HomeMy WebLinkAboutMinutes Council 110509I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
45 NOVEMBER 5, 2009
6 The regular meeting was called to order at 7:03 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 ADDITION TO CONSENT AGENDA
14 f. Resolution 105. 2009 — A Resolution of the City Council of the City of Palm Beach
15 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm
16 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Officers,
17 Sergeants and Non Sworn Police Communication Operators and Supervisors to divert an
18 additional one percent (1 %) of all Bargaining Unit Members' wages to the Voluntary
19 Employee Beneficiary Association (VEBA); providing an effective date; and for other
20 purposes.
21 g. Resolution 106. 2009 — A Resolution of the City Council of the City of Palm Beach
22 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm
23 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Lieutenants to
24 divert an additional one percent (1%) of all Bargaining Unit Members' wages to the
25 Voluntary Employee Beneficiary Association (VEBA); providing an effective date; and for
26 other purposes.
27 Vice Mayor Lew made a motion for approval.
28 Councilmember Jablin seconded.
29 Motion passed 5 -0.
30 IV. ANNOUNCEMENTS AND PRESENTATIONS
31 None.
32 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
33 Councilmember Jablin reported attending a luncheon in honor of Fire Rescue volunteer
34 Leonard Katz. Councilmember Premuroso reported attending the Citizens Police Academy.
35 Vice Mayor Lew reported attending the Palm Beach County League of Cities Executive
36 Board meeting, League of Cities County Commission School Board joint meeting and
37 Community Aesthetics Board meeting. Councilmember Barnett reported attending the
38 League of Cities Board of Commissioners School Board joint meeting. Mayor Russo
39 reported attending meetings about the Briger Tract and the Honda Classic and announced
40 upcoming events.
41 VI. CITY MANAGER REPORT
42 City Mana¢er Ferris discussed railroad Quiet Zone status; November 19 and December 3,
43 2009 Public Workshops regarding special events, temporary signage and outdoor seating
44 codes; postponement of the Briger Development of Regional Impact (DRI) from November
45 19, 2009 to January 14, 2010; Big Heart Brigade participation by City workers approval by
46 Council and Bellewood Canal restoration.
47 VII. C0MIl WNTS FROM THE PUBLIC
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
11.05.09
I Don Hearing, PGA Corridor Association, Palm Beach Gardens; Roger Blangy, 11658
2 Hemlock, Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens;
3 Lou Satriano, 4703 Lake Catherine, Palm Beach Gardens.
4 VIII. CONSENT AGENDA
5 Vice Mayor Lew made a motion for approval.
6 Councilmember Jablin seconded.
7 Motion passed 5 -0.
8 IX. PUBLIC HEARINGS
9 Part I —Quasi — judicial
10 Mayor Russo announced the procedures for tonight's proceedings.
11 Those preparing to give testimony were sworn in.
12 The City Clerk read Resolution 89, 2009 by title.
13 a. Resolution 89.2009 — Art in Public Places. A Resolution of the City Council of the City
14 of Palm Beach Gardens, Florida approving the Art in Public Places for Frenchman's Crossing
15 Planned Unit Development (PUD), generally located at the Northwest Corner of Hood Road
16 and Alternate AIA, as described more particularly herein; providing conditions of approval;
17 providing an effective date; and for other purpose.
18 Mayor Russo opened the public hearing.
19 No ex parte communication was declared.
20 Presented item: Jennifer Tighe, Land Design South; artist Robert St. Croix.
21 Mayor Russo closed the public hearing.
22 Vice Mayor Levy made a motion for approval.
23 Councilmember Jablin seconded.
24 Motion passed 5 -0.
25 The City Clerk read Resolution 94, 2009 by title.
26 b. Resolution 94.2009 — Palm Beach Community Church, Inc. A Resolution of the City
27 Council of the City of Palm Beach Gardens, Florida amending the Borland Center Planned
28 Unit Development (PUD) located along the North side of PGA Boulevard between Gardens
29 Square Boulevard and Shady Lakes Drive, as more particularly described herein, in order to
30 modify a certain condition of approval regarding the project's off -site mitigation parcel;
31 providing conditions of approval; providing an effective date; and for other purposes.
32 Mayor Russo opened the public hearing.
33 Ex parte communication was declared by Councilmember Barnett, Vice Mayor Levy,
34 Councilmember Premuroso and Councilmember Jablin.
35 Presented item: Donaldson Hearing, Cotleur & Hearing; Planner Martin Schneider,
36 Growth Management Administrator Kara Irwin; City Attorney R. Max Lohman.
37 Comments from the public: Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens;
38 Vito DeFrancesco, 1049 Shady Lakes Circle, Palm Beach Gardens.
39 Mayor Russo closed the public hearing.
40 Vice Mayor Levy made a motion for approval as amended.
41 Councilmember Jablin seconded.
42 Motion passed 4 -1 with Councilmember Barnett dissenting.
43 The City Clerk read Resolution 95, 2009 by title.
44 c. Resolution 95, 2009 — Frenchman's Crossing Planned Unit Development (PUD). A
45 Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the
46 development order for Frenchman's Crossing Planned Unit Development (PUD), located at
47 the Northwest Corner of Hood Road and Alternate AIA, as more particularly described
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
11.05.09
I herein, to provide for minor site and landscape modifications; providing conditions of
2 approval; providing an effective date; and for other purposes.
3 Mayor Russo opened the public hearing.
4 Presented item: Jennifer Tighe, Land Design South.
5 Mayor Russo closed the public hearing.
6 Vice Mavor Lew made a motion for approval.
7 Councilmember Jablin seconded.
8 Motion passed 5 -0.
9 The City Clerk read Resolution 34, 2009 by title.
10 d. Ordinance 34, 2009 — (2nd reading and adoption) Frenchman's Reserve PCD
11 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
12 amending Ordinance 4, 2001, which approved the Frenchman's Reserve Planned Community
13 Development (PCD), located directly East of the intersection of Alternate AlA and Hood
14 Road, by transferring all 20 official exhibits and all 65 conditions of approval to Resolution
15 97, 2009, in order to allow a reduction of the Lake Maintenance Easement from 20 feet to 15
16 feet adjacent to the South property lines of lots 20, 21, 22, and a portion of 23 of Pod G, for a
17 lake (Tract L2) located in the Frenchman's Reserve Golf Course; providing a conflicts clause,
18 a severability clause and authority to codify; providing an effective date; and for other
19 purposes.
20 Resolution 97, 2009 is a companion item to Ordinance 34, 2009 and will require Council
21 action.
22 Resolution 97, 2009 — Frenchman's Reserve — PCD Amendment to reduce Lake
23 maintenance easement. A Resolution of the City Council of the City of Palm Beach
24 Gardens, Florida amending the Frenchman's Reserve Planned Community Development
25 (PCD), located directly East of the intersection of Alternate AlA and Hood Road, to allow a
26 reduction of the Lake Maintenance Easement from 20 feet to 15 feet adjacent to the South
27 property lines of lots 20, 21, 22, and a portion of 23 of pod G, for a lake (Tract L2) located in
28 the Frenchman's Reserve Golf Course; providing conditions of approval; providing an
29 effective date; and for other purposes.
30 Mayor Russo opened the public hearing.
31 Presented item: Jennifer Tighe, Land Design South.
32 Mayor Russo closed the public hearing.
33 Vice Mayor Levy made a motion for approval of Ordinance 34, 2009 on second reading and
34 adoption.
35 Councilmember Jablin seconded.
36 Motion passed 5 -0.
37 Vice Mayor Levy made a motion for approval of Resolution 97, 2009.
38 Councilmember Jablin seconded.
39 Motion passed 5 -0.
40 Part II — Non - Quasi - judicial
41 X. RESOLUTIONS
42 The City Clerk read Resolution 96, 2009 by title.
43 a. Resolution 96. 2009 — Fire Engine Purchase. A Resolution of the City Council of the
44 City of Palm Beach Gardens, Florida approving the purchase of one 2009 Pierce PUC Pumper
45 from Ten -8 Fire Equipment, Inc., an authorized dealer for Fire Engines in the State of Florida;
46 authorizing the Mayor to execute all documents necessary to effectuate such purchase;
47 providing an effective date; and for other purposes..
48 Presented item: Deputy Fire Chief C.R. Brown.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
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I Vice Mayor Levy made a motion for approval.
2 Councilmember Jablin seconded.
3 Motion passed 5 -0.
4 The City Clerk read Resolution 99, 2009 by title.
5 b. Resolution 99.2009 — ProyertyRoom.com. A Resolution of the City Council of the City
6 of Palm Beach Gardens, Florida authorizing the Mayor to execute an agreement and
7 addendum with Propertyroom.com (PRC) for property disposition services; providing an
8 effective date; and for other purposes.
9 Presented item: Police Sergeant Joseph Corrao.
10 Vice Mayor Levv made a motion for approval.
11 Councihnember Jablin seconded.
12 Motion passed 5 -0.
13 The City Clerk read Resolution 100, 2009 by title.
14 c. Resolution 100.2009 - Continuing Contracts for Professional Services. A Resolution
15 of the City Council of the City of Palm Beach Gardens, Florida awarding continuing contracts
16 for Professional Services to Calvin, Giordano & Associates, Inc.; Caulfield & Wheeler, Inc.;
17 CH2M Hill, Inc.; Cotleur & Hearing, Inc.; Creech Engineers, Inc.; Dunkelberger Engineering
18 & Testing, Inc.; Erdman Anthony of Florida, Inc.; GFA International, Inc.; Glatting Jackson
19 Kercher Anglin, Inc.; Hanson Professional Services Inc.; Harvard Jolly, Inc.; Keshavarz &
20 Associates, Inc.; L.D. Astorino & Associates, Ltd., Inc. d/b /a Astorino; Mactec Engineering
21 and Consulting, Inc.; McMahon Associates, Inc.; Michael B. Schorah & Associates, Inc.;
22 Mock, Roos & Associates, Inc.; O'Donnell, Naccarato, Mignogna & Jackson, Inc.; Pinder
23 Troutman Consulting, Inc.; Renaissance Planning Group, Inc.; Simmons & White, Inc.;
24 Slattery & Associates Architects Planners, Inc.; Southern Design Group, Inc.; Team Plan,
25 Inc.; Tierra South Florida, Inc.; TLC Engineering for Architecture, Inc.; Universal
26 Engineering Sciences, Inc.; Urban Design Studio, LLC DB /A Urban Design Kilday Studios;
27 URS Corporation; West Architecture + Design, LLC.; and Zyscovich, Inc., In accordance
28 with Section 287.055, Florida Statutes, the "Consultants' Competitive Negotiation Act ";
29 providing an effective date; and for other purposes.
30 Vice Mayor Lew opened the public hearing.
31 Presented item: Operations Manager Angela Wong
32 Mayor Russo closed the public hearing.
33 Vice Mayor Levy made a motion for approval.
34 Councihnember Premuroso seconded.
35 Motion passed 5 -0.
36 The City Clerk read Resolution 101, 2009 by title.
37 d. Resolution 101.2009 - 911 Memorial / Art Piece. A Resolution of the City Council of
38 the City of Palm Beach Gardens, Florida approving a 9/11 Memorial/Art Piece and
39 authorizing funding for such project; providing an effective date; and for other purposes.
40 Presented item: Deputy Fire Chief C.R. Brown.
41 Vice Mayor Levy made a motion for approval.
42 Councihnember Jablin seconded.
43 Motion passed 5 -0.
44 The City Clerk read Resolution 103, 2009 by title.
45 e. Resolution 103.2009 — Appoint members to the Art in Public Places Advisory Board.
46 A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing
47 regular and alternate members to the Art in Public Places advisory board; providing an
48 effective date; and for other purposes.
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I Presented item: Councilmember Jablin.
2 Councilmember Jablin made a motion for approval.
3 Vice Mayor Lew seconded.
4 Motion passed 4 -1 with Councilmember Barnett dissenting.
5 ADDED UNDER ADDITIONS
6 The City Clerk read Resolution 105, 2009 by title.
7 f. Resolution 105. 2009 — A Resolution of the City Council of the City of Palm Beach
8 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm
9 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Officers,
10 Sergeants and Non Sworn Police Communication Operators and Supervisors to divert an
II additional one percent (1 %) of all Bargaining Unit Members' wages to the Voluntary
12 Employee Beneficiary Association (VEBA); providing an effective date; and for other
13 purposes.
14 Presented item: Finance Administrator Allan Owens.
15 Vice Mayor Levy made a motion for approval.
16 Councilmember Jablin seconded.
17 Motion passed 5 -0.
18 The City Clerk read Resolution 106, 2009 by title.
19 g. Resolution 106. 2009 — A Resolution of the City Council of the City of Palm Beach
20 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm
21 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Lieutenants to
22 divert an additional one percent (1 %) of all Bargaining Unit Members' wages to the
23 Voluntary Employee Beneficiary Association (VEBA); providing an effective date; and for
24 other purposes.
25 Presented item: Finance Administrator Allan Owens.
26 Vice Mayor Lew made a motion for approval.
27 Councilmember Jablin seconded.
28 Motion passed 5 -0.
29 XI. ORDINANCES (For Consideration on First Reading)
30 None.
31 X1I. ITEMS FOR COUNCIL ACTION/DISCUSSION
32 None.
33 XII1. CITY ATTORNEY REPORT
34 None.
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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 9:23 p.m.
The next regularly scheduled City Council meeting will be held November 19, 2009.
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
34eph R. Russo, Mayor
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
11.05.09
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