HomeMy WebLinkAboutMinutes Council 100401CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
OCTOBER 4, 2001
The October 4, 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 in
attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado,
Councilmember David Clark, and Chair Pro Tern Carl Sabatello. Mayor Russo thanked the
firefighters and everyone for their generous donations in the recent boot drive.
PRESENTATIONS:
Swearing in of Newly Hired Police Officers - Police Chief FitzGerald introduced and gave a
brief background for new Police Officers Brian Cullen, Stacy Clayton, and Paul Rogers.
Trinity Church Girl Scout Troop — Mayor Russo presented a plaque to Cadet Troop
1024, and a representative of the troop presented a donation to be included in the City's donation
to be sent to New York.
Teamwork Awards - Teamwork awards were presented to Tim Casher, Christy Murphy, Tim
Jordan, and Henry McKenzie.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
The Mayor reported on a meeting with representatives of the clergy regarding preparation for
terrorist events and helping residents deal with the current tragedy. Councilmember Furtado
suggested that the GNA and Code Enforcement could be utilized to help residents whose jobs
were affected. Councilmember Furtado proposed that a team of residents and representatives be
appointed to deal with the drainage situation. Councilmember Sabatello reported Seacoast
Utilities had stepped up security to protect the City's water supply. Vice Mayor Jablin reported
the Police were alert for anything unusual. The Mayor announced that at the next meeting he
would appoint a Budget Committee, and that he and the City Manager had discussed funding the
City might not receive because of the September 11 tragedy. Mayor Russo favored delaying the
recreation bond referendum until a regularly scheduled election. The Mayor requested
clarification from the City Attorney regarding Councilmembers voting or abstaining from voting.
The Mayor requested that annexation be presented at a future meeting. Consensus was given for
the Mayor to write a letter recommending Joel Channing to the Treasure Coast Regional
Planning Council.
CITY MANAGER REPORT:
The City Manager reported FDOT would allow all the existing trees to remain in the PGA
Boulevard medians. Finance Director Allen Owens presented options for the grant writer
position, which were expanded upon by various staff members. Consensus was to make this an
in -house position with monitoring so that if this approach was found not to be working it could
be reviewed and re- addressed. The Vice Mayor requested reconsideration of a full -time cultural
arts director. Discussion ensued. The entire Council did not support a full -time position;
therefore, staff was directed to bring this matter back to the Council at their next meeting to
consider increasing hours starting in January. The Human Resources Director reviewed his
department's staffing level. Ellen Finnerty indicated she had received a report from the Human
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01 2
Resources Director regarding staffing, and stated she supported eliminating one position. Hoyt
Owens, Public Works Director, clarified the stormwater budget. The Finance Director reviewed
the budget for engineering. The City Manager announced a quarterly report would be presented
to the Council to keep engineering costs on track. Councilmember Furtado requested the same
type of report on the golf course. Alternative service delivery methods were to be researched by
staff.
COMMENTS FROM THE PUBLIC:
Roger Blangey, Garden Woods, read aloud a letter regarding an MPO meeting on a Tri-Rail
station in Palm Beach Gardens. Discussion ensued. Councilmember Furtado indicated she
would make sure Mr. Blangey received a copy of the FDOT letter that indicated his was
proposing was not safe.
Terence Brady, Lacey Oak Drive, requested annexation of Garden Oaks into the City.
Linda Monroe, Althea Way, reported she had attended the North County Traffic Forum,
indicated her support for connectivity, and requested the Thoroughfare Protection Map be
changed to remove the east -west connection through The Isles. Growth Management Director
Charles Wu indicated staff would provide a traffic forum status update at the November 1
meeting, and that the Evergreen plan had a green light with DCA.
Midge Lansat, Eagleton Lane, announced a program had been established in the City offering
counseling services, performing arts, mental health services, and educational classes at
community center prices, and invited everyone to attend a creative arts performance.
CONSENT AGENDA:
Councilmember Sabatello requested item (g) be pulled since his company was under contract to
purchase that pod. Councilmember Sabatello advised item 0) did not pertain to him as a
homebuilder in Mirasol so he would be voting on that item. Growth Management Director
Charles Wu announced that items (f) and (i) had been pulled. Councilmember Clark made a
motion to approve the Consent Agenda less items (g), (f), and (i). Vice Mayor Jablin seconded
the motion, which carried by unanimous 5 -0 vote.
a. Consideration of approving Minutes from the August 16, 2001 Regular City Council
Meeting.
b. Consideration of approving Minutes from the September 4, 2001 Regular City Council
Meeting.
c. Resolution 146, 2001 - Chatsworth (Devonshire) Nursing Pavilion Expansion. Consideration
of approving an amendment to a site plan for the expansion of an existing nursing home
facility located on Lots 1 and 2 of the PGA Commerce Park within the PGA National
Planned Community Development, as more particularly described herein, providing for 56
additional beds and approximately 64,955 additional square feet; providing for conditions of
approval; providing for a waiver.
d. Resolution 154, 2001 - Engineering Services. Consideration of approving the Engineering
Agreement with Lindahl, Browning, Ferrari and Hellstrom, Inc.
e. Local Law Enforcement Block Grant. Consideration of approving a transfer of funds from
the FY 2001/02 Police Department operating budget to a police grant fund to provide
matching funds in the amount of $3,191.00 for a Local Law Enforcement Block Grant award
totaling $28,721.00.
h. Resolution 151, 2001 — Consideration of approving a tennis professional and tennis pro shop
agreement with Brenda Engle; authorizing the Mayor and City Clerk to execute the
agreement on behalf of the City.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01 3
j. Resolution 155, 2001 — Consideration of authorizing the Mayor and City Clerk to execute a
joinder and acceptance to a quit -claim deed within the Mirasol PCD.
k. Subgrant Application for Highway Safety Funds Consideration of approving a Subgrant
Application for Highway Safety Funds through the Florida Department of Transportation
Safety Office for the fiscal year 2001/2002.
Pulled from Consent Agenda:
g. Resolution 150, 2001 — BallenIsles Pod 21 Plat. Consideration of approving the BallenIsles
Pod 21 Plat. Councilmember Clark made a motion to approve Resolution 150, 2001. Motion
was seconded by Councilmember Furtado. Councilmember Sabatello had announced he would
not vote on this matter because of a conflict of interest. Motion carried by unanimous 4 -0 vote.
PUBLIC HEARINGS:
Ordinance 35, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 35, 2001 —An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, rezoning 9.32 acres of land on the north side of PGA Boulevard, immediately east of the
C -18 Canal, as described herein; amending the City of Palm Beach Gardens Official Zoning
Map; approving a Master Plan for the FPL Ryder Substation; providing for conditions of
approval; providing for waivers; providing for conflicts; providing for severability; and
providing for an effective date, for consideration of second reading. Growth Management
Director Charles Wu reviewed changes since first reading as reflected in the revised ordinance.
Attorney Ray Royce, representing the petitioner, requested the application including all
submitted materials, the staff report dated September 20, 2001 and the record of the September
13, 2001 City Council meeting be made a part of the record. The City Attorney verified all those
items were a part of the record. Henry Skokowski, representative for the petitioner, answered
questions regarding additional poles. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance
35, 2001 on second reading by title only. Vice Mayor Jablin seconded the motion, which carried
by unanimous 5 -0 vote. The City Clerk read Ordinance 35, 2001 on second reading by title only.
RE -ORDER AGENDA:
Councilmember Clark made a motion to reorder the agenda to move Resolution 148 to follow
Item for Discussion (a). Vice Mayor Jablin seconded the motion, which carried by unanimous 5-
0 vote.
RESOLUTION:
Resolution 147, 2001 — Consideration of reappointing two regular members to the Art Advisory
Committee. Vice Mayor Jablin made a motion to approve Resolution 147, 2001 with the names
David Porter and Karen Hackman inserted. Councilmember Clark seconded the motion but
indicated he would like David Miller to be involved. The Vice Mayor stressed the importance of
continuity, but invited Mr. Miller to attend the committee meetings and indicated he would be
considered at the next vacancy. Motion carried by 5 -0 vote.
ORDINANCES:
Ordinance 3, 2001 — Consideration of an ordinance of the City Council of the City of Palm
Beach Gardens, Florida, amending the Code of Ordinances by repealing Division 4 of Chapter 2,
Article IV, entitled "Alternate Procedure for Enforcement" in its entirety, and creating a new
Division 4 entitled "Code Enforcement Citation Ordinance;" providing for rules for construction;
providing for authority of Code Enforcement Officers; providing for procedures for issuance;
providing for penalties; providing for County Court Jurisdiction; providing for provisions
supplemental; providing for fine schedules for Code Enforcement citations; providing for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01 4
severability; providing for conflicts; providing for codification; and providing for an effective
date, for consideration of first reading. Staff presentation was made by Code Enforcement
Administrator Kelvin Wise. Councilmember Clark made a motion to place Ordinance 3, 2001
on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 3, 2001 on first reading by title only.
ITEMS FOR DISCUSSION:
Regional Center Notice of Proposed Change - Discussion of proposed amendments to NOPC to
the Regional Center Development of Regional Impact. Dodi Glas, representing the petitioner,
requested direction and addressed issues raised at the last meeting. The petitioner proposed to
limit retail conversion that would be done through the conversion matrix to just parcels west of
the water management tract, east of Alternate AIA, referred to as the Menin area; and to
eliminate 25,000 square feet of retail on PGA Boulevard on Parcel 27.05 and add that to the
Menin site to be designated retail/office/hotel. The remaining 25,000 retail on PGA Boulevard
on Parcel 27.06 would be restricted by a land use covenant to very specific types of land use if
La -Z -Boy went away. This would totally eliminate any residential south of Gardens Parkway,
and residential would be included in the conversion matrix. The petitioner proposed passive
open space adjacent to the east -side of the water management tract. Dan Catalfumo reviewed the
proposals on the site plan. Attorney John Gary presented proposed restrictive language
involving La -Z -Boy, and Mr. Catalf nno reviewed the proposed square footages and usage.
Developer Craig Menin described their proposed city center project which was made up of a mix
of day and night uses, and discussed the involvement of Cobb theatres. Discussion ensued. A
total of 4 -1/2 acres was proposed for community use. Mayor Russo invited public comment.
Rick Warner, Raintree Lane, questioned the City's policy regarding developing Legacy Place
and the Menin project at the same time. Mr. Warner indicated his second client, the developers
of the Gardens Corporate Center 3801 Building, had designed a signature office building and
relied on that being a part of a corporate office park, to provide high -end jobs, which was now
being changed to predominately retail. Mr. Warner indicated they had been able to maintain the
type of tenant desired by the City, that the six acres should be a cultural site, and indicated a
second DRI amendment for a driveway, if needed, should be incorporated into this project. Mr.
Warner indicated his client did not receive adequate notice of this meeting. Mr. Warner
commented the neighborhood center had a 100% capture rate and recommended this project be
re- reviewed by DCA and Treasure Coast Regional Planning Council. Mr. Wu confirmed a
second DRI amendment would be needed but Mr. Mennin had elected not to include it in this
change. Linda Monroe indicated if two people had the land use, each had the right to develop.
The City Attorney advised that the City Council did not have to approve the proposed shifts and
thereby could control the character of the DRI. Ms. Monroe read a description of the originally
proposed park that was to have been 20 acres and questioned where those acres were located.
Ms. Glas clarified the location of the 20 -acre park, which included the water management tract
and surrounding property and that their park acreage was in addition to that 20 acres. Mayor
Russo expressed concern that the changes might change the character of the original intent. The
Vice Mayor questioned whether the original types of recreational uses in the ADA document
were still viable. Kevin Mottlowitz, representing the Legacy Place developers, expressed
opposition to the NOPC pertaining to the Downtown at the Gardens project, since it was his
opinion that the market could not support simultaneous head -on retail developments.
Councilmember Furtado expressed concern with the animosity of the neighbors. Three
members of the City Council indicated they were in favor of moving forward. Councilmember
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01 5
Sabatello agreed, but stated he believed a retailer who had had approval for some time and
elected not to start should not stop other projects from going forward, and expressed concern
with the quality of the Menin parcel. Mayor Russo commented he was not sold on the six acres
or on what Menin was going to do. The Mayor requested that Mr. Menin and Mr. Catalf nno
meet with their neighbors and City staff, and bring this back at a later date. Ms. Glas indicated
they wanted to bring Menin and the NOPC to the City Council simultaneously, with which the
Council concurred. The Vice Mayor indicated he would like to continue his work on the cultural
aspects of this project, and would include people such as Ms. Monroe. Consensus of the Council
was for the Vice Mayor to continue this work.
MUNICIPAL COMPLEX:
Architect David Porter presented a concept of placing a band shell in the City Hall plaza to bring
more activities into that area, which would have the appearance of a piece of sculpture. Mr.
Porter indicated sculptures were to be placed near Military Trail.
CITY ATTORNEY REPORT:
Request for Shade Meeting — A meeting was tentatively scheduled for October 18, 2001 on the
Suffolk matter.
ADJOURNMENT: There being no h bu ' ess to discuss, upon motion by
Councilmember Sabatello, seconded by C X m e ark, carried 5 -0, the meeting was
adjourned at 11:30 p.m.
APPROVAL:
CHAIRMAN PRO EM CARL SABATELLO
UNCILMAN DAVID CLARK
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COUNCILWOMAN LAUREN FURTADO
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CAIOL GOW
CIT�;CLERK
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY POSITION IS:
ELECTIVE O APPOI \TIVE
WHO MUST FILE FORM 88
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 112.3113. Florida Statutes.
Your responsibilities under the law when faced with 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 ;he reserse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
.A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private Main. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b% publicly stating to the assembly the nature of %our interest in the measure on
which you are abstaining from votin¢; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before makine am. attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO `LAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE :MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should 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.
• A copy of the form tihould be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should 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 should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S 1 REST
hereby disclose that on
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
by whom I am retained.
1
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Date Filed Signat
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 55,000.
CE FOR %4 MB - 1 41 PAGE 2
D-'v '�' too
Date Filed Signat
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 55,000.
CE FOR %4 MB - 1 41 PAGE 2