HomeMy WebLinkAboutMinutes Council 0809121
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
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
August 9, 2012
The regular meeting was called to order at 7:01p.m. by Mayor Levy.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Tinsley, Council Member
Jab lin.
ABSENT: Council Member Russo.
III. ADDITIONS, DELETIONS, MODIFICATIONS
• Announcements and Presentations: addition a. AJ Brockman -Installation of the art
piece in the Council Chambers.
• City Attorney Report: addition a. Settlement Agreement.
IV. ANNOUNCEMENTS AND PRESENTATIONS
a. AJ Brockman spoke regarding the installation of the art piece in the Council Chambers.
b. Mike Kelly, Sports Director, recognized the Honda Classic for sponsorship of the Gardens
games Program.
c. Mike Kelly, Sports Director, recognized the Palm Beach Soccer Academy for scoreboard
sponsorships and donation of soccer goals.
d. Beth Kigel, introduced herself as the Chamber of Commerce President/CEO.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
Council Member Marcie Tinsley: attended the League of Cities Annual Meeting; Parks and
Recreation Advisory Board Meeting; the North Chamber Legislative Update meeting; ribbon
cutting for PNC Bank on PGA Boulevard and announced Molle Bridals Downtown at the
Gardens; announced Northlake Commons is sponsoring Haircuts for Heroes; the Mayor's
Luncheon for Literacy is Sept. 19th; is honored by Mr. Brockman's speech and residency in our
city.
Vice Mayor Bert Premuroso: attended the Northern Chamber event in Riviera Beach; will
attend a breakfast at the Double Tree, featuring Allen West; announced that AJ Brockman is a
great person.
Council Member Eric Jablin: attended the ribbon cutting for Molle Bridals; announced AJ
Brockman is a great "homegrown" guy; Wounded Warriors will be at the West Palm Beach
Airport Hilton on August 18 .
Mayor David Levy: attended Molle Bridals ribbon cutting, announced Haircut for Heroes; Mid-
September is the Rugby Tournament; announced the 2012, 21st PBG Kiwanis Club College
Football event at the Palm Beach Gardens Marriott on August 29th.
VI. CITY MANAGER REPORT
City Manager, Ronald Ferris announced changes to the Chambers; Sheryl Stewart earned her
Certified Human Resource Professional Certificate; recognized the success of the summer
programs: Aquatics, Golf, Sports Tournaments, Summer Market Nights and; October 14th begins
the Greenmarket.
VII. COMMENTS FROM THE PUBLIC
Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Kevin Easton, 8511 40th Terrace
North, Palm Beach Gardens; John Erhart, 9052 E. Highland Pines Drive, Palm Beach Gardens;
Will Wagner, 1108 Orinoco Way, Palm Beach Gardens.
VIII. CONSENT AGENDA
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-09-12
PAGE 1
1 a. APPROVE MINUTES FROM JULY 11, 2012 SPECIAL CITY COUNCIL MEETING.
2 b. APPROVE MINUTES FROM JULY 12, 2012 CITY COUNCIL MEETING.
3 c. RESOLUTION 44, 2012-CENTRAL GARDENS PLAT. A RESOLUTION OF THE CITY
4 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE
5 CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) PLAT;
6 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
7 d. RESOLUTION 65, 2012 -RENEW SPECIAL MAGISTRATE CONTRACT. A
8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
9 FLORIDA REAPPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT
10 SPECIAL MAGISTRATE; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
11 WITH KEVIN M. WAGNER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
12 PURPOSES.
13 e. RESOLUTION 74, 2012 -CONTRACT AWARD -EMS BILLING -3RD PARTY
14 BILLING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
15 GARDENS, FLORIDA APPROVING AN AGREEMENT WITH ADVANCED DATA
16 PROCESSING, INC. DBA INTERMEDIX FOR EMERGENCY MEDICAL SERVICES
17 THIRD-PARTY BILLING AND REPORTING SERVICES; AUTHORIZING THE MAYOR
18 TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR
19 OTHERPURPOSES.
20 f. RESOLUTION 75, 2012 -CONTRACT AWARD TO SOUTHERN SELF STORAGE. A
21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
22 FLORIDA A WARDING A CONTRACT FOR THE LEASE OF STORAGE LOCKER UNITS
23 TO SOUTHERN SELF STORAGE; AUTHORIZING THE MAYOR TO EXECUTE THE
24 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
25 g. RESOLUTION 77, 2012 -LEGACY PLACE PCD REQUEST FOR ADDITIONAL
26 SPECIAL EVENTS FOR YEARS 2012 AND 2013. A RESOLUTION OF THE CITY
27 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
28 ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY
29 DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
30 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
31 PURPOSES.
32 h. RESOLUTION 80, 2012-PURCHASE ALL-HAZARD SPECIAL RESPONSE VEHICLE.
33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
34 FLORIDA APPROVING THE EXPENDITURE OF $175,000 FROM THE LAW
35 ENFORCEMENT TRUST FUND TO PURCHASE AN ALL-HAZARD SPECIAL RESPONSE
36 VEHICLE; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT; PROVIDING AN
37 EFFECTIVE DATE; AND FOR OTHER PURPOSES
38 i. APPOINTMENT OF MR. KENNETH KIRBY TO THE WORKFORCE ALLIANCE.
39 j. PROCLAMATION-NATIONAL NIGHT OUT.
40 k. PROCLAMATION-85th ANNIVERSARY OF LESSER, LESSER, LANDY & SMITH,
41 PLLC.
42 Councilmember Tinsley requested that item c. Resolution 44, 2012 be removed from the
43 consent agenda and voted on separately.
44 Councilmember Jablin made a motion to approve the consent agenda, excluding item c.
45 Vice Mayor Premuroso seconded.
46 Motion passed 4-0.
47 Councilmember Tinsley reclused herself from voting on item c., Resolution 44, 2012, left the
48 Dias and completed Form 8B.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-09-12
PAGE 2
1 Council Member Jablin made a motion for approval of Resolution 44, 2012.
2 Vice Mayor Premuroso seconded.
3 Motion passed 3-0.
4 Council Member Tinsley returned to the Dias.
5 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
6 The City Clerk read Ordinance 24, 2012 by title.
7 a. ORDINANCE 24, 2012-(1ST READING) AMENDMENTS TO THE POLICE PENSION.
8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
9 FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF ORDINANCES OF THE
10 CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE III, POLICE OFFICERS'
11 RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY COUNCIL'S
12 ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS
13 BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY
14 POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61. DEFINITIONS.,
15 BY REPEALING THE DEFINITION OF "SALARY" AND READOPTING SAME, AS
16 REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND
17 READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL
18 RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135. ANNUAL
19 ADJUSTMENTS. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE
20 COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A
21 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
22 DATE; AND FOR OTHER PURPOSES.
23 Mayor Leyy opened the Public Hearing.
24 Petitioner: None.
25 Staff presentation: Finance Administrator, Allan Owens.
26 Public comment: None.
27 Mayor Leyy closed the Public Hearing.
28 Council Member Jablin made a motion to approve Ordinance 24, 2012 on 1st Reading.
29 Vice Mayor Premuroso seconded.
30 Motion passed 4-0.
31 The City Clerk read Ordinance 25, 2012 by title.
32 b. ORDINANCE 25,2012-(1st READING) AMENDING SECTION 26-2 AND SECTION 26-
33 17 TO CLARIFY LANGUAGE FOR CANVASSING BOARD. AN ORDINANCE OF THE
34 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING
35 CHAPTER 26. ELECTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF PALM
36 BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND
37 READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE CITY
38 CLERK'S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY'S
39 CANVAS SING BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
40 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
41 FOR OTHER PURPOSES.
42 Mayor Leyy opened the Public Hearing.
43 Petitioner: None.
44 Staff presentation: City Attorney, R. Max Lohman.
45 Public comment: None.
46 Mayor Leyy closed the Public Hearing.
47 Council Member Jablin made a motion for approval of Ordinance 25, 2012 on first reading.
48 Vice Mayor Premuroso seconded.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-09-12
PAGE 3
------------------------------------
1 Motion passed 4-0.
2 X. RESOLUTIONS
3 The City Clerk read Resolution 66, 2012 by title.
4 a. RESOLUTION 66,2012-HEALTH INSURANCE BENEFITS FISCAL YEAR 2012/2013.
5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
6 FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA
7 POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN
8 FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, FOR FISCAL YEAR
9 2012/2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
10 Staff presentation: Human Resources Generalist, Lauren Ferreira.
11 Council Member Jablin made a motion for approval of Resolution 66, 2012.
12 Council Member Tinsley seconded.
13 Motion passed 4-0.
14 The City Clerk read Resolution 69, 2012 by title.
15 b. RESOLUTION 69, 2012-FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE
16 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE
17 SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE
18 CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF
19 THE PUBLIC FOR FISCAL YEAR 2012/2013; PROVIDING AN EFFECTIVE DATE; AND
20 FOR OTHER PURPOSES.
21 StaffPresentation: Finance Administrator, Allan Owens.
22 Council Member Jablin made a motion for approval of Resolution 69, 2012.
23 Council Member Tinsley seconded.
24 Motion passed 4-0.
25 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
26 Council Member Tinsley discussed the League of Cities meeting on August 21 51 will have
27 Broadband on the agenda.
28 XII. CITY ATTORNEY REPORT
29 a. Settlement Agreement.
30 Council Member Jablin made a motion for approval of the settlement agreement.
31 Vice Mayor Premuroso seconded.
32 Motion passed 4-0.
33
34 (!'he remainder of this page intentionally left blank.)
35
36
37
38
39
40
41
42
43
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08..(}9-12
PAGE 4
~----
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
XIII. ADJOURNMENT
Councilmember Jablin made a motion to adjourn.
Councilmember Tinsley seconded.
Motion passed 4-0.
The meeting adjourned at 8:25 p.m.
The next regularly scheduled City Council meeting will be held September 13, 2012.
APPROVED:
David Levy, Mayor
~
Robert G. Premuroso, Vice Mayor
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-09-12
PAGE 5
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
a OTHER LOCAl AGENCY
a APPOlNTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at tile 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 Sta1utes.
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 1his 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 districCs elected on a <me-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a •retative" includes only the officers father. mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A -oosiness 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 desaibed above, you must disclose tile 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 tile form in tile 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 OEClS\ON 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 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.
• 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 pubfiCiy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, lv\:lrt\e 1\ns\t~ .herebydisctosetttaton.....:....fV:)-=--:;'--._q.:___ _____ ,2o )2-:
(a) A measure came or will come before my agenoy which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,----------------------
JL inured to the special gain or loss of my relative, _,hY~c:\Jr-G..,..,W~:a~.nd-¥=,4-------,---------------
;nured to the special gain or loss of ________________ -'------------• 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 befu<e my agency and u.e """""of my conllictingnOresUn.,. m.......,rs as fullowso ~~~~ •
~~~~~~u%~~~.
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY 8E 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 PAGE2
PALM BEACH GARDENS
·:;,1 wmj'm' 11/m:"· w lin•. l~'iim. uv,.A & ph •. , ...
City of Palm Beach Gardens
Office of the City Clerk
Letter of Transmittal
DATE: August 10, 2012
TO: Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 33411
IRe: Form SB
(i;:Hfor Your Records 0 For Recording
[I As Requested [] Returned for Corrections
[I For Review and Signature 0 Other: -------
Signed ~
Patricia Snider, CMC, City Clerk