HomeMy WebLinkAboutMinutes Council 110206CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 2, 20061
The October 19, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:01 p.m. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the pledge of allegiance. A moment of silence was observed for
Olivia Hoffman, a student at Dwyer, and for Lennie Jackson, a City employee, as both had
recently passed away.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ADDITIONS DELETIONS AND MODIFICATIONS:
Mayor Russo announced deletions under Announcements and Presentations of item (a)
Presentation of a check from Palm Beach Gardens Medical Center for Police Department
Automatic External Defibrillators (AED) Units, and item (b) Presentation by the American
Heart Association designating Palm Beach Gardens as a Heart Safe City, noting that both
had requested delay to the November 16 agenda. Council Member Jablin moved the
deletions as stated by the Mayor. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote.
ANNOUNCEMENTS AND PRESENTATIONS:
Sierra Club — Presentation on the Cool Cities Initiative — Lucille Lampher, representing the
Sierra Club, reported benefits of becoming a Cool City included cutting energy costs,
improving air quality, stimulating local economy, and mitigating global warming. Strategies
pursued by cool cities were cleaner vehicles, energy efficiency, and renewable energy by
using hybrid or natural gas vehicles, energy efficient new buildings and building retrofits,
efficient street lighting, and solar panels. Mark Wilson, Facilities Superintendent, reported
on the current conservation efforts by the City. Allison Maiworm outlined the steps to
becoming a Cool City. Following comments by the Council, the City Manager was requested
to provide a report with the cost for the City to become a Cool City.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
Councilmember Levy announced the upcoming election and urged everyone to vote.
Councilmember Valeche reported he and Vice Mayor Barnett had attended a dedication for a
memorial at the corner of Ellison Wilson Road and Donald Ross Road, both roads named
after WWII veterans who gave their lives in the war, and that both were early Palm Beach
County residents. Councilmember Jablin reported art was being installed on the flyover, and
a dedication with a light show would be held at the obelisk at Legacy Place on November 13
at 5:30 p.m. Mayor Russo thanked everyone associated with the Charrette. Mayor Russo
announced a ribbon cutting at Total Wine and More on November 20, 2006 at 6 p.m. and
reported they wanted to give $10,000 to the charity of the Mayor's choice, which would be
discussed at the next meeting. Mayor Russo reported he had attended the Dwyer
Homecoming Parade, and the next day would be attending the Homecoming Parade at Palm
Beach Gardens High School. The Mayor asked that different things be looked at to
strengthen ethics, and recommended any meetings with developers be held at City Hall with
staff present. The Mayor reported he and Councilmember Jablin had toured the City's new
golf course.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/2/06 2
COMMENTS FROM THE PUBLIC:
Elizabeth Sither, 2F Lexington Place East, PGA National, requested a Nativity be included
along with the Menorah that would be displayed at City Hall, recognizing Christmas and
displaying both religious symbols. City Attorney Tatum requested Ms. Sither meet with her
and then she would present this at the next meeting.
Carol Estrada, 309 Riverside Drive, commented this would be the 201" year the Art Bazaar
had been held, reported fees this year were too high for some vendors, and asked when it had
been contracted out instead of being run by the City. Ms. Estrada commented regarding an
upcoming wine tasting event at City Hall, and asked whether the law was broken by serving
alcoholic beverages at City Hall. Ms. Estrada reported the agreement that the blood bank
busses would not go through residential areas was not being met because the busses were
going down MacArthur Boulevard, up Lighthouse, and down Riverside Drive.
John Chaplik, 715 Hudson Bay Drive, indicated he was disappointed with the quality of the
high rise Charrette; the same people who were against traffic on PGA Boulevard wanted the
high rises, and they could not have it both ways. Mr. Chaplik felt the charrette had been
rushed through, and questioned why 10 -story high rises were needed on the Briger property.
Mr. Chaplik paid tribute to Carl Sabatello, commenting he had the expertise to question
developers, and urged that the Council question developers a bit more.
Tom DeRita commented this year over 300,000 meals would be delivered by the Big Heart
Brigade, and reported John and Joel Channing had been the major source of income by
underwriting Taste of the Gardens. Aprons were presented to the Council. Councilmember
Jablin complimented John and Joel Channing for their good work.
Lauren Furtado, 4318 Crestdale Street, reported how the Fire and Police departments had
been improved, and described the difficulties experienced by the Code Enforcement
department with only 2 -1/2 staff members trying to cover the City for many years. Ms.
Furtado reported she had been a member of the City Council when Kelvin Wise was hired
and had watched him struggle to provide code enforcement with limited staff, and stated she
was very disturbed that he had been let go.
Carolyn Chaplik, 715 Hudson Bay Drive, requested the City Council consider an Ordinance
prohibiting political signs, and described problems with signs being taken down and signs
being placed in areas where they were not permitted. Ms. Chaplik reported Ordinance 6,
2006, the property maintenance standards, had gone into effect the previous day, noted there
had never been enough code enforcement staff, and expressed concern that Kelvin Wise had
been let go, because he had always been very professional. She recalled how Mr. Wise
would not let a building permit be issued to change Tanglewood to Union Square until all
mold and mildew code violations were corrected for the residents living there, and reported
he had always been professional and efficient, and she was sorry he had been let go, because
with the new ordinance the City needed code enforcement people who had experience.
CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore,
the following items were approved on the consent agenda:
a. Resolution 125, 2006 — Approve a Cost Sharing Maintenance Agreement
with Old Palm Foundation, Inc. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving an Agreement between the City of
Palm Beach Gardens and Old Palm Foundation, Inc. for Median Maintenance
activities on PGA Boulevard; and providing an effective date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/2/06 3
b. Resolution 127, 2006 — Disaster Relief Funding Agreement. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the
Disaster Relief Funding Agreement with the State of Florida Department of
Transportation, and providing an effective date.
C. Proclamation — National GIS Day
PUBLIC HEARINGS:
Part I — Quasi-judicial - Mayor Russo announced tonight's quasi-judicial cases and described
the procedures that would be followed. The City Clerk swore in all those intending to offer
testimony on any of tonight's cases.
Resolution 66, 2006 - Paloma Planned Unit Development Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Paloma P.U.D. Plat; and
providing an effective date. The City Clerk read Resolution 66, 2006. Mayor Russo declared
the public hearing open and called for exparte communication. No exparte communication
was reported. Hearing no comments from the public, Mayor Russo declared the public
hearing closed. Councilmember Jablin moved approval of Resolution 66, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 33, 2006 — (1St Reading). An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 14, 1997, and Ordinance 10, 2000 relating to
the zoning for the Doubletree Hotel Planned Unit Development (PUD) to transfer the site
plan approval and related conditions to Resolution 128, 2006; and providing an effective
date. [Resolution 128, 2006 is a companion item to Ordinance 33, 2006 and will require
Council action at second reading] Resolution 128, 2006 — Approve an Amendment to the
Doubletree Hotel PUD. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Amendment to the Doubletree Hotel Planned Unit
Development (PUD), which is located on the Northeast Corner of PGA Boulevard and
Military Trail, to allow for the development of a 12,900- square -foot general drug store with
two drive -thru lanes and a major conditional use for a 154,191- square -foot self - storage
building, as more particularly described herein; providing for waivers; providing for
conditions of approval; and providing an effective date. The City Clerk read Ordinance 33,
2006 on first reading by title only. Mayor Russo declared the public hearing open and called
for exparte communication. Vice Mayor Barnett reported she had met with Joel and John
Channing. Councilmember Levy reported he had met with John Channing and discussed
building heights, attractiveness, location to I -95, and landscaping. Mayor Russo and
Councilmember Jablin both reported meeting with John Channing and discussing the same
things. Councilmember Valeche reported he had met with John Channing. Marty Minor,
Urban Design Studio, provided a presentation on behalf of the applicant. Carolyn Chaplik,
715 Hudson Bay Drive, was sworn in and commented this was an excellent design, that the
South entrance was an additional safety feature, a traffic light was provided, a lot of median
plantings were being provided, as well as a nice preserve, in an area very difficult to plan
with the configuration. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Councilmember Jablin moved that Ordinance 33, 2006 be placed on
first reading by title only. Councilmember Levy seconded the motion. During discussion of
the motion, Vice Mayor Barnett expressed concern that at the charrette citizens had been told
there were no projects coming up with height waivers, the City Council had not had an
opportunity to discuss the findings from the charrette, expressed concern with the building
height, mass and the view from Military Trail. Vice Mayor Barnett stated her opinion that
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/2/06 4
there was not sufficient justification for the height waiver. Mayor Russo explained the
comment regarding no projects coming up with height waivers had referred to residential
properties. Councilmember Levy noted this project would generate less traffic than the
property was entitled to, which was a plus with Scripps coming, and requested the applicant
bring a graphic to the second hearing depicting the view from Military Trail. Councilmember
Levy commented he thought the message from the charrette had been clear that higher
buildings by I -95 were acceptable, and he felt the waivers were justified. Councilmember
Valeche indicated he thought the project provided many good things but felt the timing was
not good since the results of the charrette had not been received, and asked that second
reading be held after the report had been received. Motion passed by 4 -1 vote, with Vice
Mayor Barnett opposed.
Part II — Non - Quasi- iudicial
Ordinance 30, 2006 — Wt Reading) Amending the Capital Improvements Element. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the
Capital Improvements Element of the City of Palm Beach Gardens Comprehensive Plan; and
providing an effective date. The City Clerk read Ordinance 30, 2006 on first reading by title
only. Steve Mayer, Growth Management Department, provided a presentation. Mayor Russo
declared the public hearing open. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Jablin made a motion to place Ordinance
30, 2006 on first reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote.
Ordinance 31, 2006 — (1" Reading) Proportionate Fair -Share Program. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida relating to the Concurrency
Management System; creating a new Section 78 -86, Code of Ordinances, to be entitled
"Proportionate Fair -Share Program "; amending Section 78 -751, Code of Ordinances, entitled
"Definitions "; providing for codification; and providing an effective date. The City Clerk
read Ordinance 31, 2006 on first reading by title only. Brad Wiseman, Growth Management
Department, provided a presentation. Discussion ensued. Mayor Russo declared the public
hearing open. Amir Kanel, 8332 Man -O -War Road, suggested another ordinance be adopted
to circumvent this required ordinance to the City's favor. It was explained there was
protection through the approval process. Bob Fink, 145 Vintage Isle Lane, commented if the
money provided by a project were placed into trust instead of building a road, the City would
be stuck with the traffic load, and he was concerned about redevelopment sites and the fact
that development could not be delayed until a road was provided. Mayor Russo requested a
discussion on redevelopment relating to this at a future meeting. Hearing no further
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin made a motion to place Ordinance 31, 2006 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 124, 2006 — Zip Codes and Insurance rates. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida relating to Zip Codes and Insurance rates in the
Lake Catherine community; and providing an effective date. Councilmember Valeche
reported he would like the League of Cities to adopt something similar, and then to approach
Nationwide and other insurance carriers. Councilmember Valeche made a motion to approve
Resolution 124, 2006. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/2/06 5
ORDINANCES:
Ordinance 29, 2006 — Homestead Exemption. An Ordinance of the City Council of the City
of Palm Beach Gardens, Florida relating to additional Homestead Exemption; creating a new
Section 66 -300, Code of Ordinances, to be entitled "Additional Homestead Exemption for
Persons 65 Years and Older "; providing for codification; and providing an effective date.
The City Clerk read Ordinance 29, 2006 by title. Finance Director Owens presented the staff
report. Councilmember Jablin made a motion to approve Ordinance 29, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Charter Review Committee Report - City Attorney Christine Tatum reported 12 proposals
came from the committee, and advised there were two that were substantive, (1) changing
from a majority requirement and running for a specific seat to a plurality form of voting; and
(2) in the case of a vacancy on the Council to allow someone to serve up to a year by
appointment. Of the remaining proposals, eight could be accomplished without amending the
charter and could be done administratively; the other two were covered by State law.
Councilmember Valeche made a motion to allow the eight proposals to be done
administratively. Councilmember Levy seconded. Following discussion, the motion and
second were withdrawn and the City Attorney reviewed each proposal individually, and
received direction on each from the City Council, indicating her understanding that the
Council did not wish to go to a referendum and she would bring back drafts for
consideration. The City Council thanked the Charter Review Committee for their work. The
City Attorney announced the website www.votesmartflorida.org explained the constitutional
amendments that would be on the ballot in next Tuesday's election. Vice Mayor Barnett
suggested the ability to place a name on the ballot by petition, which Mayor Russo agreed to
look at.
4
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/2/06 6
ADJOURNMENT
There being no further business to discuss, the ry 9 g was�adjouj;ffed at 9:47 p.m.
APPROVAL:
VICE
COUN
reme
CO
ATTEST:
PATRICIA SNIDER, CM
CITY CLERK
VALECHE
Note: These summary minutes are prepared in compliance with 286.011 F. S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.