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HomeMy WebLinkAboutMinutes Council 112008I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 NOVEMBER 20, 2008 6 The November 20, 2008 Regular Meeting of the City Council of the City of Palm Beach 7 Gardens, Florida, was called to order at 7:05 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 attendance: 13 Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember 14 Jody Barnett and Councilmember Robert Premuroso. 15 III. ADDITIONS. DELETIONS, MODIFICATIONS 16 ADDITIONS 17 None. 18 DELETIONS 19 Under Public Hearing: Part I — Quasi-judicial 20 Resolution 95, 2008 — Decorators Unlimited. A Resolution of the City Council of the City of 21 Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of South Park 22 Center (a.k.a. Decorator's Unlimited); providing waivers; providing conditions of approval; 23 providing an effective date; and for other purposes. 24 The petitioner has requested a second postponement to January 2009. They are currently 25 evaluating various architectural ideas that could result in an aesthetic change to the proposed 26 ornamental tower feature. A copy of the letter from the Johnston Group has been provided for 27 each member of Council. 28 Motion 29 Councilmember Russo made a motion for approval to postpone Resolution 95, 2008. Vice 30 Mayor Levy seconded. The motion passed unanimously, 5 -0. 31 MODIFICATIONS 32 None. 33 IV. ANNOUNCEMENTS AND PRESENTATIONS 34 a. Colleen Smith of the Florida Classical Ballet Theatre introduced the dancers from the 35 Nutcracker, which will be performing on November 28 and 30, 2008. 36 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 37 a. Councilmember Barnett wished everyone a happy Thanksgiving. The Tree Lighting is 38 December 3, 2008 and the Chanukkah party is December 22, 2008. 39 b. Vice Mayor Levy attended the Riverside Thanksgiving Gala. Councilmember Barnett and 40 Vice Mayor Levy attended the Veterans Day ceremony at Duncan Middle School. 41 c. Councilmember Russo reported on his visit to Tallahassee concerning the ethics complaint 42 filed against him by a person from another City that never attended a City Council meeting in 43 Palm Beach Gardens. Councilmember Russo cautioned other Councilmembers on the issues 44 involved and also stated he has never violated the trust of the City's residents or anyone else. 45 Councilmember Russo explained the legal aspects surrounding the complaint. 46 d. Councilmember Premuroso thanked Councilmember Russo for his advice and stated he 47 believes Councilmember Russo has the support of many residents. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 11.20.08 I e. Mayor Jablin stated his support for Councilmember Russo. Mayor Jablin reported on 2 attending the Art in Public Places (AIPP) November 18, 2008 meeting and thanked 3 Councilmember Barnett for her suggestion to have bus stops as art. The AIPP Board considered 4 the suggestion favorably. Also discussed at the meeting was that there is no signage along I -95 or 5 Florida's Turnpike that says, "Welcome to the City of Palm Beach Gardens." Councilmembers 6 supported Mayor Jablin writing a letter to the Florida Department of Transportation (FDOT) 7 requesting appropriate signage. Mayor Jablin reported attending the North Palm Beach County 8 Improvement District election and offered his congratulations to the newly elected Board 9 members. 10 VL CITY MANAGER REPORT 11 a. City Manager Ron Ferris reported meeting with Joel Channing, President of the PGA 12 Corridor Association and Nicole Christian, the new President and Chief Executive Officer 13 (CEO) of the Northern Palm Beach County Chamber of Commerce. Nicole was introduced to the 14 City Council and came to the podium to provide details on her background. Suzanne Neve, 15 Director of programs and Services, discussed the upcoming Art in the Gardens to be held at the 16 Midtown Development Complex. 17 b. Public Facilities Director Charlotte Presensky explained the recently received MacArthur 18 Foundation Grant and 50th Anniversary celebration planned events. Most events do have a 19 volunteer core group but more volunteers are welcome, and more sponsors are being sought. The 20 MacArthur Foundation Grant includes funding for a statue of John D. MacArthur, a concert 21 series and sponsorship for 50th Anniversary events. Director Presensky explained the financial 22 aspects of the MacArthur Foundation Grant, which has been reviewed by the Legal Department 23 and approved for sufficiency. The elements of the Grant were presented and the actions required 24 are: 1) accept the Grant through Council vote so they can move forward on signing the Grant 25 agreement and 2) determine the approach for the statue and the music series. The options are: 1) 26 utilize State Statute or 2) utilize past practices. 27 City Council discussed acceptance of the Grant and the events they envisioned. Director 28 Presensky explained that by the City Council signing the agreement tonight she will prepare a 29 document asking to amend the January date requirement due to the lack of time for preparation. 30 Motion 31 Vice Mayor Levy made a motion to accept the MacArthur Foundation Grant. Councilmember 32 Russo seconded. The motion passed unanimously, 5 -0. 33 Mayor Jablin explained that the MacArthur Foundation has discussed the statue with an artist 34 they like, but they do not want to do the contract and they are asking the City to do so. 35 Motion 36 Vice Mayor Levy made a motion approving the choice of artist. Councilmember Barnett 37 seconded. The motion passed unanimously, 5 -0. 38 Director Presensky stated that nothing further needs to be done tonight because she will contact 39 the MacArthur Foundation tomorrow to discuss options. 40 Councilmember Russo asked City Manager Ferris to provide evaluation reports on the Fire 41 Station staffing changes during the six -month trial. City Manager Ferris agreed. 42 VII. COMMENTS FROM THE PUBLIC 43 Roger Blangy, Garden Woods, Palm Beach Gardens, stated his objections to City Manager 44 Ferris' letter regarding street resurfacing in Garden Woods. Mr. Blangy also cited issues with 45 train noise at night. 46 Steve Cohen, Palm Beach High School Foundation, Palm Beach Gardens, commended the 47 Mayor and Councilmembers on getting the MacArthur Foundation Grant. Mr. Cohen ensured CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 11.20.08 I that all Councilmembers will have a written invitation to next year's annual PGA Corridor 2 Association cocktail party for their calendar. The Eighth Annual Economic Forecast with Dr. 3 Hank Fishkind will be held on January 14, 2009. The Palm Beach Gardens Historical Society is 4 incorporated as a Florida Not For Profit Corporation and the 501(3)(c) application has been 5 submitted to the Internal Revenue Service (IRS) and is pending. 6 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, discussed the Autism Center and 7 requested status updates. 8 Pat Hughey, Palm Beach Square, Palm Beach Gardens, discussed Council attendance. Interim 9 Attorney R. Max Lohman stated there is no attendance procedure for any elected official in the 10 State of Florida. 11 Eileen Tucker, Shady Lakes, Palm Beach Gardens, thanked Director Presensky for her efforts 12 and suggested a parade and placement of the statue near the Banyan Tree. Ms. Tucker stated her 13 objections to the Shady Lakes extension and inquired if the Palm Beach Community Church is 14 paying taxes on the rental income from the Lyric Theatre using the facility. 15 VIII. CONSENT AGENDA 16 None. 17 IX. PUBLIC HEARINGS 18 Park I —Quasi — iudicial 19 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The 20 City Clerk swore in all those intending to offer testimony in any of tonight's public hearings. The 21 City Clerk read Resolution 95, 2008 by title. 22 a. Resolution 95.2008 — Decorator's Unlimited. A Resolution of the City Council of the City of 23 Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of the South 24 Park Center (a.k.a. Decorator's Unlimited); providing waivers; providing conditions of approval; 25 providing an effective date; and for other purposes. 26 The public hearing remains open from the November 6, 2008 postponement. Mayor Jablin 27 invited public comments. None were forthcoming. 28 Motion 29 Vice Mayor Levy made a motion for postponement of Resolution 95, 2008 to January 15, 2009. 30 Councilmember Russo seconded. The motion passed unanimously, 5 -0. 31 The City Clerk read Resolution 103, 2008 by title. 32 b. Resolution 103, 2008 — Seacoast Utility Authority Hood Road Water Treatment Plant. A 33 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a major 34 conditional use and a site plan amendment for a utility plant on a 40 -acre parcel of land, located 35 at the Southwest corner of the intersection of Hood Road and Alternate AlA, as more 36 particularly described herein, to be referred to as the "Seacoast Utility Authority Hood Road 37 Water Treatment Plant"; approving amendments to the existing site plan for the expansion of an 38 existing utility plant use, including the addition of a 40,010- square -foot membrane water 39 processing building and other minor modifications; providing conditions of approval; providing 40 an effective date; and for other purposes. 41 Mayor Jablin opened the public hearing and requested ex parte communication. Vice Mayor 42 Levy declared talking to Anne Booth and receiving a -mails which were entered into the public 43 record. No other ex parte communication was declared. 44 Anne Booth, representing Seacoast Utility Authority, described the location of the facility on the 45 site, accessory uses, proposed water retention area and the sludge pond. The construction of the 46 facility, which will be done in stages through 2012, was described. Concern for the residents was 47 a factor in the location of the membrane building. Other considerations were described. The CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 11.20.08 I color of all new and existing structures will match a color palette consistent of that of Evergrene. 2 Equipment location, noise levels and odor were addressed. Landscaping and buffers were 3 described. There will be no new structures closer to The Isles than already exist. The sludge pond 4 will be eliminated through the new membrane processing system. A corridor exists along the 5 Seacoast property that has an opening in the wall that must be protected because of an existing 6 16 -inch water main that runs to PGA Boulevard. The line has been in place for over 30 years and 7 cannot have root infiltration. The new plant will improve the water quality, consistency in 8 meeting required Federal water standards, eliminate lime sludge and meet future City 9 development needs. 10 Vice Mayor Levy inquired about reverse osmosis, which will be provided. Rim Bishop, 11 Executive Director, discussed well sites and stated less chlorine use will be required. Emergency 12 generators will be inside and surrounded by acoustical block. Vice Mayor Levy stated his 13 approval of the new facility. Councilmember Premuroso asked if there will be negative impact to 14 the surrounding neighborhoods. Rim Bishop stated that the new facility will bring significant 15 improvement. Councilmember Russo complimented the new building and facility. 16 Stephen Mayer, Growth Management Senior Planner, presented the Seacoast Utility Major 17 Conditional Use, Site Plan Amendment and that staff recommends approval. 18 Margaret Shannon, I I I I Orinoco Way, Palm Beach Gardens, Board President of The Isles 19 Homeowner Associaiton, stated she sent a letter regarding Resolution 103, 2008 and would be 20 happy to answer any questions. There were no questions and Mayor Jablin thanked her for 21 coming. 22 Interim Attorney R. Max Lohman listed letters received for entry into the record: Margaret 23 Shannon — letters dated September 22, 2008 and November 19, 2008; Martha Weber — 24 November 20, 2008. 25 Martha Weber, 1370 Saint Lawrence Drive, Palm Beach Gardens, stated she is directly affected 26 by the proposed project and listed her concerns. Anne Booth answered Ms. Weber. 27 With no further public comments, Mayor Jablin closed the public hearing. 28 Motion 29 Vice Mayor Levy made a motion for approval of Resolution 103, 2008. Councilmember Barnett 30 seconded. The motion passed unanimously, 5 -0. 31 Park II — Non -Quasi judicial 32 The City Clerk read Ordinance 28, 2008 by title. 33 a. Ordinance 28, 2008 — (2nd reading and adoption) Amending the Capital Improvements 34 Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting 35 an amendment to its Comprehensive Development Plan in accordance with the mandates set 36 forth in Section 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a City- initiated 37 amendment which provides for the annual update to the five -year Capital Improvements 38 schedule within the Capital Improvements Element, including revised text necessary to update 39 tabular data in the Capital Improvements Element; providing that the text and data, as amended 40 or revised, shall be substituted for and replace the existing text or data in the Capital 41 Improvements Element; providing for transmittal to the State Land Planning Agency; providing 42 a conflicts clause, a severability clause, and authority to codify; providing an effective date; and 43 for other purposes. 44 Councilmember Barnett established there were no changes between the first and second 45 readings. No presentation was required. 46 Mayor Jablin opened the public hearing. With no one wishing to be heard, the public hearing was 47 closed. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 11.20.08 I Motion 2 Vice Mayor Levy made a motion for adoption of Ordinance 28, 2008 on second reading. 3 Councilmember Barnett seconded. The motion passed unanimously, 4 5 -0. 5 X. RESOLUTIONS 6 a. Resolution 99 2008 - Contract award to Sunshine Land and Design, Inc. A Resolution of 7 the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Sunshine 8 Land and Design, Inc. for the PGA National Park Multipurpose Field Improvements Project, Bid 9 No. 2008 -008, in the amount of $223,498.48; authorizing the Mayor the execute the contract; 10 providing an effective date; and for other purposes. 11 Todd Engle, Construction Services Director, presented background on the project, described the 12 location and work to be completed. Staff recommends approval of Resolution 99, 2008. 13 Councilmember Russo asked about the grass to be used for the fields. Director Engle stated 14 Celebration Bermuda. 15 Motion 16 Councilmember Barnett made a motion for approval of Resolution 99, 2008. Vice Mayor Levy 17 seconded. The motion passed unanimously, 5 -0. 18 XL ORDINANCES (for Consideration on First Reading) 19 The City Clerk read Ordinance 27, 2008. 20 a. Ordinance 27. 2008 - (1st reading) 10 Year Water Facilities Work Plan. An Ordinance of 21 the City Council of the City of Palm Beach Gardens, Florida, amending its Comprehensive 22 Development Plan to adopt the City's 10 -Year Water Facilities Work Plan, in accordance with 23 the mandates set forth in Sections 163.3177 and 163.3184, et seq., Florida Statutes, providing for 24 a comprehensive update to the Future Land Use, Infrastructure, Conservation, Intergovernmental 25 Coordination and Capital Improvement Elements, affecting the pagination in each amended 26 element and including revised text necessary to update the data and analysis of the 27 comprehensive plan; providing that the text, as amended or revised, shall be substituted for and 28 replace the existing text in all amended elements; providing for transmittal to the State Land 29 Planning Agency; providing a conflicts clause, a severability clause and authority to codify; 30 providing an effective date; and for other purposes. 31 Mayor Jablin opened the public hearing. 32 Growth Management Planning Manager Nilsa Zacarias presented the 10 year water facility water 33 plan including Statute requirements, data analysis, key issues and the Comprehensive Plan 34 Amendment. 35 Vice Mayor Levy asked if there are any restrictions on development within zone 1 and zone 2 of 36 the well field protection area, specifically, can they not be allowed to have industrial use because 37 they are prohibited from having hazardous materials in those zones. Planning Manager Zacarias 38 stated the City's Code does address restrictions. Councilmember Premuroso inquired if 39 unincorporated areas within the City are included. Planning Manager Zacarias stated future 40 annexation areas were not included but Seacoast would have to be consulted before annexation 41 could take place. 42 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, discussed different undeveloped 43 properties and the possible ramifications on water use. 44 With no further public comments, Mayor Jablin closed the public hearing. 45 Motion 46 Vice Mayor Levy made a motion for approval of Ordinance 27, 2008 on first reading. 47 Councilmember Barnett seconded. The motion passed unanimously, 5 -0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 11.20.08 2 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 43 44 45 46 The City Clerk read Ordinance 29, 2008. b. Ordinance 29, 2008 — (1st reading) Establishing a Construction Board of Adjustment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 2, Administration, at Sections 2 -145, 2 -146, 2 -147, and 2 -148 in order to establish a Construction Board of Adjustment and Appeals (CBAA) to designate the Planning, Zoning, and Appeals Board as the CBAA and to clarify the process by which appeals of staff level administrative decisions may be taken; providing that each and every other Section and Sub - section of Chapter 2, Administration, 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. Building Services, Chief Building Official, Doug Wise presented the establishment of the CBAA. The process, methodology and requirements for an engineer, division one contractor, and fire safety professionals were explained. The function of the Board was explained. Staff recommends approval of Ordinance 29, 2008. Vice Mayor Levy asked if there is an appeal process beyond the Planning, Zoning and Appeals Board (PZAB). Chief Building Official Wise explained that the State appeal process is still in effect and the next venue for appeal is the Florida Building Commission. Councilmember Premuroso asked if other municipalities have this type of board under the PZAB. Interim Attorney R. Max Lohman stated that they do. Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin closed the public hearing. Motion Vice Mayor Levy made a motion for approval of Ordinance 29, 2008 on first reading. Councilmember Barnett seconded. The motion passed unanimously, 5 -0. The City Clerk read Ordinance 30, 2008. C. Ordinance 30, 2008 — (1st reading) Amending Chapter 78. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78, Land Development at Section 7849 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 explained that by amending Chapter 2, the powers of the PZAB have been expanded. Establishing an appeals process is now being addressed. Administrator Irwin explained the steps involved in the process. Councilmember Barnett stated that the courts give twenty (20) days for response and she thinks that ten (10) calendar days is too short. Interim Council R. Max Lohman said that other municipalities have different lengths of time for response and the decision on length of time is up to City Council. Councilmember Barnett agreed with a time limitation and suggested thirty (30) days to appeal. City Manager Ferris asked if a decision is made on an administrative level by the applicant who is requesting the decision, how long will they be allowed to wait. Councilmember Barnett pointed out that ten (10) days would not be enough time to seek counsel. Discussion ensued with agreement reached at twenty (20) days to appeal. Administrator Irwin continued with her explanation of the time limits involved in the process. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 11.20.08 I Councilmember Barnett inquired about further steps in the appeal process. Interim Attorney R. 2 Max Lohman explained that if the resident does not respond the only other step would be a 3 declaratory action. Councilmember Barnett suggested having a means of immediate notification 4 of the process to the resident at the PZAB hearing. Interim Attorney R. Max Lohman explained 5 that this is not an appeals process for PZAB. PZAB will hear the appeal based on a decision 6 made by the Growth Management Director. City Manager Ferris stated that as a part of the 7 standard operating procedure when the decision is rendered in writing a statement will be mailed 8 notifying the person about the appeal process. Agreement was reached among Councilmembers. 9 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin closed 10 the public hearing. 11 Motion 12 Vice Mayor Levy made a motion for approval of Ordinance 30, 2008 on first reading. 13 Councilmember Barnett seconded. The motion passed unanimously, 5 -0. 14 The City Clerk read Ordinance 31, 2008. 15 d. Ordinance 31. 2008 — (1st reading,) Florida building codes and unsafe building g odes. An 16 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 86, 17 entitled "Buildings and Building Regulations" at Section 86 -26 of the City Code of Ordinances 18 to provide local amendments to the Florida Building Code related to Administration and to Wind 19 Loads; further amending Chapter 86 by adopting new Section 86 -29, entitled "Hurricane 20 Shutters" and adopting new Section 86-30, entitled "Maximum Occupancy "; repealing Article 21 III, entitled "Storage of Building Material and Equipment," Article IV, entitled "Structures Used 22 As Models," and Article V, entitled "Swimming Pools "; providing a conflicts clause, a 23 severability clause, and authority to codify; providing an effective date; and for other purposes. 24 Chief Building Official Doug Wise explained the administrative tools proposed to enforce the 25 Florida Building Codes consistently, clarify requirements by adding clear definitions and 26 establish ethical guidelines for division staff. It is based on statutory authority. The effects of the 27 Ordinance are to create an unsafe building abatement process, adopt provisions of the 28 International Code Congress International Maintenance Code. Staff recommends approval or 29 Ordinance 31, 2008. 30 Councilmember Barnett requested a change to page 509, Section 86 -30 — Maximum Occupancy 31 following "regulations are minimum standard set forth in the Florida Building Code. In the event 32 of a conflict between this section and the Florida Building Code" by adding the words "or any 33 other section of the Palm Beach Gardens City Code the most restrictive provision shall control." 34 Mayor Jablin opened the public hearing. 35 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, asked if the maximum 36 occupancy refers to unrelated people living in a unit. Interim Attorney R. Max Lohman 37 explained the specifications of square feet to occupancy and the number of sleeping rooms. 38 Councilmember Barnett requested Interim Attorney Lohman provide language using the term 39 "sleeping rooms." 40 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, asked if this Ordinance will 41 strengthen the City's ability to go into foreclosed houses for safety issues. Mayor Jablin and 42 Doug Wise said that Ordinance 31, 2008 will allow that. 43 Mayor Jablin closed the public hearing. 44 Motion 45 Vice Mayor Levy made a motion to approve Ordinance 31, 2008 on first reading. 46 Councilmember Barnett seconded. The motion passed unanimously, 47 5 -0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 11.20.08 2 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 42 43 44 45 46 47 The City Clerk read Ordinance 32, 2008. e. Ordinance 32, 2008 — (Ist reading) 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 "Post 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 adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date and for other purposes. Code Enforcement Operations Director David Reyes explained the purpose of the Ordinance and the relationship to the Federal Emergency Management Agency (FEMA) policies for debris collection on private roads and reimbursement. Staff recommends approval of Ordinance 32, 2008. Councilmember Russo stated his support for Ordinance 32, 2008. Councilmember Premuroso inquired if some private communities took care of their own debris removal. Mayor Jablin explained that some did by bringing their debris to a specific location and the City picking it up there. Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, explained that some associations paid their landscape companies to remove debris. Mayor Jablin opened the public hearing. Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, explained the debris pickup following the hurricanes by The Isles. Mayor Jablin closed the public hearing. Motion Vice Mayor Levy made a motion to approve Ordinance 32, 2008 on first reading. Councilmember Barnett seconded. The motion passed unanimously, 5 -0. XH. ITEMS FOR COUNCIL ACTION/DISCUSSION a. January 1, 2009 Council meeting. Councilmember Barnett suggested that January 29, 2008 is available if a second City Council meeting needs to be held. City Manager Ferris stated he expects a light agenda for the January 15, 2009 meeting and explained that the Charter requires the City Council hold one meeting per month, not two. Motion Vice Mayor Levy made a motion to cancel the scheduled January 1, 2009 City Council meeting. Councilmember Barnett seconded. The motion passed unanimously, 5 -0. b. Membership to the Historical Society. Councilmember Premuroso stated his support for a $500.00 membership donation. City Manager Ferris stated the donation is legal and there is a line item in the budget. Discussion ensued. Mayor Jablin stated he does not consider the Palm Beach Gardens Historical Society as a charity, but as a living history of the City. City Manager Ferris explained the budget money available. Public Works Director Charlotte Presensky explained the background of archiving and preserving the City's documents and how the volunteer group has evolved into the newly formed Palm Beach Gardens Historical Society. Discussion ensued about how other city historical societies function. Councilmembers agreed to postpone a decision and invite the Palm Beach Gardens Historical Society to the December 4, 2008 City Council meeting for a discussion. C. Economic Development and Transportation. Growth Management Planning Manager Nilsa Zacarias presented economic development and mass transit planning options for the future as CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 11.20.08 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 submitted to the Department of Community Affairs (DCA) in the Comprehensive Plan. The benefits of Tri-Rail and bioscience clusters were discussed. Dana Little, Urban Design Director for the Treasure Coast Regional Planning Agency and Kim Delaney, Growth Management Coordinator for the Treasure Coast Regional Planning Agency. Dana Little discussed the Florida East Coast Corridor Study including re- establishing passenger rail service by extending Tri-Rail into North County. Dana Little explained the week -long Charrette he is proposing and the resulting report. Planning Manager Zacarias explained the requirements for the proposed February 2009 Charrette including a two-member steering committee. Councilmember Barnett questioned if this has already been agreed to. Councilmember Russo stated that all of this ground work had already been done with Parcel 5B being chosen. Planning Manager Zacarias explained that sites are being looked at. The cost of the Charrette is $190,000.00, with the Metropolitan Planning Organization (WO) paying $50,000.00, The Regional Transit Authority (RTA) paying $40,000.00, and FDOT paying $50,000.00 leaving Palm Beach Gardens to contribute $30,000.00 along with an additional $10,000 of in -kind services. This process is not required to file for Federal funds. Councilmember Barnett stated her objections to going through this process again. Councilmember Russo reiterated his objections. Planning Manager Zacarias discussed connectivity and aesthetics of the site. Mayor Jablin stated his concern that Daniel Catalfumo will try to move 5B to 5A. Growth Management Administrator Kara Irwin reiterated the proposed meeting is an opportunity for Palm Beach Gardens residents to be heard regarding their preference for using parcel 5B. Vice Mayor Levy stated his concern that the State will not have the 25 percent funding to contribute. Councilmembers Barnett and Russo both stated their objections. Mayor Jablin stated his support. Vice Mayor Levy questioned the need for a week long charrette. Planning Manager Zacarias explained the week's activities. City Manager Ferris stated issues to be considered. Dana Little stated that it was not necessary to make a decision tonight. Planning Manager Zacarias stated that $30,000.00 is not too much for the information that will be gained. Councilmember Premuroso asked if it is possible to advertise to raise resident awareness and interest. Growth Management Administrator stated the aim was to hold the Charrette during season so more people could participate. Vice Mayor Levy asked if an intermodal system and its funding will be addressed, including the possibility of special taxing districts will be included. Dana Little stated that it will be. Mayor Jablin stated that a decision will be made at the December 4, 2008 City Council meeting. X1H. CITY ATTORNEY REPORT None. (The remainder of this page intentionally left blank) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11.20.08 PAGE 9 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 42 43 44 45 46 47 48 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 11:02 p.m. The next regularly scheduled City Council meeting will be held December 4, 2008. APPROVED: Eric David Levy,yice MayV a Russo, Councilmember Jody Barn 4l Councilmember Robert G. Premuroso, Councilmember ATTEST: �O 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. 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