HomeMy WebLinkAboutMinutes Council 090811I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 September 8, 2011
6 The regular meeting was called to order at 7:01 p.m. by Mayor Levy.
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8 L PLEDGE OF ALLEGIANCE
9 H. ROLL CALL
10 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo
11 Councilmember Eric Jablin, Councilmember Marcie Tinsley.
12 Mayor Levy asked for a moment of silence in remembrance of the 911 victims and the men and
13 women in the armed forces.
14 HL ADDITIONS. DELETIONS, MODIFICATIONS
15 NONE
16 IV. ANNOUNCEMENTS AND PRESENTATIONS
17 UPDATE FROM REPRESENTATIVE ROONEY
18 V. ITEMS OF RESIDENT INTEREST AND BOARD /CODE REPORTS
19 Councilmember Tinsley reported Parks and Recreation Advisory Board met on August 15,
20 2011, Fire Rescue accreditation, attended the Northern Palm Beach Chamber of Commerce
21 Women in Business Tea, attended Congressman West's Town Hall meeting, upcoming events
22 include the grand opening of the Nova Southeastern University, Police Explorers golf
23 tournament, fall yard sale, Northern Palm Beach Chamber of Commerce Mayor's breakfast.
24 Councilmember Russo recognized Ed McEnroe, Honda Classic Tournament Director, in the
25 audience and discussed next year's Honda Classic golf tournament and commitments from
26 players. Vice Mayor Premuroso attended Congressman West's Town Hall meeting, welcomed
27 Chuck Burger to Downtown at the Gardens, announced Historical Society events for upcoming
28 months, and announced the PBGYAA would be meeting tonight. Councilmember Jablin
29 attended Congressman West's Town Hall meeting, attended the 9 -11 memorial at Howell
30 Watkins Middle School, announced the Green Market will open on Sunday October 16, 2011
31 from 8:00 a.m. to 1:00 p.m every Sunday and the Taste of the Gardens will be on November 10,
32 2011 at Downtown at the Gardens. Mayor Levy announced that Palm Beach Gardens
33 Elementary School is the first in Palm Beach County to be a Sun Safe School, the September 20,
34 2011 Regional Hazmat meeting will be held in Palm Beach Gardens new EOCC (Emergency
35 Operations and Communications Center) and Nova Southeastern University hosted the League
36 of Cities meeting.
37 VL CITY MANAGER REPORT
38 Reported on the September issue of Palm Beach Gardens Lifestyle Magazine articles on the
39 State of the Art Emergency Operations Center and the other featuring Mayor Levy.
40 VL CITY MANAGER REPORT
41 VII. COMMENTS FROM THE PUBLIC
42 Jared Moskowitz, 565 E. Hillsborough Blvd., Deerfield Beach, FL, Shawn Videll, 211
43 Evergrene Parkway, Palm Beach Gardens, FL, Ken Tuma. 6641 140` Lane N., Palm Beach
44 Gardens, Steve Martino. 3240 Meridian Way S., Palm Beach Gardens.
45 VUL CONSENT AGENDA
46 Mayor Levy pulled Item L recused from vote and completed Form 8B.
47 a. APPROVE MINUTES FROM AUGUST 11, 2011 CITY COUNCIL MEETING.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
09/08/11
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b. RESOLUTION 37, 2011 - CONTRACT AWARD FOR EMERGENCY DEBRIS AND
DISASTER RECOVERY SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA AWARDING CONTRACTS TO CERES
ENVIRONMENTAL SERVICES, INC. AS PRIMARY CONTRACTOR, AND PHILLIPS AND
JORDAN, INCORPORATED, AND ASHBRITT, INC. AS ALTERNATE CONTRACTORS
FOR EMERGENCY DEBRIS AND DISASTER RECOVERY SERVICES; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENTS; AUTHORIZING THE CITY MANAGER
TO EXECUTE FUTURE ADDENDA; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
c. RESOLUTION 48, 2011 - OLD PALM PLAT THREE REPLAT. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE
OLD PALM PLAT THREE REPLAT OF LOTS 123 THROUGH 143; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
d. RESOLUTION 49, 2011 - OLD PALM PLAT FOUR PARTIAL REPLAT. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
THE OLD PALM PLAT FOUR PARTIAL REPLAT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
e. RESOLUTION 55, 2011 — SURPLUS ITEMS FOR AUCTION. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING
CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND
AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
f. RESOLUTION 57, 2011 — NATIONAL MOMENT OF REMEMBRANCE. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA JOINING
THE NATIONAL MOMENT OF REMEMBRANCE OF THE le ANNIVERSARY OF
SEPTEMBER 11'x`; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
g. RESOLUTION 58, 2011 — SHARED USE OF FIBER NETWORK. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY FOR THE SHARED USE OF THE PALM BEACH COUNTY FIBER NETWORK;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
h. RESOLUTION 59, 2011 - PUBLIC SAFETY RADIO COMMUNICATIONS. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING THE PURCHASE OF COMMUNICATIONS EQUIPMENT IN AN AMOUNT
NOT TO EXCEED $79,367.43 IN ORDER TO ENHANCE CITYWIDE COMMUNICATIONS;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
i. RESOLUTION 62, 2011 — SUPPORT FOR TENET FLORIDA INC. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
EXPRESSING SUPPORT FOR TENET FLORIDA INC. AND THE SCRIPPS RESEARCH
INSTITUTE TO BUILD AN 80-BED ACADEMIC MEDICAL CENTER, INCLUDING AN 80-
BED ACUTE CARE HOSPITAL AND SPECIALIZED MEDICAL/SURGICAL SERVICES ON
A PORTION OF COUNTY -OWNED LAND WITHIN THE SCRIPPS FLORIDA PHASE 11
CAMPUS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
j. PROCLAMATION — NILE TREASURE FLORIDA DAYS HONORING SHRINERS
HOSPITAL
k. PROCLAMATION — NATIONAL SICKLE CELL MONTH.
Councilmember dablin made a motion for approval of the Consent Agenda without Item i.
Councilmember Tinsley seconded.
Motion passed 5 -0.
CITY Of PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
09/08/11
I The City Clerk read Resolution 62, 2011 by title.
2 i. RESOLUTION 62, 2011 — SUPPORT FOR TENET FLORIDA INC. A RESOLUTION OF
3 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
4 EXPRESSING SUPPORT FOR TENET FLORIDA INC. AND THE SCRIPPS RESEARCH
5 INSTITUTE TO BUILD AN 80 -BED ACADEMIC MEDICAL CENTER, INCLUDING AN 80-
6 BED ACUTE CARE HOSPITAL AND SPECIALIZED MEDICAL/SURGICAL SERVICES ON
7 A PORTION OF COUNTY -OWNED LAND WITHIN THE SCRIPPS FLORIDA PHASE II
8 CAMPUS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
9 Councilmember Russo made a motion for approval of Resolution 62, 2011.
10 CouncHmember Jablin seconded.
11 Motion passed 4 -0.
12 IX. PUBLIC HEARINGS: (*Designates Quasi- Judicial Hearing)
13 a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET.
14 The City Clerk read Ordinance 18, 2011 by title.
15 b. ORDINANCE 18, 2011 — (1ST READING) ADOPTING FISCAL YEAR 2011/2012 BUDGET.
16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
17 FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR
18 THE FISCAL YEAR COMMENCING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30,
19 2012; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING
20 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21 Staff Presentation: Finance Administrator Allan Owens.
22 Mayor Lew opened the public hearing.
23 Public Comment: Joan Elias_ 1009 Diamond Head Way, Palm Beach Gardens.
24 Mayor Lew closed the public hearing.
25 Discussion ensued.
26 Councilmember Jablin made a motion to adopt the proposed operating millage rate of 5.7404 mills, and
27 a debt millage rate of .1821 for a total tentative rate of 5.9225 mills for fiscal year 2011/2012.
28 Vice Mayor Premuroso seconded.
29 Motion passed 5 -0.
30 Councilmember Jablin announced that the proposed rate is less than the roll4xwk rate by 2.719 percent.
31 Councilmember Jablin made a motion to approve Ordinance 18, 2011 on first reading adopting a
32 tentative budget for fiscal year 2011/2012 and setting the second and final reading for September 22,
33 2011 at 7:00 p.m. in the Council Chambers.
34 Vice Mayor Premuroso seconded-
35 Motion passed 5-0
36 The City Clerk read Ordinance 19, 2011 by title.
37 ORDINANCE 19,2011 — (1'' READING) AMENDING THE Cn Y'S ADVISORY BOARDS AND
38 COMMITTEES. AN ORDINANCE OF THE CRY COUNCIL OF THE CITY OF PALM BEACH
39 GARDENS, FLORIDA AMENDING CHAPTER 2. ADMINISTRATION AT ARTICLE III. BOARDS
40 AND COMMITTEES; REPEALING SECTIONS 2 -109, 2 -119, 2 -139, AND 2 -149, ALL
41 ENTITLED MEETINGS. IN ORDER TO AMEND MEETING FREQUENCY; FURTHER
42 AMENDING ARTICLE 111. BY REPEALING SECTIONS 2 -125. THROUGH 2 -129. IN THEIR
43 ENTIRETY IN ORDER TO ELIMINATE THE ECONOMIC DEVELOPMENT ADVISORY
44 BOARD AND RESERVING THE SUBJECT SECTIONS FOR FUTURE LEGISLATION;
45 FURTHER AMENDING ARTICLE III. BY REPEALING SUB-SECTION 2- 148(b) AND
46 READOPTING SAME, AS REVISED IN ORDER TO REVISE THE MEMBERSHIP
47 REQUIREMENTS OF THE PLANNING AND ZONING BOARD; PROVIDING THAT EACH AND
48 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION SHALL
49 REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
50 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
51 DATE; AND FOR OTHER PURPOSES.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
09/08/11
I Staff Presentation: City Clerk Patricia Snider.
2 Mayor Lew opened the public hearing.
3 Public Comment: None.
4 Mayor Lew closed the public hearing.
5 CouncHmember Jablin made a motion for approval of Ordinance 19, 2011.
6 Councilmember Tinsley seconded.
7 Motion passed 5-0
8 The City Clerk read Resolution 41, 2011 by title.
9 a. RESOLUTION 41, 2011 — FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE
10 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE
11 SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE
12 CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE
13 PUBLIC FOR FISCAL YEAR 201112012; PROVIDING AN EFFECTIVE DATE; AND FOR
14 OTHER PURPOSES.
15 Staff Presentation: Finance Administrator Allan Owens.
16 CouncHmember Jablin made a motion for approval of Resolution 41, 2011.
17 Councilmember Tinsley seconded.
18 Motion passed 5 -0
19 XI. ITEMS FOR COUNCH, ACTION/DISCUSSION
20 None.
21 XII. CITY ATTORNEY REPORT
22 None.
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
09/08/11
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ADJOUPWACMT
Coancilme ®ber Jabllinn made a motion to adjourn.
Coanc�me ®ber Tiaskv seconded.
Motion passed 5 -0.
The meeting adjourned at 8:31 p.m.
The next regularly scheduled City Council meeting will be held September 22, 2011.
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'36 A S3'•
41 •fttricia Snider, CMC
42 City Clerk
David Levy, Mayor
v
Marcie Tin; W, Councilmember
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46 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
47 meeting. A verbatim audio record is available from the Office of the City Clerk.
48 All referenced attachments are on file in the Office of the City Clerk.
XIII.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
09/08/11
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY
MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME —
MIDDLE NAME `
JC
NAI& OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
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MAILING AADD E S_S
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY COMMITTEE ON
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VMr—H I SERVE IS A UNrr OF
��Y O COUNTY ❑ OTHER LOCAL AGENCY
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CCiXJTY
NAME OF POLITICALSUMVL -Am
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DATE ON WHICH VOTE OCCURRED
MY PO6ITION IS:
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ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
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 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" 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:
s 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 8B - EFF. 112000 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_
s 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 fled_
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I �1
V- hereby disclose that on ` l O .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, /� / J F
inured to the special gain or loss of I a iM /)�'y 1'1 +��/ l�ct Pt�S m ea rc o I L P(, re v` (Trh e lf4 (, 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:
T U vr) (D i1 -t-he ,pc ,)prci O f t%(' !"cr Cell
r2icf�T�GV. t"i ^�� �tl.
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. 1/2000 PAGE 2