HomeMy WebLinkAboutMinutes Council 082108I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 AUGUST 21, 2008
6 The August 21, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:09 p.m. in the Council Chambers of the Municipal Complex,
8 located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin.
9 I. PLEDGE OF ALLEGIANCE
10 II. ROLL CALL
11 The City Clerk called the roll and the following elected officials were found to be in attendance:
12 Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody
13 Barnett and Councilmember Robert Premuroso.
14 III. ADDITIONS, DELETIONS, MODIFICATIONS
15 None.
16 IV. ANNOUNCEMENTS AND PRESENTATIONS
17 a. Recreation Director Charlotte Presensky presented the Honorable Carl Domino and Legislative
18 Aide Laura Coburn from Senator Atwater's office. State Representative Domino presented two
19 checks to Mayor Jablin for $135,000.00 each from the Florida Recreation Development Assistance
20 Program (FRDAP) Funding Agreement. Mayor Jablin and Councilmember Russo thanked
21 Representative Domino.
22 b. City Engineer John Donahue presented Resolution 75, 2008 regarding the Seacoast Utility
23 Authority Easement for the installation of water mains on City property. John Donahue introduced
24 Bruce Mallory, Boyle Engineering and Rim Bishop, Chief Executive Officer of Seacoast Utility
25 Authority. Bruce Mallory presented the proposed pipeline project. Vice Mayor Levy asked for
26 clarification of the route of the pipeline and the method for drilling. Mayor Jablin inquired about the
27 amount of disruption in the neighborhood and asked that residents be notified in advance.
28 Councilmember Barnett thanked Seacoast Utility Authority for providing such a consistently
29 healthy water supply. Councilmember Russo inquired about the status of the water restrictions. Rim
30 Bishop stated the South Florida Water Management District is proposing to make the two- day -per-
31 week watering permanent in October. This area needs only 6 inches of rain per year to provide all
32 the water needed to the residents. Mayor Russo asked that City Council take a role in the water
33 restriction problem. Rim Bishop stated that all property owners along the pipeline will receive
34 written notification before the work begins.
35 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
36 Councilmember Premuroso recognized Mike Kelly, Parks Director, and his staff for their work
37 during the Southeast Regional Baseball Tournament. Councilmember Premuroso asked City
38 Manager Ron Ferris to recognize the Palm Beach Gardens team at a future meeting. National Night
39 Out was a success. Councilmember Premuroso recognized the Police Department for their
40 participation in a prescription drug bust operation. The Budget Oversight Committee concurred with
41 City Council on the proposed 5.25 millage rate. Councilmember Russo thanked staff for the budget
42 presentations. A building height referendum is circulating due to some type of misunderstanding or
43 disagreement. Councilmember Russo will contact Terence Brady for a discussion when he returns
44 from vacation in August. Vice Mayor Levy attended a recognition ceremony for the Marriott, which
45 received a one palm tree designation from the Department of Environmental Protection (DEP) for
46 being a green lodging facility. The Parks and Recreation Advisory Board (RAB) voted
47 unanimously, 7 -0, to purchase the District Park. The City's parks have been made American with
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I Disabilities Act (ADA)- compliant. Golf camp was successful. Master planning was done for the
2 Lilac Street/Plant Drive park. PGA National park will have sod installed soon. Councilmember
3 Barnett reported the Palm Beach County Commission voted 6 -1 for approval of Callery Judge.
4 Councilmember Barnett thanked staff for representing the City at the meeting and stating the City's
5 position and Commission Jeff Santamaria for his vote against the project and support for Palm
6 Beach Gardens. Mayor Jablin thanked staff for the budget presentations.
7 VI. CITY MANAGER REPORT
8 City Manager Ron Ferris reported that a voter referendum for the purchase of the District Park
9 would be impossible for the November ballot. A special election would cost $77,000.00. Financing
10 options were provided to Councilmembers. Mayor Jablin asked City Council to authorize him to
11 meet and discuss the possible purchase of the District Park with County Commissioner Karen
12 Marcus. Councilmember Russo stated his reservations regarding the purchase. Vice Mayor Levy
13 stated the RAB's concerns about restrictions that would encumber the District Park.
14 Councilmember Barnett stated her support for the purchase of the District Park. Councilmember
15 Premuroso stated his concerns regarding the purchase of the District Park. Councilmembers
16 supported Mayor Jablin meeting with County Commission Karen Marcus to discuss the purchase of
17 the District Park.
18 VII. COMMENTS FROM THE PUBLIC
19 Charles Hathaway, 4808 Eugenia Drive, Palm Beach Gardens, stated his concerns about the
20 agreements for communities maintaining medians.
21 Richard Rusdon, 5125 Magnolia Bay Circle, Palm Beach Gardens, stated his concerns about the
22 agreements for communities maintaining medians.
23 Ms. Mihan, Magnolia Bay, Palm Beach Gardens, stated her concerns about the agreements for
24 communities maintaining medians.
25 Richard Kurtt, 4720 Dovehill Drive, Palm Beach Gardens, stated his concerns about the agreements
26 for communities maintaining medians.
27 Charles Morgan, 4600 Bontia Drive, Palm Beach Gardens, Magnolia Bay Home Owner's
28 Association (HOA) president, stated his concerns about the agreements for communities
29 maintaining medians.
30 Vicki Carlan, 5179 Magnolia Bay, Palm Beach Gardens, stated her concerns about the agreements
31 for communities maintaining medians.
32 Liz Doroba, 2110 E Myrtlewood Circle, Palm Beach Gardens, stated her concerns about the
33 agreements for communities maintaining medians.
34 Jeremy Ashton, 6104 Myrtlewood Circle West, Palm Beach Gardens, stated his concerns about the
35 agreements for communities maintaining medians and explained the damage done by cars from
36 Dwyer High School events.
37 John Lauria, 4928 Grassleaf Drive, Palm Beach Gardens, stated his concerns about the agreements
38 for communities maintaining medians.
39 Jan Bel Jan, 5117 Magnolia bay Circle, Palm Beach Gardens, stated her concerns about the
40 agreements for communities maintaining medians.
41 City Manager Ron Ferris stated City Council's position from years past was that new development
42 will pay for itself. City Manager Ferris explained the details of the City taking over all median
43 maintenance and an approximate cost of $.82 million. Discussion ensued regarding the possibilities
44 that would allow residents to include the cost as a tax deduction.
45 Suzanne Archer, 3187 -B Gardens East Drive, Palm Beach Gardens, stated her concerns regarding
46 open permits at Sandalwood.
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Roger Blangy, 11658 Hemlock Street, Palm Beach Gardens, stated his concern about the quiet zone
surrounding the Florida East Coast (FEC) railroad tracks at the Kyoto Gardens Drive crossing.
Don Hearing, 1934 Commerce Lane, Jupiter, spoke on behalf of the PGA Corridor Association.
Eileen Tucker, Shady Lakes, Palm Beach Gardens, stated the Saturday meeting about the budget
held at Woodland Lakes was sponsored by the Palm Beach Gardens Residents Coalition. Ms.
Tucker stated her concerns about the preschool in Midtown. Interim Attorney R. Max Lohman
stated the comments cannot be part of the record because Ms. Tucker will not be here for cross
examination by the petitioner.
VIII. CONSENT AGENDA
a. Approve Minutes from June 5, 2008 Regular City Council meeting.
b. Approve Minutes from June 19, 2008 Regular City Council meeting.
c. Resolution 63, 2008 — Palm Beach Workforce Development Consortium. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the execution of the Second
Amendment to the Interlocal Agreement creating the Palm Beach Workforce Development
Consortium; providing an effective date; and for other purposes.
d. Resolution 64, 2008 — Traffic Control Agreement. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida consenting to an Assignment and assumption Agreement between
PGA National Venture, LLLP and WFGR Resort Core V, LLC affecting the PGA National Traffic
Control Agreement approved by Resolution 99, 2006; providing an effective date; and for other
purposes.
e. Resolution 65, 2008 — Conveyance of Kyoto Gardens Drive and Lake Victoria Gardens Drive.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting the
conveyance of the road rights -of -way of Kyoto Gardens Drive from Alternate AlA to Fairchild
Gardens Avenue and Lake Victoria Gardens Avenue from Kyoto Gardens Drive to PGA Boulevard
from Northern Palm Beach County Improvement District to the City of Palm Beach Gardens;
providing an effective date; and for other purposes.
f. Resolution 74, 2008 — Contract Award for Pavement Resurfacing Services. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving an Agreement for Pavement
Resurfacing Services, in an amount not to exceed $157,720.00, with Ranger Construction
Industries, Inc., via an existing contract with the Village of Wellington (contract dated April 5,
2007); authorizing the Mayor to execute the agreement; providing an effective date; and for other
purposes.
g. Resolution 75, 2008 — Easement in favor of Seacoast Utility Authority. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida granting an Easement to Seacoast Utility
Authority for the installation, operation, maintenance, and service of water lines and appurtenant
facilities in, on, under, and across the easement premises; authorizing the Mayor to execute the
Easement; providing an effective date; and for other purposes.
h. Proclamation — Local 2928 Firefighter Appreciation Month.
Motion
Vice Mayor Levy made a motion for approval
seconded. The motion passed unanimously, 5 -0.
IX, PUBLIC HEARINGS
Part I — Quasi - judicial
of the Consent Agenda. Councilmember Barnett
Mayor Jablin announced the procedures that would be followed in tonight's quasi-judicial
proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight's
public hearings. The City Clerk read Resolution 58, 2008 by title.
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I a. Resolution 58, 2008 — Art in Public Places for the Doubletree Expansion. A Resolution of the
2 City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the
3 Doubletree Hotel Planned Unit Development (PUD) Executive Meeting Center, as described more
4 particularly herein; providing for conditions of approval; providing an effective date; and for other
5 purposes.
6 Mayor Jablin opened the public hearing and requested ex parte communications. Mayor Jablin
7 stated he is the Council Liaison to the Art in Public Places (AIPP) Advisory Board and has heard
8 the presentation.
9 Mark Fuller, artist for the DoubleTree Hotel expansion project, described the location for his
10 ArcSolar sculpture, Leaders in Energy and Environmental Design (LEED)- certified piece. Mr.
11 Fuller gave a presentation and displayed a sample from the piece. Vice Mayor Levy complimented
12 the art and established the materials and anchoring to be used. Mayor Jablin and Councilmember
13 Premuroso complimented the art work.
14 Patricia Hughey, Palm Beach Square, Palm Beach Gardens, questioned if the paint will fade and
15 who will be responsible for the maintenance of the art work.
16 Mark Fuller explained the ArcSolar piece has a powder- coated finish and will not fade and the
17 property owner will maintain it.
18 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated the ArcSolar piece is gorgeous.
19 Mayor Jablin closed the public hearing and brought Resolution 58, 2008 back up to City Council.
20 Motion
21 Vice Mayor Levy made a motion for adoption of Resolution 58, 2008. Councilmember Russo
22 seconded. The motion passed unanimously, 5 -0.
23 The City Clerk read Resolution 66, 2008 by title.
24 b. Resolution 66, 2008 — Palm Beach Community Church Daycare/Preschool. A Resolution of the
25 City Council of the City of Palm Beach Gardens, Florida approving a major conditional use to allow
26 a Preschool/Daycare for 85 students within Building G of the Borland Center / Midtown Planned
27 Unit Development, located on the North side of PGA Boulevard between Garden Square Boulevard
28 and Shady Lakes Drive, as more particularly described herein, to be referred to as the "Palm Beach
29 Community Church Daycare / Preschool "; providing conditions of approval; providing an effective
30 date; and for other purposes.
31 Mayor Jablin opened the public hearing and requested ex parte communications. Councilmembers
32 Premuroso and Barnett acknowledge reading a communication from Vito DeFrancisco. No other ex
33 parte communication was declared.
34 Donaldson Hearting, representing Palm Beach Community Church, described the property, uses,
35 parking, preschool, and access. Mr. Hearing acknowledged receipt of a letter from Mr. DeFrancisco
36 at 5:00 p.m. this day. Mr. Hearing explained the applicant sent multiple mailings explaining the
37 project and addressed alcoholic sales, outdoor play area safety. Councilmember Barnett inquired
38 about the interior of the building. Mr. Hearing described the area and showed a slide, stated over
39 100 attend Sunday school and described the playground fence and mulch. Councilmember
40 Premuroso stated his concern for safety because of the fence height. Growth Management
41 Administrator Kara Irwin explained the code exemption for alcoholic beverages being sold by
42 restaurants within 500 feet of a church or school. Vice Mayor Levy stated his concerns.
43 Mayor Jablin opened the public hearing and invited those wishing to speak to come forward.
44 Eileen Tucker, Shady Lakes, Palm Beach Gardens, stated her concerns about the drop -off area and,
45 liquor sales, playground fencing safety and the difference between a preschool and daycare facility.
46 Donaldson Hearing explained a daycare and preschool are used interchangeably and an attendant
47 will always be present when children are in the playground.
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I Mayor Jablin closed the public hearing and brought Resolution 66, 2008 back up to City Council.
2 Councilmember Barnett requested a conditional use for a higher, opaque, more secure fence. Chief
3 of Police Stephen Stepp objected to screening the playground. Vice Mayor Levy stated he is not
4 concerned about the fence.
5 Motion
6 Councilmember Barnett made a motion for adoption of Resolution 66, 2008 with the condition that
7 a minimum 5 -foot fence based upon Crime Prevention Through Environmental Design (CPTED)
8 requirements. Councilmember Premuroso seconded. Mayor Jablin stated he believes the fence is
9 adequate as it is and it should be certified to Department of Children and Families (DCF)
10 specifications. Councilmember Russo asked why the fence was approved originally at 48 inches.
11 Mr. Hearing explained DCF requires a 48 -inch high fence and that the applicant would like to finish
12 tonight. Mr. Hearing stated that following the DCF certification the petitioner will bring the fence
13 issue back before the City Council. Councilmember Barnet restated her concern for safety. The
14 motion was amended to approve the major conditional use this evening contingent upon the
15 petitioner's approval from the Department of Health and return after receiving the certification from
16 the Department of Health and a decision will be made about the fence. Councilmember Premuroso
17 seconded the amended motion. The motion passed unanimously, 5 -0.
18 The City Clerk read Resolution 68, 2008 by title.
19 c. Resolution 68, 2008 — Village Square Professional Park Plat III. A Resolution of the City
20 Council of the City of Palm Beach Gardens, Florida approving the Village Square Plat No. 3;
21 providing an effective date; and for other purposes.
22 Mayor Jablin opened the public hearing. No ex parte communication was declared. No one came
23 forward to be heard. Mayor Jablin closed the public hearing and brought Resolution 68, 2008 back
24 up to City Council.
25 Motion
26 Vice Mayor Levy made a motion for adoption of Resolution 68, 2008. Councilmember Barnett
27 seconded. The motion passed unanimously, 5 -0.
28 Part II — Non - Ouasi - iudicial
29 The City Clerk read Ordinance 15, 2008 by title.
30 a. Ordinance 15, 2008 — (2nd reading and adoption) Convenience Business Security. An
31 Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Convenience
32 Business Security; creating a new Section 78 -193 to be entitled "Convenience Business Security";
33 providing a conflicts clause; providing a severability clause; providing authority to codify;
34 providing an effective date; and for other purposes.
35 Mayor Jablin opened the public hearing. No ex parte communication was declared. Chief of Police
36 Stephen Stepp stated there has been no change between the first reading and the second reading.
37 With no one wishing to speak Mayor Jablin closed the public hearing and brought Ordinance 15,
38 2008 back up to City Council.
39 Motion
40 Vice Mayor Levy made a motion for adoption of Ordinance 15, 2008 on second reading.
41 Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
42 The City Clerk read Ordinance 21, 2008 by title.
43 b. Ordinance 21, 2008 — (1st reading ) Amending the Fiscal Year 2007/2008 Budget. An Ordinance
44 of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
45 Gardens' Budget for the Fiscal Year beginning October 1, 2007, and ending September 30, 2008,
46 inclusive; providing an effective date; and for other purposes.
47 Mayor Jablin opened the public hearing. No ex parte communication was declared.
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I Councilmember Premuroso inquired about the projected decrease in electric franchise fees. Finance
2 Director Allan Owens stated it is due to vacant residences and commercial properties.
3 Mayor Jablin closed the public hearing and brought Ordinance 21, 2008 back up to City Council.
4 Motion
5 Vice Mayor Levy made a motion for adoption of Ordinance 21, 2008 on first reading.
6 Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
7 The City Clerk read Ordinance 26, 2008 by title.
8 c. Ordinance 26, 2008 — (1st reading Amending_ Fiscal Year 2007/2008 Budgeted Fund Balance
9 Carryover. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
10 the Fiscal Year 2007/2008 budgeted fund balance carryover to actual amounts per the Fiscal Year
11 2007 audit; providing an effective date; and for other purposes.
12 Mayor Jablin opened the public hearing. No ex parte communication was declared. With no one
13 wishing to be heard Mayor Jablin closed the public hearing and brought Ordinance 26, 2008 back
14 up to City Council
15 Motion
16 Vice Mayor Levy made a motion for adoption of Ordinance 26, 2008 on first reading.
17 Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
18 X. RESOLUTIONS
19 The City Clerk Read Resolution 70, 2008 by title.
20 a. Resolution 70, 2008 — Approving the Renewal of Insurance Benefits. A Resolution of the City
21 Council of the City of Palm Beach Gardens, Florida approving the renewal of Blue Cross Blue
22 Shield of Florida, Policy Number 91062, Guardian Policy Number 407008, and Lincoln Financial
23 Policy Numbers 000010074146 and 000010074147, for Fiscal Year 2008/2009; providing authority
24 for the City Manager to execute all necessary renewal agreements; providing an effective date; and
25 for other purposes.
26 Motion
27 Vice Mayor Levy made a motion for adoption of Resolution 70, 2008 on first reading.
28 Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
29 The City Clerk Read Resolution 72, 2008 by title.
30 Resolution 72, 2008 — Appointment to the Board of Trustees. A Resolution of the City Council of
31 the City of Palm Beach Gardens, Florida, providing for the reappointment of one (1) member to the
32 Board of Trustees of the City of Palm Beach Gardens General Employee Pension Board; providing
33 an effective date; and for other purposes.
34 Mayor Jablin recommended applicant Brandon Dorsey. Councilmembers stated both applicants
35 were qualified but would agree with Mayor Jablin's recommendation.
36 Motion
37 Councilmember Russo made a motion appointing Brandon Dorsey. Vice Mayor Levy seconded.
38 The motion passed unanimously, 5 -0.
39 XI. ORDINANCES (For Consideration on First Reading)
40 The City Clerk read Ordinance 12, 2008 by title.
41 a. Ordinance 12, 2008 — Land Use Designation of the Loxahatchee Slough and Sandhill Crane. An
42 Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale
43 amendment to its Comprehensive Development Plan in accordance with mandates set forth in
44 Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to
45 City- initiated application no. CPMA- 08 -04- 000008, which provides for an amendment to the City's
46 Future Land Use Map designating fourteen (14) parcels of real property comprising approximately
47 two thousand twenty -nine (2,029 ±) acres, more or less, in size as "Cons — Conservation "; such
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I parcels of land are located North of Beeline Highway and PGA Boulevard, informally known as the
2 "Loxahatchee Slough and Sandhill Crane Natural Areas "; providing for compliance with all
3 requirements of Chapter 163, Florida Statutes; providing for transmittal to the State Land Planning
4 Agency; providing a conflicts clause, a severability clause and authority to codify; providing an
5 effective date; and for other purposes.
6 Mayor Jablin read the statement that for Ordinance 12, 2008 separate sign -in sheets are provided at
7 the front tables and by providing a name and address, you will receive information concerning the
8 date of the publication of the Notice of Intent by the Department of Community Affairs. A public
9 comment card must be filled out by those planning to speak during the public hearing.
10 Growth Management Administrator Kara Irwin stated the City- initiated petition for the large scale
11 amendment has completed its first cycle. Administrator Irwin explained the difference between
12 large scale and small scale land use. This is a joint application for the City and County and will
13 change the 2,029± acres to conservation. Land use site designations were explained and the areas
14 described. On July 8, 2008 the Planning and Zoning Commission, sitting as the Local Planning
15 Agency (LPA), voted unanimously to approve the subject petition. The land was acquired for
16 conservation. The City will have 40 percent of the land area as conservation. Staff recommends
17 approval.
18 Motion
19 Vice Mayor Levy made a motion for approval of Ordinance 12, 2008 for consideration on first
20 reading. Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
21 The City Clerk read Ordinance 16, 2008 by title.
22 b. Ordinance 16, 2008 — Land Use designation of a portion of Northlake Congress Plaza. An
23 Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a small scale
24 amendment to its comprehensive development plan in accordance with the mandates set for the in
25 Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, pursuant
26 to City- initiated application No. CPMA- 08 -06- 000010, which provides for an amendment to the
27 City's Future Land Use Map designating one (1) parcel of real property comprising approximately
28 one and 37/1000 (1.37±) acres, more or less, in size as "(C) Commercial "; such parcel of land is
29 located at the Northeast corner of Northlake Boulevard and Congress Avenue, informally known as
30 the " Northlake Congress Commercial Center "; providing for compliance with all requirements of
31 Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an
32 effective date; and for other purposes.
33 Growth Management Administrator Kara Irwin presented Ordinance 16, 2008 and described the
34 location of the property, surrounding area and explained the need for the land use to be consistent.
35 Staff recommends approval.
36 Motion
37 Vice Mayor Levy made a motion for approval of Ordinance 16, 2008 for consideration on first
38 reading. Councilmember Russo seconded. The motion passed unanimously, 5 -0.
39 The City Clerk read Ordinance 17, 2008 by title.
40 c. Ordinance 17, 2008 — Land Use Designation of a Portion of the Waterway Cafe. An Ordinance
41 of the City Council of the City of Palm Beach Gardens, Florida adopting a small scale amendment
42 to its comprehensive development plan in accordance with the mandates set forth in Chapter 163,
43 Florida Statutes, specifically section 163.3187(1)(c), et seq., Florida Statutes, pursuant to City -
44 initiated application No. CPMA- 08 -06- 000009, which provides for an amendment to the City's
45 Future Land Use Map designating one (1) parcel of real property comprising approximately one and
46 501100 (1.50±) acres, more or less, in size as "(C) Commercial "; such parcel of land is located on
47 the South side of PGA Boulevard approximately '/4 mile East of Prosperity Farms Road, informally
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I known as the "Waterway Cafe Restaurant "; providing a conflicts clause and a severability clause;
2 providing an effective date; and for other purposes.
3 Growth Management Administrator Kara Irwin presented Ordinance 17, 2008 and described the
4 location of the property, surrounding area and explained that commercial property abutting
5 residential property has different requirements, such as walls or buffers, that commercial property
6 abutting commercial property does not have. Two neighbors wrote in support of the project. Staff
7 recommends approval. Inquiries from residents were answered.
8 Elliot Perry, 11456 Kidd Lane, Palm Beach Gardens, Florida, discussed issues with the Waterway
9 Cafd and presented letters signed by neighbors.
10 Richard Gagliardi, General Manager of the Waterway Cafe, 2300 PGA Boulevard, Palm Beach
11 Gardens, explained work done by the Waterway Cafe in trimming trees.
12 R. Max Lohman, Interim City Attorney, stated the issues are between neighbors. Ordinance 17,
13 2008 is housekeeping in nature because the land use does not match the zoning.
14 Mayor Jablin closed the discussion. Councilmember Barnett inquired about traffic concurrency.
15 Administrator Irwin stated the Ordinance is about land use and no traffic issues are raised by the
16 project.
17 Motion
18 Vice Mayor Levy made a motion for approval of Ordinance 17, 2008 for consideration on first
19 reading. Councilmember Russo seconded. The motion passed unanimously, 5 -0.
20 The City Clerk read Ordinance 14, 2008 by title.
21 d. Ordinance 14, 2008 — Transmittal and Adoption of Text Amendments. An Ordinance of the City
22 Council of the City of Palm Beach Gardens, Florida amending its comprehensive development plan
23 to adopt Evaluation and Appraisal ( "EAR ") based amendments pursuant to Section 163.3191,
24 Florida Statutes, which provides for a comprehensive update to all elements, affecting the
25 pagination in each amended element and including revised text necessary to update the data and
26 analysis of the comprehensive plan; providing that the text, as amended or revised, shall be
27 substituted for and replace in full the existing text in all amended elements; providing for transmittal
28 to the State Land Planning Agency; providing a conflicts clause, a severability clause and authority
29 to codify; providing an effective date; and for other purposes.
30 Councilmember Barnett asked if the changes discussed in prior meetings were incorporated.
31 Planning Manager Nilsa Zacarias stated they have been incorporated. Councilmembers thanked
32 Planning Manager Zacarias for doing a great job on the EAR.
33 Planning Manager Zacarias explained the process that has been used and offered to answer any
34 questions. There were no further questions. Planning Manager Zacarias acknowledged and thanked
35 the team of Senior Planner Stephen Mayer, GIS Manager Aries Page, Transportation Consultant
36 John Keene and Judy Dye, who updated all of the infrastructure elements.
37 Mayor Jablin stated there are separate sign -in sheets at the front table for these petitions. By
38 providing a name and address you will receive information concerning the date of publication of the
39 notice of intent by the Department of Community Affairs. You will still have to fill out a public
40 comment card and provide it to the City Clerk if you plan to speak during the public hearing.
41 Mayor Jablin opened the public hearing. With no one wishing to be heard, the public hearing was
42 closed and Ordinance 14, 2008 brought back up to City Council.
43 Motion
44 Vice Mayor Levy made a motion for approval of Ordinance 14, 2008 for consideration on first
45 reading. Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
46 The City Clerk read Ordinance 17, 2008 by title.
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I e. Ordinance 25, 2008 — Mitigation Cost Recovery. An Ordinance of the City Council of the City
2 of Palm Beach Gardens, Florida relating to Mitigation Cost Recovery; creating a new Section 38 -2,
3 Code of Ordinances, to be entitled "Recovery of City Response Costs "; providing a conflicts clause;
4 providing a severability clause; providing authority to codify; providing an effective date; and for
5 other purposes.
6 Fire Chief Bergel explained the cost recovery concept, how it will work and estimated money that
7 will be collected. Staff recommends approval. Councilmembers stated their approval of Chief
8 Bergel's presentation.
9 Mayor Jablin opened the public hearing. With no one wishing to be heard Mayor Jablin closed the
10 public hearing and brought Ordinance 25, 2008 back up to City Council.
11 Motion
12 Vice Mayor Levy made a motion for approval of Ordinance 25, 2008 for consideration on first
13 reading. Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
14 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
15 The City Clerk read Resolution 69, 2008 by title.
16 a. Resolution 69, 2008 — U.S. Mayor's Climate Protection Agreement. A Resolution of the City
17 Council of the City of Palm Beach Gardens, Florida approving the endorsement of the U.S. Mayors
18 Climate Protection Agreement to reduce global warming pollution; providing an effective date; and
19 for other purposes.
20 Jan Bel Jan, 5117 Magnolia Bay Circle, Palm Beach Gardens, asked what the City will do, the cost
21 and the benefit. Vice Mayor Levy explained that it will not cost the City anything and we will save
22 approximately $3,000.00 in fuel costs because of changes to more fuel efficient vehicles, more
23 efficient lighting, recycling, etc. Vice Mayor Levy explained further conservation methods.
24 Motion
25 Councilmember Russo made a motion for approval of Resolution 69, 2008 for consideration on first
26 reading. Vice Mayor Levy seconded. The motion passed unanimously, 5 -0.
27 XIII. CITY ATTORNEY REPORT
28 None.
29 Councilmember Barnett stated the period for accepting applications for the City Attorney position
30 has closed and asked for a status. Councilmember Russo asked that staff review the applications and
31 provide City Council with the top three to five. Councilmember Russo also asked that a cost
32 analysis be provided since an outside attorney's services have been used for the past months and
33 that staff provide feedback on using an outside attorney. Councilmember Premuroso suggested
34 waiting until after the budget is passed. Interim Attorney Lohman stated Councilmembers can meet
35 to discuss the applications in a properly noticed meeting in a public forum. Councilmember Russo
36 stated the subject of the meeting should be to decide on how the City Council wants to proceed.
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XIV. ADJOURNMENT
There being no further business to come before the Council, Vice Mayor Levy made a motion to
adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5 -0. The meeting was
adjourned at 10:30 p.m. The next regularly scheduled City Council meeting will be held August 21,
2008.
APPROVED:
E
David Levy, V jW Mayor
J
Councilmember
Jody Barnett, C66ncil*ember
Robert G. Premuroso, Councilmember
ATTEST:
Patricia Snider, CMC
City Clerk
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 are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08.21.08
PAGE 10