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HomeMy WebLinkAboutMinutes Council 040512I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 April 5, 2012 5 6 The regular meeting was called to order at 7:02 p.m. by Mayor Lew. 7 I. PLEDGE OF ALLEGIANCE 8 Following the Pledge of Allegiance, Mayor Levy announced the passing of Jim Delonga, a 9 former member of the City of Palm Beach Gardens Council from 1970 to 1975 and Mayor from 10 1970 to 1972; also recognized the passing of West Palm Beach City Councilman, Bill Moss and 11 asked for a moment of silence in their memory. 12 II. ROLL CALL 13 PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Russo, Council Member 14 Jablin, Council Member Tinsley. 15 ABSENT: None. 16 III. ADDITIONS, DELETIONS, MODIFICATIONS: 17 1. ADDITION OF: RESOLUTION 33, 2012 — WASTE MANAGEMENT FRANCHISE 18 AGREEMENT. APPROVING ADDENDUM II TO THE SOLID WASTE, RECYCLING, 19 AND VEGETATIVE WASTE COLLECTION SERVICES FRANCHISE AGREEMENT 20 WITH WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING AN EFFECTIVE DATE; 21 AND FOR OTHER PURPOSES. 22 Council Member Jablin made a motion to approve the addition. 23 Vice Mayor Premuroso seconded. 24 Motion passed 5 -0. 25 IV. REORGANIZATION: 26 1. APPOINTMENT OF MAYOR. 27 Council Member Jablin made a motion to nominate Mayor David Levy as Mayor. 28 Council Member Tinsley seconded. 29 Vice Mayor Premuroso made a motion to nominate Council Member Joe Russo as Mayor, 30 seeing no second, Mayor Levy called for a vote on David Levy as Mayor. 31 Motion passed 5 -0. 32 2. APPOINTMENT OF VICE MAYOR. 33 Council Member Jablin made a motion to nominate Vice Mayor Robert Premuroso as Vice 34 Mayor. 35 Council Member Tinsley seconded. 36 Motion passed 5 -0. 37 Council Member Russo made a motion to nominate Council Member Marcie Tinsley as Vice 38 Mayor Pro Tem. 39 Council Member Jablin seconded. 40 Motion passed 5 -0. 41 3. RESOLUTION 23, 2012 — APPOINTMENT OF MAYOR AND VICE MAYOR. A 42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 43 FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; PROVIDING 44 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 45 City Attorney R. Max Lohman stated there would be an addition to this item of the 46 appointment of Vice Mayor Pro Tem. 47 Council Member Jablin made a motion to approve Resolution 23, 2012 with addition. 48 Council Member Tinsley seconded. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE April S, 2012 I Motion passed 5 -0. 2 4. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS. 3 Council consensus to continue on the same boards. 4 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS. 5 Council consensus to continue on the same boards. 6 V. ANNOUNCEMENTS AND PRESENTATIONS: 7 a. FISCAL YEAR 2011 AUDIT REPORT. 8 Finance Administrator, Allan Owens announced the audit by Rampell and Rampell is 9 complete. 10 Deborah Diaz, Principal Partner of the firm of Rampell and Rampell CPAs, provided a 11 summary of her findings. 12 VI. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: 13 Council Member Tinsley: expressed sympathies to the families of Jim Delonga and Bill Moss, 14 attended the Honda Classic, Dancing Under The Stars, Ballenisles First Inaugural Charity Gala, 15 The Swamp Stomp hosted by the Gardens Mall, Police Awards Ceremony on April 4, 2012 at 16 City Hall, announced the Gardens Games for 50+ is currently underway, Saturday is the annual 17 Easter Egg Extravaganza, the expansion of the walking trail is complete, the Swing Into Spring 18 event is scheduled for April 20, 2012 at Veteran's Plaza, Palm Beach Gardens High School will 19 host the April is for Authors event on April 25, 2012 and will also be hosting a book -fair, 20 featuring special guest speaker, author Sharon Draper and Barnes & Noble will be donating a 21 portion of their proceeds to schools for the month of April. 22 Council Member Russo: attended the opening of Senator Marco Rubio's office in Palm 23 Beach Gardens; announced there will be a groundbreaking event of the Miami Children's 24 Hospital Annex in Legacy Place. 25 Vice Mayor Premuroso: announced April 11, 2012 the Historical Society will have a speaker 26 featuring the Palm Beach Gardens Library System, May 4, 2012 Palm Beach State College 27 Foundation is hosting their annual Golf Tournament at Ballenisles. 28 Council Member Jablin: gave his sympathies for Jim Delonga and Bill Moss, thanked Jack 29 Snow with the Honda Classic Foundation, announced the Give a Smile for a Child Foundation 30 Golf Tournament is scheduled for April 28, 2012, complimented Ballenisles Charity Foundation 31 Inaugural Event, complimented Frenchman's Creek charity fundraising. 32 Mayor Lew: attended the League of Cities meeting and announced board appointments, 33 attended the Swamp Stomp April 1, 2012; will be volunteering as a moderator for this year's 34 April is for Authors event; announced the names of the Police Awards recipients. 35 VII. CITY MANAGER REPORT: 36 City Manager, Ronald Ferris: announced that Director of Planning and Zoning, Natalie 37 Crowley gave birth tonight at 7:00p.m. to a daughter, Abilgale Mauling Crowley, 7 pounds, 6 38 ounces. 39 VIII. COMMENTS FROM THE PUBLIC: 40 Don Hearing, 1934 Commerce Lane #104, Jupiter; Tom Cairnes, 3101 PGA Boulevard, Palm 41 Beach Gardens. 42 IX. CONSENT AGENDA: 43 a. APPROVE MINUTES FROM MARCH 1, 2012 CITY COUNCIL MEETING. 44 b. RESOLUTION 31, 2012 - SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD) 45 REPLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 46 GARDENS, FLORIDA APPROVING THE SOUTHAMPTON 2 REPLAT; PROVIDING AN 47 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 48 c. PROCLAMATION — PARALYZED VETERANS OF AMERICA AWARENESS MONTH. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 April 5, 2012 I d. PROCLAMATION — APRIL IS FOR AUTHORS. 2 Vice Mayor Premuroso made a motion to approve the Consent Agenda. 3 Council Member Tinsley seconded. 4 Motion passed 5 -0. 5 X. PUBLIC HEARINGS: ODesignates Quasi - Judicial Hearing) 6 Those preparing to give testimony were sworn in. 7 The City Clerk read Resolution 24, 2012 by title. 8 a. *RESOLUTION 24, 2012 - FRENCHMAN'S CREEK MAJOR SITE PLAN AMENDMENT. 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 10 FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE FRENCHMAN'S 11 CREEK PLANNED COMMUNITY DEVELOPMENT (PCD) TO ESTABLISH 12 DEVELOPMENT STANDARDS FOR PARCEL G -1, AS MORE PARTICULARLY 13 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 14 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 Mayor Lew opened the Public Hearing. 16 Petitioner: Brian Donahue, Land Design South, 400 Columbia Dr., Ste. 110, West Palm Beach. 17 Staff presentation: None. 18 Public comment: None. 19 Mayor Lew closed the Public Hearing. 20 Council Member Jablin made a motion to approve Resolution 24, 2012. 21 Council Member Tinsley seconded. 22 Motion passed 5 -0. 23 The City Clerk read Ordinance 6, 2012 by title. 24 b. ORDINANCE 6 2012 — (1 ST READINGS AMENDMENT TO THE CITY'S LAND 25 DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE 26 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 27 DEVELOPMENT. BY REPEALING AND READOPTING SECTION 78 -221. PGA 28 BOULEVARD CORRIDOR OVERLAY., AS REVISED IN ORDER TO REVISE AND 29 CLARIFY THE LIST OF PERMITTED AND PROHIBITED USES; PROVIDING THAT 30 EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND 31 DEVELOPMENT. SHALL REMAIN IN FULL FORCE 32 AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 33 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 34 DATE; AND FOR OTHER PURPOSES. 35 Mayor Lew opened the Public Hearing. 36 Petitioner: None. 37 Staff presentation: Principal Planner, Richard Marrero. 38 Public comment: Paul D'Arelli, Florida Zoning Law Group, 8201 Peters Road, Plantation. 39 Mayor Lew closed the Public Hearing. 40 Council Member Jablin made a motion to approve Ordinance 6, 2012, on 1St reading. 41 Council Member Premuroso seconded. 42 Motion passed 5 -0. 43 The City Clerk read Ordinance 7, 2012 by title. 44 c. ORDINANCE 7, 2012 - (2ND READING AND ADOPTION) RESTATEMENT OF A 45 RETIREMENT PLAN AND TRUST FOR THE GENERAL EMPLOYEES. AN ORDINANCE 46 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 47 PROVIDING FOR THE RESTATEMENT OF A RETIREMENT PLAN AND TRUST FOR 48 THE GENERAL EMPLOYEES OF THE CITY OF PALM BEACH GARDENS, FLORIDA; CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 April 5, 2012 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AUTHORIZING THE ADOPTION OF THE FLORIDA MUNICIPAL PENSION TRUST FUND MASTER PLAN DOCUMENT, PROVIDING FOR PUBLICATION; 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. Petitioner: None. Staff Presentation: Finance Director Allan Owens. Public Comment: None. Mayor Levy closed the Public Hearing. Council Member Jablin made a motion to approve Ordinance 7, 2012, on 2nd reading. Council Member Tinsley seconded. Motion passed 5 -0. The City Clerk read Ordinance 10, 2012 by title. d. ORDINANCE 10, 2012 — (1ST READING) TOWNHOMES AT TREVI. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A LARGE -SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPMA- 11 -09- 000014, WHICH PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP DESIGNATING TWO (2) PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 10.4 ACRES, MORE OR LESS, IN SIZE AS "(RM) RESIDENTIAL MEDIUM "; SUCH PARCELS BEING LOCATED GENERALLY AT THE SOUTHWEST CORNER OF HOOD ROAD AND INTERSTATE 95; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the Public Hearing. Petitioner: Don Hearin, Cotleur & Hearing. Staff Presentation: None. Public Comment: Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens. Mayor Levy closed the Public Hearing. Council Member Jablin made a motion to approve Ordinance 10, 2012, on 1 Sc reading. Council Member Russo seconded. Motion passed 5 -0. The City Clerk read Ordinance 11, 2012 by title. e. *ORDINANCE 11, 2012 — (1ST READING) HOOD ROAD TOWNHOMES PLANNED UNIT DEVELOPMENT (PUD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF TWO (2) PARCELS OF REAL PROPERTY TOTALING 10.42 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE SOUTHWEST CORNER OF HOOD ROAD AND INTERSTATE 95, TO BE KNOWN AS THE HOOD ROAD TOWNHOMES PUD; PROVIDING THAT THESE PARCELS OF REAL PROPERTY WHICH ARE MORE PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 April 5, 2012 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 UNDERLYING ZONING DESIGNATION OF RESIDENTIAL MEDIUM (RM); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 27, 2012 IS A COMPANION ITEM TO ORDINANCE 11, 2012 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING. *RESOLUTION 27 2012 - HOOD ROAD TOWNHOMES PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE HOOD ROAD TOWNHOMES PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO ALLOW THE CONSTRUCTION OF 75 TOWNHOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Lew opened the Public Hearing. Petitioner: Don Hearing, Cotleur & Hearing Staff Presentation: None. Public Comment: Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens. Mayor Lew closed the Public Hearing. Council Member Jablin made a motion to approve Ordinance 11, 2012, on 1St reading. Vice Mayor Premuroso seconded. Motion passed 5 -0. The City Clerk read Resolution Ordinance 12, 2012 by title. f. *ORDINANCE 12, 2012 — (1ST READING) CENTRAL GARDENS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF TWO (2) PARCELS OF REAL PROPERTY TOTALING 41.75 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE SOUTHWEST CORNER OF HOOD ROAD AND CENTRAL BOULEVARD, TO BE KNOWN AS THE PARCEL CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING THAT THESE PARCELS OF REAL PROPERTY WHICH ARE MORE PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED COMMUNITY DEVELOPMENT (PCD) OVERLAY; PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 28, 2012 IS A COMPANION ITEM TO ORDINANCE 12, 2012 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING. *RESOLUTION 28, 2012 — CENTRAL GARDENS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR THE 41.75 -ACRE PARCEL KNOWN AS CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HOOD ROAD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW A DEVELOPMENT PROGRAM CONSISTING OF 57,500 SQUARE FEET OF RETAIL USE, 40,784 SQUARE FEET OF OFFICE USE, AND 348 MULTI - FAMILY UNITS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Council Member Tinsley stepped down from the Dias and filled out form 8B. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 April 5, 2012 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Mayor Lew opened the Public Hearing. Petitioner: Ken Tuma, Urban Design Kilday Studios. Staff Presentation: None. Public Comment: Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens. Mayor Levy closed the Public Hearing. Council Member Jablin made a motion to approve Ordinance 12, 2012, on 1St reading. Council Member Premuroso seconded. Motion passed 4 -0. Council Member Tinsley returned to the Dias. The City Clerk read Resolution Ordinance 14, 2012 by title. g. ORDINANCE 14, 2012 — (1ST READING) COMPREHENSIVE PLAN TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPMA -12- 02- 000021, WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE ELEMENT, TRANSPORTATION ELEMENT, AND PUBLIC SAFETY ELEMENT, TO PROVIDE MINOR UPDATES TO CERTAIN TABULAR DATA, NOMENCLATURE, AND OTHER AMENDMENTS WHICH REVISE, CLARIFY, AND PROVIDE FOR INTERNAL CONSISTENCY; PROVIDING COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the Public Hearing. Petitioner: None. Staff Presentation: Principal Planner, Richard Marrero; Fire Chief, Pete Berge l. Public Comment: None. Mayor Lew closed the Public Hearing. Council Member Jablin made a motion to approve Ordinance 14, 2012, on 1St reading. Council Member Tinsley seconded. Motion passed 5 -0. The City Clerk read Ordinance 15, 2012 by title h. ORDINANCE 15, 2012 — (1ST READING) WELLFIELD PROTECTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT ARTICLE II1. DEVELOPMENT REVIEW PROCEDURES. BY ADOPTING AN ENTIRELY NEW DIVISION 6. TO BE ENTITLED "PUBLIC WATER SUPPLY WELLFIELD PROTECTION" IN ORDER TO ESTABLISH REGULATIONS FOR THE USE, HANDLING, PRODUCTION, AND STORAGE OF CERTAIN DELETERIOUS SUBSTANCES IN ORDER TO PROTECT PRESENT AND FUTURE PUBLIC POTABLE WATER SUPPLY WELLS AND WELLFIELDS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the Public Hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 April 5, 2012 I Petitioner: None. 2 Staff Presentation: City Engineer, Todd Engle. 3 Public Comment: None. 4 Mayor Lew closed the Public Hearing 5 Council Member Jablin made a motion to approve Ordinance 15, 2012, on 1St reading. 6 Council Member Tinsely seconded. 7 Motion passed 5 -0. 8 The City Clerk read Ordinance 16, 2012 by title. 9 i. ORDINANCE 16, 2012 — (1ST READING) LOBBYIST REGISTRATION. AN 10 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 11 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION. AT ARTICLE 11. CITY 12 COUNCIL. BY ADOPTING NEW DIVISION 3. ENTITLED "LOBBYIST REGISTRATION" 13 IN ORDER TO PROVIDE LOBBYIST REGISTRATION PROCEDURES IN ACCORDANCE 14 WITH THE COUNTYWIDE ETHICS ORDINANCE; PROVIDING A CONFLICTS CLAUSE, 15 A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 16 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17 Staff presentation: City Manager, Ronald Ferris. 18 Council Member Jablin made a motion to approve Ordinance 16, 2012, on 1St reading. 19 Council Member seconded. 20 Motion passed 5 -0. 21 XI, RESOLUTIONS 22 The City Clerk read Resolution 21, 2012 by title. 23 a. RESOLUTION 21, 2012 - FIRE PENSION BOARD REAPPOINTMENTS. A 24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 25 FLORIDA APPROVING THE APPOINTMENT OF REGULAR MEMBERS TO THE CITY 26 OF PALM BEACH GARDENS FIRE FIGHTERS' PENSION BOARD; PROVIDING AN 27 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 28 Council Member Jablin made a motion to approve Resolution 21, 2012. 29 Vice Mayor Premuroso seconded. 30 Motion passed 5 -0. 31 b. RESOLUTION 33, 2012 - (ADDED UNDER ADDITIONS, DELETIONS, 32 MODIFICATIONS) WASTE MANAGEMENT FRANCHISE AGREEMENT. APPROVING 33 ADDENDUM II TO THE SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE 34 COLLECTION SERVICES FRANCHISE AGREEMENT WITH WASTE MANAGEMENT, 35 INC. OF FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 36 Petitioner: None. 37 Staff Presentation: Operations Director, Mike Morrow. 38 Public Comment: Thomas De Rita, 5770 Whirla Way Road, Palm Beach Gardens. 39 Council Member Jablin made a motion to approve Resolution 33, 2012. 40 Vice Mayor Premuroso seconded. 41 Motion passed 4 -1 with Council Member Russo voting against. 42 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 43 Discussion ensued regarding Thursdays at the Green Market and changeable signage for City 44 messaging. 45 XIII. CITY ATTORNEY REPORT 46 None. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 April 5, 2012 I XIV. ADJOURNMENT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council Member Jablin made a motion to adjourn the meeting. Vice Mayor Premuroso seconded. Motion passed 5 -0. The meeting adjourned at 9:08 p.m. The next regularly scheduled City Council meeting will be held May 3, 2012. APPROVED: 26 27 28 29 30 31 _ )2 -cJS A ST. - ke 39 40 - Patricia Snider, CMC 41 City Clerk 42 43 44 David Levy, Mayor Robert G. Premuroso, Vice Mayor 45 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 46 meeting. A verbatim audio record is available from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 April S, 2012 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LASTJVA NAME — MIDDLE NAME, OF COUNCIL, COMMISSION, AUTHORITY, OR COM ITTEE T qe r �e ME MAILING ADDRE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE f WHK>4 I SERVE IS A UNIT OF QTY 0 COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY OF POLITICAL SUBDIVISION: erNAME DATq WHICH VOTE OCCURRED my PCSn1ON Is, 2 `Li 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: 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 813 - EFF. 112000 PAGE 1 4r 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, (j\( G P_' hereby disclose that on 120 (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, ��S�CI ✓� 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_ (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: c'► Rai �Ian�c C. l a, d ©l a '-1 _ I-) ,2 Date Filed Signature by which 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 PALM BEACH GARD E NS '.a a+ugrH• roliKe to lo-c. la-am. mArk A pla City of Palm Beach Gardens Office of the City Clerk Letter of Transmittal DATE: April 11, 2012 TO: Palm Beach County Commission on Ethics 2633 Vista Parkway West Palm Beach, FL 33411 Re: Form 8B City Council 7for Your Records D As Requested D For Review and Signature Signed Patricia Snider, CMC, City Clerk CI For Recording Cl Returned for Corrections O Other: