HomeMy WebLinkAboutMinutes Council 020410I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
I FEBRUARY 4, 2010
6 The regular meeting was called to order at 7:01 p.m. by Mayor Russo.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councihember Eric Jablin,
10 Councilmember Jody Barnett, Councilmember Robert Premuroso.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 Mayor Russo recognized and presented Certificates of Achievement to the members and
16 coaches of the W.T. Dwyer High School Football State Championship team. A brick
17 commemorating the achievement will be placed in Veterans Plaza.
18 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
19 Councilmember Barnett had no report. Vice Mayor Levy reported attending League of
20 Cities, Workforce Alliance Consortium, Loxahatchee River Management Coordinating
21 Council, and Community Aesthetics Advisory Board meetings and the success of the Adopt -
22 A -Street program. Councilmember Premuroso attended a Budget Oversight Committee
23 meeting, will attend the Historical Society meeting next Wednesday and announced the
24 opening of baseball and softball seasons. Councilmember Jablin reported attending a
25 Scripps Research Institute reception at The Gardens Mall. Mayor Russo reported attending
26 an Intergovernmental meeting with the North County cities to discuss pain clinics, stated
27 Palm Beach Gardens City Council's endorsement of the Inspector General, explained issues
28 exist with the CSX railroad tracks being used for Amtrak, attended the Northern Palm Beach
29 County Chamber of Commerce Economic Advisory Board meeting, the W.T. Dwyer High
30 School Honor Society induction ceremony, Arti Gras kickoff meeting and announced the
31 Inner City Youth Golf Annual Dinner where he will be honored as a Community Leader.
32 Councilmember Barnett discussed Wackenhut Corporation leaving the City and how to spur
33 economic development.
34 VI. CITY MANAGER REPORT
35 None.
36 VII. COMMENTS FROM THE PUBLIC
37 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Eileen Tucker, 1045 Shady
38 Lakes Circle, Palm Beach Gardens; Jon Changing, 5520 PGA Boulevard, Palm Beach
39 Gardens. Gregory Gibson, 8510 East Gardens Oaks Circle, Palm Beach Gardens; Pat
40 Hughey, 9120 Reed Drive, Palm Beach Gardens; Kenneth Menard, 8510 E. Garden Oaks
41 Circle, Palm Beach Gardens.
42 Councilmember Jablin made a motion supporting Mr. Channing's "Wine, Dine & Design"
43 event.
44 Vice Mayor Lew seconded.
45 Motion passed 5 -0.
46 VIII. CONSENT AGENDA
47 a. Approve Minutes from January 7, 2010 City Council meeting.
48 Councilmember Jablin made a motion for approval of item a.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
02.04.10
I Councilmember Barnett seconded.
2 Motion passed 5 -0.
3 Vice Mayor Levy recused himself from voting on item b due to possible conflict of interest
4 because he is an adjunct professor at Palm Beach Community College.
5 b. Resolution 6, 2010 — Interlocal Agreement with Palm Beach Community College. A
6 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
7 Interlocal Agreement with Palm Beach Community College for professional development
8 training for Fire - Rescue personnel; providing an effective date; and for other purposes.
9 Councilmember Jablin made a motion for approval of Resolution 6, 2010.
10 Councilmember Barnett seconded the motion.
11 Motion was approved 4 -0.
12 IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing
13 The City Clerk read Ordinance 1, 2010 and announced a sign -up sheet for anyone wishing to
14 receive information concerning the date of publication of the Notice of Intent by the
15 Department of Community Affairs.
16 a. Ordinance 1, 2010 — (1st reading) Text Amendment to the Capital Improvements
17 Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
18 adopting an amendment to its Comprehensive Development Plan in accordance with the
19 mandates set forth in Sections 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a
20 City - initiated amendment which provides for the annual update to the five -year capital
21 improvements schedule within the capital improvements element, including revised text
22 necessary to update tabular data in the Capital Improvements Element; providing that the text
23 and data, as amended or revised, shall be substituted for and replace the existing text or data
24 in the Capital Improvements Element; providing for transmittal to the State Land Planning
25 Agency; providing a conflicts clause, a severability clause, and authority to codify; providing
26 an effective date; and for other purposes.
27 Mayor Russo opened the public hearing.
28 Staff Presentation: Planner Richard Marrero.
29 Public Comment: None.
30 Mayor Russo closed the public hearing.
31 Vice Mayor Levy made a motion for approval.
32 Councilmember Jablin seconded.
33 Motion passed 5 -0.
34 X. RESOLUTIONS
35 None.
36 XI. ORDINANCES (For Consideration on First Reading)
37 The City Clerk read Ordinance 5, 2010.
38 a. Ordinance 5, 2010 — Pain Clinic. An Ordinance of the City Council of the City of Palm
39 Beach Gardens, Florida amending Chapter 78. Land Development. by adopting new
40 Subsection 78- 1590)(47.1) and by amending Table 21: Permitted, Conditional and Prohibited
41 Use Chart in order to adopt regulations pertaining to Medical Offices; further amending
42 Chapter 78 at Section 78 -751. Definitions. by repealing the definitions of "Drugstore or
43 Pharmacy ", "Office, Medical or Dental", and "Office, Business or Professional" and
44 readopting same, as revised, in order to revise and clarify such definitions; providing that each
45 and every other Section and Subsection of Chapter 78. Land Development. shall remain in
46 full force and effect as previously adopted; providing a conflicts clause, a severability clause,
47 and authority to codify; providing an effective date; and for other purposes.
48 Presented Item: Planner Richard Marrero.
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Public Comment: Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens.
Vice Mayor Levy made a motion for approval.
Councilmember Jablin seconded.
Motion passed 5 -0.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
a. AIPP (Art in Public Places) Impact Fee Moratorium discussion (Councilmember
Barnett).
Councilmember Barnett explained her economic reasons for requesting the one -year
moratorium on Art Impact Fees. Discussion ensued with Council members declining to
support a moratorium.
Public Comment: Cable Neuhaus, Chair, Art in Public Places Advisory Board, 1106 Vintner
Boulevard, Palm Beach Gardens; David Porter, Vice Chair, Art in Public Places Advisory
Board, 11 Kintyre Road, Palm Beach Gardens.
XIII. CITY ATTORNEY REPORT
City Attorney IL Max Lohman discussed an ordinance which had been tabled at an earlier
meeting amending the Occupational License portion of the Code of Ordinance to comply with
Chapter 205, Florida Statutes.
Vice Mayor Levy made a motion to bring back from the table and reconsider the Ordinance
on Occupational License Code.
Councilmember Jablin seconded.
Motion passed 4 -1 with Councilmember Barnett dissenting.
(The remainder of this page intentionally left blank)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
02.04.10
PAGE 3
I XV. ADJOURNMENT
2 Councilmember Jablin made a motion to adjourn.
3 Vice Mayor Lew seconded.
4 Motion passed 5 -0.
5 The meeting adjourned at 8: 57 p.m.
6 The next regularly scheduled City Council meeting will be held February 18, 2010.
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APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
R. Russo, Mayor
D or
a
Eric Jablin, C c' mber
Jody Barnett, 4ricilmember
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
02.04.10
PAGE 4
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST N - MIDQLE NAME
Loa y cilt-ld J
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
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MA ING ADDR SS C
. T v Y HO I f 0 r f v G
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CIT COUNTY y r� 9C
f�, B�Q� � rte. -� «s
NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
Z /
MY POSITION IS:
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 rddevelopment 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 813 - EFF. 1/2000 PAGE I
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
I, IJ H y I L,( y r hereby disclose that on r'r 7 r 4 4 Y 1 , 20 Lp—:
(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,
inured to the special gain or loss of PO I h„ R e G C S t q T P Cot Jcy 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: �e}ol� "` �, d old.
A C oh frac-f 6eF tvPPh �-t�e CD( lPge qi�d CIfj/
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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
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2