HomeMy WebLinkAboutMinutes Council 092409I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 SEPTEMBER 24, 2009
6 The regular meeting was called to order at 7:02 p.m. by Mayor Russo.
7 I. PLEDGE OF ALLEGIANCE
8 U. ROLL CALL
9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin,
10 Councilmember Jody Barnett (left approximately 9:20 p.m.) and Councilmember Robert
11 Premuroso.
12 ABSENT: None.
13 M. ADDITIONS, DELETIONS, MODIFICATIONS
14 ADDITIONS
15 VII. b. Response to Councilmember Barnett's allegations.
16 Vice Mayor Lew made a motion for approval of the addition.
17 Councilmember Jablin seconded.
18 Motion passed 5-0.
19 IV. ANNOUNCEMENTS AND PRESENTATIONS
20 None.
21 V. PUBLIC HEARINGS FOR 2009/2010 BUDGET — Non Ouasi Judicial
22 a. Presentation of the Fiscal Year 2009R010 Budget — Mayor Russo opened the public
23 hearing. City Manager Ron Ferris presented the criteria used for developing the Fiscal Year
24 2009/2010 budget. Finance Administrator Allan Owens presented the Fiscal Year
25 2009/2010 budget summary.
26 Comments from the Public: Eileen Tucker, Shady Lakes, Palm Beach Gardens; L. Marc
27 Cohn. Sedona Way, Palm Beach Gardens; Rob Palladino. Hickory Drive, Palm Beach
28 Gardens; Hal Valeche, Viera Drive, Palm Beach Gardens.
29 Mayor Russo closed the public hearing.
30 Councilmember Jablin made a motion for the purchase of a new fire engine and five new
31 police cars.
32 Vice Mayor Lew seconded.
33 Motion passed 5 -0.
34 The City Clerk read Resolution 81, 2009 by title.
35 b. Resolution 81, 2009 - Adopting a Tax Lew and Miliage Rate. A Resolution of the City
36 Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for
37 the City of Palm Beach Gardens for the fiscal year commencing October 1, 2009, and ending
38 September 30, 2010; directing the City Clerk to forward a certified copy of this Resolution to
39 the Property Appraiser and Tax Collector within three (3) days after its adoption; providing an
40 effective date; and for other purposes.
41 The City Clerk read Ordinance 26, 2009 by title.
42 c. Ordinance 26. 2009 — (2nd readint and adoodou) Adontiug Fiscal Year 2009/2010
43 budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
44 adopting the budget for the City of Palm Beach Gardens for the Fiscal Year commencing
45 October 1, 2009, and ending September 30, 2010; providing a conflicts clause and a
46 severability clause; providing an effective date; and for other purposes.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
09.24.09
I Councilmember Jablin announced the City of Palm Beach Gardens proposed to adapt a final
2 millage rate of 5.539 mills, which includes a debt millage rate of 0.149 and an operating
3 millage of 5.390, which is less than the rollback rate of 5.8246 by 7.46 percent.
4 Councilmember Jablin made a motion for approval of Resolution 81, 2009 setting the final
5 millage rate for FY 2009/2010 at 5.539.
6 Vice Mavor Levy seconded.
7 Motion passed 4-1 with Councilmember Barnett dissenting.
8 Councilmember Jablin made a motion for approval of Ordinance 26, 2009 on second
9 reading adopting a budget for FY 2009/2010.
10 Vice Mayor Lew seconded.
11 Motion passed 4 -1 with Councilmember Barnett dissenting.
12 VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
13 Councilmember Jablin reported attending the opening day for soccer. Councilmember
14 Premuroso thanked the Palm Beach Gardens Police Department for the Police Explorers golf
15 tournament. Vice Mayor Levy reported attending League of Cities and Treasure Coast
16 Regional Planning Council meetings, the upcoming Youth Triathalon and the Palm Beach
17 Gardens High School Annual Golf Tournament. Councilmember Barnett reported attending
18 League of Cities, Treasure Coast Regional Planning Council, and Parks and Recreation
19 Advisory Board (RAB) meetings. Mayor Russo reported attending a meeting at the Northern
20 Palm Beach County Chamber of Commerce.
21 Comments from the Public: William Sonneareich_ Parks and Recreatoin Advisory Board,
22 Viscaya Drive, Palm Beach Gardens discussed Ordinance 5, 2009.
23 VII. CITY MANAGER REPORT
24 a. Florida Institute of Government designation of Certified Chief Information Officer.
25 Mayor Russo awarded the certificate of Certified Chief Information Officer to Information
26 Technology Network Manager Chuck Miserendino.
27 b. Response to Councilmember Barnett's all ions.
28 City Manager Ferris answered Councilmember Barnett's allegations.
29 Comments from the Public: David Paulson, Saint George Place, Patin Beach Gardens; Joan
30 Altwater, Cypress Hollow Drive, Palm Beach Gardens; Richard Jacobs, Bermuda Lake
31 Drive, Palm Beach Gardens; Fred Angelo, S. Congress Avenue, Suite 2C, West Palm Beach;
32 Joan Etas, Diamond Head Way, Palm Beach Gardens; Linda Hughey, Reed Drive, Palm
33 Beach Gardens; Sherman Adle Flagler Drive, West Palm Beach; Thomas DeRita, Jr.,
34 Whirlaway Road, Palm Beach Gardens, Sandra Foland. Whirlaway Road, Palm Beach
35 Gardens; Dan Reidy. Sunset Cay Circle, Boynton Beach; Stacy Rundle, Bahia Isle Circle,
36 Wellington; David Reyes. 63rd Lane N., West Palm Beach; Jamie Cobb. Palm Court,
37 Tequesta; Patricia Snider. Aspen Way, Palm Beach Gardens; Donna Giuliana, Olympus
38 Way, Jupiter; Sheryl Stewart. Hunt Club Lane, Palm Beach Gardens; Charlotte Presenskv,
39 James River Road, West Palm Beach; Ed Bickford. Cambria Road; Palm Beach Gardens;
40 Joel Channing_ St George, Palm Beach Gardens; Amir Kanek Man O' War Road, Palm
41 Beach Gardens; Eileen Tucker, Shady Lakes, Palm Beach Gardens; Kara Irwin, Portofino
42 Circle, Palm Beach Gardens; Eric Holdt, N. Military Trail, Palm Beach Gardens; Allan
43 Owens, Gardens Glen Circle, Palm Beach Gardens; Ray Ellis, 182nd Road North, Jupiter;
44 John (Jack) Doughney. N. Military Trail, Palm Beach Gardens; Joey Eichner, President,
45 PGA Corridor Association; Natalie Wong_ Bonsai Circle, Palm Beach Gardens; Geri
46 Meenaghan, N. Military Trail, Palm Beach Gardens.
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Mayor Russo, Vice Mayor Levy, Councilmember Jablin and Councilmember Premuroso
stated their support for City Manager Ferris and staff. Mayor Russo requested that the City
Council return to the policy of three members being in agreement to proceed on an item.
c. City Manager Evaluation. Removed from the agenda.
Mayor Russo declared a short recess at 9:45 p.m.
VIII. COMMENTS FROM THE PUBLIC
Ken Menard, E. Gardens Oak Circle, Palm Beach Gardens. .
IX. CONSENT AGENDA
Vice Mayor Levy made a motion for approval of the Consent Agenda.
Councilmember Jablin seconded.
Motion passed 4 -0.
X. PUBLIC HEARINGS
Part I — Non -Ouasi —judicial
Mayor Russo announced the procedures for tonight's proceedings.
Those preparing to give testimony were sworn in.
The City Clerk read Resolution 58, 2009 by title.
a. Resolution 58, 2009 - Downtown at the Gardens site plan amendment. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida amending the site plan for
Downtown at the Gardens located within the Regional Center DRUPCD, as described more
particularly herein, to modify certain conditions of approval; to replace the most current
shared parking analysis with parking regulations from City code; to revise the lake area stage
plan; to provide a service area screening plan; providing conditions of approval; providing an
effective date; and for other purposes.
Mayor Russo opened the public hearing.
Mayor Russo and Vice Mayor Lew declared ex parte communication.
Presented Item: Donaldson Hearing_ Codeur & Hearing; Kevin Berman, owner, Downtown
at the Gardens.
Mayor Russo closed the public hearing.
Vice Mayor Levy made a motion for approval of Resolution 58, 2009.
Councilmember Jablin seconded.
Motion passed 4 -0.
The City Clerk read Ordinance 21, 2009 by title.
b. Ordinance 21, 2009 — (2nd reading and adoption) Rezoning twenty -seven (27) parcels.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning
twenty -seven (27) parcels of real property comprising approximately ten thousand two
hundred seventy-six (10,276.0 + / -) acres, more or less, in size; such parcels being located
within the Loxahatchee Slough Natural Area and generally located West of the Florida
Turnpike and North of Northlake Boulevard, as more particularly described herein, from
Planned Development Area (PDA) to Conservation (CONS) Zoning District.; providing for
revisions to the Zoning District Map; providing a conflicts clause, a severability clause, and
authority to codify, providing an effective date, and for other purposes.
Mayor Russo opened the public hearing.
No ex parte communication was declared.
Mayor Russo closed the public hearing.
Vice Mayor Levy made a motion for approval and adoption on second reading of Ordinance
21, 2009.
Councilmember Jablin seconded.
Motion passed 4-0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
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I c. Ordinance 22, 2009 — (2nd reading and adoption) Rezoning three (3) parcels. An
2 Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning three (3)
3 parcels of real property comprising approximately one hundred fifty -seven (157.0 + / -) acres,
4 more or less, in size; such parcels being located within the Frenchman's Forest Natural Area,
5 and generally located at the Northwest corner of Lone Pine Road and Prosperity Farms Road,
6 as more particularly described herein, from Planned Development Area (PDA) to
7 Conservation (CONS) Zoning District; providing for revisions to the Zoning District Map;
8 providing a conflicts clause, a severability clause, and authority to codify; providing an
9 effective date; and for other purposes.
10 Mayor Russo opened the public hearing.
11 No ex parte communication was declared.
12 Mayor Russo closed the public hearing.
13 Vice Mayor Levy made a motion for approval and adoption on second reading of Ordinance
14 22, 2009.
15 Councilmember Jablin seconded.
16 Motion passed 4 -0.
17 Part II — Quasi-judicial
18 The City Clerk read Ordinance 27, 2009 by title.
19 a. Ordinance 27, 2009 — (2nd reading and adoption) False alarms for police and fire
20 response. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
21 amending Chapter 30 Emergency Services of the Code of Ordinances of the City of Palm
22 Beach Gardens repealing Article II, Alarm Systems in its entirety and re- adopting same, as
23 revised; providing regulations regarding excessive false alarms, fines, and appellate review;
24 further amending Chapter 30 by adopting an entirely new Article III, Misuse of 911 or
25 Emergency Call System; providing regulations, fines, and appellate review; providing that
26 each and every other section and subsection of Chapter 30 shall remain in full force and effect
27 as previously enacted; providing a conflicts clause, a severability clause, and authority to
28 codify; providing an effective date; and for other purposes.
29 Mayor Russo opened the public hearing.
30 Mayor Russo closed the public hearing.
31 Vice Mayor Levy made a motion for approval of Ordinance 27, 2009.
32 Councilmember Jablin seconded.
33 Motion passed 4 -0.
34 X. RESOLUTIONS
35 The City Clerk read Resolution 76, 2009 by title.
36 a. Resolution 76, 2009 — Insurance policy renewal. A Resolution of the City Council of the
37 City of Palm Beach Gardens, Florida to renew insurance policies for Property, Casualty,
38 Public Officials, and related insurance from Preferred Governmental Insurance Trust;
39 authorizing the Mayor to execute the contract; providing an effective date; and for other
40 purposes.
41 Presented Item: Finance Administrator Allan Owens.
42 Vice Mayor Levy made a motion for approval of Resolution 76, 2009.
43 Councilmember Jablin seconded.
44 Motion passed 4 -0.
45 The City Clerk read Resolution 79, 2009 by title.
46 b. Resolution 79, 2009 - Agreement to Macmdlan Oil Company. A Resolution of the City
47 Council of the City of Palm Beach Gardens, Florida approving an Agreement with Macmillan
48 Oil Company of Florida, Inc. for the purchase of unleaded gasoline and fuel oil via an existing
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contract with the State of Florida (Number 405- 000- 10 -1); authorizing the Mayor to execute
said Agreement; providing an effective date; and for other purposes.
Presented Item: Operations Director Mike Morrow.
Vice Mayor Lew made a motion for approval of Resolution 79, 2009.
Councilmember Jablin seconded.
Motion passed 4 -0.
XI. ORDINANCES
None.
XIL ITEMS FOR COUNCIL ACTION/DISCUSSION
Councilmember Jablin discussed the proposed work for the Military Trail/Bums Road
intersection. City Engineer Max Bosso commented.
Councilmembers decided to discuss Ordinance 5, 2009 at the October 1, 2009 meeting.
XIM CITY ATTORNEY REPORT
None.
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XIV. ADJOURNMENT
CouncHmember Jablin made a motion to adjourn.
Vice Mayor Lew seconded.
Motion passed 4 -0.
The meeting adjourned at 10:27 p.m.
The next regularly scheduled City Council meeting will be held October 1, 2009.
APPROVED:
Mayor
Robert G. Premuroso, Councilmember
ATTEST:
/Ocy"
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
09.24.09
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