HomeMy WebLinkAboutMinutes Council 0710141 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 July 10, 2014
5
6 The regular meeting was called to order at 7:02 p.m. by Mayor Premuroso.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member
10 Tinsley, Council Member Levy.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 Mayor Premuroso per City Manager Ron Ferris modified agenda to remove Resolution 42,
14 2014 to 1st meeting in September.
15 Vice Mayor Jablin made a motion for remove Resolution 42, 2014 from the agenda.
16 Council Member Tinsley seconded.
17 Motion passed 5-0.
18 IV. ANNOUNCEMENTS AND PRESENTATIONS
19 a. RECOGNITION OF SPONSORS FOR THE GARDENS CUP GOLF TOURNAMENT.
20 b. RECOGNITION OF LIEUTENANT ROBERT PIERIS -FIREFIGHTER OF THE YEAR.
21 RECOGNITION BY THE AMERICAN LEGION POST# 371.
22 c. RECOGNITION OF FIREMEDIC JUSTIN AUTWELL -PARAMEDIC OF THE YEAR.
23 RECOGNIZED BY THE EMS PROVIDERS ASSOCIATION OF PALM BEACH COUNTY.
24 d. RECOGNIZING PALM BEACH GARDENS POLICE EXPLORERS FOR 1sT PLACE
25 FINISH IN THE "EXPLORING LAW ENFORCEMENT CHALLENGE" (REGIONAL
26 COMPETITION).
27 e. PROJECT OP ALEYE.
28 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
29 Council Member David Levy: Thanked Police Department Explorer's for a job well done in
30 the Exploring Law Enforcement Challenge; Attended Florida League of Cities monthly meeting;
31 Thanked Lieutenant Firefighter of the Year Robert Pieris and Paramedic of the Year Justin
32 Autwell for a job well done. Attended the Loxahatchee River Management Coordinating Council
33 meeting.
34 Council Member Marcie Tinsley: Provided the welcome at this year's Fire Prevention
35 Conference; Met with business leaders regarding the education initiative; attended the State of
36 the Chamber breakfast; attended the Treasure Cost Regional Planning Council; attended the joint
37 meeting with the Recreation Advisory Board and Palm Beach Gardens Youth Athletic
38 Association; met with Commissioner Hal Valeche regarding the park on Central Boulevard;
39 Attended the Planning and Zoning Appeals Board workshop; Attended the North County
40 Economic Development Advisory Board; Thanked Police Department Explorers; Congratulated
41 Firefighter and Paramedic of the Year.
42 Council Member Joseph Russo: Attended the North County Economic Development Advisory
43 Board; Reported Honda Classic gave over $2.55 million to charity; Voiced concerns regarding
44 Scripps.
45 Vice Mayor Eric Jablin: Voiced his concerns regarding Scripps; Reported the highlights of his
46 trip to Normandy.
47 Mayor Robert Premuroso: Reported the City hosted the Cal Ripken Rookie state baseball
48 tournament for 48 teams; reported the City will host the 12 year old state tournament; reported
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1 the City will host the 9 year old South Regional baseball tournament. Thanked Parks staff for
2 their hard work to maintain the fields during the tournaments.
3 VI. CITY MANAGER REPORT
4 None.
5 VII. COMMENTS FROM THE PUBLIC
6 Steve Mathison, 5606 PGA Blvd, Palm Beach Gardens; Suzette Navratik, 1103 11th Lane,
7 Palm Beach Gardens; Steve Martino, 3240 Meridian Way S. Palm Beach Gardens.
8 VIII. CONSENT AGENDA
9 a. APPROVE MINUTES FROM JUNE 5, 2014 CITY COUNCIL MEETING.
10 b. RESOLUTION 40, 2014 -PLAT-13-11-000053 -TRINITY UNITED METHODIST
11 CHURCH. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
12 GARDENS, FLORIDA APPROVING THE TRINITY UNITED METHODIST CHURCH
13 PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
14 c. RESOLUTION 45, 2014 -PROJECT OPALEYE. A RESOLUTION OF THE CITY
15 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOMMENDING
16 MEDYTOX SOLUTIONS, INC., A PROJECT REFERRED TO AS "PROJECT OPALEYE",
17 BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO
18 SECTION 288.106, FLORIDA STATUTES; PROVIDING LOCAL FINANCIAL SUPPORT IN
19 THE FORM OF UP TO $36,000 FOR THE QUALIFIED TARGET INDUSTRY TAX
20 REFUND WITH HIGH-IMPACT SECTOR BONUS; PROVIDING CONDITIONS OF
21 APPROVAL FOR THE FUNDING OF THE GRANT; PROVIDING AN EFFECTIVE DATE;
22 AND FOR OTHER PURPOSES.
23 d. PROCLAMATION-NATIONAL NIGHT OUT.
24 e. PROCLAMATION -PARKS AND RECREATION MONTH.
25 Council Member Leyy made a motion for approval of the Consent Agenda.
26 Vice Mayor Jablin seconded.
27 Motion passed 5-0.
28 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
29 Those preparing to give testimony were sworn in.
30 The City Clerk read Ordinance 8, 2014 and Resolution 29, 2014 by title.
31 a. *ORDINANCE 8, 2014 -(2nd READING AND ADOPTION). CHURCH IN THE
32 GARDENS, INC. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
33 BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE
34 CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF
35 ONE (1) PARCEL OF REAL PROPERTY TOTALING 3.23 ACRES IN SIZE, MORE OR
36 LESS, LOCATED AT THE NORTHEAST CORNER OF HOLLY DRIVE AND I-95, TO BE
37 KNOWN AS THE CHURCH IN THE GARDENS PLANNED UNIT DEVELOPMENT (PUD);
38 PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE
39 PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING
40 DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN
41 UNDERLYING ZONING DESIGNATION OF RESIDENTIAL LOW DENSITY-3 (RL-3);
42 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE
43 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
44 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
45 FOR OTHER PURPOSES.
46 Mayor Premuroso opened the Public Hearing.
47 Mayor Premuroso asked for any ex-parte.
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1 Mayor Premuroso spoke with residents in the neighborhood regarding the project; Council
2 Member Levy spoke with a resident regarding the project; Council Member Tinsley
3 corresponded with Ann Booth via email regarding the project.
4 Petitioner: Anne Booth, Urban Design Kidlay Studios.
5 Staff presentation: No changes since first reading.
6 Public comment: None.
7 Mayor Premuroso closed the Public Hearing.
8 Vice Mayor Jablin made a motion to approve Ordinance 8, 2014 on second reading and
9 adoption.
10 Council Member Russo seconded.
11 Motion passed 5-0.
12 RESOLUTION 29,2014 IS A COMPANION ITEM TO ORDINANCE 8, 2014 AND WILL
13 REQUIRE COUNCIL ACTION.
14 *RESOLUTION 29,2014-CHURCH IN THE GARDENS, INC. A RESOLUTION OF THE
15 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A
16 SITE PLAN AMENDMENT FOR THE CHURCH IN THE GARDENS PLANNED UNIT
17 DEVELOPMENT (PUD); LOCATED AT THE NORTHEAST CORNER OF HOLLY DRIVE
18 AND I-95, AS MORE PARTICULARLY DESCRIBED HEREIN, TO INCREASE THE
19 OVERALL BUILDING AREA FROM 19,212 SQUARE FEET TO 38,299 SQUARE FEET
20 AND CERTAIN OTHER SITE PLAN MODIFICATIONS; PROVIDING CONDITIONS OF
21 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
22 Mayor Premuroso opened the Public Hearing.
23 Mayor Premuroso asked for any ex-parte.
24 Mayor Premuroso spoke with residents in the neighborhood regarding the project; Council
25 Member Levy spoke with a resident regarding the project; Council Member Tinsley
26 corresponded with Ann Booth via email regarding the project.
27 Petitioner: None.
28 Staff presentation: None.
29 Public comment: None.
30 Mayor Premuroso closed the Public Hearing.
31 Vice Mayor Jablin made a motion to approve Resolution 29, 2014.
32 Council Member Levy seconded.
33 Motion passed 5-0.
34 The City Clerk read Ordinance 9, 2014 by title.
35 b. ORDINANCE 9, 2014 -(2nd READING AND ADOPTION). POLICE OFFICERS'
36 RETIREMENT TRUST FUND. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
37 OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. OF THE
38 CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA AT
39 ARTICLE III. POLICE OFFICERS' RETIREMENT TRUST FUND. BY REPEALING
40 SUBSECTION 50-62(c) AND READOPTING SAME, AS REVISED; BY REPEALING
41 SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED;
42 AND BY REPEALING SECTION 50-151. ELIGIBILITY TO PARTICIPATE. AND
43 READOPTING SAME, AS REVISED IN ORDER TO IMPLEMENT THE TERMS OF THE
44 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PALM BEACH
45 GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION;
46 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF
47 CHAPTER 50. POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS
48 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
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1 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
2 FOR OTHER PURPOSES.
3 Mayor Premuroso opened the Public Hearing.
4 Petitioner: None.
5 Staff presentation: None.
6 Public comment: None.
7 Mayor Premuroso closed the Public Hearing.
8 Vice Mayor Jablin made a motion to approve Ordinance 9, 2014 on second reading and
9 adoption.
10 Council Member Levy seconded.
11 Motion passed 5-0.
12 The City Clerk read Ordinance 10,2014 and Resolution 32,2014 by title.
13 c. *ORDINANCE 10, 2014-(2nd READING AND ADOPTION). AMEND THE NATURE'S
14 HIDEAWAY PLANNED UNIT DEVELOPMENT (PUD). AN ORDINANCE OF THE CITY
15 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN
16 APPLICATION FROM NATURE'S HIDEAWAY HOMEOWNERS ASSOCIATION INC. TO
17 AMEND ORDINANCE 30, 1995, WHICH APPROVED THE NATURE'S HIDEAWAY
18 PLANNED UNIT DEVELOPMENT (PUD), IN ORDER TO TRANSFER THE MASTER
19 PLAN AND RELATED CONDITIONS OF APPROVAL TO RESOLUTION 32, 2014;
20 PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING
21 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
22 Mayor Premuroso opened the Public Hearing.
23 Mayor Premuroso asked for any ex-parte.
24 None.
25 Petitioner: None.
26 Staff presentation: None.
27 Public comment: None.
28 Mayor Premuroso closed the Public Hearing.
29 Vice Mayor Jablin made a motion to approve Ordinance 10, 2014 on second reading and
30 adoption.
31 Council Member Levy seconded.
32 Motion passed 5-0.
33 RESOLUTION 32,2014 IS A COMPANION ITEM TO ORDINANCE 10,2014 AND
34 WILL REQUIRE COUNCIL ACTION.
35 *RESOLUTION 32, 2014 -AMEND THE NATURE'S HIDEAWAY PLANNED UNIT
36 DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
37 PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
38 NATURE'S HIDEAWAY PLANNED UNIT DEVELOPMENT (PUD) LOCATED WEST OF
39 PROSPERITY FARMS ROAD, 0.17 MILES NORTH OF BURNS ROAD, AS MORE
40 PARTICULARLY DESCRIBED HEREIN; PROVIDING AN AMENDMENT TO THE PUD
41 RELATING TO NATIVE UPLAND PRESERVE REQUIREMENTS, INCORPORATING
42 CONDITIONS OF APPROVAL FROM ORDINANCE 30, 1995, AND PROVIDING NEW
43 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
44 PURPOSES.
45 Mayor Premuroso opened the Public Hearing.
46 Mayor Premuroso asked for any ex-parte.
47 None.
48 Petitioner: None.
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1 Staff presentation: None.
2 Public comment: None.
3 Mayor Premuroso closed the Public Hearing.
4 Vice Mayor Jablin made a motion to approve Resolution 32, 2014.
5 Council Member Levy seconded.
6 Motion passed 5-0.
7 The City Clerk read Ordinance 12, 2014 by title.
8 d. ORDINANCE 12, 2014-(2nd READING AND ADOPTION). AMEND PGA BOULEVARD
9 CORRIDOR OVERLAY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
10 PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
11 DEVELOPMENT. AT SECTION 78-221. PGA BOULEVARD CORRIDOR OVERLAY. BY
12 REPEALING SUBSECTION (d) AND READOPTING SAME, AS REVISED, IN ORDER TO
13 ALLOW MICROBREWERY/CRAFT BREWERY/BREW PUB AS A MAJOR
14 CONDITIONAL USE WITHIN THE OVERLAY; FURTHER AMENDING CHAPTER 78. AT
15 SECTION 78-751. DEFINITIONS. BY REPEALING THE DEFINITION OF
16 "MICROBREWERY/CRAFT BREWERY/BREW PUB" AND READOPTING SAME, AS
17 REVISED; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
18 SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL
19 FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
20 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
21 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
22 Mayor Premuroso opened the Public Hearing.
23 Petitioner: None.
24 Staff presentation: None.
25 Public comment: None.
26 Mayor Premuroso closed the Public Hearing.
27 Vice Mayor Jablin made a motion to approve Ordinance 12, 2014 on second reading and
28 adoption.
29 Council Member Levy seconded.
30 Motion passed 5-0.
31 The City Clerk read Ordinance 13, 2014 and Resolution 39,2014 by title.
32 e. *ORDINANCE 13, 2014 -(2nd READING AND ADOPTION). AMENDMENT TO
33 ZONING FOR THE CITY CENTER PLANNED UNIT DEVELOPMENT (PUD). AN
34 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
35 FLORIDA APPROVING AN APPLICATION FROM CF02 PALM BEACH LP, THE
36 OWNER OF THE CITY CENTRE PLANNED UNIT DEVELOPMENT (PUD), TO AMEND
37 ORDINANCE 15, 1997, ORDINANCE 26, 1997, ORDINANCE 26, 1998, AND ORDINANCE
38 11, 1999, WHICH APPROVED AND AMENDED THE CITY CENTRE PUD, IN ORDER TO
39 TRANSFER THE MASTER PLAN AND RELATED CONDITIONS OF APPROVAL TO
40 RESOLUTION 39, 2014; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
41 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Premuroso opened the Public Hearing.
43 Mayor Premuroso asked for any ex-parte.
44 None.
45 Petitioner: None.
46 Staffpresentation: None.
47 Public comment: None.
48 Mayor Premuroso closed the Public Hearing.
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1 Vice Mayor Jablin made a motion to approve Ordinance 13, 2014 on second reading and
2 adoption.
3 Council Member Levy seconded.
4 Motion passed 5-0.
5 RESOLUTION 39,2014 IS A COMPANION ITEM TO ORDINANCE 13,2014 AND
6 WILL REQUIRE COUNCIL ACTION.
7 *RESOLUTION 39, 2014 -PUD AMENDMENT TO ALLOW MICROBREWERIES. A
8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
9 FLORIDA APPROVING AN APPLICATION FROM CF02 PALM BEACH LP, THE
10 OWNER OF THE CITY CENTRE PLANNED UNIT DEVELOPMENT (PUD), A 13.58-
11 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF U. S. HIGHWAY 1 AND-PGA
12 BOULEY ARD, AS MORE PARTICULARLY DESCRIBED HEREIN, FOR A PUD
13 AMENDMENT TO ALLOW A MICROBREWERY WITHIN THE PUD AS A MAJOR
14 CONDITIONAL USE AND INCORPORATING APPLICABLE CONDITIONS FROM
15 ORDINANCE 15, 1997, ORDINANCE 26, 1997, ORDINANCE 26, 1998, AND ORDINANCE
16 11, 1999; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
17 DATE; AND FOR OTHER PURPOSES.
18 Mayor Premuroso opened the Public Hearing.
19 Mayor Premuroso asked for any ex-parte.
20 None
21 Petitioner: None
22 Staff presentation: None.
23 Public comment: None.
24 Mayor Premuroso closed the Public Hearing.
25 Vice Mayor Jablin made a motion to approve Resolution 39, 2014.
26 Council Member Levy seconded.
27 Motion passed 5-0.
28 The City Clerk read Resolution 44,2014 by title.
29 f. *RESOLUTION 44, 2014-BALLENISLES TEMPORARY MODULAR STRUCTURE. A
30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
31 FLORIDA APPROVING A MISCELLANEOUS PETITION FOR THE BALLENISLES
32 PLANNED COMMUNITY DEVELOPMENT (PCD), WHICH IS SITUATED SOUTH OF
33 PGA BOULEY ARD AND NORTH OF NORTHLAKE BOULEVARD, BETWEEN THE
34 FLORIDA'S TURNPIKE AND NORTH MILITARY TRAIL, AS DESCRIBED MORE
35 PARTICULARLY HEREIN, TO ALLOW CONSTRUCTION OF A TEMPORARY
36 MODULAR STRUCTURE BETWEEN THE EXISTING ADMINISTRATIVE BUILDING
37 AND TENNIS COURTS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
38 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
39 Mayor Premuroso opened the Public Hearing.
40 Mayor Premuroso asked for any exparte.
41 None.
42 Petitioner: Donaldson Hearing, Cotleur and Hearing.
43 Staff presentation: None.
44 Public comment: None.
45 Mayor Premuroso closed the Public Hearing.
46 Vice Mayor Jablin made a motion to approve Resolution 44,2014.
4 7 Council Member Levy seconded.
48 Motion passed 5-0.
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1 The City Clerk read Ordinance 11, 2014 by title.
2 g. ORDINANCE 11,2014 -(2nd READING AND ADOPTION). AN ORDINANCE OF THE
3 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING
4 CHAPTER 14. ANIMALS. BY REPEALING ARTICLE II. DOGS AND CATS. AND
5 READOPTING SAME, AS REVISED, IN ORDER TO ADOPT NEW REGULATIONS
6 REGARDING THE RETAIL SALE OF DOGS AND CATS; PROVIDING THAT EACH AND
7 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS. SHALL
8 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
9 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
10 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
11 Mayor Premuroso opened the Public Hearing.
12 Staff presentation: City Attorney, Max Lohman
13 Public comment: Jennifer Foglia 105 Banyan Circle, Jupiter; Don Anthony, 1431 N Federal
14 Highway, Ft. Lauderdale; Stephanie Reynoso 11115 Homeland Rd, Lake Worth; Marcia Cox,
15 9100 Quail Trail, Jupiter; Matthew Robinson Taylor, 2638 Lake Drive, Riviera Beach;
16 Michael Quinn, 4210 Hyacinth Circle N, Palm Beach Gardens; Jackie Miele, 17104 79th Court
17 N., Loxahatchee; Tom Whatley 900 East Atlantic Avenue, Delray Beach; Rick Burgess, 2012
18 South Meadows Cove, Delray Beach; Michelle Rivera, 125 Cypress Cove, Jupiter; Leroy
19 Cardova, 2520 Greenbrier Drive, Delray Beach; Roxanna Platt, 8110 Bautista Way, Palm
20 Beach Gardens; Heidi Garson, 6399 Via Rosa, Boca Raton; Alan Garson, 6399 Via Rosa,
21 Palm Beach Gardens; Richie Goldberg, 8871 Club Estates Way, Lake Worth; Bob Yarnall Jr.,
22 365 Citrus Tower Blvd, Clermont; Camille Beta, 8008 Via Hacienda, Palm Beach Gardens;
23 Rebecca Huffman, 58 Admirals Court, Palm Beach Gardens; Ellen Rich, 1 Sheldrake Circle,
24 Palm Beach Gardens; Doug Frevert, 10187 Dasheen Avenue, Palm Beach Gardens; Michele
25 Lazarow, 2621 NE 1 otfi Street, Hallandale Beach.
26 Mayor Premuroso closed the Public Hearing.
27 Vice Mayor Jablin made a motion to approve Ordinance 11, 2014 on second reading and
28 adoption.
29 Council Member Levy seconded.
30 Motion passed 5-0.
31 X. RESOLUTIONS
32 The City Clerk read Resolution 38,2014 by title.
33 a. RESOLUTION 38, 2014-ADOPTING A PROPOSED MAXIMUM MILLAGE RATE. A
34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
35 FLORIDA ADOPTING A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF
36 PALM BEACH GARDENS FOR FISCAL YEAR 2014/2015; SETTING THE DATE, TIME,
37 AND PLACE OF THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE;
38 AND FOR OTHER PURPOSES.
39 Petitioner: None.
40 Staff Presentation: Allan Owens, Finance Administrator.
41 Public Comment: Iris Scheibl , 1029 Siena Oaks Circle, Palm Beach Gardens.
42 Vice Mayor Jablin made a motion to approve Resolution 38, 2014.
43 Council Member Tinsley seconded.
44 Motion passed 5-0.
45 c. RESOLUTION 46, 2014 -APPOINTMENTS TO THE ART IN PUBLIC PLACES
46 ADVISORY BOARD (AIPP). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
47 PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR
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1 AND ALTERNATE MEMBERS TO THE ART IN PUBLIC PLACES ADVISORY BOARD;
2 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
3 Petitioner: None.
4 Staff Presentation: None.
5 Public Comment: None.
6 Vice Mayor Jablin made a motion to approve Resolution 46,2014.
7 Council Member Tinsley seconded.
8 Motion passed 5-0.
9 d. RESOLUTION 47, 2014 -APPOINTMENT TO THE PLANNING, ZONING AND
10 APPEALS BOARD (PZAB). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
11 PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF A SECOND
12 ALTERNATE MEMBER TO THE PLANNING, ZONING, AND APPEALS BOARD;
13 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
14 Council Member Russo recused himself and filled out form 8B.
15 Petitioner: None.
16 StaffPresentation: None.
17 Public Comment: None.
18 Council Member Levv made a motion to approve Resolution 47,2014.
19 Vice Mayor Jablin seconded.
20 Motion passed 4-0.
21 Council Member Russo returned to the diaz.
22 e. RESOLUTION 48, 2014-CALLING A SPECIAL ISSUE REFERENDUM ELECTION. A
23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
24 FLORIDA CALLING A SPECIAL ISSUE REFERENDUM ELECTION; REQUESTING THE
25 SUPERVISOR OF ELECTIONS TO PLACE THE PALM BEACH GARDENS NEEDS TERM
26 LIMITS (PBGNTL) POLITICAL COMMITTEE'S BALLOT QUESTIONS ON THE
27 NOVEMBER 4, 2014, GENERAL ELECTION BALLOT CONTINGENT UPON ALL
28 STATUTORY AND PROCEDURAL PRECONDITIONS HAVING BEEN SATISFIED FOR
29 SUCH PLACEMENT AND IN ACCORDANCE WITH SECTION 166.031, FLORIDA
30 STATUTES; APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, THE
31 CITY CLERK, OR DESIGNEE, AND THE DEPUTY CITY CLERK, OR DESIGNEE, AS
32 ADDITIONAL MEMBERS OF THE CITY OF PALM BEACH GARDENS' CANVASSING
33 BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO
34 CANVASS ALL ABSENTEE BALLOTS, TO CANVASS THE MUNICIPAL QUESTIONS
35 ALONG WITH THE CITY'S CANVASSING BOARD, AND TO CONDUCT THE LOGIC
36 AND ACCURACY TESTING FOR ALL ELECTION MACHINERY; REQUESTING THE
37 SUPERVISOR OF ELECTIONS TO CONDUCT THE CITY'S ISSUE REFERENDUM
38 ELECTION; AUTHORIZING THE CITY CLERK TO DO ALL THINGS NECESSARY TO
39 OVERSEE THE CITY'S ISSUE REFERENDUM ELECTION; PROVIDING AN EFFECTIVE
40 DATE; AND FOR OTHER PURPOSES.
41 Petitioner: None
42 StaffPresentation: Ron Ferris, City Manager
43 Public Comment: Iris Scheibl, 1029 Siena Oaks Circle, Palm Beach Gardens; Doug Frevert,
44 10187 Dasheen A venue, Palm Beach Gardens.
45 Vice Mayor Jablin made a motion to approve Resolution 48, 2014.
46 Council Member Tinsley seconded.
47 Motion passed 5-0.
48 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
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1 a. CITY MANAGER EVALUATION.
2 b. GAS STATION SIGNAGE.
3 Planning and Zoning Director Natalie Crowley provided a brief presentation on the new Palm
4 Beach County gas station ordinance. Discussion ensued.
5 Public Comment: Kevin Dalton, 3905 Northlake Blvd, Palm Beach Gardens.
6 OTHER.
7 • Charter Review Committee -Discussion Ensued.
8 • Extension of City Manager Contract. Deferred to September 3, 2014.
9 • North County Airport Fuel Farm-Discussion Ensued.
10 XII. CITY ATTORNEYREPORT
11 None.
12
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15
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1 XIII. ADJOURNMENT
2 Council Member Levy made a motion to adjourn.
3 Vice Mayor Jablin seconded.
4 Motion passed 5-0.
5 The meeting adjourned at 10:4 7 p.m.
6 The next regularly scheduled City Council meeting will be held August 7, 2014.
7 APPROVED:
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. 40 Patricia Snider, CMC
41 • City Clerk
42
43
44
Joseph R. Russo, Council Member
~Council Member
David Levy, Council Member
45
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47
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 on the City Website or 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
07-10-14
PAGE 10
DATE:
TO:
PALM B EACH GARDENS
'it unique place to live, learn, work & play"
City of Palm Beach Gardens
Office of the City Clerk
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4122 psnider@pbgfl.com
Letter of Transmittal
July II. 20I4
Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 33411
I Re: From 88 -City Coone~
~Your Records
[] As Requested
[] For Review and Signature
Signed ~
Patricia Sruder, CMC, City Clerk
D For Recording
D Returned for Corrections
D Other: -------
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME .LJ
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MAILING ADDRESS
d' [;C) oc.c l .._, E.-r 1HE OClARD, ll., COMMISSION, ~ITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF: -113~
D ca.HTY D OTl-ER LOCAL AGENCf
D APPCliNTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the coun1y, cily, 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 fonn.
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 'agencie$ under Sec. 163.356 or
163.357, F.S., and officers of independent special tax <istr:icts 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 falher. mother, son. daughter, twsband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daujjlter-irHaw. A "business associate" means ariy person or entity engaged in or carrying on a business
enterprise with the officer as a p~, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchan~)-
• • • • • • .. • • ... • • * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must cisclose 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; lllld
VVITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the 111eeting, who should incorporate the fonn in the minutes.
• * * • • • • • * • • *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations descnbed above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to inftuence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE AtN 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 1he decision) with the person responsible for recording the
minutes of Ule meeting, who will incorporate Ule fOrm in Ule minutes. (Continued on other side)
CE FORM 86-EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the fonn must be provided irnmedately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is fited.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the natwe of your conflict in the measur-e before pcricipating.
• You must complete the form and file it within 15 days after the vote occurs with 1he person responsible for recording the minutes of the
meeting, who must incorporate the fonn in the minutes. A copy Of the fonn 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, V9 ' ~ ~ H R /)...,s ;o . hereby disclose that on. ___ :--il~o--'-0____,... ______ ...._,_, 20 r-1 :
(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 assooiale,. ____________________ _,
inured to the special gain or loss of my relative,------------------------'
inured to the special gain or loss of, __________________________ _, by
whom I am retained; or
inured to the special gain or loss of _________________________ _, which
is the parent organization or subsiciary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measan~ ~ ~ To ~ ~ lA.o (J;) { 'f-o I) /b:r.-c "-'-A-r )Js t J>-J I C\.. I) _ C~ . A:P~ I<; .4 c_{...,£.-;-o.f-,u.>-;1-c.c,..~~",..t.
Pl~t--J' /, -~~~0 l?frs. 1_$ ~0 T h-PA-r~
-:-1 -<: I ~ ~ , -(ftvr"l.-r-, '-"' ,.J, fVI\...~ llC... • ..--If~ ,c...r~ ~.,;:) ~..\. ~ / {\ · A-~ IT f ~£: / . r~& '\c 0 ~ • t-.J fQ /\-~~~A.'-' ....J.
l f----L lT 'S ~t-Tl~~
~
p..-e..so\vl"\""bv\ 41, d,.ol'-/
Date Filed I
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNlSHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 -EFF. 112000 PAGE2