HomeMy WebLinkAboutAgenda Council Agenda 050511
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 5, 2011
7:00 P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
I.PLEDGE OF ALLEGIANCE
II.ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. RECOGNITON OF DWYER HIGH SCHOOLS BOYS BASKETBALL 5A STATE
CHAMPIONSHIP.
b. RECOGNITION OF SPRING EVENT SPONSORS.
(Page 5)
c. NORTH COUNTY NEIGHBORHOOD COALITION, INC.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII.CONSENT AGENDA:
(Page 19)
a. APPROVE MINUTES FROM APRIL 7, 2011 CITY COUNCIL
MEETING.
(Page 27)
b. PROCLAMATION --.
(Page 28)
c. PROCLAMATION WATER REUSE WEEK.
(Page 29)
d. PROCLAMATION NATIONAL POLICE WEEK.
*
IX. PUBLIC HEARINGS: ( Designates Quasi-Judicial Hearing)
nd
(Staff Report on Page 30,Ordinance on Page 66)
a. ORDINANCE 4, 2011 (2
READING AND ADOPTION) ENVIRONMENTAL LANDS MITIGATION LDR
AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT. BY REPEALING SUBSECTIONS 78-158(a) AND (d), 78-
242(a), 78-246(a)(13), AND (a)(14) AND READOPTING SAME, AS REVISED;
FURTHER AMENDING CHAPTER 78. BY ADOPTING ENTIRELY NEW
SUBSECTIONS 78-246(a)(15), (a)(16), AND (a)(17); FURTHER AMENDING
CHAPTER 78. BY REPEALING SECTION 78-249. APPROVAL CRITERIA FOR
PROPOSED LAND ALTERATION. AND SUBSECTIONS 78-250(a)(1)a.,
(a)(1)b., (a)(3)b., (a)(3)c., AND (b) AND READOPTING SAME, AS REVISED;
FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78-252.
ALTERNATIVE FORMS OF MITIGATION. AND READOPTING SAME, AS
REVISED AND WITH A NEW TITLE IN ORDER TO REVISE AND CLARIFY
THE REGULATIONS FOR MITIGATION OF ON-SITE PRESERVATION
REQUIREMENTS; FURTHER AMENDING CHAPTER 78. AT SECTION 78-751.
PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
nd
(Staff Report on Page 78,Ordinance on Page 109)
b. ORDINANCE 7, 2011 - (2
READING AND ADOPTION)
REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT. AT SECTION 78-61. EFFECTIVE PERIOD OF
DEVELOPMENT ORDERS AND ENFORCEMENT OF CONDITIONS. BY
REPEALING SUBSECTION (d) AND READOPTING SAME, AS REVISED, IN
ORDER TO CLARIFY BUILD-OUT DETERMINATION REGULATIONS;
FURTHER AMENDING CHAPTER 78 AT SECTION 78-159. TABLE 21:
PERMITTED, CONDITIONAL, AND PROHIBITED USE CHART AND NOTE
(j)(49) OF TABLE 21 IN ORDER TO REVISE AND CLARIFY THE LIST OF
ASSEMBLY USES AND TO ADOPT REGULATIONS PERTAINING TO
78-
SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Staff Report on Page 117,Ordinance on Page 119)
c. ORDINANCE 8, 2011
nd
(2 READING AND ADOPTION) AMENDING THE FISCAL YEAR 2010/2011
BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH
2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A
CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Staff Report on Page 122,Ordinance on Page 283, Resolution on Page
d. *
st
286)
ORDINANCE 9, 2011 (1 READING)AMENDING THE PGA NATIONAL
PLANNED COMMUNITY DEVELOPMENT (PCD). AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
AMENDING THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT
(PCD), APPROVED BY ORDINANCE 22, 1998, TO ELIMINATE CERTAIN
CONDITIONS OF APPROVAL RELATING TO RYDER CUP BOULEVARD;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
RESOLUTION 24, 2011 IS A COMPANION ITEM TO ORDINANCE 9, 2011
AND WILL REQUIRE COUNCIL ACTION AT SECOND READING.
*RESOLUTION 24, 2011 - TRAFFIC CONTROL AGREEMENT.A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING THE PGA NATIONAL TRAFFIC CONTROL
AGREEMENT APPROVED BY RESOLUTION 99, 2006 TO ELIMINATE
CERTAIN CONDITIONS OF APPROVAL RELATING TO RYDER CUP
BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Staff Report on Page 324,Ordinance on Page 336)
e. ORDINANCE 10, 2011
st
(1 READING)AMEND
FOR THE NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ). AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY
REVISING SECTION 78-228(b)(1) AND SECTION 78-229(a)(2) IN ORDER TO
EXTEND THE DEADLINE FOR SIGNAGE AND LANDSCAPING COMPLIANCE
UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE TO MAY 31, 2014;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION
OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. FIREFIGHTER AND POLICE PENSION PLANS.
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
1
CITY COUNCIL
2
REGULAR MEETING
3
APRIL 7, 2011
4
5
Mayor Levy.
6 The regular meeting was called to order at 7:01 p.m. by
I. PLEDGE OF ALLEGIANCE
7
II. ROLL CALL
8
PRESENT:
9 Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo,
10 Councilmember Eric Jablin, Councilmember Marcie Tinsley.
ABSENT:
11 None.
III. ADDITIONS, DELETIONS, MODIFICATIONS
12
13 None.
IV. REORGANIZATION
14
15 1.APPOINTMENT OF MAYOR
Councilmember RussoDavid Levy
16 nominated for Mayor.
Councilmember Jablin
17 seconded.
18 Motion passed 5-0.
19 2. APPOINTMENT OF VICE MAYOR
Councilmember RussoRobert Premuroso
20 nominated for Vice Mayor.
Councilmember Jablin
21 seconded.
22 Motion passed 5-0.
23 3. RESOLUTION 13, 2011 APPOINTMENT OF MAYOR AND VICE MAYOR. A
24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
25 FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; PROVIDING
26 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Councilmember Jablin
27 made a motion for approval of Resolution 13, 2011.
Councilmember Russo
28 seconded.
29 Motion passed 5-0.
30 4. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS
31 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS
32 Consensus to move items 4 and 5 to the end of the agenda.
V. ANNOUNCEMENTS AND PRESENTATIONS
33
.
34 None
VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
35
Councilmember Tinsley
36 congratulated Dwyer High School Boys Basketball Team for the State
37
38 prevent fires during the drought; announced unveiling of the Emergency Operations
Councilmember Russo
39 Communication Center (EOCC) and welcomed Chromalloy to the City.
40 reported attending the Palm Beach Gardens Historical Society meeting and the North County
41 Economic Development Board meeting. The relocation of Chromalloy to the City was discussed.
Vice Mayor Premuroso
42 announced the upcoming Palm Beach Gardens Historical Society
43 meeting; the Amanda J. Buckley Fourth Annual Golf Tournament at the Municipal Golf Course
Councilmember Jablin
44 on May 14, 2011 and attended a Budget Oversight Committee meeting.
Allyson and Greg BlackGreyson
45 congratulated on the birth of their son ; attended the first
46 Palm Beach County Commission night meeting where the Jog Road traffic issue was resolved.
Mayor Levy
47 introduced George Dungee, Director of Nova Southeastern University Palm Beach
48 Gardens campus, who discussed the new building located at 11501 North Military Trail;
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
040711
1 requested and received consensus to co-host the August 24, 2011 League of Cities meeting at the
2 Nova Southeastern University Palm Beach Gardens campus; reported attending the following
3 meetings: Palm Beach Symposium on International Trade, City of Palm Beach County Budget
4 Task Force, Loxahatchee River Management Coordinating Council, Palm Beach County Water
5 Resource Task Force and Palm Beach County League of Cities meetings.
VII. CITY MANAGER REPORT
6
7 None.
VIII.COMMENTS FROM THE PUBLIC
8
Donaldson Hearing
9 , representing the PGA Corridor Association, 1934 Commerce Lane,
10 Jupiter.
IX. CONSENT AGENDA
11
12 a. APPROVE MINUTES FROM MARCH 3, 2011 CITY COUNCIL MEETING.
13 b. APPROVE MINUTES FROM MARCH 22, 2011 SPECIAL CITY COUNCIL MEETING.
14 c. RESOLUTION 10, 2011 UNIT PRICE CONTRACT AWARD. A RESOLUTION OF
15 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
16 AWARDING UNIT-PRICE CONTRACTS TO LANDSCAPE SERVICE PROFESSIONALS
17 INC., MASTER GARDENERS NURSERY AND LANDSCAPING, INCORPORATED, PALM
18 BEACH LANDSCAPE & MAINTENANCE, INC., QUINCO CORP., AND SUPERIOR
19 LANDSCAPING & LAWN SERVICE INC. FOR LANDSCAPE AND IRRIGATION
20 PRODUCTS AND SERVICES BASED ON BIDS RECEIVED VIA INVITATION TO BID
21 NO. 2011-001; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS;
22 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
23 d. RESOLUTION 17, 2011 STAND-BY AGREEMENT FOR TEMPORARY
24 EMPLOYMENT STAFFING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF
25 THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A STAND-BY
26 AGREEMENT FOR TEMPORARY EMPLOYMENT STAFFING SERVICES TO NITELINES
27 USA, INCORPORATED VIA AN EXISTING CONTRACT WITH THE STATE OF
28 FLORIDA, NO. 991-460-07-1; AUTHORIZING THE MAYOR TO EXECUTE THE
29 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
30 e. RESOLUTION 26, 2011 THIRD AMENDMENT TO THE INTERLOCAL
31 AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
32 BEACH GARDENS, FLORIDA APPROVING THE THIRD AMENDMENT TO THE
33 INTERLOCAL AGREEMENT ESTABLISHING THE MUNICIPAL PUBLIC SAFETY
34 COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY IS MADE AND
35 ENTERED INTO BY AND BETWEEN THE MUNICIPALITIES OF ATLANTIS, JUPITER,
36 JUNO BEACH, PALM BEACH, PALM BEACH GARDENS, AND WEST PALM BEACH,
37 EACH OF WHICH IS A FLORIDA MUNICIPAL CORPORATION LOCATED IN PALM
38 BEACH COUNTY, FLORIDA, AND THE MUNICIPAL PUBLIC SAFETY
39 COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY, AN ENTITY
40 CREATED BY THE FLORIDA INTERLOCAL COOPERATION ACT OF 1969
41 (HE
42 PURPOSES.
43 f. PROCLAMATION PARALYZED VETERANS OF AMERICA AWARENESS MONTH.
44 g. PROCLAMATION NATIONAL DAYS OF REMEMBRANCE FOR HOLOCAUST
45 VICTIMS.
46 h. PROCLAMATION APRIL IS FOR AUTHORS DAY.
Councilmember Jablin
47 made a motion for approval of the Consent Agenda.
Councilmember Russo
48 seconded.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
040711
1 Motion passed 5-0.
X. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
2
Mayor Levy
3
4 Those preparing to give testimony were sworn in.
5 The City Clerk read Ordinance 4, 2011 by title.
6 a.ORDINANCE 4, 2011 (1ST READING) ENVIRONMENTAL LANDS MITIGATION
7 LDR AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
8 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. BY
9 REPEALING SUBSECTIONS 158(a) AND (d), 78-242(a), 78-246(a)(13), AND (a)(14) AND
10 READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY
11 ADOPTING ENTIRELY NEW SUBSECTIONS 78-246(a)(15), (a)(16), AND (a)(17);
12 FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78-249. APPROVAL
13 CRITERIA FOR PROPOSED LAND ALTERATION. AND SUBSECTIONS 78-250(a)(1)a.,
14 (a)(1)b., (a)(3)b., (a)(3)c., AND (b) AND READOPTING SAME, AS REVISED; FURTHER
15 AMENDING CHAPTER 78. BY REPEALING SECTION 78-252. ALTERNATIVE FORMS
16 OF MITIGATION. AND READOPTING SAME AS REVISED AND WITH A NEW TITLE
17 IN ORDER TO REVISE AND CLARIFY THE REGULATIONS FOR MITIGATION OF ON-
18 SITE PRESERVATION REQUIREMENTS; FURTHER AMENDING CHAPTER 78. AT
19 SECTION 78-751. DEFINITIONS. TO AMEND THE DEFI
20
21
22
23
24 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND
25 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
26 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
27 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
28 PURPOSES.
Mayor Levy
29 opened the public hearing.
City Forester Mark Hendrickson,Director of Planning and Zoning
30 Staff Presentation:
Natalie Wong
31 .
32 Public Comment: Rachel Kijewski, 822 N. C Street, Lake Worth.
Mayor Levy
33 closed the public hearing.
Councilmember Jablin
34 made a motion for approval of Ordinance 4, 2011 on first reading.
Councilmember Tinsley
35 seconded.
36 Motion passed 5-0.
37 The City Clerk read Ordinance 5, 2011 by title.
38 b. ORDINANCE 5, 2011 (2nd READING AND ADOPTIO
39 CODE OF ORDINANCES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
40
41 AT CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT; BY
42 AMENDING THIS ARTICLE TO UPDATE LANGUAGE REGARDING THE CODE
43 ENFORCEMENT SPECIAL MAGISTRATE IN CONFORMANCE WITH STATE
44 STATUTES; TO REVISE REQUIREMENTS REGARDING WRITTEN STIPULATIONS
45 FOR THE RESOLUTION OF CODE ENFORCEMENT VIOLATIONS; TO CLARIFY
46 ADMINISTRATIVE FINES FOR REPEAT VIOLATIONS; AND TO PROVIDE GENERAL
47 INTERNAL CONSISTENCY WITH CITY CODE; PROVIDING THAT EACH AND EVERY
48 OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. SHALL
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
040711
1 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
2 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
3 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES..
Mayor Levy
4 opened the public hearing.
Building Services Operations Director David Reyes
5 Staff Presentation: .
6 Public Comment: None.
Mayor Levy
7 closed the public hearing.
Councilmember Jablin
8 made a motion for approval of Ordinance 5, 2011 on second reading
9 and adoption.
Councilmember Tinsley
10 seconded.
11 Motion passed 5-0.
12 The City Clerk read Ordinance 7, 2011 by title.
13 c. ORDINANCE 7, 2011 AND
14 DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE
15 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
16 DEVELOPMENT. AT SECTION 78-61. EFFECTIVE PERIOD OF DEVELOPMENT
17 ORDERS AND ENFORCEMENT OF CONDITIONS. BY REPEALING SUBSECTION (d)
18 AND READOPTING SAME, AS REVISED, IN ORDER TO CLARIFY BUILD-OUT
19 DETERMINATION REGULATIONS; FURTHER AMENDING CHAPTER 78 AT SECTION
20 78-159. TABLE 21: PERMITTED, CONDITIONAL, AND PROHIBITED USE CHART AND
21 NOTE (j)(49) OF TABLE 21 IN ORDER TO REVISE AND CLARIFY THE LIST OF
22
23 -751. DEFINITIONS.
24
25 AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND
26 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
27 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
28 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
29 PURPOSES.
Mayor Levy
30 opened the public hearing.
Planner Martin SchneiderPlanning and Zoning Director Natalie Wong
31 Staff Presentation: , .
Vito DeFrancescoEileen
32 Public Comment: , 1049 Shady Lakes Circle, Palm Beach Gardens;
TuckerCarolyn Chaplik
33 , 1045 Shady Lakes Circle, Palm Beach Gardens; , 715 Hudson Bay
Louis Satriano
34 Drive, Palm Beach Gardens; , 4703 Lakemont Court, Palm Beach Gardens;
Carol Estrada
35 , 309 Riverside Drive, Palm Beach Gardens.
Mayor Levy
36 closed the public hearing.
Councilmember Jablin
37 made a motion for approval of Ordinance 7, 2011 on first reading.
Vice Mayor Premuroso
38 seconded.
39 Motion passed 5-0.
40 The City Clerk read Ordinance 8, 2011 by title.
41 d. ORDINANCE 8, 2011 (1ST READING) AMENDING THE FISCAL YEAR 2010/2011
42 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
43
44 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER
45 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
46 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy
47 opened the public hearing.
Finance Administrator Allan Owens
48 Staff Presentation: .
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
040711
1 Public Comment: None.
Mayor Levy
2 closed the public hearing.
Councilmember Jablin
3 made a motion for approval of Ordinance 8, 2011 on first reading.
Vice Mayor Premuroso
4 seconded.
5 Motion passed 5-0.
6 The City Clerk read Resolution 18, 2011 by title.
7 e. *RESOLUTION 18, 2011 APPROVAL OF AN AMENDMENT TO THE
8 A RESOLUTION OF
9 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
10
11 UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHWEST CORNER OF HOOD
12 ROAD AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN,
13 ALLOWING FOR AN ADDITIONAL FLAT/WALL SIGN FOR THE TENANT LOCATED
14 AT 4019 HOOD ROAD, SUITE C112-116, AND MINOR MODIFICATIONS TO THE TEXT
15 OF THE MASTER SIGNAGE PROGRAM TO CLARIFY THE TRADEMARK AND LOGO
16
17 PROVIDING A CONDITION OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND
18 FOR OTHER PURPOSES..
Mayor Levy
19 opened the public hearing.
Councilmember Tinsley
20 declared ex parte communication.
Jennifer Morton
21 Petitioner Presentation: , Land Design South.
22 Public Comment: None.
Mayor Levy
23 closed the public hearing.
Councilmember Jablin
24 made a motion for approval of Resolution 18, 2011.
Councilmember Tinsley
25 seconded.
26 Motion passed 5-0.
27 The City Clerk read Resolution 21, 2011 by title.
28 f. *RESOLUTION 21, 2011 MAJOR SITE PLAN AMENDMENT TO THE
29 STEEPLECHASE PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE
30 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A
31 MAJOR SITE PLAN AMENDMENT WITHIN THE STEEPLECHASE PLANNED UNIT
32 DEVELOPMENT (PUD), LOCATED AT THE NORTHEAST CORNER OF
33 STEEPLECHASE DRIVE AND BEELINE HIGHWAY, AS MORE PARTICULARLY
34 DESCRIBED HEREIN, FOR THE CONSTRUCTION OF A THREE-STORY, 48,654-
35 SQUARE-FOOT OFFICE BUILDING; PROVIDING ONE WAIVER; PROVIDING
36 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
37 PURPOSES.
Mayor Levy
38 opened the public hearing.
Vice Mayor PremurosoCouncilmember JablinCouncilmember TinsleyMayor Levy
39 , , and
Councilmember Russo
40 declared ex parte communication. reported reading e-mails.
Jeff CollierDodi Glass
41 Petitioner Presentation: , Greenberg Traurig; , Gentile, Holloway
42 .
Senior Planner Richard MarreroDirector of Planning and Zoning
43 Staff Presentation: ;
Natalie Wong
44 .
Gary Fields, Esq.Daniel
45 Public Comment: , 4400 PGA Blvd., Suite 900, Palm Beach Gardens;
HellersteinTim Leonard
46 , 7879 Steeplechase Drive, Palm Beach Gardens; , 5168 Misty Morn
Matilde Lanier
47 Road, Palm Beach Gardens; , 8300 Steeplechase Drive, Palm Beach Gardens;
Arlene EnglanderBill Tracy
48 , 5710 High Flyer Road South, Palm Beach Gardens; , 5028 Misty
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
040711
Joseph Kucharlik
1 Morn Road, Palm Beach Gardens; , 5693 High Flyer Road South, Palm
Brett BasinskiJanet Kozan
2 Beach Gardens; , 5106 Misty Morn Road, Palm Beach Gardens; ,
Raj Shah
3 7956 Steeplechase Drive, Palm Beach Gardens; , 5216 Misty Morn Road, Palm Beach
Richard BriscoeAngelo Forte
4 Gardens; , 5138 Misty Morn Road, Palm Beach Gardens; , 7675
5 Bold Lad Road, Palm Beach Gardens.
6 Discussion ensued.
Mayor Levy
7 closed the public hearing.
Councilmember Jablin
8 made a motion for approval of Resolution 21, 2011.
Councilmember Russo
9 seconded.
10 Motion passed 5-0.
Mayor Levy
11 declared a recess at 10:18 p.m.
Mayor Levy
12 reopened the meeting at 10:25 p.m.
13 The City Clerk read Resolution 23, 2011 by title.
14 g. *RESOLUTION 23, 2011
15 REGIONAL CENTER DEVELOP A
16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
17 FLORIDA AMENDING RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED
18 DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF
19 REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DEVELOPMENT (PCD);
20 AMENDING THE MASTER DEVELOPMENT PLAN TO ADD HOTEL AS A PERMITTED
21
22 AND TO AMEND EXHIBIT H IN ORDER TO PROVIDE FOR THE CONVERSION OF
23 BUSINESS OFFICE TO HOTEL AND THE REVERSE AND TO DESIGNATE PARCELS
24
25
26 ROOMS, DECREASE THE MAXIMUM ALLOWABLE OFFICE SQUARE FOOTAGE, AND
27 PROVIDE CONSISTENCY WITH THE MOST CURRENT TRAFFIC DATA FOR THE DRI;
28 TO AMEND CONDITION #13 IN THE DEVELOPMENT ORDER FOR CONSISTENCY
29 -
30 #21 REQUIRING TRAFFIC MONITORING; AND TO UPDATE EXHIBIT H BASED ON
31 CURRENT CONDITIONS AND SITE PLANS; AUTHORIZING THE CITY CLERK TO
32 TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF
33 COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL,
34
35 ASSOCIATION, INC., IMI KYOTO GARDENS I, LLC, AND IMI KYOTO GARDENS III,
36 LLC; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy
37 opened the public hearing.
Councilmember RussoMayor Levy
38 and declared ex parte communication.
Donaldson Hearing
39 Petitioner Presentation: , Cotleur & Hearing.
40 Public Comment: None.
Mayor Levy
41 closed the public hearing.
Councilmember Jablin
42 made a motion for approval of Resolution 23, 2011.
Councilmember Russo
43 seconded.
44 Motion passed 5-0.
XI. RESOLUTIONS
45
46 The City Clerk read Resolution 19, 2011 by title.
47 a. RESOLUTION 19, 2011 LEASE BUY BACK AGREEMENT. A RESOLUTION OF THE
48 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
040711
1 THE LEASE-PURCHASE AGREEMENT/TURN-IN OPTION OF ONE (1) FIRE ENGINE;
2 AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO
3 EFFECTUATE THE TURN-IN OPTION; PROVIDING AN EFFECTIVE DATE; AND FOR
4 OTHER PURPOSES.
Fire Chief Pete Bergel
5 Staff Presentation: .
6 Public Comment: None.
Councilmember Jablin
7 made a motion for approval of Resolution 19, 2011.
Vice Mayor Premuroso
8 seconded.
9 Motion passed 5-0.
10 The City Clerk read Resolution 20, 2011 by title.
11 b. RESOLUTION 20, 2011 CONTRACT AWARD FOR PAVEMENT RESURFACING
12 SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
13 GARDENS, FLORIDA APPROVING AN AGREEMENT FOR ASPHALT MILLING AND
14 RESURFACING SERVICES WITH RANGER CONSTRUCTION INDUSTRIES, INC. VIA
15 AN EXISTING CONTRACT WITH PALM BEACH COUNTY BOARD (NO. R-2010-1217)
16 IN AN AMOUNT NOT TO EXCEED $329,564.00; AUTHORIZING THE MAYOR TO
17 EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
18 PURPOSES.
City Engineer Todd Engle
19 Staff Presentation: .
20 Public Comment: None.
Councilmember Jablin
21 made a motion for approval of Resolution 20, 2011.
Vice Mayor Premuroso
22 seconded.
23 Motion passed 5-0.
24 The City Clerk read Resolution 25, 2011 by title.
25
c. RESOLUTION 25, 2011 APPOINTING MEMBERS TO THE COMMUNITY AESTHETIC
26
BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
27
FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO
28
THE COMMUNITY AESTHETIC BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR
29
OTHER PURPOSES.
Deputy City Manager Jack Doughney
30 Staff Presentation: .
31 Public Comment: None.
32 Discussion ensued.
Councilmember Russo
33 made a motion for approval of Resolution 25, 2011.
Councilmember Jablin
34 seconded.
35 Motion passed 5-0.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
36
37 a. NORTH COUNTY NEIGHBORHOOD COALITION, INC.
38 Council reached consensus to have the North County Neighborhood Coalition give a
39 presentation at the May 5, 2011 Council meeting.
IV. REORGANIZATION (Continued)
40
41 4. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS
42 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS
43 Discussion ensued.
Councilmember Jablin
44 made a motion for the appointments as stated.
Councilmember Russo
45 seconded.
46 Motion passed 5-0.
XIII. CITY ATTORNEY REPORT
47
City Attorney R. Max Lohman
48 reported on changes to Chapter 26 of the Code of Ordinances
49
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
040711
XIV. ADJOURNMENT
1
Councilmember Jablin
2 made a motion to adjourn.
Councilmember Tinsley
3 seconded.
4 Motion passed 5-0.
5 The meeting adjourned at 11:02 p.m.
6 The next regularly scheduled City Council meeting will be held May 5, 2011.
7
APPROVED
8 :
9
10
11
12 David Levy, Mayor
13
14
15
16 Robert G. Premuroso, Vice Mayor
17
18
19
20 Joseph R. Russo, Councilmember
21
22
23
24 Eric Jablin, Councilmember
25
26
27
28 Marcie Tinsley, Councilmember
29
30
31
32
33
34
35
ATTEST:
36
37
38
39
40
41 Patricia Snider, CMC
42 City Clerk
43
44
45
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
040711
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, The Congress and President of the United States have designated May 1/i'h
as Peace Officers' Memorial Day, and the week in which May 15th falls as National Police
Week, and,·
WHEREAS, the members of the Palm Beach Gardens Police Department play an essential
role in safeguarding the rights and freedoms of the City of Palm Beach Gardens, and;
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that members
of our law enforcement agency recognize their duty to serve the people by safeguarding life
and property, by protecting them against violence and disorder, and by protecting the
innocent against deception and the weak against oppression, and;
WHEREAS, the men and women of the Palm Beach Gardens Police Department
unceasingly provide a vital public service, and,·
WHEREAS, May 1/i'h is designated as Peace Officers Memorial Day, with federal law
(P.L. 103-322) directing that all flags be flown at half-staff on that date in honor of fallen
officers and their families; and
NOW, THEREFORE, I, David Levy, Mayor of the City of Palm Beach Gardens, do call
upon all citizens of the City and upon all patriotic, civic and educational organizations to
observe the week of May 15-21, 2011, as Police Week in which all of our people may join in
commemorating law enforcement officers, past and present, who, by their faithful and
loyal devotion to their responsibilities, have rendered a dedicated service to their
communities and, in so doing, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens. I further call upon all
citizens of the City of Palm Beach Gardens to observe Sunday, May 1/i'h, as Peace Officers'
Memorial Day in honor of those law enforcement officers who, through their courageous
deeds, have made the ultimate sacrifice in service to their community or have become
disabled in the performance of duty, and let us recognize and pay respect to the survivors of
our fallen heroes.
Attest:
~,, Pat,.;,Ci(J&;~, City Clerk --.:.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City
of Palm Beach Gordentt, Florida, to be
affiud on this $'A day of May in the year
Two ThoUBand and Eleven.
Mayor vid~
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FWRIDA
PROCLAMATION
WHEREAS, safe, clean, and sustainable water resources are~ to Florida's environment,
economy, citizens and visitors; and
WHEREAS, Florida's water supplies are finite. while our popu1atioD and our need for water
resources continues to increase; and
WHEREAS, water reuse provides a means far coosc:rviDg ud augmenting Florida's precious
water resources; and
WHEREAS, Florida has established the eocouragemcat and promotion of water reuse as state
objectives in Chapters 373 and 403 Florida Stltutr:s; and
WHEREAS, Florida's permitted reuse capacity cxceeck l.S billion gallons per day (over 62
percent of Florida's totll pennitled capacity for all domestic wastewater treatment facilities); and
WHEREAS, Florida leads the Dation in n:usiag 667 million gallons of reclaimed water each day
to conserve freshwater supplies and repJeoisll our Iivas, streams, lakes and aquifers; and
WHEREAS, 1be State of Florida bas declared the week of May lS -21, 2011 to be Water Reuse
Week in Florida; and
WHEREAS the City of Palm Beach Gardms bas joioal with the State of Florida Department of
Environmental Protection, and the South Florida Watu Management District in encouraging and
promoting water reuse and conservation; and
NOW, THEREFORE, I, David Lewy, by virtue oft:be authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby prodaim the week of May 15 -21, 2011 as
PatriciaSnider, CMC, City Clerk
Water Reuae Week
IN WlTNBSS 'WHBRBOF, I have hereunto set my
hand and caused the Seal of the City of Palm
Beach Gardens, Ftorida, to be affixed on this 5th
day of May in the Year of aur Lard, 1Wo Thousand
Eleven.
David Levy, Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, The Congress and President of the United States have designated May 15th
as Peace Officers' Memorial Day, and the week in which May 15th falls as National Police
Week, and,·
WHEREAS, the members of the Palm Beach Gardens Police Department play an essential
role in safeguarding the rights and freedoms of the City of Palm Beach Gardens, and;
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that members
of our law enforcement agency recognize their duty to serve the people by safeguarding life
and property, by protecting them against violence and disorder, and by protecting the
innocent against deception and the weak against oppression, and;
WHEREAS, the men and women of the Palm Beach Gardens Police Department
unceasingly provide a vital public service, and;
WHEREAS, May 15th is designated as Peace Officers Memorial Day, with fetkrallaw
(P.L. 103-322) directing that all flags be flown at half-staff on that date in honor of fallen
officers and their families; and
NOW, THEREFORE, I, David Levy, Mayor of the City of Palm Beach Gardens, do call
upon all citizens of the City and upon all patriotic, civic and educational organizations to
observe the week of May 15-21, 2011, as Police Week in which all of our people may join in
commemorating law enforcement officers, past and present, who, by their faithful and
loyal devotion to their responsibilities, have rendered a dedicated service to their
communities and, in so doing, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens. I further call upon all
citizens of the City of Palm Beach Gardens to observe Sunday, May 15th, as Peace Officers'
Memorial Day in honor of those law enforcement officers who, through their courageous
deeds, have made the ultimate sacrifice in service to their community or have become
disabled in the performance of duty, and let us recognize and pay respect to the survivors of
our fallen heroes.
Attest:
Pa~ City Clerk
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City
of Palm Beach Gardens, Florida, to be
affixed on this S"• day of May in the year
Two ThoUIIand and Eleven.
Mayor David