HomeMy WebLinkAboutMinutes Council 1206072 CITY OF PALM BEACH GARDENS
3 CITY COUNCIL
4 REGULAR MEETING
5 December 6, 2007
6
7 The December 6, 2007 Regular Meeting of the City Council of the City of Palm
8 Beach Gardens, Florida, was called to order at 7 :02 p.m. in the Council Chambers of the
9 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida,
10 by Mayor Joseph Russo.
11 I. PLEDGE OF ALLEGIANCE
12 II. ROLL CALL
13 The City Clerk called the roll and the following elected officials were found to be in
14 attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric Jablin,
15 Council Member Hal Valeche, and Council Member Jody Barnett.
16 III. ADDITIONS, DELETIONS, MODIFICATIONS
17 Additions
18 City Manager's Report — Allan Owens, Finance Administrator, will present a report on
19 the State Board of Administration.
20 Deletions
21 Ordinance 27, 2007 — The Spear Group requested this ordinance be removed from the
22 December 6, 2007 agenda and placed on the April 3, 2008 agenda. A new Ordinance
23 number will be assigned and it will be re- advertised.
24 Ordinance 28, 2007 — The Spear Group requested this ordinance be removed from the
25 December 6, 2007 agenda and placed on the April 3, 2008 agenda. A new Ordinance
26 number will be assigned and it will be re- advertised.
27 MOTION
28 Motion made by Council Member Eric Jablin to remove Ordinance 27, 2007 and
29 Ordinance 28, 2007 from the December 6, 2007 agenda, seconded by Vice Mayor Levy
30 and carried by unanimous vote, 5-0.
31 VI. ANNOUNCEMENTS AND PRESENTATIONS
32 None.
33 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
34 REPORTS
35 Council Member Jody Barnett stated the Palm Beach Gardens Annual Craft Festival was
36 a success and thanked the vendors and staff for their participation. The tree lighting event
37 was beautiful and included a performance by the Florida Classical Ballet, snow and a
38 visit by Santa and Mrs. Claus. Council Member Barnett announced the Hanukkah
39 celebration will be held Tuesday, December 11, 2007 and everyone is invited.
40 Vice Mayor David Levy reported on the November 11, 2007 Parks and Recreation
41 Advisory Board Meeting highlighting discussion of the PGA field, picnic area, progress
42 on the park, new lighting, parking, buffer and transplanted trees from the Gander
43 Mountain site. Groundbreaking took place for the Amanda Buckley Field of Dreams.
44 Softball will begin in February. Vice Mayor Levy also reported he met with County
45 Commissioner Karen Marcus regarding the Value Place Hotel that is planned for Roan
46 Avenue. Vice Mayor Levy believes that Palm Beach Gardens has her support. Vice
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I Mayor Levy suggested drafting a letter for Mayor Russo's signature to the other County
2 Commissioners and Planning and Zoning Board members stating the objections of the
3 City of Palm Beach Gardens to the hotel. Vice Mayor Levy agreed to meet with
4 Commissioners and Planning and Zoning Board members individually. Council agreed
5 with the suggestion of a letter with Council Member Barnett requesting to see a draft of
6 the letter, to which Vice Mayor Levy agreed.
7 Council Member Hal Valeche cited economic problems in South Florida and noted we
8 should promote and support our local businesses.
9 Council Member Eric Jablin expressed his thanks to the Charming Corporation for the
10 Menorah that now stands at the Burns Road Community Center. Council Member Jablin
11 then thanked Ron Ferris, City Manager, and Allan Owens, Finance Administrator, for
12 having the foresight to remove City funds from the State pool.
13 Mayor Joseph Russo reported he attended the boat parade and announced the upcoming
14 Hanukkah celebration and Christmas party at the Burns Road Community Center. Mayor
15 Russo and Vice Mayor Levy met with Lake Park officials regarding the Kohl's
16 department store. Mayor Russo also spoke with County Commissioner Karen Marcus
17 about roads including Northlake Boulevard and PGA Boulevard linkage roads.
18 Commissioner Marcus had the Constrained Roadway at a Lower Level of Service
19 (CRALLS) designation taken off because it did not come through the City. Mayor Russo
20 spoke with former Governor Bush and discussed the local biotech industry and he
21 attended the Honda Classic media day and accepted a check for $10,000 for the
22 boundless playground. Mayor Russo inquired about who maintains the lights on the
23 bridge since some always seem to be out. Mayor Russo expressed his thanks to everyone
24 who participated in the Big Heart Brigade effort.
25 VI. CITY MANAGER REPORT
26 Ron Ferris, City Manager, announced Eric Holdt, Information Technology Administrator,
27 was awarded the Certified Chief Information Officer (CCIO) designation from the
28 Institute of Government at Florida State University. Mayor Russo presented Mr. Holdt's
29 award.
30 Ron Ferris, City Manager, invited Allan Owens, Finance Administrator, to give an update
31 on City investments with the State Board of Administration Government Pool, which was
32 set up in 1982 for local governments, school boards, etc., to invest money safely. As a
33 result of reports on subprime loans, on November 28, 2007 $21.3 million was transferred
34 from this fund to a Wachovia Bank money market account. Council Member Valeche
35 inquired if either the Fire or Police Pension Funds have any investments that could be
36 affected. Mr. Owens replied that he will check into it. Discussion ensued regarding
37 possible fallout from investments at this time. It was noted that both Police and Fire
38 Pension Boards act independently.
39 Council Member Barnett asked for a presentation at a future meeting on the process park
40 planning goes through. Ron Ferris, City Manager, gave a brief explanation. Mayor Russo
41 asked that Council Member Barnett meet with staff and if she is not satisfied with the
42 explanation she can then bring the question back before Council.
43 VII. COMMENTS FROM THE PUBLIC
44 Pat Hughey, questioned the status of the PGA Boulevard flyover art and the expedited
45 permitting of the Amanda Buckley Field of Dreams. Ron Ferris, City Manager, explained
46 negotiations with the attorney for the artist are under way. Agreement was received today
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I from the artist's attorney on the method for repair. Mr. Ferris believes the issue will be
2 resolved shortly. Mr. Ferris explained the present improvements at the Amanda Buckley
3 Fields of Dreams were part of the capital improvement project. Future upgrades will go
4 through Planning and Zoning. Discussion ensued regarding future planning.
5 At this time Mayor Russo directed his comments to Carolyn Chaplik stating that
6 Ordinance 27, 2007 and Ordinance 28, 2007, on which she wished to speak, were pulled
7 from the agenda and moved to April 3, 2008 and will be re- advertised.
8 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, requested that Ordinance 8,
9 2007 be pulled from the December 20, 2007 agenda. Mayor Russo stated there will be a
10 workshop later this evening. Ms. Estrada thanked the staff for the wonderful holiday
11 celebrations.
12 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, expressed her thanks to Ron
13 Ferris and Allan Owens for their actions in safeguarding City funds.
14 Lou Gaeta, 5220 Hood Road, Palm Beach Gardens, on behalf of the PGA Corridor
15 Association, requested the re- establishment of the Economic Development Advisory
16 Board (EDAB). Mr. Gaeta also thanked Ron Ferris and Allan Owens for their foresight in
17 safeguarding City funds. Mayor Russo explained that although the board is not
18 established at this time that development issues are being addressed.
19 VIII. CONSENT AGENDA
20 a. Resolution 127} 2007 — Approving the purchase of desktop computers. A Resolution
21 of the City Council of the City of Palm Beach Gardens, Florida approving the
22 purchase of 60 desktop computers for use in City - operated facilities via an existing
23 contract with the State of Florida, Contract No. 250- 000 -03 -1; and providing an
24 effective date.
25 b. Resolution 129, 2007 — Emergency Medical Services Surcharge Funds. A Resolution
26 of the city Council of the City of Palm Beach Gardens, Florida approving application
27 to the Palm Beach County Emergency Medical Services Surcharge Fund; authorizing
28 the Mayor and City Clerk to execute said Agreement; and providing an effective date.
29 MOTION
30 Motion made by Council Member Eric Jablin to approve the Consent Agenda, seconded
31 by Vice Mayor Levy and carried by unanimous vote, 5-0.
32 IX. PUBLIC HEARINGS
33 City Clerk swore in all those preparing to give testimony at this meeting.
34 Part I — Quasi- iudicial
35 a. Resolution 125, 2007 — Gardens Commerce Center Art. A Resolution of the City
36 Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places
37 for the Gardens Commerce Center Planned Unit Development (PUD), which is located
38 n the West side of Riverside Drive, East of Interstate 95, North of Plat 5 and
39 approximately 300 feet South of Burns Road, as described more particularly herein;
40 providing conditions of approval; and providing an effective date.
41 Mayor Russo declared the public hearing open. Ex pane communication was declared by
42 Council Member Jablin, Council Liaison to the Art in Public Places (AIPP) Advisory
43 Board. He stated that he did see a presentation on this subject. Mayor Russo stated he had
44 a brief discussion on the subject. Vice Mayor Levy, Council Member Barnett and
45 Council Member Valeche declared no ex pane communications.
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I Lucy Keshavrz, Art and Culture Group, Art Consultant for Pishon Partners, LLC,
2 developers of property. Ms. Kesharvaz explained the location for the artwork and reason
3 for the choice. Ms. Kesharvaz described Jorge Blanco's artwork, Andalucia, and
4 addressed the concerns of the AIPP Advisory Board, including that Andalucia is the last
5 piece in a series of four, two of which are in Europe and the third is with the artist. The
6 cost is approximately $2,500 more than the amount in escrow.
7 Council Member Levy inquired if the piece could withstand hurricane -force winds. Ms.
8 Kesharvaz replied that it is certified to winds of 150 miles per hour. Council Member
9 Levy inquired if the base is aluminum and if it will be painted. Ms. Kesharvaz explained
10 that the base is aluminum and will not be painted. Sculpture will be powder coated white.
II It will be bolted down. Mayor Russo expressed his concern that this sculpture not
12 experience the problems encountered with artwork located elsewhere in the City. Ms.
13 Kesharvaz explained that it is painted aluminum. Mayor Russo opened the hearing to
14 public comment. There being no public comment, Mayor Russo closed the hearing to
15 public comment. Council Member Barnett stated she found the piece to be cold and noted
16 that recent artwork has been metal. Discussion ensued regarding medium. Ms. Kesharvaz
17 stated maintenance cost is an issue and this piece is low maintenance. Vice Mayor Levy
18 complimented Ms. Kesharvaz on her presentation.
19 MOTION
20 Motion made by Council Member Eric Jablin to approve Resolution 125, 2007, seconded
21 by Vice Mayor Levy and carried by unanimous vote, 5-0.
22 b. Resolution 126, 2007 — Village Square Professional Park Phase II Plat. A Resolution
23 of the City Council of the City of Palm Beach Gardens, Florida approving the Village
24 Square Professional Park Phase II Plat and providing an effective date.
25 Mayor Russo declared the public hearing open. No ex parte communication was declared.
26 Mayor Russo opened the hearing to public comment. There being no public comment,
27 Mayor Russo closed the hearing to public comment.
28 MOTION
29 Motion made by Council Member Eric Jablin to approve the Resolution 126, 2007,
30 seconded by Vice Mayor Levy and carried by unanimous vote, 5-0.
31 X. RESOLUTIONS
32 Resolution 120, 2007 — Amendment to the Solid Waste, Recycling, and Vegetative Waste
33 Services Agreement. A Resolution of the City Council of the City of Palm Beach
34 Gardens, Florida approving a Clarification and Addendum I to the Solid Waste,
35 Recycling, and Vegetative Waste Services Agreement with Waste Management, Inc; and
36 providing an effective date.
37 Mayor Russo declared the public hearing open. No ex parte communication was declared.
38 Mayor Russo opened the hearing to public comment. Mike Morrow, Public Works
39 Operations Director, explained the item is to clarify the contract agreement language
40 related to the container residential service and the billing of the units that were not
41 included in the monthly invoice. There were 5,897 container service units, of which
42 2,887 units are commercial and rental apartment accounts that have been billed
43 accordingly by Waste Management. There are 3,007 residential containers that were not
44 billed by Waste Management. Mr. Morrow provided a listing and map of the areas
45 concerned. After 18 months the amount due is $297,435.48. Mayor Russo clarified the
46 money is in the budget, but we were never billed. There were no questions.
CITY OF PALM REACH GARDENS REGULAR COUNCIL MEETING ?age 4
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I MOTION
2 Motion made by Council Member Eric Jablin to approve Resolution 120, 2007, seconded
3 by Vice Mayor Levy and carried by unanimous vote, 5 -0.
4 XI. ORDINANCES
5 None.
6 XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION
7 a. Placing Ordinance 8, 2007. (Amend the Palm Beach Gardens Land Development
8 Regulations providing limitations to maximum height waivers.) onto the December 20,
9 2007 agenda for 2nd reading and adoption.
10 Mayor Russo stated Ordinance 8, 2007 was on the January agenda and eliminated height
11 restrictions for residential buildings. There were issues in the Ordinance that needed to be
12 addressed. In March Mayor Russo asked Council if he could meet with the PGA Corridor
13 Residents' Coalition to find out their issues. His objective was to possibly come up with
14 an Ordinance that can deal with the height of all of our buildings: commercial, industrial
15 and residential and put that in this Ordinance. There is lack of agreement within the
16 Coalition. Mayor Russo suggested the residential component of Ordinance 8, 2007 be re-
17 done and the commercial component be left until after the election when a new
18 administration is in place. Mayor Russo stated he agrees with Carolyn Chaplik that this
19 item not be discussed at the December 20, 2007 Council meeting, but should be discussed
20 at the January 12, 2008 meeting at Woodland Lakes Clubhouse, to which all are invited.
21 He cited two remaining objections: 1) super majority and 2) Transit - Oriented
22 Development (TOD). Mayor Russo asked for Council comments. Council Member Jablin
23 stated he remembered the same issues. Council Member Barnett asked Mayor Russo to
24 give further explanation on what he is asking Council to do on the Ordinance. He then
25 stated he did not want to see the Tri-Rail Station eliminated. Council Member Valeche
26 stated the Ordinance should be discussed further and that he believes the discretion
27 should be kept at Council level. Vice Mayor Levy stated he believes transportation
28 options should be kept open because of future demand and that a select group of people
29 have overly influenced the issues. Council Member Barnett stated that agreement has not
30 been reached in almost one year. She believes the Ordinance should be addressed
31 comprehensively. Mayor Russo stated he did not want to pass the issue to a new Council.
32 He will attend the January 12, 2008 meeting at Woodland Lakes and discuss the issues
33 further in the hope resolution can be reached within the next few months.
34 Council Member Jablin discussed the AIPP Advisory Board meeting where the North
35 County Library expansion was discussed, which will almost double the space. He
36 explained the County concept of having the art inside of the building. The Council
37 expressed their agreement and Council Member Jablin said he will notify the County so
38 they can go forward with the Call to Artists.
39 Council Member Barnett asked City Attorney Tatum for her opinion on the gathering of
40 signatures on petitions at a public event.
41
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XIII. CITY ATTORNEY REPORT
In response to Council Member Barnett's question Attorney Tatum stated that gathering
signatures at traditional parks and plazas and outside of City Hall are open for free speech
activities including political activities; traditional limited public forums inside of
buildings, inside of City Hall, and other municipal buildings are not appropriate. Other
constraints include City employees from being involved in any manner; they cannot be
approached to participate or to sign a petition while acting in their capacity as a City
employee. There are other constraints that involve trying to raise money on public
property. The freedom of association and free speech does allow people to use public
forums, such as the Green Market, which is on public property, or to campaign for office
or to gather signatures for political issues. Mayor Russo stated he hopes our holiday
events are not turned into political events. He asked for candidates to use discretion.
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XIV. ADJOURNMENT
There being no further business'to discuss, the meeting
APPROVED:
Attest:
Patri cia Snider, CMC
City Clerk
adjourned at 8:23 p.m.
G
David Levy,
Eric
aleche, Council Member
Jody Barnett,funici>4ember
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
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