HomeMy WebLinkAboutMinutes Council 050312I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 May 3, 2012
5
6 The regular meeting was called to order at 7:00 p.m. by Mayor Levy.
7 I. PLEDGE OF ALLEGIANCE
8 H. ROLL CALL
9 PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Russo, Council Member
10 Jablin, Council Member Tinsley.
I 1 ABSENT: None.
12 III. ADDITIONS DELETIONS MODIFICATIONS:
13 1. 1. Proclamation - I 001h Anniversary of the Hadassah Group
14 2. m. Proclamation - Kay Carnes Appreciation Day
15 Council Member Jablin made a motion to approve the additions.
16 Council Member Tinsley seconded.
17 Motion passed 5-0.
18 IV. ANNOUNCEMENTS AND PRESENTATIONS
19 a. Representative Rooney — Presentation on 2012 legislative session update.
20 b. Matt Forest Ballard Partners — Presentation on legislative update.
21 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
22 Council Member Marcy Tinsley:. Attended the PGA Corridor State of the City; Lilac Park
23 Grand Opening Ceremony; Gardens High School Chorus Competition in Orlando; The Egg
24 Extravaganza at the Gardens Park; The Miami Children's Hospital Groundbreaking at Legacy
25 Place; April for Authors event at Palm Beach Gardens High School; League of Cities General
26 Meeting; Amanda Buckley Golf Tournament, Give a Child a Smile Foundation Tournament;
27 Gaeta Annual Private Property Rights Luncheon. Announced May 17th is the opening ceremony
28 for the Summer Market Nights.
29 Council Member Joe Russo: Attended the Honda Classic Executive Meeting and North County
30 Economic Development Meeting.
31 Vice Mayor Bert Premuroso: Announced that at the Historical Society Meeting May 91h, Elliot
32 Kleinberg will be discussini a book he wrote about Florida in the Civil War. Fields of Gardens
33 Night baseball finals May 8t .
34 Council Member Eric Jablin: Sunday is the last greenmarket of this season; "Summer Nights"
35 program Thursday nights; this Friday night will be a band concert at the Burns Road Community
36 Center Auditorium, Ben Grasaffi and his big band; Charles Passey wrote an article, which
37 appeared on the front page of the Wall Street Journal, about the City of Palm Beach Gardens
38 Fire Department.
39 Mayor David Lew: April 19th Water Resources Task Force Meeting on the L8 Basin and Rock
40 Pit Basin. Showed the DVD titled Wake Up to Palm Beach Gardens.
41 VI. CITY MANAGER REPORT
42 City Manager, Ronald Ferris announced The Government Finance Officers Association of the
43 United States and Canada recently awarded the City of Palm Beach Gardens a Distinguished
44 Budget Presentation Award for the budget year of 2011/12. It is the 15th year in -a -row that the
45 City has received this award. In addition to receiving the award, the City received recognition in
46 Special Capital Recognition and Special Performance Measures Program; thanked Allan Owens
47 and staff..
48 VII. COMMENTS FROM THE PUBLIC
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I Roger Blangy, 11658 Hemlock St., Palm Beach Gardens.
2 VIII. CONSENT AGENDA
3 a. APPROVE MINUTES FROM APRIL 5, 2012 CITY COUNCIL MEETING.
4 b. RESOLUTION 39, 2012 - ADDENDUM I TO THE STAND-BY AGREEMENT WITH
5 NITELINES USA, INCORPORATED. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
6 OF PALM BEACH GARDENS, FLORIDA APPROVING AN ADDENDUM TO A STAND-BY
7 AGREEMENT WITH NITELINES USA, INCORPORATED FOR TEMPORARY EMPLOYMENT
8 STAFFING SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE ADDENDUM;
9 AUTHORIZING THE CITY MANAGER TO APPROVE FUTURE ADDENDA; PROVIDING AN
10 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
11 c. RESOLUTION 40, 2012 — CONTRACT AWARD TO ODUMS SOD, INC. A RESOLUTION
12 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING
13 A CONTRACT FOR ODUMS SOD, INC. TO FURNISH, DELIVER, AND INSTALL CERTIFIED
14 BERMUDA SOD AT GARDENS PARK MULTIPURPOSE FIELD VIA AN EXISTING
15 CONTRACT WITH PALM BEACH COUNTY (CONTRACT NO. 12025); PROVIDING AN
16 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
17 d. PROCLAMATION — NATIONAL PUBLIC WORKS WEEK.
18 e. PROCLAMATION — NATIONAL MISSING CHILDREN'S DAY.
19 f. PROCLAMATION — MUNICIPAL CLERKS WEEK
20 g. PROCLAMATION — MIAMI CHILDREN'S HOSPITAL.
21 h. PROCLAMATION — PALM BEACH SOCCER CUP.
22 i. PROCLAMATION — CIVILITY MONTH.
23 j. PROCLAMATION — BETTER HEARING MONTH.
24 k. PROCLAMATION — NATIONAL POLICE WEEK.
25 1. PROCLAMATION — WATER REUSE WEEK,
26 Council Member Jablin made a motion for approval of the Consent Agenda.
27 Council Member Tinsley seconded.
28 Motion passed 5-0.
29 IX. PUBLIC HEARINGS: (*Designates Quasi -Judicial Hearing)
30 Those preparing to give testimony were sworn in.
31 The City Clerk read Ordinance 6, 2012 by title.
32 a. ORDINANCE 6. 2012 — (2ND READING AND ADOPTION) AMENDMENT TO THE CITY'S
33 LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE
34 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
35 DEVELOPMENT. BY REPEALING AND READOPTING SECTION 78-221. PGA BOULEVARD
36 CORRIDOR OVERLAY., AS REVISED IN ORDER TO REVISE AND CLARIFY THE LIST OF
37 PERMITTED AND PROHIBITED USES; PROVIDING THAT EACH AND EVERY OTHER
38 SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN
39 FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
40 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
41 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Lew opened the Public Hearing.
43 Petitioner: None.
44 Staff presentation: Principal Planner, Richard Marrero.
45 Public comment: Paul DiArelli, 8201 Peters Road, Plantation FL.
46 Mayor Levy closed the Public Hearing.
47 Council Member Jablin made a motion to approve Ordinance 6, 2012 on 2nd reading and
48 adoption.
49 Vice Mayor Prcmuroso seconded.
50 Motion passed 5-0.
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I The City Clerk read Ordinance 8, 2012 by title.
2 b. ORDINANCE 8, 2012 — (1sT READING) CONDITIONS OF APPROVAL RELATED TO THE
3 BANYAN TREE PLANNED UNIT DEVELOPMENT. AN ORDINANCE OF THE CITY COUNCIL
4 OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE BANYAN TREE
5 PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHWEST AND
6 NORTHEAST CORNERS OF NORTHLAKE BOULEVARD AND MACARTHUR BOULEVARD;
7 AMENDING ORDINANCE 11, 2003 AND ORDINANCE 17, 2003 IN ORDER TO TRANSFER
8 CONDITIONS OF APPROVAL TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE
9 AMENDMENTS TO THE CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY
10 RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A
11 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
12 DATE; AND FOR OTHER PURPOSES.
13 RESOLUTION 25, 2012 IS A COMPANION ITEM TO ORDINANCE 8, 2012 AND WILL
14 REQUIRE COUNCIL ACTION ON SECOND READING.
15 RESOLUTION 25, 2012 - CONDITIONS OF APPROVAL RELATED TO THE BANYAN TREE
16 PLANNED UNIT DEVELOPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
17 OF PALM BEACH GARDENS, FLORIDA REPEALING RESOLUTION 75, 2004, AND
18 RESOLUTION 86, 2006, ADOPTING AND ELIMINATING CERTAIN CONDITIONS OF
19 APPROVAL FOR THE BANYAN TREE PUD, AS MORE PARTICULARLY DESCRIBED
20 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
21 AND FOR OTHER PURPOSES.
22 Mayor Levy opened the Public Hearing.
23 Petitioner: None.
24 Staff presentation: Senior Planner, Kathryn DeWitt.
25 Public comment: None.
26 Mayor Levy closed the Public Hearing.
27 Council Member Jablin made a motion to approve Ordinance 8, 2012 on 1St reading.
28 Vice Mayor Premuroso seconded.
29 Motion passed 5-0.
30 The City Clerk read Ordinance 9, 2012 by title.
31 c. ORDINANCE 9, 2012 — (1sT READING) REZONE NINE (9) CANAL PARCELS WITHIN THE
32 LOXAHATCHEE SLOUGH NATURAL AREA. AN ORDINANCE OF THE CITY COUNCIL OF
33 THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY
34 WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS,
35 CONSISTING OF NINE (9) C-18 CANAL RIGHT-OF-WAY PARCELS OF REAL PROPERTY
36 TOTALING 198.9 ACRES IN SIZE, MORE OR LESS, LOCATED WITHIN THE
37 LOXAHATCHEE SLOUGH NATURAL AREA AND GENERALLY LOCATED WEST OF THE
38 FLORIDA TURNPIKE AND NORTH OF PGA BOULEVARD; PROVIDING THAT THESE
39 PARCELS OF REAL PROPERTY WHICH ARE MORE PARTICULARLY DESCRIBED HEREIN
40 SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF CONSERVATION (CONS);
41 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE
42 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
43 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
44 OTHER PURPOSES.
45 Mayor Levy opened the Public Hearing.
46 Petitioner: None.
47 Staff presentation: Senior Planner, Kathryn DeWitt.
48 Public comment: None.
49 Mayor Levy closed the Public Hearing.
50 Council Member Jablin made a motion to approve Ordinance 9, 2012 on 1St reading.
51 Council Member Tinsley seconded.
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I Motion passed 5-0.
2 The City Clerk read Ordinance 12, 2012 by title.
3 Council Member Tinsley stepped away from the Dias and filled out form 8B.
4 d. ORDINANCE 12, 2012 — (2ND READING AND ADOPTION) CENTRAL GARDENS. AN
5 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
6 REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY
7 OF PALM BEACH GARDENS, CONSISTING OF TWO (2) PARCELS OF REAL PROPERTY
8 TOTALING 41.75 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE SOUTHWEST
9 CORNER OF HOOD ROAD AND CENTRAL BOULEVARD, TO BE KNOWN AS CENTRAL
10 GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING THAT THESE
11 PARCELS OF REAL PROPERTY WHICH ARE MORE PARTICULARLY DESCRIBED HEREIN
12 SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED COMMUNITY
13 DEVELOPMENT (PCD) OVERLAY; PROVIDING THAT THE ZONING MAP OF THE CITY OF
14 PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS
15 CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR
16 OTHER PURPOSES.
17 Mayor Levy opened the Public Hearing.
18 Petitioner: Ken Tuma, Urban Design Kilday Studios.
19 Staff presentation: None.
20 Public comment: None.
21 Mayor Levy closed the Public Hearing.
22 Council Member Jablin made a motion to approve Ordinance 12, 2012 on 2°a reading and
23 adoption.
24 Vice Mayor Premuroso seconded.
25 Motion passed 4-0.
26 RESOLUTION 28, 2012 IS A COMPANION ITEM TO ORDINANCE 12, 2012 AND WILL
27 REQUIRE COUNCIL ACTION
28 *RESOLUTION 28, 2012 — CENTRAL GARDENS. A RESOLUTION OF THE CITY COUNCIL
29 OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER
30 DEVELOPMENT PLAN FOR THE 41.75 -ACRE PARCEL KNOWN AS CENTRAL GARDENS
31 PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY LOCATED AT THE
32 SOUTHWEST CORNER OF HOOD ROAD AND CENTRAL BOULEVARD, AS MORE
33 PARTICULARLY DESCRIBED HEREIN, TO ALLOW A DEVELOPMENT PROGRAM
34 CONSISTING OF 57,500 SQUARE FEET OF RETAIL USE, 40,784 SQUARE FEET OF
35 OFFICE USE, AND 348 MULTI -FAMILY UNITS; PROVIDING AN EFFECTIVE DATE; AND
36 FOR OTHER PURPOSES.
37 Mayor Levy opened the Public Hearing.
38 Petitioner: Ken Tuma, Urban Design Kilday Studios.
39 Staff presentation: None.
40 Public comment: John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, FL.
41 Mayor Levy closed the Public Hearing.
42 Council Member Jablin made a motion to approve Resolution 28, 2012.
43 Vice Mayor Premuroso seconded.
44 Motion passed 4-0.
45 RESOLUTION 30, 2012 IS A COMPANION ITEM TO ORDINANCE 12, 2012 AND WILL
46 REQUIRE COUNCIL ACTION
47 RESOLUTION 30, 2012 — CENTRAL GARDENS - PARCEL 31.06/31.07 PCD REZONING. A
48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
49 FLORIDA APPROVING THE SITE PLAN FOR PARCEL A, TO BE KNOWN AS HAMPTONS
50 AT THE GARDENS, LOCATED WITHIN THE CENTRAL GARDENS PLANNED COMMUNITY
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I DEVELOPMENT (PCD), GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HOOD
2 ROAD AND CENTRAL BOULEVARD, TO ALLOW THE CONSTRUCTION OF 224 MULTI -
3 FAMILY UNITS ON AN APPROXIMATELY 22.73 -ACRE PARCEL, AS MORE PARTICULARLY
4 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS;
5 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
6 Mayor Lew opened the Public Hearing.
7 Petitioner: Ken Tuma, Urban Design Kilday Studios.
8 Staff presentation: None.
9 Public comment: None.
10 Mayor Levy closed the Public Hearing.
11 Council Member Jablin made a motion to approve Resolution 30, 2012.
12 Vice Mayor Premuroso seconded.
13 Motion passed 4-0.
14 Council Member Tinsley returned to the Dias.
15 The City Clerk read Resolution 34, 2012 by title.
16 e. RESOLUTION 34, 2012 — GARDENS SHUL. A RESOLUTION OF THE CITY COUNCIL OF
17 THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR THE
18 GARDENS SHUL DEVELOPMENT LOCATED WITHIN THE PGA NATIONAL PLANNED
19 COMMUNITY DEVELOPMENT (PCD) ALLOWING THE RENOVATION OF THE EXISTING
20 BUILDING FOR A PLACE OF ASSEMBLY USE AND OTHER SITE PLAN MODIFICATIONS;
21 THE 0.74 -ACRE PARCEL IS GENERALLY LOCATED ON THE NORTH SIDE OF FAIRVIEW
22 LANE, SOUTH OF PGA BOULEVARD, AND WEST OF THE FLORIDA TURNPIKE, AS MORE
23 PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS
24 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
25 Mayor Lew opened the Public Hearing.
26 Petitioner: Alessandria Kalfin, Cotleur and Hearing.
27 Staff presentation: None.
28 Public comment: None.
29 Mayor Lew closed the Public Hearing.
30 Council Member Jablin made a motion to approve Resolution 34, 2012.
31 Council Member Tinsley seconded.
32 Motion passed 5-0.
33 The City Clerk read Ordinance 13, 2012 by title.
34 f. ORDINANCE 13, 2012 — OsT READING) CHAPTER 86. BUILDINGS AND BUILDING
35 REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
36 GARDENS, FLORIDA AMENDING THE CODE OF ORDINANCES AT CHAPTER 86.
37 BUILDINGS AND BUILDING REGULATIONS. TO UPDATE REFERENCES TO THE FLORIDA
38 BUILDING CODE AND TO ADOPT LOCAL AMENDMENTS TO CHAPTER 1 OF THE
39 FLORIDA BUILDING CODE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
40 SUBSECTION OF CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. SHALL
41 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
42 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
43 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
44 Mayor Levy opened the Public Hearing.
45 Petitioner: None.
46 Staff presentation: Building Official, Steven Kennedy.
47 Public comment: None.
48 Mayor Levy closed the Public Hearing.
49 Council Member Jablin made a motion to approve Ordinance 13, 2012 on 1" reading.
50 Council Member Russo seconded.
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I Motion passed 5-0.
2 The City Clerk read Ordinance 15, 2012 by title.
3 g. ORDINANCE 15, 2012 — (2ND READING AND ADOPTION) WELLFIELD PROTECTION. AN
4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
5 AMENDING CHAPTER 78. LAND DEVELOPMENT. AT ARTICLE III. DEVELOPMENT
6 REVIEW PROCEDURES. BY ADOPTING AN ENTIRELY NEW DIVISION 6. TO BE ENTITLED
7 "PUBLIC WATER SUPPLY WELLFIELD PROTECTION" IN ORDER TO ESTABLISH
8 REGULATIONS FOR THE USE, HANDLING, PRODUCTION, AND STORAGE OF CERTAIN
9 DELETERIOUS SUBSTANCES IN ORDER TO PROTECT PRESENT AND FUTURE PUBLIC
10 POTABLE WATER SUPPLY WELLS AND WELLFIELDS; PROVIDING THAT EACH AND
11 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT.
12 SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
13 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
14 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
15 Mayor Levy opened the Public Hearing.
16 Petitioner: None.
17 Staff presentation: City Engineer, Todd Engle.
18 Public comment: None.
19 Mayor Levy closed the Public Hearing.
20 Council Member Jablin made a motion to approve Ordinance 15, 2012 on 2nd reading and
21 adoption.
22 Council Member Russo seconded.
23 Motion passed 5-0.
24 The City Clerk read Ordinance 16, 2012 by title.
25 h. ORDINANCE 16, 2012 — (2ND READING) LOBBYIST REGISTRATION. AN ORDINANCE OF
26 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING
27 CHAPTER 2. ADMINISTRATION. AT ARTICLE II. CITY COUNCIL. BY ADOPTING NEW
28 DIVISION 3. ENTITLED "LOBBYIST REGISTRATION" IN ORDER TO PROVIDE LOBBYIST
29 REGISTRATION PROCEDURES IN ACCORDANCE WITH THE COUNTYWIDE ETHICS
30 ORDINANCE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
31 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
32 PURPOSES.
33 Mayor Levy opened the Public Hearing.
34 Petitioner: None.
35 Staff presentation: None.
36 Public comment: None.
37 Mayor Levy closed the Public Hearing.
38 Council Member Jablin made a motion to approve Ordinance 16, 2012 on 2"d reading and
39 adoption.
40 Vice Mayor Premuroso seconded.
41 Motion passed 5-0.
42 The City Clerk read Ordinance 17, 2012 by title.
43 i. ORDINANCE 17, 2012 — (1sT READING) — BUDGET AMENDMENT. AN ORDINANCE OF
44 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE
45 CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING
46 OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, INCLUSIVE; PROVIDING A
47 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY,-
48
ODIFY;48 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
49 Mayor Levy opened the Public Hearing.
50 Petitioner: None.
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I Staff presentation: Finance Administrator, Allan Owens.
2 Public comment: None.
3 Mayor Lew closed the Public Hearing.
4 Council Member Jablin made a motion to approve Ordinance 17, 2012 on 1" reading.
5 Vice Mayor Premuroso seconded.
6 Motion passed 5-0.
7 The City Clerk read Ordinance 19, 2012 by title.
8 j. ORDINANCE 19, 2012 — (1sT READING) - MANDEL JCC/MEYER ACADEMY PLANNED
9 UNIT DEVELOPMENT (PUD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
10 PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE
11 CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1)
12 PARCEL OF REAL P ROPERTY TOTALING 13.6 ACRES IN SIZE, MORE OR LESS,
13 LOCATED ON THE NORTHEAST CORNER OF HOOD ROAD AND INTERSTATE 95, TO BE
14 KNOWN AS MANDEL JCC/MEYER ACADEMY PUD; PROVIDING THAT THIS PARCEL OF
15 REAL PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE
16 ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD)
17 OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF MIXED USE (MXD);
18 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE
19 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
20 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21 RESOLUTION 37, 2012 IS A COMPANION ITEM TO ORDINANCE 19, 2012
22 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING
23 *RESOLUTION 37, 2012 - MANDEL JCC/MEYER ACADEMY PLANNED UNIT
24 DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
25 BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AND MAJOR CONDITIONAL
26 USES FOR THE 13.6 -ACRE PARCEL OF LAND LOCATED ON THE NORTHEAST CORNER
27 OF THE INTERSECTION OF HOOD ROAD AND INTERSTATE 95, AS MORE
28 PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE MANDEL
29 JCC/MEYER ACADEMY PLANNED UNIT DEVELOPMENT (PUD), TO ALLOW THE
30 DEVELOPMENT OF A 59,724 -SQUARE -FOOT COMMUNITY CENTER WITH A 192-
31 STUDENT DAY CARE AND A 500 -STUDENT PRIVATE SCHOOL; PROVIDING WAIVERS;
32 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
33 OTHER PURPOSES.
34 Mayor Levy opened the Public Hearing.
35 Petitioner: Ryan Johnston Johnston Group Development.
36 Staff presentation: None.
37 Public comment: None.
38 Mayor Levy closed the Public Hearing.
39 Council Member Jablin made a motion to approve Ordinance 19, 2012 on 1 St reading.
40 Vice Mayor Premuroso seconded.
41 Motion passed 5-0.
42 X. RESOLUTIONS
43 The City Clerk read Resolution 36, 2012 by title.
44 a. RESOLUTION 36, 2012 - COLLECTIVE BARGAINING AGREEMENT A RESOLUTION OF
45 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
46 AND RATIFYING A COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL
47 FIREFIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.
48 EMPLOYED BY THE CITY'S FIRE RESCUE DEPARTMENT FOR FISCAL YEARS 2012-2013,
49 2013-2014, AND 2014-2015; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
50 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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I Petitioner: None.
2 Staff Presentation: Fire Chief, Peter Bergel.
3 Public Comment: None.
4 Council Member Jablin made a motion for approval of Resolution 36, 2012.
5 Council Member Russo seconded.
6 Motion passed 5-0.
7 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
8 None.
9 XII. CITY ATTORNEY REPORT
10 None.
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I XIII. ADJOURNMENT
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Council Member Jablin made a motion to adjourn.
Council Member Tinsley seconded.
Motion passed 5-0.
The meeting adjourned at 10:00 p.m.
The next regularly scheduled City Council meeting will be held June 7, 2012.
APPROVED:
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:36A_T' EST:
i7 _
-3-
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David Levy, Allyor
Robert G. Premuroso, Vice Mayor
Marcie Tinsley, CouncjImember
R. Russo, Councilmember
Eric Jablin, Councilmember
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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.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9
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FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME FIRST NAME—MI NAME •
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, Ce COMMITTEE
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MAILING RESS
THE BOARD, OOUNCIL, COMMtSSiON, AUTHORITY OR 6omMRkEE ON
�I I SERVE IS A UJ1Nrr OF:
0 COUNTY 0 OTHER LOCAL AGENCY
CI COUNTY
��� SUBDNIPM
MY POSETION t:
I � �
DATE ON W1-IICH VOTE OCCURRED
Z
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 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, 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 retaaled); 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 redevelopment 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,
mother4n4aw, son-in-law, and daughter-in-law. A `business associate' meads 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 disdose 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 fulling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the mirartes.
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 8B - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
• 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_
a 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
I,On\( Cil P,I I n S ILL LL hereby disclose that on � � � 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 loss of my business associate, ;
�[ inured to the special gain or loss of my relative, 6y( 2f1 SZ �
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 nature of my conflicting interest in the measure is as follows:
()ckc�e
Rt1 o l 1j Tn -crn 0 JV I
5-�-1'�
Date Filed
Signature
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. 12000 PAGE 2