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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
Aprif3, 2014
-.
·The .regular meeting was called to order at 7:03p.m. by Mayor Premuroso.
I~ · PLEDGE OF ALLEGIANCE
·II. . NATIONAL ANTHEM-PERFORMED BY PALM BEACH GARDENS HIGH
SCHOOL CHORUS
III. ROLL CALL
PRESENT:· Mayor Premuroso, Vice Mayor Jabliri, Council Member Russo, Council Member
Tinsley, Council Member Levy. ·
ABSENT: None.
IV. ELECTION:
a. RESOLUTION I2, 2014 -DECLARING RESULTS OF THE MUNICIPAL
ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA DECLARING THE RESULTS OF THE
GENERAL ELECTION HELD · ON MARCH I1, 2014; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Council Member Levy made a motion to approve to Resolution 12 , 20I4.
Council Member Russo seconded.
Motion passed 5-0
b. ADMINISTER OATH OF OFFICE.
City Clerk, Patricia Snider, administered the Oath of Office to Councilmembers Robert
Premuroso, Eric Jablin, and Marcie Tinsley.
V. REORGANIZATION:
I . APPOINTMENT OF MAYOR.
Council Member Russo made a motion to appoint Robert Premuroso as Mayor.
Council Member Jablin seconded.
Motion passed 5-0.
2. APPOINTMENT OF VICE MAYOR.
Council Member Levy made a motion to appoint Eric Jab lin as Vice Mayor.
Council Member Russo seconded.
Motion passed 5-0.
3. RESOLUTION 13, 20I4 -APPOINTMENT OF MAYOR AND VICE MAYOR. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Council Member Russo made a motion to approve Resolution 13 ,2014.
Council Member Levy seconded.
Motion passed 5-0.
Council Member Russo suggested moving Item 4. Appointment of Councilmembers to external
boards; and Item 5 . Appointment of Councilmembers to internal boards to Items of Council
Action/Discussion at the end of the agenda.
Council Member Russo made a motion to move items 4 and 5 to the end of the agenda.
Council Member Levy seconded.
Motion passed 5-0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04-03 -14
PAGE 1
1 VI._ ADDITIONS, DELETIONS, MODIFICATIONS:
2 . Addition: Proclamation· for Child Abuse Prevention Month.
3 Council Member Russo made a motion to accept the addition.
4 Vice Mayor Jablin seconded.
5 Motion passed 5-0.
6 VII. . ANNOUNCEMENTS/PRESENTATIONS
7 a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD.
8 Award Presentation: Shannon Ramsey Chessman, Florida Government Finance Officer's
9 Association
10 b. DEPARTMENT OF TRANSPORTATION -PGABLVD& BEELINE HIGHWAY.
11 Presentation by: Cindy Kendrick, Stanley Consultants and Fernando Morales, Florida
12 Department of Transportation
13 c. ALL ABOARD FLORIDA UPDATE.
14 Presentation by: Charlotte Presensky, Operations Director
15 VIII. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
16 Council Member David Levy: Attended Palm Beach County League of Cities Meeting.
17 Council Member Marcie Tinsley:. None
18 Council Member Joseph Russo: None
19 Vice Mayor Eric Jablin: Attended the Palm Beach County Metropolitan Planning Board.
20 Mayor Robert Premuroso: Encouraged residents to attend the Ernie Els Autism event on
21 Thursday, April10, 2014 at Old Palm.
22 IX. CITY MANAGER REPORT
23 Provided an update on Florida Department of Transportation presentation project to raise PGA
24 Blvd; reported that the City will conduct a resident survey within the next 60 days.
25 X. COMMENTS FROM THE PUBLIC
26 Gary Brandenburg, 5801 Anchorage Drive, North Palm Beach; Tom Cairnes, 3101 PGA
27 Blvd, Palm Beach Gardens; Mel Grossman, 161 Thornton Drive, Palm Beach Gardens; Bertha
28 Matics, 910 Magdalena Rd Palm Beach Gardens; Barbara Grossman, 161 Thornton Drive,
29 Palm Beach Gardens, did not speak, comment card submitted for the record only.
30 Xl CONSENT AGENDA
31 a. APPROVE MINUTES FROM MARCH 6, 2014 CITY COUNCIL MEETING.
32 b. RESOLUTION 15, 2014-SETTING THE DATES FOR THE WLY AND AUGUST CITY
33 COUNCIL MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
34 PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR
35 CITY COUNCIL MEETINGS FOR THE MONTHS OF WLY AND AUGUST, 2014;
36 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
37 c. PURCHASE AWARD: A2014-030FT, FUEL MANAGEMENT SYSTEM UPGRADES.
38 d. PURCHASE A WARD-CAREHERE CONTRACT RENEWAL.
39 f. PURCHASE AWARD ON PIGGYBACK AGREEMENT NO. A2014-032PW, ANNUAL
40 ASPHALT MILLING AND RESURFACING (2014).
41 g. PURCHASE AWARD L2014-004IT FOR LEASE OF MULTIFUNCTIONAL PRINTERS
42 AND COPIERS.
43 h. PURCHASE AWARD FOR ROOF REPLACEMENT, FIRE RESCUE 1, POLICE
44 DEPARTMENT AND RIVERSIDE YOUTH ENRICHMENT CENTER.
45 i. RESOLUTION 24, 2014-FRANKLIN ACADEMY PLAT. A RESOLUTION OF THE
46 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING
47 THE FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD) PLAT;
48 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04-03-14
PAGE 2
..
1 j. · RESqLUTION 25, 2014-TIGER GRANT-FEC QUIET ZONE. A RESOLUTION OF
2 .. THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
· 3 · SUPPORTING THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION'S
4 · EFFORTS TO. SECURE FEDERAL FUNDING IN THE -FORM OF .. A
5 TRANSPORTATION . INVESTMENTS GENERATING ECONOMIC RECOVERY
6 (TIGER) GRANT FOR THE INFRASTRUCTURE TO INCREASE ROAD CROSSING
7 SAFETY AND PROVIDE FOR THE QUIET ZONE IMPROVEMENTS NECESSARY TO
8 INCREASE THE SAFETY IN AREAS WHERE TRAIN HORNS ARE NOT ROUTINELY
9 . SOUNDED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
10 k. .PROCLAMATION -PARALYZED VETERANS OF AMERICAN AWARENESS
11 MONTH.
12 Council Member Levy made a motion for approval of the Consent Agenda without Item E.
13 Vice Mayor Jablin seconded.
14 Motion passed 5-0.
15 e. PURCHASE AWARD FOR ITB2014-033EM, STORM DEBRIS DISPOSAL SERVICES.
16 Council Member Tinsley recused herself and filled out form 8B.
17 Council Member Russo made a motion to approve Purchase Award for ITB2014-033EM Storm
18 Debris Services.
19 Vice Mayor Jablin seconded.
20 Motion passed 4-0.
21 XII. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
22 Those preparing to give testimony were sworn in.
23 The City Clerk read Resolution 21, 2014 by title.
24 a. *RESOLUTION 21, 2014-PCD AMENDMENT TO MODIFY UTILITY EASEMENTS, A
25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
26 FLORIDA APPROVING AN AMENDMENT TO THE ALTON PLANNED
27 COMMUNITY DEVELOPMENT (PCD) (F.K.A. SCRIPPS FLORIDA PHASE 11/BRIGER
28 TRACT PCD) TO INCORPORATE MODIFICATIONS TO UTILITY EASEMENTS,
29 ROADWAY CROSS SECTIONS AND BUFFERS, LAKES, OPEN SPACE, AND
30 REVISIONS TO CONDITIONS OF APPROVAL, AS MORE PARTICULARLY
31 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
32 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
33 Mayor Premuroso opened the Public Hearing.
34 Petitioner: Ken Tuma, Urban Design Kid lay Studios
35 Staff presentation: Principal Planner, Peter Hofbeinz.
36 Public comment: Louis Satriano, 4 703 Lakemont Court, Palm Beach Gardens.
37 Mayor Premuroso closed the Public Hearing.
38 Vice Mayor Jablin made a motion to approve Resolution 21, 2014.
39 Council Member Tinsley seconded.
40 Motion passed 5-0.
41 The City Clerk read Resolution 22, 2014 by title.
42 b. RESOLUTION 22, 2014 -FRANKLIN ACADEMY ART IN PUBLIC PLACES. A
43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
44 FLORIDA APPROVING ART IN PUBLIC PLACES FOR FRANKLIN ACADEMY
45 PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED
46 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
47 DATE; AND FOR OTHER PURPOSES.
48 Petitioner: Wendy Tuma, Urban Design Kidlay Studios
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04-03 -14
PAGE 3
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·,
1 Staff Presentation: None
-2 ··Public Comment: None
3 Council Member Levy made a motion for approval of Resolution 22,2014.
4 Vice Mayor Jablin seconded.
5 . · Motion passed 5-0. .
6 The City Clerk read Resolution 23,2014 by title.
7 c. *RESOLUTION 23, 2014 -DOWNTOWN AT THE . GARDENS PLANNED
8 COMMUNITY; ·DEVELOPMENT (PCD) MASTER SIGNAGE PLAN AMENDMENT. A
9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
10 FLORIDA APPROVING ·AN AMENDMENT TO THE DOWNTOWN AT THE
11 GARDENS MASTER SIGNAGE PLAN IN ORDER TO MODIFY THE LOCATION OF
12 THREE (3) TENANT WALL . SIGNS, AS MORE PARTICULARLY DESCRIBED
13 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
14 DATE; AND FOR OTHER PURPOSES.
15 Petitioner: Donaldson Hearing, Cotleur and Hearing
16 StaffPresentation: None
17 Public Comment: None
18 Council Member Levy made a motion for approval ofResolution 23,2014.
19 Council Member Russo seconded.
20 Motion passed 5-0.
21 The City Clerk read Resolution 26 , 2014 by title.
22 d. RESOLUTION 26, 2014 -IMPROVEMENTS AND ASSESSMENTS FOR SUNSET
23 DRIVE AND 40TH TERRACE PROPERTY OWNERS. A RESOLUTION OF THE CITY
24 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
25 CERTAIN INFRASTRUCTURE IMPROVEMENTS FOR PROPERTIES LOCATED ON
26 SUNSET DRIVE, 40TH TERRACE NORTH, AND BRENNA LANE PURSUANT TO THE
27 CITY NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM (NIAP) AND
28 ADOPTION OF AN ASSOCIATED PRELIMINARY SPECIAL ASSESSMENT;
29 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
30 Petitioner: None
31 StaffPresentation: City Engineer, Todd En~le
32 Public Comment: Hardey Gaynes 7388 165 Street, Palm Beach Gardens; Don Castellon 8483
33 Sunset Drive, Palm Beach Gardens; Kenneth Trapasso 7294 154th Court, Palm Beach Gardens;
34 Kevin Easton, 8510 40th Terrace N., Palm Beach Gardens; John Erhart 9052 E Highland
35 Pines Drive, Palm Beach Gardens; Howard Gorman 708 Lighthouse Drive, North Palm Beach
36 Council Member Levy made a motion for approval of Resolution 26, 2014 for water and road
37 paving.
38 Council Member Tinsley seconded.
39 Motion passed 5-0.
40 The City Clerk read Ordinance 6, 2014 by title.
41 ORDINANCE 6, 2014 -ELECTIONS SECTION 26.8 INITIATIVE AND REFERENDUM.
42 (1 sr READING). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
43 BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION 26-
44 8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (G) AND
45 READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 163.031,
46 FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
47 SUB-SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND
48 EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04-03-14
PAGE 4
----------------------------------------~-------------,
1 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
2 DATE; AND FOR OTHER PURPOSES.
·· · 3 ·Petitioner: None
4 ·staffPresentation: None .
5 Public Comment: Iris Sheibl, 1029 Siena Oaks Circle, Palm Beach Gardens.
6 Council Member Levv made a motion for approval of Ordinance 6, 2014 on 1st reading.
7 Council Member Tinsley seconded: ·
8 · Motion passed 5-0. · .
9 . XIII. ·RESOLUTIONS .
10 XIV. ITEMS FOR COUNCIL ACTION/DISCUSSION
11 a. CHARTER REVIEW COMMITTEE-Council Member Russo discussed the need for a
12 Charter Review Committee to review the City Charter and recommend changes. Discussion
13 ensued.
14 b. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS.
15 The appointments of the external boards shall remain the same with the exception of Mayor
16 Premuroso is the appointee of the Palm Beach Workforce Alliance Consortium and Council
17 Member Levv is the alternate.
18 c. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS.
19 The appointment of the internal boards shall remain the same.
20 Vice Mayor Jablin made a motion for approval of appointment of council members to external
21 and internal boards with Mayor Premuroso as the appointee for the Palm Beach Workforce
22 Alliance Consortium and <;ouncilmember Levy is the alternate.
23 Council Member Tinsley seconded.
24 Motion passed 5-0.
25 d. Councilmember Levv discussed a case regarding a lawsuit against a Florida municipality
26 because the developers believed council members gave them a "passive" approval during a
27 development meeting. Discussion ensued.
28 e. BROADCAST CITY COUNCIL MEEETING: Councilmember Tinsley discussed
29 broadcasting option for City Council meetings. Discussion ensued.
30 f. Council Member Levv made a motion to provide broadcasting of City Council meetings via
31 Video on Demand.
32 g. Vice Mayor Jablin seconded.
33 Motion passed 5-0.
34 XII. CITY ATTORNEY REPORT
35 None.
36 (I'he remainder of this page intentionally left blank.)
37
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04-03-14
PAGE 5
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.. ;. .
1 XIII .. ADJOURNMENT
2
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Council Member Levy ~ade a rriotion to adjourn.·
Vice Mayor seconded .
4 Motion passed 5-0.·
5 ·:· The meeting adjourned at 10:30 p.m.
6
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Th~ next regularly scheduled City Council meeting will be held May 1, 2014.
APPROVED:.
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3~· , ~
'J5 ATTEST:
_;~·~:~l% ;/~~--.)' . ',
' ~:::..~'8 /. ~ ~-...
••-::/ ; L --'1r -;.;;,;· ..,.-, "'--!-~..-;._.... ____ _
~ P'atri9ia Snider, CMC
..,.4t City Cl~rk
'42 ..
43
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Marcie Tinsley, Council Member
David Levy, Council Member
45
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47
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio record is available on the City Website or 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 MEET ING
04-03-14
PAGE 6
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
0 APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, 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 (induding 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~ 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-Jaw,
mother-in-Jaw, son-in-Jaw, and daughter-in-law. 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 cisdose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; lUld
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
* * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to 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 fhe minutes. {Continued on Other side)
CE FORM 88-EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the fonn 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 reconing the minutes of the
meeting, who must incorporate the form in the rrinutes. A copy Of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, M atae, l\ asl~ . hereby disclose that on__._f\a......,_.._(,,a_\_ ...... ~'--------'' 20 __1_3_:
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
..J[ inured to the special gain or loss of my business associate. l{at \ 0:( ~a:\i(i¥1 {fro p) 0 '1 Q.{" \
inured to the special gain or loss of my relative, ------------------------'
inured to the special gain or loss of __________________________ _, by
whom I am retained; or
inured to the special gain or loss of _________________________ _, which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my confticting interest in the measure is as follows:
~erot e.. OV\ ~4N r
-oN> 0 -G ~ Se\e~ CnM.cac.\vvS \ea~ecs ~(UC:e
tv\ ~ o~~c_e ~u,\cl-,n~ ow~d '0'-"\ M~ e,(Y\~\a~~·
L\. '\-\':\
Date Filed
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 PENAL TV NOT TO EXCEED $10,000.
CE FORM 8B-EFF. 112000 PAGE2