HomeMy WebLinkAboutMinutes Council 091312CITY
OF
PALM
BEACH
GARDENS
REGULAR
COUNCIL
MEETING
PAGE
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09-
13-
12
CITY
OF
PALM
BEACH
GARDENS
1
CITY
COUNCIL
2
REGULAR
MEETING
3
September
13,
2012
4
5
The
regular
meeting
was
called
to
order
at
7:
02
p.
m.
by
Mayor
Levy.
6
I.
PLEDGE
OF ALLEGIANCE 7 II. ROLL
CALL 8
PRESENT: Mayor
Levy, Vice Mayor
Premuroso, Council Member Tinsley, Council Member 9 Russo, Council Member Jablin. 10 ABSENT: None. 11
III. ADDITIONS, DELETIONS, MODIFICATIONS
12 None. 13
IV. ANNOUNCEMENTS AND PRESENTATIONS 14 None. 15 V. ITEMS OF RESIDENT
INTEREST AND BOARD/COMMITTEE
REPORTS 16
Council Member Marcie Tinsley:
Attended
the funeral of Officer
St.
Laurent and expressed 17 condolences to his family; the
League of Cities conference; PGA Corridor Executive Board 18 Meeting; announced the upcoming
County Commission Public Hearing; Mayor’s Literacy 19 Luncheon; Police Explorers Golf Tournament;
Chamber of Commerce Mayor’s Breakfast; 20 expressed wishes for a
Happy New Year to the Jewish Community. 21 Council Member Joe
Russo: Expressed condolences to Officer St. Laurent’s family; attended 22
the North County Economic Development Advisory Board Meeting; expressed wishes for a 23
Happy New Year to the Jewish Community. 24 Vice Mayor Bert Premuroso:
Attended the PBGYAA annual meeting. 25 Council
Member Eric Jablin: Expressed condolences to Officer St. Laurent’
s family; attended 26 the 9/11 countywide remembrance at Christ Fellowship. 27
Mayor David Levy: Thanked the parents of the
PBGYAA; attended the 9/11 countywide 28 remembrance at Christ Fellowship; announced the upcoming
soccer opening. 29 VI. CITY MANAGER REPORT Discussed Tropical
Storm Isaac and the City’s drainage 30 system; Pavement Management Program; thanked
the Code & Building Department for their 31 volunteer services as part
of the Community Action Support Team (CAST); announced that 32 David Reyes and
Michael Morrow received National Public Works Association awards. 33 VII. COMMENTS
FROM THE PUBLIC 34 Irish
Scheibl, 1029 Siena Oaks Circle West, Palm Beach Gardens; Kevin Easton, 8511 40th 35
Terrace North, Palm Beach Gardens.
36 VIII. CONSENT
AGENDA 37 a. APPROVE MINUTES FROM AUGUST 9, 2012 CITY
COUNCIL MEETING. 38 b. RESOLUTION 76, 2012 - APPOINTING THE SUPERVISOR
OF ELECTIONS AS 39 ADDITIONAL MEMBER OF THE CANVASSING BOARD.
A RESOLUTION OF THE 40 CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPOINTING 41 THE SUPERVISOR OF ELECTIONS, OR
DESIGNEE, AS AN ADDITIONAL MEMBER OF 42 THE CITY’S
CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, 43 OR DESIGNEE, TO
CANVASS ALL ABSENTEE BALLOTS, TO CONDUCT THE LOGIC 44
AND ACCURACY TESTING OF THE ELECTRONIC ELECTION MACHINERY AND 45
TABULATION EQUIPMENT FOR THE CITY; CERTIFY THE RESULTS OF
THE
46 GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
47 PURPOSES. 48
1 c. RESOLUTION 82, 2012 -INTERLOCAL AGREEMENT WITH JUPITER INLET
2 COLONY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
3 GARDENS, FLORIDA BETWEEN THE CITY OF PALM BEACH GARDENS AND
4 JUPITER INLET COLONY TO PROVIDE DISPATCH AND COMMUNICATIONS
5 OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
6 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
7 d. RESOLUTION 83, 2012 -APPROVE THE COlLECTIVE BARGAINING AGREEMENT.
8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
9 FLORIDA APPROVING AND RATIFYING ARTICLE 28, SALARY PLAN, OF THE
10 COLLECTIVE BARGAINING AGREEMENT WITH THE SERVICE EMPLOYEES
11 INTERNATIONAL UNION/FLORIDA PUBLIC SERVICES UNION FOR THE FISCAL
12 YEAR 2012-2013; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE
13 SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
14 e. RESOLUTION 85, 2012 -AUDITING SERVICES. A RESOLUTION OF THE CITY
15 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
16 ADDENDUM I TO THE AGREEMENT FOR INDEPENDENT AUDIT SERVICES WITH
17 RAMPELL & RAMPELL, P.A.; AUTHORIZING THE MAYOR TO EXECUTE
18 ADDENDUM I TO THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR
19 OTHERPURPOSES.
20 f. RESOLUTION 88,2012 SUPPORT PROTECT OUR BEACHES, INC. A RESOLUTION
21 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
22 SUPPORTING PROTECT OUR BEACHES, INC., A COALITION TO FINDING A
23 PERMANENT, ECOLOGICALLY SOUND SOLUTION TO PROTECTING OUR BEACHES
24 AND DUNES FROM EROSION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
25 PURPOSES.
26 g. TENNIS CONTRACTORS -DUE TO THE SUCCESS OF THE TENNIS PROGRAM,
27 PATRICK MUNROE, AND HUY NGUYEN EXPECT TO EXCEED THE CONTRACT
28 THRESHOLD OF $65,000.00 FOR FISCAL YEAR 2012-2013. MR. MUNROE AND MR.
29 NGUYEN HAVE MADE IT POSSIBLE FOR THE CITY TO EARN ADDITIONAL
30 REVENUE DUE TO THEIR PROFESSIONAL EXPERTISE AND POPULARITY WITH
31 PATRONS.
32 h. LOCAL COURIER SERVICES -THE CONTRACT WITH ZAP LOGISTICS, LLC, WILL
33 ALLOW THE CITY TO PURCHASE LOCAL COURIER SERVICES FOR THE DELIVERY
34 OF MAIL AND DEPOSITS TO THE BANK FOR VARIOUS CITY DEPARTMENTS. THIS
35 AGREEMENT IS A PIGGYBACK OF A COMPETITIVELY BID AND AWARDED MIAMI-
36 DADE COUNTY CONTRACT. EXTENSIVE MARKET RESEARCH WAS CONDUCTED
37 TO LOCATE A CONTRACT TO PIGGYBACK FOR COURIER SERVICES.
38 i. POOL CHEMICALS AND SUPPLIES THE CONTRACT WITH GOMEZ CHEMICALS,
39 INC DBA BEACH-0-RAMA WILL ALLOW THE CITY TO PURCHASE POOL
40 CHEMICALS, SUPPLIES, AND RELATED ITEMS FOR THE RECREATION DIVISION
41 AND TO MAINTAIN THE SWIMMING POOLS IN A HEALTHY AND SAFE CONDITION
42 FOR USE BY CITY RESIDENTS AND OTHER PARTICIPANTS.
43 j. JANITORIAL SUPPLIES AND CHEMICALS RENEWAL OF AN AGREEMENT WITH
44 INTERLINE BRANDS, INC. DBA AMSAN TO PIGGYBACK A CITY OF SUNRISE
45 CONTRACT TO PURCHASE JANITORIAL SUPPLIES AND CHEMICALS. THE VARIOUS
46 SUPPLIES AND CHEMICALS AVAILABLE ON THE CONTRACT WERE
47 COMPETITIVELY SOLICITED AND MEET THE NEEDS AND REQUIREMENTS OF THE
48 PARKS AND PUBLIC FACILITIES DEPARTMENT.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-12
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k. CANAL LONG-LINE MOWING SERVICES -THE CONTRACT WITH THE GRASS
ROOTS CORP. WILL ALLOW THE CITY TO PURCHASE CANAL LONG-LINE MOWING
SERVICES FOR VARIOUS CITY PROPERTIES FOR A PERIOD OF FIVE YEARS. THE
NEW CONTRACT PRICES ARE LESS THAN THE CURRENT PRICES BEING PAID TO
THE INCUMBENT VENDOR AND THE CITY WILL REALIZE SAVINGS OF $78,818
OVER THE FIVE-YEAR TERM OF THE CONTRACT. THE PURCHASE OF CANAL
LONG-LINE MOWING SERVICES IS NECESSARY FOR THE HEALTH, SAFETY, AND
WELFARE OF CITY RESIDENTS AND MAINTAINS AN AESTHETIC OF CLEANLINESS
AND ORDER FOR THE CITY.
1. SUPPLEMENTAL AGREEMENT WITH BALLARD AND PARTNERS FOR CITY
LOBBYING SERVICES -THE CITY AWARDED A CONTRACT TO BALLARD
PARTNERS, INC. FOR PROVISION OF APPROPRIATIONS LOBBYIST SERVICES, WITH
AN EXPIRATION DATE OF SEPTEMBER 30, 2014. PURSUANT TO THE PROVISIONS
OF THE AGREEMENT, THE CITY AND CONTRACTOR ARE REQUIRED TO AGREE ON
A NEW PRICE FOR FISCAL YEARS 2012-2013 AND 2013-2014. THE CONTRACTOR
HAS PROPOSED A FIXED AMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY
THOUSAND DOLLARS ($120,000) (SIXTY THOUSAND DOLLARS-$60,000 PER YEAR)
FOR THE REMAINDER OF THE CONTRACT TERM.
Council Member Jablin made a motion for approval ofthe Consent Agenda.
Council Member Tinsley seconded.
Motion passed 5-0.
IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
Those preparing to give testimony were sworn in.
a. PRESENTATION OF THE FISCAL YEAR 2012/2013 BUDGET.
25 Mayor Levy opened the Public Hearing.
26 Staff presentation: Finance Administrator, Allan Owens.
27 Budget Oversight Committee Annual Report, presented by Chairman, Phillip Woodall.
28 Public Comment: Marilyn Jacobs, 16 Bermuda Lake Drive, Palm Beach Gardens.
29 Mayor Levy closed the Public Hearing.
30 Council Member Jablin made a motion to adopt a proposed operating millage rate of 5.7404
31 mills and debt millage rate of .1790 for a total tentative rate of 5.9194 mills for fiscal year
32 2012/2013. Staff recommends an announcement be made declaring that the proposed rate
33 . exceeds the roll-back rate by 1.19%.
34 Council Member Tinsley seconded.
35 Motion passed 5-0.
36 The City Clerk read Ordinance 26, 2012 by title.
37 b. ORDINANCE 26, 2012 -(1ST READING) ADOPTING FISCAL YEAR 2012/2013
38 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
39 GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH
40 GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND ENDING
41 SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
42 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
43 Mayor Levy opened the Public Hearing.
44 Staff presentation: Finance Adminisrator, Allan Owens.
45
46
Public comment: None.
Mayor Levy closed the Public Hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-12
PAGE 3
1 Council Member Jablin made a motion to approve Ordinance 26, 2012 on first reading,
2 adopting a tentative budget for fiscal year 2012/2013 and setting the second and fmal reading for
3 September 20, 2012 at 7:00p.m. in the Council Chambers.
4 Council Member Tinsley seconded.
5 Motion passed 5-0.
6 The City Clerk read Ordinance 22, 2012 by title.
7 c. ORDINANCE 22, 2012-(2ND READING AND ADOPTION) BUSINESS TAX LAW
8 CHANGES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
9 GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. AT ARTICLE II.
10 BUSINESS TAX AND REGISTRATION. BY CREATING AN ENTIRELY NEW SECTION
11 66-65 TO PROVIDE A NEW STATUTORILY MANDATED EXEMPTION FOR REAL
12 ESTATE BROKER ASSOCIATES AND SALES ASSOCIATES; BY RE-NUMBERING THE
13 EXISTING SECTION 66-65 AND ALL FOLLOWING SECTIONS IN THIS ARTICLE
14 ACCORDINGLY; AND BY AMENDING THE EXISTING FEE SCHEDULE TO CONFORM
15 WITH THE NEW EXEMPTION AND ELIMINATE THE BUSINESS TAX FOR
16 INDIVIDUAL REAL ESTATE SALES AGENTS AND BROKERS; PROVIDING THAT
17 EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66.
18 TAXATION. SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A
19 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
20 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21 Mayor Levy opened the Public Hearing.
22 Staff presentation: Business Services Coordinator, Kenthia White.
23 Public comment: None.
24 Mayor Levy closed the Public Hearing.
25 Council Member Jablin made a motion to approve Ordinance 22, 2012 on 2nd reading and
26 adoption.
27 Vice Mayor Premuroso seconded.
28 Motion passed 5-0.
29 The City Clerk read Ordinance 23, 2012 by title.
30 d. ORDINANCE 23, 2012 (2nct READING AND ADOPTION) FIRE PENSION. AN
31 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
32 FLORIDA AMENDING CHAPTER 38. FIRE PREVENTION AND PROTECTION. OF THE
33 CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT
34 ARTICLE II. FIREFIGHTERS' PENSION FUND. IN ORDER TO IMPLEMENT
35 PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN
36 THE CITY OF PALM BEACH GARDENS AND THE PROFESSIONAL FIREFIGHTERS
37 AND PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.; AMENDING
38 SECTION 38-51. DEFINITIONS. BY REVISING THE DEFINITION OF "SALARY";
39 AMENDING SECTION 38-55. CONTRIBUTIONS. PROVIDING FOR AN INCREASE IN
40 MEMBER CONTRIBUTIONS AND PROVIDING FOR A DECREASE IN MEMBER
41 CONTRIBUTIONS TO BE FUNDED BY EXCESS PREMIUM TAX REVENUES;
42 AMENDING SECTION 38-56. BENEFIT AMOUNTS AND ELIGIBILITY. REVISING THE
43 NORMAL RETIREMENT BENEFIT AND REVISING THE COST OF LIVING
44 ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
45 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
46 PURPOSES.
47 Mayor Levy opened the Public Hearing.
48 Staff presentation: Finance Adminisrator, Allan Owens.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-12
PAGE 4
1 Public comment: None.
2 Mayor Levy closed the Public Hearing.
3 Council Member Jablin made a motion to approve Ordinance 23, 2012 on 2nd reading and
4 adoption.
5 Vice Mayor Premuroso seconded.
6 Motion passed 5-0.
7 The City Clerk read Ordinance 24, 2012 by title. .
8 e. ORDINANCE 24, 2012-(2ND READING AND ADOPTION) AMENDMENTS TO THE
9 POLICE PENSION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
10 BEACH GARDENS, FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF
11 ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE III,
12 POLICE OFFICERS' RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE
13 CITY COUNCIL'S ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING
14 NEGOTIATIONS BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM
15 BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61.
16 DEFINITIONS., BY REPEALING THE DEFINITION OF "SALARY" AND READOPTING
17 SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND
18 READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL
19 RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135. ANNUAL
20 ADWSTMENTS. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE
21 COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A
22 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
23 DATE; AND FOR OTHER PURPOSES.
24 Mayor Levy opened the Public Hearing.
25 Staff presentation: Finance Adminisrator, Allan Owens.
26 Public comment: None.
27 Mayor Levy closed the Public Hearing.
28 Council Member Jablin made a motion to approve Ordinance 24, 2012 on 2nd reading and
29 adoption.
30 Vice Mayor Premuroso seconded.
31 Motion passed 5-0.
32 The City Clerk read Ordinance 25, 2012 by title.
33 f. ORDINANCE 25, 2012-(2nct READING AND ADOPTION) CLARIFY LANGUAGE FOR
34 CANVASSING BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
35 PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. OF THE
36 CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA BY
37 REPEALING SECTIONS 26-2 AND 26-17 AND READOPTING SAME, AS REVISED, IN
38 ORDER TO REVISE AND CLARIFY THE CITY CLERK'S ELECTION DUTIES AND TO
39 REVISE THE COMPOSITION OF THE CITY'S CANVASSING BOARD; PROVIDING A
40 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
41 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Levy opened the Public Hearing.
43 Staff presentation: None.
44 Public comment: None.
45 Mayor Levy closed the Public Hearing.
46 Council Member Jablin made a motion to approve Ordinance 25, 2012 on 2nd reading and
4 7 adoption.
48 Vice Mayor Premuroso seconded.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-12
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1 Motion passed 5-0.
2 The City Clerk read Resolution 81, 2012 by title.
3 g. *RESOLUTION 81, 2012-DOWNTOWN AT THE GARDENS SHARED PARKING. A
4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
5 FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS
6 SITE PLAN TO APPROVE A SHARED PARKING STUDY AND MODIFY CONDITIONS
7 OF APPROVAL RELATED TO LIGHTING, AS MORE PARTICULARLY DESCRIBED
8 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS;
9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
10 Mayor Levy opened the Public Hearing.
11 Petitioner Presentation: Donaldson Hearing, Cotleur and Hearing.
12 Staff presentation: Director of Planning & Zoning, Natalie Crowley.
13 Public comment: None.
14 Mayor Levy closed the Public Hearing.
15 Council Member Jablin made a motion to approve Resolution 81, 2012.
16 Council Member Tinsley seconded.
17 Motion passed 5-0.
18 X. RESOLUTIONS
19 The City Clerk read Resolution 86, 2012 by title.
20 a. RESOLUTION 86, 2012-PROPERTY AND CASUALTY INSURANCE. A RESOLUTION
21 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
22 APPROVING AN AGREEMENT WITH FLORIDA LEAGUE OF CITIES, INC. (SPONSOR
23 OF THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT)) FOR PROPERTY AND
24 CASUALTY INSURANCE COVERAGE; AUTHORIZING THE MAYOR TO EXECUTE
25 SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
26 PURPOSES.
27 Staff presentation: Finance Adminisrator, Allan Owens.
28 Public comment: Rob Grand and Sharleen O'Toole, Wells Fargo, 2054 Vista Parkway, West
29 Palm Beach.
30 Council Member Jablin made a motion to approve Resolution 86, 2012.
31 Council Member Russo seconded.
32 Motion passed 5-0.
33 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
34 Mayor Levy requested a status of the Inspector General Law Suit.
35 Council Member Tinsley announced e-blasts and paperless technology for weekly updates.
36 XII. CITY ATTORNEY REPORT
37 None.
38 (The remainder of this page intentionally left blank.)
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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XIII. ADJOURNMENT
Councilmember Jablin made a motion to adjourn.
Councilmember Tinsley seconded.
Motion passed 5-0.
The meeting adjourned at 9:00 p.m.
The next regularly scheduled City Council meeting will be held September 20, 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
09-13-12
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