HomeMy WebLinkAboutMinutes Council 110311I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 November 3, 2011
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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 Levy, Vice Mayor Premuroso, Council Member Russo, Council Member
10 Jablin, Council Member Tinsley.
11 ABSENT:
12 None.
13 III. ADDITIONS, DELETIONS, MODIFICATIONS
14 None.
15 RESOLUTION 73 -2011. FACILITIES USE AGREEMENT.
16 Council Member Jablin made a motion to approve Resolution 73 -2011.
17 Council Member Tinsley seconded.
18 Motion passed 5 -0.
19 IV. ANNOUNCEMENTS AND PRESENTATIONS
20 None.
21 V. ITEMS OF INTEREST AND BOARD /COMMITTEE REPORTS
22 Council Member Tinsley attended the opening of the Green Market; Hallogreen and pumpkin
23 carving event, Banyan Tree Ceremony, Pitch For The Cure event and announced the upcoming
24 6th Annual Veteran's Golf Tournament.
25 Council Member Russo Hosted the North County Economic Development Advisory Board
26 Meeting and thanked staff for attendance and participation; attended the Honda Classic Board of
27 Directors Meeting.
28 Vice Mayor Premuroso Announced the Business Development Board's Life Sciences
29 upcoming luncheon; Historical Society and PGA Golf tournament.
30 Council Member Jablin Commented on parking associated with the Green Market; upcoming
31 Veteran's Day event on the Plaza.
32 Mayor Lew Attended the Hispanic Chamber of Commerce's second Latin Fest; Howell
33 Watkins Middle School Veterans dedication event, Duncan Middle School Veterans dedication
34 event, Veteran's Day event on the Plaza on November 11, 2011, and announced the upcoming
35 annual Big Heart Brigade at Fire Station #3.
36 VI. CITY MANAGER REPORT
37 City Manager, Ron Ferris reported staff time and costs related to responses for information by
38 the Palm Beach County Inspector General.
39 VII. COMMENTS FROM THE PUBLIC
40 Eric McClelland, 363, Unit #2 in Crestwood Chase, Palm Beach Gardens;
41 Anita Carbone, 11 Thurston Drive, Palm Beach Gardens.
42 VIII. CONSENT AGENDA
43 a. APPROVE MINUTES FROM OCTOBER 6, 2011 CITY COUNCIL MEETING.
44 b. RESOLUTION 70, 2011 - EASEMENT WITH NORTHCORP PROPERTY OWNERS'
45 ASSOCIATION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
46 BEACH GARDENS, FLORIDA APPROVING AN EASEMENT AGREEMENT BETWEEN
47 THE CITY OF PALM BEACH GARDENS AND THE NORTHCORP CORPORATE PARK
48 PROPERTY OWNERS' ASSOCIATION, INC., AS MORE PARTICULARLY DESCRIBED
49 HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
50 c. PROCLAMATION — CHORAL SOCIETY PROCLAMATION.
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d. PROCLAMATION — MAESTRO BOB LAPPIN AND THE PALM BEACH POPS.
Councilmember Jablin made a motion for approval of the Consent Agenda.
Councilmember Premuroso seconded.
Motion passed 5 -0.
IX. PUBLIC HEARINGS: ODesignates Quasi - Judicial Hearing)
Mayor Lew announced the procedures for tonight's proceedings.
Those preparing to give testimony were sworn in.
The City Clerk read Ordinance 16, 2011 by title.
a. ORDINANCE 16, 2011 — (2nd READING AND ADOPTIONS AMEND SECTION 78 -57.
TARGETED EXPEDITED PERMITTING PROCESS. AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING
CHAPTER 78. LAND DEVELOPMENT. BY REVISING SECTION 78 -57. TARGETED
EXPEDITED PERMITTING PROGRAM. IN ORDER TO UPDATE THE TARGETED
EXPEDITED PERMITTING PROGRAM FOR ECONOMIC DEVELOPMENT PURPOSES;
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 Lew opened the public hearing.
Staff presentation: Director of Planning and Zoning, Natalie Crowley,
Petitioner Presentation: Steve Matheson.
Public Comment: None.
Mayor Lew closed the public hearing.
Councilmember Jablin made a motion to approve Ordinance 16, 2011 on second reading and
adoption.
Councilmember Tinsley seconded.
Motion passed 5 -0.
The City Clerk read Ordinance 17, 2011 by title.
b. ORDINANCE 17, 2011 - (2nd READING AND ADOPTION) AMEND SECTION 78 -92.
FEES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING ARTICLE III. DEVELOPMENT REVIEW
PROCEDURES, DIVISION 4. CITYWIDE IMPACT FEES, OF CHAPTER 78. LAND
DEVELOPMENT. OF THE CITY CODE OF ORDINANCES BY REPEALING SECTION 78-
92. FEES. AND READOPTING SAME, AS REVISED, IN ORDER TO UPDATE IMPACT
FEES PURSUANT TO SECTION 78 -95. REVIEW.; 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 Lew opened the public hearing.
Staff presentation: Director of Planning and Zoning, Natalie Crowley,
Petitioner Presentation: Steve Matheson.
Public Comment: None.
Mayor Lew closed the public hearing.
Councilmember Jablin made a motion to approve Ordinance 17, 2011 on second reading and
adoption.
Councilmember Tinsley seconded.
Motion passed 5 -0.
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The City Clerk read Ordinance 21, 2011 by title.
C. *ORDINANCE 21 2011 — (1St READING) REZONE THE HOWELL WATKINS MIDDLE
SCHOOL SITE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF
ONE (1) PARCEL OF REAL PROPERTY TOTALING 20.40 ACRES, MORE OR LESS, IN
SIZE LOCATED ON THE EAST SIDE OF MACARTHUR BOULEVARD
APPROXIMATELY ONE - QUARTER MILE NORTH OF NORTHLAKE BOULEVARD,
WITH A STREET ADDRESS OF 9480 AND 9482 MACARTHUR BOULEVARD,
INFORMALLY KNOWN AS "HOWELL WATKINS MIDDLE SCHOOL"; PROVIDING
THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE PARTICULARLY
DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF
PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING
DESIGNATION OF PUBLIC OR INSTITUTIONAL (P /I); PROVIDING THAT THE ZONING
MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Lew opened the public hearing.
Staff presentation: Director of Planning and Zoning, Natalie Crowley
Public Comment: None.
Mayor Levy closed the public hearing.
Councilmember Jablin made a motion to approve Ordinance 21, 2011 on first reading.
Councilmember Premuroso seconded
Motion passed 5 -0.
RESOLUTION 64, 2011 IS A COMPANION ITEM TO ORDINANCE 21, 2011 AND
WILL REQUIRE COUNCIL ACTION ON SECOND READING.
*RESOLUTION 64, 2011 - REZONE THE HOWELL WATKINS MIDDLE SCHOOL SITE. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING THE HOWELL WATKINS MIDDLE SCHOOL PLANNED UNIT
DEVELOPMENT (PUD) SITE PLAN, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING A WAIVER; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
d. ORDINANCE 22, 2011 - (2" d READING AND ADOPTION) ELECTRIC FRANCHISE. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS
AND ASSIGNS AN ELECTRIC FRANCHISE IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO; PROVIDING FOR MONTHLY PAYMENTS TO
THE CITY OF PALM BEACH GARDENS; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Lew opened the public hearing.
Staff presentation: Finance Director, Allan Owens
Public Comment: None.
Mayor Lew closed the public hearing.
Councilmember Jablin made a motion to approve Ordinance 21, 2011 on second reading and
adoption.
Councilmember Premuroso seconded
Motion passed 5 -0.
e. *RESOLUTION 71, 2011 - MAJOR CONDITIONAL USE OF "LOUNGE ". A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
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FLORIDA APPROVING THE MAJOR CONDITIONAL USE "NIGHTCLUB, BAR OR
LOUNGE" IN ORDER TO ALLOW A LOUNGE, INFORMALLY KNOWN AS CABO
FLATS RESTAURANT, WITHIN THE DOWNTOWN AT THE GARDENS PLANNED
COMMUNITY DEVELOPMENT (PCD), LOCATED AT 11701 LAKE VICTORIA
GARDENS AVENUE, SUITE 5101, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
Mayor Lew opened the public hearing.
Staff presentation: Director of Planning and Zoning, Natalie Crowley.
Petitioner presentation: Andy Delgado and Steve Matheson.
Public Comment: None.
Mayor Levy closed the public hearing.
Councilmember Jablin made a motion to approve Resolution 71, 2011.
Councilmember Premuroso seconded
Motion passed 5 -0.
X. RESOLUTIONS:
a. RESOLUTION 60, 2011 - AGREEMENT WITH TOTAL MAINTENANCE BUILDING
SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING A UNIFIED AGREEMENT WITH TOTAL
MAINTENANCE BUILDING SERVICES, INC. FOR MOWING AND LANDSCAPING
SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Staff presentation: Director of Parks and Public Works, Charlotte Presensky
Councilmember Jablin made a motion to approve Resolution 60, 2011.
Councilmember Premuroso seconded
Motion passed 5 -0.
b. RESOLUTION 68, 2011 — REFUNDING BONDS. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE
ISSUANCE OF ITS PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES 2011A,
AND TAXABLE PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES 2011B, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000, FOR THE PURPOSE
OF REFUNDING THE CITY'S PUBLIC IMPROVEMENT AND REFUNDING BONDS,
SERIES 2003; AWARDING THE SALE OF SUCH BONDS TO RAYMOND JAMES &
ASSOCIATES, INC. AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE
CONTRACT WITH RAYMOND JAMES & ASSOCIATES, INC. FOR SUCH BONDS BY
NEGOTIATED SALE; FIXING THE DENOMINATIONS, MATURITIES, INTEREST
RATES, REDEMPTION PROVISIONS, AND OTHER DETAILS WITH RESPECT TO SUCH
BONDS; AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND
A FINAL OFFICIAL STATEMENT IN CONNECTION WITH THE SALE AND
DISTRIBUTION OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY
OF AN ESCROW DEPOSIT AGREEMENT; DESIGNATING A PAYING AGENT AND
REGISTRAR FOR SUCH BONDS; ADOPTING A BOOK ENTRY SYSTEM OF
REGISTRATION FOR THE BONDS; DESIGNATING THE SERIES 2011A BONDS TO BE
QUALIFIED TAX- EXEMPT OBLIGATIONS WITHIN THE MEANING OF SECTION
265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Staff presentation: Finance Director, Allan Owens
Public Comment: None.
Councilmember Jablin made a motion to approve Resolution 68, 2011.
Councilmember Tinsley seconded
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I Motion passed 5 -0.
2 c. RESOLUTION 72, 2011 - PURCHASE AWARD FOR TIRES AND RELATED
3 SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
4 GARDENS, FLORIDA APPROVING THE PURCHASE OF TIRES AND RELATED
5 SERVICES FROM DAN CALLAGHAN ENTERPRISES, INC., D /B /A CALLAGHAN TIRE,
6 VIA AN EXISTING CONTRACT WITH THE FLORIDA SHERIFFS ASSOCIATION AND
7 THE FLORIDA ASSOCIATION OF COUNTIES (NO. 11/13 -05 -120); PROVIDING AN
8 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
9 Staff presentation: Operations Director, Sanitation and Fleet Maintenance, Mike Morrow
10 Public Comment: None.
11 Councilmember Jablin made a motion to approve Resolution 72, 2011.
12 Councilmember Premuroso seconded
13 Motion passed 5 -0.
14 d. RESOLUTION 73 -2011, FACILITIES USE AGREEMENT.
15 Council Member Jablin made a motion to approve Resolution 73 -2011.
16 Council Member Tinsley seconded.
17 Motion passed 5 -0
18 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
19 Mayor Lew Discussed Carlton Oaks' interest in Annexation into the City.
20 XII. CITY ATTORNEY REPORT:
21 City Attorney, R. Max Lohman reported legal funding mechanism for Inspector General's
22 Office and discussed various cities interest in joining the lawsuit.
23 Councilmember Jablin made a motion to approve joining the lawsuit.
24 Councilmember Premuroso seconded.
25 Motion passed 5 -0.
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I XIII. ADJOURNMENT
2 Councilmember Jablin made a motion to adjourn.
3 Councilmember Russo seconded.
4 Motion passed 5 -0.
5 The meeting adjourned at 9:04 p.m.
6 The next regularly scheduled City Council meeting will be held December 1, 2011.
7
8 APPROVED:
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12 David Levy, Mayor
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16 Robert G. Pre roso, V' or
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20 Josep o, Councilmember
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24 Eric Atlfn, Co ilmembe
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28 Marcie Tinsley, Councilmember
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32 --
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347 -
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36 ATTEST:
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3 _
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41 Patricia Snider, CMC
42 City Clerk
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46 Note: These minutes are prepared in compliance with 286.011 F. S. and are not verbatim transcripts of the
47 meeting. A verbatim audio record is available from the Office of the City Clerk.
48 All referenced attachments are on file in the Office of the City Clerk.
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