HomeMy WebLinkAboutMinutes Council 101801CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
OCTOBER 18, 2001
The October 18, 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, and Chair Pro Tern Carl Sabatello. Councilmember David Clark was absent
from the meeting
ATTORNEY- CLIENT SESSION
Mayor Russo closed the public meeting for an Attorney- Client Session. Following the
Attorney Client Session, the public meeting was re- called to order.
PRESENTATIONS:
Vice Mayor Jablin made a motion to move the Proclamation of "United We Stand"
Month for November 2001 to the Consent Agenda. Motion was seconded by
Councilmember Sabatello and carried by unanimous 4 -0 vote.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Volunteer Committee to Assist Staff with Budget Oversight —Ed Sabin and Bud Kneip,
from the business community, and residents Adrian Sallee and Harry Di Cicco were
appointed by consensus to assist staff. Scout Troop 150 was welcomed. Councilmember
Furtado reported projects for I -95 widening and sound walls for both sides would be let
in April. Mayor Russo announced he had attended the MPO meeting along with
Councilmember Furtado and reported a 30 -day postponement had been authorized to see
if the I -95 interchange at Beeline Highway funding could be reallocated for expansion of
the PGA Boulevard interchange and improvement of the Okeechobee Boulevard
interchange. Councilmember Furtado urged the developer and everyone to keep lines of
communication open regarding this issue. Councilmember Furtado requested
information regarding any residents who had been called up for military service.
Councilmember Furtado asked if anything could be done to facilitate another anchor for
Shoppes on the Green since Publix planned to move to Mirasol. This matter was to be
looked into. Vice Mayor Jablin requested time to show David Porter's sketches following
the meeting. Mayor Russo reported he had attended a meeting with Representative
Atwater and Mayors and City Managers from cities he represented, where funding
shortfalls through revenue sharing and education cuts were discussed. The Mayor
reported another community had found it cost effective to dredge all their canals at once
with funding from a 15 -year loan.
CITY MANAGER REPORT:
Public Information Report - The City Manager requested the City Council receive and
file the Public Information Report.
Cultural Arts Coordinator Update — This item was postponed until the full City Council
could be present.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 2
State Revenue Sharing Update — Finance Director Alan Owens provided an update on
this issue. A 6.6% decrease had been announced by the State, which would mean the
City's sales tax revenues would be decreased $164,000; however, the amount budgeted
for municipal revenue sharing would not show a shortfall. Mr. Owens indicated this
issue would be closely monitored and he would come to City Council for any necessary
budget cuts as a result of the shortfall.
City Engineer Dan Clark indicated SFMWD had predicted 4 -5 inches rainfall before
Saturday morning and normal preparations were being made for windstorm events. Mr.
Clark announced DOT would begin construction of the flyover November 4. The City
Engineer indicated he expected to have a bid out for Burns Road on November 1 to be
awarded during the last City Council meeting in November or the first meeting in
December.
Police Chief FitzGerald announced a citywide plan to combat terrorism and that an Anti
Terrorism Committee had been formed. Chief FitzGerald described the increased
security measures for entry and exit at the City's municipal complex, and for people who
handled mail. Security training was also planned for residents and other entities within
the City.
Councilmember Furtado reported a great response from the Police Department to an
incident in her neighborhood. The City Manager announced CPR certification training
for employees and the Council.
COMMENTS FROM THE PUBLIC:
Roger Blangy — Gardens Woods resident Mr. Blangy distributed copies of a letter to the
Council and reported Commissioner Marcus had agreed to have a meeting with all people
involved in his letter.
Joan Elias — Diamond Head Way resident Ms. Elias thanked the City for the party given
for the City volunteers.
Pat Hughey — 9120 Reed Drive, thanked the Police Chief and the City for the anti-
terrorism measures. Ms. Hughey requested that additional dollars not be allocated for a
Cultural Arts Coordinator until the Palm Beach Square neighborhood could be brought
up to a level equal to the rest of the City with a playground or park in that area. Ms.
Hughey asked when and why the approval granted for an in -house City Engineer when
Ms. Herakovich was City Manager had been changed. Ms. Hughey expressed concern
with changing the City's insurance agent. Mayor Russo responded the new agent would
save the City $57,000; that he did not know what could be done about park land in an
area that was built out, but did know dollars could be saved by continuing the RFP and
bid process on everything that was done. Mayor Russo announced if there was a better
way to deliver services to the residents at less cost that was the path that would be
followed.
Paul Cameron - Bent Tree Drive resident Paul Cameron commented regarding the notice
of public meeting for designation for land use for parcels 31.01, 31.08 and 31.11, and
indicated he had spoken to the potential developers and learned that it was not their intent
to build multi - family units; therefore he withdrew his objection.
CONSENT AGENDA:
The City Attorney reported there had been very minor revisions to item (f) and he
requested that the revised agreement be adopted. Growth Management Director Charles
Wu announced that item (d) Resolution 149, 2001 had been pulled. Councihmember
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 3
Furtado made a motion to approve the following items on the Consent Agenda. Motion
was seconded by Vice Mayor Jablin, and carried by unanimous 4 -0 vote.
a. Consideration of approving Minutes from the September 6, 2001 Workshop City
Council Meeting.
b. Consideration of approving Minutes from the September 13, 2001 Regular City
Council Meeting.
c. Resolution 85, 2001 — PGA National Office Center Sidewalk. Consideration of
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 condition of approval; providing for a waiver.
e. Northern Palm Beach County Improvement District. Consideration of authorizing
the Mayor to sign a letter requesting a third gate at the 5 -44 structure on the C -17 canal.
f. Resolution 158, 2001 - Interlocal Agreement- Howell Lane Roadway Improvements
and Annexation. Consideration of approving and executing an Interlocal Agreement
with Palm Beach County to share the costs of constructing Howell Lane roadway
improvements and to annex Howell Lane into the City.
g. Proclamation —Approval of "United We Stand" Month for November 2001.
PUBLIC HEARINGS:
Ordinance 37, 2001 — Mayor Russo declared the public hearing open held on the intent of
Ordinance 37, 2001 - An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, amending Section 3 -53 of the City Code of Ordinances to provide
increased personal leave accruals for the full -time employees assigned a 48 hour work
week; providing for codification; providing for severability; and providing for an
effective date, for consideration of second reading. Director of Human Resources Henry
DuFour presented the ordinance. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Furtado moved approval of
Ordinance 37, 2001 upon second reading by title only. Motion was second by Vice
Mayor Jablin and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 37,
2001 on second reading by title only.
Ordinance 23, 2001 - Mayor Russo declared the public hearing open held on the intent of
Ordinance 23, 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 deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a
parkway link from the Conceptual Linkage Plan that traverses through Parcel 31.01
located at the northwest corner of PGA Boulevard and Central Boulevard; providing for
severability; providing for conflicts; and providing for an effective date, for consideration
of second reading. Growth Management Director Charles Wu presented the proposed
roadway amendment changes. Mayor Russo requested the developer coordinate with
DOT on the turnpike issue within the next 30 -60 days so their project could be designed
around the land that might be designated for an interchange. Attorney John Gary,
representing the WCI, indicated the possibility of an interchange at PGA and the turnpike
had just been learned that day and that this matter should be considered during site plan
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01
review. Mayor Russo advised that also the Central Boulevard, I -95 issue needed to go
forward. Paul Angelo, WCI, indicated the issue in question would be evaluated. Hearing
no further comments from the public, Mayor Russo declared the public hearing closed.
Vice Mayor Jablin moved approval of Ordinance 23, 2001 upon second reading by title
only. Councilmember Furtado seconded the motion. The City Clerk read Ordinance 23,
2001 on second reading by title only.
Ordinance 24, 2001 — Mayor Russo declared the public hearing open, held on the intent
of Ordinance 24, 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 deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a
parkway link from the Conceptual Linkage Plan that traverses through Parcel 31.01
located at the northwest corner of PGA Boulevard and Central Boulevard; providing for
severability; providing for conflicts; and providing for an effective date, for consideration
of second reading. Growth Management Director Charles Wu presented the proposed
roadway amendment changes in the Evergrene project by WCI. Hearing no comments
from the public, Mayor Russo declared the public hearing closed. Councilmember
Furtado moved to approve Ordinance 24, 2001 on second reading by title only. Vice
Mayor Jablin seconded the motion. During discussion of the motion Councilmember
Furtado requested a letter to the City's neighbors stating the Council's definition of
linkages and connectivity. Mayor Russo requested that be done after review of the Traffic
Forum study at the November 18 meeting. The motion carried by unanimous 4 -0 vote.
The City Clerk read Ordinance 24, 2001 on second reading by title only.
Ordinance 20, 2001 — Mayor Russo declared the public hearing open held on the intent of
Ordinance 20, 2001. An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, amending Comprehensive Plan of the City of Palm Beach Gardens by
changing the Land -Use Designation for parcels known as 31.08 and 31.11, totaling
approximately 80.5 acres, located at the northeast and northwest corners of Central
Boulevard and I -95, from Mixed Use to Residential High; providing for transmittal to the
Department of Community Affairs; providing for severability; providing for conflicts;
and providing for an effective date for consideration of second reading. Growth
Management Director Charles Wu presented the proposed change. Henry Skokowski,
agent for the applicant, indicated the conversion would give up commercial potential
which could affect the appraised value of the property; however, the applicant wished to
develop a residential community. Mayor Russo questioned whether if a taking of this
property for an I -95 interchange should occur and the value of this property before
tonight's requested change would have been less whether the applicant would agree to
the lesser dollar amount; to which Mr. Skokowski responded the applicant would agree.
Mayor Russo requested information as to what year the interchange project would take
place. Hearing no further comments from the public, Mayor Russo declared the public
hearing closed. Vice Mayor Jablin moved to approve Ordinance 20, 2001 on second
reading by title only. Councilmember Furtado seconded the motion, which carried by
unanimous 4 -0 vote. The City Clerk read Ordinance 20, 2001 on second reading by title
only.
RESOLUTIONS:
Resolution 148, 2001 —. A Resolution of the City Council of the City of Palm Beach
Gardens, Palm Beach County, Florida, approving an application from Catalfumo
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 5
Development Company for a sign program for Parcel 27.05/27.06 within the Regional
Center Planned Community Development (PCD) near the northeast corner of Kew
Gardens Avenue and PGA Boulevard, as more particularly described herein; providing
for waivers. Growth Management Director Charles Wu presented the project, for which
tonight's request for approval was only for the bank and the office buildings, and the two
retail buildings and the hotel would be considered at a future date. Mayor Russo
indicated he did not want the applicant bringing in requests for more waivers piecemeal
in the future. Mr. Wu noted the following typographical errors: on page 2, section 3,
subsection 1, which should read "Building Office 1" as opposed to "Building Office 2 ";
and subsection 2 should read "Building Office 2" as opposed to "Building Office 1 ". Mr.
Wu indicated the clerk had been given the correct resolution. Vice Mayor Jablin moved
approval of Resolution 148, 2001 with the changes as read into the record by the Growth
Management Director. Councilmember Furtado seconded the motion, which carried by
unanimous 4 -0 vote.
Resolution 145, 2001 — A Resolution of the City Council of the City of Palm Beach
Gardens, Palm Beach County, Florida, approving an application from Forest Lake
Associates, L.C. for approval of an approximately 3,428 square -foot clubhouse, a park, a
guardhouse, and signage located in the San Michele Planned Unit Development (PUD) at
the northwest corner of Central Boulevard and Hood Road, as more particularly
described herein; providing for conditions of approval. Growth Management Director
Charles Wu presented the project. Councilmember Sabatello recalled lengthy discussions
regarding bus stops, stacking, and parents waiting for children, and reported School
Board regulations had changed and he wanted to be sure everyone understood it would
not be as previously discussed. Mr. Wu responded the applicant now proposed an
interior school bus stop to allow children to get on and off the bus out of the Central
Boulevard right -of -way. Henry Skokowski, agent for the petitioner, presented a
rendering of the entrance to the community depicting an ungated turnaround where the
bus could stop. Marketing for the project and the School Board policy was discussed.
Concern was expressed if homes were sold at a price lower than the current marketing if
that would bring too many children so that there would not be room for at the bus stop.
Counsel for the developer reported she had met with the School Board representatives
who had signed off on the plans, and the developer had sold the land to two different
builders who were unlikely to reduce prices. Mayor Russo requested a bus stop shelter
be built into this project when it was 75% complete or the petitioner could come back for
a waiver at that time. The following condition of approval was agreed upon: Prior to
issuance of the certificate of occupancy for the recreation building, applicant shall
provide a covered bus shelter in a consistent architectural style approved
administratively by City staff. Vice Mayor Jablin moved approval of Resolution 145,
2001, with the condition of approval as read into the record by the City Attorney.
Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 153, 2001 - Northmil Plaza Site Plan Amendment to Out - Parcels 2 & 3.
Consideration of approving an amendment to a site plan to provide for the development
of two commercial out - parcels at the Northmil Plaza Shopping Center, as more
particularly described herein; providing for an approximately 4,919 square foot retail
building and an approximately 3,120 square foot drive- through restaurant; providing for a
condition of approval; providing for a waiver. Growth Management Director Charles Wu
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 6
provided an overview of the request. Senior Planner Edward Tombari reviewed the staff
report. It was indicated that the original condition to provide a school crossing guard no
longer applied since the School Board had changed the boundaries. Councilmember
Sabatello requested attention to the median landscaping on Northlake Boulevard. Vice
Mayor Jablin made a motion to approve Resolution 153, 2001 with the following
additional condition: Prior to the issuance of the first building permit for outparcel 3 the
construction plan shall be revised to indicate a sign visible at the intersection of
outparcel number 3 entrance and the main north -south shopping center drive reading Do
Not Block Intersection. Councilmember Furtado seconded the motion, which carried by
unanimous 4 -0 vote.
ITEMS FOR COUNCIL ACTION:
City Manager Evaluation — Councilmember Furtado expressed her opinion that this
evaluation was not the proper format for the City Manager position. Mayor Russo
indicated he had given a score of 5; Councilmember Sabatello had given 4 and 5, and the
City Council expressed their satisfaction with the City Manager's performance. Mayor
Russo answered resident Pat Hughey's question made earlier in the meeting that the
decision regarding the City's engineering was made by the City Manager.
Councilmember Sabatello made a motion to grant a 6% merit increase in pay for the City
Manager. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote.
CITY ATTORNEY REPORT:
RA CO AMO, Inc. Proposed Settlement — The City Attorney presented a settlement
agreement related to the widening of Burns Road in the amount of $35,000.
Councilmember Sabatello made a motion to approve the proposed settlement agreement
with RA CO AMO, Inc. Vice Mayor Jablin seconded the motion, which carried by
unanimous 4 -0 vote.
Clarification of "Conflict of Interest." - The City Attorney reported he had prepared a
memo, which had been distributed, to each member of the City Council. The City
Attorney explained that Councilmembers must vote unless .they had a voting conflict,
phrased by the Statute as inuring to special private gain of a Councilmember, special
private gain of a relative or business associate or principal by whom a Councilmember
was retained. The City Attorney indicated he had provided a number of specific
examples in the memo, and that he would be happy to answer questions before a specific
item came up. Councilmember Sabatello indicated he was still extremely upset over the
article that was in the Palm Beach Post, and questioned the wording "a business
associate ". The City Attorney explained the definition, which was a business partner, a
joint venture, a corporate shareholder of a closely held corporation, or a co -owner of
property. Councilmember Sabatello indicated he would continue to consult the City
Attorney regarding conflicts as he had always done in the past. The City Attorney
advised all members of the City Council to consult him regarding questions on this
matter.
ADJOURNMENT:
There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded
by Councilmember Sabatello, carried 4 -0, the meeting was adjourned at 9:40 p.m.
CITY OF PALM BEACH GARDENS RECAUJ! MEETING, 10/18/01 7
APPROVAL:
VICE
A 3.S WWJ T
CHAIRMAN PRO TEM CARL SABATELLO
(O#UNC4Lmt/A-N DAVID CLARK
HrLvA-,- IA � );i� �,
COUNbLWOMAN LAUREN FURTA'bO
ATTEST
CAROL GOLD -
QITY CLERK