HomeMy WebLinkAboutMinutes Council 101608I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 OCTOBER 16, 2008
5
6 The October 16, 2008 Regular Meeting of the City Council of the City of Palm
7 Beach Gardens, Florida, was called to order at 7:08 p.m. in the Council
8 Chambers of the Municipal Complex, located at 10500 North Military Trail,
9 Palm Beach Gardens, Florida, by Mayor Eric Jablin.
10 I. PLEDGE OF ALLEGIANCE
11 II. ROLL CALL
12 The City Clerk called the roll and the following elected officials were found to
13 be in attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember
14 Joseph Russo, Councilmember Jody Barnett and Councilmember Robert
15 Premuroso.
16 Mayor Jablin announced the passing of three community members: Gail
17 Hansen, Chandler Clark and Charles O'Meilia.
18
19 III. ADDITIONS, DELETIONS, MODIFICATIONS
20 ADDITIONS
21 Under Consent
22 Proclamation — Florida City Government Week.
23 Under Resolutions
24 Resolution 90, 2008 — appointment of members to the Planning, Zoning &
25 Appeals Board.
26 Resolution 98, 2008 — appointment of alternative members to the Community
27 Aesthetics Board.
28 DELETIONS
29 None.
30 MODIFICATIONS
31 Move to re -order the presentations:
32 New a. Riverside Youth Enrichment Center — Read for the Record.
33 New b. Palm Beach Gardens Fast Pitch Softball Travel Team.
34 New c. Youth Triathlon
35 New d. Solid Waste Authority recognizing the City's outstanding recycling
36 participation.
37 Motion
38 Vice Mayor Levy made a motion to include the additions and reorder the
39 presentations as read. Councilmember Russo seconded. The motion passed
40 unanimously, 5 -0.
41
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1 IV. ANNOUNCEMENTS AND PRESENTATIONS
2 a. Riverside Youth Enrichment Center — Read for the Record. Charlotte
3 Presensky, Recreation Director, explained the Palm Beach County Literacy
4 Coalition Read for the Record event. The book was entitled, "Corduroy." The
5 children presented gifts to the City Council members as a thank you for
6 participating in the program.
7 b. Palm Beach Gardens Fast Pitch Softball Travel Team. Mayor Jablin invited
8 the team members to come forward and introduced them to the audience. Mayor
9 Jablin announced that they won the championship game with a score of 63 -11.
10 Their season record is 70 wins and 9 losses. They defeated teams from eight
11 different states.
12 c. Youth Triathlon. Mayor Jablin described the Triathlon and thanked the staff,
13 volunteers, and sponsors. A plaque was awarded to The Gardens mall for their
14 $2,500.00 contribution and to Publix GreenWise Market for their $1,000.00
15 contribution and an additional $1,000.00 in food donations for participants and
16 volunteers.
17 d. Solid Waste Authority recognizing the City's outstanding recycling
18 participation. Susan Chapman, Program Development Coordinator for the Solid
19 Waste Authority Recycling Department presented a recognition award to the
20 City Council and citizens of Palm Beach Gardens for their active participation in
21 the recycling program.
22 V. ITEMS OF RESIDENT INTEREST AND BOARD /COIMMITTEE
23 REPORTS
24 a. Councilmember Barnett discussed the rumors surrounding Congressman
25 Timothy Mahoney and the far - reaching negative effects of his actions. In an
26 effort to prevent any such situation involving any type of sexual harassment
27 claims from happening in Palm Beach Gardens, Councilmember Barnett
28 proposed a new Human Resources (HR) policy based upon a model found at the
29 International City /County Management Association (ICMA) website.
30 Councilmember Barnett proceeded to read the proposed policy. Mayor Jablin
31 stated he had not seen this policy before nor had H. Max Lohman, Interim City
32 Attorney. Mayor Jablin requested that Councilmembers be given time to review
33 the policy. Councilmember Russo stated he would prefer to refer the issue to
34 staff and have them come back and present an opinion. Vice Mayor Levy agreed
35 with Councilmember Russo's suggestion to get staff's opinion. City Manager
36 Ferris stated that the City does have nepotism and sexual harassment policies
37 currently in effect and that he will be happy to review the policy
38 Councilmember Barnett suggested and bring back staff's opinion as well as the
39 policies in effect at this time.
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b. Vice Mayor Levy attended the Palm Beach Gardens High School
homecoming parade.
c. Councilmember Russo did not have a report.
d. Councilmember Premuroso noted that the message boards are up at the
Kyoto Gardens Drive and Alt A 1 A intersection.
e. Mayor Jablin distributed a membership application form for the Palm Beach
Gardens Historical Society to the Councilmembers and asked that the Council
review it and consider membership for the City. Mayor Jablin attended a
Metropolitan Planning Organization (MPO) meeting and reported there is a huge
need for infrastructure and limited funds. This is the inaugural weekend for the
Green Market and new landscaping and a sound system are in place.
VI. CITY MANAGER REPORT
City Manager Ron Ferris introduced Richard Marrero, Senior Planner, Growth
Management. Senior Planner Marrero presented the Federal Emergency
Management Agency (FEMA) Community Rating System Award, which will
result in flood insurance savings for Palm Beach Gardens residents. The "Let Us
Vote" video from the League of Cities relating to Charter Amendment voting
that will appear on the November 4, 2008 ballot was shown. City Manager
Ferris introduced John Donahue, City Engineer, who gave a presentation on the
temporary modifications that are planned for Kyoto Gardens Drive and Lake
Victoria Gardens Avenue intersection until the construction for new signals is
complete and the signals are activated. Councilmember Premuroso asked about
plans for Gardens Parkway and Fairchild Gardens Avenue. Mr. Donahue stated
he will check into future plans and report back to the City Council. Kara Irwin,
Growth Management Administrator, presented the history of Ordinance 8, 2007,
which limits residential building height within the City. Administrator Irwin
then reviewed Ordinance 13, 2008, which limits nonresidential building height.
The Planning, Zoning and Appeals Board (PZAB) sitting as the Land
Development Regulation Committee (LDRC) recommended 7 -0 for denial of
Ordinance 13, 2008. Further discussion of both residential and nonresidential
building height restrictions in different areas of the City was presented.
Administrator Irwin asked the City Council for direction. Councilmember Russo
recounted his history with the Palm Beach Gardens Residents Coalition and
asked the other Councilmembers for their opinions on the building height
Ordinances. Councilmember Russo stated he would support Ordinance 8, 2007
and Ordinance 13, 2008 that limits the Western area. Mayor Jablin stated he
approved of Ordinance 8, 2007, but is not comfortable going any further and
reiterated that the PZAB voted against Ordinance 13, 2008. Councilmember
Barnett stated she was unhappy with how Ordinance 8, 2007 was drafted and
would not support it nor would she support Ordinance 13, 2008. Vice Mayor
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Levy commended Councilmember Russo for his efforts and stated he probably
would have supported Ordinance 8, 2007 and Ordinance 13, 2008.
Councilmember Premuroso stated he thinks he would have supported limiting
residential height West of Interstate 95 but not limiting commercial height East
of Interstate 95. Councilmember Barnett asked which staff member was
assigned to review the Board member attendance policy and when the subject
would be presented to the City Council. City Manager Ferris stated that the
attendance policy is part of the review for the total Ordinance and the Interim
City Attorney will report on it tonight. Councilmember Barnett asked who is
working on the Request for Proposal (RFP) for the City attorney. City Manager
Ferris stated Human Resources is handling some other issues and the RFP for
the City attorney will go out shortly. Councilmember Barnett stated she wished
to ensure that the process moves forward in a timely fashion.
VII. COMMENTS FROM THE PUBLIC
Terence Brady, Lacey Oak Drive, Palm Beach Gardens, speaking on behalf of
the PGA Corridor Association, thanked Councilmember Russo, Administrator
Irwin and City Manager Ferris for all of their efforts. Mr. Brady stated he was
disappointed that he was not notified that the height Ordinances would be
discussed at tonight's meeting.
Eileen Tucker, Shady Lakes, Palm Beach Gardens, corrected Mr. Brady's use of
the name PGA Corridor Association and stated it was the Palm Beach Residents
Coalition. Ms. Tucker expressed her concern for the tables, chairs, signs, lights,
etc., along PGA Boulevard in the PGA Commons area and asked if the vendors
have permits to display and sell their wares on the street. Ms. Tucker suggested
that there be one resident representative from each development and
neighborhood as part of the planning team for the City's 50th anniversary
celebration.
Councilmember Russo asked staff to check the on- street vendors selling wares
at PGA Commons.
Mayor Jablin stated the MacArthur Foundation has approved a $250,000.00
grant that will include a statue of John D. MacArthur and part to pay for the 50th
anniversary celebration. Councilmember Barnett asked for a copy of the grant
application.
VIII. CONSENT AGENDA
a. Approve Minutes from August 21, 2008 regular City Council meeting.
b. Approve Minutes from September 4, 2008 regular City Council meeting.
c. Approve Minutes from September 18, 2008 regular City Council meeting.
d. Resolution 85, 2008 — Renewal of Boyle Engineering Contract. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida awarding a
continuing contract for Professional Services to Boyle Engineering Corporation,
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as required by the Consultants' Comparative Negotiation Act; providing an
effective date; and for other purposes.
e. Resolution 92, 2008 — Nutrition S'Mart — Special Event Application. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a fourth special event application at Nutrition S'Mart for a Customer
Appreciation Day to be held on Saturday, November 15, 2008, from 11:00 a.m.
until 3:00 p.m., generally located on the Northeast corner of Northlake
Boulevard and Keating Drive; providing an effective date for other purposes.
f. Resolution 94, 2008 — Downtown at the Gardens — Special Event
Application. A Resolution of the city Council of the city of Palm Beach
Gardens, Florida approving a special event application for Downtown At The
Gardens to be held Thursday, November 13, 2008, generally located on the
North side of Kyoto Gardens Drive, on mile East of Military Trail; providing
conditions of approval; providing an effective date; and for other purposes.
g. Proclamation — Palm Beach Gardens Medical Center celebrating 40 years.
Councilmember Barnett requested that Item d. be pulled from the Consent
Agenda for further discussion. Community Services Administrator Jack
Doughney and Interim Attorney R. Max Lohman explained the Boyle
Engineering contract.
Motion
Vice Mayor Levy made a motion for approval the Consent Agenda without
Item d. Councilmember Russo seconded. The motion passed unanimously, 5 -0.
The City Clerk Read Resolution 85, 2008 by title.
Resolution 85, 2008 — Renewal of Boyle Engineering Contract. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida awarding a
continuing contract for Professional Services to Boyle Engineering Corporation,
as required by the Consultants' Comparative Negotiation Act; providing an
effective date; and for other purposes.
Councilmember Barnett stated her concerns and objections regarding the
contract renewal for Boyle Engineering. Assistant City Manager Jack Doughney
gave a presentation explaining the referenced contract that would have expired
September 30, 2008, which both parties agreed to extend until the next City
Council meeting. Assistant City Manager Doughney also explained the
competitive process and the number of companies involved and their standing.
Councilmember Barnett directed her question to Interim Attorney H. Max
Lohman for further explanation. Discussion ensued regarding the bid number,
RFQ 2006 -004, which is on file with the City Clerk. Councilmember Barnett
asked for a ruling on signing a contract on October 16, 2008 that is effective on
October 1, 2008. Interim Attorney Lohman stated it is allowable to backdate a
contract and that it happens routinely.
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Motion
Vice Chair Levy made a motion for approval of Resolution 85, 2008.
Councilmember Russo seconded. The motion passed, 4 -1 with Councilmember
Barnett dissenting.
IX. PUBLIC HEARINGS
Park I —Quasi — judicial
Mayor Jablin announced the procedures that would be followed in tonight's
proceedings. The City Clerk swore in all those intending to offer testimony in
any of tonight's public hearings. The City Clerk read Resolution 88, 2008 by
title.
a. Resolution 88, 2008 — Tall Tales Restaurant. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending Section 4 of
Resolution 31, 2008 for Tall Tales Restaurant located within the Gander
Mountain Planned Unit Development (PUD) on a 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 an effective date; and for other purposes.
Mayor Jablin opened the public hearing. No ex parte communication was
declared.
Barry Brown, 1700 Embassy Drive, West Palm Beach, representing Tall Tales
Restaurant, gave a brief history of the project. Mr. Brown explained the
amendment of Resolution 31, 2008 from beer and wine only to allow full liquor
sales within the restaurant. Further explanation was given regarding customer
base, restaurant location, hours of business, zoning and that there are similar
restaurants within the City. The staff recommends approval. Growth
Management Administrator Kara Irwin briefly explained the zoning, which
allows the business, and the store hours. Discussion ensued regarding the
safeguards that Gander Mountain employs when selling weapons, including
escorting the purchaser to his/her car. Administrator Irwin stated that the Crime
Prevention Through Environmental Design (CPTED) suggestions were well
received. All employees are trained and certified in the appropriate time to sell
alcoholic beverages.
Mayor Jablin stated this is a public hearing and invited speakers to come
forward and be heard.
Carol Estrada, Riverside Drive, Palm Beach Gardens, inquired about the training
for servers of alcohol.
Mayor Jablin closed the public hearing and brought the matter back before City
Council.
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Motion
Vice Mayor Levy made a motion for approval of Resolution 88, 2008.
Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
The City Clerk read Resolution 96, 2008 by title.
b. Resolution 96, 2008 — Artwork at the PGA Commons Development. A
Resolution of the city Council of the City of Palm Beach Gardens, Florida
approving the installation of artwork at the PGA Commons Development;
providing conditions of approval; providing an effective date; and for other
purposes.
Mayor Jablin opened the public hearing. No ex parte communication was
declared.
Marty Minor, Urban Design Studio, representing PGA Commons, requested
approval of additional public artwork at the site. He explained the three
conditions requiring the removal of artwork. Discussion ensued regarding
identifying placards for each piece of art. Councilmember Barnett stated her
concern about using the PGA Overlay for merchandise sales. Mayor Jablin
stated he is in favor of public art displays on PGA Boulevard. Councilmember
Russo stated his concern for selling products from kiosks. Administrator Irwin
explained which pieces need permits. Joel Channing explained the permit
process and the value of the art on display. Vice Mayor Levy stated the Sunglass
Hut kiosk is not art.
Mayor Jablin stated this is a public hearing and invited speakers to come
forward and be heard.
Pat Hughey, Palm Beach Square, Palm Beach Gardens, asked if there is a time
limit regarding replacement or site restoration when a piece of artwork is
removed. Joe Channing explained his agreement uses the word "promptly."
Eileen Tucker, Shady Lakes, Palm Beach Gardens, stated she thinks that the
PGA Commons is beautiful but believes there should be a definition of what can
be displayed. Ms. Tucker also cited the discrepancy between the amount of
artwork at The Commons and the lack of artwork directly across PGA
Boulevard at Midtown.
Mayor Jablin closed the public hearing and brought Resolution 96, 2008 back to
City Council.
Motion
Vice Mayor Levy made a motion for approval of Resolution 96, 2008.
Councilmember Russo seconded. The motion passed unanimously, 5 -0.
Park II — Non - Ouasi- judicial
X. RESOLUTIONS
The City Clerk read Resolution 93, 2008 by title.
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I a. Resolution 93, 2008 — Paint Color Modifications to the Christ Fellowship
2 Buildings, A Resolution of the City Council of the city of Palm Beach Gardens,
3 Florida amending Resolution 83, 2005 for the Christ Fellowship North Campus
4 Planned Unit Development (PUD), located on the North side of Northlake
5 Boulevard approximately one mile West of Military Trail, as described more
6 particularly herein; providing an effective date; and for other purposes.
7 Alexandra Kalfin, Planner, Cotleur & Hearing, described the site, location,
8 expansion and proposed colors. Growth Management Administrator Kara Irwin
9 advised Councilmembers that the applicant did work with the Northlake
10 Residents Coalition and the colors are acceptable to them. Only the building
11 color will change, not the wall color.
12 Mayor Jablin opened the public hearing. With no one wishing to be heard,
13 Mayor Jablin closed the public hearing and brought Resolution 93, 2008 back to
14 City Council.
15 Motion
16 Councilmember Russo made a motion for approval of Resolution 93, 2008. Vice
17 Mayor Levy seconded. The motion passed unanimously, 5 -0.
18 b. Resolution 90, 2008 — Re- Appointment of members to the Planning, Zoning
19 and Appeals Board. A Resolution of the City Council of the City of Palm Beach
20 Gardens, Florida appointing regular and alternate members to the Planning,
21 Zoning and Appeals Board; providing an effective date; and for other purposes.
22 Vice Mayor Levy discussed term limits. Mayor Jablin stated he believes the
23 chairmanship should move around for all boards. Councilmember Russo stated
24 his concern for continuity with large board member turnover at one time.
25 Councilmember Premuroso related his experience as a long -term Board chair
26 and stated that it takes time to develop a rapport. Councilmember Russo stated
27 he felt that applicants Joanne Koerner, P.E., and Charles Hathaway are excellent
28 choices. Councilmember Barnett clarified that the alternates will move to
29 regular members and the new members will be appointed as alternates and that
30 change brings about different dynamics. Councilmember Barnett suggested
31 reappointing Randolph Hansen, Barry Present, Amir Kanel and Donald Krzan
32 regular members, removing Craig Kunkle and appointing two alternates. Vice
33 Mayor Levy agreed that Joanne Koerner, P.E. and Charles Hathaway are good
34 choices and clarified that Amir Kanel is an engineer, although not a licensed
35 professional engineer. Councilmember Barnett inquired about the other
36 Councilmembers' familiarity with Charles (Chuck) Hathaway. Mayor Jablin
37 stated he has worked in the development area for many years.
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I Motion
2 Vice Mayor Levy made a motion for approval of Resolution 90, 2008
3 appointing regular members: Randolph Hansen, Barry Present, Craig Kunkle
4 and Amir Kanel; first alternate Donald Krzan and second alternate Joanne
5 Koerner, P.E. Councilmember Barnett seconded. The motion passed
6 unanimously, 5 -0.
7 The City Clerk read Resolution 98, 2008
8 c. Resolution 98, 2008 — Appointment of Alternate Members to the Community
9 Aesthetics Board (CAB). A Resolution of the City Council of the City of Palm
10 Beach Gardens, Florida approving the appointment of alternate members to the
11 Community Aesthetics Board; providing an effective date; and for other
12 purposes.
13 Motion
14 Councilmember Barnett nominated Rosie Carr for membership as first alternate.
15 Vice Mayor Levy seconded. The motion passed unanimously, 5 -0.
16 XI. ORDINANCES
17 None.
18 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
19 None.
20 XIII. CITY ATTORNEY REPORT
21 Interim Attorney R. Max Lohman presented a draft of the Ordinance with
22 revisions to the Boards and Committees. It took awhile to prepare because more
23 pressing issues had to be taken care of first. Mayor Jablin asked
24 Councilmembers to take the draft home to review and speak to Attorney
25 Lohman about their concerns.
26 Councilmember Barnett referred to a newspaper article regarding the District
27 Park and asked that it be on the next agenda for Council discussion and
28 consideration. Mayor Jablin stated he spoke to County Commissioner Marcus
29 today and the County is just beginning the process of getting estimates for the
30 land. A timeline is not yet available. Councilmember Russo stated the possibility
31 of selling 10 acres for an autism center should be discussed by Council and the
32 ability to hasten the purchase if the County were approached directly by the
33 autism center. Council agreed to discuss the matter at an upcoming meeting.
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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 Barnett seconded. The motion carried unanimously, 5 -0. The
meeting was adjourned at 9:36 p.m. The next regularly scheduled City Council meeting will
be held November 6, 2008.
APPROVED:
ATTEST:
12�4 V��
Patricia Snider, CMC
City Clerk
1/UV111 LVV V V 1\.V 1VA".y'.Jl //
- s7h R: Russo, Councilmember
Jody Barnett, ouncilmember
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
10.16.08
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