HomeMy WebLinkAboutMinutes Council 1011121 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 October 11,2012
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6 The regular meeting was called to order at 7:06p.m. by Vice Mayor Premuroso.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Levy (arrived at 7:25 p.m.), Vice Mayor Premuroso, Council Member
10 Tinsley, Council Member Russo, Council Member Jablin.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 Linda Davidson, Presented the Government Finance Officers Association Budget Award.
16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
17 Council Member Marcie Tinsley: attended the Police Explorers GolfToumament; participated
18 in the Read for the Record, attended the PGA Corridor Breakfast, Palm Beach Gardens Yard
19 Sale, participated in the Fish for the Cure, attended the Youth Triathlon, announced the Green
20 Market Grand Opening, Congratulated Allan Owens, Mary Anderson Pickle and the entire
21 department on the Government Finance Officers Association Budget Award; announced October
22 is domestic violence month.
23 Council Member Joseph Russo: advised certificates will be forthcoming for the Anderson
24 Family; discussed the Inspector General Lawsuit.
25 Vice Mayor Robert Premuroso: thanked Dr. Underwood for allowing the Borland Center to
26 hold a welcoming for the JFK Emergency Medical Center.
27 Council Member Eric Jablin: introduced the Anderson family, Wayne, Chris, William and
28 Adam; four generations of Eagle Scouts; thanked staff for preparing for the Green Market.
29 Mayor David Leyy: Attended two ribbon cuttings, Transdermal and JFK Emergency Medical
30 Center located at Mid-town.
31 VI. CITY MANAGER REPORT
32 Discussed survey results for residents of 40th Terrace N. and Sunset Drive for capital
33 improvements; Palm Beach Post article regarding the proposed charter amendment.
34 VII. COMMENTS FROM THE PUBLIC
35 Kevin Easton, 8511 40th Terrace North, Palm Beach Gardens; Carol Courtney, 8511 40 1 h
36 Terrace, Palm Beach Gardens; Tom Cairnes, 3101 PGA Boulevard, Palm Beach Gardens; Joan
37 Elias, 1009 Diamond Head Way, Palm Beach Gardens.
38 VIII. CONSENT AGENDA
39 a. APPROVE MINUTES FROM SEPTEMBER 13, 2012 CITY COUNCIL MEETING.
40 b. APPROVE MINUTES FROM SEPTEMBER 20, 2012 CITY COUNCIL MEETING.
41 c. RESOLUTION 84, 2012 -APPROVING AN AGREEMENT FOR ECONOMIC
42 DEVELOPMENT INCENTIVES WITH TBC CORPORATION. A RESOLUTION OF THE
43 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING
44 THE MAYOR TO EXECUTE AN ECONOMIC DEVELOPMENT INCENTIVES
45 AGREEMENT WITH TBC-TIRE & BATTERY CORPORATION AND SUBSIDIARIES;
46 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
47 Council Member Jablin made a motion for approval of the Consent Agenda.
48 Council Member Tinsley seconded.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
10-11-12
PAGE 1
Motion passed 5-0.
IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
Those preparing to give testimony were sworn in.
The City Clerk read Resolution 78, 2012 by title.
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a. *RESOLUTION 78~ 2012 -PGA COMMONS PARCEL 2 PLANNED UNIT
DEVELOPMENT AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS~ FLORIDA APPROVING AN AMENDMENT TO THE
PGA COMMONS PARCEL 2 PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW
MODIFICATIONS TO THE APPROVED SITE PLAN, SPECIFICALLY RELATED TO
ACCENT LIGHTING, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Vice Mayor Premuroso abstained from voting, stepped away from the Dias and filled out form
8B.
14 Mayor Leyy opened the Public Hearing.
15 Petitioner: Anne Booth, Urban Design Kilday Studios.
16 Staff presentation: Senior Planner, Kathryn DeWitt.
17 Public comment: None.
18 Mayor Leyy closed the Public Hearing.
19 Council Member Jab lin made a motion to approve Resolution 78, 2012.
20 Council Member Russo seconded.
21 Motion passed 4-0.
22 Vice Mayor Premuroso returned to the Dias.
23 X. RESOLUTIONS
24 The City Clerk read Resolution 89,2012 by title.
25 · a. RESOLUTION 89, 2012 APPOINT MEMBERS TO THE ART IN PUBLIC PLACES
26 ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
27 BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND
28 ALTERNATE MEMBERS TO THE ART IN PUBLIC PLACES ADVISORY BOARD;
29 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
30 Council Member Jablin made a motion to approve Resolution 89,2012.
31 Council Member Russo seconded.
32 Motion passed 5-0.
33 The City Clerk read Resolution 90, 2012 by title.
34 b. RESOLUTION 90, 2012-APPOINT MEMBERS TO THE RECREATION ADVISORY
35 BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
36 GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND
37 ALTERNATE MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD;
38 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
39 Council Member Tinsley made a motion to approve Resolution 90, 2012.
40 Council Member Jablin seconded.
41 Motion passed 5-0.
4 2 The City Clerk read Resolution 91, 2012 by title.
43 c. RESOLUTION 91, 2012 -APPOINT MEMBERS TO THE PLANNING ZONING AND
44 APPEALS BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
45 BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND
46 ALTERNATE MEMBERS TO THE PLANNING, ZONING, AND APPEALS BOARD;
47 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
48 Council Member Jablin made a motion to approve Resolution 91, 2012.
CllY OF PALM BEACH GARDENS REGULAR COUNCil MEETING
10-11-12
PAGE 2
1 Council Member Tinsley seconded.
2 Motion passed 5-0.
3 The City Clerk read Resolution 93, 2012 by title.
4 d. RESOLUTION 93, 2012-AMENDMENT 4 TO THE FLORIDA CONSTITUTION. A
5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
6 FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH,
7 IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX
8 SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE
9 EXPENSE OF OTHER TAXPAYERS; PROVIDING AN EFFECTIVE DATE; AND FOR
10 OTHER PURPOSES.
11 Council Member Jablin made a motion to approve Resolution 91, 2012.
12 Council Member Russo seconded.
13 Motion passed 5-0.
14 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
15 None.
16 XII. CITY ATTORNEYREPORT
17 None.
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
10-11-12
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XIII. ADJOURNMENT 1
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Mayor Levy made a motion to adjourn.
Councilmember Russo seconded.
Motion passed 5-0.
The meeting adjourned at 8:46p.m.
The next regularly scheduled City Council meeting will be held November 1, 2012.
APPROVED:
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40 Patricia Snider, CMC
41 City Clerk
42
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David Levy, Mayor
Robert G. Premuroso, Vice Mayor
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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
10-11-12
PAGE 4
PALM BEACii ·Gr\RO£N$
·:,J rmlfJltc· f!lacr: w ln't". 1.-.uri. u'tl~t & pf~;y• ~
City of Palm Beach Gardens
Office of the City Clerk
Letter of Transmittal
DATE: October 12, 2012
TO: Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 33411
IRe: Fonn8B
~Your Records 0 For Recording
[] As Requested 0 Returned for Corrections
[] For Review and Signature 0 Other: -------
Signed__..;<;2~2k~fl=---------
Patricia Snider, CMC, City Clerk
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAS AME-FIRST NAME-MjDDL) NAME
/'C•-...vnsi'o /fo~ ~t£
THE BOARD, COJNC1l.:, COMMISSION, AUTHORITY OR OOMMITTEE ON
lSERVE IS A UNIT OF:
CITY f,b,~J"
0 APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person Serving at the county, city, OT 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 oftter 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 or-ganization 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 disbicts elected on a one-acre, one-wte basis are not prohibited from.voting in that
capacity.
For purposes of this law, a "relative• includes only the officefs 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 OT 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 conffrct
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; end
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 olherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to inDuence 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 86-EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provjded 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 fifed.
1
J> /} DISCLOSURE OF LOCAL OFFICER'S INTEREST
R (Jt~ /"('~~ hereby disclose that on ____ /_osr_/,._1/:...__ ______ ,, 20 I (_ : I,
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss; (r' <7J ,.. 1
/ ~ ,.... AA «r;, ,.-~ ) [Sf-(/.1'1 tfd f/>tf-JJI'::;
.,!:::: inured to the special gain or loss of my business associate, ----"~'-L....!.;..;...-="':...:. .. ----'~-' '".,...__'_ ··...;;""...;;"'-""------------
inured to the special gain or loss of my relative, -----~------,--------------
inured 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.
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 88-EFF. 112000 PAGE2