HomeMy WebLinkAboutMinutes Council 110410I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 NOVEMBER 4, 2010
5
6 The regular meeting was called to order at 7:00 p.m. by Mayor Lew.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo,
10 Councilmember Eric Jablin.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 None.
16 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
17 Councilmember Russo congratulated Marcie Tinsley, suggested a policy addressing romantic
18 relationships in the work place and requested the City Manager prepare a review of the current City
19 Charter. Vice Mayor Premuroso had no report. Councilmember Jablin discussed the possibility
20 of a Charter Review Committee and a policy for romantic relationships in the work place. Mayor
21 Levy announced the Mayor's Classic Golf Tournament, Duncan Middle School's Veterans Day
22 Program and the Palm Beach Gardens Annual Veterans Day ceremony featuring the U.S. Signal
23 Corps Army Band. Councilmember Russo suggested a letter be sent to the Palm Beach County
24 School Board supporting Veterans Day as an official holiday.
25 VI. CITY MANAGER REPORT
26 City Manager Ferris presented the cost savings of changing to one City Council meeting per
27 month. The City Council members reached consensus for one meeting per month beginning in
28 January 2011. September will continue to have two meetings. Additional meetings can be called
29 when necessary.
30 VII. COMMENTS FROM THE PUBLIC
31 None.
32 VIII. CONSENT AGENDA
33 a. RESOLUTION 59, 2010 — CAMPUS DRIVE RIGHT OF WAY ACCEPTANCE. A
34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
35 FLORIDA ACCEPTING A RIGHT -OF -WAY DEED FOR A PORTION OF CAMPUS DRIVE,
36 PREVIOUSLY TRANSFERRED TO THE CITY OF PALM BEACH GARDENS BY PALM
37 BEACH COUNTY VIA THE DEED RECORDED IN O. R. BOOK 23733, PAGE 1426;
38 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
39 b. RESOLUTION 69. 2010 —APPROVING A PLATTING EXCEPTION. A RESOLUTION OF
40 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
41 AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOT 31 OF POD "D ",
42 LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY
43 DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
44 PURPOSES.
45 c. PROCLAMATION — NATIONAL AMERICAN INDIAN HERITAGE MONTH.
46 Councilmember Jablin made a motion for approval of the Consent Agenda.
47 Vice Mayor Premuroso seconded.
48 Motion passed 4 -0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
11.04.10
I IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing)
2 Mayor Levy announced the procedures for tonight's proceedings.
3 Those preparing to give testimony were sworn in.
4 The City Clerk read Resolution 77, 2010 by title.
5 a. *RESOLUTION 77, 2010 — AIPP REQUIREMENT FOR THE POINTE PUD. A
6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
7 FLORIDA APPROVING ARTWORK, IN SATISFACTION OF THE ART IN PUBLIC PLACES
8 REQUIREMENT, FOR THE POINTE PLANNED UNIT DEVELOPMENT (PUD), LOCATED
9 AT THE INTERSECTION OF I -95 AND MILITARY TRAIL AND AS MORE PARTICULARLY
10 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
11 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
12 No ex parte communication was declared.
13 Mayor Levy opened the public hearing.
14 Presentation by. Anne Booth, Urban Design Kilday Studios.
15 Public Comment: None.
16 Mayor Levv closed the public hearing.
17 Councilmember Jablin made a motion for approval for Resolution 77, 2010.
18 Vice Mayor Premuroso seconded.
19 Motion passed 4 -0.
20 X. RESOLUTIONS
21 The City Clerk read Resolution 58, 2010 by title.
22 a. RESOLUTION 58, 2010 — ON SITE HEALTH CLINIC. A RESOLUTION OF THE CITY
23 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN
24 AGREEMENT WITH CAREHERE, LLC TO PROVIDE AN ON -SITE EMPLOYEE
25 HEALTHCARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT;
26 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
27 Presentation bv: Fire Chief Pete Bergel, Finance Administrator Allan Owens.
28 Public Comment: None.
29 Discussion ensued.
30 Councilmember Jablin made a motion for approval of Resolution 58, 2010.
31 Councilmember Russo seconded.
32 Motion passed 4 -0.
33 The City Clerk read Resolution 83, 2010 by title.
34 b. RESOLUTION 83, 2010 — CHANGE ORDER NO. 1 TO PIRTLE CONSTRUCTION. A
35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
36 FLORIDA APPROVING CHANGE ORDER NO. 1 TO JAMES B. PIRTLE CONSTRUCTION
37 COMPANY D/B /A PIRTLE CONSTRUCTION COMPANY FOR THE DESIGN /BUILD OF THE
38 MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER;
39 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
40 Councilmember Russo recused himself, left the dais and completed Form 8B.
41 Presentation by. City Engineer Todd Engle.
42 Public Comment: None.
43 Councilmember Jablin made a motion for approval of Resolution 83, 2010.
44 Vice Mayor Premuroso seconded.
45 Motion passed 3 -0.
46 Councilmember Russo returned to the dais.
47 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
48 Mayor Lew suggested a Charter Review Committee consider rules governing elections.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
11.04.10
I XII. CITY ATTORNEY REPORT
2 None.
3 XIII. ADJOURNMENT
4 Councilmember Jablin made a motion to adjourn.
5 Councilmember Russo seconded.
6 Motion passed 4 -0.
7 The meeting adjourned at 8:01 p.m.
8 The next regularly scheduled City Council meeting will be held November 18, 2010.
9
10 APPROVED:
11
12
13
14 David Levy, Mayor
15
16
17
18 Robert G. Pr u ;oso, e r
19
20
21
22 Rus o ounce ember
23
24
25
26 Eric Jablin, Counci�l a er
27
28 rV
29
30 Marcie Tinsley, Councilmember
31
32
33
34
35
�,6
r 3$: AT .:
qp
43 Patricia Snider, CMC
44 City Clerk
45
46
47 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
48 the meeting. A verbatim audio record is available from the Office of the City Clerk.
49 All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
11.04.10
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST IR NAME-;4y S
o ��
NAME OF BD OOIRrC� OOMMISStM, AUTHORITY, OR COMMITTEE
au�G.
MA I PRESS r-
Sa �ti(F 2 S c Q.Q /J-�L
W B
lOARQ OOUNM CC MISSION, AUTHORIY OR COMMITTEE ON
! SERVE IS A UNIT OF:
OOOLNTy O OTHER LOCAL
j� CI �Y
L4
SAGENCY
' /?--� 9 i
DATE ON V*4K>4 VOTE PCCPRRED
I/ ZOO
MY POSI[bN I&
ELECTIVE O APPOINTIVE
WHO MUST FILE FORUM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position_ For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES
A person holding elective or appointive county, municilmC 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 prirrppak (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate prkx*d by which he or she is retained); to the spedal private gain or loss of a relative; or
to the special private gain or lass of a business associate. Commissioners of community redevelopment 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' kmdudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother4n4aw, son-in-law, and daughter - in-law. A 'business associate' means any person or entily 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 sWations described above, you must disclose the contfiet
PRIOR TO THE VOTE BEING TAKEN by pubfidy 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 comple5ng and fling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the n*wtes.
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 malft any alternpt to k0 ence 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 PRK)R TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
: You must complete and file this form (before malting any attemptto influence the decision) with the person responsible for recording the
minutes of the meeting, who wilt incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. 1 20W 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 conflid in the measure before participating.
• You must complete the form and fide 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 mkv t s. 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 fled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1 V 0 S l " 1�2' hereby disclose that on 20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
by
MIM1
(b) he measure before my agency and the nature of my g interest in the measure is as follows: g Sc. t o 777— f 3 z o O
7/2 /91 % C� /� u �o ✓j
Z)
Date Filed
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. 12000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST IR NAME-;4y S
o ��
NAME OF BD OOIRrC� OOMMISStM, AUTHORITY, OR COMMITTEE
au�G.
MA I PRESS r-
Sa �ti(F 2 S c Q.Q /J-�L
W B
lOARQ OOUNM CC MISSION, AUTHORIY OR COMMITTEE ON
! SERVE IS A UNIT OF:
OOOLNTy O OTHER LOCAL
j� CI �Y
L4
SAGENCY
' /?--� 9 i
DATE ON V*4K>4 VOTE PCCPRRED
I/ ZOO
MY POSI[bN I&
ELECTIVE O APPOINTIVE
WHO MUST FILE FORUM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position_ For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES
A person holding elective or appointive county, municilmC 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 prirrppak (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate prkx*d by which he or she is retained); to the spedal private gain or loss of a relative; or
to the special private gain or lass of a business associate. Commissioners of community redevelopment 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' kmdudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother4n4aw, son-in-law, and daughter - in-law. A 'business associate' means any person or entily 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 sWations described above, you must disclose the contfiet
PRIOR TO THE VOTE BEING TAKEN by pubfidy 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 comple5ng and fling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the n*wtes.
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 malft any alternpt to k0 ence 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 PRK)R TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
: You must complete and file this form (before malting any attemptto influence the decision) with the person responsible for recording the
minutes of the meeting, who wilt incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. 1 20W 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 conflid in the measure before participating.
• You must complete the form and fide 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 mkv t s. 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 fled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1 V 0 S l " 1�2' hereby disclose that on 20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
by
MIM1
(b) he measure before my agency and the nature of my g interest in the measure is as follows: g Sc. t o 777— f 3 z o O
7/2 /91 % C� /� u �o ✓j
Z)
Date Filed
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. 12000 PAGE 2