HomeMy WebLinkAboutMinutes Council 030305CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
March 3, 2005
The March 3, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:03 P.M. in the Council Chambers of the Municipal
Complex, located at J0500 Nortll Military Trail, Palm Beach Gardens, Florida, by Mayor
Eric Jablin, and opened with the pledge of sllegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado,
Councilmember Levy, and Councilmember Valeche.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported the Taste of the Gardens event had been wonderful.
Councilmember Levy described how geologists could help the environment and that was the
type of business he would like to bring to the City under the value added employment
program. Vice Mayor Russo agreed that the Taste of the Gardens event just got better and
better, and requested a letter of appreciation be sent to the Channings. Vice Mayor Russo
publicly thanked the staff for their presentation to the county, but commented as long as the
county was in the lead on Scripps they would not allow it to be in any jurisdiction except the
county, and he believed this was a dead issue. Vice Mayor Russo felt the State should be
notified that the City wished to withdraw their amendment to the comprehensive plan. The
City Attorney indicated proper procedure would be to provide notice that this would be
placed on an agenda. The Vice Mayor requested this matter be placed on the next agenda.
Councilmember Delgado made a motion to rescind Ordinance 4, 2005, Ordinance 7, 2005
and Ordinance 9, 2005. Vice Mayor Russo stated he wished to re -hear, not rescind. The City
Attorney recommended these be placed on an agenda and that public notice be given to
everyone who received the prior notice. It was requested this be placed on the next agenda.
Discussion ensued regarding sending notice to every resident in the City. The Vice Mayor
expressed his opinion everyone who spoke at the last meeting should be notified. Vice
Mayor Russo moved the three ordinances be placed on the next agenda for purposes of
discussion of withdrawal. Councilmember Delgado seconded. Growth Management
Administrator Charles Wu advised there was not time to get notices out before the next
meeting, and clarified that the ordinances in the motion were Ordinance 4, land use text
amendment; Ordinance 7, map amendment; Ordinance 9, conservation element, and the one
excluded was Ordinance 8. Vice Mayor Russo requested this be a discussion item at the
beginning of the meeting. Councilmember Valeche requested staff review the whole process
of how the economic development initiatives were developed. Vice Mayor Russo felt this
was an item for another time. It was clarified that no staff presentation would be made, that
this was to be a discussion item. Following further clarification of the options available,
Councilmember Valeche again requested a presentation on two ordinances 4 and 9. The vote
on the motion carried by a 4 -1 vote with Councilmember Levy against. Vice Mayor Russo
asked that the Council Chambers not be used for expressing personal views or political
attacks, and the City Attorney advised that the Mayor could set those parameters.
Councilmember Delgado expressed agreement. Vice Mayor Russo made a motion not to
hear political comments. Motion was seconded and carried by unanimous 5 -0 vote. Vice
Mayor Russo asked Finance Director Owen how much taxes had increased over the last
three years. The Finance Director responded that taxes had gone down about 4% over the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/3/05
last three years. Councilmember Valeche commented that Ms. Irwin and Ms. Wong had
made incredibly commendable presentations before the county, with which Mayor Jablin
expressed agreement.
CITY MANAGER REPORT:
City Manager Ron Ferris reported that the cost of the brochure mailed out to residents
regarding Scripps cost approximately $13,000.00.
PUBLIC COMMENTS
Tom Sosey, Bent Tree, expressed concern that staff had indicated they could not respond to
residents of Bent Tree regarding nearby projects because everyone was tied up with the
Briger tract. Mr. Sosey asked the number of Growth Management employees a year ago
compared with now, and the dollar difference, and if people were employed to deal with
Briger when they would be let go, and requested an answer at the next Council meeting. Vito
DeFrancesco, Shady Lakes, indicated he had presented proof two weeks ago that City laws
were being broken regarding concurrency and destroying uplands, and commented regarding
the amount preserved on the Borland Center project. It was asked that this be brought back at
the next meeting. John Chaplik, Hudson Bay Drive, thanked Mayor Russo and staff for a
terrific presentation to the county, and stated he was proud to be a resident of the City.
Carolyn Chaplik, Hudson Bay Drive, commented she was upset about the transmittal to
DCA discussion and suggested waiting for the DCA response and asked not to withdraw any
of the transmittals. Janet Steinger indicated she had asked for the material submitted to
Tallahassee and still had not received it, and also stated that residents had requested
transmittals not be made until Scripps decided they wanted to go on the Brigger site, and
asked the Council to think about the money that would be wasted by transmitting. Ms.
Steinger expressed her opinion that mixed use in residential areas would bring down what
Council had worked for. Joan Elias, Diamond Head Way, supported Ms. Chaplik's
comments and commented the Briger site was not just being discussed for Scripps, and the
City had very little land left for economic development and could not continue to rely on
property tax for the City's tax dollars, and expressed her opinion the Council would do what
was best for the whole City, not just a small portion. Tony Oliva, 3880 Begonia Street,
commented promises to cut swales in his area had not been kept by the City and runoff was
going into the Erman River and portions of the river had collapsed, and the next flood could
be disastrous and he would like the old neighborhoods taken care of. Mayor Jablin asked him
to contact the City Manager regarding this issue and if he did not get satisfaction to come
back to City Council. City Engineer Todd Engle spoke with Mr. Oliva to begin the process.
City Manager Ferris indicated there was a 5 -year improvement program in place. Steve
Barnes, Shady Lakes Circle, asked City Council to mend fences with the County
Commissioners. Mr. Barnes wanted questions answered that he had asked regarding the
Briger project and how much taxpayer money was spent before council approval, stated he
resented that a Jupiter Councilmember came and made a presentation for the Town of
Jupiter, and expressed his opinion the amount of money spent on the traffic study was
understated. Julia Byrd commented she had received a recorded message from Karen Marcus
endorsing Eric Jablin for election using the City sound system. City Manager Ferris
commented no such phone call was made from City Hall, and he would look into this.
Councilmember Delgado commented she received the same phone call at her home from the
same number, 799 -4158, which was a City number, and requested the City Attorney look
into this. Sherry Sudder, Gardens Woods, reported a house in her neighborhood was going to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/3/05 3
be purchased by a for profit organization, and Councilmember Delgado had made a phone
call to stop the sale after City staff had indicated nothing could be done, and wanted to know
how the City could make sure this did not happen. Richard Sudder, Fir Street in Garden
Woods, expressed gratitude to Vice Mayor Russo and Councilmember Delgado for their help
in the situation his wife had described. Howard Rosenkranz, Princewood Lane, applauded
Vice Mayor Russo for bring up rescinding the transmittal of ordinances since Scripps was
not coming here, and asked that the public be notified regarding what was going to be done.
Pat Hughey, Reed Drive, commented she lived in the oldest section of town and her swale
had been done. Ms. Hughey asked that those fighting for our freedom be thanked, and
commented that the Vavrus property was going to be very important, and she would be
submitting items to the City Manager that she would like discussed. Ms. Hughey thanked the
City for the volunteer recognition.
CONSENT AGENDA
Vice Mayor Russo made a motion to approve the consent agenda. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote. The following item was
approved on the consent agenda:
a. Approve Minutes from the February 3, 2005 regular City Council meeting.
PUBLIC HEARINGS:
Part I — Quasi - judicial - Mayor Jablin reviewed quasi-judicial procedures. The City Clerk
swore in all those intending to offer testimony in any of the quasi-judicial cases.
Resolution 28, 2005 — Frenchman's Creek Turf Maintenance Facility. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment
petition of Land Design South, agent for Frenchman's Creek Inc., for the Turf Maintenance
Facility at the Frenchman's Creek Planned Community Development (PCD), located East of
Alternate AIA, South of Donald Ross Road, and North of Hood Road, as described more
particularly herein; providing for waivers; providing for conditions of approval; and
providing an effective date. The City Clerk read Resolution 28, 2005 by title only.
Senior Planner Brad Wiseman presented the staff report. Mayor Jablin declared the public
hearing open and called for ex -parte communication, of which there was none. A
representative of Land Design South answered questions on behalf of the petitioner. Hearing
no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy moved adoption of Resolution 28, 2005. Motion was seconded and
carried by unanimous 5 -0 vote.
Resolution 29, 2005 - First National Center Sign Waiver. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a waiver from City Code Section 78-
285, Permitted Signs, to allow for the installation of a tenant sign above the second floor line
on the West elevation, of the First National Center at Parcel 27.03, within the Regional
Center Development of Regional Impact (DRI), as more particularly described herein;
providing for a condition of approval; and providing an effective date. The City Clerk read
Resolution 29, 2005 by title only. Senior Planner Brad Wiseman presented the staff report.
Mayor Jablin declared the public hearing open and called for ex -parte communication, of
which there was none. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Delgado made a motion to approve Resolution 29,
2005. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote.
CITY MANAGER
City Manager Ferris reported the number that had been shown on caller identification when
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/3/05 4
the calls from Karen Marcus endorsing Eric Jablin were received, 799 -4158, had been
checked out and was not a working City number, and actually called the number so the
Council could hear the message that it was not a working number. It had been found to be a
cell phone number on the Nextel system. Staff reported it was not a City Nextel number.
ADJOURNMENT:
There being no further business to discuss, the rdeeti ?g wa54djoupfled at 8:37 p.m.
APPROVAL:
VI
CO CILMEMBER LEVY
CO CILMEMBER VA ECHE
COUNCILMEMBER 1B JkRNETT
ATTEST:
PATRICIA SNIDER, CM
CITY CLERK
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