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HomeMy WebLinkAboutMinutes Council 0807141 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 August 7, 2014 5 6 The regular meeting was called to order at 7:02p.m. by Mayor Premuroso. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Tinsley, Council Member 10 Levy. 11 ABSENT: Council Member Russo. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. UPDATEONTHEMINTOPROPERTY. 16 Presentation: Donaldson Hearing, Cotleur and Hearing. 17 b. PLAT 1 UPDATE. 18 Staff Presentation: Ansley Marr, Unified Services Director. 19 Public Comment: Steve Martino, 3240 Meridian WayS. Palm Beach Gardens. 20 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 21 Council Member David Levy: Attended National Night Out, thanked Police Chief and Fire 22 Chief for a job well done and look forward to next year's event; Attended Water Resource Task 23 Force Meeting; Attended the Palm Beach County League of Cities monthly meeting. 24 Council Member Marcie Tinsley:. Attended the Northern Palm Beaches Chambers Business 25 Before Hours event; The Realtors of the Palm Beaches luncheon; The Treasure Coast Regional 26 Planning Council; The joint meeting of the Recreation Advisory Board and Palm Beach Gardens 27 Youth Athletic Association; National Night Out and gave kudos to everyone who made the event 28 a success; delivered a truck full of school supplies and forgotten soldier supplies to the giving 29 camp, thanked camp staff for a wonderful job for collecting supplies. 30 Council Member Joseph Russo: Absent 31 Vice Mayor Eric Jab lin: Attended National Night Out and thanked staff for their hard work to 32 make the City shine; reminded everyone that school is opening next month and asked that 33 residents are aware of kids at the school bus stops especially when it is dark. 34 Mayor Robert Premuroso: Thanked staff and volunteers for National Night Out; Attended the 35 Amanda Buckley Scholarship Dinner; Announced the Palm Beach Gardens 8 year old baseball 36 team who won the state tournament this year won the Southeast Regional Championship in 3 7 Florence, Alabama. 38 VI. CITY MANAGER REPORT 39 a. CITY ATIORNEYRETENTION-ATIACHMENTS: 40 • RELEASE OF FILES LETTER 41 • LETTER OF AGREEMENT DATED MARCH 31,2009 42 • LETTER OF AGREEMENT DATED JULY 29, 2014 43 Staff presentation: Ron Ferris, City Manager. 44 Public Comment: Michael Peragine, 277 Sedona Way, Palm Beach Gardens ; Joan Elias, 1009 45 Diamond Head, Palm Beach Gardens. 46 Council Member Levy made a motion to retain Lohman Law Group as the City's law firm and 4 7 authorize Mayor Premuroso sign the fee agreement. 48 Council Member Tinsley seconded. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 08-07-14 PAGE 1 1 Motion passed 4-0. 2 b. SPECIAL ISSUE REFERENDUM ELECTION-RESOLUTION 48, 2014--ADOPTED 3 JULy 10,2014 4 • RESPONSE LETTER FROM THE PALM BEACH COUNTY SUPERVISOR OF 5 ELECTIONS. 6 • RESPONSE LETTER FROM THE CITY OF PALM BEACH GARDENS TO THE 7 SUPERVISOR OF ELECTIONS. 8 Public Comment: James D'Loughy, 377 Chambord Terrace, Palm Beach Gardens. 9 c. Recognized the Police Department for receiving the Rocky Pomerance Community Policing 10 Award for the "Frog Me Not" Program created by Karen Cobb. 11 d. Recognized Laura Schuppert, Justin Lucas, Wendy Tatum and William McDermott for 12 winning the United States Tennis Association Facility Award for the City's Tennis Center. 13 e. Presented a video of the Fire Rescue recruit class featuring WPBF news reporter Stephanie 14 Berzinski. Recognized Chief Michael Southard for training the fire recruits. 15 f. Informed City Council members of the Remembrance Service on September 11th at Christ 16 Fellowship. 17 g. Informed City Council members of the dates of the budget hearing, Wednesday, September 18 3, 2014 and Thursday September 18,2014. 19 VII. COMMENTSFROMTHEPUBLIC 20 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; Steve Mathison, 5606 PGA 21 Blvd, Palm Beach Gardens. 22 VIII. CONSENT AGENDA 23 a. APPROVE MINUTES FROM JULY 10, 2014 CITY COUNCIL MEETING. 24 b. RESOLUTION 43,2014-APPROVAL OF INSURANCE BENEFITS. A RESOLUTION 25 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 26 APPROVING THE RENEWAL OF BLUE CROSS BLUE SHIELD OF FLORIDA (FLORIDA 27 BLUE), POLICY NUMBER 91062, FOR FISCAL YEAR 2014/2015; PROVIDING AN 28 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 29 c. RESOLUTION 55 , 2014 -DOWNTOWN AT THE GARDENS PLAT-13-06-000047. A 30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 31 FLORIDA APPROVING THE DOWNTOWN AT THE GARDENS PLANNED 32 COMMUNITY DEVELOPMENT PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR 33 OTHER PURPOSES. 34 d. PURCHASE AWARD -AMENDMENT NO. 1 TO AGREEMENT FOR ANCILLARY 35 HEALTH BENEFIT PLANS -LIFE INSURANCE AND ACCIDENTAL DEATH 36 DISMEMBERMENT. 37 e. PROCLAMATION-FLORIDA WATER PROFESSIONALS MONTH. 38 Vice Mayor Jablin made a motion for approval of the Consent Agenda. 39 Council Member Levy seconded. 40 Motion passed 4-0. 41 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 42 The City Clerk read Resolution 52, 2014 by title. 43 a. RESOLUTION 52, 2014 -ABANDONMENT OF ELM AVE. A RESOLUTION OF THE 44 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA EVIDENCING 45 ITS INTENT TO VACATE AND ABANDON ITS INTERESTS IN THAT PORTION OF 46 TRACT "Z" (MORE COMMONLY REFERRED TO AS "ELM A VENUE") BEGINNING 47 SOUTH OF PACIFICO COURT ROADWAY AND EXTENDING TO THE EPB 3C CANAL, 48 WHICH IS A PLATTED RIGHT-OF-WAY APPROXIMATELY EIGHTY (80±) FEET WIDE, CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 08-07-14 PAGE 2 I RESERVED FOR RIGHT-OF-WAY PURPOSES, AS SHOWN ON THE PLATS OF 2 "PALOMA P.U.D." AS RECORDED IN PLAT BOOK 108, PAGE 144 AND "CIMARRON 3 COVE" AS RECORDED IN PLAT BOOK Ill, PAGE 102 OF THE PUBLIC RECORDS OF 4 PALM BEACH COUNTY; PROVIDING THAT THE VACATED RIGHT-OF-WAY PARCEL 5 IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED 6 HERETO; PROVIDING FOR THE RECORDING OF THIS RESOLUTION; PROVIDING AN 7 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 Mayor Premuroso opened the Public Hearing. 9 Petitioner: None. 10 Staff presentation: Natalie Crowley, Planning and Zoning Director. 11 Public comment: None. 12 Mayor Premuroso closed the Public Hearing. 13 Council Member Levy made a motion to approve Resolution 52,2014. 14 Council Member Tinsley seconded. 15 Motion passed 4-0. 16 X. RESOLUTIONS 17 The City Clerk read Resolution 49 ,2014 by title. 18 a. RESOLUTION 49, 2014 -APPROVING AND RATIFYING A COLLECTIVE 19 BARGAINING AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 20 OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A 21 COLLECTIVE BARGAINING AGREEMENT WITH THE SERVICE EMPLOYEES 22 INTERNATIONAL UNION (SEIU)/FLORIDA PUBLIC SERVICES UNION FOR THE 23 FISCAL YEARS 2014-2015, 2015-2016, 2016-2017 ; AUTHORIZING THE MAYOR AND 24 CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE 25 DATE; AND FOR OTHER PURPOSES. 26 Petitioner: None. 27 Staff Presentation: Sheryl Stewart, Human Resources Administrator. 28 Public Comment: None. 29 Vice Mayor Jablin made a motion to approve Resolution 49,2014. 30 Council Member Tinsley seconded. 31 Motion passed 4-0. 32 The City Clerk read Resolution 50, 2014 by title. 33 b. RESOLUTION 50, 2014 -VOTING DELEGATE AT THE FLC ANNUAL 34 CONFERENCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 35 BEACH GARDENS, FLORIDA DESIGNATING COUNCILMEMBER MARCIE TINSLEY 36 AS THE VOTING DELEGATE FOR THE CITY OF PALM BEACH GARDENS AT THE 37 FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE BEING HELD AUGUST 14-16, 38 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 39 Council Member Tinsley recused herself and filled out form 8B. 40 Mayor Premuroso opened the Public Hearing. 41 Petitioner: None. 42 Staff presentation: None. 43 Public comment: None. 44 Mayor Premuroso closed the Public Hearing. 45 Vice Mayor Jablin made a motion to approve Resolution 50, 2014. 46 Council Member Levy seconded. 47 Motion passed 3-0. 48 Council Member Tinsley returned to the diaz. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 08-07-14 PAGE 3 I XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 2 Council Member Tinsley continued discussion of the joint meeting of the Recreation Advisory 3 Board and the Palm Beach Gardens Youth Athletic Association. Discussion ensued. 4 XII. CITY ATTORNEY REPORT 5 None. 6 (The remainder of this page intentionally left blank.) 7 8 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 08-07-14 PAGE 4 XIII. ADJOURNMENT Council Member Levv made a motion to adjourn. Vice Mayor Jablin seconded. Motion passed 4-0. The meeting adjourned at 9:55 p.m. 1 2 3 4 5 6 7 8 9 The next regularly scheduled City Council meeting will be held Wednesday, September 3, 2014. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3 5, 0 APPROVED: :·:3~\ \' ' ATJ;,EST: ' ~>:.3"7 _-:;_ ;~ 4Q . ---~,~~~~~~~--------- 41 Patricia'Snider, CMC 42 City Clerk 43 44 45 --- David Levy, Council Member 46 47 48 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 MEETING 08-07-14 PAGE 5 DATE: TO: PALM B EACH G ARDENS ':4 unique place to live, learn, work & play" City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4122 psnider{a{pbgfl.com Letter of Transmittal August 8, 2014 Palm Beach C ounty Commission o n Ethics 2633 Vista Parkway West Palm Beach. FL 33411 I Re: From 8B -City Council ~our Records D F or Recording []As Requested D Returned fo r Corrections D For Review and Signature 0 Other: ------- S~oed ~~ PatriCiaSdel; cM:Cfty Clerk FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS () OTl-ER LOCAL. N3ENC'f () APPOtNTIVE 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 close 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 (olher 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 special1ax cistricts 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 falher, mother, son. daughter, husband, wire, brother, sister, father-in-law, mother-in-law, son-in-law, 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 tisclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nalure of your interest in the measure on which you are abstaining from voting; snd WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing 1his form with Ute person responsible for recording the min- utes of the meeting, who should incorporate the form in the rrinutes. • • * * • • * * * * * * * • 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 oraRy or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE AtN ATTEMPT TO INFLUENCE THE DECISION PRiOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 -EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) .. A copy of the form must be provided immeciateJy to the other members of 1he 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 filed DISCLOSURE OF LOCAL OFFICER"S INTEREST I, Name. 1l OsWj . ---..,:......,~~-__.0 ......... -......,{ ~,....:----___.__,;,_.. 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 assooiate,. ____________________ _, 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 conllicting interest in 1he measure is as follows: 1 "'-..t ~<;d~-\iCM cso,zoly l!Ja~ ~ d.QStgnak' ry\L a<; a voh(l~ ~ak ~ atlhJ nJ. -fo atbroi ~ ~3 (t( 0(' C{~~ &Jn ~(.Q_' 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, REPR IMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB-EFF. 112000 PAGE2