two meetings at Lou Dirschinger's house. The first meeting
included approximately 20 neighbors and, from Ballenlsles, Donaldson Hearing, Mike
Hatfield and Dan McCoy. A second meeting was held at the same location where
approximately 10 neighbors attended, including Mike Vogel and, from BallenIsles,
Donaldson Hearing, Mike Hatfield, Dan McCoy.
Councilmember Premuroso declared a meeting with Fred Corotto, Dan McCoy, Mike
Vogel, Bob Caplan and landscape architect Buzz Jaskela.
Mayor Jablin declared a meeting with residents and others, including Donaldson Hearing,
at BallenIsles Country Club.
Mayor Jablin invited the petitioner to give his presentation.
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Donaldson Hearing, Cotleur & Hearing, on behalf of BallenIsles Country Club, opened
the presentation stating the BallenIsles Country Club looks out at the 18th green and has
a rich history. The Club has three golf courses. The East course is the oldest, designed in
the 1950's, and is the one being considered. This is the first major renovation since 1989.
Landscape architect Keith Foster was retained by BallenIsles Country Club for the $9
million renovation. Mr. Hearing stated the positive effects on property values, meetings
with local residents were held and plan changes based on these meetings were described.
The golf course is designed to flood, thereby helping to protect surrounding areas.
Improved drainage has been designed. Mr. Hearing stated approval tonight is critical to
avoid delays that will jeopardize the project's sequencing, increase project cost and could
affect the critical growing period for the grass. The reason for tonight's meeting is the
1989 Planned Community District (PCD) had a specific condition stating, "The petitioner
shall not construct any perimeter security that would affect the quality and character of
the existing views of the golf course, lakes and canals from the adjacent property owners
not within the PCD, which would include the construction of fences, walls, hedges, etc."
Mr. Hearing assured Council the petitioner is not proposing any such barriers. Mr.
Hearing gave a detailed description of the most sensitive golf course areas and some of
the landscaping green initiatives. He reassured Council the landscaping is consistent and
not meant to close off any of the neighboring properties.
Landscape architect Keith Foster stated his experience working on golf course
renovations and described the planned work for the BallenIsles Country Club East course
renovation.
Donaldson Hearing stated he has 300 letters in support of Resolution 32, 2008 and
offered to answer questions.
Mayor Jablin inquired if Council had any questions for the petitioner.
Vice Mayor Levy asked if the resident on golf course test hole 3 is satisfied with the
work done. Beverly Vogel came forward to answer the question.
Beverly Vogel, 10315 Seagrape Way, Palm Beach Gardens, stated she and her neighbors
are happy with the trees, but is not happy with the pine needle beds due to the color,
which makes it look like a demarcation line. She asked if they can be blended in better
with the homeowners' property.
Mayor Jablin asked for staffs presentation.
Growth Management Administrator Kara Irwin gave staff s presentation and stated there
are eight fairways adjacent to non - BallenIsles residents and the requested changes will
alter the view they have had since 1989. Other area golf courses do use native plants that
soften the lines in a project. Staff supports approval of Resolution 32, 2008, but requests
the ability to do minor adjustments.
Mayor Jablin requested questions of staff, with none forthcoming. Mayor Jablin asked the
City Clerk to swear in all those preparing to give testimony. Mayor Jablin opened the
public hearing requesting anyone wishing to speak for or against Resolution 32, 2008
come forward.
Dave Smith, 4278 Hickory Drive, Palm Beach Gardens, stated he is a 25 -year resident
and commended BallenIsles Country Club for returning the East golf course to world -
class status. He attended a February meeting where the renovation plan was explained
and it was acceptable to him and his wife. The plan now has twice as many trees and
more shrubbery. Mr. Smith requested consideration of these issues.
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Steven Kanner, 4294 Hickory Drive, Palm Beach Gardens, stated he is a 20 -year resident.
When BallenIsles purchased the JDM Country Club, residents were assured that no
barrier would be erected and no views changed and present plans will obstruct his view.
He stated that years ago Council assured that views would be preserved and he is asking
Council to honor its commitments.
John Tiffany, 10149 Seagrape Way, Palm Beach Gardens, stated BallenIsles Country
Club met twice with residents to discuss their concerns and homeowners do have room to
add their own plantings.
Jay Adolph, 10690 Avenue of the PGA, Palm Beach Gardens, objected to staff's
suggestion for supplemental planning. He explained his meeting today with BallenIsles
and felt that a lot was accomplished. He then explained the area elevation and his concern
for flooding problems.
Valerie Glennon, 11800 Avenue of the PGA, Candlewood Condominium, Unit 1, Palm
Beach Gardens, discussed the proposed plantings on the 17th green. She stated that
residents love the view and requested it not be taken from them.
Randi Pecan, 10700 Avenue of the PGA, Candlewood Condominium, Palm Beach
Gardens, stated her concern about losing the view and for the proposed landscaping,
including sable pines that give off a lot of pollen in the spring, elevation changes and
possible flooding.
Tom Glennon, 11800 Avenue of the PGA, Candlewood Condominium, Unit 1, Palm
Beach Gardens, Candlewood Condominium Homeowners Association president, stated
their location on the 17th green and the 18th tee. He explained the residents' support for
BallenIsles' desire for a world -class golf course and their concerns for losing the view
they have enjoyed for 40 years.
Ron Sloop, 5160 Woodland Lakes Drive, Palm Beach Gardens, stated he lives on the
North side of the 15th fairway. He explained his concern for the plantings on the rise and
stated his agreement with the City Forester and staff for supplemental plantings. He
stated that test hole 3 looks functional, but he sees no beauty in it and he believes they
can do better.
Mayor Jablin stated he did not have anymore comment cards, but anyone wishing to
speak should fill one out and bring it to the City Clerk. Mayor Jablin asked if the
applicant would like to say anything.
Keith Foster came forward and described further details of the renovation of the
BallenIsles East course.
Mayor Jablin invited anyone wishing to give testimony to come forward and submit a
comment card to the City Clerk. The City Clerk swore in those preparing to give
testimony.
Eva Dirschinger, 10680 Avenue of the PGA, Palm Beach Gardens, objected to the type
of shrubbery planned. She believes it will fill in and form a hedge.
Mayor Jablin asked Donaldson Hearing if a hedge is planned. Mr. Hearing stated a hedge
is definitely not part of the plan.
Mayor Jablin invited anyone wishing to give testimony to come forward and submit a
comment card to the City Clerk. The City Clerk swore in those preparing to give
testimony.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
04.17.08
I Norm Pecan, 10700 Avenue of the PGA, Palm Beach Gardens, discussed the berm and
2 his concerns for the plantings on it. Donaldson Hearing gave further explanation of the
3 trees and plantings.
4 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, asked if there are more lakes
5 being built for drainage into the C -17 canal.
6 Joe Barnardn, 10113 Seagrape Way, Palm Beach Gardens, questioned the type, number
7 and density of trees that will be planted.
8 The City Clerk swore in those preparing to give testimony.
9 Cathy Rivera, 5390 Woodland Lakes Drive, Unit 401, Palm Beach Gardens, discussed
10 the number of trees and the height of the landscaping and trees.
I1 Buzz Jaskela gave an in -depth explanation of the types of plantings and the annual
12 maintenance that will take place.
13 Mayor Jablin closed the public hearing and brought Resolution 32, 2008 back up to
14 Council for discussion.
15 Councilmember Jody Barnett inquired about the lack of straw beds in the middle of the
16 golf course, stating they appear only on the exterior.
17 Buzz Jaskela explained there are pine straw beds on the interior of the course. Straw
18 bedding will be replaced annually, and all trees and shrubbery will be maintained.
19 Vice Mayor Levy questioned how many exotics were removed. Buzz Jaskela stated he
20 thought it was approximately 87 trees at a cost of approximately $100,000.
21 Buzz Jaskela stated it will be difficult to manage work on a hole -by -hole basis.
22 Mayor Jablin closed the public hearing and brought Resolution 32, 2008 back up to
23 Council for discussion.
24 City Forester Mark Hendrickson stated that more scrubs placed where they won't
25 interfere with play would give the course more character and will be an improvement.
26 Councilmember Barnett stated she would like to see an agreement between the City
27 Forester, residents and BallenIsles with a date for commencement.
28 Vice Mayor David Levy stated he thinks that less is more and let BallenIsles and the
29 residents work this out.
30 Councilmember Robert Premuroso thought the plans looked bare when he saw them. He
31 wants to ensure that residents do not lose their views.
32 Mayor Jablin stated he believes the City should be involved because an arbiter is needed.
33 Mayor Jablin suggested field adjustments on a regular baisis. He does not want to see
34 major plantings, but some green in the straw beds looks nice. Mayor Jablin would like the
35 City Forester to represent residents and work with BallenIsles on the project.
36 Councilmember Barnett asked if Resolution 32, 2008 will be approved as it stands and
37 how staff proceeds if there is agreement to the plan. Councilmember Barnett suggested an
38 agreement signed by the City Forester before commencement.
39 Councilmember Premuroso asked Mr. Foster about the order of work. Mr. Foster
40 explained the trees have been relocated and work has begun on holes 2, 3, 12, and 13, and
41 dirt work has begun on holes 14 and 15. He is trying to maintain thin plantings. He stated
42 it will be very difficult to manage every homeowner on a hole -by -hole basis to ensure
43 they are appeased.
44 City Manager Ferris summarized: Council would like to see the landscape plan as it has
45 been presented tonight with some additional grasses, low -lying ground cover type of
46 plantings, not shrubs with height or magnitude on the residential side and not to interfere
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with golf play. Include City Forester Mark Hendrickson per Growth Management's
recommendation and include Community Services Administrator Jack Doughney, who
has experience in this area and can make decisions regarding necessary field adjustments
by following Council's direction.
Vice Mayor David Levy stated he does not believe an agreement can be cast in stone
because field adjustments will be made. Donaldson Hearing stated his concern about
doing this project on a hole -by -hole basis on the fly. He stated they can work with Mark
Hendrickson and Jack Doughney for minor adjustments. They cannot redesign every
hole. They have committed to working with the residents. Councilmember Barnett stated
her concern about specific language in Resolution 32, 2008. City Manager Ron Ferris
stated staff does understand Council's intent. He disagreed with Donaldson Hearing's
statement and stated he does believe Mark Hendrickson and Jack Doughney do need to
be onsite to avoid a disagreement on a planting that would have to be dealt with at a later
date. Councilmember Barnett stated they are in agreement, but the wording needs to be
worked out. Mayor Jablin stated he wants the Resolution wording to be correct and
accurate. Mayor Jablin declared a 5- minute recess at 9:14 p.m. At 9:19 p.m. the meeting
resumed. Mayor Jablin stated the language to be used: Instruction to the golf course
renovation application of Mr. Donaldson Hearing of Cotleur & Hearing on behalf of the
BallenIsles Country Club to the approval of the grading, paving, irrigation, drainage and
landscaping modifications of the golf course more particularly described in Exhibit A and
so on. Field adjustments to the 8th perimeter fairways must be reviewed and approved by
the Community Service Administrator to ensure the representations made at the public
hearing are adhered to. Additional field adjustments may be required by the Community
Service Administrator to ensure the representations are adhered to. Mayor Jablin charged
the Community Service Administrator to look at the whole project through the City's
eyes of less is more. Mayor Jablin stated he would entertain a motion with the changes to
language in the Resolution itself with the expressed understanding that the City will
oversee this from our eyes and that less is more. Mayor Jablin stated Council would do its
level best to ensure everyone is happy. Vice Mayor Levy stated his agreement with
Mayor Jablin.
Motion
Vice Mayor Levy made a motion to approve Resolution 32, 2008 as amended with
section two and condition one. Councilmember Barnett seconded. The motion was
approved unanimously, 4 -0.
Mayor Jablin thanked everyone for their patience and declared a 3- minute recess. Mayor
Russo rejoined the Council on the dais.
The City Clerk read Resolution 22, 2008 by title.
b. Resolution 22, 2008 — Development Order Amendment. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending the Development Order
for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross
Road to the North, Central Boulevard to the West, and Military Trail to the East, as more
particularly described herein, to eliminate certain conditions of approval related to the
provision of shared parking: providing conditions of approval; providing waivers; and
providing an effective date.
Councilmember Russo announced Palm Beach Gardens High School beat The Benjamin
School at lacrosse and will now go to the State competition.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7
04.17.08
I Mayor Jablin opened the public hearing and entertained a motion to postpone Resolution
2 22, 2008 until a date certain of May 15, 2008.
3 Motion
4 Vice Mayor Levy made a motion to postpone Resolution 22, 2008 until a date certain of
5 May 15, 2008. Councilmember Russo seconded. The motion was approved unanimously,
6 5 -0.
7 The City Clerk read Resolution 29, 2008 by title.
8 c. Resolution 29, 2008 — DoubleTree Hotel. A Resolution of the City Council of the
9 City of Palm Beach Gardens, Florida approving the Art in Public Places for the Northern
10 portion of the DoubleTree Hotel Planned Unit Development (PUD), as described more
11 particularly herein; providing an effective date.
12 Mayor Jablin opened the public hearing and requested ex parte communications. None
13 was declared. Mayor Jablin invited the petitioner to give his presentation.
14 Marty Minor, Urban Design Studio, provided a brief history and description of the
15 property. The artwork is by Palm Beach Gardens' resident Mark Fuller, who has created
16 artwork throughout North America. Mark Fuller is using the same film for Triads as for
17 the butterfly and the fish at PGA Commons. Mr. Minor described Triads and stated the
18 Art in Public Places Board recommended approval by a 6 -1 vote and staff recommends
19 approval as well. Councilmember Barnett questioned the placement of the art. Growth
20 Management Administrator and Art in Public Places Board staff liaison, Kara Irwin,
21 stated the art is on the building per the elevations shown. Councilmember Barnett stated
22 her objections based on the original discussion where she considered height an issue and
23 was reassured surrounding trees would cover the building. Kara Irwin explained the
24 majority of the art faces internally into the plaza but it will be visible when traveling
25 North on Military Trail. Garden Lakes townhomes has a wall. Mr. Minor explained there
26 will be standard lighting to reflect the change in color. Kara Irwin showed aerial photos
27 and a model. The mounting, using a metal plate, was described and that it is engineered
28 for 140- mile - per -hour wind. The lighting effect on the South and West elevations was
29 demonstrated. Mayor Jablin stated he likes the artwork. Councilmember Barnett stated
30 the illuminated building will overlook the one -story apartments directly across the street.
31 Vice Mayor Levy stated the fasteners cannot be anything less than 3/I7 stainless steel to
32 prevent rust.
33 Motion
34 Vice Mayor Levy made a motion to adopt Resolution 29, 2008. Councilmember Russo
35 seconded with discussion. Councilmember Russo stated he likes the artwork. It comes
36 from Mr. Channing of PGA Commons, which is one of the best art demonstrations in the
37 City. Councilmember Barnett stated her objections because of the light and the fact the
38 building is larger than she thought it should have been. She cannot support it.
39 The motion was approved by a vote of, 4 -1, with Councilmember Barnett dissenting.
40 Mayor Jablin inquired if Stack 45 in Legacy Place will be illuminated. Marty Minor
41 stated it will.
42 The City Clerk read Resolution 31, 2008 by title.
43 d. Resolution 31, 2008 — Gander Mountain. A Resolution of the City Council of the City
44 of Palm Beach Gardens, Florida approving an exception to Section 6 -4, Code of
45 Ordinances entitled "Distance Limitations between Vendors, Churches, and Schools" and
46 approving a waiver from Section 78 -285 to allow the placement of logo medallions on
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the approved building for the Gander Mountain Planned Unit Development (PUD) on
13.18 -acre parcel located on the West side of Sandtree Drive, immediately South of the
Northlake Commons /Home Depot shopping center, as described more particularly herein;
providing waivers; providing conditions of approval; and providing an effective date.
Mayor Jablin opened the public hearing and requested ex parte communications.
Councilmember Barnett declared a conversation with the applicant. Vice Mayor Levy
and Councilmember Premuroso declared a meeting with Joe Ryan onsite where they were
shown the medallions and where they will be located. Councilmember Russo declared
none. Mayor Jablin declared a meeting with the petitioner on both issues.
Mayor Jablin invited the petitioner to give his presentation.
Donaldson Hearing, Cotleur & Hearing, representing Oppidan Investment gave a brief
background of the project including the request for a beer and wine license for an
ancillary restaurant, Tall Tales, and capstone medallions to be installed around the top of
the building. Mr. Hearing stated the Palm Beach Gardens opening has made it the No. 1
grand opening in Gander Mountain history. Mayor Jablin asked for questions from
Council, with none forthcoming. Mayor Jablin invited staffs presentation.
Growth Management Administrator Kara Irwin stated a brief history of the project, which
included the request for outdoor restaurant seating, excluding outdoor music, speakers or
advertising. The second request is for logos on tiles. By City Code, logos are considered
signage. Other developments requested scored tiles with palm trees on them as decorative
embellishments. Ms. Irwin stated the intent is architectural in nature and not to provide
signage. It is consistent with other projects. Staff is recommending approval.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against Resolution 31, 2008 come forward. With no one wishing to speak, Mayor Jablin
closed the public hearing and brought Resolution 31, 2008 back up to
Council for discussion.
Motion
Vice Mayor David Levy made a motion to approve Resolution 31, 2008. Councilmember
Barnett seconded. The motion was approved unanimously, 5 -0
Part II — Non -Quasi iudicial
The City Clerk read Ordinance 6, 2008 by title.
a. Ordinance 6, 2008 (2nd reading and adoption) General Employees' Pension Plan. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the
General Employees' Pension Plan (DB); amending Section 3 -128, Code of Ordinances
entitled "Board of Trustees "; providing for codification; and providing an effective date.
Finance Administrator Allan Owens stated Ordinance 6, 2008 changes only the Board
composition and there have been no changes since first reading.
Mayor Jablin opened the public hearing with no questions forthcoming from Council.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against Ordinance 6, 2008 come forward. With no one wishing to speak, Mayor Jablin
closed the public hearing and brought Ordinance 6, 2008 back up to Council.
Motion
Vice Mayor Levy made a motion for approval and adoption of Ordinance 6, 2008 on 2nd
reading. Councilmember Barnett seconded. The motion was approved unanimously, 5 -0.
X. RESOLUTIONS
Mayor Jablin announced Resolution 30, 2008
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Resolution 30, 2008 — Contract Award to Glasgow Equipment Services. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida, approving a contract award
to Glasgow Equipment Services, Inc. for the Design/Build of a Fuel Tank Removal and
Replacement project (No. 2008 -002); authorizing the Mayor and City Clerk to execute
the contract; and providing an effective date.
Public Works Operations Director Mike Morrow explained the background of the fuel
tank requirements. He stated the selection of contractor was based on the lowest and best
price. The contractor has agreed to complete the project within 90 calendar days, with
final completion at 105 days. It is designated as a capital improvements project.
Mayor Jablin asked for questions from Council. Vice Mayor Levy asked for both the
capacity of the old tank and the new tank. Mike Morrow stated both are 10,000 - gallon
gasoline tanks. The new tank is a double - walled, interstitial, monitored, feeder systems,
probe, sensors, integrated fuel management, and automatic inventory system tank. Vice
Mayor Levy stated he is familiar with Glasgow Equipment Services, Inc., and they do
good work. With no further questions, Mayor Jablin asked for a motion on Resolution 30,
2008.
Motion
Vice Mayor Levy made a motion for approval of Resolution 30, 2008. Councilmember
Barnett seconded. The motion was approved unanimously, 5 -0.
XI. ORDINANCES (For Consideration on First Reading)
None.
XII. ITEMS FOR COUNCIL ACTION /DISCUSSION
a. City Manager Contract
Mayor Jablin stated the City Manager's contract is for 3 -years duration. The City
Manager must be given 12 -month notice for non - renewal. Therefore, a decision must be
made before June 1, 2008.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against renewal of the City Manager's contract come forward.
John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated there should be some
criteria for objectives for performance in fairness to Ron Ferris and the Council. There
should be a survey of comparable size cities to determine the City Manager salary and
objectives. Mr. Chaplik asked why the City Manager and the City Attorney receive
higher than the standard 13 percent for pension contribution. Mr. Chaplik requested
discussion to determine length of the contract and plans for a future City Manager. Due to
a tight budget, perks for City employees may be eliminated and the City Manager's perks
should also be eliminated.
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated everyone should
remember City Manager Ferris' quick action removing City funds from the State Board
of Administration saved the City enough money to pay for Mr. Ferris' contract many
times over.
With no further public comments, Mayor Jablin closed the public hearing and brought
discussion of the City Manager's Contract back up to Council.
Councilmember Barnett stated as a response to residents' requests for an evaluation
criteria for the City Manager position, she found the Handbook for Evaluating the City
Manager online. She asked Council and City Manager Ferris to review the 20 -page
document and decide if it is something they think would be an appropriate and useful
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tool, even if just for the record and to set precedent going forward. Councilmember
Barnett asked for a postponement of the City Manager Contract discussion until the next
City Council meeting (May 1, 2008).
Councilmember Robert Premuroso stated, in fairness to City Manager Ferris, there
should be some kind of evaluation process regardless of the length of his contract. An
annual review would give City Manager Ferris direction on how he is doing, including
where he is exemplary and suggestions for improvement. Councilmember Premuroso
would like to see a contract that is an annual review or a review that does not conflict
with the election timeframe to prevent too much turnover on the Council at one time,
thereby causing lack of direction. Councilmember Premuroso stated he believes City
Manager Ferris has done an excellent job and thanked him for all of the personal time he
used in attending Parks and Recreation events.
Mayor Jablin, stated there have been City Manager evaluations in the past, including Mr.
Ferris. Mayor Jablin found them difficult and cumbersome to fill out. Mayor Jablin works
with Mr. Ferris daily and, in effect, gives a day -to -day evaluation. He does understand if
Council wants to see a formal review, but finds them subjective and difficult.
Vice Mayor Levy stated his goal is to see Palm Beach Gardens be the best City in the
world and he believes we are on our way. He too does a daily objective evaluation of the
City. He believes we are on the cutting edge in technology. Vice Mayor Levy considers
the response times of the Police and Fire Departments, both of which are accredited. The
City won three awards tonight. Palm Beach Gardens' police officers won two of the last
four Palm Beach Post Officer of the Year awards, which Vice Mayor Levy considers
incredible. The Recreation Department is incredible, with people traveling miles to
participate in Palm Beach Gardens' sports. The parks are in great shape. Vice Mayor
Levy stated he can tell when crossing the lines from other municipalities into Palm Beach
Gardens because our City is prettier and cleaner. The City has a Graffiti Eradication
team. He stated these things do not happen by chance, they happen through strong
leadership. Palm Beach Gardens has one of the lowest tax rates in the County and
believes we are getting great value for the money. Vice Mayor Levy believes City
employee morale is very high and employees take pride in their jobs, citing the many
compliments he receives about employees from residents. He gave City Manager Ferris
credit because he follows the direction of Council. Vice Mayor Levy stated he gives City
Manager Ferris high marks. Vice Mayor Levy stated Palm Beach Gardens is one of the
most financially stable Cities in the County, having had a 5 percent rollback because of
the efficiency achieved. He agreed with John Chaplik that the City Manager's
performance should be reviewed and stated that he is very happy with City Manager
Ferris' performance.
Councilmember Russo stated he does not believe an evaluation has anything to do with
extending City Manager Ferris' contract. Councilmember Russo stated he has never
worked with a better professional manager than Ron Ferris. At the beginning of his last 3-
year term as Mayor he cited the perception the Council was not running the City, the
need for improved communication with residents and the need for an improved budget
process. City Manager Ron Ferris achieved these objectives. The City is financially
stable. Councilmember Russo stated we have a City that is second to none and a City
Manager that is second to none. Councilmember Russo stated he is willing to do a written
evaluation for City Manager Ferris, but he is prepared to, and wants to, go forward with
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the contract tonight. Mayor Jablin stated City Manager Ferris has done a phenomenal job
and deserves the accolades. Councilmember Barnett commented she agrees that City
Manager Ferris is doing an excellent job. She believes leadership is top down and she
would like to see direction from Council on the type of management wanted going
forward. She requested that everyone be open- minded about an evaluation and act upon
that before approving a contract extension. It may be the best justification for extending
City Manager Ferris' position. Mayor Jablin summarized that Councilmember Barnett is
looking for goals and objectives to be given to the City Manager on a regular basis. That
way he will have direction on how Council wants to go about moving the City forward.
Mayor Jablin stated he does not believe a review process has anything to do with
renewing City Manager Ferris' contract tonight. Councilmember Russo suggested a town
hall meeting on May 14, 2008 at which time goals and objectives for the City Manager
can be set for the following year. Councilmember Russo believes an evaluation process
should be tied to the goals and objectives. Earlier evaluations were not in writing.
Councilmember Russo suggested Councilmember Premuroso come up with an idea.
Councilmember Russo stated he does not believe an evaluation has to be based on
numbers. He believes each member of the Council can provide their review of City
Manager Ferris' performance and present both short-term and long -term goals, thereby
providing goals for a future City Manager. The only complaint Councilmember
Premuroso has heard regarding the City Manager is money. Councilmember Premuroso
stated his respect for City Manager Ferris.
Motion
Councilmember Russo made a motion to inform the City Manager that we intend to not
notify him of termination of his contract. Councilmember Barnett seconded. The motion
was approved unanimously, 5 -0.
b. Appointment of Council to External Boards
The following External Board assignments were made: Intergovernmental Issues,
Councilmember Robert Premuroso; Loxahatchee River Coordinating Council, Jody
Barnett; Palm Beach County League of Cities, Vice Mayor David Levy; North County
Intergovernmental, Mayor Eric Jablin; Northlake Boulevard Task Force, Jody Barnett;
Palm Beach County Metropolitan Planning Organization, Mayor Eric Jablin; Seacoast
Utility Authority, City Manager Ron Ferris; Bioscience Land Protection Advisory Board,
Councilmember Joseph Russo; Workforce Housing Subcommittee, Councilmember
Robert Premuroso; Palm Beach County Hazmat, Vice Mayor David Levy; Palm Beach
Workforce Alliance Consortium, Vice Mayor David Levy.
c. Appointment of Council to Internal Boards
Councilmember Barnett stated when she joined the City Council the internal boards did
not have Council Liaisons and they were functioning fine. Mayor Russo noted the critical
comments about Council not being involved enough. Councilmember Premuroso
volunteered for the Budget Oversight Committee (BOC). Other assignments will stay the
same. It was decided to leave the boards as they are at this time and see what comes from
the meeting between the Community Aesthetics Board (CAB) and the Recreation
Advisory Board (RAB).
XIII. CITY ATTORNEY REPORT
City Attorney Christine Tatum stated a signed agreement has been received from Wendy
Ross regarding the PGA Boulevard flyover art project. Within the next few weeks the
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12
04.17.08
I florets (bottom part) will be removed and refinished. The City has agreed to a minimal,
2 but regular, maintenance program. Councilmember Premuroso inquired if the spheres
3 (top part) have rust. City Attorney Tatum stated they do not. Councilmember Premuroso
4 stated it was his understanding the entire pieces were about to come down. City Attorney
5 Tatum reassured Councilmember Premuroso the artwork is structurally sound. The
6 bottom parts is just staining and discoloration.
7
8 (The remainder of this page intentionally left blank.)
9
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XIV. ADJOURNMENT
There being no further business to come before the Council, Vice Mayor Levy made a
motion to adjourn. Councilmember Russo seconded. Motion carried unanimously, 5 -0.
The meeting was adjourned at 10:58 p.m. The next regularly scheduled City Council
meeting will be held May 1, 2008
APPROVED:
ATTEST:
Patricia Snider, CM
City Clerk
David
Robert G. Premuroso, Councilmember
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 are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04.17.08
PAGE 14
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE NAME /�/
C) V ��! r \
NAME OF BOARD, COUNCIL, COMMISSION,, AUTHORITY, OR COMMITTEE
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MAILI G A ,DfS -
THE BOARD, CO CIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE-IS A UNIT OF:
❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY COUNTY
.iti G
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NAME OLITICAL SUBDIVISION:
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DATE ON WHICH VOTE OCC RRE
/7 00ve
MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
+ The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
/DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, O S �� 0` �ls 5 S O 1 hereby disclose that on 7 o Q 20
(a) A measure came or will come before my agency which (check one)
nured to my special private gain or loss; `
inured to the special gain or loss of my business associate,
_ inured to the special gain or loss of my relative,
inured to the special gain or loss of , by
whom I am retained; or
Inured to the special gain or loss of which
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
3 L Z c e 7
1 /
7274 -
�/l7
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. V2000 PAGE 2