HomeMy WebLinkAboutMinutes Council 071212I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 July 12, 2012
5
6 The regular meeting was called to order at 7:00 p.m. by Vice Mayor Premuroso.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Levy (arrived at 7:40 p.m.), Vice Mayor Premuroso, Council Member
10 Russo, Council Member Jablin, Council Member Tinsley
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 a. Addition to Consent Agenda - Resolution 73, 2012.
14 b. Addition to Items for Council Action/Discussion - City Manager Review.
15 Council Member Russo made a motion to approve the additions.
16 Council Member Jablin seconded.
17 Motion passed 4 -0.
18 IV. ANNOUNCEMENTS AND PRESENTATIONS
19 Councilmember Jablin: Announced the passing of Bob Friedman and Cal Swartz.
20 Councilmember Russo: gave condolences.
21 Councilmember Tinsley: gave condolences.
22 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
23 Council Member Tinsley:. Attended the Chamber of Commerce Breakfast; will attend the
24 legislative update in Jupiter next week; encouraged everyone to attend Summer Market Nights.
25 Council Member Russo: Attended the Economic Development meeting of North County and
26 discussed Project Gold and the Tax Abatement for new businesses.
27 Council Member Jablin: Attended the re- dedication of the statue of John D. McArthur today
28 located at City Hall.
29 Vice Mayor Premuroso: Thanked staff for their help with this year's Father's Day Baseball
30 Tournaments.
31 VI. CITY MANAGER REPORT
32 Announced the renovations to Gardens Park soccer facilities and parking; the Sanitation and the
33 Fleet Division 2012 Automotive Service Excellence Blue Seal Award, the Palm Beach Daily
34 News article, July 5, 2012, regarding Palm Beach Gardens Mall Parking; Governor Rick Scott's
35 letter to Mayor Levy recognizing the City of Palm Beach Gardens' increase of advertisement for
36 open positions; North County Regional Intelligence Meeting in the EOCC; congratulations to
37 Explorer Post 704.
38 Recognition of the Palm Beach Gardens Police Explorers, Chief Stephen Stepp.
39 VII. COMMENTS FROM THE PUBLIC
40 Lauren Miller, 12181 Aviles Circle, Palm Beach Gardens; Kevin Easton, 8511 40'h Terrace
41 North, Palm Beach Gardens.
42 Kevin Easton made a request to reorder the agenda, making item j. Ordinance 20, 2012 the first
43 item under Public Hearings.
44 Vice Mayor Premuroso announced Mayor Levy's arrival.
45 Councilmember Jablin made a motion to approve the request.
46 Vice Mayor Premuroso seconded.
47 Motion passed 5 -0.
48 VIII. CONSENT AGENDA
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a. APPROVE MINUTES FROM JUNE 7, 2012 CITY COUNCIL MEETING.
c. RESOLUTION 55, 2012 - PALM BEACH GARDENS ELEMENTARY SCHOOL PLAT. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING THE PALM BEACH GARDENS ELEMENTARY SCHOOL PLAT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
d. RESOLUTION 68, 2012 - CONFIDENTIALITY DESIGNATIONS FOR ECONOMIC
DEVELOPMENT INITIATIVES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA DESIGNATING THE CITY MANAGER, THE
DEPUTY CITY MANAGER, THE CITY'S DIRECTOR OF PLANNING AND ZONING, THE
FINANCE ADMINISTRATOR, THE DEPUTY FINANCE ADMINISTRATOR, A
RESOURCE MANAGER, AND THE ASSISTANT TO THE CITY MANAGER AS THE
OFFICIAL REPRESENTATIVES OF THE CITY OF PALM BEACH GARDENS
AUTHORIZED TO RECEIVE AND DISTRIBUTE CONFIDENTIAL INFORMATION
PURSUANT TO SECTION 288.075, FLORIDA STATUTES, RELATING TO PLANS,
INTENTIONS, OR INTERESTS OF A PRIVATE CORPORATION, PARTNERSHIP, OR
PERSON TO LOCATE, RELOCATE, OR EXPAND ANY OF ITS BUSINESS ACTIVITIES
IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
e. RESOLUTION 70, 2012 - AMEND A CONDITION OF APPROVAL FOR TREVI AT THE
GARDENS PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A MODIFICATION TO A CONDITION OF
APPROVAL WITHIN THE DEVELOPMENT ORDER FOR TREVI AT THE GARDENS
PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING A REVISED CONDITION OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
f. RESOLUTION 71, 2012 - AGREEMENT WITH BOUND TREE MEDICAL, LLC. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING AN AGREEMENT WITH BOUND TREE MEDICAL, LLC FOR
EMERGENCY MEDICAL SERVICES SUPPLIES AND EQUIPMENT; AUTHORIZING THE
MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
g. RESOLUTION 72, 2012 - VETERANS PLAZA OUTDOOR PERFORMANCE VENUE
PROJECT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AUTHORIZING THE EXPENDITURE OF ART IMPACT FUNDS
FOR THREE (3) ARTISTS TO CREATE CONCEPTUAL DESIGN PROPOSALS FOR AN
ARTISTIC SHADE SYSTEM AT THE VETERANS PLAZA OUTDOOR PERFORMANCE
VENUE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
h. PROCLAMATION — PARKS AND RECREATION MONTH.
i. RESOLUTION 73, 2012 — ALLOCATION OF THE $12.50 FUNDS. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
STRONGLY SUPPORTING THE COUNTY'S CONTINUED ALLOCATION OF THE $12.50
FUNDS TO THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION NO. R -2002-
0192, WHICH SERVES TO ENHANCE THE COUNTY'S INTERGOVERNMENTAL
COMMUNICATIONS PLAN; AND STRONLY SUPPORTING THE COUNTY'S
DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL
MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY
INTEROPERABLE WITH THE COUNTY'S RADIO SYSTEM WITHOUT ARBITRARY
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DISTINCTIONS BEING MADE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Councilmember Tinsley requested that item b. Resolution 52, 2012 be removed from the
consent agenda and voted on separately.
Councilmember Jablin made a motion to approve the consent agenda, excluding item b.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
Councilmember Tinsley reclused herself from voting on item b., Resolution 52, 2012, left the
Dias and filled out Form 8B.
The City Clerk read Resolution 52, 2012 by title.
b. RESOLUTION 52, 2012 — BID AWARD FOR THE EMERGENCY FOOD CATERING
SERVICE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AWARDING A CONTRACT TO DRC EMERGENCY SERVICES,
INC., BASED ON PROPOSALS RECEIVED FOR EMERGENCY FOOD CATERING
SERVICES, REQUEST FOR PROPOSAL NO. RFP2012- 002FR; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES
Councilmember Jablin made a motion to approve item b., Resolution 52, 2012, on the consent
agenda.
Vice Mayor Premuroso seconded.
Motion passed 4 -0.
Council Member Tinsley returned to the Dias.
IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing)
Those preparing to give testimony were sworn in.
The City Clerk read Ordinance 20, 2012 by title.
a. ORDINANCE 20, 2012 — (2ND READING AND ADOPTION) REFERENDUM
ELECTION ON NOVEMBER 6, 2012. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA ADOPTED IN ACCORDANCE WITH
SECTIONS 10 1. 161 AND 166.031, FLORIDA STATUTES, CALLING FOR A REFERENDUM
TO BE HELD ON NOVEMBER 6, 2012, PROPOSING TO THE ELECTORATE OF THE
CITY THAT ALL PORTIONS OF THE CITY CHARTER BE AMENDED, EXCEPT THAT
PART THEREOF DESCRIBING THE BOUNDARIES OF THE CITY; PROVIDING FOR
CONTINUATION OF THE 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 THAT THESE AMENDMENTS SHALL BE SUBMITTED
TO THE ELECTORS OF THE CITY IN THE FORM OF TWO PROPOSITIONS ON THE
REFERENDUM BALLOT; FIRST PROPOSITION BEING, SHALL THE FULL AND
COMPLETE AMENDMENTS TO THE CURRENT CITY CHARTER AS SET FORTH IN
SECTION 1 OF THIS ORDINANCE BE ADOPTED; SECOND PROPOSITION BEING,
SHALL THE METHOD OF ELECTION OF CITY COUNCILMEMBERS BE CHANGED
FROM REQUIRING A MAJORITY VOTE TO REQUIRING A PLURALITY VOTE IN
ORDER TO BE ELECTED; THAT IN THE EVENT THE FIRST PROPOSITION SHALL
NOT BE ADOPTED BY THE ELECTORS, THE CURRENT CITY CHARTER SHALL
REMAIN IN FULL FORCE AND EFFECT; THAT IN THE EVENT PROPOSITION TWO
SHALL BE ADOPTED BY THE ELECTORS, THEN AND IN THAT EVENT,
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PROPOSITION ONE IF ADOPTED BY THE ELECTORS SHALL BE AMENDED
ACCORDINGLY IN ACCORDANCE WITH THE ADOPTED PROPOSITION; AND, IF
PROPOSITION ONE SHALL NOT BE ADOPTED, AND PROPOSITION TWO SHALL BE
SO ADOPTED, THEN THE CURRENT CITY CHARTER SHALL BE SO AMENDED
ACCORDINGLY; SETTING FORTH THE FORM OF THE QUESTIONS 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 Levy opened the Public Hearing.
Public comment: Tracie Waight, 8344 Sunset Drive, Palm Beach Gardens; Mark Marciano,
10 Sheldrake Lane, Palm Beach Gardens; Fred Scheibl, 1029 Siena Oaks Circle West, Palm
Beach Gardens; Iris Scheib], 1029 Siena Oaks Circle West, Palm Beach Gardens; Lauren
Miller, 12181 Aviles Circle, Palm Beach Gardens; Sally Schmiedl, 36 Admirals Court, Palm
Beach Gardens; Kevin Easton, 8511 401h Terrace North, Palm Beach Gardens; Larry Casey,
11070 Oakway Circle, Palm Beach Gardens; Terence Brady, 4409 Lacey Oak Drive, Palm
Beach Gardens; Melwin Grossman, 161 Thornton Drive, Palm Beach Gardens; Fransisco
Rodriguez, 4701 Artesa Way East, Palm Beach Gardens.
Mayor Levy closed the Public Hearing.
Council Member Jablin made a motion to approve Ordinance 20, 2012 on 2nd reading and
adoption, without Proposition 2.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
The City Clerk read Ordinance 18, 2012 by title.
b. ORDINANCE 18, 2012 — (2ND READING AND ADOPTION) - 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 PLAN IN ACCORDANCE WITH THE
MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA
STATUTES, PURSUANT TO A CITY - INITIATED AMENDMENT WHICH PROVIDES
THE ANNUAL UPDATE TO THE FIVE -YEAR 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 Levy opened the Public Hearing.
Public Comment: None.
Mayor Levy closed the Public Hearing.
Council Member Jablin made a motion to approve Ordinance 18, 2012 on 2nd reading and
adoption.
Vice Mayor Premuroso seconded.
Motion passed 4 -1 with Councilmember Russo voting nay.
The City Clerk read Ordinance 22, 2012 by title
c. ORDINANCE 22, 2012 — (1ST READING) BUSINESS TAX LAW CHANGES. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
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I FLORIDA AMENDING CHAPTER 66. TAXATION. AT ARTICLE II. BUSINESS TAX AND
2 REGISTRATION. BY CREATING AN ENTIRELY NEW SECTION 66 -65 TO PROVIDE A
3 NEW STATUTORILY MANDATED EXEMPTION FOR REAL ESTATE BROKER
4 ASSOCIATES AND SALES ASSOCIATES; BY RE- NUMBERING THE EXISTING
5 SECTION 66 -65 AND ALL FOLLOWING SECTIONS IN THIS ARTICLE ACCORDINGLY;
6 AND BY AMENDING THE EXISTING FEE SCHEDULE TO CONFORM WITH THE NEW
7 EXEMPTION AND ELIMINATE THE BUSINESS TAX FOR INDIVIDUAL REAL ESTATE
8 SALES AGENTS AND BROKERS; PROVIDING THAT EACH AND EVERY OTHER
9 SECTION AND SUBSECTION OF CHAPTER 66. TAXATION. SHALL REMAIN THE
10 SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
11 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
12 DATE; AND FOR OTHER PURPOSES.
13 Mayor Lew opened the Public Hearing.
14 Staff Presentation: Business Services Coordinator, Kenthia White
15 Public Comment: Fred Angelo, 2328 S. Congress Avenue, West Palm Beach; Iris Scheibl,
16 1029 Siena Oaks Circle West, Palm Beach Gardens.
17 Mayor Levy closed the Public Hearing.
18 Council Member Jablin made a motion to approve Ordinance 22, 2012 on 1st reading.
19 Vice Mayor Premuroso seconded.
20 Motion passed 5 -0.
21 The City Clerk read Ordinance 23, 2012 by title
22 d. ORDINANCE 23, 2012 — (1ST READING) FIRE PENSION. AN ORDINANCE OF THE
23 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING
24 CHAPTER 38. FIRE PREVENTION AND PROTECTION. OF THE CODE OF
25 ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE II.
26 FIREFIGHTERS' PENSION FUND. IN ORDER TO IMPLEMENT PROVISIONS OF THE
27 2012 -2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PALM
28 BEACH GARDENS AND THE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF
29 PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.; AMENDING SECTION 38 -51.
30 DEFINITIONS. BY REVISING THE DEFINITION OF "SALARY "; AMENDING SECTION
31 38 -55. CONTRIBUTIONS. PROVIDING FOR AN INCREASE IN MEMBER
32 CONTRIBUTIONS AND PROVIDING FOR A DECREASE IN MEMBER
33 CONTRIBUTIONS TO BE FUNDED BY EXCESS PREMIUM TAX REVENUES;
34 AMENDING SECTION 38 -56. BENEFIT AMOUNTS AND ELIGIBILITY. REVISING THE
35 NORMAL RETIREMENT BENEFIT AND REVISING THE COST OF LIVING
36 ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
37 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
38 PURPOSES.
39 Mayor Levy opened the Public Hearing.
40 Staff Presentation: Finance Administrator, Allan Owens.
41 Public Comment: Fred Angelo, 2328 S. Congress Ave., #2 -C, West Palm Beach; Bob
42 Sugarman, 100 Miracle Mile Suite 300, Miami; Michael Zingaro, 925 Sunset Road, West
43 Palm Beach.
44 Mayor Levy closed the Public Hearing.
45 Council Member Jablin made a motion to approve Ordinance 23, 2012 on 1 st reading.
46 Vice Mayor Premuroso seconded.
47 Motion passed 5 -0.
48 The City Clerk read Resolution 43, 2012 by title
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e. *RESOLUTION 43, 2012 — MASTER SIGNAGE PLAN FOR A NEW GATEWAY SIGN. 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
AIA, 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.
Mayor Levy opened the Public Hearing.
Petitioner: Donaldson Hearing, Cotleur and Hearing.
Staff Presentation: None.
Public Comment: Carolyn Chaph , 715 Hudson Bay Drive, Palm Beach Gardens.
Mayor Levy closed the Public Hearing.
Vice Mayor Premuroso made a motion to approve Resolution 43, 2012, noting staff's
recommendation on number 4, in which the maximum be changed to up to 5 tenant signs.
Council Member Tinsley seconded.
Motion passed 5 -0.
Council Member Jablin made a motion to reorder the agenda, specifically, moving Resolution
57, 2012 as the next item on the agenda and Ordinance 21, 2012 being the next item following
Resolution 57, 2012.
Council Member Tinsley seconded.
Motion passed 5 -0.
X. RESOLUTIONS
The City Clerk read Resolution 57, 2012 by title.
a. RESOLUTION 57, 2012 — SET THE TENTATIVE MILLAGE RATE. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
ADOPTING A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF PALM
BEACH GARDENS FOR FISCAL YEAR 201212013; SETTING THE DATE, TIME, AND
PLACE OF THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
Staff Presentation: Finance Administrator, Allan Owens.
Councilmember Jablin made a motion to approve Resolution 57, 2012.
Council Member Russo seconded.
Motion passed 5 -0.
IX. PUBLIC HEARINGS CONTINUED
The City Clerk read Ordinance 21, 2012 by title.
f. ORDINANCE 21, 2012 - (2ND READING AND ADOPTION) 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 VII 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
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SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
Public Comment: Kevin Easton, 8511 401h Terrace North, Palm Beach Gardens.
Council Member Jablin made a motion to approve Ordinance 21, 2012 on 2 "a reading and
adoption.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
The City Clerk read Resolution 49, 2012 by title.
g. *RESOLUTION 49, 2012 — AMENDMENT TO EVERGRENE PCD. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING AN AMENDMENT TO THE EVERGRENE PLANNED COMMUNITY
DEVELOPMENT (PCD) TO AMEND THE SETBACKS FOR PARCELS 1, 2, 6, 7, AND 8,
AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING A WAIVER; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Mayor Lew opened the Public Hearing.
Public Comment: None.
Mayor Lew closed the Public Hearing.
Council Member Jablin made a motion to approve Resolution 49, 2012.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
The City Clerk read Resolution 58, 2012 by title.
h. *RESOLUTION 58, 2012 — AMENDING A DEVELOPMENT ORDER CONDITION. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING A DEVELOPMENT ORDER CONDITION IN RESOLUTION 27,
2010 FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL
CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AT THE SOUTHEAST
CORNER OF ALTERNATE AIA AND GARDENS PARKWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Lew opened the Public Hearing.
Petitioner: Donaldson Hearing, Cotleur and Hearing.
Staff Presentation: Senior Planner, Kathryn DeWitt.
Public Comment: None.
Mayor Lew closed the Public Hearing.
Vice Mayor Premuroso made a motion to approve Resolution 58, 2012.
Council Member Russo seconded.
Motion passed 5 -0.
Vice Mayor Premuroso made a motion to reconsider an additional stipulation for Resolution
58, 2012 for the crossing signage to be completed within 90 days.
Councilmember Tinsley seconded.
Motion passed 5 -0.
The City Clerk read Resolution 59, 2012 by title.
i. *RESOLUTION 59, 2012 — MIDTOWN PLANNED UNIT DEVELOPMENT
AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE MIDTOWN
PLANNED UNIT DEVELOPMENT (PUD) SIGNAGE PROGRAM, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
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PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Lew opened the Public Hearing.
Petitioner: Alessandria Kalfin, Cotleur and Hearing.
Staff Presentation: None.
Public Comment: None.
Mayor Lew closed the Public Hearing.
Vice Mayor Premuroso made a motion to approve Resolution 59, 2012 stipulating that all
advertising on sign will be for the Borland Center only and that the sign automatically displays
beginning at 6:00 a.m. and ending at midnight.
Councilmember Jablin seconded.
Motion passed 5 -0.
The City Clerk read Resolution 60, 2012 by title.
j. *RESOLUTION 60, 2012 — AIPP REQUIREMENT FOR THE MANDEL JEWISH
COMMUNITY CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR
MANDEL JEWISH COMMUNITY CENTER (JCC)/MEYER ACADEMY PLANNED UNIT
DEVELOPMENT (PUD) LOCATED ON THE NORTHEAST CORNER OF THE
INTERSECTION OF HOOD ROAD AND INTERSTATE 95, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Lew opened the Public Hearing.
Petitioner: Mike Sanchez, Johnston Group.
Staff Presentation: None.
Public Comment: None.
Mayor Lew closed the Public Hearing.
Councilmember Jablin made a motion to approve Resolution 60, 2012.
Councilmember Tinsley seconded.
Motion passed 5 -0.
The City Clerk read Resolution 67, 2012 by title.
k. *RESOLUTION 67, 2012 - DOWNTOWN AT THE GARDENS PERMITTED USES. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING AN AMENDMENT TO EXHIBIT "E" OF RESOLUTION 91, 2003
LIST OF PERMITTED USES FOR DOWNTOWN AT THE GARDENS, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Lew opened the Public Hearing.
Petitioner: Ken Tuma, Urban Design Kilday Studio.
Staff Presentation: None.
Public Comment: None.
Mayor Lew closed the Public Hearing.
Councilmember Jablin made a motion to approve Resolution 67, 2012.
Councilmember Tinsley seconded.
Motion passed 5 -0.
X. RESOLUTIONS CONTINUED
The City Clerk read Resolution 61, 2012 by title.
b. RESOLUTION 61, 2012 — CONTRACT AWARD TRAFFIC SIGNAL. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
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APPROVING A CONTRACT AWARD TO GERELCO TRAFFIC CONTROLS, INC. FOR
TRAFFIC SIGNAL INSTALLATION AT GARDENS PARKWAY AND KEW GARDENS
AVENUE IN THE AMOUNT OF $320,691.17 VIA AN EXISTING AGREEMENT WITH
PALM BEACH COUNTY (CONTRACT NO. R2009- 0347); PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
Staff Presentation: City Engineer, Todd Engle.
Councilmember Jablin made a motion to approve Resolution 61, 2012.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
• Mayor Lew proposed planting a tree by the 911 Center in honor of Bob Friedman.
• City Manager Review.
XI1. CITY ATTORNEY REPORT
None.
(The remainder of this page intentionally left blank)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
07 -12 -12
PAGE 9
I XIII. ADJOURNMENT
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Councilmember Jablin made a motion to adjourn.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
The meeting adjourned at 11:08 p.m.
The next regularly scheduled City Council meeting will be held August 9, 2012.
APPROVED:
26
27
28
29
-31
33 AIST:
34
7� s
'8 -- Patricia Snider, CMC
39 City Clerk
40
41
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Marcie Tinsley, Councilmember
Josqph-R7R'*§so, Councilmember
ablin. Couricilme
42 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
43 meeting. A verbatim audio record is available from the Office of the City Clerk.
44 All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 10
07 -12 -12
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME— MIDDLE NAME
I s iq Y o
EOF O R COMMITTEE
1�rn b y , ,
C Y v✓�c 1 l
MAI ADDRESS
11 �
i
THE BOARD, =Rcr, commissION, AUTHOR OR COMMITTEE ON
f SERVE IS A LWIT OF:
�W CF Y ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY
P 6 �Z Q
NAME OF POLMCAL SUBDIVISION
DATE ON WH VOTE OCCURRED
/ l Z '�
MY POSITION IS
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 close 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 retained); 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,
mother -in -law, son4n4aw, and daughter- in4aw. A 'business associate' means 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 disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by pubWy 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 filing INS 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 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)
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_
• 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 fried.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, hereby disclose that on 2 .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, ;
inured to the special gain or loss of Y rl - Olt Q CICAU by
whom I am retained; or &e6_rl / lie JU l e S
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 rry conflicting interest in the measure is as follows:
.xfG.� (i tlti.� -2 �t C.o�.Pe�✓ T � Rf,to ! � r t� 5d , do I d
� ),
Date M d
"'rr?k -�
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 8B - EFF. 12000 PAGE 2
P A I M i;E,ACIf GARDF NS
�4ur/ryur•/gdkctt,fr�r• lenrri. +rq A p! r,
DATE:
City of Palm Beach Gardens
Office of the City Clerk
Letter of Transmittal
13.2012
TO: Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 33411
Re: Form SB
M'to'r Your Records
As Requested
0 For Review and Signature
Signed
Patricia Snider, CMC, -City Clerk
M For Recording
11 Returned for Corrections
D Other: