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HomeMy WebLinkAboutMinutes Council 0701151 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 WEDNESDAY, July 1, 2015 5 6 The regular meeting was called to order at 7:02p.m. by Mayor Jablin. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Jablin, Vice Mayor Levy, Council Member Russo, Council Member 10 Premuroso, Council Member Tinsley. 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. RECOGNITION OF KAYLA ABRAMOWITZ, 13 , WINNER OF THE NATIONAL 16 YOUNG ENTREPRENEURS ACADEMY (YEA!) SAUNDERS SCHOLARSHIP. 17 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 18 Vice Mayor David Levy: Attended the Loxahatchee River Management Coordinating Council 19 (LRMCC) meeting where the council did an assessment of the implementation 2010 LRMCC 20 plan objectives and received an update on the construction of the Lainhart Dam; Reported 21 despite the lack of rain for the month of June, there is good water flow; Announced his photo 22 won the Florida Park Department Photo Contest for June 2015. 23 Council Member Marcie Tinsley: Attended the Treasure Coast Regional Planning Council and 24 reported the federal government is redefining the definition of waters for the United States, 25 Florida Power & Light did a presentation for their Solar Energy Pilot Program; Reported Palm 26 Beach County is advancing their work with Metropolitan Planning Organization for quiet zones 27 and plans to host a public hearing in the near future. 28 Council Member Joseph Russo: Attended the PGA Corridor Association Mid-Year Economic 29 Update Event; Reported Former Palm Beach County Commissioner Karen Marcus plans to hold 30 a meeting with the North County cities and developers to discuss possible sites for Biotech spin 31 off companies. 32 Council Member Robert Premuroso: Welcomed the families and teams for the Baseball 33 Rookie State Tournament; Reported during his vacation to California he visited the Scripps area. 34 Mayor Eric Jablin: Attended the PGA National Tennis Club Groundbreaking Event; Meeting 35 with Compassionate Friends regarding a memorial for children who have passed away. 36 VI. CITY MANAGER REPORT 37 Fire Chief Michael Southard provided an update on the brush fires on Central Boulevard; City 38 Manager provided an update on the status of the Drainage Project for City parks; Announced on 39 July 2-6, 2015, the PGA Flyover will be in red, white, and blue lighting; Introduced Public 40 Media Relations Manager Candice Temple who gave a presentation on the City 's new 41 website. 42 VII. COMMENTS FROM THE PUBLIC 43 Gary Pitchford, 4399 Flax Court, Palm Beach Gardens; Robert Mandeville, 4398 Flax Court, 44 Palm Beach Gardens; Barbara Grossman 161 Thornton Drive, Palm Beach Gardens. 45 VIII. CONSENT AGENDA 46 a. APPROVE MINUTES FROM JUNE 4, 2015 CITY COUNCIL MEETING. 47 b. PURCHASE AWARD-EMS THIRD PARTY BILLING SERVICES AND REPORTING CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 07-Ql-15 PAGE 1 1 a. PURCHASE AWARD -REAPPOINTMENT OF CODE ENFORCEMENT SPECIAL 2 MAGISTRATE. 3 c. PROCLAMATION-PARKS AND RECREATION MONTH. 4 d. PROCLAMATION-KA YLA CARES 4 KIDS. 5 e. PROCLAMATION -PORT OF PALM BEACH 100 YEAR CENTENNIAL 6 ANNIVERSARY 7 Vice Mayor Levy made a motion for approval of the Consent Agenda. 8 Council Member Tinsley seconded. 9 Motion passed 5-0. 10 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 11 Those preparing to give testimony were sworn in. 12 The City Clerk read Ordinance 7, 2015 by title. 13 a. ORDINANCE 7, 2015-(2ND READING AND ADOPTION) TEMPORARY CHANGE TO 14 MUNICIPAL ELECTION DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE 15 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY CHARTER AT 16 ARTICLE N. SECTION 4-1. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL 17 ELECTION TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 18 FEDERAL PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING SECTION 4-1 19 TO REVISE THE DATES FOR QUALIFYING AND FOR ANY NECESSARY RUNOFF 20 ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND 21 SUBSECTION OF THE CHARTER OF THE CITY OF PALM BEACH GARDENS SHALL 22 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A 23 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 24 PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. 25 Mayor Jablin opened the Public Hearing. 26 Petitioner: None. 27 Staff presentation: No changes since first reading. 28 Public comment: None. 29 Mayor Jablin closed the Public Hearing. 30 Vice Mayor Levy made a motion to approve Ordinance 7, 2015 on second reading and 31 adoption. 32 Council Member Tinsley seconded. 33 Motion passed 5-0. 34 The City Clerk read Ordinance 8, 2015 by title. 35 b. ORDINANCE 8, 2015 -(2ND READING AND ADOPTION) AMEND THE CANDIDATE 36 QUALIFYING PERIOD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 37 PALM BEACH GARDENS, FLORIDA AMENDING THE CODE OF ORDINANCES AT 38 CHAPTER 26. ELECTIONS, BY REPEALING SECTION 26-4. TIME FOR QUALIFYING. 39 IN ORDER TO REVISE THE DATES FOR CANDIDATE QUALIFICATION AND 40 READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 26. BY 41 REPEALING SECTION 26-6. CALLING OF ELECTION. IN ORDER TO MOVE THE DATE 42 OF THE 2016 MUNICIPAL ELECTION TO THE THIRD TUESDAY OF MARCH TO 43 COINCIDE WITH THE 2016 FEDERAL PRESIDENTIAL PRIMARY ELECTION; 44 FURTHER AMENDING CHAPTER 26. AT SECTION 26-24. ALTERNATNE METHOD OF 45 QUALIFYING. BY REPEALING SUBSECTIONS (c) AND (t) IN ORDER TO REVISE THE 46 DATES FOR THE CANDIDATE QUALIFICATION BY PETITION; PROVIDING THAT 47 EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 26. SHALL 48 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 07-Ql-15 PAGE 2 1 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 2 PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. 3 Mayor Jablin opened the Public Hearing. 4 Petitioner: None. 5 Staff presentation: No changes since first reading. 6 Public comment: None. 7 Mayor Jablin closed the Public Hearing. 8 Vice Mayor Levy made a motion to approve Ordinance 8, 2015 on second reading and 9 adoption. 10 Council Member Tinsley seconded. 11 Motion passed 5-0. 12 The City Clerk read Ordinance 10, 2015 by title. 13 c. ORDINANCE 10, 2015 -(2ND READING AND ADOPTION) BUDGET AMENDMENT. 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 15 FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE 16 FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, 17 INCLUSNE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 18 AUTHORITY TO CODIFY; PROVIDING AN EFFECTNE DATE; AND FOR OTHER 19 PURPOSES. 20 Mayor Jablin opened the Public Hearing. 21 Petitioner: None. 22 Staff presentation: No changes since first reading. 23 Public comment: None. 24 Mayor Jablin closed the Public Hearing. 25 Vice Mayor Levy made a motion to approve Ordinance 10, 2015 on second reading and 26 adoption. 27 Council Member Russo seconded. 28 Motion passed 5-0. 29 The City Clerk read Resolution 27, 2015 by title. 30 d. RESOLUTION 27, 2015 -SETTING THE TENTATIVE MILLAGE RATE. A 31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 32 FLORIDA ADOPTING A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF 33 PALM BEACH GARDENS FOR FISCAL YEAR 2015/2016; SETTING THE DATE, TIME, 34 AND PLACE OF THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE; 35 AND FOR OTHER PURPOSES. 36 Mayor Jablin opened the Public Hearing. 37 Petitioner: None. 38 Staff presentation: Finance Administrator, Allan Owens. 39 Public comment: Iris Scheibl, 1029 Siena Oaks Circle, Palm Beach Gardens. 40 Mayor Jablin closed the Public Hearing. 41 Vice Mayor Levy made a motion to approve Resolution 27,2015. 42 Council Member Russo seconded. 43 Motion passed 5-0. 44 XI. ITEMS FOR COUNCIL ACTIONffiiSCUSSION 45 a. CITY MANAGER EVALUATION 46 Council Member Russo requested the comments from the City Manager's evaluation in April 47 be incorporated in the evaluation for June 2015. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 07-Ql-15 PAGE 3 1 Vice Mayor Levy commented on zoning issues for businesses that have unique circumstances 2 due to the nature of their business. Discussion ensued. 3 XII. CITY ATTORNEY REPORT 4 Reported the Writ of Petition for Certiorari has been filed to challenge the Board of County 5 Commissioners approval of the PGA Waterfront Project. 6 7 (The remainder of this page intentionally left blank) 8 9 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 07-Ql-15 PAGE 4 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 \ =-:- " •, ~4 ~~35 ~-... --36 ' \I 31 1'-s 39 40 41 42 43 44 45 46 47 XIII. ADJOURNMENT Vice Mayor Levy made a motion to adjourn. Council Member Tinsley seconded. Motion passed 5-0. The meeting adjourned at 8:46p.m. The next regularly scheduled City Council meeting will be held August 6, 2015 . APPROVED: Joseph R. Russo, Council Member - Robert G. Premuroso, Council Member Marcie Tmsley, Council Member ATTEST: City Clerk Note: These minutes are prepared in compliance with 286.011 F .S . and are not verbatim transcripts of the meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL ME ETI NG OHll-15 PAGE 5 DATE: TO: PALM BEACH GARDENS 'if unique place to live, learn, work & play" City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4122 I = Letter of Transmittal August 7, 2015 Palm Beach County Commission on Ethics 2633 Vista Parkway West Palm Beach, FL 33411 I Re: From 8B -City Council ~Your Records 0 For Recording C As Requested 0 Returned for Corrections C For Review and Signature 0 Other:------- Signed ~ Patrit ia Snider, CMC, City Clerk FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For 1his reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax <istricts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-irHaw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * .. * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must cisclose 1he conflict: * PRIOR TO THE VOTE BEING TAKEN by publicly staling to the assembly the nature of your interest in the measure on which you are abstaining from voting; snd WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing 1his form with 1he person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. .. * .. .. .. * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any atte~ to intluence the decision, whether oraUy or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY A TIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. {Continued on other side) CE FORM 88 -EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided imme<iately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of yo..-conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immedatefy to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ili6e,J';i)'?lJJj .--~>atcm,~8_g...,......(J.,._..f ----''2o fS_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business a&sooiiiiiB . __ .,...--------------------' -41-inured to the special gain or loss of my relative, .,_YJ""'l~2c...:c}JQ~""""rxJ'-",_ __________________ _ inured to the special gain or loss of, ____________________________ _, by whom I am retained; or inured to the special gain or loss of __________________________ _, which is the parent organization or subsiciary of a principal which has retained me. (b) The measure before my agency and the nature of my conllicting interest in the measure is as follows: -rh.t cornpan~ m~ htY:J:ond LUOC-Ju;. ~ , -s (!f) ~ dJL~t;n J bJi /d .Jegm StiPc-f%1 {k--Vhe ~Jed · NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 -EFF. 112000 PAGE2