HomeMy WebLinkAboutMinutes Council 041802CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 18, 2002
The April 18, 2002 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 Interim City Clerk called the roll and the following elected officials
were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello,
Councilmember David Clark, Councilmember Joseph R. Russo, and Councilmember Annie
Delgado.
PRESENTATIONS:
TriRail Presentation - Michael Williams, TriRail Transportation Planning Manager,
provided a status report on the TriRail Master Plan, with focus on the Jupiter extension,
which was one of the five projects contained in the master plan.
Proclamation — Recognizing the month of May as "Civility Month" - Mayor Jablin read the
proclamation aloud. Councilmember Clark made a motion to adopt the proclamation.
Motion was seconded by Councilmember Delgado and carried by unanimous vote.
Engraved Paver -Brick Recognizing the Women's Club — Mayor Jablin announced that one
12 "x12" paver in the Municipal Complex plaza had been reserved to commemorate the
General Federation of Women's Clubs 35th anniversary.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Delgado reported the Northlake Boulevard Task Force had met and would
consider utilizing students at FAU to provide renderings, and also announced that HUD
funds would be considered to help with funding. Councilmember Delgado reported she had
sat in on her first Florida League of Cities board meeting and would be sworn in at the next
meeting. Councilmember Delgado reported she had attended a ribbon cutting for Palm
Beach Gardens Executive Suites. Vice Chair Sabatello announced that later in the meeting
he would discuss the Blue Ribbon Committee. Councilmember Clark reported he attended
the MPO meeting, where a TriRail presentation had been made and that MPO was interested
in helping with obtaining a quiet zone. Councilmember Clark commented that the county,
MPO, and other governmental agencies and municipalities were working on a connectivity
project to make conservation areas available to the public, and had requested that the city
participate. Councilmember Clark reported a request had been received from the
Loxahatchee River Management Coordinating Committee for a staff member to attend their
next meeting to discuss issues in the city's comprehensive plan and developments that might
affect the Loxahatchee River and its headwaters. Councilmember Clark invited attendance at
the Relay for Life cancer benefit at Palm Beach Gardens High School. Mayor Jablin
introduced Scott Border, candidate for the School Board, who introduced himself, announced
that this was the first opportunity to elect a School Board member who lived in the City's
district, and presented his campaign platform. Mayor Jablin reported he had attended a tea at
Frenchman's Creek that day where the City had been awarded a $30,000 donation for
exercise equipment for new Fire Station 3 and proposed Fire Station 5.
CITY MANAGER REPORT:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/18/02
Audit Report - Terry Morton, Audit Manager for Nowlen, Holt & Minor presented the audit
report and answered questions from Councilmember Russo.
Status Report Regarding Budget Proposal Fiscal Year 2002/2003 - Finance Director Allan
Owens provided an update of the Budget Report for Fiscal Year 2003.
America's Most Wanted Gypsy Burglars Video Tape - Police Chief FitzGerald introduced
the video and noted the City had received national recognition for apprehending these
burglars. The video was shown to the audience.
First Quarter Crime Report - Police Chief FitzGerald commented on highlights of the report.
COMMENTS FROM THE PUBLIC:
Jack Carouche, 341 Riverside Drive, asked if anything had been done regarding semi truck
traffic on Riverside Drive. Chief FitzGerald responded signs restricting large trucks had
been installed on MacArthur Boulevard, which would be strictly enforced. Cheryl Stewart,
Assistant to the City Manager, and the City Manager reported engineering information for
traffic calming in that area should be received in the Manager's office on Monday and that
Commissioner Marcus had indicated county funding would be available for traffic calming.
CONSENT AGENDA:
Councilmember Clark moved approval of the consent agenda. Councilmember Russo
seconded the motion, which carried by unanimous vote of 5 -0. The following items were
approved on the consent agenda:
a. Consideration of approving Minutes from the April 4, 2002 Regular City Council
Meeting.
b. Resolution 59, 2002 — Mirasol Plat Four -Plat. Consideration of approving the
Mirasol Plat Four -Plat.
C. Resolution 62, 2002 — Utility Easement in favor of FP &L. Consideration of
authorizing the Mayor and City Clerk to execute two Utility Easements in favor of
Florida Power and Light Company relating to the construction of Fire Station No. 3.
d. Proclamation — Recognizing "Municipal Clerks Week ".
RESOLUTIONS:
Resolution 44, 2002 - Art Advisory Committee — Reappointment of two (2) regular
members, one (1) alternate member and the appointment of one (1) regular member and one
(1) alternate member to the Art Advisory Committee of the City of Palm Beach Gardens.
Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 52, 2002 — Public Safety Communications Consortium. Consideration of
committing the City's portion of funds allocated by Palm Beach County Resolution R -2002-
0192 in accordance with Section 318.21(10), Florida Statutes, to The Municipal Public
Safety Communication Consortium (MPSCC) communication project. Councilmember
Clark moved approval of Resolution 52, 2002. Councilmember Russo seconded the motion,
which carried by unanimous 5 -0 vote.
Resolution 54, 2002 — Mirasol Parcel 6. Consideration of providing for the approval of a
Site Plan to allow for the development of 41 semi - custom homes, known as Mirasol Parcel 6,
located within the Mirasol Planned Community District (PCD). Councilmember Sabatello
declared a conflict of interest and state he would not vote on this matter. Staff presented the
project. Staff explained the request and noted changes in the resolution had been made by
correcting four typos and deleting duplicate conditions. Councilmember Clark moved
approval of Resolution 54, 2002 with the deletion of numbered paragraph 3 in section 3 of
the Resolution . Councilmember Delgado seconded the motion, which carried by unanimous
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/18/02 3
4 -0 vote.
Resolution 55, 2002 — Mirasol Parcel 7. Consideration of providing for the approval of a
Site Plan to allow for the development of 38 custom homes, known as Mirasol Parcel 7,
located within the Mirasol Planned Community District (PCD). Councilmember Clark
moved approval of Resolution 55, 2002 with the deletion of condition 3 in section 3 of the
Resolution. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0
vote. Councilmember Sabatello was out of the room during the vote.
Resolution 56, 2002 — Mirasol Parcel 9. Consideration of providing for the approval of a
Site Plan to allow for the development of 36 custom homes, known as Mirasol Parcel 9,
located within the Mirasol Planned Community District (PCD). Councilmember Clark
moved approval of Resolution 56, 2002 with the deletion of condition 3 in section 3 of the
Resolution. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0
vote. Councilmember Sabatello was out of the room during the vote.
Resolution 57, 2002 — Mirasol Parcel 10. Consideration of providing for the approval of a
Site Plan to allow for the development of 26 custom homes, known as Mirasol Parcel 10,
located within the Mirasol Planned Community District (PCD). Councilmember Sabatello
declared a conflict of interest and stated he would not be voting on this matter.
Councilmember Clark moved approval of Resolution 57, 2002 with the deletion of condition
3 in section 3 of the Resolution. Councilmember Delgado seconded the motion, which
carried by unanimous 4 -0 vote.
Resolution 58 2002 — NorthCorp Lot 12 Amendment. Consideration for approval of one
professional office building approximately 4,000 square feet as the first phase of a two -
phased project on Lot 12 of the NorthCorp Planned Community District (PCD), located just
east of the intersection of NorthCorp Parkway and east Park Drive in NorthCorp PCD;
amending Resolution 65, 1992, to reduce the rear buffer of the property. Staff comments
were provided. Councilmember Clark moved approval of Resolution 58, 2002.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Councilmember Clark made a motion to reconsider Resolution 58, 2002. Motion was
seconded by Councilmember Delgado and carried by unanimous 5 -0 vote. Discussion
ensued. Councilmember Clark moved approval of Resolution 58, 2002. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 14, 2002 — Mirasol PCD Amendment to Master Plan - An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and
approving an amendment to the Mirasol Planned Community District (formerly known as
Golf Digest) by amending conditions of approval relating to Park Improvements, CPTED
Principles, Bonding of Infrastructure and Landscaping Improvements; and requiring a
mechanism for rear yard access and reconfiguring a lake parcel at the site, located between
PGA Boulevard and Hood Road, and Florida's Turnpike and the C -18 Canal, as more
particularly described herein; providing for severability; providing for conflicts; and
providing for an effective date — for consideration of first reading. Staff presented the
project. Anne Booth, agent, spoke on behalf of the applicant, and clarified the requirement
for residents to be members of the country club. Councilmember Clark moved Ordinance
14, 2002 be placed on first reading by title only. Councilmember Russo seconded the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/18/02 4
motion, which carried by unanimous 5 -0 vote. The Interim City Clerk read Ordinance 14 on
first reading by title only.
Ordinance 18, 2002 — Temporary, interim or partial closure of streets and other public rights -
of -way - An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
amending section 62 -2, "Obstructions Prohibited," of Article I, "In General," of Chapter 62,
"Streets, Sidewalks and Certain Other Public Places," of The City Code of Ordinances to
authorize temporary, interim or partial closure of publicly dedicated streets and rights -of-
way; providing for codification; providing for severability; providing for conflicts; and
providing for an effective date — for consideration of first reading. The City Attorney
explained the ordinance. Councilmember Clark moved Ordinance 18, 2002 be placed on
first reading by title only. Councilmember Russo seconded the motion, which carried by
unanimous 5 -0 vote. The Interim City Clerk read Ordinance 18 on first reading by title only.
ITEMS FOR DISCUSSION:
Text Amendment Regarding Development West of Urban Growth Boundary - Principal
Planner Steve Cramer requested direction from the City Council regarding a comprehensive
plan amendment to allow development of 5 acres or less in conservation areas with the
purpose of the development to be for conservation only. Councilmember Clark requested
that provisions for trails be included in case it was needed. Direction was to go forward.
CITY ATTORNEY REPORT:
Approval of Payment to RA CO AMO — The City Attorney recommended approval of
payment in the amount of $29,497.00. Councilmember Clark moved approval of the staff
recommendation. Councilmember Russo seconded the motion, which carried by unanimous
5 -0 vote.
Sale of Former Fire Station No. 4 - The City Attorney explained that a deed restriction
required this property be used as a fire station. A prospective purchaser, Mr. Tendrich, had
agreed to pay the appraised value of $210,000, which members of the Council considered
too low. Consensus was to have Mayor Jablin talk to Mr. Ecclestone to see if he would
release the deed restriction and to have a second appraisal done at the City's expense.
Other Updates — The City Attorney assured Councilmember Russo that he was monitoring
the status of a pending lawsuit. The City Attorney provided a status on the proposed change
for special event signage.
BLUE RIBBON COMMITTEE:
Councilmember Sabatello requested a distinction between the GNA group and the Blue
Ribbon Committee. Mayor Jablin indicated the Blue Ribbon Committee would address
specific issues and the makeup would be individuals from all over the City who had expertise
in those issues. Councilmember Delgado reported the GNA was made up of representatives
of homeowners associations to address problems within their neighborhoods, and that
attendance had fallen off. Mayor Jablin explained the Blue Ribbon Committee would target
specific problems and would sunset, and that members of the GNA could also be selected to
serve on the Blue Ribbon Committee. Consensus was to respond back to former
Councilmember Furtado that the Blue Ribbon Committee would be provided with the reports
made by the GNA, and that information would be used as the base for the Blue Ribbon
Committee.
ADJOURNMENT:
There being no further business to discuss, upon motion by Chair Pro Tem Clark, seconded
by Councilmember Russo, carried 5 -0, the meeting was adjourned at 9:53 p.m.
APPROVAL:
MAYOR
VICE MAYOR CARL SABATELLO
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CHAIR PRO TEM DAVID CLARK
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CO CILWOMAN AN# DELGADO
ATTEST:
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INTERIM-;61 -' JCLERK
FORM
813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY,
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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%IIDDII NAME
NAME: OF BOARD. COI N(' II.(' OMMISSIO%.AUIH0RIIY.OR COMM III LE
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1 Ht H)ARD. COUNCIL. COMMISSION. AUI HORITN OR COMMIITEE ON
WHICH I SERVE IS A UNII OF
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COUNTY
NAME OF POLITICAL. SUBDIVISION'':
DATE ON w'HICH VOI F (x'CIIRRFD
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MY POSITION IS:
ELECTIVE O APPOINTIVE
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 112.3143. 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 elect i%e count }, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special pri,ate 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 eo%ernment agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of >our interest in the measure on
which you are abstaining from voting, and
WITHIN 15 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 pri%ate gain. Each local officer also is prohibited from knowingly %oting 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 contlict before makine any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE 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 inhuence'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 ,hould 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 INTEREST
1, `� i/•+'��GLO , 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 �tr �e�eA,y�..x,.J�- �,� .�1" ,i,► -c• , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
OL, Jaa-w P1 PC`c� X' CD " RHO '0 ,
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Date Filed
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 $5,000.
CE FORM 88 • IAI PAGE 2