HomeMy WebLinkAboutMinutes Council 1204081 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 DECEMBER 4, 2008
5
6 The December 4, 2008 Regular Meeting of the City Council of the City of Palm Beach
7 Gardens, Florida, was called to order at 7:03 p.m. in the Council Chambers of the Municipal
8 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric
9 Jablin.
10 I. PLEDGE OF ALLEGIANCE
11 H. ROLL CALL
12 The City Clerk called the roll and the following elected officials were found to be in
13 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
14 Councilmember Jody Barnett and Councilmember Robert Premuroso.
15 III. ADDITIONS, DELETIONS, MODIFICATIONS
16 ADDITIONS
17 a. Palm Beach Gardens Historical Society.
18 b. District Park.
19 c. Economic Development and Transportation.
20 Motion
21 Councilmember Russo made a motion for approval of the additions to the agenda. Vice
22 Mayor Levy seconded. Councilmember Russo requested confirmation that the District Park
23 discussion tonight is about land use and not the purchase of the park. Mayor Jablin stated that
24 Councilmember Russo is correct, but he sees no harm in hearing discussion. The motion
25 passed unanimously, 5 -0.
26 DELETIONS
27 None.
28 MODIFICATIONS
29 None.
30 IV. ANNOUNCEMENTS AND PRESENTATIONS
31 a. Palm Beach Gardens Historical Society — Don Kiselewski explained the purpose of the
32 Historical Society is to collect and share the history of the City. A 501(c) 3 has been filed with
33 the Internal Revenue Service. The Society hopes to find a facility where a museum can be
34 developed. Councilmember Barnett asked that the Society not use the City seal as their logo
35 and explained she did not want confusion because it is an organization independent of the
36 City. Councilmember Russo, Vice Mayor Levy and Mayor Jablin stated they did not object to
37 the use of the seal. City Manager Ron Ferris suggested the title "Palm Beach Gardens
38 Historical Society a Not For Profit 501(c)3 Organization." Don Kiselewski stated the logo can
39 be changed and suggested discussing it with the Historical Society Board for resolution. Vice
40 Mayor Levy spoke in favor of the City joining and supporting the Historical Society.
41 Councilmember Barnett stated her concern for spending money for membership in this tight
42 budgetary year. Councilmember Premuroso supported a $500.00 membership.
43 Councilmember Russo also supported membership.
44 Motion
45 Councilmember Premuroso made a motion for approval of a $500.00 membership for the City
46 to the Palm Beach Gardens Historical Society. Councilmember Russo seconded. The motion
47 passed unanimously, 5 -0.
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Councilmember Premuroso asked if it would be possible to add Historical Society
information to the City website. City Manager Ferris stated he would review the policy and
provide an answer.
b. District Park — Growth Management Administrator Kara Irwin discussed the land use
categories, zoning, possible uses and future demands. The level of service (LOS) for parks
and the potential demands will be reviewed in 2009.
Tim Frohling, 152 Euphrates Circle, Palm Beach Gardens, described the benefits of the
existing parks and playing fields in Palm Beach Gardens and requested support for the
District Park.
Tory Buckley, 44 Daffodil Circle South, Palm Beach Gardens, stated his support and
participation in the City's parks system and requested City Council support the purchase of
the District Park from Palm Beach County.
Councilmember Russo stated his concern for the current economic recession and the
residents' refusal to cut Police or Fire services. Councilmember Russo requested a future
discussion from staff regarding park and field use being maxed out, what can be done and the
population trends. Vice Mayor Levy explained facility restrictions he has experienced and
stated his support of the purchase of the District Park. Councilmember Russo stated the
original concept of the District Park was to keep it as a passive park for 20 years.
Councilmember Barnett stated her initial thought was to have the District Park as a passive
park and she does not want to lose the opportunity for the City to get the tract.
Councilmember Barnett would like to have the zoning as recreation open space because
conditional uses could still be chosen and it would be protected as a park. Mayor Jablin
suggested public institutional zoning. Vice Mayor Levy agreed that the zoning should be
recreation open space with a land use category of public institutional. Mayor Jablin stated the
County will have restrictions. Councilmember Premuroso stated he is in favor of purchasing
the land and recreation open space zoning, but thinks development will be at least a decade
away. Administrator Irwin explained that land use is the base and recreation open space is
being considered. The land use determines the zoning, and the zoning determines the uses that
can be on the land. The school for autistic students would be allowed. Councilmember Barnett
stated she believes a determination for use cannot be made until the land has been purchased.
Vice Mayor Levy stated that if all the other criteria were in place for land use and zoning, he
would be in favor of allowing the school. Mayor Jablin stated he will endeavor to buy the land
for City because he believes it is the right thing to do. City Manager Ferris clarified that no
steps will be taken until the City Council decides to buy the District Park property.
C. Economic Development and Transportation — Growth Management Planning Manager
Nilsa Zacarias discussed past Charettes, questions to be discussed, presented key initiatives
for economic development, transportation and the involvement of other agencies. The
February Charette is planned so seasonal residents can participate.
Mayor Jablin invited public comments.
Steve Matheson, 5606 PGA Boulevard, Palm Beach Gardens, PGA Corridor Association vice
chair, announced the 20th anniversary of The Gardens Mall, and that outdoor seating, sign
regulations and height regulations are important issues. The PGA Corridor Association
supports a well thought out transit system which is important to attracting businesses to the
City.
Vice Mayor Levy stated his concerns regarding the implementation of the program. Planning
Manager Zacarias explained how the funding process will work. City Manager Ferris stated
that when funding is available from the State the municipalities that are ready will get the
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
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I money. Councilmember Russo stated he does not know why Tri -Rail did not come to North
2 Palm Beach County in the beginning, but he does not want Palm Beach Gardens to be the
3 reason that North Palm Beach County doesn't get it. Councilmember Barnett agreed with
4 Councilmember Russo and included that what is best for the City comes first. City Manager
5 Ferris stated the Charette committee members will have a training session with staff to help
6 them be effective. Councilmember Premuroso stated his concern that Tri-Rail will never make
7 enough money to justify the cost.
8 Joan Elias, 1007 Diamond Head Way, Palm Beach Gardens, discussed her interest and
9 support of the Tri-Rail system and offered to serve on the committee.
10 Vice Mayor Levy asked if the data gathered from the Charette will have an expiration date.
11 Administrator Irwin explained the data can be made part of the Comprehensive Plan and can
12 be updated. Planning Manager Zacarias explained the importance of the data gathered at the
13 Charette.
14 Motion
15 Councilmember Russo made a motion for approval of the Charette. Vice Mayor Levy
16 seconded. The motion passed, 4 -1, with Councilmember Premuroso dissenting.
17 Councilmember Russo stated that Palm Beach Gardens contribute no more than $30,000.00.
18 Administrator Irwin explained the committee appointees can be residents or business people
19 but not be advisory board members or elected officials. Names will be presented at the
20 December 18, 2008 City Council meeting.
21 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
22 a. Councilmember Premuroso attended the Big Heart Brigade and was impressed with the
23 process. The tree lighting was a wonderful celebration.
24 b. Councilmember Russo thanked Christ Fellowship congregation for the efforts with the
25 Big Heart Brigade. He also noted that he will attend a 20th anniversary celebration of The
26 Gardens Mall this upcoming weekend.
27 c. Vice Mayor Levy reported on attending the Palm Beach County League of Cities board
28 of directors meeting. Vice Mayor Levy has been appointed to the new Countywide Water
29 Task Force, which has been formed to review the current water policy.
30 d. Councilmember Barnett stated the seal of the City is not currently registered by
31 Ordinance and asked for the seal to be adopted as part of the 50th anniversary celebration.
32 Interim Attorney R. Max Lohman suggested the City logo and seal should be adopted and
33 registered with the Secretary of State of Florida to protect their use by others without
34 permission. Mayor Jablin suggested that Ordinance 1, 2009 adopt the City's seal and crest as
35 the official seal. Councilmember Barnett announced the passing of a Palm Beach Gardens
36 resident in an accident on PGA Boulevard, and asked everyone to be cautious on the roads.
37 e. Mayor Jablin complimented the current issue of Signature City magazine, stated the tree
38 lighting was beautiful and thanked City employees for their work. On November 21, 2008 in
39 Orlando the Florida League of Cities held its annual Florida Cities Excellence Awards
40 program where Trila White, Royal Palm Beach Village Attorney was selected as the 2008
41 City Attorney of the Year. Mayor Jablin asked Interim Attorney Lohman to convey the City's
42 congratulations.
43 VI. CITY MANAGER REPORT
44 a. City Manager Ron Ferris introduced Tom DeRita. Mr. DeRita described the growth of
45 the Big Heart Brigade and the process involved in meal preparation. A video of the event was
46 shown under Item XII. Items for Council Action/Discussion.
47 VII. COMMENTS FROM THE PUBLIC
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I None.
2 VIII. CONSENT AGENDA
3 a. Approve Minutes from October 2, 2008 regular City Council meeting.
4 b. Resolution 101, 2008 — Village Square Plat III. A Resolution of the City Council of the
5 City of Palm Beach Gardens, Florida approving the Village Square Plat No. 3; providing an
6 effective date; and for other purposes.
7 Motion
8 Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember
9 Barnett seconded. The motion passed unanimously, 5 -0.
10 IX. PUBLIC HEARINGS
11 Park I —Quasi — iudicial
12 Park II — Non - Quasi- iudicial
13 The City Clerk read Ordinance 12, 2008 by title.
14 a. Ordinance 12, 2008 — (2nd reading and adoption) Land Use Designation of the
15 Loxahatchee Slough and Sandhill Crane. An Ordinance of the City Council of the City of
16 Palm Beach Gardens, Florida adopting a large scale amendment to its Comprehensive
17 Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes,
18 specifically Section 163.3184, et seq., Florida Statutes, pursuant to City- initiated application
19 no. CPMA- 08 -04- 000008, which provides for an amendment to the City's Future Land Use
20 Map designating fourteen (14) parcels of real property comprising approximately two
21 thousand twenty -four (2,024 +) acres, more or less, in size as "Cons - Conservation "; such
22 parcels of land are located North of Beeline Highway and PGA Boulevard, informally known
23 as the " Loxahatchee Slough and Sandhill Crane Natural Areas "; providing for compliance
24 with all requirements of Chapter 163, Florida Statutes; providing for transmittal to the State
25 Land Planning Agency; providing a conflicts clause, a severability clause and authority to
26 codify; providing an effective date; and for other purposes.
27 The City Clerk stated there was a sign -in sheet available at the front table for anyone wishing
28 to receive information.
29 Growth Management Senior Planner Stephen Mayer noted an objection with
30 recommendations and comments letter was received from the Department of Community
31 Affairs (DCA) and it had no comments.
32 Motion
33 Vice Mayor Levy made a motion for adoption of Ordinance 12, 2008 on second reading.
34 Councilmember Barnett seconded. The motion passed unanimously,
35 5 -0.
36 The City Clerk read Ordinance 29, 2008 by title.
37 b. Ordinance 29 2008 — (2nd reading and adoption) Establishing a Construction Board of
38 Adjustment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
39 amending Chapter 2, Administration, at Sections 2 -145, 2 -146, 2 -147, and 2 -148 in order to
40 establish a Construction Board of Adjustment and Appeals (CBAA) to designate the Planning,
41 Zoning, and Appeals Board as the CBAA and to clarify the process by which appeals of staff
42 level administrative decisions may be taken; providing that each and every other Section and
43 Sub - section of Chapter 2, Administration, shall remain the same as previously adopted;
44 providing a conflicts clause, a severability clause, and authority to codify; providing an
45 effective date; and for other purposes.
46 There were no changes to Ordinance 29, 2998.
47 Motion
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Vice Mayor Levy made a motion for adoption of Ordinance 29, 2008 on second reading.
Councilmember Barnett seconded. The motion passed unanimously,
5 -0.
The City Clerk read Ordinance 30, 2008 by title.
C. Ordinance 30, 2008 - (2nd reading and adoption ) Amending Chapter 78. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78, Land
Development at Section 78 -49 entitled "Amendments to Approved Development Orders" at
Subsection (d) by repealing Subparagraph (5) and readopting same as revised in order to
provide for internal consistency; further amending Chapter 78 by repealing Section 78 -56
entitled "Appeals and Reconsideration" and readopting same, as revised in order to provide
procedures by which appeals from decisions of the Growth Management Director may be
taken: providing that each and every other Section and Sub - section of Chapter 78 Land
Development shall remain the same as previously adopted; providing a conflicts clause, a
severability clause, and authority to codify; providing an effective date; and for other
purposes.
Growth Management Administrator Kara Irwin noted the change to twenty (20) days as
requested.
Motion
Vice Mayor Levy made a motion for adoption of Ordinance 30, 2008 on second reading.
Councilmember Barnett seconded. The motion passed unanimously,
5 -0.
The City Clerk read Ordinance 31, 2008 by title.
d. Ordinance 31, 2008 - (2nd reading and adoption) Florida building codes and unsafe
building g odes. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 86, entitled "Buildings and Building Regulations" at Section 86 -26 of the
City Code of Ordinances to provide local amendments to the Florida Building Code related to
Administration and to Wind Loads; further amending Chapter 86 by adopting new Section 86-
29, entitled "Hurricane Shutters" and adopting new Section 86 -30, entitled "Maximum
Occupancy "; repealing Article III, entitled "Storage of Building Material and Equipment,"
Article IV, entitled "Structures Used As Models," and Article V, entitled "Swimming Pools ";
providing a conflicts clause, a severability clause, and authority to codify; providing an
effective date; and for other purposes.
Changes requested by City Council have been made.
Motion
Vice Mayor Levy made a motion for adoption of Ordinance 31, 2008 on second reading.
Councilmember Barnett seconded. The motion passed unanimously,
5 -0.
The City Clerk read Ordinance 32, 2008 by title.
e. Ordinance 32, 2008 — (2nd reading and adoption) Post Disaster Debris. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida amending Chapter 54, Solid
Waste, at Article I, in general, by amending Section 54 -1, Definitions, by adopting the new
definition "PQst Disaster Debris "; further amending Chapter 54 at Article III, Collection, by
adopting an entirely new Section 54 -63, entitled "Post- Disaster Debris Collection ", in order to
provide for implementation of the City's Comprehensive Emergency Management Plan
(CEMP); further providing for declaration of findings and intent; providing that every other
Section and Sub - Section of Chapter 54, Solid Waste shall remain the same as previously
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adopted; providing a conflicts clause, a severability clause, and authority to codify; providing
an effective date and for other purposes.
There were no changes to Ordinance 32, 2008.
Motion
Vice Mayor Levy made a motion for adoption of Ordinance 32, 2008 on second reading.
Councilmember Barnett seconded. The motion passed unanimously,
5 -0.
X. RESOLUTIONS
None.
XI. ORDINANCES (for Consideration on First Reading)
None.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
a. District Park. Moved to Announcements /Presentations as new item b.
b. Proposed Ordinance to amend the composition of the City's Boards and Committees.
Mayor Jablin stated he would like to see the reduction on board and committee membership
done through attrition. Councilmember Barnett stated the Community Aesthetics Board
(CAB) agreed with membership reduction through attrition. Interim City Attorney R. Max
Lohman stated he will prepare language reflecting the change. Interim Attorney Lohman also
stated that the board names have been added. Councilmember Barnett requested the changes
be reflected in the Ordinance. First reading of the Ordinance will take place in January.
Councilmember Barnett inquired about the status of the 50th Anniversary grant money. City
Manager Ferris stated he will send out a memorandum regarding the grant next week.
A video of the Big Heart Brigade was shown and Mayor Jablin thanked Tom DeRita.
XIII. CITY ATTORNEY REPORT
None.
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XIV. ADJOURNMENT
There being no further business to come before the Council, Councilmember Russo made a
motion to adjourn. Vice Mayor Levy seconded. The motion carried unanimously, 5 -0. The
meeting was adjourned at 9:20 p.m. The next regularly scheduled City Council meeting will
be held December 18, 2008.
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
David Levy, juice Mayor,
R. Russo, Councilmember
Jody Barnelk Councilmember
Robert G. Premuroso, Councilmember
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.
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