HomeMy WebLinkAboutMinutes Council 0916102
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 16, 2010
The regular meeting was called to order at 7:03 p.m. by Mayor Levy,
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph
Russo, Councilmember Eric Jablin.
ABSENT: None.
III. ADDITIONS. DELETIONS. MODIFICATIONS
ADDITIONS
UNDER CONSENT
RESOLUTION 70, 2010 — APPOINTING THE CITY ENGINEER.
UNDER PUBLIC HEARING NON -QUASI
ORDINANCE 21, 2010 — AMENDING CHAPTER 78. AT ARTICLE V. BY
REPEALING DIVISION 7. SIGNS.
Councilmember Jablin made a motion for approval of the additions.
Vice Mayor Premuroso seconded.
Motion passed 4 -0.
IV. ANNOUNCEMENTS AND PRESENTATIONS
a. BEAUTIFICATION AWARDS — BENJAMIN SCHOOL AND PALM BEACH STATE
COLLEGE.
Community Aesthetics Board Chair Terence Brady announced the award winners and the
City Council presented the awards.
b. RECOGNIZING SARAH SMITH, HEAD SWIM COACH, FOR RECEIVING THE
"VIKKI WELLS COMMITMENT TO EXCELLENCE AWARD."
South Florida Recreation Swim League Board members Tyrene Morgans and Andra Weber
presented the award and Mayor Levy and the City Council members acknowledged Sarah
Smith for her achievements.
c. RECOGNIZING MATT DOHERTY, SOFTWARE SYSTEMS MANAGER, FOR
RECEIVING THE CERTIFICATION OF CHIEF INFORMATION OFFICER FROM THE
FLORIDA INSTITUTE OF GOVERNMENT.
Mayor Levy and City Council members acknowledged Matt Doherty for his achievements.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
Mayor Levy, Vice Mayor Premuroso, Councilmember Russo and Councilmember Jablin
acknowledged the efforts and contributions by city staff and donors for the 9 -1 -1 Memorial
Plaza. Councilmember Jablin had no further report. Vice Mayor Premuroso thanked City
Clerk Snider for her help with the polling location at Howell Watkins Middle School and
noted that the Budget Oversight Committee will present their report at the September 30,
2010 meeting. Councilmember Russo announced the cancellation of the September and
November Bioscience Land Protection Advisory Board meetings. The next meeting will be
held in January 2011. Mayor Lew reported attending the Water Resource Task Force
meeting.
VI. CITY MANAGER REPORT
None.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09.16.10
PAGE
I VII. COMMENTS FROM THE PUBLIC
2 Dr. Mark Marciano, 2610 Prosperity Oaks Court, Palm Beach Gardens; Carol Estrada, 309
3 Riverside Drive, Palm Beach Gardens.
4 VIII. CONSENT AGENDA
5 a. RESOLUTION 36, 2010 — LOW VOLTAGE WIRING INSTALLATION FOR
6 EMERGENCY OPERATIONS COMMUNICATIONS CENTER. A RESOLUTION OF
7 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
8 AUTHORIZING A PURCHASE AWARD TO UNIVERSAL CABLING SYSTEMS, INC.
9 TO SUPPLY AND INSTALL FIBER OPTIC AND COPPER CABLING FOR THE
10 EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER VIA AN EXISTING
11 CONTRACT WITH THE SCHOOL DISTRICT OF ST. LUCIE COUNTY (NO. 09 -08E);
12 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
13 b. PROCLAMATION — CONSTITUTION WEEK.
14 c. RESOLUTION 70, 2010 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
15 OF PALM BEACH GARDENS, FLORIDA ACCEPTING AND RATIFYING THE CITY
16 MANAGER'S RECOMMENDATION THAT TODD ENGLE BE APPOINTED AS THE
17 CITY ENGINEER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
18 Councilmember Jablin made a motion for approval of the Consent Agenda.
19 Vice Mayor Premuroso seconded.
20 Motion passed 4 -0.
21 IX. PUBLIC HEARINGS: ( *Designates Quasi- Judicial Hearing)
22 a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET.
23 Presentation by: Finance Administrator Allan Owens.
24 The City Clerk read Ordinance 23, 2010 by title.
25 b. ORDINANCE 23, 2010 — (1ST READING) ADOPTING FISCAL YEAR 2010/2011
26 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
27 GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH
28 GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND
29 ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A
30 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
31 PURPOSES.
32 Mayor Levy opened the public hearing.
33 Presentation by: Finance Administrator Allan Owens.
34 Public Comment: Tom Sosey, 149 Bent Tree Drive, Palm Beach Gardens; Eileen Tucker,
35 1045 Shady Lakes Circle, Palm Beach Gardens; Pat Hughey, 9120 Reed Drive, Palm Beach
36 Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens.
37 Mayor Levy closed the public hearing.
38 Discussion ensued.
39 Councilmember Jablin made a motion to adopt a proposed operating millage rate of 5.83
40 mils and debt millage rate of .1854 for a total tentative millage rate of 6.0154 mils for FY
41 2010 -2011.
42 Councilmember Russo seconded.
43 Motion passed 3 -1 with Councilmember Premuroso dissenting.
44 Councilmember Jablin announced that the proposed millage rate represents a decrease from
45 the roll -back rate by 3.294 percent.
46 Councilmember Jablin made a motion to approve Ordinance 23, 2010 on first reading,
47 adopting a tentative budget for fiscal year 2010/2011, and setting the second and final reading
48 for September 30, 2010 at 7:00 p.m. in Council Chambers.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
09.16.10
I Councilmember Russo seconded.
2 Motion passed 4 -0.
3 The City Clerk read Ordinance 13, 2010 by title.
4 c. ORDINANCE 13, 2010 — (1st READING) DUMPSTER/RECYCLING. AN
5 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
6 FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING
7 SECTION 78 -378. DUMPSTERS. AND READOPTING SAME, AS REVISED; FURTHER
8 AMENDING CHAPTER 78. AT SECTION 78 -379 BY REPEALING SUBSECTIONS
9 (a)(3) AND (c), READOPTING SUBSECTION (c), AS REVISED, RENUMBERING
10 FORMER SUBSECTIONS (a)(4), (a)(5), AND (a)(6) AS NEW SUBSECTIONS (a)(3),
11 (a)(4), AND (a)(5) AND ADOPTING NEW SUBSECTION (d); PROVIDING THAT EACH
12 AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND
13 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
14 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
15 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
16 PURPOSES.
17 Mayor Lew opened the public hearing.
18 Presentation by: Planner Martin Schneider.
19 Public Comment: None.
20 Mayor Lew closed the public hearing.
21 Discussion ensued.
22 Councilmember Jablin made a motion for approval of Ordinance 13, 2010 on first reading.
23 Vice Mayor Premuroso seconded.
24 Motion passed 4 -0.
25 The City Clerk read Ordinance 20, 2010 by title.
26 d. ORDINANCE 20, 2010 - (2nd READING AND ADOPTION) FIREFIGHTERS' PENSION
27 PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
28 GARDENS, AMENDING CHAPTER 38. FIRE PREVENTION AND PROTECTION. BY
29 REPEALING SUBSECTIONS 38- 53(1), 38- 54(6), 38- 60(1)b, SECTIONS 38 -68 AND 38 -69 AND
30 READOPTING SAME, AS REVISED, AND BY ADOPTING NEW SUBSECTION 38- 57(2)e IN
31 ORDER TO EXTEND TRUSTEE TERMS FROM TWO YEARS TO FOUR YEARS, TO
32 INCREASE THE CAP OF INTERNATIONAL SECURITY EXPOSURE, TO COMPLY WITH
33 PROTECTING FLORIDA'S INVESTMENT ACT AND TO EXPAND THE ELIGIBLE
34 INVESTMENT VEHICLES, TO COMPLY WITH USERRA FOR PRE - RETIREMENT DEATH
35 BENEFITS, TO ALLOW RETIREES TO CHANGE THE DESIGNATED SURVIVOR UP TO TWO
36 TIMES AFTER RETIREMENT WITHOUT APPROVAL OF THE BOARD OF TRUSTEES AND
37 VERIFICATION OF GOOD HEALTH, TO FULLY FUND NONFORFEITABLE BENEFITS UPON
38 TERMINATION OF THE PLAN, AND TO ALLOW RETIREES TO DIRECT PAYMENT OF
39 CERTAIN INSURANCE PREMIUMS FROM BENEFIT PAYMENTS; PROVIDING A
40 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
41 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Lew opened the public hearing.
43 Staff Presentation by: Finance Administrator Allan Owens.
44 Presentation by: Joe Bogdahn, The Bogdahn Group.
45 Public Comment: None.
46 Mayor Levy closed the public hearing.
47 Discussion ensued.
48 Councilmember Jablin made a motion for approval of Ordinance 20, 2010 on second
49 reading and adoption.
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Councilmember Russo seconded.
Motion passed 4 -0.
The City Clerk read Ordinance 22, 2010 by title.
d. ORDINANCE 22, 2010 - (2ND READING AND ADOPTION) AMENDING THE CODE
OF ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. OF THE CODE
OF ORDINANCES BY CREATING A NEW ARTICLE III. ENTITLED "DOG- FRIENDLY
DINING ", IN ORDER TO ESTABLISH A LOCAL EXEMPTION TO CERTAIN
PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC
FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT
CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS
PURSUANT TO SECTION 509.233, FLORIDA STATUTES; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS.
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.
Mayor Lew opened the public hearing.
Presentation by: Operations Director David Reyes.
Public Comment: None.
Mayor Levy closed the public hearing.
Discussion ensued.
Councilmember Jablin made a motion for approval of Ordinance 22, 2010 on first reading.
Councilmember Russo seconded.
Motion passed 4 -0.
Comment by: Sue Comerford, Regent, Seminole Chapter, Daughters of the American
Revolution, 301 Plymouth Road, West Palm Beach.
f. RESOLUTION 61, 2010 - BANYAN TREE HISTORICAL MARKER PETITION. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN THE FLORIDA
HISTORICAL MARKER APPLICATION AND TO PLACE A HISTORICAL MARKER
AT THE BANYAN TREE SITE ON MACARTHUR BOULEVARD; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy opened the public hearing.
Presentation by: Resource Manager Allyson Black.
Public Comment: None.
Mayor Levy closed the public hearing.
Councilmember Jablin made a motion for approval of Resolution 61, 2010.
Councilmember Russo seconded.
Motion passed 4 -0.
g. ORDINANCE 21, 2010 —AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. AT ARTICLE V.
BY REPEALING DIVISION 7. SIGNS. AND READOPTING SAME, AS REVISED, IN
ORDER TO COMPREHENSIVELY REVISE AND CLARIFY THE CITY'S SIGN
DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "SIGN, CODE; FURTHER
AMENDING CHAPTER 78. AT SECTION 78 -751. EVENT SIGNAGE ", "SIGN, RIGHT -
OF -WAY BANNER ", "SURFACE AREA ", AND "VISIBILITY TRIANGLES (AKA,
SAFESITE TRIANGLES)"; PROVIDING THAT EACH AND EVERY OTHER SECTION
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
09.16.10
I AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN
2 FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
3 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
4 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
5 Mayor Levy opened the public hearing.
6 Presentation by: Planner Martin Schneider.
7 Public Comment: None.
8 Mayor Levy closed the public hearing.
9 Councilmember Jablin made a motion for approval of Ordinance 21, 2010.
10 Councilmember Russo seconded.
11 Motion passed 4 -0.
12 X. RESOLUTIONS
13 The City Clerk read Resolution 60, 2010 by title.
14 a. RESOLUTION 60, 2010 - PURCHASE INSURANCE POLICIES FOR PROPERTY
15 AND CASUALTY INSURANCE. A RESOLUTION OF THE CITY COUNCIL OF THE
16 CITY OF PALM BEACH GARDENS, FLORIDA TO RENEW INSURANCE POLICIES
17 FOR PROPERTY, CASUALTY, PUBLIC OFFICIALS, AND RELATED INSURANCE
18 FROM PREFERRED GOVERNMENTAL INSURANCE TRUST; AUTHORIZING THE
19 MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE; AND
20 FOR OTHER PURPOSES.
21 Mayor Levy opened the public hearing.
22 Presentation by: Finance Administrator Allan Owens.
23 Public Comment: Shane Caldwell, 1905 Lake Markham Preserve Trail, Lake Mary, FL;
24 Hasib Baneloria, 1525 International Parkway, Lake Mary, FL; Glenn Tobey, 276 Lake
25 Brittany Court, Lake Mary, FL; Don Noel, 1641 Pepperwood Circle, North Palm Beach;
26 Kurt Heyman, PO Box 958455, Lake Mary, FL; Sam Ellington, 8570 Thousand Pines
27 Court, West Palm Beach, FL.
28 Mayor Levy closed the public hearing.
29 Discussion ensued.
30 Councilmember Russo made a motion for approval of Resolution 60, 2010.
31 Ouncilmember Jablin seconded.
32 Motion passed 4 -0.
33 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
34 None.
35 XII. CITY ATTORNEY REPORT
36 None.
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
09.16.10
I XIII. ADJOURNMENT
2 Councilmember Jablin made a motion to adjourn.
3 Councilmember Russo seconded.
4 Motion passed 4 -0.
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The meeting adjourned at 10:27 p.m.
The next regularly scheduled City Council meeting will be held September 30, 2010.
APPROVED:
__28
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3 L —ATTEST:_
-31 -�;` _
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36 Patricia Snider, CMC
37 City Clerk
38
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
09.16.10