HomeMy WebLinkAboutMinutes Council 0607121
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 7,2012
The regular meeting was called to order at 7:OO p.m. by Mayor Lew.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Russo, Council Member
Tinsley
ABSENT: Council Member Jablin
111. ADDITIONS, DELETIONS, MODIFICATIONS
1. Deletion: Resolution 43,201 2, rescheduled to a date certain of July 7,20 12.
2. Modification: Resolution 37,2012.
Council Member Russo made a motion to approve the deletion and modification.
Council Member Tinsley seconded.
Motion passed 4-0
IV. ANNOUNCEMENTS AND PRESENTATIONS
Director of Finance: Allan Owens.
a. Workers Compensation and Property Loss Updates.
V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS
Council Member Tinslev:. Attended the opening ceremony of the Summer Market Nights, the
League of Cities Luncheon, the City's Veteran's Day event on the Plaza, the LaPosata's
Veteran's Day event, the North Palm Chamber Leadership Award Banquet.
Council Member Russo: Discussed the Biotech Overly and specs of Parcel 19 in Jupiter.
Vice Mayor Premuroso: Attended the Nova University unveiling of the art, announced Jeff
Atwater, our state CFO, attended the LaPosata Veteran's Day event.
Mayor Levy: Announced resident Shirley Arkin was in today's newspaper; Kay Carnes,
Principal of St. Marks School, retired.
VI. CITY MANAGER REPORT
Announced the 1'' and 2nd reading of the budget will be in September, dates to be set; the
hurricane drill on Monday was a success; thanked the Palm Beach Gardens Police Department
for their diligence in solving a difficult case; a recent water main break at the intersection of
PGA Boulevard and Military Trail; the IAFF Union of Fire Fighters negotiations pension reform
and funds operating contract; the current negotiations of the PBA is in a 20 day wait period; the
June Wall Street Journal article; the American Society for United Security named Chief Stephen
Stepp Chief of the Year for 2010.
Sean Rowen, Vice President Business Development Board
a. Presentation by the Business Development Board.
VII. COMMENTS FROM THE PUBLIC
Kevin Easton, 85 11 40* Terrace North, Palm Beach Gardens; Iris Sheibl, 1029 Siena Oaks
Circle West, Palm Beach Gardens.
Mayor Lew announced a request to reorder the agenda and move Ordinance 20,2012 to be new
item A under Public Hearing.
Council Member Russo made a motion to approve the reorder and move Ordinance 20,2012 to
be the first Public Hearing item.
Vice Mayor Premuroso seconded.
Motion passed 4-0
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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VIII. CONSENT AGENDA
a. APPROVE MINUTES FROM MAY 3,2012 CITY COUNCIL MEETING.
CONSULTING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR GALLAGHER
BENEFIT SERVICES, INC. TO PROVIDE EMPLOYEE BENEFIT CONSULTANT
COUNTY (CONTRACT NO. RFP770); PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN ADDENDUM TO AN INDEPENDENT
CONTRACTOR AGREEMENT WITH PATRICK MUNROE FOR TENNIS PROFESSIONAL
SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE ADDENDUM;
AUTHORIZING THE CITY MANAGER TO APPROVE FUTURE ADDENDA; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
EQUIPMENT FINANCE, LLC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA APPROVING A MASTER LEASE AGREEMENT
WITH PNC EQUIPMENT FINANCE, LLC FOR ATHLETIC TURF MAINTENANCE
EQUIPMENT FROM HECTOR TURF, INC. VIA AN EXISTING CONTRACT WITH
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE, CONTRACT NO.
EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
e. RESOLUTION 45,2012 - CENTRAL GARDENS PLAT EXEMPTION. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR PARCEL
“A”, LOCATED WITHIN THE CENTRAL GARDENS PLANNED COMMUNITY
DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
ADDITIONAL SPECIAL EVENTS FOR THE STORE SELF STORAGE 8z WINE STORAGE
BUILDING LOCATED WITHIN THE DOUBLETREE PLANNED UNIT DEVELOPMENT
(PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS
OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA REMOVING THE FIRST ALTERNATE MEMBER TO THE PARKS AND
RECREATION ADVISORY BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
GOLF COURSE CONCESSIONS SERVICES. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR
FOOD AND BEVERAGE GOLF COURSE CONCESSIONS SERVICES TO K&G FOOD
SERVICES LLC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
b. RESOLUTION 35, 2012 - AWARD CONTRACT FOR EMPLOYEE BENEFITS
SERVICES TO THE CITY VIA AN EXISTING CONTRACT WITH MIAMI-DADE
C. RESOLUTION 38, 2012 - TENNIS CENTER INDEPENDENT CONTRACTOR
d. RESOLUTION 42,2012 - FOUR (4) YEAR MASTER LEASE AGREEMENT WITH PNC
0830041, AND CITY QUOTE NO. PF-EQUIP 1; AUTHORIZING THE MAYOR TO
f. RESOLUTION 47,2012 - REQUEST FOR SPECIAL EVENTS. A RESOLUTION OF THE
g. RESOLUTION 48,2012 - REMOVAL OF ALTERNATE MEMBER ERIC WORKMAN. A
h. RESOLUTION 50, 2012 - AWARDING A CONTRACT FOR FOOD AND BEVERAGE
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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i. RESOLUTION 51, 2012 - TECHNICAL SERVICE SUPPORT AGREEMENT. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING A MAINTENANCE AGREEMENT ADDENDUM WITH PHYSIO
CONTROL CORPORATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
j. RESOLUTION 53,2012 - RIGHT-OF-WAY TRANSFER AGREEMENT. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING A ROADWAY TRANSFER AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR TWO (2) PARCELS OF LAND;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT BETWEEN THE CITY OF
PALM BEACH GARDENS AND KENNEDY HOMES LLC, FOR ROADWAY
IMPROVEMENTS AND LANDSCAPE MAINTENANCE ACTIVITIES FOR CERTAIN
PARCELS OF LAND LOCATED AT THE SOUTHWEST QUADRANT OF HOOD ROAD
AND INTERSTATE 95; AUTHORIZING THE MAYOR TO EXECUTE SUCH
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT BETWEEN THE CITY OF
PALM BEACH GARDENS AND NORTH CAMPUS LAND, LLC FOR ROADWAY
IMPROVEMENTS AND LANDSCAPE MAINTENANCE ACTIVITIES FOR CERTAIN
PARCELS OF LAND LOCATED AT THE NORTHEAST QUADRANT OF HOOD ROAD
AND INTERSTATE 95; AUTHORIZING THE MAYOR TO EXECUTE SUCH
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
m. RESOLUTION 63,2012 - PROJECT GOLD. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOMMENDING “PROJECT
GOLD” BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT
TO SECTION 288.106, FLORIDA STATUTES; PROVIDING CONDITIONS OF APPROVAL
FOR THE FUNDING OF THE GRANTS; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.URPOSES.
Council Member Tinslev requested pulling item “E” from the consent agenda.
Vice Mayor Premuroso made a motion for approval of the Consent Agenda without item “E”.
Council Member Russo seconded.
Motion passed 4-0.
Council Member Tinsley stepped away from the Dias and filled out form 8B.
e. RESOLUTION 45,2012 - CENTRAL GARDENS PLAT EXEMPTION. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR PARCEL
“A”, LOCATED WITHIN THE CENTRAL GARDENS PLANNED COMMUNITY
DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Vice Mayor Premuroso made a motion to approve Resolution 45,20 12.
Council Member Russo seconded
Motion passed 3-0.
Council Member Tinsley returned to the Dias.
k. RESOLUTION 54, 2012 - MAINTENANCE AND ROADWAY IMPROVEMENT
1. RESOLUTION 56, 2012 - MAINTENANCE AND ROADWAY IMPROVEMENT
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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IX.
Those preparing to give testimony were sworn in.
The City Clerk read Ordinance 20,2012 by title.
6, 2012 TO APPROVE PROPOSED AMENDMENTS TO THE CITY CHARTER. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA ADOPTED IN ACCORDANCE WITH SECTIONS 10 1.161 AND 166.03 1,
FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON NOVEMBER 6,
2012, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER
BE REPEALED IN ITS ENTIRETY; PROPOSING THE ENACTMENT OF A NEW CITY
CHARTER; PROVIDING FOR CONTINUATION OF FORM OF GOVERNMENT;
PROVIDING FOR CITY BOUNDARIES; PROVIDING FOR MUNICIPAL AUTHORITY;
PROVIDING FOR THE CITY COUNCIL AS THE LEGISLATIVE AND GOVERNING
BODY; PROVIDING FOR CITY ELECTIONS; PROVIDING FOR OFFICERS AND
EMPLOYEES; PROVIDING FOR GENERAL AND TRANSITIONAL PROVISIONS;
PROVIDING FOR EFFECT ON EXISTING LAWS; PROVIDING FOR SUBMISSION OF
THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; SETTING
FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION;
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: R. Max Lohman, Citv Attorney.
Public comment: Kevin Easton, 85 1 1 40* Terrace North, Palm Beach Gardens; Carol Estrada,
309 Riverside Drive, Palm Beach Gardens; John ChaDlik, 715 Hudson Bay Drive, Palm Beach
Gardens; Me1 Grossman, 161 Thornton Drive, Palm Beach Gardens; Mep Shannon, 1111
Orinoco Way, Palm Beach Gardens; Pat Hughey, 9210 Reed Drive, Palm Beach Gardens; Iris
Scheibl, 1029 Siena Oaks Circle West, Palm Beach Gardens; Lvnne Sherrer, 704 St. Giles Ct.,
Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens.
Mayor Lev closed the Public Hearing.
Vice Mayor made a motion to approve Ordinance 20, 2012 on IS* Reading, with changes as
discussed at tonight's meeting.
Council Member Russo seconded.
Motion passed 4-0.
The City Clerk read Resolution 43,2012 by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT FOR THE DOWNTOWN
AT THE GARDENS DEVELOPMENT TO ALLOW AN ADDITIONAL DIRECTIONAL
SIGN ADJACENT TO VICTORIA FALLS BOULEVARD; DOWNTOWN AT THE
GARDENS IS LOCATED NORTH OF KYOTO GARDENS DRIVE, EAST OF ALTERNATE
AlA, SOUTH OF GARDENS PARKWAY, AND WEST OF THE LANDMARK AND
GARDENS POINTE DEVELOPMENTS, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Council Member Russo made a motion for approval of postponement of Resolution 43,2012 to
a date certain of July 12,20 12.
Council Member Tinsley seconded.
Motion passed 4-0.
PUBLIC HEARINGS: ("Designates Quasi-Judicial Hearing)
a. ORDINANCE 20,2012 - (is* READING) REFERENDUM ELECTION ON NOVEMBER
b. *RESOLUTION 43,2012 - DOWNTOWN AT THE GARDENS NEW GATEWAY SIGN.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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The City Clerk read Ordinance 8,2012 by title.
c. ORDINANCE 8, 2012 - (2nd READING AND ADOPTION) CONDITIONS OF
APPROVAL RELATED TO MAINTENANCE OF THE ROADWAYS AND MEDIANS
ADJACENT TO THE BANYAN TREE PLANNED UNIT DEVELOPMENT. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD),
LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF NORTHLAKE
BOULEVARD AND MACARTHUR BOULEVARD; AMENDING ORDINANCE 1 1, 2003
AND ORDINANCE 17, 2003 IN ORDER TO TRANSFER CONDITIONS OF APPROVAL
TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE
CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY RESOLUTION OF
THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
RESOLUTION 25,2012 IS A COMPANION ITEM TO
ORDINANCE 8,2012 AND WILL REQUIRE COUNCIL ACTION.
ADJACENT TO THE BANYAN TREE PLANNED UNIT DEVELOPMENT. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA REPEALING RESOLUTION 75,2004 AND RESOLUTION 86,2006, ADOPTING
AND ELIMINATING CERTAIN CONDITIONS OF APPROVAL FOR THE BANYAN TREE
PUD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levv opened the Public Hearing.
Petitioner: None.
Staff Presentation: None.
Public Comment: None.
Mayor Lev closed the Public Hearing.
Vice Mayor Premuroso made a motion for approval of Ordinance 8, 2012 on 2"d reading and
adoption.
Council Member Russo seconded.
Motion passed 4-0.
Vice Mayor Premuroso made a motion for approval of Resolution 25,2012.
Council Member Russo seconded.
Motion passed 4-0.
The City Clerk read Ordinance 9,2012 by title.
d. *ORDINANCE 9,2012 - (2nd READING AND ADOPTION) REZONE NINE (9) CANAL
PARCELS WITHIN THE LOXAHATCHEE SLOUGH NATURAL AREA. AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE
WAY PARCELS OF REAL PROPERTY TOTALING 198.9 ACRES IN SIZE, MORE OR
LESS, LOCATED WITHIN THE LOXAHATCHEE SLOUGH NATURAL AREA AND
GENERALLY LOCATED WEST OF THE FLORIDA TURNPIKE AND NORTH OF PGA
BOULEVARD; PROVIDING THAT THESE PARCELS OF REAL PROPERTY WHICH ARE
MORE PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY
ZONING DESIGNATION OF CONSERVATION (CONS); PROVIDING THAT THE
ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
RESOLUTION 25, 2012 - MAINTENANCE OF THE ROADWAYS AND MEDIANS
CITY OF PALM BEACH GARDENS, CONSISTING OF NINE (9) C-18 CANAL RIGHT-OF-
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
06-07-12
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ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Lev opened the Public Hearing.
Petitioner: None.
Staff Presentation: None
Public Comment: None
Mayor Levy closed the Public Hearing.
Vice Mavor Premuroso made a motion for approval of Ordinance 9, 2012 on 2"d reading and
adoption.
Council Member Tinslev seconded.
Motion passed 4-0.
The City Clerk read Ordinance 10,2012 by title.
e. ORDINANCE 10,2012 - (2ND READING AND ADOPTION) LARGE SCALE FUTURE
LAND USE MAP (FLUM) AMENDMENT FOR TWO (2) PARCELS OF LAND
COMPRISING 10.4 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE
MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY
SECTION 163.3 184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO.
FUTURE LAND USE MAP DESIGNATING TWO (2) PARCELS OF REAL PROPERTY
COMPRISING APPROXIMATELY 10.4 ACRES, MORE OR LESS, IN SIZE AS "(RM)
RESIDENTIAL MEDIUM'; SUCH PARCELS BEING LOCATED GENERALLY AT THE
SOUTHWEST CORNER OF HOOD ROAD AND INTERSTATE 95; PROVIDING FOR
COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES;
PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
Mayor Lev opened the Public Hearing.
Petitioner: None.
Staff Presentation: None.
Public Comment: None.
Mavor Levv closed the Public Hearing.
Vice Mavor Premuroso made a motion for approval of Ordinance 10, 2012 on 2"d reading and
adoption.
Council Member Tinsley seconded.
Motion passed 4-0.
The City Clerk read Ordinance 11,2012 by title.
TOWNHOMES PLANNED UNIT DEVELOPMENT (PUD). 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 TWO (2) PARCELS OF REAL PROPERTY
TOTALING 10.42 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE SOUTHWEST
CORNER OF HOOD ROAD AND INTERSTATE 95, TO BE KNOWN AS THE HOOD
ROAD TOWNHOMES PUD; PROVIDING THAT THESE PARCELS OF REAL PROPERTY
PALM BEACH GARDENS, FLORIDA ADOPTING A LARGE-SCALE AMENDMENT TO
CPMA-11-09-000014, WHICH PROVIDES FOR AN AMENDMENT TO THE CITY'S
f. *ORDINANCE 11, 2012 7 (2ND READING AND ADOPTION) HOOD ROAD
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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WHICH ARE MORE PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE
CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY
WITH AN UNDERLYING ZONING DESIGNATION OF RESIDENTIAL MEDIUM (RM);
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.
RESOLUTION 27,2012 IS A COMPANION ITEM TO
ORDINANCE 11,2012 AND WILL REQUIRE COUNCIL ACTION.
DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE HOOD ROAD TOWNHOMES
PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO ALLOW THE
CONSTRUCTION OF 75 TOWNHOMES; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Levy opened the Public Hearing.
Petitioner : None.
Staff Presentation: None.
Public Comment: None.
Mayor Lev closed the Public Hearing.
Vice Mayor Premuroso made a motion for approval of Ordinance 11, 2012 on 2nd reading and
adoption.
Council Member Russo seconded.
Motion passed 4-0.
Vice Mayor Premuroso made a motion for approval of Resolution 27,2012.
Council Member Russo seconded.
Motion passed 4-0.
The City Clerk read Ordinance 13,2012 by title.
AND BUILDING REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CODE OF
ORDINANCES AT CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. TO
UPDATE REFERENCES TO THE FLORIDA BUILDING CODE AND TO ADOPT LOCAL
AMENDMENTS TO CHAPTER 1 OF THE FLORIDA BUILDING CODE; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 86.
BUILDINGS AND BUILDING REGULATIONS. 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.
Petitioner: None.
Staff Presentation: None.
Public Comment: None.
Mayor Lev closed the Public Hearing.
Vice Mayor Premuroso made a motion for approval of Ordinance 13,2012 on 2nd reading and
adoption.
Council Member Tinslev seconded.
*RESOLUTION 27, 2012 - HOOD ROAD TOWNHOMES PLANNED UNIT
g. ORDINANCE 13,2012 - (2ND READING AND ADOPTION) CHAPTER 86. BUILDINGS
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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Motion passed 4-0.
The City Clerk read Ordinance 14,2012 by title.
h. ORDINANCE 14, 2012 - (2"d READING AND ADOPTION) COMPREHENSIVE PLAN
TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES
SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION
163.3 184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPMA-12-
02-000021, WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE
ELEMENT, TRANSPORTATION ELEMENT, AND PUBLIC SAFETY ELEMENT, TO
PROVIDE MINOR UPDATES TO CERTAIN TABULAR DATA, NOMENCLATURE, AND
OTHER AMENDMENTS WHICH REVISE, CLARIFY, AND PROVIDE FOR INTERNAL
CONSISTENCY; PROVIDING COMPLIANCE WITH ALL REQUIREMENTS OF
CHAPTER 163, FLORIDA STATUTES; PROVIDING TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levv opened the Public Hearing.
Petitioner: None.
Staff Presentation: None.
Public Comment: None.
Mayor Lev closed the Public Hearing.
Vice Mayor Premuroso made a motion for approval of Ordinance 14,2012 on 2"d reading and
adoption.
Council Member Tinsley seconded.
Motion passed 4-0.
The City Clerk read Ordinance 17,201 2 by title.
i. ORDINANCE 17,2012 - (2ND READING AND ADOPTION) - BUDGET AMENDMENT.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012,
INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Levv opened the Public Hearing.
Petitioner: None.
Staff Presentation: None.
Public Comment: None.
Mayor Levv closed the Public Hearing.
Vice Mayor Premuroso made a motion for approval of Ordinance 17,201 2 on 2"d reading and
adoption.
Council Member Tinslev seconded.
Motion passed 4-0.
The City Clerk read Ordinance 18,2012 by title.
j. ORDINANCE 18, 2012 - (1ST READING) - CITY INITIATED REQUEST FOR
ADOPTION OF AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENTS (CIE).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177
AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY INITIATED
CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS
ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA
IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND
DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE
THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT;
PROVIDING TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levv opened the Public Hearing.
Petitioner : None.
Staff Presentation: None.
Public Comment: None.
Mayor Levv closed the Public Hearing.
Vice Mayor Premuroso made a motion for approval of Ordinance 18,201 2 on 1 st reading.
Council Member Russo seconded.
Motion passed 4-0.
The City Clerk read Ordinance 19,2012 by title.
ACADEMY PLANNED UNIT DEVELOPMENT (PUD). 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 13.6
ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTHEAST CORNER OF HOOD
ROAD AND INTERSTATE 95, TO BE KNOWN AS MANDEL JCC/MEYER ACADEMY
PUD; 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 MIXED USE (MXD); 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.
RESOLUTION 37,2012 IS A COMPANION ITEM TO
ORDINANCE 19,2012 AND WILL REQUIRE COUNCIL ACTION.
DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AND MAJOR
NORTHEAST CORNER OF THE INTERSECTION OF HOOD ROAD AND INTERSTATE
95, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE
MANDEL JCCMEYER ACADEMY PLANNED UNIT DEVELOPMENT (PUD), TO
AMENDMENT WHICH PROVIDES THE ANNUAL UPDATE TO THE FIVE-YEAR
k. *ORDINANCE 19,2012 - (2ND READING AND ADOPTION) - MANDEL JCC/MEYER
*RESOLUTION 37, 2012 - MANDEL JCCMEYER ACADEMY PLANNED UNIT
CONDITIONAL USES FOR THE 13.6-ACRE PARCEL OF LAND LOCATED ON THE
ALLOW THE DEVELOPMENT OF A 59,724-SQUARE-FOOT COMMUNITY CENTER
WITH A 192-STUDENT DAY CARE AND A 500-STUDENT PRIVATE SCHOOL;
PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levv opened the Public Hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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Petitioner: None.
Staff Presentation: None.
Public Comment: None.
Mavor Levv closed the Public Hearing.
Vice Mavor Premuroso made a motion for approval of Ordinance 19,2012 on 2nd reading and
adoption.
Council Member Tinslev seconded.
Motion passed 4-0.
Vice Mayor Premuroso made a motion for approval of Resolution 37,2012.
Council Member Russo seconded.
Motion passed 4-0.
The City Clerk read Ordinance 21,2012 by title.
1. ORDINANCE 21, 2012 (lst READING) AD VALOREM TAX EXEMPTION. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA ADOPTED IN ACCORDANCE WITH SECTION 196.1995, FLORIDA STATUTES,
CALLING FOR A REFERENDUM TO BE HELD ON NOVEMBER 6,2012, PROPOSING
TO THE ELECTORATE OF THE CITY THAT THE CITY COUNCIL BE AUTHORIZED TO
GRANT PROPERTY TAX EXEMPTION TO CERTAIN QUALIFIED BUSINESSES
PURSUANT TO SEC. 3, ARTICLE VI1 OF THE STATE CONSTITUTION; PROVIDING
FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF
THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT
SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Levv opened the Public Hearing.
Petitioner: None.
Staff Presentation: None.
Public Comment: None.
Mavor Lev closed the Public Hearing.
Vice Mayor Premuroso made a motion for approval of Ordinance 2 1,20 12 on 1 st reading.
Council Member Russo seconded.
Motion passed 4-0.
X. RESOLUTIONS
The City Clerk read Resolution 32,2012 by title.
a. RESOLUTION 32, 2012 - RE-ESTABLISHING THE BUDGET OVERSIGHT
COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND
MEETINGS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Council Member Russo made a motion for approval of Resolution 32,2012.
Council Member Tinslev seconded.
Motion passed 4-0.
The City Clerk read Resolution 41,2012 by title.
RESURFACING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR ASPHALT
MILLING AND RESURFACING SERVICES WITH RANGER CONSTRUCTION
INDUSTRIES, INC. VIA AN EXISTING CONTRACT WITH THE PALM BEACH COUNTY
BEACH GARDENS, FLORIDA RE-ESTABLISHING THE BUDGET OVERSIGHT
b. RESOLUTION 41, 2012 - CONTRACT AWARD FOR ASPHALT MILLING AND
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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BOARD OF COUNTY COMMISSIONERS (NO. R-2010-1217) IN AN AMOUNT NOT TO
EXCEED $224,300.00; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Vice Mayor Premuroso made a motion for approval of Resolution 4 1,201 2.
Council Member Russo seconded.
Motion passed 4-0.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 1. Selection of September and
October meeting dates: September 13' and 20th and changing the October meeting date to
October 11,2012.
Vice Mayor Premuroso made a motion for approval of the September and October meeting
dates.
Council Member Tinsley seconded.
Motion passed 4-0
XII. CITY ATTORNEY REPORT
None.
(The remainder of this page intentionally left blank.)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-07-12
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XIII. ADJOURNMENT
Vice Mayor Presmuroso made a motion to adjourn.
Council Member Tinsley seconded.
Motion passed 4-0.
The meeting adjourned at 10:14 p.m.
The next regularly scheduled City Council meeting will be held July 12,2012.
APPROVED:
n
David Lev Mayor 2
Eric )a€&, Co>i%ber;
Marcie Tinsley, Councilmember
'40 TJ%atricia Snider, CMC
41 City Clerk
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Note: These minutes are prepared in compliance with 286.01 1 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
06-07-12
PAGE 12
City of Palm Beach Gardens
Office of the City Clerk
Letter of Transmittal
DATE:
TO:
June 8.2012
Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, F'L 3341 1
Re: Form 8B
&or Your Records
0 As Requested
0 For Review and Signature
0 For Recording
0 Returned for Corrections
0 Other:
Patricia Snider, CMC, City Clerk
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
\ lE-rnT4y2E fiWdl05ThGI NAME-MI- MME OF MISSION, AUTKRllY, OR a3MM dcxvae
WHO MUST FILE FORM 88
This form is for use by any person senring at the caunty, city, or other locd level of govemment on an appointed or elected board, council,
commission, authority, or committee. It applies quafly to members of advkory and ROrradYiSOcy bodies who are presented with a voting
conflict of interest under Section 112.3143. FIarida Statutes.
Your responsibilities under the law when faced with voting on a measure m which you have a conflict of interest will vary greatly depending
on whether you hold an dedive or appointive posilion. For this reason, please pay dose attwrtion to the insbvctons on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTlON 1123143, FLORIDA STATUTES
A person holding elective or appointive county, IIIIlIljdpd, or other local public oflice MUST ABSTAIN from voting on a measure which
inures to his or her specid private g& or loss. tach elededorappointed locd dlicer also is prohibieedfrom knawinglyvoiing on a mea-
sure which inures to the special or loss of a - (alher Ihan 8 government agency) by whom he or she is retained (induding the
parent organization or subsidiary of a corporata PrinCipGlr by which he arshe is rebind); toolhe spadal private gdn or loss of a relative; or
to the special private gain or loss of a business asodate. CoMnisaioners of commmly ndevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax cklrick ekcted on a oneaxe, cme-vute bask ere not prohibited from voting in that
capacity.
For purposes of this law, a 'relative' indudes ody the afker's falher, mother, son, daughkr, husband, wife, brother, Sistw, father-in-law,
mother-in-law, son-in-law, and daughter-in-law~ A Wness assocWeD mems any perron a entity engaged in or carrying on a business
enterprise with the Mcer as a m, joint venturer, cooer d pmperly, ar capaate shareholder (where the shares of the corporation
are not listed on my national or regid stock exchange).
* * * * t t t t t t t
ELECTED OFFICERS:
In addition to abstaining from voting in the situations descded above, yar must dsdose the conftid:
PRIOR TO THE VOTE BEING TAKEN by pubcclv stating to the assemMy the nahrre of ywr interest in the measure on which you
are abstaining from voting; md
WITHIN 15 DAYS AFTER THE VOTE OCCURS by annpMng and faEng Uis fomr with the person responsible for recording the min-
Utes of the meeting, who should incorporate thefwminlheminutes-
t t t * * t t t t t t t t t
APPOINTED OFFICERS:
Although you must abstain from voting in the situdifms described above, you dhrwise may participate in these matters. However, you
must disclose the nature of the conflict before making my attempt to influence the deckion, whether oraUy or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DK=ISION PRIOR TO THE MEETlNG AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to intluence the decision) with the person responsible for recording the
minutes of the meeting, who will mwrporate the h in Ihe minutes. (Continued on other side f
CE FORM 88 - EFF. lrzo00 PAGE 1
1 APPOINTED OFFICERS (&nu&) ' .I AcoWdthefom,murtbepmvidedi~totheoehermemberrofthe~.
The form must be read pubtidy at the next meeting after the fmn isfiled.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nabre atyourconflidin the measure beIwepariidpaling.
You mustcompletethefonnandfileIwithin15daysadtarthevotaaccurswiththepersan~ for recoding the minutes ofthe
meeting, who must incorporate the form in the mi~utetx A copy of the fom, must be provided immadetely to the other members of the
agency, and the form must be read plrMiclvatabthe next meeting after the form is-
DISCLOSURE OF LOCAL OFHCER'S "EREST
Ktl I, 1 h-L 3 ,20 L;r: -
,herebydisdoseihaton
(a) A measure came or will come before my agency which (dreck one)
- inured to my special private gain or loss;
inured to the special gain or loss of my business assodab 2 inured to the special gain or loss of my relative. I? 1 wnd
- inured to the special gain or loss of
whom I am retained; or
- inured to the special gain or loss of
is the parent organization or subsidiary da princpalwhich has reWned me.
I by
I
, which
(b) The measure before my agency and the nature of my amlkthg irterescm the measwe is as fdlaws:
g.&lJrr"av\ w, do la\ '
Date Filed
NOTICE: UNDER PROVISIONS OF FLORHlA STATUTES 5112-317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNlSHED 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 86 - EFF. lRo00 PAGE 2