HomeMy WebLinkAboutMinutes Council 110101CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
NOVEMBER 1, 2001
The November 1, 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 Tem Carl Sabatello.
ANNOUNCEMENTS:
Mayor Russo commended the students of Palm Beach Gardens Elementary School for
their recent presentation on patriotism.
PRESENTATIONS:
Joel Brier, Executive Vice President of Professional Firefighters and Paramedics of Palm
Beach County, thanked the residents and City administration for their contributions in the
recent boot drive for 911 victims, which was the highest total collected by any of the
participating cities.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Councilmember Furtado reported a recent article regarding a resident with cerebral palsy
who was a tennis player and helped handicapped children, and expressed her opinion that
this resident should be recognized for her accomplishments. Councilmember Furtado
indicated the Department of Defense had advised against placing individual names of
those serving in the armed forces on a banner but recommended a general banner
recognizing that many City residents were serving. Vice Mayor Jablin reported residents
Joan and Bernie Elias had lost their 17 -year old granddaughter in a tragic accident. The
Vice Mayor announced there were 18 new banners in the Municipal courtyard, which
would be juried and an award made at the November 8 Music and Arts in the Garden
program. The Vice Mayor had designed three new red, white and blue banners that were
also displayed. Mayor Russo reported he had attended the meeting of the Recreation
Advisory Board. A site analysis and needs assessment was done and the District Park was
discussed. A meeting will be scheduled with the County. Mayor Russo requested a thank
you letter be sent to PGA National Resort for accommodating an event for the School
Board. Mayor Russo reported the turnpike interchange was proceeding. Councilmember
Furtado advised that if the interchange happened the new entrance would be located
directly across from the entrance to BallenIsles on the north side of PGA Boulevard.
CITY MANAGER REPORT:
Gardens' Parkway Alignment - City Engineer Dan Clark reported that in an attempt to
ease traffic a new alignment was proposed to the south which would require either a
taking or purchase of approximately 115 acre of land. Councilmember Sabatello said if
there was a cost to the City, it needed to be known as soon as possible. Mr. Clark
reported work on PGA Boulevard might not begin until January 1, but that had not yet
been confirmed by DOT. Mr. Clark announced that tropical storm Michelle was south of
Cuba but the true track was not yet known. He estimated Palm Beach Gardens could
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11 /l /O1
receive 3 -12 inches of rain. In a response to a Council question, Mr. Clark reported water
was not being dumped from the lake.
Cultural Arts Coordinator Update — Jack Doughney indicated staff recommendation was
to increase the hours for the current part-time position from 20 to 30, using the additional
10 hours for developing a sponsorship program for support of the arts to fund new
programs. Cost to the City would be $7,789 and the position would be upgraded from a
Specialist to a Coordinator. Mr. Doughney indicated that the funds were already
budgeted. Consensus was to proceed with this proposal.
COMMENTS FROM THE PUBLIC:
Bob Kaplan, 102 Windward Drive, expressed his opinion that the Planning and Zoning
Commission had not handled a recent application properly since he was only given 3
minutes to speak, which was not sufficient time to make the points necessary for
modifications to a PCD. Mr. Kaplan indicated the Commission had completely missed
the point because all their questions had been regarding the view and screening from
PGA Boulevard and never from the point of view of how it would affect the 1,500
residents within the PCD. He reported staff had done an excellent job in their
presentation, but the Commission needed a lot of help because there was issue after issue
where they did not ask the appropriate questions. Mayor Russo requested that
Councilmember Sabatello, as liaison, and City staff work with the Board.
Councilmember Sabatello said there were several new people on the Commission and it
took time for them to come up to speed.
Pat Hughey, 9120 Reed Drive, thanked the City Council for the excellent terrorism
program and the effort to unite the community through Gardens United.
CONSENT AGENDA:
City Attorney Len Rubin requested item 0) be pulled from the agenda. Councilmember
Furtado commented regarding the EMS grant, item (f) Resolution 160, and requested that
staff stress the importance of this program. Fire Chief Bergel explained that this program
had been piloted by the City's firefighters. Councilmember Clark moved approval of the
Consent Agenda with the exception of item 0). Vice Mayor Jablin seconded the motion.
During discussion of the motion, regarding item (e), Councilmember Sabatello stated he
was a home builder in Mirasol but had no involvement with the clubhouse and it would
not directly benefit him. The motion carried by unanimous 5 -0 vote.
a. Consideration of approving Minutes from the October 4, 2001 Regular City Council
Meeting.
b. Vehicle Towing Service Contract Extension. Consideration of extending the current
contract with Kauff's Towing for a period of 60 days.
c. Burns Road Improvements Conduit Installation — Change Order. Consideration of
approving a Change Order for $17,571.94 to D.S. Eakins Construction.
d. Resolution 157, 2001 - Golf Professional Contract. Consideration of approving a
Golf Professional Agreement with Steve Russell and authorizing the execution of the
agreement.
e. Resolution 159, 2001 - Mirasol Clubhouse, Phase 2. Consideration of approving a
Site Plan to allow for the development of an approximately 65,400 square -foot
clubhouse, tennis and pool facility in addition to the previously approved 16,102
square —foot teaching facility and cart barn, located within the Mirasol PCD, as more
particularly described herein; providing for waivers.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/1/01
f. Resolution 160, 2001 — E.M.S. Grant. Consideration of authorizing execution an
application for funds through the Florida Department of Health Bureau of Emergency
Medical Services Matching Grant and to enter into an agreement for the State of
Florida Emergency Medical Services Fund Monies.
g. Resolution 161, 2001 — "Zoning in Progress "/North Lake Boulevard. Consideration
of extending "Zoning in Progress" for real properties within the City that abut
Northlake Boulevard between Military Trail and U.S. Highway One for nine months
from December 1, 2001, to August 31, 2002; providing for notification to the public.
h. Resolution 163, 2001 - Costakos Plat. Consideration of approving the Costakos Plat.
i. Resolution 164, 2001 - P.G.A. Speedway Plat. Consideration of approving the
P.G.A. Speedway Plat.
k. G.I.S. Proclamation.
PUBLIC HEARINGS:
Ordinance 3, 2001 — Mayor Russo declared the public hearing open held on the intent of
Ordinance 3, 2001 - 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 severability; providing for conflicts; providing for
codification; and providing for an effective date, for consideration of second reading and
approval. Kelvin L. Wise, Code Enforcement Administrator, gave the staff presentation.
Councilmember Furtado commented that Mr. Wise had solved many code enforcement
issues for the City. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Councilmember Clark made a motion to approve Ordinance 3,
2001 on second reading by title only. Councilmember Furtado seconded the motion,
which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 3, 2001 on second
reading by title only.
Ordinance 33, 2001 - Mayor Russo declared the public hearing open held on the intent of
Ordinance 33, 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 based on the recommendations of the Local Planning Agency and
staff; amending Policy 1.1.5.8 of the Future Land Use Element to remove a date certain
for non - conforming uses; providing for transmittal; providing for codification in the
Comprehensive Plan; providing for severability; providing for conflicts; and providing
for an effective date, for consideration of first reading. Growth Management Director
Charles Wu provided the staff presentation for Ordinance 33, 2001, and Ordinance 34,
2001. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Councilmember Clark made a motion to place Ordinance 33, 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 34, 2001 on first reading by title
only.
Ordinance 34, 2001 — Mayor Russo declared the public hearing open held on the intent of
Ordinance 34, 2001 - An ordinance of the City Council of the City of Palm Beach
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11 /l /01 4
Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of
Ordinances by amending Chapter 78, "Land Development," Article VI,
"Nonconformities," Sections 78 -711, 78 -714, 78 -715, 78 -716, 78 -717, 78 -718, and 78-
719; providing for the removal of all language referencing a date certain with which
nonconforming uses, lots, structures, and premises must become conforming or be
removed; providing for conflicts; providing for severability; providing for codification;
and providing for an effective date, also for consideration of first reading. Mayor Russo
indicated that the previous comments by Mr. Wu were incorporated into this hearing.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Clark made a motion to place Ordinance 34, 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 33, 2001 on first reading by title only.
RESOLUTION:
Resolution 156, 2001 — A resolution of the City Council of the City of Palm Beach
Gardens, Florida, supporting the results of the Northern Palm Beach County Traffic
Summit conducted in the City of Palm Beach Gardens on March 30 and 31, 2001.
Councilmember Clark made a motion to approve Resolution 156, 2001. Vice Mayor
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 39, 2001 — An ordinance of the City Council of the City of Palm Beach
Gardens, providing for the approval of an application from Tenet South Florida Health
System for an amendment of a previously approved Planned Unit Development
(Ordinance 35, 2000) for Palm Beach Gardens Medical Center, located at the Southeast
corner of Burns Road and Gardens East Drive, as more particularly described herein; to
grant a waiver from Section 78 -446 of the Land Development Regulations, and allow for
issuance of a building permit prior to Plat recordation and to allow for additional time to
submit a Public Facilities Agreement; providing for conditions of approval; providing for
a waiver; providing for severability; providing for conflicts; and providing for an
effective date, for consideration on first reading. Growth Management Director Charles
Wu gave the staff presentation. Councilmember Furtado requested that consideration be
given to surrounding residents during construction. Councilmember Clark made a
motion to place Ordinance 39, 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 39, 2001 on first reading by title only.
ITEMS FOR COUNCIL ACTION:
Councilmember Furtado asked if the Council agreed with building stormwater consensus;
response was that it would be considered after the report had been received.
CITY ATTORNEY REPORT:
Litigation Report - The City Attorney advised that the litigation report provided for the
Council's information had not significantly changed since the prior month.
Settlement Agreement with Weiss Group, Inc. (Order Taxing Costs) — The City Attorney
reported the agreement had not included expert witness fees; therefore negotiated
amounts for expert witness fees were being presented for consideration of approval.
Councilmember Clark made a motion to approve the City Attorney's recommendation.
Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11 /l /01 5
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilmember Clark,
seconded by Vice Mayor Jablin, carried 5- 77Jing as adjourned at 8:00 p.m.
APPROVAL: --
SABATELLO
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DAVID CLARK
COUNCILWOMAN L`AU*EN FURTADO
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CAROL GOLD
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