HomeMy WebLinkAboutMinutes Council 100407I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 October 4, 2007
5 The October 4, 2007 Regu` lar Meeting of the City Council of the City of Palm
6 Beach Gardens, Florida, was called to order at 7:00 p.m. in the Council Chambers of the
7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida,
8 by Mayor Joseph Russo.
9 I. PLEDGE OF ALLEGIANCE
10 H. ROLL CALL
1 I The City Clerk called the roll and the following elected officials were found to be
12 in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric
13 Jablin, Council Member Hal Valeche, and Council Member Jody Barnett.
14 III. ADDITIONS, DELETIONS, MODIFICATIONS
15 Mayor Russo announced the City Manager's report, Update of the Cabana
16 Colony Canal, under deletions, (a) Ordinance 27 -2007 Comprehensive Text Amendment,
17 (b) Ordinance 28 -2007, Large -Scale Land Use Map Amendment. Spear - Northlake,
18 applicant for the petitioner, has requested a postponement until December 6, 2007. A
19 copy of the letter from Urban Design Studios has been provided for each council
20 member. There have been no additions or modifications. Ordinances will be opened. It is
21 a public hearing. One resident is present and wants to speak. There will not be a staff or
22 petitioner presentation. Council Member Jablin moved approval of the deletion as stated
23 by the Mayor. Seconded by Vice Mayor Levy. Motion carried by unanimous 5-0 vote.
24 IV. ANNOUNCEMENTS/PRESENTATIONS
25 None.
26 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
27 REPORTS
28 Council Member Jody Barnett recounted her attendance at the October 3, 2007
29 Community Aesthetics Board (CAB) meeting. She reported seeing a presentation on the
30 greening of the City Hall plaza area. The Board members were pleased about saving the
31 trees and adding greenery and color all over City Hall. A proposal was viewed for the
32 monument and seating area. Board members extended their thanks to the Council for
33 providing a veterans memorial. It was noted that Council Member Valeche spoke on
34 Veterans Day 2006 and a request has been extended that he speak again for Veterans Day
35 2007.
36 Vice Mayor Levy also complimented Council Member Valeche on the poignant
37 speech he gave on Veterans Day 2006. Vice Mayor David Levy attended the
38 Loxahatchee River Management Coordinating Council meeting on September 24, 2007,
39 Items discussed include: (1) Flow Way One Project and (2) Comprehensive Everglades
40 Restoration Program (CERP). Five or six structures in the Flow Way One Project were
41 discussed. The $44,000,000 budget for the Department of Environmental Protection
42 (DEP), South Florida Water Management District (SFWMD) and Loxahatchee River
43 Water Management District (LRWMD) water projects and biological studies was
44 discussed. A Taste of the Palm Beaches, which raises money for the Big Heart Brigade,
45 will be held on November 14, 2007 at PGA Commons. Tom DeRita, co- founder of the
46 Big Heart Brigade, was recognized for his efforts.
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I Council Member Hal Valeche thanked the Council Members for their kind words
2 on his behalf by citing his speech for Veterans Day 2006. He had nothing further to
3 report.
4 Council Member Eric Jablin attended an Palm Beach County Metropolitan
5 Planning Organization (WO) public meeting where the Turnpike Authority gave a
6 presentation regarding the widening of the Florida Turnpike to eight lanes in the Palm
7 Beach Gardens area. Council Member Jablin expressed concern for the BallenIsles, PGA
8 National and Mirasol developments due to the proximity to the project. Sound barriers
9 are proposed, but the plans show a gap along the BallenIsles side, East end of the project,
10 Northbound lanes. An explanation was given that the gap was in the golf course area.
11 Council Member Jablin explained that the natural vegetation in the area had been
12 decimated during the hurricanes and has not grown back. Mayor Jablin expressed
13 objection because of the concern regarding noise. He will continue to follow this issue.
14 Mayor Joseph Russo attended a biotech overlay meeting two weeks ago. Decision
15 made that Kohl's going to Lake Park would not be endorsed because their overlay is not
16 in place, declined to do a resolution because of the precedent that would be set. Council
17 attended the Nativity Lutheran School expansion ribbon cutting and the Weiss School
18 ribbon cutting for their tennis courts. He expressed thanks to schools for their work.
19 Over the past four months Mayor Russo has met with the PGA Corridor
20 Association to discuss their concerns about growth, building height and traffic
21 congestion. The Council has moved forward on Ordinance 8, 2007 regarding residential
22 height restrictions. A memorandum was issued on October 4, 2007 regarding
23 commercial, office and industrial uses. Concern for height limits, waivers for height
24 limits and locations was discussed. Every major parcel in the City was reviewed.
25 Kara Irwin, Growth Management Administrator, discussed residential and
26 nonresidential building height, keeping in mind the City's future economic development.
27 To obtain a waiver it would be necessary to meet specific criteria including open space,
28 tiering, architectural standards and beautification of the project. The proposed legislation
29 maintains the economic development initiative as put forth by Council in the past and
30 provides for targeted land development categories. PGA Corridor Association has been
31 given the information and memorandum for review. There has been no agreement to date.
32 Council Member Jablin stated that he wants continuation of Ordinance 8, 2007. Mayor
33 Russo explained that this is preliminary and there will be a workshop before it goes to an
34 Ordinance concept. Vice Mayor Levy expressed concern about the Briger property height
35 restrictions. He also expressed concern about the Interstate 95 and Northlake area height
36 restrictions and buffer areas between commercial and residential sites. Council Member
37 Barnett expressed concern regarding the bioscience overlays and wants to see tiering
38 heights defined. Six copies of the subject memorandum were given to Eileen Tucker.
39 Council Member Valeche clarified that meetings should not be limited to the PGA
40 Corridor Association. Vice Mayor Levy requested that the Ordinance and memorandum
41 be placed on the web site with a link for comments.
42 VI. CITY MANAGER REPORT
43 City Manager Ronald Ferris informed Council that the tentative date of
44 November 28, 2007 for the next Town Hall meeting was not convenient for all Council
45 members. Discussion ensued but it was decided to set a date through staff.
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Ron Ferris introduced Dan Clark, City Engineer, to discuss the Cabana Colony
canal. Mr. Clark met with Commissioner Marcus and County Staff on October 3, 2007.
The recommendation at this time is to add mangrove plantings for bank stabilization.
Mayor Russo introduced Jeffrey Miller, Cabana Colony homeowner, who expressed his
dissatisfaction with the meeting being held without the inclusion of the Cabana Colony
Homeowners Association. He stated that adding more plantings to the canal would
further obstruct it and cause drainage issues. Disagreement of ownership and
maintenance of the canal was discussed without resolution. Mayor Russo stated that all
further discussion will be through the Cabana Colony Homeowners Association
president. Vice Mayor Levy requested that a copy of the engineering report from the
Homeowners Association be submitted to Mr. Clark. Mr. Miller requested that ownership
of the canal be given to Cabana Colony since neither the City nor the County will
acknowledge ownership. Mayor Russo requested that a meeting be set up between the
County, City, Homeowners Association president and Homeowners Association's
engineers, to which Mr. Miller agreed.
VIL COMMENTS FROM THE PUBLIC
Ken Tuma, Urban Design Studio, 477 S. Rosemary Avenue, West Palm Beach,
representing the Briger parcel, expressed interest in the height situation that has been
discussed at two height charrettes. He would like to participate in any further discussions.
Hank Gonzalez, 3950 RCA Blvd, Palm Beach Gardens representing Borland
Center and Midtown as well as the PGA Corridor Association. Joel Channing was also
present. He expressed their pride in the PGA Corridor as it comes to fruition. Mr.
Gonzalez thanked the Council members for their help.
Jenna MacQueen, 11806 Bayberry St, Palm Beach Gardens sought assistance
from Council in helping her get a permit to build a fence at her property. Mayor Russo
requested Vice Mayor Levy assist Ms. MacQueen.
Carolyn Chaplik, Parks and Recreation Advisory Board member, announced the
Youth Triathalonand offered discussion on height charrettes.
Eileen Tucker discussed a Florida Atlantic University (FAU) presentation at a Council
meeting. She expressed belief that such presentations are more appropriate at Town Hall
meetings. She felt that the budget did not get enough discussion. She expressed objection
to particular salary ranges. Request was made that the take -home car policy be reviewed.
She also questioned Tom DeRita's contract being renewed without going out to bid. She
requested that political campaign signage be limited. She also requested that the City
Council meetings not reflect any political discussion between those members running for
Council again.
Mayor Russo stated that next year's budget process will start earlier. A salary
survey is being conducted. Mr. DeRita's contract is through existing codes. The
campaign signs are limited.
Paula Magnuson, 3167D Gardens East Drive, president of Sandalwood
Homeowners Association, requested information regarding her grant request for
landscaping since her neighborhood was devastated by the hurricanes. Mayor Russo was
not familiar with this issue and stated that it would be followed up by staff tomorrow. She
also discussed speeding on Gardens East Drive and within Sandalwood. Major Carr will
discuss the issue with Ms. Magnuson. Code enforcement issues were discussed.
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VUL CONSENT AGENDA
Council Member Jablin made a motion to accept the consent agenda. Vice Mayor
Levy seconded the motion, which carried by a unanimous 5-0 vote. Therefore. the
following items were approved on the Consent Agenda:
a. Resolution 83, 2007 - Golf Professional Agreement with Kevin Kern. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a Golf Professional Agreement with Kevin Kern; authorizing the
Mayor and City Clerk to execute the Agreement; and providing an effective date.
b. Resolution 103, 2007 - Addendum II to an Agreement with Tropics North
Landscaping. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving Addendum II to an Agreement with Tropics North
Landscaping, Inc. for landscape and irrigation maintenance services related to the
PGA Boulevard Flyover project; and providing an effective date.
C. Resolution 113, 2007 - Work Authorization to Ardaman & Associates,
Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a Work Authorization to Ardaman & Associates, Inc. for consulting
services associated with Year No. 7 of the Gardens Park Contamination
Remediation project; and providing an effective date.
d. Proclamation - Fire Prevention Week.
PUBLIC HEARINGS
Part I - OuasiJudicial - Mayor Russo announced the procedures that would be
followed in tonight's quasi-judicial proceedings. No ex parte communications
were reported. The City Clerk swore in all those intending to offer testimony in
any of tonight's public hearings.
a. Resolution 75, 2007 - Gardens Medical Pavilion. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending Resolution 172,
2004 to allow additional principal tenant signs for the Palm Beach Gardens
Medical Pavilion (formerly known as Good Samaritan/St. Mary's Health Care
Pavilion), located at the Northwest corner of PGA Boulevard and Fairchild
Gardens Avenue within the Regional Center Development of Regional Impact
(DRI), as more particularly described herein; providing additional waivers; and
providing an effective date. The City Clerk read Resolution 75, 2007 by title.
Mayor Russo inquired if there had been any ex parte communication. Council
Member Barnett responded that she did discuss the sign location with the person
that owns the building. Mayor Russo stated that he had met with staff and the
applicant but has not met again since that time. There were no other ex parte
communications. Donaldson Hearing introduced himself as representing the
applicant regarding the building located at 3401 PGA Boulevard. Mr. Hearing
gave specific information regarding signage design and location. He requested a
waiver to add one additional principal identification sign to the building and
approval to change and possibly relocate the existing signage. Brian Waxman
noted that the three primary tenants of the building are the University of Miami,
Palm Beach Cancer Institute, Palm Beach Orthopedic Institute. Kara Irwin,
Growth Management Administrator, stated that she had a presentation prepared,
but the petitioner had changed his proposal. Mayor Russo stated that he wished to
discuss the proposal at hand. Council Member Barnett expressed her satisfaction
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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with the proposal stating that the signage was elegant and appropriate. Vice
Mayor Levy objected to the signage stating that it was confusing. Council
Member Valeche was in favor of the proposal because of the economic
enhancement it would give the tenants without neglecting the aesthetic standards.
Council Member Jablin opposed the proposal stating that three signs on the
building were making it a billboard. Mayor Russo supported the upcoming
changes to the 3401 building, but stated that the sign code should be reviewed
before a decision is made, a committee should be established, and the Chamber
should be involved. Mayor Russo declared the public hearing open. Hearing no
comments from the public Mayor Russo declared the public hearing closed.
Motion made by Council Member Jablin to postpone until ready. Seconded by
Vice Mayor Levy. Vote carried unanimously at 5-0.
Part H — Non - Quasi- iudicial
a. Ordinance 27, 2007 — (1st reading) Comprehensive Plan Text amendment.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Future Land Use Element of the Comprehensive Plan of the City of
Palm Beach Gardens to add Residential Very Low (RVL) as an additional Rural
Residential Land Use subcategory for properties located West of the City's Urban
Growth Boundary within newly - annexed areas fronting along Northlake
Boulevard; providing for codification; and providing an effective date.
Public meeting was opened. Vice Mayor Levy declared ex parte communication
between himself and petitioner Ken Tuma and Marty Perry. Discussion included
zoning change density, and wetlands. Council Member Valeche declared ex parte
communication with Ken Tuma, Ms. Glass and Mr. Spears.
Joan Elias, 1009 Diamond Head Way, President of Community
Awareness Network (CAN) of PGA National, had over 1,000 signed cards
supporting keeping density as low as possible West of the Beeline and Northlake
Boulevard. Elias also represented the Board of Directors of the Northlake
Neighborhood Coalition, which also supports keeping density as low as possible.
Ms. Elias requested that her comments be applied to both Ordinances 27, 2007
and 28, 2007.
Linda Monroe, 619 Hudson Bay Drive, expressed her concern for
unintended consequences. She felt that it would be inappropriate to change the
original plan for the land until there has been a decision on the Vavrus and Mecca
properties. She cited earlier ideas to encourage equestrian activities for this land,
similar to Wellington. She also cited traffic congestion at this time as a problem.
Ms. Monroe requested that her comments be applied to both Ordinances 27, 2007
and 28, 2007.
Carolyn Chaplik, 715 Hudson Bay Drive, warned that votes for
Ordinances 27 and 28 are votes for western sprawl. Ms. Chaplik requested that
her comments be applied to both Ordinances 27, 2007 and 28, 2007.
Bob Hodgson, 41 Greenpoint Circle, president of the Board of Governors
of the Property Owners Association of PGA National, representing approximately
10,000 people, spoke to dissuade any increase in density that that would affect the
quality of life on Northlake or PGA Boulevards. Mr. Hodgson said that he was
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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PAGE 5
I sure that surrounding communities would agree. He also does not want any
2 changes in density to make the gridlock problem on Northlake any worse.
3 Marty Perry explained that the letter requested postponement on both
4 ordinances.
5 Council Member Eric Jablin made a motion to postpone further action on
6 Ordinance 27, 2007 until December 6, 2007. Vice Mayor David Levy seconded
7 the motion. Vote carried unanimously at 5-0
8 b. Ordinance 28 2007 — (1 st reading) L ge -scale land -use map amendment.
9 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
10 amending the Future Land Use Map of the Comprehensive Plan of the City of
11 Palm Beach Gardens relating to certain property consisting of approximately 61.9
12 acres, generally located on the North side of Northlake Boulevard approximately
13 one -half (0.5) mile West of the intersection of Northlake Boulevard and Coconut
14 Boulevard to change the land -use designation from Palm Beach County Rural
15 Residential 20 (RR20) to City of Palm Beach Gardens Residential Very Low
16 (RVL); and providing an effective date.
17 Council Member Eric Jablin made a motion to postpone further action on
18 Ordinance 28, 2007 until December 6, 2007. Vice Mayor David Levy seconded
19 the motion. Vote carried unanimously at 5-0.
20 C. Ordinance 29, 2007 — (1 st reading) PGA Boulevard Corridor Overlay. An
21 Ordinance of the City Council of the City of Palm Beach Gardens, Florida
22 amending Section 78 -221, Code of Ordinances, entitled "PGA Boulevard
23 Corridor Overlay" to clarify which uses are prohibited within the overlay;
24 providing for codification; and providing an effective date.
25 Mayor Russo opened the floor to public hearing.
26 Kara Irwin, Growth Management Administrator, stated that a decision to deny a
27 permit for a bar, nightclub or lounge was overturned by the Zoning, Planning and
28 Appeals Board (PZAB), which declared the Growth Management interpretation of
29 the code unclear. The PZAB did provide that an applicant could come forward
30 and apply for a conditional use for a bar, nightclub or lounge within the PGA
31 Boulevard Overlay. At the August 16, 2007 City Council meeting Staff was
32 directed to preserve the character of the overlay and clarify the code because a
33 bar, nightclub or lounge was intended to be a prohibited use. A text amendment
34 was prepared for the PZAB sitting as the Land Development Regulations
35 Committee, which denied the Ordinance by a vote of 5 -2. Council was advised
36 that at the first meeting the determination was made that the current staff's
37 interpretation was that if the use was not permitted, that it was prohibited. The
38 applicant argued the opposite, stating that if a use was not prohibited that it was
39 permitted. Kara Irwin stated that Ordinance 29, 2007 makes the intent clear. The
40 Ordinance 25, 2006 uses have not changed.
41 Marty Perry spoke on behalf of Carmine and Shiela Giardini. He requested
42 that their restaurant, Noche, be allowed to have a dance floor. He believes that
43 conditional use is appropriate. Discussion among Council members ensued. Vice
44 Mayor Levy clarified that nothing in the Ordinance prohibits a dance floor. He is
45 concerned of the problems that bars bring. Council Member Barnett agrees with
46 the Ordinance. Council Member Valeche stated that Noche is a form of
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
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I entertainment. He would like to see it kept as a conditional use. He prefers
2 keeping the discretion with the Council. Council Member Barnett stated that the
3 Ordinance included one text amendment. Council Member Jablin made a motion
4 to place Ordinance 29, 2007 on first reading, seconded by Vice Mayor Levy and
5 carried unanimously by a 5-0 vote.
6 d. Evaluation and Appraisal Report (EAR) -based Amendments. Stephen
7 Mayer, Growth Management, presented the first public workshop for the EAR -
8 based amendments. This is the first public workshop in a series of two that goes
9 before the City Council. There will be four that go before the Planning, Zoning
10 and Appeals Board. Major elements addressed include: 1) plan for Western
11 growth, 2) diversity of land uses for infill and redevelopment of Eastern portions
12 of the city, 3) future transit, 4) maintain roadway leafages 5) re- evaluate level of
13 service criteria for parks and recreation, 6) pursue a provision for workforce
14 housing, and 7) encourage economic development including bioscience uses.
15 Kara Irwin, Growth Management Administrator, said it took 18 months to
16 evaluate the EAR and we must now review the current goals, objectives and
17 policies and address major issues in the City. Mayor Russo stated that we are far
18 ahead of the curve and without more money he failed to see what more we could
19 do. Kara Irwin mentioned non -cost incentives including goals, objectives and
20 policies addressing economic development. Council Member Barnett stated that
21 speed is a primary economic factor for businesses coming to the City and she
22 would like to see goals tied to permits, i.e., a specific goal is met with a
23 corresponding permit issued. Vice Mayor Levy cited that we do have concurrent
24 processing of permits with Council approval. Ms. Irwin listed other considerations
25 which include: 1) State requirements for the Capital Improvement Elements
26 (CIE), 2) policies based on regional water supply plan, and 3) changing land uses
27 to conservation. Vice Mayor Levy stated he would like to: 1) target expediting
28 permit programs for Leaders in Energy and Environmental Design (LEED)-
29 certified buildings to build environmentally friendly buildings and 2) discuss
30 agreements with TECO about propane lines. Discussion ensued regarding propane
31 and methane. Ms. Irwin will get specific data. Vice Mayor Levy stated that he
32 believes Growth Management is going in the right direction.
33 X. RESOLUTIONS
34 a. Resolution 71, 2007 - Appointment to the Fire Pension Board. A
35 resolution of the City Council of the City of Palm Beach Gardens, Florida
36 approving the appointment of regular members to the City of Palm Beach
37 Gardens Fire Fighters' Pension Board; and providing an effective date.
38 Motion made by Council Member Valeche and seconded by Vice Mayor
39 Levy for the appointment of Thomas Murphy and Richard Hitchins to the Fire
40 Pension Board and confirmation of Rick Rhodes. Motion carried unanimously
41 5-0.
42 b. Resolution 100 2007 - Appointment to the Art In Public Places Advisory
43 Board. A Resolution of the City Council of the City of Palm Beach Gardens,
44 Florida approving the appointment of regular and alternate members to the Art in
45 Public Places Advisory Board; and providing an effective date.
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I Motion made by Council Member Jablin and seconded by Vice Mayor
2 Levy for the appointment of Myra Davis, Ellen Dukes and Karen Hainsworth as
3 regular members of the Art In Public Places Advisory Board, Cable Neuhaus as
4 first alternate and Jennifer O'Brien as second alternate. Motion carried
5 unanimously 5-0.
6 C. Resolution 107, 2007 - Appointment to the Economic Development
7 Advisory Board. A Resolution of the City Council of the City of Palm Beach
8 Gardens, Florida approving the appointment of regular and alternate members to
9 the Economic Development Advisory Board; and providing an effective date.
10 Mayor Russo stated that there were many meetings that could not be held
11 because of lack of a quorum. He also stated that we no longer have an Economic
12 Development Department nor a member from the Chamber of Commerce. Mayor
13 Russo suggested that before this board is reactivated the city manager should look
14 into how we should proceed, to which the Council agreed.
15 XHL Resolution 109, 2007 - Appointment to the Planning, Zoning and nd Appeals
16 Board. Appointment to the Planning, Zoning and Appeals Board. A
17 Resolution of the City Council of the City of Palm Beach Gardens, Florida
18 approving the appointment of regular and alternate members to the Planning,
19 Zoning, and Appeals Board; and providing an effective date.
20 Vice Mayor Levy made a motion, seconded by Council Member Valeche,
21 to reappoint Michael Panczak, Douglas Pennell, and Jonathan Rubins as regular
22 members, and Amir Kanel as second alternate. Motion carried unanimously 5-0.
23 XIII. Resolution 110, 2007 - Appointment to the Parks and Recreation Advisory
24 Board. A Resolution of the City Council of the City of Palm Beach Gardens,
25 Florida approving the appointment of regular and alternate members to the
26 Parks and Recreation Advisory Board; and providing an effective date.
27 Vice Mayor Levy made a motion, seconded by Council Member Valeche,
28 for the reappointment of Carolyn Chaplik and Mary Anne Hedrick, and for the
29 appointment of Timothy Frohling and Amie Schneider as regular members and
30 William Sonnenreich as first alternate, leaving the second alternate position
31 vacant. Motion carried unanimously 5-0.
32 f. Resolution 111 2007 - Appointment to the Community Aesthetics
33 Advisory Board. A Resolution of the City Council of the City of Palm Beach
34 Gardens, Florida approving the appointment of regular and alternate members to
35 the Community Aesthetics Board; and providing an effective date.
36 Council Member Barnett made a motion, seconded by Vice Mayor Levy
37 for the appointment of Gail Vastola, David Anderson, Frances Heaslip, and Albert
38 Jacob as regular members, Donald Brown as first alternate and Donald Krzan as
39 second alternate. Motion carried unanimously 5-0.
40 XIII. Resolution 112. 2007 - Appointment to the Budget Oversight Committee. A
41 Resolution of the City Council of the City of Palm Beach Gardens, Florida
42 approving the appointment of regular members to the Budget Oversight
43 Committee; and providing and effective date.
44 Council Member Valeche made a motion, seconded by Vice Mayor David Levy,
45 for the appointment of Bernard Pettingill as a regular member to fill a vacant
46 position. Motion carried unanimously 5-0.
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I XI. ORDINANCES
2 None.
3 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
4 a. Request for reimbursement of attorneys' fees.
5 At this time Mayor Russo recused himself and left the dais stating that he
6 abstained due to personal involvement. Vice Mayor Levy accepted the gavel and
7 assumed responsibility. Vice Mayor Levy stated this case is similar to former
8 Council Member Carl Sabatello's case and that the same standards should be
9 applied. Vice Mayor Levy did contact the City attorney and received a memo.
10 Verification has been provided that Mr. Russo is no longer under investigation by
11 the U.S. Attorney's Office in Miami. Two levels of standards should be met: 1)
12 the incident occurred because of Mr. Russo's actions upon this council and the
13 actions occurred because of votes made on Mirasol, 2) these are clear funds, away
14 from and not intermingled with, any other case. Vice Mayor Levy stated that he
15 does believe that the actions did occur because of Mr. Russo's participation on the
16 council and that he did use another attorney outside his ethics case and that the
17 charges are regular and customary. City Attorney Christine Tatum did confirm
18 that the charges are regular and customary for an experienced criminal defense
19 attorney in this area. Vice Mayor Levy also stated that determination needed to be
20 made that Mr. Russo was no longer under investigation for these charges.
21 Attorney Tatum confirmed that she contacted Assistant U.S. Attorney John
22 Kastrenakes on July 12, 2007 and that he did confirm that Mr. Russo was no
23 longer under investigation. Vice Mayor Levy then asked for discussion from the
24 Council. Council Member Barnett stated that there is no written documentation
25 stating that Mr. Russo's case has been favorably concluded and that several of the
26 fees were for public relations issues and for these reasons could not support
27 reimbursement. Council Member Valeche stated that the portions relating to
28 dealing with the Palm Beach Post probably should not be paid for by the public.
29 Council Member Jablin stated that when Mr. Russo engaged the services of an
30 attorney it was because he was under investigation by the Federal Bureau of
31 Investigation (FBI). Council Member Jablin then stated that he agreed with Vice
32 Mayor Levy and that the fees should be reimbursed. Vice Mayor Levy stated that
33 at this point there were three votes favorable and one vote against reimbursement
34 for legal fees. There are two votes against reimbursement for public relations fees.
35 Attorney Tatum stated that under such circumstances she would recommend that
36 any elected official seek legal advice. She suggested separating the issue of legal
37 fees and public relations fees. Council Member Barnett asked Attorney Tatum if
38 she was unable to provide counsel because of conflict of interest. Attorney Tatum
39 answered that she is counsel for the City of Palm Beach Gardens and not for an
40 individual accused of an ethics violation or Sunshine violation. Council Member
41 Barnett said that in reviewing the bills there were various attorneys, some being
42 criminal and some being civil. She noted John Gary and said she did not
43 understand his relationship to the case. Attorney Tatum did confirm that there is a
44 statement for a consultation with Mr. Gary for 0.6 hours billed by Burnam,
45 Critton, Luttier & Coleman. Mr. Russo asked to be heard and explained that when
46 this case began in 2003 he was not familiar with the legal implications. As it
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I escalated and the newspapers became involved he did follow Attorney Tatum's
2 advice and seek counsel. He explained that Mr. Gary introduced him to Mr.
3 Burnam and that is what the phone call charge relates to. Mr. Russo stated that
4 Mr. Gary did not do any work for him, nor would he have hired Mr. Gary or
5 accepted anything pro bono, because of Mr. Gary's relationship with the City. Mr.
6 Russo stated that upon hiring an attorney he turned the matter over to him. He
7 also stated that Mr. Sabatello was reimbursed for fees concerning newspapers and
8 he felt it unfair to separate those fees for him. He did not request reimbursement
9 before because he did not want any implication that he received preferential
10 treatment. Mr. Russo thanked the Council for hearing him. Council Member
11 Jablin clarified that the bill does state that Mr. Gary made the introduction and
12 had no involvement beyond that. Council Member Jablin reiterated that Mr.
13 Sabatello had his fees reimbursed and that intermingled with that were fees for
14 conversations with the Palm Beach Post and that Mr. Russo should be treated the
15 same. Council Member Valeche inquired if there was an itemized bill for Mr.
16 Sabatello and Attorney Tatum advised that there was a line item statement.
17 Council Member Valeche stated that he sees a distinct difference between legal
18 and public relations fees. Council Member Jablin stated that Mr. Russo was the
19 target of a criminal investigation and not just a newspaper investigation. Council
20 Member Barnett stated that it was difficult to know, and she did not think it
21 appropriate to ask, if Mr. Russo was a subject or a witness. Council Member
22 Barnett stated that it would be an easier decision if the legal and public relations
23 fees were separated. Vice Mayor Levy stated that he felt it necessary to separate
24 the two. He then stated that he felt the case was tried in the press and that the fees
25 were part of the legal representation and that the right exists to defend one's self.
26 He does not believe the issues should be separated and that Mr. Russo should not
27 be treated any differently than Mr. Sabatello. He felt that the level of proof was
28 equal. Attorney Tatum stated that she did deal extensively with the Palm Beach
29 Post because of public records requests. Vice Mayor Levy cited a public comment
30 card from Carol Estrada with Pat Hughey speaking on her behalf. The comment
31 stated that Ms. Estrada does not wish to have her taxes used to pay for Mr.
32 Russo's attorney's fees during a time of budget cuts. Ms. Hughey asked if the
33 person who loses a case has to pay for attorney's fees, why are we paying
34 attorney's fees and why did we pay Mr_ Sabatello's fees? Council Member
35 Barnett stated that she has copies of an Order for Dismissal for a finding of no
36 probable cause. The law does state that public officials are reimbursed if for a
37 positive finding —not guilty. Attorney Tatum reiterated that if charges are brought
38 against someone that are not sustained the State Attorney and the U.S. Attorney
39 do not reimburse expenses. Vice Mayor Levy clarified that the charges were
40 brought by the State Ethics Committee, a State agency. Joan Elias stated that
41 during the investigation it was a tense time for everyone in the City. Mr. Russo
42 and Mr. Sabatello were both charged. Mr. Russo was investigated back to his
43 former New Jersey home. The total reimbursement requested is less than $13,000.
44 Vice Mayor Levy re- polled the Council members. Council Member Barnett made
45 a motion and Council Member Jablin seconded for reimbursement to Mayor
46 Russo for fees not including charges relating to the Palm Beach Post. Motion
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAG E 10
10.04.07
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carried unanimously 4-0. At this time Vice Mayor Levy relinquished the gavel to
Mayor Russo who returned to the dais.
XIII. CITY ATTORNEY REPORT
None.
XIV.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at
10:11 P.M. /% i /%
APPROVED:
Attest:
Patricia Snider, CMC
City Clerk
1
Jody B , Council Member
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 on file in the City Clerk's office.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
10.04.07
PAGE 11
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NA -FIRST NAME - MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
twL
MAILIN /QDRESS _
�t
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
SO a.
ITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY OUNTY
NAME OF LITICAL SUBDIVISION:
Ell-k
14
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 86
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 voting on 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 the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your 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 min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, 1 P 2 _ «` ''� hereby disclose that on `f 20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
Inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
1-3
('b 4 1'0 � - ----Z
Date Filed Signat e
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000.
CE FORM 88 - EFF. 112000 PAGE 2