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Home My WebLink AboutAgenda Council Agenda 070115 CITY OF PALM BEACH GARDENS COUNCIL AGENDA WEDNESDAY, July 1, 2015 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF KAYLA ABRAMOWITZ, 13, WINNER OF THE NATIONAL YOUNG ENTREPRENEURS ACADEMY (YEA!) SAUNDERS SCHOLARSHIP. 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: a. APPROVE MINUTES FROM JUNE 4, 2015 CITY COUNCIL MEETING. b. PURCHASE AWARD - EMS THIRD PARTY BILLING SERVICES AND REPORTING c. PURCHASE AWARD – REAPPOINTMENT OF CODE ENFORCEMENT SPECIAL MAGISTRATE. d. PROCLAMATION - PARKS AND RECREATION MONTH. e. PROCLAMATION – KAYLA CARES 4 KIDS. f. PROCLAMATION - PORT OF PALM BEACH 100 YEAR CENTENNIAL ANNIVERSARY Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Premuroso Council Member Tinsley IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. ORDINANCE 7, 2015 – (2ND READING AND ADOPTION) TEMPORARY CHANGE TO MUNICIPAL ELECTION DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY CHARTER AT ARTICLE IV. SECTION 4-1. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL ELECTION TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 FEDERAL PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING SECTION 4-1 TO REVISE THE DATES FOR QUALIFYING AND FOR ANY NECESSARY RUNOFF ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF THE CHARTER OF THE CITY OF PALM BEACH GARDENS 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. b. ORDINANCE 8, 2015 – (2ND READING AND ADOPTION) AMEND THE CANDIDATE QUALIFYING PERIOD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CODE OF ORDINANCES AT CHAPTER 26. ELECTIONS, BY REPEALING SECTION 26-4. TIME FOR QUALIFYING. IN ORDER TO REVISE THE DATES FOR CANDIDATE QUALIFICATION AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 26. BY REPEALING SECTION 26-6. CALLING OF ELECTION. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL ELECTION TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 FEDERAL PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING CHAPTER 26. AT SECTION 26-24. ALTERNATIVE METHOD OF QUALIFYING. BY REPEALING SUBSECTIONS (c) AND (f) IN ORDER TO REVISE THE DATES FOR THE CANDIDATE QUALIFICATION BY PETITION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 26. 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. c. ORDINANCE 10, 2015 – (2ND READING AND ADOPTION) BUDGET AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. RESOLUTION 27, 2015 – SETTING 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 2015/2016; SETTING THE DATE, TIME, AND PLACE OF THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. CITY MANAGER EVALUATION. 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 Clerk’s Office at 561-799-4122 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 REGULAR COUNCIL MEETING PAGE 1 06-04-15 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 June 4, 2015 4 5 The regular meeting was called to order at 7:02 p.m. by Mayor Jablin. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Jablin, Vice Mayor Levy, Council Member Russo, Council Member 9 Premuroso, Council Member Tinsley. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 a. RECOGNITION OF GARDENS CUP SPONSORS. 15 b. PROJECT BRUIN. 16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 17 Vice Mayor David Levy: Attended the Ribbon Cutting for the Brown Institute Wellness and 18 Health Center for Women; Commercial Real Estate Women Function at the Doubletree Hotel; 19 Announced he was sworn in as an Executive Board member of the League of Cities. 20 Council Member Marcie Tinsley: Attended the Palm Beach Gardens High School Graduation; 21 Palm Beach Gardens High School Chorus Banquet where she received an award for Years of 22 Service; Attended the Parks and Recreation Advisory Board Regular Meeting and the Parks and 23 Recreation Advisory Board Joint Meeting with the Palm Beach Gardens Youth Athletic 24 Association; Attended the North County Neighborhood Coalition Meeting. 25 Council Member Joseph Russo: Attended the North County Economic Development Meeting; 26 Honda Classic Board Meeting; Reported Honda Classic donated over $2.5 million to charities 27 from this year’s event. 28 Council Member Robert Premuroso: Attended the We Are Dwyer Foundation event at the 29 Borland Center; Attended the PBGYAA Wine, Dine, and Music Event at Nova University; 30 Mayor Eric Jablin: Announced he was on vacation and has nothing to report. 31 VI. CITY MANAGER REPORT 32 Thanked Shawn Rowan from the Business Development Board for bringing Project Bruin to 33 Palm Beach Gardens. 34 VII. COMMENTS FROM THE PUBLIC 35 Tom Murphy, 319 Eagleton Golf Drive, Palm Beach Gardens; Steve Mathison, 226 Coral Cay 36 Trail, Palm Beach Gardens; Gary Walker, 11050 Monet Woods Road, Palm Beach Gardens; 37 Pat Hughey, 9120 Reed Drive, Palm Beach Gardens. 38 VIII. CONSENT AGENDA 39 a. APPROVE MINUTES FROM MAY 7, 2015 CITY COUNCIL MEETING. 40 b. RESOLUTION 23, 2015 – ALL ABOARD FLORIDA. A RESOLUTION OF THE CITY 41 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING ITS 42 OPPOSITION TO THE ALL ABOARD FLORIDA PROJECT DUE TO THE ADVERSE 43 IMPACTS ON THE CITY’S PUBLIC SAFETY OPERATIONS, RESIDENTIAL QUALITY 44 OF LIFE, AND THE CITY’S ECONOMY; FURTHER OPPOSING THE ISSUANCE OF A 45 $1.75 BILLION BY THE FLORIDA DEVELOPMENT FINANCE CORPORATION IN 46 PRIVATE ACTIVITY BONDS; IN THE ALTERNATIVE, SHOULD THE BONDS BE 47 ISSUED, ENCOURAGES THE FEDERAL RAIL ADMINISTRATION AND ANY OTHER 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 06-04-15 FEDERAL AGENCY TO REQUIRE ALL ABOARD FLORIDA TO PAY FOR THE COST OF 1 CONSTRUCTING QUIET ZONES AND OTHER IMPROVEMENTS TO THE FLORIDA 2 EAST COAST INDUSTRIES AT-GRADE RAILROAD CROSSINGS LOCATED WITHIN 3 THE CITY; PROVIDING AND EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4 c. RESOLUTION 25, 2015 – SETTING CITY COUNCIL MEETING DATES. A 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 6 FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS 7 FOR THE MONTHS OF SEPTEMBER AND OCTOBER, 2015; PROVIDING AN 8 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9 d. RESOLUTION 29, 2015 – PROJECT BRUIN. A RESOLUTION OF THE CITY COUNCIL 10 OF THE CITY OF PALM BEACH GARDENS, FLORIDA GRANTING CONCEPTUAL 11 APPROVAL FOR “PROJECT BRUIN” ECONOMIC DEVELOPMENT INCENTIVES; 12 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13 e. PURCHASE AWARD – ANNUAL ASPHALT MILLING AND RESURFACING. 14 f. PURCHASE AWARD - EMPLOYEE BENEFITS CONSULTING SERVICES. 15 Vice Mayor Levy made a motion for approval of the Consent Agenda. 16 Council Member Russo seconded. 17 Motion passed 5-0. 18 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 19 Those preparing to give testimony were sworn in. 20 The City Clerk read Ordinance 4, 2015 by title. 21 a. ORDINANCE 4, 2015 – (2nd READING AND ADOPTION) AMENDING CHAPTER 62. 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 23 FLORIDA REPEALING CHAPTER 62. STREETS, SIDEWALKS AND CERTAIN OTHER 24 PUBLIC PLACES. IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN 25 ORDER TO AMEND AND CLARIFY THE REGULATIONS THAT GOVERN THE USE OF 26 THE CITY’S STREETS, SWALES, RIGHTS-OF-WAY, AND PUBLIC PLACES.; 27 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY 28 TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 29 Mayor Jablin opened the Public Hearing. 30 Petitioner: None. 31 Staff presentation: No changes since first reading. 32 Public comment: None. 33 Mayor Jablin closed the Public Hearing. 34 Vice Mayor Levy made a motion to approve Ordinance 4, 2015 on second reading and 35 adoption. 36 Council Member Tinsley seconded. 37 Motion passed 5-0. 38 The City Clerk read Ordinance 9, 2015 and Resolution 19, 2015 by title. 39 b. ORDINANCE 9, 2015 – (2nd READING AND ADOPTION) AMENDING CHAPTER 70. 40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 41 FLORIDA REPEALING CHAPTER 70. TRAFFIC AND VEHICLES. IN ITS ENTIRETY 42 AND READOPTING SAME, AS REVISED, IN ORDER TO AMEND AND CLARIFY 43 REGULATIONS THAT GOVERN THE USE OF MOTOR VEHICLES WITHIN THE CITY 44 AND TO BE CONSISTENT WITH STATE LAW; PROVIDING A CONFLICTS CLAUSE, A 45 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 46 DATE; AND FOR OTHER PURPOSES. 47 Mayor Jablin opened the Public Hearing. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 06-04-15 Petitioner: None. 1 Staff presentation: No changes since first reading. 2 Public comment: None. 3 Mayor Jablin closed the Public Hearing. 4 Vice Mayor Levy made a motion to approve Ordinance 9, 2015 on second reading and 5 adoption. 6 Council Member Tinsley seconded. 7 Motion passed 5-0. 8 RESOLUTION 19, 2015 IS A COMPANION ITEM TO ORDINANCE 9, 2015 AND WILL 9 REQUIRE COUNCIL ACTION. 10 RESOLUTION 19, 2015 - REVISING THE SCHEDULE OF FEES AND CHARGES. A 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 12 FLORIDA REVISING THE SCHEDULE OF FEES AND CHARGES RELATED TO 13 CHAPTER 70 OF THE CITY’S CODE OF ORDINANCES FOR FISCAL YEAR 201 4/2015; 14 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 Mayor Jablin opened the Public Hearing. 16 Petitioner: None. 17 Staff presentation: None. 18 Public comment: None. 19 Mayor Jablin closed the Public Hearing. 20 Vice Mayor Levy made a motion to approve Resolution 19, 2015. 21 Council Member Tinsley seconded. 22 Motion passed 5-0. 23 The City Clerk ready Ordinance 7, 2015 by title. 24 c. ORDINANCE 7, 2015 – (1ST READING) TEMPORARY CHANGE TO MUNICIPAL 25 ELECTION DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 26 BEACH GARDENS, FLORIDA AMENDING THE CITY CHARTER AT ARTICLE IV. 27 SECTION 4-1. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL ELECTION 28 TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 FEDERAL 29 PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING SECTION 4-1 TO 30 REVISE THE DATES FOR QUALIFYING AND FOR ANY NECESSARY RUNOFF 31 ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND 32 SUBSECTION OF THE CHARTER OF THE CITY OF PALM BEACH GARDENS SHALL 33 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A 34 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 35 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 36 Mayor Jablin opened the Public Hearing. 37 Petitioner: None. 38 Staff presentation: City Clerk, Patricia Snider. 39 Public comment: None. 40 Mayor Jablin closed the Public Hearing. 41 Vice Mayor Levy made a motion to approve Ordinance 7, 2015 on first reading. 42 Council Member Tinsley seconded. 43 Motion passed 5-0. 44 The City Clerk read Ordinance 8, 2015 by title. 45 d. ORDINANCE 8, 2015 – (1ST READING) AMEND THE CANDIDATE QUALIFYING 46 PERIOD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 47 GARDENS, FLORIDA AMENDING THE CODE OF ORDINANCES AT CHAPTER 26. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 06-04-15 ELECTIONS, BY REPEALING SECTION 26 -4. TIME FOR QUALIFYING. IN ORDER TO 1 REVISE THE DATES FOR CANDIDATE QUALIFICATION AND READOPTING SAME, 2 AS REVISED; FURTHER AMENDING CHAPTER 26. BY REPEALING SECTION 26 -6. 3 CALLING OF ELECTION. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL 4 ELECTION TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 5 FEDERAL PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING CHAPTER 26. 6 AT SECTION 26-24. ALTERNATIVE METHOD OF QUALIFYING. BY REPEALING 7 SUBSECTIONS (c) AND (f) IN ORDER TO REVISE THE DATES FOR THE CANDIDATE 8 QUALIFICATION BY PETITION; PROVIDING THAT EACH AND EVERY OTHER 9 SECTION AND SUBSECTION OF CHAPTER 26. SHALL REMAIN IN FULL FORCE AND 10 EFFECT 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 Jablin opened the Public Hearing. 14 Petitioner: None. 15 Staff presentation: City Clerk, Patricia Snider. 16 Public comment: None. 17 Mayor Jablin closed the Public Hearing. 18 Vice Mayor Levy made a motion to approve Ordinance 8, 2015 on first reading. 19 Council Member Tinsley seconded. 20 Motion passed 5-0. 21 The City Clerk read Ordinance 10, 2015 by title. 22 e. ORDINANCE 10, 2015 – (1ST READING) BUDGET AMENDMENT. AN ORDINANCE 23 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 24 AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL 25 YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, 26 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 27 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 28 PURPOSES. 29 Mayor Jablin opened the Public Hearing. 30 Petitioner: None. 31 Staff presentation: City Manager, Ron Ferris; Finance Administrator, Alan Owens. 32 Public comment: Joel Brier, 13600 Running Water Road, Palm Beach Gardens; Sal Zambito, 33 11218 Osprey Lane, West Palm Beach; Harvey Van Norman, 3558 Wildwood Forest Court, 34 Palm Beach Gardens; Fred Markwith, 4106 Ilex Circle North, Palm Beach Gardens; Bruce 35 Bonvento, 4196 Arbor Way, Palm Beach Gardens; Margaret Rose, 10735 Grande Blvd, West 36 Palm Beach; Maria Marino, 906 Windermere Way, Palm Beach Gardens; Ken Kennerly, 3300 37 PGA Blvd #800, Palm Beach Gardens; Joel Paige, 1 Ceann Court, Palm Beach Gardens; Joan 38 Elias, 1009 Diamond Head Way, Palm Beach Gardens; Tory Buckley, 4454 Daffodil Circle 39 South, Palm Beach Gardens. 40 Mayor Jablin closed the Public Hearing. 41 Vice Mayor Levy made a motion to approve Ordinance 10, 2015 on first reading. 42 Council Member Russo seconded. 43 Motion passed 5-0. 44 The City Clerk read Resolution 11, 2015 by title. 45 f. *RESOLUTION 11, 2015 – SEACOAST BANKING CENTER. A RESOLUTION OF THE 46 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A 47 MISCELLANEOUS SITE PLAN AMENDMENT FOR THE SEACOAST BANKING 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 06-04-15 CENTRE, WHICH IS LOCATED NORTHWEST OF THE INTERSECTION OF PGA 1 BOULEVARD AND KEW GARDENS AVENUE WITHIN THE REGIONAL CENTER 2 PLANNED COMMUNITY DEVELOPMENT (PCD), IN ORDER TO ALLOW THE 3 RELOCATION OF TWO (2) EXISTING SIGNS FROM THE NORTH AND SOUTH 4 ELEVATIONS TO THE EAST AND WEST ELEVATIONS; PROVIDING CONDITIONS OF 5 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 6 Mayor Jablin opened the Public Hearing 7 Mayor Jablin asked for any ex-parte. 8 None. 9 Petitioner: Brett Leone, Cotleur and Hearing. 10 Staff presentation: None. 11 Public comment: None. 12 Mayor Jablin closed the Public Hearing. 13 Vice Mayor Levy made a motion to approve Resolution 11, 2015. 14 Council Member Tinsley seconded. 15 Motion passed 5-0. 16 The City Clerk read Resolution 20, 2015 by title. 17 g. *RESOLUTION 20, 2015 – CHURCH IN THE GARDENS. A RESOLUTION OF THE 18 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 19 ART IN PUBLIC PLACES FOR CHURCH IN THE GARDENS PLANNED UNIT 20 DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 21 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 22 PURPOSES. 23 Mayor Jablin opened the Public Hearing 24 Mayor Jablin asked for any ex-parte. 25 None. 26 Petitioner: Pastor Mark Miller, Church in the Gardens. 27 Staff presentation: Principal Planner, Dawn Sonneborn. 28 Public comment: None. 29 Mayor Jablin closed the Public Hearing. 30 Council Member Levy made a motion to approve Resolution 20, 2015. 31 Council Member Tinsley seconded. 32 Motion passed 5-0. 33 The City Clerk read Resolution 24, 2015 by title. 34 h. *RESOLUTION 24, 2015 - LA POSADA ASSISTED LIVING FACILITY. A 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 36 FLORIDA APPROVING A SITE PLAN AMENDMENT FOR THE LA POSADA SENIOR 37 ASSISTED LIVING FACILITY FOR THE BUILD -OUT OF PHASE II, LOCATED IN THE 38 REGIONAL CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), CONSISTING 39 OF A 76-BED/38-UNIT ASSISTED LIVING FACILITY. THE SUBJECT SITE IS 40 APPROXIMATELY 22.5 ACRES AND IS LOCATED SOUTH OF VALENCIA GARDENS 41 AVENUE, EAST OF WESTPORT DRIVE, NORTH OF GARDENS PARKWAY, AND WEST 42 OF SAN CRISTOBAL GARDENS AVENUE, AS MORE PARTICULARLY DESCRIBED 43 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; 44 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 45 Mayor Jablin opened the Public Hearing 46 Mayor Jablin asked for any ex-parte. 47 None. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 06-04-15 Petitioner: Dodi Glas, Gentile, Glas, Hollaway, O’Mahoney and Associates 1 Staff presentation: None. 2 Public comment: None. 3 Mayor Jablin closed the Public Hearing. 4 Vice Mayor Levy made a motion to approve Resolution 24, 2015. 5 Council Member Tinsley seconded. 6 Motion passed 5-0. 7 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 8 a. DISCUSSION REGARDING CITIZEN SURVEY RESULTS. 9 Council Member Tinsley asked the City Council to consider alternate means of transportation 10 based on the results of the Citizen Survey i.e. trolley system; Discussion ensued. 11 b. NORTH COUNTY DISTRICT PARK 12 Council Member Tinsley discussed options for the County’s District Park; Discussion ensued. 13 XII. CITY ATTORNEY REPORT 14 City Attorney Max Lohman provided a status on the development and Board of County 15 Commissioners approval on the PGA Waterfront Project. Discussion ensued. 16 Vice Mayor Levy made a motion to authorize the City Attorney to file a Writ of Petition for 17 Certiorari to challenge the Board of County Commissioners approval of the PGA Waterfront 18 Project. 19 Council Member Russo seconded. 20 Motion passed 5-0. 21 22 (The remainder of this page intentionally left blank.) 23 24 25 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 06-04-15 XIII. ADJOURNMENT 1 Vice Mayor Levy made a motion to adjourn. 2 Council Member Tinsley seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 9:59 p.m. 5 The next regularly scheduled City Council meeting will be held Wednesday, July 1, 2015. 6 7 APPROVED: 8 9 10 11 Eric Jablin, Mayor 12 13 14 15 David Levy, Vice Mayor 16 17 18 19 Joseph R. Russo, Council Member 20 21 22 23 Robert J. Premuroso, Council Member 24 25 26 27 Marcie Tinsley, Council Member 28 29 30 31 32 33 34 35 ATTEST: 36 37 38 39 40 Patricia Snider, CMC 41 City Clerk 42 43 44 45 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 46 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 PALM BEACH GARDENS ':4 unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage, Vendors List, and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Request for Proposals CONTRACT NO.: RFP2012-004FR TITLE: EMS-Third-Party Billing and Reporting Services DEPARTMENT: Fire Rescue DATE ADVERTISED: 5/6/2012 BIDS/PROPOSALS DUE DATE: 6/1/2012 WAS SOLICITATION OPENLY COMPETED? Yes RESPONSES RECEIVED: Four (4) FUNDING ACCOUNT INFORMATION: 001.1200.522.3400 CONTRACT VALUE: Two Hundred Thousand Dollars ($200,000) CONTRACT TERM: Two (2) Years OPTIONS TO RENEW: None VENDOR(S): ADPI, lnc./lntermedix BACKGROUND: In August 2012, the City awarded a Contract to ADPI, lnc./lntermedix under RFP2012-004FR to perform the services of EMS-Third-Party Billing and Reporting Services for the Fire Rescue Department. The Contract Term is three (3) years, with the Option to Renew for another two (2) years at the discretion of the City. The current Contract will expire on July 31, 2015. COMMENTS: The City is exercising its option to renew the Contract and Agreement for an additional two (2) years, but without the Reporting Services. The City will contract separately with another vendor for the Reporting Services based on Fire Rescue research which has shown that those services may be obtained elsewhere at a lower cost. The Contract amount of $200,000 is an estimated value for the two-(2) year Contract term. Michael Southard Purchasing Km! Ra Finance Allan Owens D NOT APPROVED D DEFERRED OR DESIGNEE DATE jh--y{.c PALM BEACH GARDENS 'if unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF PALM BEACH GARDENS AND ADVANCED DATA PROCESSING, INC. (ADPI) FOR EMERGENCY MEDICAL SERVICES-THIRD-PARTY BILLING AND REPORTING SERVICES AGREEMENT NO. RFP2012-004FR THIS AMENDMENT NO . 1 is made and entered into this __ day of ________ , 2015 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Advanced Data Processing, Inc., dba lntermedix, a Florida corporation (hereinafter referred to as "Contractor"), whose principal address is 6451 North Federal Highway, Suite 1000 , Fort Lauderdale, Florida 33308. WHEREAS, the City executed an Agreement with the Contractor, under Request for Proposals No. RFP2012-004FR, for the provision of Emergency Medical Services- Third-Party Billing and Reporting Services; and WHEREAS, the Agreement became effective on August 9, 2012 , and expires on July 31 , 2015, with an option to renew for an additional two (2) years at the City 's sole discretion ; and WHEREAS, in accordance with Section 3.28 of the RFP , the City and the Contractor may mutually amend and modify the Agreement. NOW, THEREFORE , in consideration of the mutual covenants and promises hereafter set forth , the Contractor and the City agree to amend the Agreement as follows: 1. The City and the Contractor agree to renew the Agreement for an additional two (2) years , effective August 1, 2015, and expiring July 31 ,2017 . 2 . The City and the Contractor agree that as of the effective date of this Amendment the Contractor shall no longer provide EMS reporting services to the City under the Agreement. The City shall exercise its discretion and right to contract for EMS reporting services elsewhere . Page 1 of 3 City of Palm Beach Gardens Agreement No. RFP2012-004FR Amendment No. 1 Emergency Medical Services -Third-Party Billing and Reporting Services 3. All terms, covenants, and conditions of the Agreement and any addenda, modifications, or amendments thereto shall remain in full force and effect, except to the extent herein amended or modified. (The remainder of this page intentionally left blank) Page 2 of 3 City of Palm Beach Gardens Ag ree ment No. RFP2012-004FR Amen dment No . 1 Emergency Medical Services -Third-Party Billing and Rep orting Services IN WITNESS WHEREOF , the parties hereto have execu te d this Am e ndment No. 1 as of the date hereinabove first written . CITY OF PALM BEACH GARDENS , FLORIDA By: ____________________ _ Eric Jabl in , Mayo r ATTEST: By : ____________ _ Patricia Snider, CMC , City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY D ADVANCE T A PROCESSING , INC., DBA INTERME IX By: ____ '-:----=--------=-=-:---:-------- Michael Wallace , EVP & Chief Financ ial Office r \\pbgsnas\Attorney\attorney_share\AGREEMENTS\2015\ADPI dba lntermedix-RFP2012-004FR Amendment No 1.docx Pag e 3 of 3 PALM BEACH GARDENS ':4 unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: In de pe ndent Co nt racto r Agre em e nt TITLE: Speci al Magistr ate Agreem ent DATE ADVERTISED: N/A WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: 304 .1400.S15.6900 CONTRACT TERM: Three (3) Years VENDOR(S): KEVIN M. W A GN ER CONTRACT NO.: N/A DEPARTMENT: Community Services BIDS/PROPOSALS DUE DATE: N/A RESPONSES RECEIVED: N/ A CONTRACT VALUE: Estimated at Seventee n Th o usand Dollars ($17,000) OPTIONS TO RENEW: N/A BACKGROUND: Section 2-211 of the City's Code of Ordinances provides that the City Council shall appoin t a Code Enfo rcement Sp ecial Magist r ate by a m ajority vote. Mr. Kevin M. W agner has served as Code Enforcement Special Magistrate since Decem ber 7, 2000. Staff r eco m m e nd s that Mr. W agner be rea p pointed to serve in this capa city for a three-(3) year term. Allan Owens Km! Ra 0 DEFERRED DATE I I PAL M B EACH GARDENS ':4 unique place to live, learn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl 33410 AG REEMENT FOR SPECIAL MAGISTRATE SERV IC ES THIS AGREEMENT is made and entered into this __ day of , 2015 (the "effective date"), by and between the C ity of Palm Beach G a rd e ns, a municipal corporation organized and existing under the laws of the State of Florida ("City"), whose address is 10500 North Military Trail , Palm Beach Gardens , Florida 33410 , and Kev in M. W a gner ("Wagner"), individually, whose address is 8129 Bautista Way , Palm Beach Gardens , Florida 33418. W HEREAS , the City wishes to retain the services of Wagner to serve as the City 's Code Enforcement Special Magistrate . NOW, THEREFORE , in consideration of the promises , mutual covenants , conditions , provisions , and undertakings herein contained , and for other good and valuable consideration , the parties do mutually covenant and agree with each other as follows : SECTION 1. DUTIES A. Wagner shall serve as the City 's Code Enforcement Special Magistrate at all scheduled Code Enforcement hearings in accordance with Chapter 2 , Article IV, Div ision 1 of the City's Code of Ordinances and shall devote such time as is necessary to perform the duties therein . B. Wagner shall exercise all authority granted by Section 2-213 of the City 's Code of Ordinances . SECTION 2 . TERMS AND TERMINATION A. This Agreement shall remain in effect for a period of three (3 ) years , unless terminated earlier. B. This Agreement may be terminated at any time by either party , for any or no reason , by serving notice on the other party in accordance with Section 5 herein . Such notice shall be effective on the day it is delivered or mailed . C. In the event of termination , Wagner will be compensated for all services actually performed prior to the date of termination . Page 11 of 4 SECTION 3. INDEPENDENT CONTRACTOR City of Palm Beach Gardens Agreement for Special Magistrate Services A. The parties acknowledge and agree that the City is retaining Wagner as an independent contractor , and Wagner shall not, for any purpose, be considered a City employee. The parties stipulate that this Agreement is not an employment contract and does not create an employer/employee or principal/agent relationship , nor will such a relationship be created by reason of Wagner's performance of the services herein specified . B. Wagner is responsible for providing a professional service, and Wagner will be solely responsible for all payroll taxes, including , but not limited to, federal income tax, FICA, and federal and state unemployment taxes. Wagner will be responsible for the filing of an IRS Form 1099 and the payment of applicable self-employment taxes. SECTION 4. COMPENSATION A. As compensation for performing the services contemplated by this Agreement, the City will pay Wagner the sum of One Hundred Fifty Dollars ($150.00) for each hour worked . B. The City shall pay Wagner on a monthly basis, upon receipt of an invoice detailing all services performed and the amount of time expended to the nearest one-tenth ( 1/1 0) of an hour. SECTION 5. NOTICES A. All written notices required under, or contemplated by, this Agreement shall be hand delivered , telecommunicated , mailed by certified mail, return receipt requested , or delivered by overnight courier to the following addresses: As to the City: City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn : City Manager As to Wagner: Kevin M. Wagner 8129 Bautista Way Palm Beach Gardens, Florida 33418 Page 12 of 4 SECTION 6. GENERAL PROVISIONS City of Palm Beach Gardens Agreement for Special Magistrate Services A. This Agreement shall constitute the entire understanding between the parties and shall be modified and amended only in writing and executed with the same formalities as the original. B. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid , or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected , and shall remain in full force and effect. C . This Agreement may not be assigned without the prior written consent of all parties to this Agreement. (The remainder of this page intentionally left blank) Page 13 of 4 '---------------------~- City of Palm Beach Ga rdens Agreement for Special Mag istrate Services IN W ITN ESS WHEREO F, the parties hereto have executed this Ag reement as of the date he reinabove first w ri tten . ATTEST: By: __________ _ Patricia Snid e r, CMC , City Cl erk WITNESSES: sy: +sCf.~(!>vxe Jq_ :~-~ Print Name : lWi ~ kJ l'A))( CITY OF PALM BEACH GARDENS , FLORIDA By: ________________ _ Eric Jablin , Mayo r \\pbgsnas\Attorney\attorney_share\AGREEMENTS\2015\special magistrate agreement 2015.doc Page 14 of 4 Attest: CITY O F PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WH E R EAS , parks and recreation programs enhance our quality of life by contributing to a healthy lifestyle, increasing communication skills, building self esteem, teaching life skills and providing places for enjoyment; and WHE REA S , parks and recreation programs boost the economy, enhance property values, attract new business, increase tourism and reduce crime; and WHEREA S , recreation builds family unity, strengthens neighborhood involvement, offers opportunity for social interaction, enhances education, develops creativity, and promotes cultural diversity; and WHE REAS, each year since 1985, Americans have celebrated national Park and Recreation Month during the month of July to recognize the importance of parks and recreation which provides affordable, family-friendly activities; and WHEREAS, Florida recognizes the benefits derived from quality public and private recreation and park resources at the local and state levels; and WHE REA S , the National Recreation and Park Association and the Florida Recreation and Park Association designated July as Parks and Recreation Month ; N OW, THEREFORE, /, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of July 2015 as PARKS AND RECREATION MONTH in the City of Palm Beach Gardens and do hereby extend greetings and best wishes to all observing July 2015 as Parks and Recreation Month. 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 1st day of July in the year Two Thousand and Fifteen. Eric Jab/in , Mayor Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Kay/a Abramowitz, a 13-year-old from southeast Florida was honored June 9, 2015 for her entrepreneurial spirit, securing $30,000 in college scholarships after presenting plans for a non-profit designed to boost the spirits of hospitalized kids; and WHEREAS, Kay/a is the founder and Chief Kid Officer of Kay/a Cares 4 Kids, a non-profit organization that collects and distributes entertainment items for hospitalized children; and WHEREAS, Kay/a, recently completed 7th grade in Palm Beach Gardens, Florida, and was named the winner of the National Young Entrepreneurs Academy (YEA!) Saunders Scholarship competition, beating out five other finalists invited to pitch their businesses to a panel ofjudges at the U.S. Chamber of Commerce's America's Small Business Summit in Washington, DC; and WHEREAS, Kay/a won over judges with her business plan for Kay/a Cares 4 Kids, a non-profit organization that collects and donates entertainment and educational materials, such as DVDs and video games, to hospitals; and WHEREAS, what began as a single collection of 100 DVDsfor a Miami hospital has blossomed into a major enterprise, with more than 8,300 DVDs, books, video games and electronics collected and donated to hospitals, medica/facilities and Ronald McDonald Houses in 45 states since 2013; and WHEREAS, she learned valuable business skills in building the non-profit through the YEA! Chapter sponsored by the Northern Palm Beach Chamber of Commerce. YEA! is supported by the U.S. Chamber of Commerce Foundation and Sam's Club; and WHEREAS, Kay/a's persona/life experience dealing with health issues motivated her to bring comfort to other children facing similar challenges; and WHEREAS, Kay/a has received numerous honors for her charitable work, including but not limited to: Young Entrepreneurs Academy 2015 National Finalist, Young Entrepreneurs Academy 2015 Southern Regional First Place, Young Entrepreneurs Academy 2015 Northern Palm Beach County Chamber of Commerce Investors Panel First Place, Hasbro Community Action Hero Award, Palm Beach County Medical Society Outstanding Young Leader Award, Presidents's Volunteer Service Award 2014 Gold Level; and WHEREAS, the mission of Kayla Cares 4 Kids is to help sick kids feel better one smile at a time. NOW, THEREFORE, /, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby honor and congratulate Kay/a Abramowitz for her love, devotion and accomplishments to : Attest: Patricia Snider, CMC, City Clerk KAYLA CARES 4 KIDS IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Palm Beach Gardens, Florida, to be affixed on this JS1 day of July in the year Two Thousand and Fifteen. Eric Jablin, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHE REA S, in this year of2015 we commemorate the Port of Palm Beach and its 100 years of community partnership and development; and WHEREAS , through its internship program the port has aided in the development of community youth and area students giving them the tools and knowledge to be the leaders of tomorrow; and WHE REAS, through the Port's sponsorship and participation in community issue-based walks, runs , fundraisers and initiatives, the port has helped bring relief and awareness to the issues facing both our local and global communities; and WHEREAS, in the Port's goal of improving and empowering the lives of area youth through its annual Holiday Toy Drive , educational tours and school lecturers; and WHE REAS, with its dedication to clean beaches, lagoons , and waterways through annual island cleanups; and WHEREAS , being one of the largest area employers and thus its participation in local job fairs ; and WHE R EAS, its steadfast relief and aide efforts of its Caribbean neighbors following hurricanes and tropical storms . NOW, THEREFORE, I, Eric Jablin , by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens , Florida, do hereby recognize and congratulate the Port of Palm Beach in July 2015 on its ; 100 YEAR CENTENNIAL ANNIVERSARY Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHE R E OF, I have hereunto set my hand and caused the Seal ofthe City of Palm Beach Gardens, Florida, to be affzxed on this JS' day of July in the year Two Thousand and Fifteen. Eric Jab/in, Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date : July 1, 2015 Ordinance 7, 2015 Subject/Agenda Item: Temporary Date Change to the Uniform Mun icipa l Election (X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Submitted by: Department Director (~c atnc1a mder, , City Clerk Originating Dept.: City Clerk Pa~M C , City Clerk Advertised : NA Date : June 16, 2015 Paper: Palm Beach Post [ 1 Not Required Affec ted parties r-------------~ Approved by: [ ] Notified [ 1 Not required Costs: $ ___ 0--:-:---_ (Total) $.__,---=-- C urrent FY Funding Source: [ 1 Operating [x 1 Other N/A Contract/Agreement: Effective Date: ___ .N/A. _____ _ Expiration Date: ___ N,/A .. ___ _ Budget Acct.#: Council Action : 1 Approved 1 A pproved w/ Conditions 1 Denied ] Continued to: Attachment s : • Ordinance 7 , 2015 • April 1 0 , 2015 Memorandum from PB County SOE Meeting Date: July 1, 2015 Ordinance 7, 2015 Page 2 of2 BACKGROUND: Section 4-1 of the City Charter establishes the date for City municipal elections as the second Tuesday of March and the fourth Tuesday of March for any necessary runoff election in the calendar year of 2016. In March 2015, the Florida Legislature established the date of the Federal Presidential Preference Primary (PPP) as the third Tuesday of March-March 15, 2016. Governor Scott has approved and signed the date into law. Though moving the dates of the City's 2016 municipal election requires an amendment to Article IV, Section 4-1 fthe City Charter, Sections 100.3605, 101 .75, and 166.021 , Florida Statutes, permits the City to amend its Charter in order to change the date of its municipal election and associated qualifying period by ordinance and without referendum. In an April10, 2015 memorandum to the Municipal Clerks of Palm Beach County, Susan Bucher, Palm Beach County Supervisor of Elections (SOE) is requiring all municipalities to move their municipal election date to March 15, 2016 to coincide with the federal Presidential Primary election. Ms. Bucher has informed us that the voting equipment currently used by the elections office only allows input of one election cycle at a time. Holding elections one week apart would not allow enough time for Ms. Bucher to perform the tasks required by law preceding each election, i.e. programming voting machines, arranging the translation of ballots, preparing absentee ballots and sample ballots, delivery and pick up of voting equipment, preparing precinct scanners and ADA equipment and tabulation of the final election results. CITY COUNCIL: On June 4, 2015, the City Council approved Ordinance 7 , 2015 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 7 , 2015 as presented on second reading. 1 ORDINANCE 7, 2015 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE CITY CHARTER AT 6 ARTICLE IV. SECTION 4-1.1N ORDER TO MOVE THE DATE OF THE 7 2016 MUNICIPAL ELECTION TO THE THIRD TUESDAY OF MARCH 8 TO COINCIDE WITH THE 2016 FEDERAL PRESIDENTIAL PRIMARY 9 ELECTION; FURTHER AMENDING SECTION 4-1 TO REVISE THE 10 DATES FOR QUALIFYING AND FOR ANY NECESSARY RUNOFF 11 ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION 12 AND SUBSECTION OF THE CHARTER OF THE CITY OF PALM 13 BEACH GARDENS SHALL REMAIN IN FULL FORCE AND EFFECT 14 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, 15 A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 16 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17 18 19 WHEREAS, Article IV, Section 4-1 of the City Charter establishes the date for City 20 municipal elections as the second Tuesday of March of each year in which there is a City 21 municipal election, establishes the date for any necessary runoff election as the fourth 22 Tuesday of March, and further establishes the date for qualifying for City municipal 23 elections as the last fifteen (15) days of January in the year of the election ; and 24 25 WHEREAS, in the year 2016, the federal presidential primary election will fall on 26 the third Tuesday of March; and 27 28 WHEREAS, the City Council desires to move the City's 2016 municipal election to 29 the third Tuesday of March in order to coincide with the federal presidential primary 30 election, and to adjust the dates for the associated qualifying period and any necessary 31 runoff election accordingly; and 32 33 WHEREAS, moving the dates of the City's 2016 municipal election , qualifying 34 period , and runoff election requires an amendment to Article IV. Section 4-1. of the City 35 Charter; and 36 37 WHEREAS, Sections 100.3605, 101 .75, and 166.021, Florida Statutes, permit the 38 City to amend its Charter in order to change the date of its municipal election and 39 associated qualifying period by ordinance and without referendum ; and 40 41 WHEREAS, the City Council deems approval of this Ordinance to be in the best 42 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 43 Beach Gardens. 44 45 46 Page 1 of 4 Ordinance 7, 2015 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing facts and recitals set forth hereinabove are hereby 5 adopted and incorporated by reference as if fully set forth herein. 6 7 SECTION 2. The Charter of the City of Palm Beach Gardens, Florida is hereby 8 amended at Article IV. Section 4-1 . Election; terms, general elections; filing fees; notice; 9 runoff elections. in order to change the date of the 2016 municipal election to the third 10 Tuesday of March to coincide with the federal presidential primary election , and to revise 11 the dates for the associated qualifying period and any necessary runoff election; providing 12 that Section 4-1 . shall hereafter read as follows: 13 14 ARTICLE IV: THE CITY COUNCIL 15 16 Section 4-1. Election; terms, general elections; filing fees; notice; runoff elections. 17 18 The elective officers under this Charter shall be the five (5) members of the city 19 council. The selection of members of the city council shall be by groups to be known as 20 Groups 1, 2, 3, 4 and 5. The council members in Groups 2 and 4 shall, in the year 1977, 21 be elected for a term of three (3) years, and for three-year terms thereafter; council 22 members in Groups 1, 3 and 5 shall be elected for a term of three (3) years in the year 23 1978 and for three-year terms thereafter. The term of office of council members shall 24 commence on the first regularly scheduled meeting of the city council following date of 25 their election and shall continue for three (3) years thereafter until their successors are 26 elected and qualified . No individual shall be elected to the office of council member for 27 more than two (2) consecutive full terms. Service in a term of office which commenced 28 prior to the effective date of any term limit enacted on council members will be credited 29 against any term limitation approved by the Palm Beach Gardens' electorate. 30 31 General elections shall be held on the second Tuesday of March. except in year 2016. 32 when the election shall be held on the third Tuesday of March to coincide with the federal 33 presidential primarv. Any candidate seeking election as council member shall file with 34 the city clerk a written notice to such effect during the last fifteen (15) calendar days of 35 January in the year of the election, except in the year 2016. when the written notice shall 36 be filed during the last fifteen (15) days of November, 2015, and shall pay such filing fee 37 as shall be set by ordinance. Such notice shall state the number of the group to which he 38 or she seeks to be elected, and any other data required by ordinance. All candidates and 39 council members shall be electors of the city. Whenever a general or special election is 40 held to fill any elective office in the City of Palm Beach Gardens, the candidate receiving 41 a majority of the votes cast at such election to fill such office shall be declared to be duly 42 elected ; provided that in the event no candidate for a particular elective office shall receive 43 a majority of the votes cast for such election to fill such office, then a runoff election shall 44 be held on the fourth Tuesday in March of the same calendar year said general election 45 was held. except for the year 2016, when any required runoff election shall be held on 46 the fifth Tuesday of March; and in the event a special election is held, and a runoff election Page 2 of 4 Ordinance 7, 2015 1 is required, then said runoff election shall be held two (2) weeks from date of said original 2 special election; provided further, that in such event only the names of the two (2) 3 candidates having received the greatest number of votes in the general or special election 4 for such office shall be submitted to the voters and the one of these two (2) receiving the 5 majority number of votes in such runoff election shall be declared to be duly elected to 6 such office; provided further, that should two (2) or more candidates receive an equal 7 number of votes to any such office, so that it cannot be determined which two (2) had 8 received the greatest and the next greatest number of votes, then the names of all such 9 candidates shall be submitted at the runoff election and the candidate receiving the 10 greatest number of votes at such election shall be declared elected to such office, 11 regardless of whether such candidate received a majority of the votes cast to fill such 12 office at such runoff election. 13 14 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 15 hereby repealed. 16 17 SECTION 4. Should any section or provision of this Ordinance or any portion 18 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 19 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 20 21 SECTION 5. Specific authority is hereby given to codify this Ordinance. 22 23 SECTION 6. This Ordinance shall become effective immediately upon adoption. 24 25 26 (The remainder of this page intentionally left blank) 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 3 of 4 1 .f 2 3 4 5 6 7 8 9 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 7 , 2015 PASSEDthis 1/:-fh dayof ~· , 2015, upon first reading . PASSED AND ADOPTED this __ day of ------' 2015, upon second and final reading . CITY OF PALM BEACH GARDENS BY: ---------------------------Eric Jablin, Mayor David Levy , Vice Mayor Joseph R. Russo, Councilmember Robert G. Premuroso, Councilmember Marcie Tinsley, Councilmember ATTEST: BY: ---------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------------------R. Max Lohman, City Attorney FOR AGAINST ABSENT \\pbgsnas\Attorney\attorney_share\ORDINANCES\2015\0rdinance 7 2015 Amending Election Date-Charter.docx Page 4 of 4 Palm Beach County f<e<.·et ~-13-ts- 240 SOUTH MIUTARY TRAIL WEST PALM BEACH , FL 3341 5 POST OFFICE BOX 22308 WEST PALM BEACH. FL 3341 6 SUSAN BUCHER TELEPHONE: C561J 656-8200 FAX NUMBER: (561 J 656-62B7 WEBSITE: www.pbcelections.org Supervisor of Elections TO: FROM: RE: DATE: MEMORANDUM Municipal Clerks of Palm Beach County Susan Bucher, Palm Beach County Supervisor of Election~ 2016 Presidential Preference Primary and Municipal Elections Date of March 15, 2016 APRillO, 2015 The Florida Legislature has changed the date of the Presidential Preference Primary to March 15, 2016. I have been asked to provide documentation regarding the need to change Municipal Elections in 2016 to the Presidential Preference Primary Election date of March 15, 2016. The voting equipment currently utilized by the Palm Beach County Supervisor of Elections Office only allows input of one election cycle at a time; from beginning of preparation of the ballot, through final election results. Therefore, the voting system will not be available to conduct Municipal Elections on the usual second Tuesday in March, known as the Uniform Municipal Election Date. As a result of current state and federal laws that require overseas and military absentee ballots to be mailed 45 days prior to state or federal elections, we will need to prepare ballots and have our first large mailing of ballots preprinted as soon as the law requires the state to provide the names of the Presidential Preference Primary candidates. F.S. 103.101(3} requires the Department of State to certify to each supervisor the name of each candidate for political party nomination to be printed on the ballot no later than 12/15/15; therefore, the deadline for municipal candidate names will also be on 12/15/15. If your municipality intends to have ballot questions on the ballot, the deadline to provide the language for ballot questions to the supervisor will be 12/11/15, so that we may provide time for the ballot language to be interpreted, as required by law. In accordance with F.S . 101.75, the law allows the governing body of a municipality, by ordinance, to move the date of any municipal election, to change the dates for candidate qualifying and the term of office for any elected municipal official to a date concurrent with any statewide or countywide election, as provided by relevant municipal charter or ordinance. I have provided the attached calendar of dates and copies of the laws for your review. If I may provide any additional information, please do not hesitate to contact me. PRESIDENTIAL PREFERENCE PRIMARY ELECTION MARCH 15, 2016 CALENDAR Deadline for municipal ballot questions (ti me to FRIDAY, DECEMBER 11, 2015 get interpreted). State to provide candidate names per F.S. 103.10 1 TUESDAY, DECEMBER 15, 2015 and deadline for municipa l candidate names. Send UOCAVA absentee ba llots (45 days is FRIDAY, JANUARY 29, 2016 January 30, 2016). TUESDAY, FEBRUARY 9, 2016 Send civil and domestic absentee ballots (35 days). TUESDAY, MARCH 15, 2016 Presidential Preference Primary ' Statutes & Constitution :View Statutes : Online Sunshine Select Year: 12014 ~-~.91 The 2014 Florida Statutes T1tle IX EL ECTORS AND ELECTIONS Chapter 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES AND MEMBERS 103.101 Presidential preference primary.-- Page 1 of2 View Entire Chapter (1) Each political party other than a minor political party shall, at the presidential preference primary, elect one person to be the party's candidate for nomination for President of the United States or select delegates to the party's national nominating convention, as provided by party rule. The presidential preference primary shall be held in each year the number of which is a multiple of 4 on the first Tuesday that the rules of the major political parties provide for state delegations to be allocated •without penalty. Any party rule directing the vote of delegates at a national nominating convention shall . . . . . reasonably reflect the results of the presidential preference primary, if one is held. (2) By November 30 of the year preceding the presidential preference primary, each political party shall submit to the Secretary of State a ·ust of its presidential candidates to be placed on the presidential preference primary ballot or candidates entitled to have delegates appear on the presidential preference primary ballot. The Secretary of State shall prepare and publish a list of the names of the presidential candidates submitted not later than on the first Tuesday after the first Monday in December of the year preceding the presidential preference primary. The Department of State shaH immediately notify each presidential candidate listed by the Secretary of State. Such notification shall be in writing, by registered mail, with return receipt requested. (3) A candidate's name shall be printed on the presidential preference primary ballot unless the candidate submits to the Department of State, prior to the second Tuesday after the first Monday in December of the year preceding the presidential preference primary, an affidavit stating that he or she is not now, and does not presently intend to become, a candidate for President at the upcoming nominating convention. If a candidate withdraws pursuant to this subsection, the Department of State shall notify the state executive committee that the candidate's name will not be placed on the ballot. The Department of State shalL no later than the third Tuesday after the first Monday in December of the year preceding the presidential preference primarf, certify to each supervisor of elections the name of each candidate for political party nomination to be printed on the ballot. (4) The names of candidates for political party nominations for President of the United States shall be printed on official ballots for the presidential preference primary election and shall be marked, counted, canvassed, returned, and proclaimed in the same manner and under the same conditions , so far as they are applicable, as in other state elections. If party rule requires the delegates' names to be printed on the official presidential preference primary ballot, the name of the presidential candidates for that political party may not be printed separately, but the ballot may reflect the presidential candidate tQ whom the delegate is pledged. If , however, a political party has only one presidential candidate, neither the name of the candidate nor the names of the candidate's delegates shall be http://www.leg.state.fl.us/statutes/index.efm? App _mode= Display_ Statute& Search_ String=... 3/16/2015 . Statutes & Constitution :View Statutes : Online Sunshine Page 2 of2 printed on the ballot. (5) The state executive committee of each party, by rule adopted at least 60 days prior to the presidential preference primary election, shall determine the number, and establish procedures to be followed in the selection, of delegates and delegate alternates from among each candidate's supporters. A copy of any rule adopted by the executive committee shall be filed with the Department of State within 7 days after its adoption and shall become a public record. The Department of State shall review the procedures and shall notify the state executive committee of each political party of any ballot limitations. (6) All names of candidates or delegates shall be listed as directed by the Department of State. Hfstory.-s. 3, ch. 6469, 1913; RGS 301; CGL 357; ss. 1, 2, 3, ch . 22058, 1943; s. 1, ch. 22729, 1945; s. 1, ch . 25235, 1949; s. 7, ch. 26870, 1951; s. 1, ch. 29947, 1955; s. 4, ch. 67-353; ss. 10, 35, ch. 69-106; s. 2, ch . '71-236; s. 2, ch. 75 -246; s. 1, ch. 77-174; s. 32, ch . 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32, ch. 89-338; s. 15, ch. 91·45; s. 608, ch. 95- 147; s. 28, ch. 2001-40; s . 3, ch. 2007-30; s. 27, ch . 2008-95; s . 47, ch. 2011-40; s. 28, ch. 2012-116; s . 20, ch. 2013-57. Note.-Former ss. 102.03, 102.72. Copyright e 1995-2015 The Ronda \.egis\ature • Privacy Statement • Contact Us http:/ /www.leg.state.:fl. us/statutes/index.cfm? App _mode= Display_ Statute&Search _String=... 311612015 ' Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 1 Select Year: The 2014 Florida Statutes Chapter 101 View Entire Chapter Tit\e IX ELECTO RS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.75 Municipal elections; change of dates for cause.- {1) In any municipality, when the date of the municipal election falls on the same date as any statewide or county election and the voting devices of the voting system used in the county are not available for both elections, the municipality may provide that the municipal election may be held within 30 days prior to or subsequent to the statewide or county election. (2} The date of the municipal election shall be set by the municipality by ordinance. (3) Notwithstanding any provision of local law or municipal charter, the governing body of a municipality may, by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election. The dates for qualifying for the election moyed by the passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected municipal offfcial shall commence as provided by the relevant municipal .charter or ordinance. History.-ss. 1, 2, ch. 59·493; s. 1, ch. 76·68; s. 24, ch. 77-175;,.s. 5, ch. 92-16; s . 26, ch. 2001-40; s. 4, ch. 2007-30; s. 23, ch. 2008·95; s. 42, ch. 2011-40. Note.-Formeq. 104.45!. Copyright <0 1995-2015 The Rorida legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.efm? App _mode= Display_ Statute& Search_ String=... 3/16/20 15 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 1, 2015 Ordinance 8, 2015 Subject/Agenda Item: Amending the candidate qualifying periods for the Alternative Method (Petition) and Filing Fee Methods. [X] Recommendation to APPROVE [ Recommendation to DENY Reviewed by: R. Max Lohman, Esq. Submitted by: Department Director .42k/ Patricia Snider, CMC, City Clerk Originating Dept.: City Clerk Patricia Snider, CMC, City Clerk Advertised: NA Date: June 16, 2015 Paper: Palm Beach Post [ ] Not Required Affected parties ~--------------~ Approved by: [ ] Notified Costs: $ __ 0 __ (Total) $~---~- CurrentFY Funding Source: [ ] Operating [x] Other N/A Contract/Agreement: Effective Date: ___ N./A. __ _ Expiration Date: ___ N/A. __ _ Budget Acct.#: Council Action: [ ) Approved [ 1 Approved w/ Conditions 1 Denied ] Continued to: Attachments: • Ordinance 8, 2015 • April 10, 2015 Memorandum from PB County SOE Meeting Date: July 1, 2015 Ordinance 8, 2015 Page 2 of2 BACKGROUND: Section 4-1 of the City Charter establishes the date for City municipal elections as the second Tuesday of March and the fourth Tuesday of March for any necessary runoff election in the calendar year of 2016 . In March 2015 , the Florida Legislature established the date of the Federal Presidential Preference Primary (PPP) as the third Tuesday of March -March 15 , 2016. Governor Scott has approved and signed the date into law. Though moving the dates of the City's 2016 municipal election requires an amendment to Article IV, Section 4-1 f the City Charter, Sections 100 .3605 , 101 .75, and 166.021 , Florida Statutes, permits the City to amend its Charter in order to change the date of its municipal election and associated qualifying period by ordinance and without referendum . In an April 10, 2015 memorandum to the Municipal Clerks of Palm Beach County , Susan Bucher, Palm Beach County Supervisor of Elections (SOE) is requiring that all municipalities change the dates of their candidate qualifying in order for her to meet the statutory requirements for mailing overseas and military absentee ballots . The Supervisor of Elections has set the PPP calendar as follows: Friday , December 11 , 2015 Tuesday,December15,2015 Friday , January 29 , 2016 Tuesday, February 9 , 2016 Tuesday , March 15 , 2016 Deadline for municipal ballot questions (time to get interpreted) State to provide candidate names per F.S. 103 .101 and deadline for municipal candidate names . Send absentee ballots 45 days prior to state or federal elections in accordance with USCAVA (The Uniform and Overseas Citizens Absentee Voting Act) (45 days is Saturday, January 30, 2016. Send civil and domestic absentee ballots (35 days) Presidential Preference Primary Election Day Our current qualifying dates for the Alternative Method (Petition) and Filing Fee Method would not allow the SOE to be within the required timeline for sending overseas or domestic ballots, therefore, the following qualifying periods are proposed for consideration. Section 26-24 Alternative Method of Qualifying: Current Filing Requirements: • Any time after the first Monday in December of the year prior to the year in which the election is to be held, but prior to noon on the second Monday of January of the year in which the election is to be held . Current Dates: • Begins Monday, December 7 , 2015 at 8:00a.m. (first Monday) • Ends Monday, January 11 ,2016 prior to Noon (second Monday) Proposed Filing Requirements: • Any time on or after the third Tuesday in September 2015, but prior to noon on the second Monday in October 2015. • Proposed Dates: • Begins Tuesday, September 15, 2015 at 8:00 a.m. (third Tuesday) • Ends Monday, October 12, 2015 prior to Noon (second Monday) Each candidate shall submit the petitions for verification to the city clerk no later than noon of the 35th day preceding the first day of qualifying (October 12, 2015). Section 26-4 Time for qualifying (Filing Fee Method) Current Filing Requirements • During the last 15 days of the month of January Current Dates: • Begins Monday, January 18,2016 at 8:00a.m. (day 1 actually falls on Sunday January 17, 2016) • Ends Monday, February 1, 2016 at 4:30p.m. (day 15 actually falls on Sunday, January 31 , 2016) Proposed Filing Requirements • Last 15 days of the month of November Proposed Dates: • Begins Monday, November 16, 2015 at 8:00a.m. • Ends Monday, November 30, 2015 at 4:30 p.m. CITY COUNCIL: On June 4, 2015, the City Council approved ·Ordinance 8, 2015 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 8, 2015 as presented on second reading . L ------····--···--·- --------------------------------------- 1 ORDINANCE 8, 2015 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE CODE OF 6 ORDINANCES AT CHAPTER 26. ELECTIONS, BY REPEALING 7 SECTION 26-4. TIME FOR QUALIFYING. IN ORDER TO REVISE THE 8 DATES FOR CANDIDATE QUALIFICATION AND READOPTING 9 SAME, AS REVISED; FURTHER AMENDING CHAPTER 26. BY 10 REPEALING SECTION 26-6. CALLING OF ELECTION. IN ORDER TO 11 MOVE THE DATE OF THE 2016 MUNICIPAL ELECTION TO THE 12 THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 13 FEDERAL PRESIDENTIAL PRIMARY ELECTION; FURTHER 14 AMENDING CHAPTER 26. AT SECTION 26-24. ALTERNATIVE 15 METHOD OF QUALIFYING. BY REPEALING SUBSECTIONS (c) AND 16 (f) IN ORDER TO REVISE THE DATES FOR THE CANDIDATE 17 QUALIFICATION BY PETITION; PROVIDING THAT EACH AND 18 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 26. 19 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 20 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 21 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 22 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 23 24 25 WHEREAS, Chapter 26. Elections, Section 26-4. of the City Code of Ordinances 26 establishes the dates for qualifying for City municipal elections; and 27 28 WHEREAS, Chapter 26. Elections, Section 26-6. of the City Code of Ordinances 29 establishes the date for City municipal elections as the second Tuesday of March of each 30 year in which there is a City municipal election and establishes the date for any necessary 31 runoff election as the fourth Tuesday of March ; and 32 33 WHEREAS, Chapter 26. Elections, Section 26-24. of the City Code of Ordinances 34 establishes the dates for qualifying for City municipal elections by the alternative method ; 35 and 36 37 WHEREAS, in the year 2016, the federal presidential primary election will fall on 38 the third Tuesday of March ; and 39 40 WHEREAS, the City Council desires to move the City's 2016 municipal election to 41 the third Tuesday of March in order to coincide with the federal presidential primary 42 election and to adjust the dates for the associated qualifying periods and any necessary 43 runoff election accordingly; and 44 45 46 Page 1 of 5 --------- Ordinance 8, 2015 1 WHEREAS, moving the dates of the City's 2016 municipal election , qualifying 2 periods, and runoff election requires an amendment to Chapter 26. Elections of the City 3 Code of Ordinances; and 4 5 WHEREAS, Sections 100.3605, 101 .75, and 166.021 , Florida Statutes, permit the 6 City to amend its Charter in order to change the date of its municipal election and 7 associated qualifying periods by ordinance and without referendum , which was 8 accomplished by Ordinance 7 , 2015; and 9 10 WHEREAS, adoption of this Ordinance is required in order to conform to the 11 requirements of the City's Charter; and 12 13 WHEREAS, the City Council deems approval of this Ordinance to be in the best 14 interest of the health, safety , and welfare of the residents and citizens of the City of Palm 15 Beach Gardens. 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF PALM BEACH GARDENS, FLORIDA that: 20 21 SECTION 1. The foregoing facts and recitals set forth hereinabove are hereby 22 adopted and incorporated by reference as if fully set forth herein . 23 24 SECTION 2. Chapter 26. Elections is hereby amended by repealing Section 26-4. 25 Time for Qualifying . in order to revise the qualifying period for the 2016 municipal election 26 to coincide with the federal presidential primary election ; providing that Section 26-4. shall 27 hereafter read as follows: 28 29 Sec. 26-4. Time for qualifying. 30 31 (a) A person may qualify as a candidate for city council in accordance with section 26- 32 3 during the last 15 days of the month of January next preceding a city general election 33 no later than 4:30 p.m . of the last day of such qualifying period , provided , that if such day 34 falls on a Saturday, Sunday or city holiday , then the filing date shall be extended to 4:30 35 p.m. the next full business day. except in year 2016. when such qualifying shall take place 36 during the last fifteen (15) days of November. subject to the same contingencies as set 37 forth hereinabove. 38 39 (b) The candidate shall not be required to appear in person before the city clerk in 40 order to qualify as a candidate. An agent of the candidate so designated in writing may 41 present to the clerk all required documents and filing fee on behalf of the candidate during 42 the qualifying period . 43 44 45 46 Page 2 of 5 1 2 3 4 5 6 7 8 9 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 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 8, 2015 SECTION 3. Chapter 26. Elections is hereby amended by repealing Section 26-6. Calling of election. in order to change the date of the 2016 municipal election to the third Tuesday of March to coincide with the federal presidential primary election and to change the dates for any necessary runoff election; providing that Section 26-6. shall hereafter read as follows: Sec. 26-6. Calling of election. (a) City general elections shall be held on the second Tuesday of March. except in year 2016. when the election shall be held on the third Tuesday of March to coincide with the federal presidential primarv. (b) Whenever a general or special election is held to fill any elective office in the city, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected; provided that if no candidate for a particular elective office shall receive a majority of the votes cast for such election to fill such office, then a runoff election shall be held on the fourth Tuesday in March of the same calendar year the general election was held; and in the event a special election is held, except for the year 2016. when any required runoff election shall be held on the fifth Tuesday of March, and a runoff election is required, then the runoff election shall be held two weeks from date of the original special election; provided further, that in such event only the names of the two candidates having received the greatest number of votes in the general or special election for such office shall be submitted to the voters and the one of these two receiving the majority number of votes in such runoff election shall be declared to be duly elected to such office; provided further that should two or more candidates receive an equal number of votes to any such office, so that it cannot be determined which two had received the greatest and the next greatest number of votes, then the names of all such candidates shall be submitted at the runoff election and the candidate receiving the greatest number of votes at such election shall be declared elected to such office, regardless of whether such candidate received a majority of the votes cast to fill such office at such runoff election. (c) Upon a vacancy in the office of the city council, a special election, if required to fill such vacancy, shall be established by resolution of the council. The date of election, the qualifying period and notice of requirements pertaining to such election shall be set forth therein. SECTION 4. Chapter 26. Elections is hereby amended at Section 26-24. Alternative method of qualifying. by repealing subsections (c) and (f) in order to revise the period for qualifying by alternative method for the 2016 municipal election and readopting same, as revised; providing that Section 26-24. shall hereafter read as follows: Sec. 26-24. Alternative method of qualifying. (a)-(b) These subsections shall remain in full force and effect as previously adopted. Page 3 of 5 Ordinance 8, 2015 1 (c) The notice of intent to qualify alternatively, and the oath if applicable, shall be filed 2 at any time after the first Monday in December of the year prior to the year in which the 3 election is to be held, but prior to noon on the second Monday of January of the year in 4 which the election is to be held. except for the election held in the year 2016. such notice 5 shall be filed at any time on or after the third Tuesday in September 2015. but prior to 6 noon on the second Monday in October 2015. The city clerk shall prescribe the form to 7 be used in the notice of intent. 8 9 (d)-(e) · These subsections shall remain in full force and effect as previously 10 adopted. 11 12 (f) Each candidate shall submit the petitions for verification to the city clerk no later 13 ·than noon of the .:t-()tR35th day preceding the first day of qualifying . The city clerk shall 14 cause the signatures to be verified as to their status as electors of the city. Upon rece ipt 15 of verification from the supervisor of elections, the city clerk shall notify each cand idate of 16 the status of.his or her petition. If the required number of signatures has been obtained, 17 the candidate shall, during the time prescribed for qualifying for office , submit a copy of 18 such notice and file his or her qualifying papers and oath with the city clerk. The candidate 19 shall reimburse the city provide a check made payable to the Palm Beach Countv 20 Supervisor of Elections for the cost of verification of the electors' signatures. 21 22 (g) This subsection shall remain in full force and effect as previously adopted. 23 24 SECTION 5. All ordinances or parts of ordinances in conflict be and the same are 25 hereby repealed. 26 27 SECTION 6. Should any section or provision of this Ordinance or any portion 28 thereof, any paragraph , sentence, or word be declared by a court of competent jurisdiction 29 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 30 31 SECTION 7. Specific authority is hereby given to codify this Ordinance. 32 33 SECTION 8. This Ordinance shall become effective immediately upon adoption. 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 Page 4 of 5 1 2 3 4 5 6 7 8 9 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Ord inance 8, 2015 PASSED this Jlth day of ~, , 2015, upon first read ing . PASSED AND ADOPTED this __ day of ______ , 2015, upon second and final read ing . CITY OF PALM BEACH GARDENS BY: ---------------------------Eric Jab li n, Mayor David Levy, Vice Mayor Joseph R. Russo , Councilmember Robert G. Premuroso , Councilmember Marcie T insley, Councilmembe r ATTEST: BY: ---------------------------Patricia Snider, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------------------R. Max Lohman , City Attorn ey FOR AGAINST ABSENT \\pbgsnas\Attorney\attorney_share\ORDI NANCES\2015\0rdinance 8 2015 Amending Election Date-Chapter 26.docx Page 5 of 5 Palm Beach County ~·A \.f-13-ts- 240 SOUTH MIUTARY TRAIL WEST PALM BEACH, FL 33415 POST OFFICE BOX 22308 WEST PALM BEACH, FL 3341 6 SUSAN BUCHER Supervisor of Elections TELEPHONE: (561) 656-6200 FAX NUMBER: C561) 656-6287 WEBSITE: www .pbcelections.org TO: FROM: RE: DATE: MEMORANDUM Municipal Clerks of Palm Beach County Susan Bucher, Palm Beach County Supervisor of Election~ 2016 Presidential Preference Primary and Municipal Elections Date of March 15, 2016 APRIL 10, 2015 The Florida Legislature has changed the date of the Presidential Preference Primary to March 15, 2016. I have been asked to provide documentation regarding the need to change Municipal Elections in 2016 to the Presidential Preference Primary Election date of March 15, 2016. The voting equipment currently utilized by the Palm Beach County Supervisor of Elections Office only allows input of one election cycle at a time; from beginning of preparation of the ballot, through final election results. Therefore, the voting system will not be available to conduct Municipal Elections on the usual second Tuesday in March, known as the Uniform Municipal Election Date. As a result of current state and federal laws that require overseas and military absentee ballots to be mailed 45 days prior to state or federal elections, we will need to prepare ballots and have our first large mailing of ballots preprinted as soon as the law requires the state to provide the names of the Presidential Preference Primary candidates. F.S. 103.101(3) requires the Department of State to certify to each supervisor the name of each candidate for political party nomination to be printed on the ballot no later than 12/15/15; therefore, the deadline for municipal candidate names will also be on 12/15/15. If your municipality intends to have ballot questions on the ballot, the deadline to provide the language for ballot questions to the supervisor will be 12/11/15, so that we may provide time for the ballot language to be interpreted, as required by law. In accordance with F.S.101.75, the law allows the governing body of a municipality, by ordinance, to move the date of any municipal election, to change the dates for candidate qualifying and the term of office for any elected municipal official to a date concurrent with any statewide or countywide election, as provided by relevant municipal charter or ordinance. I have provided the attached calendar of dates and copies of the laws for your review. If I may provide any additional information, please do not hesitate to contact me. PRESIDENTIAL PREFERENCE PRIMARY ELECTION MARCH 15, 2016 CALENDAR Deadline for municipal ballot questions (time to FRIDAY, DECEMBER 11, 2015 get interpreted). State to provide candidate names per F.S . 103.101 TUESDAY, DECEMBER 15, 2015 and deadline for municipal candidate names. Send UOCAVA absentee ballots (45 days is FRIDAY, JANUARY 29, 2016 January 30, 2016). TUESDAY, FEBRUARY 9, 2016 Send civil and domestic absentee ballots (35 days). TUESDAY, MARCH 15, 2016 Presidential Preference Primary ' Statutes & Constitution :View Statutes : Online Sunshine Select Year: 12014 .:....· Go l ~--' The 20 14 Florida Stat utes Title IX ELECTORS AND ELECTIONS Chapter 103 PRESIDENTIAL ELECTORS; POUTICAL PARTIES; EXECUTIVE COMMITTEES AND MEr,1BERS 103.101 Presidential preference primary.-- Page 1 of2 View Entire Chapter (1) Each political party other than a minor political party shall, at the presidential preference primary, elect one person to be the party's candidate for nomination for President of the United States or select delegates to the party's national nominating convention, as provided by party rule. The presidential preference primary shall be held in each year the number of which is a multiple of 4 on the first Tuesday that the rules of the major political parties provide for state delegations to be allocated ·without penalty. Any party rule directing the vote of delegates at a national nominating convention shall reasonably reflect the results of the pres.idential preference primary, if one is held. (2) By November 30 of the year preceding the presidential preference primary, each political party shall submit to the Secretary of State a Ust of its presidential candidates to be placed on the presidential preference primary ballot or candidates entitled to have delegates appear on the presidential preference primary ballot. The Secretary of State shall prepare and publish a list of the names of the presidential candidates submitted not later than on the first Tuesday after the first Monday in December of the year preceding the presidential preference primary. The Department of State shall immediately notify each presidential candidate listed by the Secretary of State. Such notification shall be in writing, by registered mail, with return receipt requested. (3) A candidate's name shall be printed on the presidential preference primary ballot unless the candidate submits to the Department of State, prior to the second Tuesday after the first Monday in December of the year preceding the presidential preference primary, an affidavit stating that he or she is not now, and does not presently intend to become, a candidate for President at the upcoming nominating convention. If a candidate withdraws pursuant to this subsection, the Department of State shall notify the state executive committee that the candidate's name will not be placed on the ballot. The Department of State shalL no later than the third Tuesday after the first Monday in December of the year preceding the presidential preference primary, certify to each supervisor of elections the name of each candidate for political party nomination to be printed on the ballot. (4j The names of candidates for political party nominations for President of the United States shall be printed on official ballots for the presidential preference primary election and shall be marked, counted, canvassed, returned, and proclaimed in the same manner and under the same conditfons, so far as they are applicable, as in other state elections. If party rule requires the delegates' names to be printed on the official presidential preference primary ballot, the name of the presidential candidates for that political party may not be printed separately, but the ballot may reflect the presidential candidate tQ whom the delegate is pledged. If, however, a political party has only one presidential candid ate, neither the name of the candidate nor the names of the candidate's delegates shall be http://www.leg.state.fl.us/statutes/index.efm? App _mode= Display_ Statute& Search_ String=... 3/16/2015 . Statutes & Constitution :View Statutes: Online Sunshine Page 2 of2 printed on the ballot. (5) The state executive committee of each party, by rule adopted at least 60 days prior to the presidential preference primary election, shall determine the number, and establish procedures to be followed in the selection, of delegates an d delegate alternates from among each candidate's s up porters. A copy of any rule adopted by the executive committee shall be filed with the Department of State within 7 days after its adoption and shall become a public record. The Department of State shall review the procedures and shall notify the state executive committee of each political party of any ballot limitations. (6) All names of candidates or delegates shall be listed as directed by the Department of State. History.-s. 3, ch . 6469, 1913; RGS 301; CGL 357; ss. 1, 2, 3, ch. 22058, 1943; s. 1, ch. 22129, 1945; s. 1, ch. 25235, 1949; s. 7, ch. 26870, 1951; s. 1, ch. 29947, 1955; s. 4, ch. 67-353; ss. 10, 35, ch. 69-106; s. 2, ch. '71-236; s. 2, ch. 75·246; s. 1, ch. 77·174; s. 32, ch. 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32, ch. 89-338; s. 15, ch. 91-45; s. 608, ch. 95- 147; s. 28, ch. 2001-40; s. 3, ch. 2007-30; s. 27, ch. 2008-95; s. 47, ch. 2011-40; s. 28, ch. 2012-116; s. 20, ch. 2013-57. Note.-former ss. 102.03, 102.12. Copyright c 1995-2015 The Florida l.egis\ature • Privacy Statement • Contact Us http:/ /www.leg.state.fl. us/statutes/index.cfm? App _mode= Display_ Statute& Search_ String=... 3/16/2015 , Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 1 Select Year: j2014 ..:_: Go . -· The 2014 Florida Statutes Chapter 101 View Entire Chaoter Title IX ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.75 Municipal elections; change of dates for cause.- {1) In any munkipality, when the date of the munidpal election falls on the same date as any statewide or county election and the voting devices of the voting system used in the county are not available for both elections, the municipality may provide that the municipal election may be held within 30 days prior to or subsequent to the statewide or county election. (2) The date of the municipal election shall be set by the municipality by ordinance. (3) Notwithstanding any provision of local law or municipal charter, the governing body of a municipality may. by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election. The dates for qualifying for the election moyed by the passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected municipal official shalt commence as provided by the relevant municipal .charter or ordinance. History.-ss. 1, 2, ch. 59-493; s. 1, ch. 76-68; s. 14, ch. 77-175;,.s. 5, ch. 92-16; s. 26, ch. 2001-40; s. 4, ch. 2007-30; s. 23, ch. 2008-95; s . 42, ch. 2011-40. Note.-Former s. 104.451. Copyright <D 1995-2015 The Rorida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index .efm? App _mode= Display_ Statute& Search_ String=... 3/16/2015 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date : J uly 1, 2015 Ordinance 10, 2015 Subject/Agenda Item : Se c o nd Re adi ng and A d opt io n-An am e nd ment to the Fiscal Year 2014/15 budg et. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Fin ance Allan Owens Finance Administrator Advertised : Date: June 16, 2015 ape r: Palm Beach Post: [ ] Not Required Submitted by: D7.0irector Allan Owens Affected parties Approved by: [ ] No tifi ed X] Not required Costs: $ 6,006,305 (T otal) $6,006,305 Current FY Funding Source: [ ] Operating [ ] Other Contract/Agreement: Effective Date: N/A Expira tion Date: N/A Budget Acct.#: 001 .0900.519.9926 $550,000 001 .0900 .519.9930 $5 ,456,305 Council Action: ] Approved ] Approve d w/ Conditions ] Denied ] Cont inued to: Attachments : • Ord inance 10, 2015 -Exhibit "1" Meeting Date: July 1, 2015 Ordinance 10, 2015 Page 2 of4 BACKGROUND: After posting the recently approved budget amendments, which adjusted October 1, 2014 budgeted fund balances to actual audited amounts, the General Fund Budget Stabilization Reserve account totals $5,918,310 , which is an increase of approximately $3.5 million from the inception of the account in 2011 . As you remember, this account was initially funded with the transfer of $2.4 million dollars from the Series 2003 Debt Service Reserve Fund which was eliminated when the Series 2003 Bonds were refinanced in 2011 . The growth of this account provides the City with a unique opportunity to augment and accelerate investments in City infrastructure and pay down some of the City's existing debt, while still maintaining adequate reserves. These areas of opportunity include the Police Tactical Training Facility, Golf Course Clubhouse, City Park, and pension unfunded liabilities. A discussion of each of these items , and staff's recommendation , follows: • A review of the recently completed design criteria package for the Police Tactical Training Facility indicates that the total cost to construct the facility is approximately $3,005,000 . This amount includes all necessary planning, design, construction , site work, equipment and fixtures. The current FY 2015 budget appropriated $1 ,880 ,000 million for this project. In order to move forward with a contract, staff recommends transferring $550,000 from Law Enforcement Confiscated Funds and $575,000 from Budget Stabilization Reserves to this project, increasing the current year appropriation to $3,005,000 . • In addition to the Police Tactical Training Facility, staff has been working on refining the cost estimates for the Golf Course Clubhouse. The first phase of this project is being funded with $1,300,000 that was appropriated in FY 2015. From this allocation , $1,264,974 has been identified for items such as design , planning, sewer, parking/lighting , FPL upgrade/connections, demolition and other various site work. In addition to these costs, staff recently received the design criteria package with preliminary construction cost estimates of $4,623,570 million. When adding this cost to the $1,264,974 planning , design, and site work costs, the total estimated cost of the project is $5,888,544 . Of this amount, $1 ,300,000 is available in FY 2015, leaving a balance of $4,588,544 needed to complete construction . In looking at the current Recreation Impact Fund Five (5) -Year Capital Improvement Plan (CIP), $2,300,000 is allocated to this project in FY 2016. This would leave a remaining balance of $2,288,544 required to fully fund the estimated cost. In order to optimize the use of the Budget Stabilization Reserves, and to provide full funding for this project so that a contract could be awarded in October of this year, staff recommends transferring $2,288,544 from Budget Stabilization Reserves to the Golf Course Clubhouse CIP project in FY 2015. Meeting Date: July 1, 2015 Ordinance 10, 2015 Page 3 of4 • In order to accelerate the completion of all phases of renovations at City Park , including two (2) illuminated multi -purpose fields , bike trail , pav ilion , restrooms, maintenance building , playground expansion , and landscaping , staff is recommending a transfer of $1,200 ,000 from Budget Stabilization Reserves to the City Park CIP project in FY 201 5. This project is currently be i ng funded over several years using Recreation Impact Fees, with scheduled completion of all phases in FY 2018 . The proposed transfer this year will provide full funding so that construction can begin immediately after adoption of the budget amendment, and be completed next fiscal year . • In addition to capital projects , staff has been reviewing other areas to maximize and leverage the use of Budget Stabilization Reserves . One such use is to pay down outstanding debt. Although there are currently no bonds that are callable , the largest single debt of the City , public safety unfunded liabilities , requires no such provision , and , accordingly , can be prepaid at any time. In reviewing the most recent actuarial valuations, the unfunded liabilities of the Plans total $39 .1 million ($23.4 for Police , and $15.7 for Fire ), while the funded ratios are 7 1% and 77% for Police and Fire, respectively . The annual payments to amortize the unfunded liabilities in 2016 total $1 ,392 ,761 ($601,407 for Police , and $791 ,354 for Fire ). In order to accelerate the City 's goal to achieve a minimum of 80% funding for each plan , staff is recommending that $1 ,392 ,761 be transferred from Budget Stabilization Reserves , and used to pay towards the unfunded liabilities of the Police and Fire Pension Plans in FY 2015. Summary of Impacts on General Fund Budget Stabilization Reserve Fund T o summarize , the recommended transfers contained in Ordinance 10 , 2015, which impact General Fund Budget Stabilization Reserves , include the following : 1. Supplemental appropriation for Golf Course Clubhouse 2. Additional payment towards unfunded public safety liabilities 3. Supplemental appropriation for City Park 4. Supplemental appropriation for Police Tactical Training Facility Total Transfers From Budget Stabilization Reserves $2 ,288,544 1,392 ,761 1,200,000 575,000 $5,456 ,305 After the above transfers are made , the current General Fund Budget Stabilization Reserve Account will total $462 ,005. Unassigned General Fund Reserves are unaffected , and will remain at $23 ,066,106 . Other Items Meeting Date: July 1, 2015 Ordinance 10, 2015 Page 4 of 4 In addition to the above recommended transfers , Ordinance 10, 2015 adjusts budgeted revenues and expenditures to reflect the following contributions and miscellaneous revenues: 1. Ballenisles -$11 ,500 for a Life Fire Simulator 2. Frenchman 's Creek -$10 ,000 for digital combustion equipment and software for the Fire Department 3. Intergovernmental revenue of $11,664 for add-on module for OSSI System for PBC Court Interface for citations CITY COUNCIL : On June 4, 2015, the City Council approved Ordinance 10 , 2015 on first reading by a vote of 5 to 0 . STAFF RECOMMENDATION : Staff recommends approval of Ordinance 10 , 2015 as presented on second and final reading . 1 2 3 ORDINANCE 10, 2015 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM 8 BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING 9 OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, 10 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 11 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 12 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13 14 15 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted 16 a Budget for the 2014/2015 Fiscal Year; and 17 18 WHEREAS, the City Council has determined that an amendment needs to be 19 made to the previously adopted Fiscal Year 2014/2015 Budget; and 20 21 WHEREAS, the City Council deems approval of this Ordinance to be in the best 22 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 23 Beach Gardens and the public at large. 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The City Council hereby amends the revenues and expenditures 32 listed in the attached Exhibit "1" and adopts such amendments to the Budget of the City 33 of Palm Beach Gardens for the Fiscal Year October 1, 2014, through September 30, 34 2015, inclusive. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. This Ordinance shall become effective immediately upon adoption . 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 10, 2015 PASSED this 4th d ay of ~U\)...... , 201 5, upon first read in g . PASSED AND ADOPTED this __ day of ______ , 2015, upon second and final reading . CITY OF PALM BEACH GARDENS BY: --------------Eric Jablin , Mayor David Levy, Vice Mayor Joseph R. Russo , Councilmember Robert G. Premuroso, Councilmember Marcie Tinsley, Councilmember ATTEST: BY: ---------------Patricia Snide r, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --=---------------R. Max Lohman , City Attorney FOR AGAINST ABSENT \\pbgsnas\Attorney\attorney_share\ORD INANCES\2015\0rdinance 10 2015 -Budget Amendment.docx Page 2 of 2 Ordinance 10, 2015 EXHIBIT "1" GL Account 001.1000.521.6400 001.1030.521.2210 001.1230.522.2210 001.1230.522 .6400 001.0900.519.99 10 001.0900 .519 .9926 001.0900.5 19.9930 - GL Account 001.338.0000 00 1.366.0000 301.2000.572.6900 301.2000.572.6900 GLAccount 301.381.0000 302.1000.5 21.6900 GLAccount 302.381.0000 City of Palm Beach Gardens Budget Amendment -Ordinance 10, 2015 FYE 09/30/2015 Exhibit "1" Additional Budget ExRenditureLProject Na me Adjustment GENERAL FUND Capital Equipment 11,664.00 Retirement Contributions 601,407.00 Retirement Contributions 791,354.00 Capital Outlay 21,500.00 Transfers Out 4,613,544.00 Restricted for Law Enforcement (550,000.00) Assigned for Budget Stabilization (5,456 ,3 0 5.0 0 ) Total Increase to Expenditures $ 33,164.00 Revenues Shared Revenue-Other Local Units 11,664.00 Contri butions and Donations-Fi re 2 1,5 00 .00 Total Increase to Revenues $ 33,164.00 RECREATION IMPACT FUND City Park 1,200,000.00 Golf Course Clubhouse 2,288,544 .00 Total Increase to Expenditures $ 3,488,544.00 Revenues Transfer In 3,488,544 .0 0 Total Increase to Revenues $ 3,488,544.00 POLICE IMPACT FUND Tactical Training Facility 1,125,000 .00 Total Increase to Expenditures $ 1,125,000.00 Revenues Transfer In 1,125,000.00 Total Increase to Revenues $ 1,125,000.00 Grand Total All Funds $ 4,646,708.00 I ncreaseL(Decrease I to Budg et 11,664.00 601,407.00 791,354.00 21,500.00 4,613,544.00 (5 5 0,000.00) (5 ,456,305 .0 0) $ 33,164.00 11,664.00 21,500 .00 $ 33,164.00 1,200,000.00 2,288,544.00 $ 3,488,544.00 3,488,544.00 $ 3,488,544.00 1,125,000.00 $ 1,125,000.00 1,125,000.00 $ 1,125,000.00 $ 4,646,708.00 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 1, 2015 Resolution 27 , 2015 Subject/Agenda Item : Adopti ng a propos ed max imum m illage rate for the City of Palm Beach Gardens for FY 2015/20 16, and setting the date , time, and p lace of the first pub lic budget hea ri ng . [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance All a n Owen s Finance Admini strator Advertised : inist rator Date: Paper: [X 1 Not Required Submitted by: Affected parties r-------------~ Approved by: 1 No ti f ied 1 Not requi red Costs: .i..:...Q...: (Tota l) l.:.Q.:: Current FY Funding Source: [ 1 Operating [ 1 Other Contract/Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: Council Action : 1 Approved 1 Approved w/ Conditions 1 Denied 1 Continu ed to: Attachments : • Resolution 27 , 2015 Meeting Date: July 1, 2015 Resolution 27, 2015 Page 2 of 2 BACKGROUND: The City is required to file with the County Property Appraiser and Tax Collector a proposed millage rate that will be sent out on the Notice of Proposed Taxes in August. The proposed operating millage rate is 5.67 , and debt service is .1375, for a total millage of 5.8075 , which is less than the current year total rate of 5.8315. Once the tentative millage is filed with the County, these rates can be lowered at the budget hearings, but they cannot be increased . The detailed proposed line-item budget will be distributed to Council and the Budget Oversight Committee under separate cover . In addition , the County needs to be notified of the date , time , and place of the City 's first public budget hearing . These dates cannot conflict with the scheduled hearings of the Board of County Commissioners (BCC) and the School Board . We have been advised by the BCC and School Board of the following dates for their hearings : • BCC : September 8 and September 21 , 2015 • School Board : July 29 and September 9 , 2015 In order to conform to the timetable required by the State TRIM process , the first public hearing cannot be held earlier than September 3 . Therefore , staff recommends the first public hearing be held on September 10, 2015. STAFF RECOMMENDATION: Staff recommends approval of Resolution 27 , 2015 as presented . 1 RESOLUTION 27, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A PROPOSED 6 MAXIMUM MILLAGE RATE FOR THE CITY OF PALM BEACH 7 GARDENS FOR FISCAL YEAR 201512016; SETTING THE DATE, 8 TIME, AND PLACE OF THE FIRST BUDGET HEARING; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City Council of the City of Palm Beach Gardens , Florida must 13 determine a proposed millage rate within 35 days of July 1, as required by Section 14 200 .065, Florida Statutes; and 15 16 WHEREAS, the City Council must set the time, date , and place of the first public 17 hearing on the budget within 35 days of July 1, as required by Section 200 .065, Florida 18 Statutes; and 19 20 WHEREAS, the City Council must notify the County Property Appraiser of the 21 proposed millage rate and the time, date, and place of the first public hearing on the 22 Fiscal Year 2015/2016 Budget within 35 days of July 1, 2015; and 23 24 WHEREAS, the City Council deems approval of this Resolution to be in the best 25 interest of the health , safety, and welfare of the residents and citizens of the City of 26 Palm Beach Gardens and the public at large. 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF PALM BEACH GARDENS, FLORIDA that: 31 32 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 33 34 SECTION 2. The Fiscal Year 2015/2016 proposed operating millage rate is 5.67 35 mills. 36 37 SECTION 3. The Fiscal Year 2015/2016 proposed debt service millage rate is 38 .1375 mills. 39 40 SECTION 4. The first public hearing on the Fiscal Year 2015/2016 Budget shall 41 be at 7:00 p.m . on September 10 , 2015, in the City of Palm Beach Gardens Council 42 Chambers. 43 44 SECTION 5. This Resolution shall become effective immediately upon adoption . 45 46 Page 1 of 2 ,------------------------------------------------------------------------------ 1 2 3 4 5 6 7 8 9 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 27, 2015 PASSED AND ADOPTED th is __ day of _________ , 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY: ·-------------------------------Eric Jablin , Mayor ATTEST: BY: -------------Patricia Snider, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYORJABLIN VICE MAYOR LEVY COU NCILMEMBER RUSSO COUNCILMEMBER PREMUROSO COUNCILMEMBER TINSLEY \\pbgsnas\Attorney\attorney_sha re \RESOLUTIONS\2015\Resolution 27 2015-tentative millage rate.docx Page 2 of 2 CITY OF PALM BEACH GARDENS COUNCIL AGENDA WEDNESDAY, July 1, 2015 7:00P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Premuroso Council Member Tinsley I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: a . RECOGNITION OF KA YLA ABRAMOWITZ, 13, WINNER OF THE NATIONAL YOUNG ENTREPRENEURS ACADEMY (YEA!) SAUNDERS SCHOLARSHIP. 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: a. b. APPROVE MINUTES FROM JUNE 4, 2015 CITY COUNCIL MEETING . PURCHASE AWARD -EMS THIRD PARTY BILLING SERVICES AND REPORTING c . PURCHASE AWARD -REAPPOINTMENT OF CODE ENFORCEMENT SPECIAL MAGISTRATE. d . PROCLAMATION-PARKS AND RECREATION MONTH. e. PROCLAMATION -KA YLA CARES 4 KIDS . f. PROCLAMATION -PORT OF PALM BEACH 100 YEAR CENTENNIAL ANNIVERSARY IX. Pl BLIC HE \Rl"(.~: <*Designates Quasi-Judicial Hearing) a . b. c . ,f-0 d . Po.SW s---o ORDINANCE 7 , 2015 -(2ND READING AND ADOPTION) TEMPORARY CHANGE TO MUNICIPAL ELECTION DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY CHARTER AT ARTICLE IV. SECTION 4-1 . IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL ELECTION TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 FEDERAL PRESIDENTIAL PRIMARY ELECTION ; FURTHER AMENDING SECTION 4-1 TO REVISE THE DATES FOR QUALIFYING AND FOR ANY NECESSARY RUNOFF ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF THE CHARTER OF THE CITY OF PALM BEACH GARDENS 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 . ORDINANCE 8, 2015 -(2ND READING AND ADOPTION) AMEND THE CANDIDATE QUALIFYING PERIOD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CODE OF ORDINANCES AT CHAPTER 26. ELECTIONS, BY REPEALING SECTION 26-4. TIME FOR QUALIFYING. IN ORDER TO REVISE THE DATES FOR CANDIDATE QUALIFICATION AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 26. BY REPEALING SECTION 26-6. CALLING OF ELECTION. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL ELECTION TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 FEDERAL PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING CHAPTER 26. AT SECTION 26-24. AlTERNATIVE METHOD OF QUALIFYING. BY REPEALING SUBSECTIONS (c) AND (f) IN ORDER TO REVISE THE DATES FOR THE CANDIDATE QUALIFICATION BY PETITION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 26. 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. ORDINANCE 10, 2015 -(2ND READING AND ADOPTION) BUDGET AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 27, 2015 -SETTING 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 2015/2016; SETTING THE DATE, TIME, AND PLACE OF THE FIRST BUDGET HEARING ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a . CITY MANAGER EVALUATION . 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 Clerk's Office at 561-799-4122 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. Please Print Name: COMMENTS FROM THE PUBLIC Request to Address City Council Add res$: · -+l~o'--"''L::::.....J1L-· __,.DI!.....!.I-=15l'JA~~dt~t._._C____._.C~al..__,_.--fLp.:._fL-:-. -----~-,---_ ______,_ __ City: ------><-:=~·.!..:...-'"DG...__ _________________ _ ~~~U7(,f)_N 11 1 ;wr<: Subject: .. . Members of the public may address the.City Council during the "Comments by the Public" portion of the agenda and during "Public He·arings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. -----·coMMENTS Ff{tfM TRE -·pu-suc-·. Request to Address City Council Please Print Name: em~ 4 ?r-7-c t± fd!J? AddreS$:: Lfjjq rL}l~ lD U(Z5? City: -P+--"B~U-_' _· ___ ---------------------- Subject: 4381' fL-A~ Cov ru~ Members of the public may address the-City Council during the "Comments by the Public" portion of the agenda and during "Public He-arin gs". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Name: Subject: ----------------------------------- COMMENTS FROM THE PUBLIC- Request to Address City· Council Memb t~ i ay re s t ity Council during the " omments by the Public" portion of the agenda and during "Public He·arings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Ple ase Print Name: COMMENTS F ROM T H E P UBLIC - Reque st to Addres s City Council ~~~ b~~ G v-6 s_s n-r G:LY\ Addre 8{3 :· /d / v-Aor-n~ n J::>·r Cit y : f?& 6-· · Subje ct: .k.2de , d~ ~ Members of the public may address the"City Council during the "Comments by the PUblic" portion Of the agenda and during "Pub lic Hearings". This Request to Address the City Council must be deliv ered to the City Clerk prior to the commen·cement of the meeting. The time limit for each speaker is limited to three (3) m i nutes. CITY OF PALM BEACH GARDENS PALM BEACH COUN TY, FLORIDA PROCLAMATION WHE REAS, in this year of 2015 we commemorate the Port of Palm Beach and its 100 years of community partnership and development; and WHERE A S, through its internship program the port has aided in the development of community youth and area students giving them the tools and knowledge to be the leaders of tomorrow; and WHEREAS, through the Port's sponsorship and participation in community issue-based walks, runs, fundraisers and initiatives, the port has helped bring relief and awareness to the issues facing both our local and global communities; and WHEREAS, in the Port's goal of improving and empowering the lives of area youth through its annual Holiday Toy Drive, educational tours and school lecturers; and WHERE AS , with its dedication to clean beaches, lagoons, and waterways through annual island cleanups; and WHEREAS, being one of the largest area employers and thus its participation in local job fairs; and WHE R E AS , its steadfast relief and aide efforts of its Caribbean neighbors following hurricanes and tropical storms. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby recognize and congratulate the Port of Palm Beach in July 2015 on its; 100 YEAR CENTENNIAL ANNIVERSARY Attest: Patricia Snider, CMC, City Clerk IN WITN ESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affzxed on this JS1 day of July in the year Two Thousand and Fifteen. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Kay/a Abramowitz, a 13-year-oldfrom southeast Florida was honored June 9, 2015 for her entrepreneurial spirit, securing $30,000 in college scholarships after presenting plans for a non-profit designed to boost the spirits of hospitalized kids; and WHEREAS, Kay/a is the founder and Chief Kid Officer of Kayla Cares 4 Kids, a non-profit organization that collects and distributes entertainment items for hospitalized children; and WHEREAS, Kay/a, recently completed 7th grade in Palm Beach Gardens, Florida, and was named the winner of the National Young Entrepreneurs Academy (YEA!) Saunders Scholarship competition, beating out five other finalists invited to pitch their businesses to a panel of judges at the US. Chamber of Commerce's America's Small Business Summit in Washington, DC; and WHEREAS, Kayla won over judges with her business plan for Kayla Cares 4 Kids, a non-profit organization that collects and donates entertainment and educational materials, such as D VDs and video games, to hospitals; and WHEREAS, what began as a single collection of 100 DVDsfor a Miami hospital has blossomed into a major enterprise, with more than 8,300 DVDs, books, video games and electronics collected and donated to hospitals, medical facilities and Ronald McDonald Houses in 45 states since 2013; and WHEREAS, she learned valuable business skills in building the non-profit through the YEA! Chapter sponsored by the Northern Palm Beach Chamber of Commerce. YEA! is supported by the US. Chamber of Commerce Foundation and Sam's Club; and WHEREAS, Kay/a's persona/life experience dealing with health issues motivated her to bring comfort to other children facing similar challenges; and WHEREAS, Kay/a has received numerous honors for her charitable work, including but not limited to: Young Entrepreneurs Academy 2015 National Finalist, Young Entrepreneurs Academy 2015 Southern Regional First Place, Young Entrepreneurs Academy 2015 Northern Palm Beach County Chamber of Commerce Investors Panel First Place, Hasbro Community Action Hero Award, Palm Beach County Medical Society Outstanding Young Leader Award, Presidents's Volunteer Service Award 2014 Gold Level; and WHEREAS, the mission of Kay/a Cares 4 Kids is to help sick kids feel better one smile at a time. NOW, THEREFORE, /, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby honor and congratulate Kay/a Abramowitz for her love, devotion and accomplishments to: Attest: KA YLA CARES 4 KIDS IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to e a don this P 1 day of July in the year Two and F, Attest: CITY O F PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHE R EAS , parks and recreation programs enhance our quality of life by contributing to a healthy lifostyle, increasing communication skills, building self esteem, teaching life skills and providing places for enjoyment; and WHEREA S , parks and recreation programs boost the economy, enhance property values, attract new business, increase tourism and reduce crime; and WHEREAS, recreation builds family unity, strengthens neighborhood involvement, offers opportunity for social interaction, enhances education, develops creativity, and promotes cultural diversity; and WHEREAS, each year since 1985, Americans have celebrated national Park and Recreation Mo nth during the month of July to recognize the importance of parks and recreation which provides affordable, family-friendly activities; and WHEREAS, Florida recognizes the benefits derived from quality public and private recreation and park resources at the local and state levels; and WHEREAS, the National Recreation and Park Association and the Florida Recreation and Park Association designated July as Parks and Recreation Month ; NOW, THEREFORE, /, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of July 2015 as PARKS AND RECREATION MONTH in the City of Palm Beach Gardens and do hereby extend greetings and best wishes to all observing July 2015 as Parks and Recreation Month. IN WITN ESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affiXed on this 1st day of July in the year Two Thousand and Fifteen. Patricia Snider, CMC, City Clerk