HomeMy WebLinkAboutMinutes Council 0320081
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MARCH 20, 2008
The March 20, 2008 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:04 p.m. in the Council Chambers of the
Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida,
by Mayor Joseph Russo.
L PLEDGE OF ALLEGIANCE
H. ROLL CALL
The City Clerk called the roll and the following elected officials were found to be in
attendance: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin,
Councilmember Hal Valeche and Councilmember Jody Barnett.
Mayor Russo introduced Colleen Smith, Artistic Director, Florida Classical Ballet. She
introduced dance students costumed for their upcoming Don Quixote production,
April 4 -5, 2008 at the Eissey Theater.
III. ELECTION
a. Resolution 24, 2008 — Declaring results of the Municipal Election. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the
General Election held on March 11, 2008; and providing an effective date.
Motion
Councilmember Jablin made a motion to accept Resolution 24, 2008. Vice Mayor Levy
seconded. Motion carried unanimously, 5 -0.
b. Administer Oath of Office — The City Clerk administered the Oath of Office to
Councilmember Elect Robert Premuroso, Councilmember Eric Jablin and
Councilmember Jody Barnett.
Hal Valeche stepped down and Councilmember Premuroso was seated on the dais.
Mayor Joseph Russo reviewed highlights from the past three years and expressed his
thanks for the privilege of serving as Mayor.
IV. REORGANIZATION
Discussion ensued among Councilmembers whether to have public comments before the
reorganization. It was decided to wait for the Public Comments agenda item.
1. Appointment of a Temporary Chairman To Appoint Mayor.
Motion
Councilmember Jablin made a motion to appoint Mayor Joseph Russo as Temporary
Chair. Vice Mayor Levy seconded. Motion carried unanimously, 5 -0.
2. Appointment of Mayor.
Motion
Vice Mayor Levy made a motion nominating Councilmember Eric Jablin as Mayor.
Councilmember Robert Premuroso seconded.
Discussion ensued with Mayor Joseph Russo's support of Councilmember Eric Jablin for
Mayor. Councilmember Jody Barnett expressed her opposition.
Motion carried by a vote of 4 -1, with Councilmember Jody Barnett dissenting.
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3. Appointment of Vice Mayor.
Motion
Councilmember Joseph Russo made a motion to reappoint David Levy for another term
as Vice Mayor. Councilmember Robert Premuroso seconded. Motion carried by a vote of
4 -1, with Councilmember Jody Barnett dissenting.
4. Resolution 25, 2008 — Appointment of Mayor and Vice Mayor. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and
Vice Mayor for the City; and providing an effective date.
Motion
Councilmember Joseph Russo made a motion for Resolution 25, 2008 to reflect the
names of Mayor Eric Jablin and Vice Mayor David Levy. Vice Mayor David Levy
seconded. Motion carried unanimously, 5 -0.
Councilmember Russo announced receipt of a letter from the State of Florida stating its
review of State boards and committees to determine cost and possible ways to save
money. Discussion ensued to postpone the appointment of Councilmembers to City
external and internal boards for a similar review to that of the State. City Manager Ron
Ferris was asked to compile a report on the boards and committees and present it at the
next City Council meeting.
Discussion ensued regarding Councilmember Russo's suggestion that Mayor Eric Jablin
and Vice Mayor Levy should be appointed to the Scientific Overlay Board.
Motion
Councilmember Joseph Russo made a motion for Mayor Eric Jablin to be appointed as
the City Representative to the Scientific Overlay Board with Vice Mayor David Levy as
the Alternate. Vice Mayor David Levy seconded. Motion carried unanimously, 5 -0.
Councilmember Jody Barnett requested appointment as the City representative to the
League of Cities. Vice Mayor David Levy acknowledged his nomination as a Large City
Board Member to the League of Cities Board. Councilmember Barnett inquired how this
happened. City Manager Ron Ferris explained there are two ways to be appointed to the
League of Cities: 1) Nomination by the Nominating Committee as an At Large Board
Member and 2) City- appointed representative.
Motion
Councilmember Joseph Russo made a motion to appoint Councilmember Jody Barnett as
the City of Palm Beach Gardens City Representative to the League of Cities. Motion
failed because Councilmember Barnett declined the nomination.
Discussion ensued on the League of Cities City Representative position. It was decided to
review the appointment responsibilities and discuss the issue at the next City Council
meeting.
5. Appointment of Council to External Boards.
Postponed to April 3, 2008 City Council meeting.
6. Appointment of Council to Internal Boards.
Postponed to April 3, 2008 City Council meeting.
V. ADDITIONS, DELETIONS, MODIFICATIONS
a. Additions — None.
b. Deletions
Resolution 22, 2008 — Development Order Amendment. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida amending the development order for Donald
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
03.20.08
I Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the
2 North, Central Boulevard to the West, and Military Trail to the East, as more particularly
3 described herein, to eliminate certain conditions of approval related to the provision of
4 shared parking; providing conditions of approval; providing waivers; and providing an
5 effective date.
6 Senior Project Manager Marty R.A. Minor, AICP, agent for Donald Ross Village,
7 requested postponement of Resolution 22, 2008 in a letter dated March 18, 2008 to date
8 certain of April 17, 2008.
9 c. Modifications
10 Ordinance 6, 2008 — General Employees' Pension Plan. Page 1 of the staff report should
I1 read: recommendation to approve. The agenda has been updated on the laptop and a
12 corrected copy of the staff report provided to each Councilmember.
13 Motion
14 Councilmember Russo made a motion to accept the Additions, Deletions and
15 Modifications. Vice Mayor Levy seconded. Motion carried unanimously, 5 -0.
16 Vl. ANNOUNCEMENTS AND PRESENTATIONS
17 None.
18 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
19 REPORTS
20 Councilmember Jody Barnett reported the Annual Easter Egg Hunt will be held Saturday,
21 March 22, 2008, suggested the 2009 City Budget discussions be held in May in an
22 informal open forum and then reflected on the election.
23 Vice Mayor David Levy reported on his attendance at the Biotech Overlay Board
24 meeting. Judges for Senior Projects by students at Palm Beach Gardens High School and
25 Dwyer High School are needed.
26 Councilmember Joseph Russo reported on fund raising efforts on behalf of Fire Rescue
27 Lieutenant Rafael Vazquez. Councilmember Russo reported on his meeting with County
28 Commissioner Karen Marcus regarding traffic and arterial analysis. City Engineer Dan
29 Clark and staff are preparing a presentation on traffic and de minimis. Councilmember
30 Russo cited Dan Catalfumo's approval for a hotel, a commercial project, in Parcel 5B.
31 Commissioner Marcus wants to develop an Interlocal Agreement that all traffic approvals
32 should go through the City Council and then coordinate with the County. At the next City
33 Council meeting Councilmember Russo would like to discuss the new building height
34 Ordinance. Councilmember Russo suggested consideration of a designated area for
35 election signs. Councilmembers Russo and Premuroso attended the grand re- opening of
36 the Comcast building.
37 Councilmember Robert Premuroso thanked his family and supporters for their work
38 during his campaign and promised the Council his dedication.
39 Mayor Eric Jablin welcomed Councilmember Premuroso to the City Council and
40 extended his thanks and respect to Councilmember Valeche for his work during the past 3
41 years. Mayor Jablin expressed his thanks to his wife and supporters during the election.
42 Mayor Jablin noted the Amanda Buckley Memorial in the hallway outside of Council
43 Chambers. Mayor Russo reported his attendance at the Metropolitan Planning
44 Organization (MPO) meeting. The Biotech Land Advisory Board (BLAB) presented their
45 study, Toolbox, for municipalities and jurisdictions to help prepare for the economic
46 development generated by Scripps and the Max Planck Society.
47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGES
03.20.08
I Vl. CITY MANAGER REPORT
2 City Manager Ron Ferris asked Finance Administrator Allan Owens to present his report
3 on the Florida Department of Emergency Services notification of reimbursement for
4 $1,121,639.83 on the claim for hurricane cleanup. It should be available within the next 7
5 to 10 days. Councilmember Russo thanked Allan Owens for his vigilance.
6 V11. COMMENTS FROM THE PUBLIC
7 Mayor Jablin declared the Public Comment segment open.
8 Hal Valeche, 128 Viera Drive, Palm Beach Gardens, noted the Councilmembers sit too
9 low on the dais making it difficult for them to be seen by the audience. Mr. Valeche
10 suggested raising the dais or getting new chairs that sit higher. He was in favor of the
11 lowest cost solution.
12 Pat Hughey, at the request of Lauren Furtado, read Ms. Furtado's objections to Mayor
13 Jablin's stated accomplishments.
14 Richard Jacob, 16 Bermuda Lake Drive, Palm Beach Gardens, requested
15 Councilmembers work together.
16 Joan Altwater, President, Northlake Neighborhood Coalition, 9180 Cypress Hollow
17 Drive, Palm Beach Gardens, congratulated Councilmember Robert Premuroso on his
18 election to the City Council and congratulated Mayor Eric Jablin on his re- election to the
19 City Council and his election as Mayor. Ms. Altwater also congratulated Councilmember
20 Barnett on her re- election. Ms. Altwater cited issues facing the City and requested
21 Councilmembers work together
22 Pat Hughey, Reed Drive, Palm Beach Gardens, congratulated Councilmember Barnett on
23 her re- election and Councilmember Premuroso on his election. Ms. Hughey thanked Hal
24 Valeche for his service and wished him good luck in his future endeavors in State
25 government. Ms. Hughey suggested term limits for elected officials, requested job
26 descriptions for Councilmembers and attendance standards at regularly scheduled
27 meetings similar to those of City employees. Ms. Hughey referred to her request last fall
28 for a written evaluation form for the City Manager position. She asked if it has been done
29 yet. Ms. Hughey requested a status of the PGA Boulevard flyover art work.
30 Anthony Tricarico, 11720 Ficus Street, Garden Woods, Palm Beach Gardens,
31 congratulated Councilmembers on their election. He stated his issues with a Code
32 Enforcement officer and with Code Compliance Supervisor Mohammed Jamal. Vice
33 Mayor Levy suggested Mr. Tricarico meet with Code Enforcement Operations Director
34 David Reyes who was in the audience.
35 Thomas DeRita, 5770 Whirlaway Road, Palm Beach Gardens, lobbyist for the City,
36 serving on the Gang Task Force, discussed funding for the upcoming fiscal year. Due to
37 State funding cuts, of the $10,000,000.00 requested $3,000,000.00 was approved and
38 Palm Beach Gardens will receive a fair share. Mr. DeRita noted that Sheriff Rick
39 Bradshaw and Chief Stephen Stepp serve on the Gang Task Force. He also thanked City
40 Manager Ferris for his support of the City of Palm Beach Gardens participation in the
41 Gang Task Force.
42 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, congratulated the winning
43 candidates and requested everyone work together and when there is dissent that it be
44 civil, not personal.
45 Marilyn Lou Jacobs, 16 Bermuda Lake Drive, Palm Beach Gardens, congratulated the
46 winning candidates and thanked City Manager Ron Ferris for his oversight and removal
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
03.20.08
I of approximately $2,100,000.00 in City funds from the State Board of Administration
2 (SBA), thereby preventing a loss.
3 Roger Blangy, 11658 Hemlock Street, Palm Beach Gardens, requested a new Resolution
4 on the Florida East Coast Railroad crossing at Kyoto Gardens Drive. Mayor Jablin
5 acknowledged receipt of Mr. Blangy's letter, which will become part of the record.
6 Richard Musolino, 10901 N Military Trail, Palm Beach Gardens, owner of Below Zero
7 ice cream store, discussed restrictions of neon window signs in the sign code. Mr.
8 Musolino cited receiving a letter in January stating the color neon window signs must be
9 turned off because they are colored and present a safety hazard. Changing to white signs
10 would cost between $500.00 and $1,000.00, an unfair cost to small business merchants.
11 John B. Cleary, 4167 Lakespur Circle N, Palm Beach Gardens, discussed the restrictions
12 of neon signs in the sign code stating it is overly broad and vague. Mr. Cleary suggested
13 the merchants be able to place a neon sign on the back wall of their businesses so people
14 would know they are open. He also requested a meeting with the City Attorney and other
15 commissioners to see if an exception can be made for the back wall. Mayor Jablin
16 suggested the issue be looked at. He also stated the recommendations were made by a
17 citizen's task force years ago. Councilmember Russo stated the sign code was originally
18 developed in the 1980's, reviewed in the 1990's and reviewed again in 2000.
19 Councilmember Barnett requested a workshop on the sign code because of ongoing
20 issues.
21 Mayor Jablin asked for further comments. With no further Comments from the Public he
22 moved on to the Consent Agenda.
23 VI11. CONSENT AGENDA
24 Mayor Jablin moved the Consent Agenda.
25 a. Approve January 17, 2008 City Council minutes.
26 b. Approve February 7, 2008 City Council minutes.
27 c. Approve February 21, 2008 City Council minutes.
28 d. Accept Quarterly Financial Report.
29 Motion
30 Vice Mayor Levy made a motion to approve the Consent Agenda. Councilmember Russo
31 seconded. Motion was carried unanimously, 5-0.
32 IX. PUBLIC HEARINGS
33 Part I — Quasi - judicial
34 Mayor Jablin announced the procedures that would be followed in tonight's quasi -
35 judicial proceedings. The City Clerk swore in all those intending to offer testimony in
36 tonight's public hearings. The City Clerk read the title for Resolution 21, 2008.
37 a. Resolution 21, 2008 — Mirasol Walk PUD Drugstore. � A Resolution of the City
38 Council of the City of Palm Beach Gardens, Florida amending the Mirasol Walk Planned
39 Unit Development (PUD), located at the Northwest corner of the Ronald Reagan
40 Turnpike and PGA Boulevard, to allow the development of a 14,820 -square -foot
41 drugstore with two drive -thru lanes on two outparcels comprising 2.76 acres, as described
42 more particularly herein; providing waivers; providing conditions of approval; and
43 providing an effective date.
44 Mayor Jablin opened the public hearing on Resolution 21, 2008 and requested ex parte
45 communication, with none declared.
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The petitioner's presentation was made by Anne Booth, Urban Design Studio,
representing North American Properties, Mirasol Walk. Ms. Booth described the
location, building, parking, architecture, landscaping and signage. No waivers were
requested. The Planning, Zoning and Appeals Board did recommend approval.
Mayor Jablin requested questions of the petitioner, with none forthcoming. Mayor Jablin
requested comments of staff, with none forthcoming. Mayor Jablin opened the public
hearing requesting anyone wishing to speak for or against Resolution 21, 2008 come
forward.
Julie Rosow, 9043 Cypress Hollow Drive, Palm Beach Gardens, cited power outages
during the hurricanes and inquired if backup power is required. Mayor Jablin
complimented Ms. Rosow on her suggestion.
Vice Mayor Levy complimented the staff for excellent report preparation.
Mayor Jablin closed the public hearing and brought Resolution 21, 2008 back up to
Council for discussion.
Motion
Councilmember Russo made a motion for approval of Resolution 21, 2008. Vice Mayor
Levy seconded. Motion carried unanimously, 5 -0.
Mayor Jablin stated Resolution 22, 2008 had been pulled. The City Clerk read the title for
Resolution 22, 2008.
b. Resolution 22, 2008 — Mirasol Walk PUD Drugstore. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending the development order for
Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road
to the North, Central Boulevard to the West, and Military Trail to the East, as more
particularly described herein, to eliminate certain conditions of approval related to the
provision of shared parking; providing conditions of approval; providing waivers; and
providing an effective date.
Mayor Jablin declared the public hearing open and requested ex parte communications.
Mayor Jablin declared a conversation with Peter Brock. Mayor Jablin stated Resolution
22, 2008 will be continued until April 17, 2008. Mayor Jablin opened the public hearing
requesting anyone wishing to speak for or against Resolution 22, 2008 come forward.
Seeing none, Mayor Jablin left the public hearing open.
Motion
Councilmember Russo made a motion for postponement of Resolution 22, 2008 to the
April 17, 2008 meeting. Vice Mayor Levy seconded. Motion carved unanimously, 5 -0.
The City Clerk read the title for Resolution 23, 2008.
c. Resolution 23, 2008 — CVS Prosperity Center. A Resolution of the City Of Palm
Beach Gardens, Florida amending the signage criteria and design guidelines for the
outparcel building by allowing federally registered tenants to utilize their corporate colors
and logo for Prosperity Centre Planned Unit Development (PUD), generally bounded by
PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the
East, as described more particularly herein; and providing an effective date.
Mayor Jablin opened the public hearing on Resolution 23, 2008 and requested ex pane
communication, with none declared. Mayor Jablin invited petitioner presentations.
Alfred Malefatto, Esq., Greenberg Traurig Law Firm, representing the petitioner, CVS
Pharmacy and Equity One, property owner, requested approval of an amendment to
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Resolution 19, 1993. Mr. Malefatto explained CVS' request to use its trademark red color
sign, post a sign for the subtenant, Minute Clinic, and replace the monument signs.
Councilmember Barnett stated she had no objection to the petitioner's request.
Councilmember Barnett asked Growth Management Administrator Kara Irwin why the
petitioner was required to come to the City Council for the signage approval. Kara Irwin
explained he had to come to Council for approval of the red color signage because the
Resolution approved white signage. Councilmember Barnett requested to review the
monument signs, which she believes were approved by a development order, at a later
date, to which Ms. Irwin agreed. Councilmember Russo inquired about the federally
approved trademark. Ms. Irwin stated the color is registered and is compatible. Kara
Irwin explained that allowing the change of color on the fascia around the sign would set
a bad precedent. Vice Mayor Levy questioned the color blue for the Minute Clinic sign.
Ms. Irwin explained Minute Clinic is technically licensed as a separate business.
Discussion ensued about the color of the fascia behind the sign. Councilmember Barnett
did not take issue with the fascia color change behind the sign. Vice Mayor Levy stated
he supported the Planning, Zoning and Appeals Board's (PZAB) unanimous
recommendation against the change of color for the fascia behind the sign.
Councilmember Russo agreed with the PZAB findings. Councilmember Premuroso did
not take issue with the change of fascia color behind the sign. Mayor Jablin agreed with
the fascia color change because he feels it makes the sign more readable. Discussion
ensued regarding the wording of the Resolution to allow the fascia color change behind
the sign. City Attorney Christine Tatum clarified wording in Resolution 23, 2008, page 5,
line 2 currently reads: "the applicant shall paint the fascia consistent with the color of the
surface to which the signs are attached."
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against Resolution 23, 2008 come forward. With no public comments, Mayor Jablin
closed the public hearing and brought Resolution 23, 2008 back up to Council for
discussion.
Motion
Councilmember Barnett made a motion for approval of Resolution 23, 2008 with the
changes that have been read into the record. Vice Mayor Levy seconded. Motion carried
unanimously, 5 -0.
X1. ORDINANCES (For Consideration on First Reading)
The City Clerk read the title for Ordinance 6, 2008.
a. Ordinance 6, 2008 — General Employees' Pension Plan. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to the General Employees'
Pension Plan (DB); amending Section 3 -128, Code of Ordinances entitled "Board of
Trustees "; providing for codification; and providing an effective date.
Finance Administrator Allan Owens explained the General Employees' Pension Plan was
closed to new employees in May 1995 and only two active employees remain. The
requested change is to alter the Board composition in response to the dwindling number
of participants and reduced number of meetings to cut costs as follows: three residents
instead of two, one member of the system instead of two, a retiree or City resident as the
fourth member and the fifth member would remain a trustee chosen by the Board with
ratification by Council. Also requested is a change from quarterly meetings to semi-
annual meetings as a cost savings. There is no cost element to the requested changes.
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Staff recommends approval. Discussion ensued with Councilmember Russo inquiring
why the plan could not be closed and the employees moved to a different plan. Allan
Owens explained there would be a benefit loss to the employees because the closed plan
uses a higher multiplier than the Florida Retirement System (FRS). Corrections to
Ordinance 6, 2008 include changing the Agenda Cover Memorandum from
recommendation to deny to recommendation to approve (as noted under Modifications)
and clarification of Ordinance 8, 2008 (as appears on- screen) to Ordinance 6, 2008 (as
appears on the printed agenda).
Motion
Councilmember Russo made a motion in favor of Ordinance 6, 2008. Vice Mayor Levy
seconded. Motion carried unanimously, 5 -0.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
Councilmember Barnett reported receiving an e -mail from Joan Altwater, President,
Northlake Neighborhood Coalition, and understands there is an agreement between the
Coalition and Christ Fellowship. Discussion ensued among Councilmembers. City
Attorney Christine Tatum confirmed the City's position.
XII1. CITY ATTORNEY REPORT
None.
(The remainder of this page intentionally left blank.)
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PAGE 9
I XIV. ADJOURNMENT
2 There being no further business to come before the Council, Councilmember Russo made
3 a motion for adjournment. Vice Mayor :Le econded. The meeting was adjourned at
4 9:07 p.m.
5
6 APPROVED: l
7 n
/' j - n
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33 ATTEST:
34
Dav7zlZ r
R. Russo, Councilmember
4 4 —5d'
Jody Baritt, Co ilmember
Robert G. Premuroso, Councilmember
35
36..r.,......_ ......... .....,...
37 Patricia Snider, CMC
38 City Clerk
39
40 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
41 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
42 All referenced attachments on file in the Office of the City Clerk.
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