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HomeMy WebLinkAboutMinutes Council 011509I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING I JANUARY 15, 2009 6 The January 15, 2009 Regular Meeting of the City Council was called to order at 7:05 p.m. by 7 Mayor Eric Jablin. 8 9 I. PLEDGE OF ALLEGIANCE 1 H. ROLL CALL 12 PRESENT: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 13 Councilmember Jody Barnett and Councilmember Robert Premuroso. 14 Mayor Jablin reported on the plane crash on the Hudson River in New York City and also 15 asked for a moment of silence for the passing of City employee Albert Charles Celotto. 16 III. ADDITIONS. DELETIONS. MODIFICATIONS 17 None. 18 IV. ANNOUNCEMENTS AND PRESENTATIONS 19 a. Certificate of Achievement for Excellence in Financial Reporting 20 b. Northern County Area Dispatch Consolidation 21 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 22 Councilmember Premuroso wished everyone a Happy New Year, thanked Chief Stepp for 23 the warning call (Dialogic message) he received warning about burglaries. 24 Councilmember Russo he attended Bioscience Land Protection Advisory Board (BLAB) 25 meeting, the Max Planck Science Tunnel is on display at the Science Museum, he attended 26 the PGA Corridor breakfast with Dr. Hank Fishkind. He requested a discussion about the 27 Founder's Day event. 28 Vice Mayor David Levy announced the Palm Beach Gardens Woman's Club celebration of 29 Arbor Day at Lake Catherine, acknowledged Chief Stepp and the Police Department for its 30 success during the recent Commission on Accreditation for Law Enforcement Agencies 31 (CALEA) review and acknowledged Code Enforcement Operations Director David Reyes for 32 his efforts in securing a grant for the restoration of the Bellewood Canal. 33 Councilmember Barnett reported the Community Aesthetics Board (CAB) will begin giving 34 beautification awards in categories of institutional, commercial and residential and be 35 recognized by the City Council. 36 Mayor Jablin announced the State of the County on Wednesday, January 21, 2009, The 37 Highwaymen exhibit in the lobby is the first of the 50th Anniversary events, the Metropolitan 38 Planning Organization (MPO) meeting and Tri- Rail's attempt to place a $2.00 user fee on car 39 rentals. 40 VI. CITY MANAGER REPORT 41 None. 42 VII. COMMENTS FROM THE PUBLIC 43 The following individuals commented to the Council: 44 Jeff Spear, 3721 SW 47th Avenue, Unit 307, Fort Lauderdale, Suzanne Archer, 3187 -B 45 Gardens East Drive, Sandalwood, Palm Beach Gardens, Roger Blanjy, 11658 Hemlock 46 Street, Palm Beach Gardens 47 VIII. CONSENT AGENDA 48 a. Approve Minutes from November 6, 2008 regular City Council meeting. 49 b. Approve Minutes from November 20, 2008 regular City Council meeting. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 01.15.09 I c. Approve Minutes from December 4, 2008 regular City Council meeting. 2 d. Approve Minutes from December 18, 2008 regular City Council meeting. 3 e. Resolution 6, 2009 — Agreement with Natural Resources Conservation Services. 4 f. Proclamation — Arbor Day. 5 Motion 6 Vice Mayor Levy made a motion for approval of the Consent Agenda. 7 Councilmember Russo seconded. 8 Motion passed 5 -0. 9 IX. PUBLIC HEARINGS 10 Part I —Quasi judicial 11 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The 12 City Clerk swore in all those intending to offer testimony. 13 The City Clerk read Ordinance 2, 2009 by title. 14 a. Ordinance 2, 2009 - (1st reading) Waterway Cafe. An Ordinance of the City Council of 15 the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprised 16 of approximately one and 50 /100 (1.50±) acres, more or less, in size, from Residential 17 Medium (RM) to General Commercial zoning district (CG -1); such parcel is located on the 18 South side of PGA Boulevard approximately '/a mile East of Prosperity Farms Road, 19 informally known as the "Waterway Cafe Parcel ", as described more particularly herein; 20 providing revisions to the zoning district map; providing a conflicts clause, a severability 21 clause, and authority to codify; providing an effective date; and for other purposes. 22 Mayor Jablin opened the public hearing and requested ex parte communication with none 23 declared. 24 The following individuals commented on this agenda item: Richard Marrero, Growth 25 Management Planner. 26 Mayor Jablin closed the public hearing. 27 Motion 28 Vice Mayor Levy made a motion for adoption of Ordinance 2, 2009 on first reading. 29 Councilmember Russo seconded. 30 Motion passed 5 -0. 31 Part H — Non- OuasiJudicial 32 The City Clerk read Ordinance 33, 2008 by title. 33 a. Ordinance 33, 2008 — (2nd reading) FY 2008 Budget Amendment. FY 2008 Budget 34 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 35 amending the City of Palm Beach Gardens' budget for the Fiscal Year beginning October 1, 36 2007, and ending September 30, 2008, inclusive; providing a conflicts clause, a severability 37 clause and authority to codify; providing an effective date; and for other purposes. 38 The following individuals commented on this agenda item Finance Administrator Allan 39 Owens 40 Mayor Jablin opened the public hearing. 41 With no one wishing to be heard, Mayor Jablin closed the public hearing. 42 Motion 43 Vice Mayor Levy made a motion for adoption of Ordinance 33, 2008 on second reading. 44 Councilmember Russo seconded the motion. 45 Motion passed 5 -0. 46 The City Clerk read Ordinance 34, 2008 by title. 47 b. Ordinance 34, 2008 — (2nd reading) FY 2009 Budget Amendment. An Ordinance of the 48 City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 01.15.09 I Gardens' budget for the Fiscal Year beginning October 1, 2008, and ending September 30, 2 2009, inclusive; providing a conflicts clause, a severability clause and authority to codify; 3 providing an effective date; and for other purposes. 4 Mayor Jablin opened the public hearing. 5 With no one wishing to be heard, Mayor Jablin closed the public hearing. 6 Motion 7 Vice Mayor Lew made a motion for adoption of Ordinance 34, 2008 on second reading. 8 Councilmember Premuroso seconded. 9 Motion passed 4 -1, with Councilmember Barnett dissenting. 10 X. RESOLUTIONS 11 The City Clerk read Resolution 3, 2009 by title. 12 a. Resolution 3, 2009 — Contract Award to Harvard Jolly, Inc. A Resolution of the City 13 Council of the City of Palm Beach Gardens, Florida approving an Agreement for Design 14 Criteria Professional Services with Harvard Jolly, Inc. for the construction of an Emergency 15 Operations and Communications Center; providing an effective date; and for other purposes. 16 The following individuals commented on this agenda item: Police Chief Stepp, 17 Communications Manager Judy Brandt, Fire Chief Pete Bergel, City Lobbyist Mr. 18 DeRita. 19 The following residents commented on this agenda item: John Chaplik, 715 Hudson Bay 20 Drive, Palm Beach Gardens, Joan Elias, 109 Diamond Head Way, Palm Beach Gardens, 21 Marilyn Jacobs, 16 Bermuda Lake Drive, Palm Beach Gardens. 22 Motion 23 Vice Mayor Levy made a motion for approval of Resolution 3, 2009. 24 Councilmember Premuroso seconded. 25 Motion passed 5 -0. 26 The City Clerk read Resolution 4, 2009 by title. 27 b. Resolution 4, 2009 — Miscellaneous petition for LA Fitness Plaza. A Resolution of the 28 City Council of the City of Palm Beach Gardens, Florida approving the LA Fitness Plaza 29 Planned Unit Development (PUD), formerly known as Shoppes on the Green, to update the 30 commercial plaza's exterior colors, materials, signage and landscaping, as described more 31 particularly herein; providing for waivers; providing for conditions of approval; providing an 32 effective date; and for other purposes. 33 The following individuals commented on this agenda item: Dodi Glas, Gentile, Holloway, 34 O'Mahoney, Kathryn Willson, Planner, Growth Management, Bob Arsenault, 175 Satellite 35 Avenue, Satellite Beach, Florida, Don Paulus, 112 Monterey Point Drive, Palm Beach 36 Gardens, George Benavides, LA Fitness Architect 2849 Waters Edge Circle, Greenacres. 37 Motion 38 Vice Mayor Levy made a motion for approval of Resolution 4, 2009. 39 Councilmember Russo seconded. 40 Motion passed 5 -0. 41 The City Clerk read Resolution 5, 2009 by title. 42 c. Resolution 5, 2009 — Median signage for LA Fitness Plaza. A Resolution of the City 43 Council of the City of Palm Beach Gardens, Florida approving the monument sign located in the 44 median of the Fairway Drive right -of -way in the PGA National Planned Community Development 45 (PCD), to be modified to reflect the plaza's name change from Shoppes on the Green to LA 46 Fitness Plaza, as described more particularly herein; providing an effective date; and for other 0 Purposes. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 01.15.09 1 2 Motion 3 Vice Mayor Lew made a motion for approval of Resolution 5, 2009. 4 Councilmember Russo seconded. 5 Motion passed 5 -0. 6 XI. ORDINANCES (for Consideration on First Reading) 7 The City Clerk read Ordinance 1, 2009 by title. 8 a. Ordinance 1, 2009 — Adopting the City Logo and official seal. An Ordinance of the City 9 Council of the City of Palm Beach Gardens, Florida, amending Chapter 2, Administration at 10 Article I, in general by adopting an entirely new Section 2 -2 to be entitled "City Seal"; 11 providing for the official adoption of a City Seal; describing the City Seal; providing that the 12 said City Seal may only be utilized for official City of Palm Beach Gardens business; further 13 amending Chapter 2, Administration by adopting a new Section 2 -3 to be entitled "City 14 Logo "; providing for the official adoption of the City Logo; describing the City Logo; 15 providing that the said City Logo may only be utilized for official City of Palm Beach 16 Gardens business; providing that the City Council may grant approval for the use of the Logo 17 for a proper purpose; providing that the City Council may adopt reasonable rules for the 18 manufacture, use, facsimile, or reproduction of this Logo; providing for penalties; providing 19 for registration with the Secretary of State of Florida; providing that each and every other 20 Provision, Section, and Article of Chapter 2, Administration shall remain in full force and 21 effect as previously enacted; providing a conflicts clause, a severability clause, and authority 22 to codify; providing an effective date; and for other purposes. 23 Motion 24 Vice Mayor Lew made a motion for approval of Ordinance 1, 2009. 25 Councilmember Russo seconded. 26 Motion passed 5 -0. 27 XII. ITEMS FOR COUNCIL ACTIONIDISCUSSION 28 Vice Mayor Lew received a request from citizens asking that the City contact Governor 29 Crist's office and Congressman Ron Klein's office to request that those offices also 30 acknowledge the Eternal Light award for Irving and Marion Wiseman. 31 Motion 32 Vice Mayor Lew made a motion authorizing Mayor Jablin to contact Governor Charlie 33 Crist's office and Congressman Ron Klein's office to request recognition for the Wiseman. 34 Councilmember Russo seconded. 35 Motion passed 5 -0. 36 Mayor Jablin stated he did send a letter of congratulations and a Proclamation to the 37 Wiseman. 38 Councilmember Russo suggested a communication workshop. 39 Councilmember Barnett stated that the Fire Fighter Pension Fund Board is welcome to 40 come before the City Council and express their opinions. 41 XIII. CITY ATTORNEY REPORT 42 Interim City Attorney IL Max Lohman stated he sent Councilmembers a memo regarding 43 the land at the Borland Center that came up at the last meeting. Interim City Attorney Lohman 44 stated he will bring this information back at the next City Council meeting on February 5, 45 2009. 46 47 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 01.15.09 1. 1 2 3 4 5 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 XIV. ADJOURNMENT Vice Mayor Lew made a motion to adjourn. Councilmember Russo seconded. Motion passed 5 -0. The meeting adjourned at 10:14 p.m. The next regularly scheduled City Council m APPROVED: ATTEST: I Patricia Snider, CMC City Clerk will beheld February 5, 2009. R. Russo, Mayor Jody Barnett Councilmember Robert G. Premuroso, Councilmember 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 01.15.09 PAGE 5