HomeMy WebLinkAboutMinutes Council 040209I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
I APRIL 2, 2009
6 The regular meeting was called to order at 7:03 p.m. by Mayor Russo.
7 I. PLEDGE OF ALLEGIANCE
8 Mayor Russo asked for a moment of silence to recognize the passing of Dutch Lipschultz of
9 Frenchman's Creek.
10 H. ROLL CALL
11 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember, Eric Jablin
12 Councilmember Jody Barnett and Councilmember Robert Premuroso.
13 III. ADDITIONS, DELETIONS, MODIFICATIONS
14 DELETIONS — 50th Anniversary Event — Dancing Under the Stars — Sponsor Recognition.
15 MODIFICATIONS — Ordinance 15, 2009 — BallenIsles Outparcel — Postponement request.
16 Vice Mayor Lew made a motion approving the deletion.
17 Councilmember Barnett seconded.
18 Motion passed 5 -0.
19 IV. ANNOUNCEMENTS AND PRESENTATIONS
20 None.
21 V. ITEMS OF RESIDENT INTEREST AND BOARD /CONff4r1 TEE REPORTS
22 Councilmember Premuroso reported on the March Budget Oversight Committee.
23 Councilmember Jablin thanked Ballenlsles for hosting one of the 2008 -2009 offsite budget
24 workshops and reported on the Frenchman's Creek annual tea. Councilmember Barnett
25 discussed attending the transit charrette, the League of Cities meeting, and announced the
26 Easter Egg Hunt on Saturday, April 11, 2009 at 9:00 a.m. Vice Mayor Lew attended the
27 Community Aesthetics Board (CAB) meeting and acknowledged Jay Eckhaus, chairman of
28 the Government Affairs Board for the Northern Chamber of Commerce. Mayor Russo
29 discussed SB 360, requested a Resolution stating taxes will not be raised for the 2009 -2010
30 budget year based upon City Council discussion at the March 23, 2009 Budget Workshop,
31 announced attending the 10th anniversary of the Tennis Center and reported on Congressman
32 Ron Klein's visit to Palm Beach Gardens.
33 VII. CITY MANAGER REPORT
34 City Manager Ferris introduced City Lobbyist Tom DeRita who gave an update on
35 SB 360, HB 227, SB 580 and SB 1840.
36 VIII. COMMENTS FROM THE PUBLIC
37 The following_ individuals commented to the Council: Tom Cairns, 3101 PGA Boulevard,
38 Palm Beach Gardens; Roger Blanry, 11658 Hemlock Street, Palm Beach County.
39 IX. CONSENT AGENDA
40 a. Approve minutes from February 5, 2009 City Council meeting.
41 b. Approve minutes from February 19, 2009 City Council meeting.
42 c. Approve minutes from March 5, 2009 City Council meeting.
43 d. Resolution 28, 2009: Purchase of 5 Lifepak Monitor/Defibrillators. A Resolution of the
44 City Council of the City of Palm Beach Gardens, Florida approving an Agreement with
45 Medtronic Physio Control Corporation to purchase five (5) Lifepak Monitors/Debribrillators;
46 providing an effective date; and for other purposes.
47 e. Proclamation — Fair Housing Month.
48 Vice Mayor Lew made a motion for approval of the Consent Agenda.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
04.02.09
I Councilmember Jablin seconded.
2 Motion passed 5 -0.
3 X, PUBLIC HEARINGS
4 Part I — Quasi judicial
5 Part II — Non - Quasi- iudicial
6 Mayor Russo announced the procedures that would be followed in tonight's proceedings.
7 The City Clerk read Ordinance 15, 2009 by title.
8 a. Ordinance 15, 2009 — Ust reading) BallenIsles West Outuarcel. An Ordinance of the City
9 Council of the City of Palm Beach Gardens, Florida adopting a small -scale amendment to its
10 Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163,
11 Florida Statutes, specifically Section 163.3187(l)(c), et seq., Florida Statutes, which provides for
12 an amendment to the City's Future Land Use Map designating one (1) parcel of real property
13 comprising approximately 7.31 acres, more or less, in size as "(PO) Professional Office "; such
14 parcel of land is located at the Southwest corner of the intersection of PGA Boulevard and
15 BallenIsles drive, informally known as `BallenIsles West Outparcel "; providing for compliance
16 with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a
17 severability clause; providing an effective date; and for other purposes.
18 Mayor Russo opened the public hearing and stated it was a non-quasi-judicial hearing and
19 not necessary to disclose ex parte communication. Ex parte communication was declared by
20 Vice Mayor Levy, Councilmember Jablin, Councilmember Barnett and Councilmember
21 Premuroso. Mayor Russo stated he spoke with residents only.
22 City Attorney Lohman explained that Mayor Russo does not have a conflict of interest.
23 The following individuals commented on this agenda item: Mayor Russo.
24 The following individuals made public comments on this agenda item: Dr. David Paulson,
25 27 Saint George Place, Palm Beach Gardens; Jay Echhaus, 157 Windward Drive, Palm
26 Beach Gardens, Roma Josephs, 323 Sunset Bay Lane, Palm Beach Gardens; Norman
27 Greenberg, 115 Grad Palm Way, Palm Beach Gardens; Leslie Kaplan, 102 Windward
28 Drive, Palm Beach Gardens; Robert Waz, 116 Sunset Cove Lane, Palm Beach Gardens;
29 Gerald Pollack, 1022 Grand Isle Terrace, Palm Beach Gardens; Dr. Robert Davis, 118
30 Orchid Cay Drive, Palm Beach Gardens; John Tiffany; Anne Booth, 477 South Rosemary
31 Avenue, Unit 225, West Palm Beach.
32 City Attorney Lohman explained due process regarding postponements.
33 Mayor Russo stated the hearing would be held tonight.
34 Councilmember Jablin made a motion to deny the request for the extension.
35 Vice Mayor Levv seconded.
36 Motion passed 5 -0.
37 Mayor Russo declared a 5- minute recess and reconvened the meeting at 8:12 p.m.
38 John Tiffany, requested a continuation until November 19, 2009 explaining agreement was
39 reached between the parties.
40 City Attorney Lohman stated Ordinance 15, 2009 will have to be re- advertised and
41 explained the procedure to be followed.
42 Councilmember Jablin made a motion to reconsider the denial of the postponement.
43 Vice Mayor Levy seconded.
44 Motion passed 5 -0.
45 Councilmember Jablin made a motion for postponement to a date certain of November 19,
46 2009.
47 Vice Mayor Levy seconded.
48 Motion passed 5 -0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
04.02.09
I The City Clerk read Resolution 33, 2009 by title.
2 b. Resolution 33. 2009 — PGA Corporate Park (Parcel 5A) concurrent processing. A
3 Resolution of the City Council of the City of Palm Beach Gardens, Florida allowing the
4 concurrent processing of a Comprehensive Plan Text Amendment increasing the DRI Office
5 Standards, a Planned Community District (PCD) Amendment or a Planned Unit Development
6 (PUD) application, and site plan approval for the approximately 86.34 -acre parcel, referred to
7 as "Parcel 5a," generally bounded by PGA Boulevard to the South, Alternate AIA to the East,
8 the Interstate 95 right -of -way and Military Trail to the West, and the Winchester Courts and
9 Garden Woods residential developments to the North; approving a concurrent processing
10 agreement; providing an effective date; and for other purposes.
11 The following individuals commented on this agenda item: Growth Management
12 Administrator Kara Irwin.
13 Mayor Russo opened the public hearing.
14 Mayor Russo closed the public hearing.
15 Councilmember Jablin made a motion for adoption of Resolution 33, 2009.
16 Vice Mayor Lew seconded.
17 Motion passed 5 -0.
18 The City Clerk read Ordinance 27, 2008 by title.
19 c. Ordinance 27. 2008 - (2nd reading and adoption) 10 Year Water Facilities Work
20 Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
21 amending its Comprehensive Development Plan to adopt the City's 10 -Year Water Facilities
22 Work Plan, in accordance with the mandates set forth in Sections 163.3177 and 163.3184, et
23 seq., Florida Statutes, providing for a comprehensive update to the Future Land Use,
24 Infrastructure, Conservation, Intergovernmental Coordination and Capital Improvement
25 Elements, affecting the pagination in each amended element and including revised text
26 necessary to update the data and analysis of the comprehensive plan; providing that the text,
27 as amended or revised, shall be substituted for and replace the existing text in all amended
28 elements; providing for transmittal to the State Land Planning Agency; providing a conflicts
29 clause, a severability clause and authority to codify; providing an effective date; and for other
30 purposes.
31 The following individuals commented on this agenda item: Planning Manager Nilsa
32 Zacarias.
33 Mayor Russo opened the public hearing.
34 Mayor Russo closed the public hearing.
35 Councilmember Jablin made a motion for adoption of Ordinance 27, 2008 on second
36 reading.
37 Vice Mayor Levy seconded.
38 Motion passed 5 -0.
39 The City Clerk read Ordinance 3, 2009.
40 d. Ordinance 3. 2009 - (1st reading) Amendment to the Future Land Use Element. An
41 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending its
42 Comprehensive Development Plan to adopt the criteria for areas highly suitable for more
43 intense office uses and to utilize the increased threshold intensity set forth in Section
44 380.0651(3)(d)2, Florida Statutes; providing for a Text Amendment to the Future Land Use
45 Element affecting the pagination in the amended element and including revised text necessary
46 to update the data and analysis of the Comprehensive Plan; providing that the text, as
47 amended, shall be substituted for and replace the existing text in the amended element(s);
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
04.02.09
I providing for transmittal to the State Land Planning Agency; providing a conflicts clause, a
2 severability clause, and authority to codify; providing an effective date; and for other purposes.
3 The following individuals commented on this agenda item: Jeff Marshall, Catalfumo
4 Construction, Growth Management Administrator Irwin.
5 Mayor Russo opened the public hearing.
6 The following individuals made public comments on this agenda item: John Chaplik, 715
7 Hudson Bay Drive, Palm Beach Gardens; Mayor Russo read the statement from Linda
8 Monroe, 619 Hudson Bay Drive, Palm Beach Gardens.
9 Mayor Russo closed the public hearing.
10 Councilmember Jablin made a motion for approval of Ordinance 3, 2009 on first reading.
11 Vice Mayor Levy seconded.
12 Motion passed 4 -1 with Councilmember Barnett dissenting.
13 X. RESOLUTIONS
14 XI. ORDINANCES (for Consideration on First Reading)
15 The City Clerk read Ordinance 17, 2009.
16 a. Ordinance 17, 2009 — Fire Prevention and Protection. An Ordinance of the City
17 Council of the City of Palm Beach Gardens, Florida amending Chapter 38, "Fire Prevention
18 and Protection" at Article III, "City of Palm Beach Gardens Fire Code" by repealing Section
19 38 -87 and readopting same, as revised in order to delete reference to a date specific edition of
20 the Florida Fire Prevention Code; further amending Chapter 38 by repealing Section 38 -89 in
21 its entirety and renumbering Sections 38 -90 through 38 -92 as new Sections 38 -89 through 38-
22 91 and reserving Section 38 -92 for future legislation; providing a conflicts clause, a
23 severability clause, and authority to codify; providing an effective date; and for other
24 purposes.
25 The following individuals commented on this agenda item: Deputy Chief Scott Fetterman.
26 Vice Mayor Levy made a motion for approval of Ordinance 17, 2009 on first reading.
27 Councilmember Jablin seconded.
28 Motion passed 5 -0.
29 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
30 Mayor Russo requested a motion agreeing to the standards to be used for the 2009 -2010
31 budget per City Manager Ferris' memorandum. There was a consensus of the City Council to
32 discuss at the April 16, 2009 meeting.
33 Councilmember Jablin stated his support of City Lobbyist DeRita.
34 Mayor Russo stated he wanted to know if anything illegal was done.
35 Councilmember Jablin made a motion for a vote of confidence for City Lobbyist Tom
36 DeRita.
37 Vice Mayor Levy seconded.
38 City Attorney Lohman clarified that City Lobbyist DeRita and his firm is currently
39 registered.
40 Motion passed 4 -1 with Councilmember Barnett dissenting.
41 XHL CITY ATTORNEY REPORT
42 City Attorney Lohman stated Midtown (Borland Center) and Gardens Station is moving
43 forward.
44 (The remainder of this page intentionally left blank)
45
46
47
48
49
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
04.02.09
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
XIV. ADJOURNMENT
Vice Mayor Lew made a motion to adjourn.
Councilmember Jablin seconded.
Motion passed 5 -0.
The meeting adjourned at 9:11 p.m.
The next regularly scheduled City Council meeting will be held April 16, 2009.
APPROVED:
Mayor
Jody Barnett uncilmember
Robert G. Premuroso, Councilmember
ATTEST:
Patricia Snider, CMC
City Clerk
Note: These 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 Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04.02.09
PAGE 5