HomeMy WebLinkAboutMinutes Council 031810I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 MARCH 18, 2010
5
6 The regular meeting was called to order at 7:05 p.m. by Mayor Russo.
7 I. PLEDGE OF ALLEGIANCE
8 H. ROLL CALL
9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Jody Barnett,
10 Councilmember Robert Premuroso.
11 ABSENT: Councilmember Eric Jablin.
12 III. ELECTION
13 The City Clerk read Resolution 11, 2010 by title.
14 a. RESOLUTION 11, 2010 — DECLARING RESULTS OF THE MUNICIPAL
15 ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
16 BEACH GARDENS, FLORIDA, DECLARING THE RESULTS OF THE GENERAL
17 ELECTION HELD ON MARCH 9,2010; PROVIDING AN EFFECTIVE DATE; AND FOR
18 OTHER PURPOSES.
19 Vice Mayor Levy made a motion for approval of Resolution 11, 2010.
20 Councilmember Premuroso seconded.
21 Motion passed 4 -0.
22 b. ADMINISTER OATH OF OFFICE
23 City Clerk Patricia Snider swore in Vice Mayor David Levy.
24 City Clerk Patricia Snider swore in Mayor Joseph R. Russo.
25 IV. REORGANIZATION
26 1. APPOINTMENT OF MAYOR
27 Mayor Russo stepped down as Mayor.
28 Councilmember Russo nominated Vice Mayor David Lew for Mayor.
29 Councilmember Premuroso seconded.
30 City Clerk Patricia Snider read Councilmember Jablin's letter into the record.
31 Vice Mayor Lew closed the nominations for Mayor.
32 Motion passed 3 -1 with Councilmember Barnett dissenting.
33 2. APPOINTMENT OF VICE MAYOR
34 Councilmember Russo nominated Councilmember Robert Premuroso as Vice Mayor.
35 Mayor Lew seconded.
36 Motion passed 4 -0.
37 The City Clerk read Resolution 12, 2010 by title.
38 3. RESOLUTION 12, 2010 — APPOINTMENT OF MAYOR AND VICE MAYOR. A
39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
40 FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY;
41 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Councilmember Russo made a motion for approval of Resolution 12, 2010 as read with
43 David Lew as Mayor and Robert Premuroso as Vice Mayor.
44 Vice Mayor Premuroso seconded.
45 Motion passed 4 -0.
46 4. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS
47 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
03.18.10
I Vice Mayor Premuroso made a motion for the External and Internal Board assignments to
2 remain as they are for the coming year.
3 Councilmember Russo seconded.
4 Motion passed 4 -0.
5 V. ADDITIONS, DELETIONS, MODIFICATIONS
6 None.
7 IV. ANNOUNCEMENTS AND PRESENTATIONS
8 None.
9 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
10 Vice Mayor Premuroso had no report. Councilmember Russo brought a resident's e-mail to
11 council for discussion, reported attending the March 18, 2010 Bioscience Land Protection
12 Advisory Board meeting and advised that "Project Aberdeen ", company name "Signature
13 HealthCARE ", is moving to Kentucky. Council consensus was reached to send thank you
14 letters to those involved with the Signature HealthCARE negotiations. Councilmember
15 Barnett had no report. Mayor Levy reported attending the Palm Beach County Water Task
16 Force meeting.
17 VI. CITY MANAGER REPORT
18 City Manager Ron Ferris reported on the current budget and planning for the FY 2010 -2011
19 budget.
20 VII. COMMENTS FROM THE PUBLIC
21 Yasmin Dweik, 2534 Monaco Terrace, Palm Beach Gardens; Carol Estrada, 309 Riverside
22 Drive, Palm Beach Gardens; Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens;
23 Pat Hughey, 9120 Reed Drive, Palm Beach Gardens; Robert Palladino, 4432 Hickory
24 Drive, Palm Beach Gardens; Linda Hughey, 9120 Reed Drive, Palm Beach Gardens.
25 Council consensus was reached for City Clerk Patricia Snider to work with Palm Beach
26 County Supervisor of Elections Susan Bucher regarding polling locations.
27 VIII. CONSENT AGENDA
28 None.
29 IX. PUBLIC HEARINGS: ( *Designates Ouasi - Judicial Hearing)
30 Mayor Levy announced the procedures for tonight's proceedings.
31 Those preparing to give testimony were sworn in.
32 The City Clerk read Resolution 10, 2010.
33 a. *RESOLUTION 10, 2010 - GARDENS BUSINESS CENTER. A RESOLUTION OF
34 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
35 APPROVING THE RELOCATION OF A GARDENS BUSINESS CENTER "BUILDING
36 ID SIGN ", PART OF THE MACARTHUR CENTER SIGN PACKAGE, TO THE
37 SOUTHWEST CORNER OF THE PARCEL CURRENTLY OCCUPIED BY BB &T BANK
38 AT THE CORNER OF PGA BOULEVARD AND MINSK GARDENS AVENUE, AS
39 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF
40 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
41 Mayor Lew opened the public hearing.
42 No ex parte communication was declared.
43 Mayor Levy declared a conflict of interest, passed the gavel to Vice Mayor Premuroso,
44 recused himself and left the dais.
45 Presented Item: Todd Pressman, BB &T Bank.
46 Staff Presentation: Planner Kathryn Wilson.
47 Public Comment: None.
48 Vice Mayor Premuroso closed the public hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
03.18.10
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Councilmember Russo made a motion for approval of Resolution 10, 2010.
Councilmember Barnett seconded.
Motion passed 3 -0.
Mayor Lew returned to the dais. Vice Mayor Premuroso passed the gavel back to Mayor
Levy.
X. RESOLUTIONS
The City Clerk read Resolution 9, 2010.
a. RESOLUTION 9, 2010 — INTERLOCAL AGREEMENT WITH SEACOAST
UTILITY AUTHORITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT
WITH SEACOAST UTILITY AUTHORITY FOR STORMWATER IMPROVEMENTS
WITHIN THE CITY'S RIGHT -OF -WAY; AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Levy opened the public hearing.
Staff Presentation: Operation Director David Reyes.
Public Comment: None.
Mayor Levy closed the public hearing.
Councilmember Russo made a motion for approval of Resolution 9, 2010.
Councilmember Barnett seconded.
Motion passed 4 -0.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
a. ARTISTIC BUS SHELTERS
Staff Presentation: Resource Manager Allyson Black.
Public Comment: Art in Public Places Advisory Board Chair Cable Neuhaus, 1106
Vintner Boulevard, Palm Beach Gardens; Linda Hughey, 9120 Reed Drive, Palm Beach
Gardens; Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens.
Councilmembers reached consensus not to go forward with the bus shelter project at this time.
XII. CITY ATTORNEY REPORT
None.
(The remainder of this page intentionally left blank)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
03.18.10
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XIII. ADJOURNMENT
Councilmember Russo made a motion to adjourn.
Councilmember Barnett seconded.
Motion passed 4 -0.
The meeting adjourned at 8:42 p.m.
The next regularly scheduled City Council meeting will be held April 1, 2010.
APPROVED:
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\ 2:8 -1
35
36 Patricia Snider, CMC
37 City Clerk
38
i�2
David Lev , Mayor
39
40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
41 the meeting. A verbatim audio record is available from the Office of the City Clerk.
42 All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
03.18.10
FORM
813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY
MUNICIPAL, AND
OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE NAME
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NAMF BOARD�OUNCIL, C�MMIS N, AUTHORITY, OR COMMITTEE
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
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CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CIT COUNTY
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NAME OF POLITICAL SUBDIVIS ON:
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DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
Z�ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (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 r4development agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts 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 -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form In the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM BB - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided Immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, y l U\ J V w , hereby disclose that on /j Uri . �1 , 20 I i
�
(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 associate,
inured to the special gain or loss of my relative,
X, inured to the special gain or loss of T by
whom I am retained; or
Inured to the special gain or loss of which
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Pest to T(Vt, 10/200
Date Filed
Signature
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 PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 112000 PAGE 2