HomeMy WebLinkAboutMinutes Council 121709I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 DECEMBER 17, 2009
6 The regular meeting was called to order at 7:05 p.m. by Mayor Russo.
7 I. PLEDGE OF ALLEGIANCE
8 H. 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 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. Certificate of Achievement to David Thomas Fenton for attaining, the rank of Eagle Scout.
16 Presented item: Mayor Russo awarded the Certificate of Achievement.
17 b. Recognition of the sponsors for the 5e Anniversary.
18 Presented item: Resource Manager Ann Schilling and Recreation Director Charlotte
19 Presensky awarded certificates and thanked the sponsors for their support.
20 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
21 Councilmember Jablin reported attending two Hanukkah celebrations. Councilmember
22 Premuroso thanked Don Kiselewski for his work with the Historical Society.
23 Vice Mavor Levy reported attending the lighting of a Menorah, Senior Luncheon and an
24 Amendment 4 meeting. Councilmember Barnett suggested a community vegetable garden.
25 Mayor Russo attended the Christmas Caroling event, Historical Society meeting and the
26 Senior Luncheon.
27 VL CITY MANAGER REPORT
28 City Manager Ferris reported on City employees helping a Palm Beach Gardens family
29 whose home had been burglarized.
30 VII. COMMENTS FROM THE PUBLIC
31 Linda Huehey, 9120 Reed Drive, Palm Beach Gardens; Paula Magnuson. 3167 -D Gardens
32 East Drive, Palm Beach Gardens; Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach
33 Gardens; Anthony Tricarico. 11720 Ficus Street, Palm Beach Gardens; Roper Blaney,
34 11658 Hemlock Street, Palm Beach Gardens; Carol Estrada. 309 Riverside Drive, Palm
35 Beach Gardens; Tim Frohline, 152 Euphrates Circle, Palm Beach Gardens.
36 VIII. CONSENT AGENDA
37 a. Approve minutes from November 19, 2009.
38 b. Approve minutes from December 3, 2009.
39 Councilmember Jablin made a motion for approval of the Consent Agenda.
40 Vice Mayor Levy seconded.
41 Motion passed 5 -0.
42 IX. PUBLIC HEARINGS: BRIGER TRACT
43 Part II — Non - Quasi— iudicial
44 The City Clerk read Ordinance 33, 2009 by title.
45 a. Ordinance 33, 2009 — Ust reading) Briger Tract — Request for a teat amendment to
46 the Land Development Regulations. An Ordinance of the City Council of the City of Palm
47 Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78 -157. Mixed
48 Use Planned Unit Development District. by amending the title of Section 78 -157. such that it
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
12.17.09
I shall now be entitled "MXD — Mixed Use Development District ", for internal consistency and
2 adopting new Section 78 -232 entitled "Scripps Florida Phase H — Design Guidelines", in
3 order to establish zoning regulations and design guidelines for the Scripps Florida Phase
4 II/Briger Tract PCD, to provide regulations for approval and amendment of future projects
5 within the overlay zone, and to establish criteria for Bioscience Mixed Use Planned
6 Developments; providing that each and every other Section and Subsection of Chapter 78.
7 Land Development. shall remain in full force and effect as previously adopted; providing a
8 conflicts clause, a severability clause, and authority to codify; providing an effective date; and
9 for other purposes.
10 Mayor Russo opened the public hearing.
11 Presented item: Ken Tuma, Urban Design Kilday Studio; Planning Manager Natalie
12 Wong.
13 Public Comment: Palm Beach County Commissioner Karen Marcus, P.O. Box 1989, West
14 Palm Beach; Jupiter Mayor Karen Golonlca. 210 Military Trail, Jupiter; Donald Schwartz,
15 1157 San Michele Way, Palm Beach Gardens; Joan Elias. 1009 Diamond Head Way, Palm
16 Beach Gardens; Sylvia Tricarico. 11720 Ficus Street, Palm Beach Gardens.
17 Mayor Russo closed the public hearing.
18 Vice Mayor Levy made a motion for approval.
19 Councilmember Jablin seconded.
20 Motion passed 5 -0.
21 Part I — Quasi *udicial
22 Mayor Russo announced the procedures for tonight's proceedings.
23 Those preparing to give testimony were sworn in.
24 The City Clerk read Ordinance 28, 2009 by title
25 a. Ordinance 28.2009 — Ust reading) Briger Tract — Reguest for a Planned Community
26 Development within the Biker Tract DRI. An Ordinance of the City Council of the City of
27 Palm Beach Gardens, Florida rezoning certain parcels of real property consisting of 681 acres,
28 more or less, located South of Donald Ross Road, North of Hood Road, and East and West of
29 Interstate 95, providing that the subject parcels of real property, which are more specifically
30 described herein, shall be assigned the city zoning designation of Planned Community
31 Development (PCD) overlay with an underlying zoning designation of Mixed -Use (MXD);
32 providing that the zoning map of the City of Palm Beach Gardens be amended to reflect the
33 proper designation for the subject parcels of property; providing a conflicts clause and a
34 severability clause; providing an effective date; and for other purposes.
35 Resolution 1, 2010 is a companion item to Ordinance 28, 2009 and will require Council
36 action on Second Reading.
37 Resolution 1. 2010 - Brieer PCD site plan. A Resolution of the City Council of the City of
38 Palm Beach Gardens, Florida approving the Scripps Florida Phase II/Briger Tract Mixed Use
39 (11UKD) Planned Community Development (PCD), comprised of 2.6 million square feet of
40 biotech research and development, 1.2 million square feet of office, 300 hotel rooms, 500,000
41 square feet of retail, and 2,700 residential units on a 681 -acre parcel, as more particularly
42 described herein; providing waivers; providing conditions of approval; providing an effective
43 date; and for other purposes.
44 Mayor Russo opened the public hearing.
45 Mayor Russo. Vice Mayor Lew. Councilmember Jablin, Councilmember Barnett and
46 Councilmember Premuroso declared ex parte communication.
47 Mayor Russo closed the public hearing.
48 Vice Mayor Lew made a motion for approval.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
12.17.09
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
41
42
43
44
45
46
47
48
Councilmember Jabfin seconded.
Motion passed 5 -0.
X. PUBLIC HEARINGS
Part H — Non- OuasLiudicial
The City Clerk read Ordinance 29, 2009 by title.
a. Ordinance 29. 2009 — (2nd reading and adoption) Permanent and temporary banner
criteria. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 78. Land Development by repealing Subsection 78- 284(h)(2) and
readopting same as revised and adopting new Subsection 78- 284(1); further amending Chapter
78 by amending Table 24 permanent signs of Section 78 -285 Permitted Signs in order to
revise and clarify the criteria regulating permanent banners; further amending Chapter 78 by
adopting new Section 78 -292 pole - mounted banner criteria.; further amending Chapter 78 at
Section 78 -751 definitions to provide definitions for "Sign, Pole- Mounted Banner" and to
repeal the definition for "Sign, Light Pole "; providing that each and every other Section and
Subsection of Chapter 78 Land Development shall remain in full force and effect as
previously adopted; providing a conflicts clause, a severability clause, and authority to codify;
providing an effective date; and for other purposes.
Mayor Russo opened the public hearing.
Presented item: Resource Manager ARyson Black.
Mayor Russo closed the public hearing.
Vice Mayor Levv made a motion for approval and adoption on second reading.
Councilmember Jablin seconded.
Motion passed 4 -1 with Councilmember Barnett dissenting.
The City Clerk read Ordinance 36, 2009 by title.
b. Ordinance 36. 2009 — (1st readinal Amendment to the City Code regarding platting
requirements. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 78. Land Development. at Section 7843. review of applications for
development order approval by repealing Table 1 of Section 7843 and readopting same, as
revised; further amending Chapter 78 by repealing Section 78426. Variances. and readopting
same, as revised, for internal consistency; further amending Chapter 78 by repealing
Subsections 78427 (bxl) and (b)(2) and Section 78428 and readopting same, as revised, in
order to provide criteria for platting exceptions; further amending Chapter 78 by adopting new
Section 78429, entitled "Requirements in Lieu of Platting" and new Section 78430, entitled
"Other Platting Requirements" in order to provide regulations when Platting is not required;
further amending Chapter 78 by repealing Sections 78 -441, 78 -445, and 78 -446 and
readopting same, as revised, in order to clarify application requirements for subdivision plans
and to establish regulations for technical compliance review and approval; providing that each
and every other Section and Subsection of Chapter 78. Land Development. shall remain in
full force and effect as previously adopted; providing a conflicts clause, a severability clause,
and authority to codify; providing an effective date; and for other purposes.
Mayor Russo opened the public hearing.
Presented item: Planner Richard Marrero and Growth Management Administrator Kara
Irwin.
Mayor Russo closed the public hearing.
Vice Mayor Levy made a motion for approval.
Councilmember Jablin seconded.
Motion passed 5 -0.
The City Clerk read Ordinance 37, 2009 by title.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
12.17.09
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
41
42
43
44
45
46
47
48
c. Ordinance 37.2009 — (2nd reading and adoption) Amendment to the Art Ordinance.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
Chapter 78 Land Development at Section 78 -261 Art in Public Places requirements by
repealing Subsection (a) in its entirety and by repealing Subsection (d)(2) and readopting
same, as revised for internal consistency and to provide regulations for public art selection
and to provide for the use of art impact funds for maintenance of publicly -owned art; further
amending Chapter 78 at Section 78 -751 definitions to provide definitions for "Construction
Cost ", "Development ", "Art, Artwork, or Works of Art ", and "Artist or Professional Artist ";
providing that each and every other section and subsection of Chapter 78 \. Land
Development. shall remain in full force and effect as previously adopted; providing a conflicts
clause, a severability clause, and authority to codify; providing an effective date; and for other
purposes.
Mayor Russo opened the public hearing.
Councilmember Barnett suggested suspending the art tax for one (1) year for discussion on
a future agenda.
Mayor Russo closed the public hearing.
Vice Mayor Levy made a motion for approval and adoption on second reading.
Councilmember Jablin seconded.
Motion passed 5 -0.
XI. RESOLUTIONS
The City Clerk read Resolution 110, 2009 by title.
a. Resolution 110, 2009 - Purchase awards for twenty -two (22) vehicles and one (1)
grapple truck. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding contracts for the purchase of twenty -three vehicles and one grapple truck to Atlantic
Truck Center, Bartow Chevrolet, Garber Chrysler Dodge Jeep, Inc., Garber Ford Mercury,
Inc., and Maroone Dodge of Pembroke Pines via an existing contract with the Florida
Sheriffs Association (no. 09 -17- 0908); providing an effective date; and for other purposes.
Presented item: Operations Director Mike Morrow.
Vice Mayor Levy made a motion for approval.
Councilmember Jablin seconded.
Motion passed 5 -0.
The City Clerk read Resolution 111, 2009 by title.
b. Resolution 111. 2009 - Purchase Award to Trane. Inc. for two (2) Air Conditioning
Chiller Systems. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing a purchase award to Trane, Inc. for two chiller air conditioning systems
via an existing contract with the School Board of Palm
Presented item: Operations Director Mike Morrow.
Vice Mayor Levv made a motion for approval.
Councilmember Jablin seconded.
Motion passed 5 -0.
The City Clerk read Resolution 113, 2009 by title.
c. Resolution 113, 2009 — Art Maintenance Fund. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida designating a total of $150,000.00 of the Art Impact
Fund into a public art maintenance fund to be used only for maintenance and preservation of
City -owned public art, providing an effective date; and for other purposes.
Presented item: Resource Manager Allvson Black.
Vice Mayor Levv made a motion for approval.
Councilmember Jablin seconded.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
12.17.09
I Motion passed 5 -0.
2 The City Clerk read Resolution 114, 2009 by title.
3 d. Resolution 114, 2009 — Consider a contract award to dames B. Pirtle Construction
4 Company, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
5 awarding a contract to James B. Pirtle Construction Company, Inc., d/b /a Pirtle Construction
6 Company, for the design -build of the Municipal Complex Emergency Operations and
7 Communications Center, providing an effective date; and for other purposes.
8 Mayor Russo recused himself from voting on Resolution 114, 2009. Form 8B was filed with
9 the City Clerk. The gavel was passed to Vice Mayor Levy.
10 Presented item: Fire Chief Pete Bemel. Police Chief Stephen SteoD.
11 Public Comment: John Chaplik 715 Hudson Bay Drive, Palm Beach Gardens; Pat Hughey,
12 9120 Reed Drive, Palm Beach Gardens.
13 Councilmember Jablin made a motion for approval.
14 Councilmember Premuroso seconded.
15 Motion passed 4 -0.
16 Mayor Russo returned to the dais and the gavel was returned to him.
17 XII. ORDINANCES (For Consideration on First Reading)
18 The City Clerk read Ordinance 38, 2009 by title.
19 a. Ordinance 38, 2009 - Amending Fiscal Year 2009/2010 Budeet. An Ordinance of the
20 City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
21 Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30,
22 2010, inclusive; providing a conflicts clause and a severability clause; providing an effective
23 date; and for other purposes.
24 Presented item: Finance Administrator Allan Owens.
25 Councilmember Jablin made a motion for approval.
26 Vice Mayor Levy seconded.
27 Motion passed 5 -0.
28 The City Clerk read Ordinance 39, 2009 by title.
29 b. Ordinance 39, 2009 - Amending Fiscal Year 2009/2010 Budgeted Fund Balances
30 Actual Amounts. An Ordinance of the City Council of the City of Palm Beach Gardens,
31 Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning
32 October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause, and
33 a severability clause; providing an effective date; and for other purposes.
34 Presented item: Finance Administrator Ali" Owens.
35 Vice Mayor Levy made a motion for approval.
36 Councilmember Jablin seconded.
37 Motion passed 5 -0.
38 The City Clerk read Ordinance 40, 2009 by title.
39 c. Ordinance 40, 2009 - Amending the General Employees Pension Plan. An Ordinance of
40 the City Council of the City of Palm Beach Gardens, Florida amending Chapter 3. Personnel
41 Program. Article XIL General Employees' Pension Plan (db) at Section 3 -128. Board Of
42 Trustees. by repealing subsections (a) — (d) and readopting same, as revised, in order to
43 amend the composition of the board and to authorize the board to contract with Florida
44 Municipal Pension Trust Fund for administrative and investment management services;
45 further amending chapter 3. at section 3 -129. Finances and Fund Management. by repealing
46 Subsection (c) and readopting same, as revised, in order to add the Florida Municipal Pension
47 Trust Fund to the list of permitted service providers; providing that each and every other
48 Section and Subsection of Chapter 3. Personnel Program. shall remain in full force and effect
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
12.17.09
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
49
as previously adopted; providing a conflicts clause, a severability clause, and authority to
codify; providing an effective date; and for other purposes.
Presented item: Finance Administrator Allan Owens.
Vice Mayor Lew made a motion for approval.
Councilmember Premuroso seconded.
Motion passed 5 -0.
XIIL ITEMS FOR COUNCIL ACTION/DISCUSSION
Vice Mayor Levy requested a Proclamation be prepared for Gary and Jennifer Lesser of
Temple Beth David for their community service.
XIV. CITY ATTORNEY REPORT
None.
(The remainder of thispage intentionally left blank)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12.17.09
PAGE 6
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
XV. ADJOURNMENT
Councilmember Jablin made a motion to adjourn.
Vice Mayor Lew seconded.
Motion passed 5 -0.
The meeting adjourned at 9:35 p.m.
The next regularly scheduled City Council meeting will be held January 7, 2010.
APPROVED:
ATTEST:
/� � C -
Patricia Snider, CMC
City Clerk
Jody ett, Councilmember
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
12.17.09
PAGE
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE NAME
K- 2
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
C
S — -4 0 S 7 .
(� Ls s �
a,-$ � c-, L-
MAILING ADDRESS
Q SO 1
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
( ^-S t �-
CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
C TY
j,�t..w �n- +[�•�. �T�"� �'�� CO���,� �� �.
NAM OLITICAL BDIVISION:
DATE ON WHICY
12'
VOTE 9CCU D
I �
MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
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 BB - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
t A copy of the form must be provided immediately to the other members of the agency.
v 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
hereby disclose that on Z -1 , 20 0—�_:
(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 v L ° 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:
Date Filed
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 813 - EFF. 1/2000 PAGE 2