Loading...
HomeMy WebLinkAboutMinutes Council 040507CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 5, 2007 The April 5, 2007 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 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the pledge of allegiance. 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. ELECTION: Resolution 32, 2007 — Declaring results of the Municipal Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 13, 2007; and providing an effective date. Councilmember Jablin moved approval of Resolution 32, 2007. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Administer Oath of Office: The City Clerk administered the oath of office to David Levy and Joseph Russo. Mr. Levy and Mr. Russo made comments and expressed their appreciation. REORGANIZATION: Appointment of a Temporary Chairman to appoint Maw — Councilmember Jablin moved to appoint Joseph Russo as Temporary Chairman. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Appointment of May — Councilmember Levy moved to appoint Joseph Russo as Mayor. Councilmember Jablin seconded the motion, which carried by unanimous 5 -0 vote. Appointment of Vice Mayor - Councilmember Jablin moved to appoint David Levy as Vice Mayor. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 27, 2007 — Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date. Councilmember Jablin moved approval of Resolution 27, 2007 with the names Joseph R. Russo inserted as Mayor and David Levy inserted as Vice Mayor. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced that Appointment of Council to External Boards and Appointment of Council to Internal Boards would be moved to the end of the meeting; addition under Announcements /Presentations of a presentation by Police Chief Stepp regarding gangs; under the Consent Agenda addition of a Proclamation for United States Air Force Band Day; deletion of Ordinance 12, 2007 and Resolution 28, 2007 - Redevelopment of Palm Beach Gardens High School. Councilmember Jablin moved approval of Additions, Deletions, and Modifications as read into the record by Mayor Russo. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo made a brief opening report regarding western development, recommendation for a business plan for the coming year, challenging everyone to work together. The Mayor asked that he be appointed as a representative to work with PGA Corridor residents. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 2 ANNOUNCEMENTS / PRESENTATIONS: Recognition of Willie Sigler's Retirement - Mr. Sigler's 40 -year service was recognized by presenting him with a key to the City. Mr. Sigler expressed his thanks. Fiscal Year 2006 City Annual Audit Report - Bob Feldman from the audit firm of McGladrey & Pullen indicated the City had a very clean report with no significant items and the City was in a good financial position. Gang Activity — Police Chief Stepp provided an overview of the gang situation on the local level and explained how law enforcement and legislation was dealing with the problem. WORKSHOP: Parcel 5B — Applicability of Proposed Height Ordinance to Transit Oriented Development TOD - Brad Wiseman of the Growth Management Department presented a report with staff's recommendation to grant a transit oriented designation if specific criteria were met, by placing an exemption in Ordinance 8, 2007 to encourage transit oriented development. During discussion by the Council, a full presentation before the City Council on transit oriented development was requested. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: Councilmember Barnett congratulated Councilmember Valeche on his appointment to the Executive Board of the League of Cities, wished everyone a happy Passover, happy Easter, and announced the City's Easter Egg Hunt to be held on Saturday. Vice Mayor Levy reported on his visit to Watson B. Duncan Middle School to see the butterfly garden created to teach children nature, which autistic children had helped build. The Vice Mayor reported that the Loxahatchee River Coordinating Council had elected new officers. Councilmember Jablin reported he and Vice Mayor Levy met with Senator Jeff Atwater and discussed property taxes from the point of view of the homeowner associations and the point of view of the City. Mayor Russo reported he had attended the Intergovernmental meeting and asked other Cities to help with western development, and requested staff to keep in contact with their staff. Mayor Russo reported the County was trying to address the sector plan and western development, and Commissioner Marcus asked for the City's support, to which he had responded the City did not support any change to the Vavrus site and felt more comfortable supporting the one to ten. Councilmember Jablin made a motion to write a letter to Commissioner Marcus for one unit on ten acres West of the City's urban boundary. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo advised he had received a report from Councilmember Barnett containing serious allegations and asked for the City Manager's comments. City Manager Ferris indicated the report contained allegations regarding him, the labor attorney, and certain City employees, and he felt his rights had been violated and that the City Manager form of government had been breached. He felt this had been directed against him for political reasons because he refused to comply with Ms. Barnett's demands he take certain actions that were beyond her scope of duty to request as a member of the City Council. The City Manager reported the facts were Councilmember Barnett came to his office March 14, asked if his office was bugged, demanded that he fire Chief Stepp, Chief Bergel, Captain Rogers, and Bob Norton, the City's labor attorney, because she had seen a bill from the labor attorney indicating he was conducting an internal investigation within the Police Department, which she stated was illegal. City Manager Ferris reported subsequent events regarding this matter, including items supplied to Ms. Barnett, research done by the City Attorney, and Ms. Barnett's report containing serious allegations. Mayor Russo presented the report received at his home for the public record. The Police Chief reported he had referred the matter to Florida Department of Law Enforcement, and they had reported no crime had occurred. Fire Chief Bergel stated he CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 3 had served the City for 32 years and was extremely proud of his record and would not let Councilmember Barnett impugn his record. Councilmember Jablin commented he received what he believed to be exparte communication via U.S. mail at his home from Councilmember Barnett, and expressed his opinion that she went outside the chain of authority, not going through the City Clerk, in order to avoid the City Manager, and her communication contained allegations about the City Manager. Councilmember Jablin expressed his opinion this was a violation of the Sunshine Law; that conducting an investigation on her own without knowledge of the City Council and demanding City employees be fired constituted a breach of the City's charter; and commented she had caused staff to expend thousands of dollars, which he resented. Councilmember Valeche expressed his opinion this was not the proper forum for this to be discussed and if legal recourse needed to be taken by any party they should do that. Vice Mayor Levy expressed his opinion a lot of staff time and money was being expended and he wanted the Council to learn from this. Mayor Russo expressed his opinion that handling the situation in this way was not good for anyone. Councilmember Barnett stated she did not violate the Sunshine Law, she did not believe she stepped outside her boundaries, she did not ask the City Manager to fire anyone, it came to her attention the City was paying for an employee to be represented in a suit where the City was not a party, and the labor attorney had attempted to collect twice. Councilmember Barnett reported she had been advised by Florida Department of Law Enforcement how to handle the situation; she had made a public records request as any citizen could do, and reported on the information she had found in e- mails. She felt the City had not had many lawsuits because employees had been strong -armed by the labor attorney. Mayor Russo requested someone come to the Council to explain the City charter so this would not happen in the future. Councilmember Jablin indicated the City had a great staff and they should not have to work under a cloud. Mayor Russo asked everyone to turn the page and work together. COMMENTS FROM THE PUBLIC: Attorney Peter Sampo defended his partner, Labor Attorney Bob Norton, against the allegations by Councilmember Barnett. Carolyn Chaplik thanked staff for the 4 -way stop at a dangerous intersection at Legacy Place, commented it was dangerous at Lake Victoria Drive and Kyoto Drive, and reported the wrong phone number was on signs posted for development. Roger Blangy, Garden Woods, provided information on the Kyoto Drive railroad crossing to the City Clerk, and suggested a meeting on the issue, which Mayor Russo referred to the City Manager because of threatened litigation. City Manager Ferris commented Mr. Blangy had exhausted all legal avenues, but his office would contact Mr. Blangy. Eileen Tucker stated the PGA Corridor Coalition would love to meet with the Mayor, and indicated workforce housing and the train station could be in conflict. Holly Vath, Buttercup Circle, spoke about a code enforcement problem, provided pictures of other violations, and requested the City look into how three violations on the way to her house were overlooked. Richard Baladino reported they had lived here 15 years and were very pleased with the City's growth; he had served on many boards while living here; but he and his wife now were moving to Georgia to be close to their family, and thanked the City for being a great place to live. Pat Hughey advised April was Victim Awareness Month and asked the City to include that in their proclamations. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 4 CONSENT AGENDA: Councilmember Jablin moved approval of the Consent Agenda. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following items were approved on the consent agenda: a. Approve Minutes from January 18, 2007 regular City Council meeting. b. Approve Minutes from February 1, 2007 regular City Council meeting. C. Resolution 40, 2007 - Non - Exclusive Utility Easement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida granting a ten foot Non - Exclusive Utility Easement within Sandhill Crane Access Park to Florida Power and Light; and providing an effective date. d. Resolution 41, 2007 - Work Authorization and Notice to Proceed to Construction Technology, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Work Authorization and Notice to Proceed to Construction Technology, Inc. for the demolition of an abandoned water treatment facility located on Lilac Street; and providing an effective date. e. Proclamation — Fair Housing Month. f. Proclamation — Holocaust Days of Remembrance. g. Proclamation — National Public Works Week. h. Proclamation — National Volunteer Week. i. Proclamation — Water Conservation Month. j. Proclamation — United States Air Force Band Day. PUBLIC HEARINGS: Part I — Quasi -iudicial Mayor Russo described the procedures that would be followed in tonight's quasi-judicial proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight's cases. Ordinance 6, 2007 - (2"d Reading and adoption) Divosta PGA /Turtle Beach PUD. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land consisting of 1.01 acres, located on the South side of PGA Boulevard, approximately 500 feet West of Military Trail and East of PGA Commons Phase III, as described more particularly herein, from Residential Medium (RM) to Planned Unit Development (PUD) overlay with an underlying zoning of Professional Office (PO) to be known as the Divosta PGA/Turtle Beach PUD; providing for revisions to the zoning district map; and providing an effective date. [Resolution 17, 2007 is a companion item to Ordinance 6, 2007 and will require Council action.] Resolution 17, 2007 - Divosta PGA /Turtle Beach PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan and major conditional use for the 1.01 -acre parcel of land located on the South side of PGA Boulevard, approximately 500 feet West of Military Trail and East of PGA Commons Phase III, as more particularly described herein, to be referred to as the Divosta PGA/Turtle Beach Planned Unit Development (PUD), to allow the development of 2,500 square feet of financial institution with drive - through facilities and 2,650 square feet of office use; providing waivers; providing conditions of approval; and providing an effective date. The City Clerk read Ordinance 6, 2007 on second reading by title only and Resolution 17, 2007 by title. Mayor Russo declared the public hearing open. Vice Mayor Levy, Councilmember Valeche, and Councilmember Jablin reported speaking with John Channing regarding parking lot connectivity. Mayor Russo reported he spoke with John Channing but did not discuss the case. Donaldson Hearing spoke on behalf of the petitioner and explained the interconnectivity between the parking areas had been removed CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 5 at the request of the Council, and other modifications had been made which were approved by the Planning Zoning and Appeals Board. Growth Management Administrator Kara Irwin advised that staff supported the interconnectivity. Marty Minor, Urban Design Studio, expressed support for interconnectivity and provided a letter of support from The Garden Isles homeowners association. Carl Erickson, Magnolia Street, advised that The Garden Isles homeowners association did not agree with the connectivity. Lois Erickson, Magnolia Street, thanked the Council for removing the cross access. John Channing, PGA Commons, spoke in support of interconnectivity, and advised they would close it if there were future problems. Dan Eagle, employee of Mr. DiVosta, stated they did not want the interconnectivity. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin indicated he would like to look at the connectivity. Vice Mayor Levy supported the project without the connectivity unless a way to change it in the future could be worked out. Councilmember Barnett and Councilmember Valeche did not approve the interconnectivity. Councilmember Barnett made a motion to adopt Ordinance 6, 2007 on second reading by title only. Vice Mayor Levy seconded the motion, which carried by 4 -1 vote with Councilmember Jablin opposed. Councilmember Barnett made a motion to approve Resolution 17, 2007. Vice Mayor Levy seconded the motion, which carried by 4 -1 vote with Councilmember Jablin opposed. Part II — Non - Quasi - iudicial Ordinance 9, 2007 - (2nd reading and adoption) — Alternative method of qualifying for election. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to elections; amending Chapter 26, Code of Ordinances, entitled "Elections" to provide an alternative method of qualifying for election; providing for codification; and providing an effective date. The City Clerk read Ordinance 9, 2007 on second reading by title only. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 9, 2007 on second reading by title only. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 43, 2007 - National Incident Management System (NIMS). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the use of the National Incident Management System (NIMS) as the municipal standard for Incident Management; authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the Sheriff of Palm Beach County for an Urban Area Security Initiative Grant; and providing an effective date. Councilmember Jablin moved approval of Resolution 43, 2007. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. Council Appointments to External Boards: Consensus was that councilmembers would stay on the boards on which they currently served. Councilmember Jablin moved the Council liaisons stay the same as last year for the external and the internal boards. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: City Attorney Tatum reported on the City's continuing work with Royal Palm Beach and West Palm Beach on the Callery Judge issue. Vice Mayor Levy indicated he would bring up the matter of requirements to become a Cool City at a later date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 6 ADJOURNMENT There being no further business to discuss, the in tt was djou ed at 9:59 p.m. �j APPROVAL: A r�. VICE114�R -LE ER JABLIN G �cexer�— COUNCILMEMBER VALECHE COUNCILNkf ER BARNETT ATTEST: PATRICIA SNIDER, CMC CITY CLERK 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. All referenced attachments are on file in the City Clerk's office.