HomeMy WebLinkAboutMinutes Council 050307I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 May 3, 2007
6 The May 3, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal Complex,
8 located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and
9 opened with the pledge of allegiance and a moment of silence and prayer for those affected by the
10 Virginia Tech tragedy. Councilmember Valeche made a motion to engrave a courtyard brick in
11 remembrance; Vice Mayor Levy seconded; carried by unanimous 5 -0 vote.
12 ROLL CALL: The City Clerk called the roll and the following elected officials were found to be
13 in attendance: Mayor Russo, Vice Mayor Levy, Councilmember Jablin, Councilmember Valeche,
14 and Councilmember Barnett.
15 ADDITIONS, DELETIONS, MODIFICATIONS:
16 Mayor Russo announced an addition to the Consent Agenda Item L of a Proclamation declaring
17 Building Safety Week and requested reordering the agenda to hear Ordinance 10, 2007 right after
18 the Consent Agenda. Councilmember Jablin made a motion to approve the additions, deletions,
19 and modifications as stated by the Mayor. Vice Mayor Levy seconded the motion, which carried
20 by unanimous 5-0 vote.
21 ANNOUNCEMENTS / PRESENTATIONS:
22 Port of Palm Beach — Carl Baker, Special Assistant to the Executive Director, provided an update
23 on upcoming activities and events at the Port ofPalm Beach honoring the crew ofthe USS Carr,
24 which would arrive at the port the next day.
25 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
26 Councilmember Barnett thanked the Gardens Isles residents for inviting the Council to their block
27 party; and reported the Community Aesthetics Board would be taking field trips to different
28 developments. Vice Mayor Levy reported the Biotech Land Advisory Board had met and
29 discussed how Scripps was integrating with the Palm Beach County School Board to develop
30 biotech programs in the schools. Councilmember Valeche reported there had been a great turnout
31 at the 5k walk benefiting the Give a Life Foundation to promote organ donation. Councilmember
32 Jablin encouraged everyone to become an organ donor. Mayor Russo reported groundbreaking
33 for the Palm Beach Gardens Elementary School, and commended the School Board. Mayor
34 Russo requested the (TOD) Transit Oriented Development presentation for the height Ordinance
35 be held; staff reported that was scheduled for June 7, 2007. Mayor Russo announced the
36 Economic Development Workshop would be held in June, after it was known what the State was
37 going to do about real estate taxes. The City Council had attended the Town Hall meeting with
38 the Governor, and were aware decisions would have to be made regarding services since less
39 income would be received. Mayor Russo reported he met with a large German Biotech company
40 which wanted to locate in the North end of the County, which could bring dollars to the City.
41 Mayor Russo expressed concern regarding the Callery Judge approval and announced there
42 would be a hearing at the County regarding the approval; this development would greatly affect
43 the City's traffic. Mayor Russo reported the PGA Residents Corridor Group was circulating a
44 petition and wanted to reduce waivers and height; the Mayor would meet with the group's
45 representatives to better understand their concerns. Mayor Russo announced Hal Valeche was
46 running for Congress and Jody Barnett was running for State Attorney, and wished them both
47 luck.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
1 CITY MANAGER REPORT:
2 City Manager Ferris reported staff had been working on the budget process to accommodate the
3 lost revenues from property taxes which would impact services. Staff proposed dividing services
4 into categories: basic services, essential or needed services, and important services and those
5 related to growth. Other items being considered for savings were consolidation/elimination of
6 positions, contract services, benefits, merits, Cost of Living Adjustments, pensions, Fire Rescue,
7 Growth Management and City Attorney cost recovery programs, comparing in -house and
8 consultant Engineering. Other alternative sources of revenue were user fees and other taxes such
9 as utility taxes, communications service taxes, solid waste collection and Emergency Medical
10 Services. In summary, alternative revenues, cost recovery, and expenditure reduction were being
11 considered. The City Manager advised the types of programs that would need to be curtailed.
12 Mayor Russo recommended preparing for the Senate proposal and holding a town hall meeting.
13 Councilmember Barnett requested a policy setting meeting on this issue. The City Manager was
14 requested to come back with a time frame.
15 COMMENTS FROM THE PUBLIC:
16 Carolyn Chaplik, Hudson Bay Drive, requested help with getting a response from Northern Palm
17 Beach County Improvement District to clean out a canal. Andrew McGee, South Florida
18 Commuter Services, explained that they helped individual drivers find alternate ways to get to and
19 from work using carpooling, mass transit, etc., to relieve traffic congestion. On May 17, 2007,
20 they were holding a Commuter Challenge in conjunction with Clean Air Month, asking people to
21 try an alternate mode of transportation for one day and to go to their website or call them for
22 information: v, h, 1- 800 - 234 -RIDE.
23 CONSENT AGENDA: Councilmember Jablin moved approval of the Consent Agenda absent
24 Item G with the addition of a Proclamation declaring Building Safety Week. Vice Mayor Levy
25 seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved
26 on the Consent Agenda:
27 a. Approve Minutes from February 15, 2007 regular City Council meeting.
28 b. Approve Minutes from March 1, 2007 regular City Council meeting.
29 C. Approve Minutes from March 15, 2007 regular City Council meeting.
30 d. Resolution 44, 2007 - Addendum to the Collective Bargaining Agreement. A
31 Resolution of the City Council of the City of Palm Beach Gardens, Florida
32 approving and ratifying an Addendum to the Collective Bargaining Agreement
33 with Professional Fire Fighters/Paramedics of Palm Beach County Local 2928,
34 Inc., employed by the City's Fire Rescue Department, as approved by Resolution
35 62, 2006, for Fiscal Years 2005 -2006, 2006 -2007, and 2007 -2008; authorizing
36 the Mayor and the City Clerk to execute said Addendum; and providing an
37 effective date.
38 e. Resolution 45, 2007 — Contract award to Abacus Travel, Inc. A Resolution ofthe
39 City Council of the City of Palm Beach Gardens, Florida awarding a contract for
40 Travel Agency Services to Abacus Travel, Inc.; authorizing the Mayor and the
41 City Clerk to execute the contract; and providing an effective date.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
1 f. Resolution 46, 2007 - Approve a contract for Vending Machine Services. A
2 Resolution of the City Council of the City of Palm Beach Gardens, Florida
3 awarding a non - exclusive contract for Vending Machine Services to Pepsi
4 Americas; authorizing the Mayor and the City Clerk to execute the contract; and
5 providing an effective date.
6 h. Proclamation — Municipal Clerks Week.
7 i. Proclamation — USS Carr (FFG 52).
8 j. Proclamation — USS Simpson (FFG 56).
9 k. Proclamation — Give a Life Foundation.
10 1. Proclamation — Building Safety Week
11 Item G Resolution 48, 2007, pulled from Consent Agenda by Councilmember Valeche and
12 Councilmember Barnett.
13 Resolution 48.2007 - Letter of support for the SFRTA. A Resolution of the City Council of the
14 City of Palm Beach Gardens, Florida authorizing the Mayor to sign a letter of support for the
15 South Florida Regional Transportation Authority's (SFRTA) pursuit of a dedicated funding
16 source; and providing an effective date. Councilmember Valeche advised he had abstained from
17 voting on this at The League of Cities since he had not received direction from the City Council,
18 and he was against the Resolution. Councilmember Jablin advised the MPO (Metropolitan
19 Planning Organization) was supporting this. Consensus of Council was to place this on the next
20 agenda for consideration.
21 PUBLIC HEARINGS:
22 Part I — Quasi-judicial - Mayor Russo announced the procedures that would be followed in all
23 of tonight's quasi-judicial cases. The City Clerk swore in all those intending to offer testimony in
24 any of tonight's cases.
25 Ordinance 10, 2007 — (first reading, Employer Sponsored Housing. An Ordinance of the City
26 Council of the City of Palm Beach Gardens, Florida, relating to Employer Sponsored Housing;
27 creating a new Section 78 -193, Code of Ordinances, to be entitled "Employer Sponsored
28 Housing "; amending Section 78 -751, Code of Ordinances, entitled "Definitions "; providing for
29 codification; and providing an effective date. The City Clerk read Ordinance 10, 2007 by title only
30 on first reading. Attorneys Steve Mathison and Robert Havish presented the applicant's proposal.
31 Stephen Mayer presented the staff report and answered questions from the City Council. Mayor
32 Russo called for public comments. Carol Velez, Westwood Gardens, entered into the record, in
33 the form of a petition, 319 signatures from their residents who did not support the Ordinance, and
34 advised she also did not support the Ordinance. John Chaplik, Hudson Bay Drive, expressed his
35 opinion this could not be limited to Frenchman's Creek but would affect every community in the
36 City, and recommended communities like Frenchman's Creek be allowed to build workforce
37 housing within their own communities. Joe LasCasas, Eagle Lake Drive, reserved comments for
38 another meeting. Tim Lessio, Westwood Gardens, advised that all the communities did not want
39 this. George Blanck, Woodmill Drive, expressed his opinion that nothing should be changed
40 except individual associations should be allowed to do this. Sophia Junz, Westwood Lakes,
41 expressed her opinion this would be the first step down a slippery slope into chaos. Michele
42 Adler, Garden Lakes, expressed concern regarding enforcement and recommended businesses
43 come up with a solution for housing their employees. Allen Mankin, Westwood Gardens, advised
44 this would not work in a residential community and Frenchman's Creek should build within their
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
1 own community or pay their employees more. Cathie Rockwood, Westwood Gardens, was
2 against the proposal. Casey Steinbacher, President and CEO of the Northern Palm Beaches
3 Chamber of Commerce, advised that workforce housing was a complex issue; this was only a
4 piece of the solution, and the types of people included in the income range to use this housing
5 included City and School District employees. Terry Petruzzi, President of Westwood Gardens and
6 Westwood Lakes Homeowners Association, commented communities had not been included in
7 the decision - making process and cautioned how this would affect other communities. Eileen
8 Tucker, Shady Lakes, expressed her opinion that the community should provide housing within
9 their own community. Vito DeFrancesco, Shady Lakes, compared the number of unrelated people
10 allowed in one residence to those allowed in other area Cities, stated he thought this was the
11 worst thing that had been done to residents and asked that the number be reduced. Lou Velez,
12 Westwood Gardens, entered into the record a petition from the board of Westwood Gardens,
13 which he advised had no interest in this program and expressed his opinion that this was only
14 about money. Charles Dee, Westwood Gardens, was against the Ordinance. Evelyn Martino,
15 Westwood Lakes, expressed concern about additional traffic, transient people, and noise. Barb
16 Freed, Westwood Lakes, questioned whether her community was involved, and yielded her time
17 when told her community would have to approve it. N. Westphal, Westwood Gardens, asked not
18 to let this happen. Carol Estrada, Riverside Drive, asked the City Council to listen to the Planning
19 and Zoning and Appeals Board, which denied this project, and referred to past failed similar
20 projects. Jacquelyn Durham, San Matera, provided a letter from residents who could not attend,
21 spoke against the proposal and advised there had not been notice of this meeting to her
22 community. Fern Sandler, Westwood Lakes, expressed her opinion that this was a real estate
23 transaction and stated they did not pay their people enough. James McGovern, Garden Lakes,
24 expressed his opinion that this was a bad idea, would set precedent, was really a business
25 problem, and urged the Council to reject the proposal. Pat Halty, owner and President of Big
26 Cypress Properties, advised that she provided employee housing and expressed concern how this
27 would affect her tenants. Walter Schmidt, President of Garden Lakes Homeowners Association
28 asked the Council not to pass this and asked that Garden Lakes not be allowed to have this. Joan
29 Elias, 1009 Diamond Head Way, spoke in favor of the proposal. Carolyn Chaplik, Hudson Bay
30 Drive, expressed concern with enforcement, and was against the project. Suzanne Cabrera,
31 President and CEO of the Housing Leadership Council, spoke in support of the Ordinance and
32 commented that affordable housing was at crisis and must be addressed, and workers would have
33 to be paid $50 to $60 an hour to afford housing within Palm Beach Gardens. Michael O'Rourke,
34 President of Oaks East, expressed his opinion that this was apartment cramming, not affordable
35 housing. Matthew McCord, San Matera, advised
36 that he lived next to a unit housing four Frenchman's Creek workers and it was not a desirable
37 situation, and was not housing for Florida residents. The applicant addressed the Council and
38 urged adoption. Growth Management Administrator Kara Irwin advised who had been noticed of
39 this meeting. City Attorney Tatum reported (HUD) Housing Urban Development rules and
40 advised she would check whether residents were restricted to four. Councilmember Barnett
41 expressed concern that negatives would outweigh the benefits. Vice Mayor Levy felt the
42 Ordinance would provide rules so that enforcement could take place, and spoke in support of the
43 Ordinance. Councilmember Valeche expressed his opinion that unintended consequences had been
44 taken care of by the proposed language, and supported the Ordinance. Councilmember Jablin
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
1 expressed his support. Mayor Russo indicted he felt this Ordinance would provide more
2 protection. The City Attorney announced a proposed amendment to page 2 line 11: employer
3 sponsored housing programs shall be limited to a multifamily development with a minimum of
4 500 dwelling units, provided that all multifamily buildings in the development contain a
5 minimum of five dwelling units; and an amendment to page 3 line 17 would delete the current
6 subsection (8) to be replaced with the following language: written consent of any applicable
7 homeowners or property owners association signed by an authorized representative of the
8 association. Councilmember Jablin moved to place Ordinance 10, 2007 on first reading with the
9 amendments read into the record by the City Attorney. Vice Mayor Levy seconded the motion.
10 Councilmember Barnett expressed concern that this Ordinance contained limiting criteria and
11 asked why this would not be good for residential homes. Discussion ensued. Motion carried by 4-
12 1 vote with Councilmember Barnett opposed.
13 Resolution 38, 2007 — Revise permitted signage within the Gardens Station West Planned Unit
14 Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
15 amending the Master Signage Program for the Gardens Station Planned Unit Development
16 (PUD), generally bounded by the RCA Center PUD to the North, Loehmann's Plaza to the West,
17 the Hilda Flack Interiors and Hampton Inn properties to the South, and the FEC tracks to the
18 East, as more particularly described herein; providing waivers; providing conditions of approval;
19 and providing an effective date. The City Clerk read Resolution 38, 2007 by title only. Donaldson
20 Hearing spoke on behalf of the applicant. Mayor Russo declared the public hearing open and
21 called for ex -parte communication. Councilmember Valeche reported speaking with Mr. Hearing
22 and Mr. Griffith. Hearing no comments from the public, Mayor Russo declared the public hearing
23 closed. Councilmember Jablin moved approval of Resolution 38, 2007. Vice Mayor Levy
24 seconded the motion, which carried by unanimous 5 -0 vote.
25 Resolution 39, 2007 - Approval of the public art for the Gardens Station Mixed -Use Planned Unit
26 Development (PUD, A Resolution of the City Council of the City of Palm Beach Gardens,
27 Florida approving the Art in Public Places for the Gardens Station Planned Unit Development
28 (PUD), which is located South of Parcel 5B, immediately North of the Northcorp PCD, East of
29 RCA Boulevard, and West of the FEC Railway, as more particularly described herein; providing
30 conditions of approval; and providing an effective date. The City Clerk read Resolution 38, 2007
31 by title only. Mayor Russo declared the public hearing open and called for ex -pane
32 communication. No ex -parte communication was reported. Councilmember Jablin noted he was
33 the Council Liaison to The Art in Public Places Committee. Lucy Keshavrez presented the
34 proposed art, which the Art in Public Places Committee denied 6 -1. Donaldson Hearing requested
35 reimbursement of the monies spent if Council denied it. Councilmember Jablin moved denial of
36 Resolution 38, 2007. Vice Mayor Levy seconded the motion, which carried by a 4 -1 vote, with
37 Councilmember Valeche opposed. The City Attorney reviewed code criteria for waiving fees,
38 which in her opinion did not apply in this case. Councilmember Jablin moved denial of the
39 petitioner's request for rebate of the fees. Vice Mayor Levy seconded the motion, which carried
40 by a 4 -1 vote, with Councilmember Barnett opposed. Mayor Russo commented this was a public
41 hearing; Councilmember Jablin withdrew his motion for denial of Resolution 38, 2007. Vice
42 Mayor Levy seconded the motion, which carried by 5 -0 vote. There were no comments from the
43 public, therefore, Mayor Russo declared the public hearing closed. Councilmember Jablin moved
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
1 denial of petitioner's request for rebate of the fees. Vice Mayor Levy seconded the motion, which
2 carried by 4 -1 vote, with Councilmember Barnett opposed.
3 Ordinance 12, 2007 — (2'd reading and adoption) — Redevelopment of Palm Beach Gardens High
4 School - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
5 rezoning; rezoning a Planned Unit Development with underlying Public or Institutional zoning to
6 allow the demolition and redevelopment of the existing Palm Beach Gardens High
7 School, generally located at the Southeast corner of Lilac Street and Military Trail, as more
8 particularly described herein; and providing an effective date. [Resolution 28, 2007 is a
9 companion item to Ordinance 12, 2007 and will require Council action.] Resolution 28, 2007
10 - Redevelopment of Palm Beach Gardens High School - A Resolution of the City Council of the
11 City of Palm Beach Gardens, Florida approving the site plan and a major conditional use for the
12 39.74 -acre parcel of land, generally located at the Southeast corner of Lilac street and Military
13 Trail, as more particularly described herein, to be referred to as the "Palm Beach Gardens High
14 School "; allowing the redevelopment of the existing high school; providing for a waiver;
15 providing for conditions of approval; and providing an effective date The City Clerk read
16 Resolution 28, 2007 by title only. Mayor Russo declared the public hearing open and called for
17 ex -pane communication. No ex -parte communication was reported, except by Mayor Russo who
18 stated none except at the cook -out. Angela Usher of the Palm Beach County School District
19 provided an update since the last presentation. Joan Elias, 1009 Diamond Head Way, expressed
20 concern that the school system had requested the City contribute over $100,000 annually for this
21 building, and that the school board now was proposing $98.6 million as the cost of this one
22 school. Carol Estrada, Riverside Drive, expressed concern there were no provisions for new
23 students at this school, which Mayor Russo indicated was a school board issue. Hearing no
24 further comments from the public, Mayor Russo declared the public hearing closed.
25 Councilmember Jablin moved to adopt Ordinance 12, 2007 on second reading. Vice Mayor Levy
26 seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Jablin moved to
27 approve Resolution 28, 2007. Vice Mayor Levy seconded the motion, which carried by
28 unanimous 5 -0 vote.
29 Part H — Non - Quasi - judicial
30 Ordinance 11.2007 — (2d Reading and Adontionl Amending the Fiscal Year 2006/2007 Budget.
31 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City
32 of Palm Beach Gardens' Budget for the fiscal year beginning October 1, 2006, and ending
33 September 30, 2007, inclusive; and providing an effective date. The City Clerk read Ordinance
34 11, 2007 by title on second reading. Mayor Russo declared the public hearing open. Alan Owens,
35 Finance Administrator, reviewed the changes made since first reading. Council discussion
36 followed. Vice Mayor Levy moved Ordinance 11, 2007 with removal of $1.2 million for Fire
37 Station 2, be placed on second reading for adoption. Mayor Russo noted this was a public
38 hearing. Vice Mayor Levy withdrew his motion. Joan Elias, 1009 Diamond Head Way, asked that
39 $1.2 million be left in the resolution. Hearing no further comments from the public, Mayor Russo
40 declared the public hearing closed. Vice Mayor Levy moved Ordinance 11, 2007 with removal of
41 $1.2 million from reserves for Fire Station 2, be placed on second reading for adoption.
42 Councilmember Valeche seconded the motion, which carried by 4 -1 vote with Councilmember
43 Jablin opposed.
44
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
1 RESOLUTIONS:
2 Resolution 42., 2007 — Appointment of members to the Art in Public Places Advisory Board. A
3 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
4 appointment of regular and alternate members to the Art in Public Places Advisory Board; and
5 providing an effective date. Councilmember Jablin moved approval of Resolution 42, 2007 with
6 the names Ted Thobum and Georgia Heard - O'Brien inserted moved from alternate to regular
7 members and the name Lynn Silber as first alternate and Karen Hainsworth as second alternate.
8 Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
9 ITEMS FOR COUNCIL ACTION/DISCUSSION:
to Establish the dates for the July and August t City Council meetings - Councilmember Jablin made a
11 motion to have one meeting in July and in August on the third Thursday of each month. Vice
12 Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
13 Councilmember Barnett asked for a budget workshop. It was agreed to meet as soon as the City
14 Manager had numbers ready. City Attorney Tatum noted the final hearing on Callery Judge would
15 be on Monday and it was very important for people to attend. Councilmember Jablin advised 287
16 responses received in opposition would be taken to the hearing.
17
18 ADJOURNMENT
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20 There being no further business to discuss, the meeting was adjourned at 11:10 p.m.
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CITY OF PALM BEACH GARDENS
APPROVAL:
ATTEST:
PATRICIA S14iDEk CMC
CITY CLERK
VICE MAYOR LEVY
i
c4a 't vcz��,—
CO'UNCILMEMBER VALECHE
COUNCILME It BARNETT
28 Note: These summary minutes are prepared in compliance with 286.011 F. S. and are not verbatim
29 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All
30 referenced attachments are on file in the City Clerk's office.
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