HomeMy WebLinkAboutMinutes Council 081910I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 AUGUST 19, 2010
5
6 The regular meeting was called to order at 7:00 p.m. by Mayor Lew.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Eric Jablin.
10 ABSENT: Councilmember Joseph Russo.
11 III. ADDITIONS. DELETIONS. MODIFICATIONS
12 ADDITIONS
13 NEW ITEM A. UNDER CITY MANAGER REPORT:
14 NORTHLAKE BOULEVARD TASK FORCE.
15 NEW ITEM F. UNDER RESOLUTIONS:
16 RESOLUTION 53, 2010 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
17 OF PALM BEACH GARDENS, FLORIDA APPROVING A MONUMENT SIGN WITH
18 AN ELECTRONIC MARQUEE AT PALM BEACH GARDENS COMMUNITY HIGH
19 SCHOOL, LOCATED AT 4245 HOLLY DRIVE, AS MORE PARTICULARLY
20 DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS
21 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
22 Councilmember Jablin made a motion for approval of the additions.
23 Vice Mayor Premuroso seconded.
24 Motion passed 3 -0.
25 IV. ANNOUNCEMENTS AND PRESENTATIONS
26 a. RECOGNITION OF WAYNE CAMERON, BUILDING INSPECTOR.
27 Mayor Levy and Councilmembers acknowledged Wayne Cameron for obtaining an Energy
28 Assurance Plan grant.
29 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
30 Councilmember Jablin had no report. Vice Mayor Premuroso had no report. Mayor Lew
31 announced the upcoming Kiwanis Club Roast at the Marriott.
32 VI. CITY MANAGER REPORT
33 City Manager Ferris discussed a letter from County Commissioner Karen Marcus
34 regarding the Northlake Boulevard Task Force. Councilmembers reached consensus on
35 continuing the City of Palm Beach Gardens' membership and Councilmember Jablin
36 continuing as the City's representative.
37 VII. COMMENTS FROM THE PUBLIC
38 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; Lou Satriano, 4703
39 Lakemont Court, Palm Beach Gardens; Ed Chase, 3402 Gardens East Drive, Palm Beach
40 Gardens.
41 VIII. CONSENT AGENDA
42 a. APPROVE MINUTES FROM JUNE 3, 2010 CITY COUNCIL MEETING.
43 b. APPROVE MINUTES FROM JULY 15, 2010 CITY COUNCIL MEETING.
44 c. RESOLUTION 46, 2010 —WORK AUTHORIZATIONS TO TLC ENGINEERING. A
45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
46 FLORIDA AUTHORIZING TWO WORK AUTHORIZATIONS TO TLC ENGINEERING
47 FOR ARCHITECTURE, INC. FOR THE DEVELOPMENT OF AND TRAINING FOR AN
48 ENERGY ASSURANCE PLAN AS PART OF THE U.S. DEPARTMENT OF ENERGY'S
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I LOCAL ENERGY ASSURANCE PLANNING (LEAP) INITIATIVE; PROVIDING AN
2 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
3 d. RESOLUTION 48, 2010 - AGREEMENT WITH THE FLORIDA DEPARTMENT OF
4 TRANSPORTATION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
5 PALM BEACH GARDENS, FLORIDA APPROVING A LOCAL AGENCY
6 CERTIFICATION QUALIFICATION AGREEMENT WITH THE STATE OF FLORIDA
7 DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE; AND
8 FOR OTHER PURPOSES.
9 e. RESOLUTION 50, 2010 - AGREEMENT WITH MACMILLAN OIL COMPANY. A
10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
11 FLORIDA APPROVING AN AGREEMENT WITH MACMILLAN OIL COMPANY OF
12 FLORIDA, INC. FOR THE PURCHASE OF UNLEADED GASOLINE AND FUEL OIL
13 VIA AN EXISTING CONTRACT WITH THE STATE OF FLORIDA (NUMBER 405 -000-
14 10 -1); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING
15 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
16 f. RESOLUTION 52 2010 - LEASE AGREEMENT FOR GOLF CARTS. A
17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
18 FLORIDA APPROVING A FOUR (4) YEAR LEASE AGREEMENT WITH DE LAGE
19 LANDEN PUBLIC FINANCE LLC FOR GOLF CARTS FROM CLUB CAR, INC. VIA AN
20 EXISTING CONTRACT WITH THE CITY OF TUCSON, ARIZONA (CONTRACT
21 DATED DECEMBER 10, 2009); AUTHORIZING THE MAYOR TO EXECUTE THE
22 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
23 Councilmember Jablin made a motion for approval of the Consent Agenda.
24 Vice Mayor Premuroso seconded.
25 Motion passed 3 -0.
26 IX. PUBLIC HEARINGS: ( *Designates Ouasi - Judicial Hearing)
27 Mayor Levy announced the procedures for tonight's proceedings.
28 Those preparing to give testimony were sworn in.
29 The City Clerk read Ordinance 20, 2010 by title.
30 a. ORDINANCE 20, 2010 - (1ST READING) FIREFIGHTERS' PENSION PLAN. AN
31 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
32 FLORIDA RELATING TO THE FIREFIGHTERS' PENSION PLAN; PROVIDING FOR
33 COMPLIANCE WITH RECENTLY ENACTED STATUTORY REQUIREMENTS AND
34 OPTIONS; AMENDING SECTION 38 -53 PROVIDING FOR THE EXTENSION OF
35 TRUSTEE TERMS FROM TWO YEARS TO FOUR YEARS; AMENDING SECTION 38-
36 54 PROVIDING FOR THE INCREASE TO THE CAP OF INTERNATIONAL SECURITY
37 EXPOSURE FROM TEN PERCENT TO TWENTY -FIVE PERCENT; PROVIDING FOR
38 COMPLIANCE WITH PROTECTING FLORIDA'S INVESTMENT ACT AND
39 PROVIDING FOR THE EXPANSION OF THE INVESTMENT VEHICLES UPON THE
40 ADVICE OF THE INVESTMENT CONSULTANT; AMENDING SECTION 38 -57
41 PROVIDING THAT PRE - RETIREMENT DEATH BENEFITS SHALL COMPLY WITH
42 USERRA REQUIREMENTS; AMENDING SECTION 38 -60 PROVIDING THAT
43 RETIREES MAY CHANGE THE DESIGNATED SURVIVOR UP TO TWO TIMES
44 AFTER RETIREMENT WITHOUT APPROVAL OF THE BOARD OF TRUSTEES AND
45 VERIFICATION OF GOOD HEALTH; AMENDING SECTION 38 -68 PROVIDING FOR
46 FULL FUNDING OF NONFORFEITABLE BENEFITS UPON TERMINATION OF THE
47 PLAN; AMENDING SECTION 38 -69 PROVIDING THAT RETIREES MAY DIRECT
48 PAYMENT OF CERTAIN INSURANCE PREMIUMS FROM BENEFIT PAYMENTS;
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I PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
2 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
3 PURPOSES.
4 Mayor Lew opened the public hearing.
5 Staff Presentation by: Finance Administrator Allan Owens.
6 Petitioner Presentations by: Firefighters' Pension Fund Board Member Donna Wisneski;
7 Investment Consultant Joe Bogdahn; Actuary Brad Armstrong; Attorney Pedro
8 Herrera.
9 Public Comment: Rick Rhodes, 3139 SW Captiva Circle, Palm City.
10 Mayor Levy closed the public hearing.
11 Councilmember Jablin made a motion for approval of Ordinance 20, 2010 on first reading.
12 Vice Mayor Premuroso seconded.
13 Motion passed 3 -0.
14 The City Clerk read Ordinance 22, 2010 by title.
15 b. ORDINANCE 22, 2010 - (1ST READING) AMENDING THE CODE OF ORDINANCE.
16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
17 GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. OF THE CODE OF
18 ORDINANCES BY CREATING A NEW ARTICLE III. ENTITLED "DOG- FRIENDLY
19 DINING ", IN ORDER TO ESTABLISH A LOCAL EXEMPTION TO CERTAIN
20 PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC
21 FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT
22 CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS
23 PURSUANT TO SECTION 509.233, FLORIDA STATUTES; PROVIDING THAT EACH
24 AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS.
25 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
26 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
27 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
28 PURPOSES.
29 Mayor Levy opened the public hearing.
30 Presentation by: Code Enforcement Operations Director David Reyes.
31 Public Comment: Eileen Tucker, 1047 Shady Lakes Circle, Palm Beach Gardens; Pat
32 Hughey, 9120 Reed Drive, Palm Beach Gardens; Sue Tulho, 1827 N. Jog Road, West Palm
33 Beach; Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Lou Satriano, 4703
34 Lakemont Court, Palm Beach Gardens.
35 Mayor Levy closed the public hearing.
36 Councilmember Jablin made a motion for approval of Ordinance 22, 2010 on first reading.
37 Vice Mayor Premuroso seconded.
38 Motion passed 3 -0.
39 The City Clerk read Resolution 38, 2010 by title.
40 c. *RESOLUTION 38 2010 - PARCEL 31.04 — WAIVER FROM THE RESIDENTIAL
41 MIXED USE REQUIREMENT. A RESOLUTION OF THE CITY COUNCIL OF THE
42 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE
43 RESIDENTIAL COMPONENT WITHIN A MIXED -USE PROJECT FOR PROPERTY
44 COMMONLY REFERRED TO AS PARCEL 31.04 PLANNED COMMUNITY
45 DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN;
46 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
47 Mayor Lew opened the public hearing.
48 No ex parte communication was declared.
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1 Presentation by: Principal Planner Ryan Johnston, The Johnston Group.
2 Mayor Levy closed the public hearing.
3 Councilmember Jablin made a motion for approval of Resolution 38, 2010.
4 Vice Mayor Premuroso seconded.
5 Motion passed 3 -0.
6 The City Clerk read Resolution 49, 2010 by title.
7 d. *RESOLUTION 49, 2010 - CALVARY CHAPEL CHURCH. A RESOLUTION OF THE
8 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
9 THE MAJOR CONDITIONAL USE OF CHURCH FOR CALVARY CHAPEL OF
10 JUPITER, INC., LOCATED WITHIN PALM BEACH GARDENS HIGH SCHOOL AT
11 4245 HOLLY DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
12 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
13 OTHER PURPOSES.
14 Mayor Levy opened the public hearing.
15 No ex parte communication was declared.
16 Presentation by: Pastor Nathan Murrell.
17 Mayor Levy closed the public hearing.
18 Councilmember Jablin made a motion for approval of Resolution 49, 2010.
19 Vice Mayor Premuroso seconded.
20 Motion passed 3 -0.
21 The City Clerk read Resolution 51, 2010 by title.
22 e. *RESOLUTION 51, 2010 - AMENDING THE DONALD ROSS VILLAGE PLANNED
23 UNIT DEVELOPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
24 PALM BEACH GARDENS, FLORIDA AMENDING THE DONALD ROSS VILLAGE
25 PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR AN ADDITIONAL
26 PRINCIPAL TENANT SIGN ON THE NORTH ELEVATION OF BUILDING H (A.K.A.
27 HILTON HOMEWOOD SUITES HOTEL), AND RE- ORIENTING TWO MONUMENT
28 SIGNS LOCATED ALONG DONALD ROSS ROAD WITHIN THE DONALD ROSS
29 VILLAGE PUD, GENERALLY BOUNDED BY DONALD ROSS ROAD TO THE
30 NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE
31 EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS;
32 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND
33 FOR OTHER PURPOSES.
34 Mayor Levy opened the public hearing.
35 Vice Mayor Premuroso declared ex parte communication.
36 Presentation by: Marty Minor, Urban Design Kilday Studios.
37 Mayor Levy closed the public hearing.
38 Councilmember Jablin made a motion for approval of Resolution 51, 2010.
39 Vice Mayor Premuroso seconded.
40 Motion passed 3 -0.
41 The City Clerk read Resolution 53, 2010 by title.
42 f. RESOLUTION 53, 2010 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY
43 OF PALM BEACH GARDENS, FLORIDA APPROVING A MONUMENT SIGN WITH
44 AN ELECTRONIC MARQUEE AT PALM BEACH GARDENS COMMUNITY HIGH
45 SCHOOL, LOCATED AT 4245 HOLLY DRIVE, AS MORE PARTICULARLY
46 DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS
47 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
48 Mayor Lew opened the public hearing.
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I Petitioner Presentation by: Planning Director Kris Garrison, Palm Beach County School
2 District.
3 Staff Presentation by: Planning and Zoning Director Natalie Wong.
4 Mayor Lew closed the public hearing.
5 Councilmember Jablin made a motion for approval of Resolution 53, 2010.
6 Vice Mayor Premuroso seconded.
7 Motion passed 3 -0.
8 X. RESOLUTIONS
9 The City Clerk read Resolution 45, 2010 by title.
10 RESOLUTION 45, 2010 - ANNUAL INSURANCE RENEWALS. A RESOLUTION OF
11 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
12 APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA,
13 POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN
14 FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147 FOR FISCAL
15 YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
16 Mayor Levy opened the public hearing.
17 Presentation by: Human Resources Generalist Lauren Ferreira.
18 Mayor Levy closed the public hearing.
19 Councilmember Jablin made a motion for approval of Resolution 45, 2010.
20 Vice Mayor Premuroso seconded.
21 Motion passed 3 -0.
22 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
23 None.
24 XII. CITY ATTORNEY REPORT
25 None.
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I XII1. ADJOURNMENT
2 Councilmember Jablin made a motion to adjourn.
3 Vice Mayor Premuroso seconded.
4 Motion passed 3 -0.
5 The meeting adjourned at 9:12 p.m.
6 The next regularly scheduled City Council meeting will be held September 16, 2010.
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32 /A y SST'_
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atricia- snider, CMC
37 _City Clerk
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David Levy, Mayor
40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
41 the meeting. A verbatim audio record is available from the Office of the City Clerk.
42 All referenced attachments are on file in the Office of the City Clerk.
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