HomeMy WebLinkAboutMinutes Council 071609I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
I JULY 16, 2009
6 The regular meeting was called to order at 7:03 p.m. by Mayor Russo.
7 L PLEDGE OF ALLEGIANCE
8 H. ROLL CALL
9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin,
10 Councilmember Jody Barnett and Councilmember Robert Premuroso.
11 IIL ADDITIONS, DELETIONS, MODIFICATIONS
12 ADDITIONS — CONSENT AGENDA
13 k. Proclamation — National Might Out.
14 Councilmember Jablin made a motion for approval of the Addition as read into the record.
15 Councilmember Barnett seconded.
16 Motion passed, 5 -0.
17 IV. ANNOUNCEMENTS AND PRESENTATIONS
18 b. Founder's Day Event — Sponsor Recognition Recreation Director Mike Keily recognized
19 Grillin' in the Gardens sponsors.
20 a. Beautification Award — Donald Ross Villatte. Mayor Russo and Community Aesthetics
21 Board Chair Donna Wisneski presented the commercial category Beautification Award to
22 Andrew Brock on behalf of Donald Ross Village.
23 c. The proposed maximum miHM rate for fiscal year 2009/2010 setting the date time and
24 place for the first budget hearintt. City Manager Ron Ferris explained the criteria used for
25 developing the 2009 /2010 budget. Finance Administrator Allan Owens presented the
26 financial summary. Maximum millage rate, date, time and place for first budget hearing will
27 be discussed under item X. RESOLUTIONS, Resolution 57, 2009.
28 V. ITEMS OF RESIDENT INTEREST AND BOARD /COM!WT EE REPORTS
29 Councilmember Barnett reported attending a North Palm Beach Chamber of Commerce
30 event. Vice Mayor Levy reported attending League of Cities and Water Resource Task Force
31 meetings and has been elected chair of the Hazardous Materials Oversight Committee.
32 Councilmember Premuroso and Comugmember Jablin had no reports. Mayor Russo
33 reported meeting with Dr. Art Johnson concerning Palm Beach Gardens High School, Solid
34 Waste Authority, new owners of Downtown at the Gardens and Commissioner Karen
35 Marcus regarding SB 360.
36 VI. CITY MANAGER REPORT
37 City Lobbyist Tom DeRita. Resource Group, reported on the economic stimulus package at
38 the federal level.
39 Councilmember Jablin requested item XII. ITEMS FOR COUNCIL ACTION/
40 DISCUSSION: a. Lake Cat hering Gazebo Selectio, n. be moved forward on the agenda and
41 suggested that the Art in Public Places Advisory Board (AIPP) and Parks and Recreation
42 Advisory Board (RAB) hold a joint meeting.
43 The following individuals commented to the Council: Tory Buckley, 4454 Daffodil Circle
44 South, Palm Beach Gardens.
45 Councilmember Jablin made a motion for the AIPP and RAB to conduct a joint meeting to
46 discuss how to proceed with the history project and pavilion or gazebo at Lake Catherine
47 Park.
48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
07.1609
I Vice Mayor Levy seconded the motion.
2 Discussion ensued.
3 Motion passed 5 -0.
4 VII. COMMENTS FROM THE PUBLIC
5 The following individuals commented to the Council: Tory Buckley, 4454 Daffodil Circle
6 South, Palm Beach Gardens; Larry Casey, 11079 Oak Way Circle, Palm Beach Gardens;
7 Linda Hughey, Reed Drive, Palm Beach Gardens; Fire Chief Pete Bergel, President of the
8 Big Heart Brigade, 10500 N. Military Trail, Palm Beach Gardens; Eileen Tucker, Shady
9 Lakes, Palm Beach Gardens; Steve Cohen, PGA Corridor Association and Palm Beach
10 Gardens Historical Society, Palm Beach Gardens; Eileen Tucker, Shady Lakes, Palm Beach
11 Gardens.
12 Councilmember Eric Jablin made a motion allowing the Fire Department to store the Big
13 Heart Brigade equipment.
14 Councilmember Barnett requested City Attorney R. Max Lohman look into the situation
15 before acting.
16 The motion died for lack of a second.
17 Mayor Russo suggested that Ordinance 5, 2009 be reviewed after September 30, 2009.
18 VIII. CONSENT AGENDA
19 Councilmember Barnett asked to remove item b. Resolution 55, 2009 from the Consent
20 Agenda.
21 Vice Mayor Levy made a motion for approval of the Consent Agenda without item b.
22 Councilmember Jablin seconded.
23 Motion passed 5 -0.
24 The City Clerk read Resolution 55, 2009 by title.
25 Vice Mayor Levy made a motion for approval of Resolution 55, 2009.
26 Councilmember Jablin seconded.
27 Discussion ensued.
28 Motion passed 3 -2 with Councilmember Barnett and Councilmember Premuroso
29 dissenting.
30 X. PUBLIC HEARINGS
31 Part I — Quasi - iudicial
32 Mayor Russo announced the procedures for tonight's proceedings.
33 Those preparing to give testimony were sworn in.
34 The City Clerk read Resolution 35, 2009 by title.
35 a. Resolution 35, 2009 — Placement of fifty -eight (58) banners. A Resolution of the City
36 Council of the City of Palm Beach Gardens, Florida approving the placement of fifty -eight
37 (58) banners along the streets, sidewalks, and parking areas of the commercial portion of the
38 Legacy Place Mixed Use Planned Community Development (PCD), located on the Southwest
39 corner of PGA Boulevard and Fairchild Gardens Avenue; providing conditions of approval;
40 providing an effective date; and for other purposes.
41 Mayor Russo opened the public hearing.
42 Mayor Russo and Councilmember Jablin declared ex parte communication.
43 The following individuals commented on this agenda item: Ken Tuma, Urban Design Kilday
44 Studios.
45 The following individuals commented to the Council: Joan Elias, 1009 Diamond Head Way,
46 Palm Beach Gardens; Mary Lou Fogarty, Property Manager, Legacy Place, Palm Beach
47 Gardens.
48 Mayor Russo closed the public hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
07.16.09
I Discussion ensued.
2 The following staff members commented to Council: Growth Management Administrator
3 Kara Irwin; Resource Manager Allyson Black.
4 Mayor Russo reopened the public hearing.
5 Councilmember Jablin made a motion to continue Resolution 35, 2009 to the August 20,
6 2009 meeting.
7 Vice Mayor Levy seconded.
8 Motion passed 5 -0.
9 The City Clerk read Resolution 43, 2009 by title.
10 b. Resolution 43, 2009 — Northcorp Corporate Park PCD. Master Signage Program
11 Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
12 amending the Master Signage Program for the Northcorp Corporate Park Planned Community
13 Development (PCD), generally bounded by the Gardens Station PUD to the North, Interstate
14 95 to the West, Burns Road to the South, and the FEC Railway to the East, as more
15 particularly described herein; providing conditions of approval; providing waivers; providing
16 an effective date; and for other purposes.
17 Mayor Russo opened the public hearing.
18 Councilmember Jablin, Councilmember Barnett and Councilmember Premuroso
19 declared ex parte communication.
20 The following individuals commented on this agenda item: Donaldson Hearing, Cotleur and
21 Hearing, Planner Richard Marrero, Growth Management Administrator Kara Irwin,
22 City Attorney R. Max Lohman.
23 Mayor Russo closed the public hearing.
24 Councilmember Jablin made a motion for approval of Resolution 43, 2009 and amending as
25 necessary to ensure the 10 -foot monument signs are approved and not two 15 -foot monument
26 signs.
27 Councilmember Barnett seconded.
28 Motion passed 5 -0.
29 The City Clerk read Ordinance 20, 2009 by title.
30 c. Ordinance 20, 2009 — Und reading and adoption) Deannexing from the City of Palm
31 Beach Gardens. An Ordinance of the City Council of City of Palm Beach Gardens, Florida,
32 contracting the City's Municipal boundaries by deannexing a parcel of real property
33 comprising a total of 61.9 acres, more or less, located on the North side of Northlake
34 Boulevard approximately one -half (1/2) mile West of the intersection of Northlake Boulevard
35 and Coconut Boulevard, as more particularly described herein; amending Article II of the City
36 Charter to redefine the corporate limits; providing a conflicts clause, a severability clause, and
37 authority to codify; providing an effective date; and for other purposes.
38 Mayor Russo opened the public hearing.
39 No ex parte communication was declared.
40 The following individuals commented on this agenda item: Bruce Thomson, Palm Beach
41 County Planning Division; Growth Management Administrator Kara Irwin.
42 Mayor Russo closed the public hearing.
43 Councilmember Barnett made a motion for adoption of Ordinance 20, 2009 on second
44 reading.
45 Councilmember Premuroso seconded.
46 Motion passed 5 -0.
47
48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
07.16.09
I Part II — Non - Quasi- iudicial
2 The City Clerk read Ordinance 3, 2009 by title.
3 a. Ordinance 3, 2009 — (2nd reading and adoption) Amendment to the Future Land
4 Use Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
5 amending its Comprehensive Development Plan to adopt the criteria for areas highly suitable
6 for more intense office uses and to utilize the increased threshold intensity set forth in Section
7 380.0651(3)(d)2, Florida Statutes; providing for a Text Amendment to the Future Land Use
8 Element affecting the pagination in the amended element and including revised text necessary
9 to update the data and analysis of the Comprehensive Plan; providing that the text, as
10 amended, shall be substituted for and replace the existing text in the amended element(s);
11 providing for transmittal to the State Land Planning Agency; providing a conflicts clause, a
12 severability clause, and authority to codify; providing an effective date; and for other
13 purposes.
14 Mayor Russo opened the public hearing.
15 No ex parte communication was declared.
16 The following individuals commented on this agenda item: Jeff Marshall, Catalfumo
17 Construction.
18 Mayor Russo closed the public hearing.
19 Vice Mayor Levy made a motion for adoption of Ordinance 3, 2009 on second reading.
20 Councilmember Barnett questioned the language change to Ordinance 3, 2009.
21 Vice Mayor Levy withdrew his motion.
22 The following individuals commented on this agenda item: Planning Manager Nilsa
23 Zacarias.
24 Vice Mayor Levy made a motion for adoption of Ordinance 3, 2009 on second reading.
25 Councilmember Jablin seconded.
26 Motion passed 5 -0.
27 X. RESOLUTIONS
28 The City Clerk read Resolution 52, 2009 by title.
29 a. Resolution 52, 2009 — Art in Public Places for Legends at the Gardens. A Resolution of
30 the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public
31 Places for the Legends at the Gardens Mixed -Use Planned Unit Development (PUD), as
32 described more particularly herein; providing conditions of approval; providing an effective
33 date; and for other purposes.
34 The following individuals commented on this agenda item: Orna Miller, Orna Art; Growth
35 Management Administrator Kara Irwin.
36 Councilmember Jablin made a motion for approval of Resolution 52, 2009.
37 Vice Mayor Levy seconded.
38 Motion passed 5 -0.
39 The City Clerk read Resolution 57, 2009 by title.
40 b. Resolution 57, 2009 — Adopting a proposed maximum millage rate. A Resolution of the
41 City Council of the City of Palm Beach Gardens, Florida adopting a proposed maximum
42 millage rate for the City of Palm Beach Gardens for fiscal Year 2009/2010; setting the date,
43 time and place of the first budget hearing; providing an effective date; and for other purposes.
44 Council discussed the proposed maximum millage rate.
45 Vice Mayor Levy made a motion for approval of Resolution 57, 2009 setting the maximum
46 operating millage rate of 5.390 and a debt service rate of 0.149 and setting the first public
47 hearing for September 10, 2009 at 7:00 p.m. in City Council Chambers.
48 Councilmember Premuroso seconded.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
07.16.09
I Motion passed 5 -0.
2 XI. ORDINANCES
3 None.
4 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
5 a. Lake Catherine Gazebo Selection — Heard earlier in the meeting following the City
6 Manager's Report.
7 XIII. CITY ATTORNEY REPORT
8 City Attorney R. Max Lohman presented the League of Cities agenda.
9
10 (The remainder of this page intentionally left blank.)
11
12
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
07.16.09
2
3
4
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
Councilmember Jablin made a motion to adjourn.
Vice Mayor Levy seconded.
Motion passed 5 -0.
The meeting adjourned at 10:18 p.m.
The next regularly scheduled City Council meeting will be held August 20, 2009.
APPROVED:
Joseph R. Russo, Mayor
y
Jody Bame Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
"), �t;k-p�
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
07.16.09
PAGE