HomeMy WebLinkAboutMinutes Council 081601CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
August 16, 2001
The August 16, 2001 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:00 p.m. in the Council Chambers of the
Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida,
and opened with the Pledge of Allegiance to the Flag.
ROLL CALL: The City Clerk called the roll and the following elected officials were
found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin,
Councilmember Lauren Furtado, and Chair Pro Tern Carl Sabatello. Councilmember
David Clark was absent from the meeting.
PRESENTATIONS:
Representative Jeff Atwater - Representative Atwater reported that in the last session of
the legislature a $54 billion budget had been passed, with new dollars going to K -12,
Health & Human Services, Transportation, Florida Forever, beach nourishment projects,
and intangible tax relief. A new government' education policy was also passed. Several
new policies were established, including a new K -12 alternative certification policy to
allow prospective teachers looking for a mid - career change to apply skills to shorten the
time to receive qualification. An adjunct teacher certification was developed so that a
person with strong Knowledge of a particular skill could teach that only. Transfer of
years of service was established. Principals could now accept or decline the School
Board's decision to move a teacher to their school and part-time student aid scholarships
were established. Representative Atwater also reported that nursing home reform had
established high standards and new dollars, four drugs had been removed from the non-
substitution list, and funding for breast cancer research had been increased. Election
reform had been addressed.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Councilmember Furtado reported attendance at the Office Depot grand re- opening and
expressed appreciation that this business gives back to the City, including 5% of their
profits to the schools. Mayor Russo commented Paine Webber had recently located here
and wanted to contribute to the City. Councilmember Furtado asked that such businesses
be recognized, and that a letter be sent to the four companies in the City that were listed
in the top 250 Fortune 500 companies. Flooding in Westwood Gardens was reported by
Councilmember Furtado, who indicated a report from the Turnpike Authority was being
prepared on this matter. Preliminary reports also indicated the pumps were not turned on
in time. Councilmember Furtado commented the drainage in front of the houses had
worked well, but there were still problems in back yards. Mayor Russo requested reports
on drainage after each heavy rain. Councilmember Sabatello reported he had met with
the City Manager, two staff members, and Rick Chesser to address the landscape issue on
PGA Boulevard and now believed that much of the landscaping could be salvaged. Vice
Mayor Jablin reported the City would host the Shriners Convention in 2005, which
should bring over $5 million to this area. Vice Mayor Jablin announced a workshop
meeting August 20 to discuss the City plaza; it was decided to hold the workshop at 5:30
because of the GNA meeting on the same night. Mayor Russo reported the first meeting
CITY COUNCIL REGULAR MEETING, 8/16/01 2
of the Recreation Advisory Board had been held to discuss the facilities plan and they
would meet again next week. Mayor Russo stressed the importance of addressing the
flooding at Westwood Gardens. The Vice Mayor reported there were future plans to fix
that problem. The City Manager commented the report was available. Mayor Russo
requested a letter of congratulations be sent to Gary Carter, a resident who was recently
admitted into New York Mets Hall of Fame.
CITY MANAGER REPORT:
City Manager Ron Ferris reported staff had researched the "Character First" Program and
their goal is to build character traits and values throughout the community. Goals of the
organization were to establish a Character Council from a broad base throughout the
community, to train supervisors in the character development, and teach department
heads and supervisors to recognize character traits. Results would be shown by the
increase in employee productivity and attendance, improved attitude, and reduction in
workers compensation claims. Estimated cost for the City to initiate this program was
approximately $27,000. Research indicates this needed to be a grass roots movement
within the entire community in order for it to reflect the issues and concerns of the City.
City Manager Ferris indicated that with present budget constraints it might be appropriate
for the City Council to endorse the organization's efforts to establish a community based
character council. Jay Bonner of Church of the Nazarene was present to answer
questions. Dr. Ilene Allgood, representing the Anti Defamation League, indicated she
wanted the City Council to be aware that there were other programs to help build
character, and they would also like an opportunity to serve the City. Councilmember
Furtado commented that the resolution contained nothing religious in nature and she was
proud the City had culture diversity and a broad religious heritage. Mayor Russo thanked
Jay Bonner for bringing this program to the attention of the City.
Public Information Report - The report was included in the packets.
Golf Course Maintenance and Management Request for Proposals - Two proposals were
presented for consideration — Meadowbrook Golf Corporation and City of Palm Beach
Gardens. The Meadowbrook representatives provided a presentation. Councilmember
Furtado questioned what they saw as the current problems with the golf course, to which
the response was limited facilities at the clubhouse, and grass and irrigation problems.
Councilmember Sabatello indicated those items should be submitted to Parks and
Recreation so that dollars could be budgeted, which was echoed by Vice Mayor Jablin.
Discussion ensued about how the estimated income could be realized. The next presenter
was Jack Downey with the City of Palm Beach Gardens. His approach was to use in-
house staff to operate the golf course and promotion of the course through the Parks and
Recreation Department, as well as taking advantage of the City's purchasing power and
use of existing inventory to lower the overhead and be more cost effective. Mr. Downey
recommended looking at the operation annually. Mayor Russo indicated he would be in
favor of in -house operation if money could be saved, with assurance from the City
Manager that staff had the expertise to run the golf course. Discussion ensued.
Councilman Sabatello made a motion to reject the proposal submitted by the management
and maintenance of Palm Beach Gardens Municipal Golf Course and select option
number one. Vice Mayor Jablin seconded the motion. During discussion of the motion,
Councilmember Sabatello indicated he wished to save money and he had faith in staff.
Councilmember Furtado indicated she would have chosen option two. Motion carried by
CITY COUNCIL REGULAR MEETING, 8/16/01 _
3 -1 vote, with Councilmember Furtado opposed. Mayor Russo indicated Meadowbrook
had done an excellent job and the City would welcome them back if the chosen course of
action taken to try to save the residents tax dollars proved to be wrong.
COMMENTS FROM THE PUBLIC:
Pat Hughey, 9120 Reed Drive, addressed the Mayor, expressed her opinion that
residents' concerns were not being heard or appreciated regarding drainage. Mayor
Russo responded to clarify that he had not criticized residents and appreciated comments
from residents, and staff was working on a report of what had been done regarding
drainage.
John Zearley questioned if consideration had been given to contracting canal
maintenance to private parties. City Manager Ferris indicated that was under
consideration.
CONSENT AGENDA:
Councilmember Furtado made a motion to approve the Consent Agenda. Motion was
seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The following items
were approved on the Consent Agenda:
a. Resolution 125, 2001 — Temple Beth David Plat. Consideration of approving the
Temple Beth David Plat.
b. Resolution 112, 2001 — Change Orders for EDA Projects. Consideration of
approving change orders and one additional purchase order for EDA Projects.
C. Florida League of Cities. Consideration of appointing City Manager Ferris as the
Voting Delegate at the business session of the Florida League of Cities 75th
Annual Conference.
d. Truancy Interdiction Program/Field Office. Consideration of renewing the lease
for the Police Department Truancy Interdiction Program/Field Office.
e. Resolution 130, 2001 — Amendment to City Manager's Employment Agreement.
Consideration of an amendment to the employment agreement with the City
Manager.
f. Proclamation — Literacy Awareness Month.
PUBLIC HEARINGS:
Ordinance 25, 2001 — Mayor Russo declared the public hearing open, held on the intent
of Ordinance 25, 2001 for consideration of second reading - An ordinance of the City of
Palm Beach Gardens amending Article IV, "Zoning Districts," of the Land Development
Regulations of the City of Palm Beach Gardens by amending Section 78 -159, "Permitted
Uses, Conditional, and Prohibited Uses," Subsection 0)(66), "Excavation and Fill, and
Borrow Pit Operations" to allow excavation and fill operations as an independent
development order; providing for codification; providing for severability; providing for
conflicts; and providing for an effective date. Staff presentation was provided by Growth
Management Director Charles Wu. Linda Monroe, 4431 Althea Way, asked if
excavation could occur before development. Mayor Russo explained what had happened
at The Isles, and indicated this only applied to approved projects. The City Attorney
advised this ordinance addressed the receiving parcel and the property giving the fill must
be an approved project. Staff clarified the language. Hearing no further comments from
the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a
motion to approve and place on second reading by title only Ordinance 25, 2001 as
CITY COUNCIL REGULAR MEETING, 8/16/01 4
amended. Councilmember Furtado seconded the motion which carried by unanimous 4 -0
vote. The City Clerk read Ordinance 25, 2001 on second reading by title only.
Ordinance 31, 2001 — Mayor Russo declared the public hearing open, held on the intent
of Ordinance 31, 2001 for consideration of second reading — An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for amendments to the
Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations
of the Local Planning Agency and staff; providing for transmittal; providing for
codification in the Comprehensive Plan; providing for severability; providing for
conflicts; and providing for an effective date. Growth Management Director Charles Wu
presented the staff report. Hearing no comments from the public, Mayor Russo declared
the public hearing closed. Vice Mayor Jablin made a motion to approve and place on
second reading by title only Ordinance 31, 2001 as amended. Councilmember Furtado
seconded the motion which carried by unanimous 4 -0 vote. The City Clerk read
Ordinance 31, 2001 on second reading by title only.
RESOLUTIONS:
Resolution 85, 2001 — A Resolution of the City of Palm Beach Gardens, Palm Beach
Gardens, Florida, approving an application from PGA of America for an amendment of a
previously approved Site Plan by granting a waiver from Section 256 of the City's Land
Development Regulations (LDRS), in order to delete portions of the approved sidewalk
on Avenue of Champions, adjacent to the PGA Office Center, as more particularly
described herein, and to delete condition #6 in Resolution 145, 1999, which requires the
applicant to extend its sidewalk from the northern limit of its property to PGA Boulevard;
providing for a waiver. Growth Management Director Charles Wu presented the staff
report. Hank Skokowski, agent for the petitioner, spoke on behalf of the applicant. Phil
Lydden, President of PGA National POA, spoke in support of the applicant.
Councilmember Furtado supported the staff recommendation because of safety. Vice
Mayor Jablin and Councilmember Sabatello supported the applicant's position.
Discussion ensued. Mayor Russo suggested tabling this petition for review by the City
engineering and Police and if they approved, bringing it back as a consent agenda item,
which was the consensus.
Resolution 123, 2001 - — A Resolution of the City of Palm Beach Gardens, Palm Beach
Gardens, Florida, approving a site plan application for "Parcel 20" located within the
Mirasol Planned Community Development, allowing for the development of 70 semi -
custom, zero -lot line, single - family dwelling units, located approximately 1 mile
northwest of the intersection of PGA Boulevard and Jog Road, and as more particularly
described herein; providing for waivers. Principal Planner Karen Craver presented the
staff report. Anne Booth, agent for the petitioner, indicated she was present to answer
questions. City Attorney Rubin read into the record an additional condition: "In
accordance with Condition 7 of Resolution 72, 2000, which is the Resolution approving
Parcel "F ", the City Council hereby approves an alternate configuration of the Recreation
Center parcel as depicted in the Site Plan dated July 12, 2001." Councilmember Furtado
moved approval of Resolution 123, 2001 with the amendment as read into the record.
Vice Mayor Jablin seconded the motion. During discussion of the motion,
Councilmember Sabatello announced he was a homebuilder in Mirasol and this project
and approval did not affect his company in any way. Motion carried by unanimous 4 -0
vote.
CITY COUNCIL REGULAR MEETING, 8/16/01
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ORDINANCES:
Ordinance 26, 2001 — An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of
Palm Beach Gardens by changing the Land Use designation on approximately 7.43 acres
of land located at the northwest corner of Northlake Boulevard and MacArthur
Boulevard, from Mixed -Use to Commercial; providing for transmittal to the Department
of Community Affairs; providing for severability; providing for conflicts; and providing
for an effective date, was presented for consideration of first reading. Growth
Management Director Charles Wu presented the staff report. Hank Skokowski, agent for
the applicant, indicated the applicant planned to withdraw this petition to reapply for an
industrial zoning category, and requested direction from the City Council. Mr. Wu
explained how a mixed -use designation could meet the applicant's needs. Discussion
ensued. The petitioner indicated they would withdraw this petition.
Ordinance 28, 2001 — An ordinance of the City Council of the City of Palm Beach
Gardens providing for an amendment of the City of Palm Beach Gardens Budget for the
Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive;
providing for the repeal of ordinances in conflict herewith; providing for severability;
and, providing for an effective date was presented for consideration of first reading.
Assistant Finance Director Holly Luzader presented the request. Vice Mayor Jablin
made a motion to place Ordinance 28, 2001 on first reading by title only.
Councilmember Furtado seconded the motion. Motion carried by unanimous 4 -0 vote.
The City Clerk read Ordinance 28, 2001 on first reading by title only.
Ordinance 29, 2001 — An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for approval of a conditional use for the expansion of a
temple including the construction of social hall, future sanctuary with a maximum of 275
seats, kitchen and storage facilities, lobby and restroom facilities, expansion of the
educational facilities to accommodate a maximum of 102 students, and future offices, to
be located on a 5 -acre site located on the north side of Hood Road, halfway between
Military Trail and Central Boulevard, at 4657 Hood Road; providing for conditions of
approval; providing for conflicts; providing for severability; and providing for an
effective date was presented for consideration of first reading. Principal Planner Karen
Carver presented the staff report. Vice Mayor Jablin made a motion to place Ordinance
29, 2001 on first reading by title only. Councilmember Furtado seconded the motion.
Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 29, 2001 on first
reading by title only.
Ordinance 22, 2001 - An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens
by changing the Land -Use Designation on approximately 13.5 acres of land, located at
the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to
Commercial; providing for transmittal to the Department of Community Affairs;
providing for severability; providing for conflicts; and providing for an effective date,
was presented for reconsideration. Growth Management Director Charles Wu indicated
the applicant had requested a continuance. Hank Skokowski, agent for the applicant,
voluntarily withdrew the application.
CITY COUNCIL REGULAR MEETING, 8/16/01 6
REORDER AGENDA:
Councilmember Furtado made a motion to reorder the agenda to place the future
annexation item next. Vice Mayor Jablin seconded the motion, which carried by
unanimous 4 -0 vote
ITEMS FOR DISCUSSION:
Future Annexation Areas of Conflict — Growth Management Director Charles Wu
reviewed the future annexation areas of conflict and indicated areas that had always been
on the map. Palm Beach County Commissioner Karen Marcus reported meetings had
been held and resolutions passed by municipalities identifying their boundaries.
Commissioner Marcus requested the City give direction to staff regarding the areas they
desired to annex so this issue could be brought to closure. Continuity, delivery of
services, squaring off boundaries and increasing a municipality's tax base were reasons
given for a municipality to annex certain areas. Juno Beach Mayor Blomquist favored
Juno Beach annexing Captain's Landing development and Hidden Key to square off Juno
Beach and increase their tax base. North Palm Beach Village Manager Dennis Kelly
explained that in 1988 all the cities had agreed on the boundary lines depicted in the map.
Mr. Kelly reported that Lost Tree, Portage Landing, and Hidden Key had then been
included in the North Palm Beach comp plan, and requested Palm Beach Gardens
withdraw their claim to those areas. Mr. Kelly noted North Palm Beach was willing to
give up an area from the railroad track on Northlake Boulevard to the new Walgreen's.
Mayor Russo indicated his direction to staff was to research the history and find what the
City had agreed to, and come back to the City Council with recommendations, so that the
staffs of the cities involved could negotiate. Commissioner Marcus requested
information on the boundaries by October 1. A North Palm Beach resident who had been
present during the original agreement explained that all the cities had passed resolutions
supporting the concept and that was what City staff might find in the records. City
Manager Ferris indicated staff might be able to solidify reasons and make a
recommendation at the October 1 meeting with the understanding it would be presented
to City Council at their October meeting. Mayor Russo requested staff meet with each
City and bring results to the Council before presentation to the County. Commissioner
Marcus indicated her staff would provide the research and requested notification if the
City could not meet the October 1 date so that her office could change the meeting date.
Wetland— Discussion — Growth Management Director Charles Wu requested clarification
from City Council that wetlands could not be substituted for uplands and how to appraise
uplands. It was clarified that appraisals were on the value of the property.
CITY ATTORNEY REPORT:
Proposed Settlement Agreement with Weiss Group, Inc. — City Attorney Len Rubin
explained the terms of the agreement and the cost of the settlement. This would align the
east access to the ball fields and the access to the Weiss School.
Report and Recommendations of Charter Review Committee - Consensus was to bring
this item back at a later meeting.
The City Attorney requested approval for a property owner of lands located in Palm
Beach Garden Estates to sell parcels as single family lots and terminate the unity of title
as set forth in a draft resolution, Resolution 131, 2001. Councilmember Sabatello made a
motion to approve Resolution 131, 2001. Vice Mayor Jablin seconded the motion, which
failed by a 2 -2 vote. Those opposed indicated it was because this had not been on
CITY COUNCIL REGULAR MEETING, 8/16/01
tonight's agenda. Direction to City Attorney Rubin was to place this item on the consent
agenda for next meeting.
ADJOURNMENT:
There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded
by Councilmember Furtado, carried 4 -0, the meeting as a 'oumed at 11:08 p.m.
APPROVAL: _ (, L
MA'YYO' EP R. RUSSO
VICE MAYOR E ABLIN
CHAIRMAN PkO TEM CARL SABATELLO
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COMCILMAN DAVID CLARK
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COUNCILWOMAN LAUREN FURTADO
ATTEST:--
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'CAROL GOLD.
CITY CLERK, - --
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