HomeMy WebLinkAboutMinutes Council 120309I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
I DECEMBER 3, 2009
6 The regular meeting was called to order at 7:02 p.m. by Mayor Russo.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin,
10 Councilmember Jody Barnett, Councilmember Robert Premuroso.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 DELETION
14 ANNOUNCEMENTS/PRESENTATIONS
15 c. Certificate of Achievement to David Thomas Fenton for attaining the rank of Eagle Scout
16 postponed to December 17, 2009.
17 Vice Mayor Levy made a motion for approval of the deletion.
18 Councilmember Jablin seconded.
19 Motion passed 5 -0.
20 IV. ANNOUNCEMENTS AND PRESENTATIONS
21 a. Residential Beautification Award.
22 Presented item: Community Aesthetics Advisory Board Chair Terence Brady.
23 Award presented: Mayor Russo presented to Michael and Robin Parsons.
24 b. Benjamin Varsity Golf Team — State Champions.
25 Presented item: Mayor Russo recognized the members of the Benjamin Varsity Golf Team.
26 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
27 Councilmember Barnett reported being unable to attend a Code Enforcement citizen
28 meeting and being unable to discuss an article in the December 3, 2009 edition of the Palm
29 Beach Post. Vice Mayor Levy had no report. Councilmember Premuroso announced the
30 December 9, 2009 Historical Society meeting. Councilmember Jablin thanked staff for their
31 work on the 50th Anniversary celebration and announced the Hanukkah celebration will be
32 held at Midtown on December 13, 2009. Mayor Russo thanked staff for the 50th Anniversary
33 celebration, the Big Heart Brigade for serving 67,000 Thanksgiving dinners, announced
34 attending an Economic Development meeting with the North County Chamber of Commerce
35 and discussed contacting Palm Beach County regarding joining the effort for the Inspector
36 General Ordinance. The Christmas Caroling celebration will be held Sunday, December 6,
37 2009 at the Burns Road Recreation Center.
38 VI. CITY MANAGER REPORT
39 None.
40 VII. COMMENTS FROM THE PUBLIC
41 Linda Hughey, 9120 Reed Drive, Palm Beach Gardens; Tom Cairnes, 3101 PGA
42 Boulevard, Palm Beach Gardens; Carolyn Chaulik, 715 Hudson Bay Drive, Palm Beach
43 Gardens; Suzanne Archer, 3187 -B Gardens East Drive, Palm Beach Gardens; Joan Elias,
44 1009 Diamond Head Way, Palm Beach Gardens.
45 VIII. CONSENT AGENDA
46 Councilmember Barnett requested item D, Resolution 109, 2009, be pulled.
47 Vice Mayor Levy requested item C, Resolution 104, 2009, be pulled.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
12.03.09
I Councilmember Jablin made a motion for approval of the Consent Agenda excluding items
2 C and D.
3 Vice Mayor Levy seconded.
4 Motion passed 5 -0.
5 Councilmember Jablin made a motion for approval of Resolution 104, 2009.
6 Councilmember Barnett seconded.
7 Motion passed 4 -0 with Vice Mayor Levy abstaining.
8 Vice Mayor Levy made a motion for approval of Resolution 109, 2009.
9 Councilmember Jablin seconded.
10 Motion passed 4 -1 with Councilmember Barnett dissenting.
11 IX. PUBLIC HEARINGS
12 Part I — OuasHudicial
13 Mavor Russo announced the procedures for tonight's proceedings.
14 Those preparing to give testimony were sworn in.
15 The City Clerk read Ordinance 32, 2009 by title.
16 a. Ordinance 32, 2009 — (2nd reading and adoption) Temple Beth David. An Ordinance
17 of the City Council of the City of Palm Beach Gardens, Florida relating to the expansion of
18 the Temple Beth David, located on Hood Road approximately 600 feet West of Military Trail,
19 at 4657 Hood Road; amending Ordinance 29, 2001, which approved the Temple Beth David
20 Conditional Use. In order to transfer and amend the Conditional Use and site plan approval
21 and related conditions to a separate Resolution; providing that future amendments to the
22 Conditional Use may be made by Resolution of the City Council; providing a conflicts clause,
23 a severability clause, and authority to codify; providing an effective date; and for other
24 purposes.
25 Mavor Russo opened the public hearing.
26 Vice Mayor Levy declared ex parte communication.
27 Presented item: Growth Management Administrator Kara Irwin.
28 Public Comment: Seymour A. Fine, 106 Quayside Drive, Jupiter.
29 Mayor Russo closed the public hearing.
30 Vice Mayor Levy made a motion for approval of Ordinance 32, 2009 on second reading and
31 adoption.
32 Councilmember Jablin seconded.
33 Motion passed 5 -0.
34 Resolution 84, 2009 is a companion item to Ordinance 32, 2009 and will require Council
35 action.
36 The City Clerk read Resolution 84, 2009 by title.
37 Resolution 84, 2009 - Temple Beth David. A Resolution of the City Council of the City of
38 Palm Beach Gardens, Florida amending the Temple Beth David Conditional Use and site plan
39 to allow a 1,800 - square -foot expansion, as described more particularly herein; providing
40 conditions of approval; providing an effective date; and for other purposes.
41 Vice Mayor Levy made a motion for approval of Resolution 84, 2009.
42 Councilmember Jablin seconded.
43 Motion passed 5 -0.
44 Part II — Non - Quasi - judicial
45 The City Clerk read Ordinance 29, 2009 by title.
46 a. Ordinance 29, 2009 — (1st reading) Permanent and temporary banner criteria. An
47 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter
48 78. Land Development by repealing Subsection 78- 284(h)(2) and readopting same as revised
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
12.03.09
I and adopting new Subsection 78- 284(i); further amending Chapter 78 by amending Table 24
2 permanent signs of Section 78 -285 Permitted Signs in order to revise and clarify the criteria
3 regulating permanent banners; further amending Chapter 78 by adopting new Section 78 -292
4 pole- mounted banner criteria.; further amending Chapter 78 at Section 78 -751 definitions to
5 provide definitions for "Sign, Pole- Mounted Banner" and to repeal the definition for "Sign,
6 Light Pole"; providing that each and every other Section and Subsection of Chapter 78 Land
7 Development shall remain in full force and effect as previously adopted; providing a conflicts
8 clause, a severability clause, and authority to codify; providing an effective date; and for other
9 purposes.
10 Mayor Russo opened the public hearing.
11 Presented item: Resource Manager Allyson Black.
12 Public Comment: Suzanne Archer, 3187 -B Gardens East Drive, Palm Beach Gardens;
13 Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens.
14 Mayor Russo closed the public hearing.
15 Vice Mayor Levy made a motion for approval of Ordinance 29, 2009.
16 Councilmember Jablin seconded.
17 Motion passed 4 -1 with Councilmember Barnett dissenting.
18 The City Clerk read Ordinance 37, 2009 by title.
19 b. Ordinance 37.2009 — (1st reading) Amendment to the Art Ordinance. An Ordinance of
20 the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78 Land
21 Development at Section 78 -261 Art in Public Places requirements by repealing Subsection (a)
22 in its entirety and by repealing Subsection (d)(2) and readopting same, as revised for internal
23 consistency and to provide regulations for public art selection and to provide for the use of art
24 impact funds for maintenance of publicly -owned art; further amending Chapter 78 at Section
25 78 -751 definitions to provide definitions for "Construction Cost ", "Development ", "Art,
26 Artwork, or Works of Art", and "Artist or Professional Artist "; providing that each and every
27 other section and subsection of Chapter 78. Land Development. shall remain in full force and
28 effect as previously adopted; providing a conflicts clause, a severability clause, and authority
29 to codify; providing an effective date; and for other purposes.
30 Mavor Russo opened the public hearing.
31 Presented item: Resource Manager Allyson Black.
32 Mayor Russo closed the public hearing.
33 Vice Mayor Levy made a motion for approval of Ordinance 37, 2009 on first reading.
34 Councilmember Jablin seconded.
35 Motion passed 5 -0.
36 X. RESOLUTIONS
37 None.
38
XI.
ORDINANCES (For Consideration on First Reading)
39
None.
40
XII.
ITEMS FOR COUNCIL ACTION/DISCUSSION
41
None.
42
XIII.
CITY ATTORNEY REPORT
43
City Attorney R. Max Lohman reported.
44
45
(The remainder of this page intentionally left blank.)
46
47
48
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12.03.09
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XIV. ADJOURNMENT
Vice Mayor Lew made a motion to adjourn.
Councilmember Jablin seconded.
Motion passed 5 -0.
The meeting adjourned at 8:16 p.m.
The next regularly scheduled City Council meeting will be held December 17, 2009.
APPROVED:
R. Russo, Mayor
Robert G. Premuroso, Councilmember
ATTEST:
za�
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
12.03.09
PAGE 4
FORM
COUNTY
813 MEMORANDUM OF VOTING CONFLICT FOR
MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST SAME —FIRST NAME IDDL� NAME
1 e I� q �� L e v
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTE
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MF�LIN�4QD SS� O
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
W H I SERVE IS A UNIT OF:
CITY ❑COUNTY L) OTHER LOCAL AGENCY
CITYP�'jy' �Q(�
%(,r �OU S
NAME OF POLITICAL UBDIVISI N:
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DATES ON WHICH VOTE OCCURRED
MY POSITION IS:
6�- ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
+ You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM SB - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
• The form must be'read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Le v hereby disclose that on P r -,206?
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
t, c
!1 inured to the special gain or loss of Pa Im oeqch Cb ti" m 4 a rt j G 601"1 e , by
whom I am retained; or
Inured to the special gain or loss of which
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
(Zes.lo;io^ 104, ac-Dq
I Z /3 /e y
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
L CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 1/2000 PAGE 2