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HomeMy WebLinkAboutMinutes Council 020212I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 February 2, 2012 5 6 The regular meeting was called to order at 7:02 p.m. by Mayor Levy. 7 L PLEDGE OF ALLEGIANCE 8 H. ROLL CALL 9 PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Russo, Council Member 10 Jablin, Council Member Tinsley. 11 ABSENT: None. 12 HL ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. MAYOR'S VETERANS GOLF TOURNAMENT CHECK PRESENTATION. 16 Golf Operations Director, Dan Reidy announced this was a record year raising more than 17 $23,000 for the Honda Classic and thanked Tom Cairns, Gardens Mall - Platinum sponsor; 18 Charles Zacharias. TBC Corporation Silver Sponsor, Ed McEnroe, Honda Classic - Cart 19 Sponsor; Greg Kind Massage Envy - Cart Sponsor. 20 Associate Director of the VA Medical HosnitaL Cristi McKalon handed out certificates to 21 members of the employee committee that organized the tournament and presented a plaque to the 22 City Council. 23 a. HONDA CLASSIC ECONOMIC IMPACT PRESENTATION. 24 Presentation: Ed McEnroe, Honda Classic. 25 b. JOG ROAD EXTENSION PROJECT. 26 City Engineer, Todd Engle provided an overview of the project. 27 Kathleen Farrell, Omelio Fernandez, George Webb, Palm Beach County did a presentation 28 on the Jog Road Extension project. 29 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 30 Council Member Tinsley: thanked the Honda Classic for the 1.2 million in charitable 31 contributions this year; attended two ribbon cutting ceremonies, Paris in Town and Pure Hyper 32 Clean; thanked everyone that helped make the I& Anniversary of the Green Market a great 33 success; attended the Economic Forum Breakfast, featuring Dr. Fishkind, hosted by the PGA 34 Corridor Association; attended the State of the County Breakfast; congratulated Capital Grill and 35 Cafe Chardonnay for being in the South Florida Business Journal top 10 Restaurants. Attended a 36 Parks & Recreation Advisory Board Meeting this month regarding the City Park expansion 37 which is in the planning stages. 38 Council Member Russo: Thanked the Honda Classic and recognized the Nicklaus Children's 39 Healthcare Charity; attended the Bioscience Meeting with Mayor Levy; spoke on the local 40 Biotech Industry economic outlook; attended the Economic Advisory Board Meeting this month 41 in Lake Park. 42 Vice Mayor Premuroso: Will attend the Budget Oversight Committee on February 23, 2012 to 43 start this year's budget process, the Amanda Buckley 56 Annual Golf Tournament is coming up 44 on April 28, 2012; thanked Chief Stepp for the increased Police presence along Holly Drive; 45 accepted the membership of Palm Beach State College Bachelors Degree Advisory Board; will 46 be attending upcoming Business Development Board Meeting in Palm Beach Gardens on 47 Thursday. 48 Council Member dablin: attended the Chamber of Commerce Breakfast, thanked Karen Marcus 49 on 28 years of service to the County and particularly northern Palm Beach County. PAGE I Mayor Lew: attended the Loxahatchee River Management Coordinating Council Meeting; 2 attended the Board of Director's Meeting for the League of Cities; announced the passing of 3 former employee Ralph Elkins on January 27, 2012. 4 VL CITY MANAGER REPORT 5 None. 6 VII. COMMENTS FROM THE PUBLIC 7 Carol Estrada 309 Riverside Drive, Palm Beach Gardens; Roger Blaney, 11658 Hanloh St., 8 Palm Beach Gardens; Dennis Lipofi 8341 Sunset Drive, Palm Beach Gardens; Kevin Easton, 9 8342 Sunset Drive, Palm Beach Gardens; Tom Cairns. 301 PGA Blvd., Palm Beach Gardens. 10 VUL CONSENT AGENDA 11 Council Member Russo Requested Resolution 10, 2012 be pulled from the Consent Agenda 12 due to conflict. 13 a. APPROVE MINUTES FROM JANUARY 5, 2012 CITY COUNCIL MEETING. 14 c. RESOLUTION 20 2012 — GARDENS MALL PUD ANCHOR TENANT, A 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 16 FLORIDA APPROVING AN AMENDMENT TO THE GARDENS MALL DEVELOPMENT 17 ORDER TO PROVIDE CLARIFICATION OF ANCHOR TENANT SPACE USE, AS MORE 18 PARTICULARLY DESCRIBED HEREIN, PROVIDING A CONDITION OF APPROVAL, 19 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 20 d. PROCLAMATION — FAMILY CENTRAL 40TH ANNIVERSARY. 21 Council Member dablin made a motion to approval the Consent Agenda without Resolution 10, 22 2012. 23 Council Member Premuroso seconded. 24 Motion passed 5 -0. 25 Council Member Russo stepped away from the Dias and filled out form 8B. 26 The City Clerk read Resolution 10, 2012 by title. 27 b. RESOLUTION 10 2012 - AGREEMENT WITH THE CHILDREN'S HEALTHCARE 28 CHARITY, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 29 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE CHILDREN'S 30 HEALTHCARE CHARITY, INC. FOR THE 2012 HONDA CLASSIC PGA GOLF 31 TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A PUBLIC 32 SAFETY GRANT FOR OFF -DUTY POLICE AND FIRE PERSONNEL, AND EXCLUSIVE 33 USE OF MIRASOL PARK; PROVIDING AN EFFECTTVE DATE; AND FOR OTHER 34 PURPOSES. 35 Council Member dablin made a motion to approve Resolution 10, 2012. 36 Council Member Tinsley seconded. 37 Motion passed 4-0. 38 Council Member Russo returned to the Dias. 39 IX. PUBLIC HEARINGS: t *Designates (h a "odicial Hearin) 40 Those preparing to give testimony were swom in. 41 The City Clerk read Resolution 13, 2012 by title. 42 a. *RESOLUTION 13 2012 — WATERFORD HOTEL PLANNED UNIT DEVELOPMENT 43 MM) AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 44 PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 45 WATERFORD HOTEL PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN TO 46 CONVERT 90 HOTEL ROOMS TO 77 ROOMS AND CONVERT A PRIVATE 47 RESTAURANT TO A PUBLIC RESTAURANT, AS MORE PARTICULARLY DESCRIBED 48 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 49 DATE; AND FOR OTHER PURPOSES. PAGE 2 I Mayor Lew opened the Public Hearing. 2 Petitioner: Don Hearing, Codeur & Hearing- 3 Staff presentation: None. 4 Public comment: Virginia Norton, 11337 Briarwood Pl., North Palm Beach; Natalie Valdivia, 5 11300 Glen Oaks Ct., North Palm Beach; Bill Wehrman, 11278 Glen Oaks Ct., North Palm 6 Beach; Juanita Demrick 11344 Briarwood Pl., North Palm Beach, Eleanor Wehrman. 11278 7 Glen Oaks Ct., North Palm Beach; Tom Valdivu, 11300 Glen Oaks Ct., North Palm Beach; 8 Elizabeth Bartram, 11282 Glen Oaks Ct., North Palm Beach; Gree Jones, 11447 Shady Oaks 9 Ln., North Palm Beach; Barry A. Norton. 11337 Briarwood Pl., North Palm Beach; Chelle 10 Konvk, 1601 Forum Pl., Suite 700, West Palm Beach. 11 Mayor Levy closed the Public Hearing. 12 Council Member Jablin made a motion to approve Resolution 13, 2012. 13 Vice Mayor Premaroso seconded. 14 Motion passed 5 -0. 15 The City Clerk read Resolution 17, 2012 by title. 16 b. *RESOLUTION 17.2012- PARCEL 31.04 PCD AMENDMENT. A RESOLUTION OF THE 17 CITY COUNCILOF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 18 THEMASTER DEVELOPMENT PLAN FOR THE 50.58 -ACRE PARCEL 31.04 MIXED -USE 19 PLANNED COMMUNITY DEVELOPMENT (MXD/PCD), GENERALLY BOUNDED BY 20 INTERSTATE 95 AND CENTRAL BOULEVARD TO THE WEST, VICTORIA FALLS 21 BOULEVARD TO THE NORTH, THE FUTURE EXTENSION OF ELM AVENUE TO THE 22 EAST, AND THE PALOMA PLANNED UNIT DEVELOPMENT (PUD) TO THE SOUTH, 23 AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW FOR A REVISED 24 DEVELOPMENT PROGRAM CONSISTING OF 15,000 SQUARE FEET OF RESTAURANT, 25 60,000 SQUARE FEET OF PROFESSIONAL OFFICE, 35,000 SQUARE FEET OF 26 COMMERCIAL, 60,000 SQUARE FEET OF MEDICAL OFFICE, 10,000 SQUARE FEET OF 27 BANK WITH DRIVE - THROUGH, 15,000 SQUARE FEET OF DRUGSTORE WITH DRIVE - 28 THROUGH, 20,000 SQUARE FEET OF HEALTH CLUB, AND 341 MULTI -FAMILY 29 UNITS. 30 Mayor Levv opened the Public Hearing. 31 Petitioner: Ryan Johnston, Johnston Group Development. 32 Staff presentation: Principal Planner. Richard Marrero. 33 Public comment: Mark Velkneave. 12415 Aviles Cir., Palm Beach Gardens; Carolyn Chaplik 34 715 Hudson Bay Dr., Palm Beach Gardens; Bernard Larose. 12292 Aviles Cir., Palm Beach 35 Gardens. 36 Mayor Levv closed the Public Hearing. 37 Council Member Jablin made a motion to approve Resolution 17, 2012. 38 Vice Mayor Premaroso seconded. 39 Motion passed 4-1, Council Member Tinsley voted against. 40 The City Clerk read Ordinance 1, 2012 by title. 41 c. *ORDINANCE 1, 2012 — (2ND READING AND ADOPTION) GORDON AND DONER 42 SMALL SCALE LANDUSE AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL 43 OF THE CITYOF PALM BEACH GARDENS, FLORIDA ADOPTING A SMALL - 44 SCALEAMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN 45 INACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA 46 STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, 47 PURSUANT TO APPLICATION NO. CPSS -11 -05- 000003, WHICH PROVIDES FOR AN 48 AMENDMENT TO THE CITY'S FUTURE LAND USE MAP DESIGNATING ONE (1) 49 PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY 0.26 ACRES, MORE PAGE 3 I OR LESS, IN SIZE AS "(C) COMMERCIAL "; SUCH PARCEL BEING LOCATED 2 GENERALLY 200 FEET SOUTH OF NORTHLAKE BOULEVARD ON THE EAST SIDE OF 3 SUNSET DRIVE; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF 4 CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE 5 FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A 6 CONFLICTS CLAUSE, A SEVERABILTTY CLAUSE, AND AUTHORITY TO CODIFY; 7 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 Mayor Lew opened the Public Hearing. 9 Petitioner: None. 10 Staff Presentation: None. 11 Public Comment: Kevin Easton. 8342 Sunset Dr., Palm Beach Gardens; Carol Courtney, 8511 12 40 Terrace N., Palm Beach Gardens; Carol Estrada. 309 Riverside Dr., Palm Beach Gardens. 13 Mayor Lew closed the Public Hearing. 14 Council Member Jablin made a motion to approve Ordinance 1, 2012 on 2"d reading. 15 Council Member Tinsley seconded. 16 Motion passed 5 -0. 17 The City Clerk read Ordinance 2, 2012 and Resolution 3, 2012 by title. 18 d. *ORDINANCE 2, 2012 — (2ND READING AND ADOPTIONI GORDON AND DONER 19 PUD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 20 GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE 21 CORPORATE LWTS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF 22 ONE (1) PARCEL OF REAL PROPERTY TOTALING 0.87 ACRES, MORE OR LESS, IN 23 SIZE LOCATED ON THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND 24 SUNSET DRIVE, WITH STREET ADDRESSES OF 4114 NORTHLAKE BOULEVARD 25 AND 8955 SUNSET DRIVE, TO BE KNOWN AS THE GORDON AND DONER PUD; 26 PROVIDING THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE 27 PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING 28 DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN 29 UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG -1); 30 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE 31 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A 32 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 33 PURPOSES. 34 RESOLUTION 3, 2012 IS A COMPANION ITEM TO ORDINANCE 2, 2012 AND WILL 35 REQUIRE COUNCIL ACTION. 36 *RESOLUTION 3, 2012 - GORDON AND DONER PUD. A RESOLUTION OF THE CITY 37 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 38 GORDON AND DONER PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN IN 39 ORDER TO ALLOW THE EXPANSION OF AN EXISTING OFFICE BUILDING BY 5,069 40 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 41 WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 42 DATE; AND FOR OTHER PURPOSES. 43 Mayor Lew opened the Public Hearing. 44 Petitioner: None. 45 Staff Presentation: None. 46 Public Comment: Kevin Easton. 8347 Sunset Dr., Palm Beach Gardens; Carol Estrada, 309 47 Riverside Dr., Palm Beach Gardens. 48 Mayor Levv closed the Public Hearing. 49 Council Member Jablin made a motion to approve Ordinance 2, 2012. PAGE 4 I Vice Mayor Premuroso seconded. 2 Motion passed 5 -0. 3 Council Member Jablin made a motion to approve Resolution 3, 2012. 4 Vice Mayor Premuroso seconded 5 Motion passed 5-0 6 The City Clerk read Ordinance 3, 2012 by title. 7 e. ORDINANCE 3, 2012 - (2ND READING AND ADOPTION) AMENDING FISCAL YEAR 8 2011/2012 BUDGETED FUND BALANCE CARRYOVERS. AN ORDINANCE OF THE 9 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 10 THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR 11 BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, INCLUSIVE; 12 PROVIDING A CONFLICTS CLAUSE AND A SEVERABI ITY CLAUSE; PROVIDING 13 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 Mayor Levy opened the Public Hearing. 15 Petitioner: None. 16 Staff Presentation: Finance Administrator, Allan Owens. 17 Public Comment: None. 18 Mayor Levy closed the Public Hearing. 19 Council Member Jablin made a motion to approve Ordinance 3, 2012 on 2°d reading. 20 Vice Mayor Premuroso seconded. 21 Motion passed 5 -0. 22 The City Clerk read Ordinance 4, 2012 by title. 23 f. ORDINANCE 4.2012 - (2ND READING AND ADOPTIONS AMENDING THE FISCAL 24 YEAR 2011/2012 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 25 PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH 26 GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND 27 ENDING SEPTEMBER 30, 2012, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A 28 SEVERABILTTY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 29 DATE; AND FOR OTHER PURPOSES. 30 Mayor Levy opened the Public Hearing. 31 Petitioner: None. 32 Staff Presentation: Finance Administrator. Allan Omens. 33 Public Comment: None. 34 Mayor Levy closed the Public Hearing. 35 Council Member Jablin made a motion to approve Ordinance 4, 2012 on 2°d reading. 36 Council Member Tinsley seconded. 37 Motion passed 5 -0. 38 The City Clerk read Ordinance 5, 2012 by title. 39 g. ORDINANCE 5.2012 — 2ND READING) AMENDING CHAPTER 42 OFFENSES. AN 40 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 41 FLORIDA AMENDING CHAPTER 42. OFFENSES. BY ADOPTING ARTICLE I. 42 GENERAL OFFENSES AND INCORPORATING EXISTING SECTIONS 42 -1 THROUGH 43 42 -3 THEREIN, ALONG WITH NEW SECTIONS 42-4 THROUGH 42 -9, WHICH ARE 44 RESERVED FOR FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 42 BY 45 ADOPTING ARTICLE 11. SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE 46 PROHIBITION, IN ORDER TO ESTABLISH REGULATIONS TO GOVERN AND 47 REGULATE SEXUAL OFFENDERS AND SEXUAL PREDATORS RESIDING IN THE 48 CITY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND PAGE I AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 2 PURPOSES. 3 Mayor Levy opened the Public Hearing. 4 Petitioner: None. 5 Staff Presentation: Police Chief Stephen Steng. 6 Public Comment: None. 7 Mayor Levy closed the Public Hearing. 8 Council Member Jablin made a motion to approve Ordinance 5, 2012 on 2°d reading. 9 Council Member Tinsley seconded. 10 Motion passed 5 -0. 11 The City Clerk read Resolution 11, 2012 by title. 12 h. *RESOLUTION 11 2012 - DOWNTOWN AT THE GARDENS MASTER SIGNAGE 13 PLAN AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 14 PALM BEACH GARDENS, FLORIDA APPROVING A PLANNED COMMUNITY 15 DEVELOPMENT (PCD) AMENDMENT TO REVISE THE APPROVED MASTER SIGN 16 PLAN AND TO ADD NEW AND MODIFY EXISTING DIRECTIONAL, WAY - FINDING, 17 AND IDENTITY SIGNAGE; DOWNTOWN AT THE GARDENS IS LOCATED NORTH OF 18 KYOTO GARDENS DRIVE, EAST OF ALTERNATE AIA, SOUTH OF GARDENS 19 PARKWAY, AND WEST OF THE LANDMARK AND GARDENS POINTE 20 DEVELOPMENTS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 21 WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 22 DATE; AND FOR OTHER PURPOSES. 23 Mayor Levy opened the Public Hearing. 24 Petitioner: Don Hearing, Codeur & Hearin& 25 Staff Presentation: Director of Planning & Zoning, Natalie Crowley. 26 Public Comment: Ed Chase, 3402 Gardens E. Dr., Palm Beach Gardens. 27 Mayor Levy closed the Public Hearing. 28 Council Member Jablin made a motion to approve Resolution 11, 2012. 29 Vice Mayor Premuroso seconded. 30 Motion passed 5 -0. 31 Council Member Russo made a motion to reorder the agenda: Resolution 16, 2012; Resolution 32 18, 2012; Establish Reorganization Meeting Date; Resolution 14, 2012; Resolution 15, 2012. 33 Council Member Tinsley seconded. 34 Motion passed 5 -0. 35 The City Clerk read Resolution 16, 2012 by title. 36 k. *RESOLUTION 16 2012 — ST. MARK'S EPISCOPAL CHURCH AND SCHOOL ART IN 37 PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 38 BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR ST. MARK'S 39 EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT DEVELOPMENT (PUD), AS 40 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF 41 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 42 Mayor Levy opened the Public Hearing. 43 Petitioner: Dodi Glas, Gentile G12s Holloway O'Mahoney. 44 Staff Presentation: None. 45 Public Comment: None. 46 Mayor Levy closed the Public Hearing. 47 Council Member Jablin made a motion to approve Resolution 16, 2012. 48 Council Member Tinsley seconded. 49 Motion passed 5 -0. PAGE I X. RESOLUTIONS 2 The City Clerk read Resolution 18, 2012 by title. 3 a. RESOLUTION 18.2012 - PURCHASE AWARDS FOR EIGHTEEN (181 4 REPLACEMENT VEHICLES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 5 OF PALM BEACH GARDENS, FLORIDA AWARDING CONTRACTS FOR THE 6 PURCHASE OF EIGHTEEN (18) VEHICLES TO MAROONE DODGE OF PEMBROKE 7 PINES, BARTOW CHEVROLET, DON REID FORD, INC., AND PALMETTO FORD 8 TRUCK SALES, INC. VIA AN EXISTING CONTRACT WITH THE FLORIDA SHERIFFS 9 ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES, AND FLORIDA FIRE CHIEFS' 10 ASSOCIATION CONTRACT NO. 11 -19 -0907; PROVIDING AN EFFECTIVE DATE; AND I I FOR OTHER PURPOSES. 12 Petitioner: None. 13 Staff Presentation: Operations Director, Mike Morrow. 14 Public Comment: None. 15 Council Member Jablin made a motion to approve Resolution 18, 2012. 16 Vice Mayor Premuroso seconded. 17 Motion passed 5 -0. 18 XL ITEMS FOR COUNCIL ACTION/DISCUSSION 19 a. ESTABLISH REORGANIZATION MEETING DATE. 20 April 5, 2012 was selected by a vote of 5 -0. 21 IX. PUBLIC HEARINGS (CONITWED) 22 The City Clerk read Resolution 14, 2012 by title. 23 i. *RESOLUTION 14 2012 - 51 SUPPER CLUB MAJOR SITE PLAN AMENDMENT. A 24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 25 FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS 26 SITE PLAN TO ALLOW AN OUTDOOR BAR AT 51 SUPPER CLUB, AS MORE 27 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 28 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 29 Mayor Levy opened the Public Hearing. 30 Petitioner: Alessandria Kalfm, Cotleur & Hearing. 31 Staff Presentation: None. 32 Public Comment: None. 33 Mayor Lew closed the Public Hearing. 34 Council Member Jablin made a motion to approve Resolution 14, 2012. 35 Council Member Tinsley seconded. 36 Motion passed 5 -0. 37 The City Clerk read Resolution 15, 2012 by title. 38 a. *RESOLUTION 15 2012 — LA FITNESS PLAZA MAJOR SITE PLAN AMENDMENT. A 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 40 FLORIDA APPROVING AN AMENDMENT TO THE LA FITNESS PLAZA PLANNED 41 UNIT DEVELOPMENT (PUD) SITE PLAN TO ALLOW A 968- SQUARE -FOOT CAR 42 WASH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; 43 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND 44 FOR OTHER PURPOSES. 45 Mayor Levy opened the Public Hearing. 46 Petitioner: Dodi Glas, Gentile Glas Holloway O'Mahoney. 47 Staff Presentation: None. 48 Public Comment: None. 49 Mayor Lew closed the Public Hearing. PAGE I Council Member Jablin made a motion to approve Resolution 15, 2012. 2 Vice Mayor Premuroso seconded. 3 Motion passed 5 -0. 4 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION (CONTE ED) 5 b. Mayor Levy discussed the video of Fayetteville, Arkansas, featured on the Today in 6 America. Program with Terry Bradshaw and inquired if Council wants to pursue this. The 7 consensus was only if we can partner with the business community and there is no cost to the tax 8 payers. 9 c. Council Member Russo inquired about the dates of the summer schedule. 10 XIL CITY ATTORNEY REPORT 11 None. 12 13 (The remainder of this page intentionally left blank) 14 15 PAGE I XIIL ADJOURNMENT 2 Council Member made a motion to adjourn. 3 Council Member seconded. 4 Motion passed 5 -0. 5 The meeting adjourned at 11:22 p.m. 6 The next regularly scheduled City Council meeting will be held March 1, 2012. 7 APPROVED: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 - ,3� ,. _ -r�i 3' cialwder, CMC 41 -City Clerk 42 43 v-a,,� -�. David Levy, Levy, Mayor 44 45 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 46 meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced 47 attachments are on file in the Office of the City Clerk. PAGE 9 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST ME -FIRST NAME - MIDDLE NAME �� 'OCC 1D NAME OF _ 7 MISSION, OR COMMITTEE 55d v'oS C� / / L-c'`�n.L� AILING ADORE 1 Z �� / Ti-E 9av CO#AiA 1, Aur oRrrY OR oommmEE ON I SERVE IS A UNIT OF: D COUNTY 13 OMER LOCAL AGENCY Y CnCrTY SlRil7l[]tt/`L T' / /1 c� �- <( 4��� S� �f`� DATE ON VVMCW VOTE Z DD / L ELECTIVE O APPOINTIVE a WHO MUST FILE FORM 88 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 the reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES A person holding elective or appointive county, rnurickmf, or other brat 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 foss of a prsx*pal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate prexapal by which he or she is retained); to the special private gain or loss of a relative; or to the special private On or loss of a busbess associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special talc dlctricts 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, rnottxx, son. daughter, husband. wife, brother, dsW, father -in -law, mother4n4aw, son-in-law, and daughter4n4aw. A 'business associate' means any person or enldy 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 slating to the assembly the nature of your interest in the measure on which you are abstaining from voting; end WITHIN 15 DAYS AFTER THE VOTE OCCURS by comple6ig and filling 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 in9uence 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: s 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 SB - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form rr rA be preAded immediately to the otter members of the agency. • The form must be read publicly at the next meeting alter line 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 fide 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 ff*M s. 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 alter the form is filed DISCLOSURE OF LOCAL OFFICERS INTEREST /C - SS © hereby disclose that on Z �- , 20 (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 lass of my business associate, ; 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 subsidiary of a principal which has retained me. (b) The measure before my agency and the nawm of my c L inter ect in the measure is as C 'S C- Rio )vr,J" 10, col a -,- Date Filed i1tn 5 S i 7n 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 8B - EFF. 12000 PAGE 2 P A L At R E a C H GAR I'll N'S City of Palm Beach Gardens Office of the City Clerk Letter of Transmittal DATE: February 3, 2012 TO: Palm Beach County Commission on Ethics 2633 Vista Parkway West Palm Beach, FL 33411 Re: Form 8B O'For Your Records 0 As Requested 0 For Review and Signature Signed Patricia Snider, CMC, City Clerk 0 For Recording O Returned for Corrections 0 Other: FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST ME -FIRST NAME - MIDDLE NAME �� 'OCC 1D NAME OF _ 7 MISSION, OR COMMITTEE 55d v'oS C� / / L-c'`�n.L� AILING ADORE 1 Z �� / Ti-E 9av CO#AiA 1, Aur oRrrY OR oommmEE ON I SERVE IS A UNIT OF: D COUNTY 13 OMER LOCAL AGENCY Y CnCrTY SlRil7l[]tt/`L T' / /1 c� �- <( 4��� S� �f`� DATE ON VVMCW VOTE Z DD / L ELECTIVE O APPOINTIVE a WHO MUST FILE FORM 88 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 the reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES A person holding elective or appointive county, rnurickmf, or other brat 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 foss of a prsx*pal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate prexapal by which he or she is retained); to the special private gain or loss of a relative; or to the special private On or loss of a busbess associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special talc dlctricts 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, rnottxx, son. daughter, husband. wife, brother, dsW, father -in -law, mother4n4aw, son-in-law, and daughter4n4aw. A 'business associate' means any person or enldy 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 slating to the assembly the nature of your interest in the measure on which you are abstaining from voting; end WITHIN 15 DAYS AFTER THE VOTE OCCURS by comple6ig and filling 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 in9uence 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: s 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 SB - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form rr rA be preAded immediately to the otter members of the agency. • The form must be read publicly at the next meeting alter line 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 fide 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 ff*M s. 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 alter the form is filed DISCLOSURE OF LOCAL OFFICERS INTEREST /C - SS © hereby disclose that on Z �- , 20 (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 lass of my business associate, ; 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 subsidiary of a principal which has retained me. (b) The measure before my agency and the nawm of my c L inter ect in the measure is as C 'S C- Rio )vr,J" 10, col a -,- Date Filed i1tn 5 S i 7n 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 8B - EFF. 12000 PAGE 2 P A L At R E a C H GAR I'll N'S City of Palm Beach Gardens Office of the City Clerk Letter of Transmittal DATE: February 3, 2012 TO: Palm Beach County Commission on Ethics 2633 Vista Parkway West Palm Beach, FL 33411 Re: Form 8B O'For Your Records 0 As Requested 0 For Review and Signature Signed Patricia Snider, CMC, City Clerk 0 For Recording O Returned for Corrections 0 Other: