HomeMy WebLinkAboutAgenda Council Agenda 071911
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
July 19, 2011
7:00 P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
I.PLEDGE OF ALLEGIANCE
II.ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. RECOGNITION OF PALM BEACH GARDENS HIGH SCHOOL LADY GATORS
SOFTBALL STATE CHAMPIONSHIP.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII.CONSENT AGENDA:
(Page5)
a. APPROVE MINUTES FROM MAY 25, 2011 CITY COUNCIL SPECIAL
MEETING.
(Page 7)
b. APPROVE MINUTES FROM JUNE 2, 2011 CITY COUNCIL MEETING.
(Staff Report on Page 12,Resolution on Page 14)
c. RESOLUTION 39, 2011 -
STORM DEBRIS DISPOSAL SERVICES AGREEMENTS. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING ADDENDA TO STAND-BY AGREEMENTS WITH GRUBBS
EMERGENCY SERVICES, LLC AND OMNI PINNACLE, LLC FOR DISASTER
RECOVERY SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE
ADDENDA; AUTHORIZING THE CITY MANAGER TO APPROVE FUTURE
ADDENDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Staff Report on Page 48,Resolution on Page 50)
d. RESOLUTION 42, 2011 -
EXTENSION OF STANDBY DISASTER RECOVERY SERVICES
AGREEMENTS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN EXTENSION OF THE
STANDBY DISASTER RECOVERY SERVICES AGREEMENTS WITH CERES
ENVIRONMENTAL SERVICES, INC., PHILLIPS & JORDAN, INC., AND
ASHBRITT, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE
EXTENSIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Page 181)
e. PROCLAMATION PARKS AND RECREATION MONTH.
(Page 182)
f. PROCLAMATION TOLIVER-HARRINGTON FAMILY REUNION
DAYS.
*
IX.PUBLIC HEARINGS:(Designates Quasi-Judicial Hearing)
(Staff Report on Page 183,Ordinance on Page 340, Resolution on Page
a. *
343)
ORDINANCE 9, 2011 (2nd READING AND ADOPTION) AMENDING
THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD). AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE PGA NATIONAL PLANNED
COMMUNITY DEVELOPMENT (PCD), APPROVED BY ORDINANCE 22, 1998,
TO ELIMINATE CERTAIN CONDITIONS OF APPROVAL RELATING TO
RYDER CUP BOULEVARD; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RESOLUTION 24, 2011 IS A COMPANION ITEM TO ORDINANCE 9, 2011
AND WILL REQUIRE COUNCIL ACTION.
*RESOLUTION 24, 2011 - TRAFFIC CONTROL AGREEMENT. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING THE PGA NATIONAL TRAFFIC CONTROL
AGREEMENT APPROVED BY RESOLUTION 99, 2006 TO ELIMINATE
CERTAIN CONDITIONS OF APPROVAL RELATING TO RYDER CUP
BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Staff Report on Page 381,Resolution on Page 411)
b. * RESOLUTION 27, 2011
- PALM BEACH COMMUNITY CHURCH/BORLAND CENTER REQUEST FOR
AN ADDITIONAL MONUMENT SIGN. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE
BORLAND CENTER PLANNED UNIT DEVELOPMENT (PUD) LOCATED
ALONG THE NORTH SIDE OF PGA BOULEVARD BETWEEN GARDENS
SQUARE BOULEVARD AND SHADY LAKES DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN; APPROVING WAIVERS TO ALLOW
AN ADDITIONAL MONUMENT SIGN WITH ELECTRONIC CHANGEABLE
COPY AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(Staff Report on Page 420,Ordinance on Page 424)
c. ORDINANCE 13, 2011
st
(1 READING) PROPOSED COMMUNICATION TAX.AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE;
PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL
COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO
THE DEPARTMENT OF REVENUE; PROVIDING A CONFLICTS CLAUSE AND
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(Staff Report on Page 427,Resolution on Page 479)
d. * RESOLUTION 36, 2011
- SITE PLAN AMENDMENT AT DOWNTOWN AT THE GARDENS. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE MASTER LAKE AREA PLAN WITHIN
DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL
CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) / PLANNED
COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY
DESCRIBED HEREIN, TO MODIFY CERTAIN CONDITIONS OF APPROVAL
RELATIVE TO THE TIMING OF THE INSTALLATION OF THE PLAN
IMPROVEMENTS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Staff Report on Page 494,Ordinance on Page 496)
e. ORDINANCE 14, 2011
st
(1 READING) AMENDING CHAPTER 1. AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING
THE CITY CODE OF ORDINANCES AT CHAPTER 1. GENERAL PROVISIONS.
BY REPEALING SECTION 1-2. DEFINITIONS AND RULES OF
CONSTRUCTION. AND READOPTING SAME WITH FIVE (5) NEW
DEFINITIONS WHICH SHALL BE INCLUDED AMONG THE EXISTING
DEFINITIONS IN ALPHABETICAL ORDER; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 1. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(Staff Report on Page 501,Ordinance on Page 503)
ORDINANCE 15, 2011 -
f.
ST
(1 READING) AMENDING ORDINANCE 7, 2010, BUSINESS TAX AND
REGISTRATION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION.
OF THE CITY CODE OF ORDINANCES BY REPEALING SECTION 66-58.
PROFESSIONS; STATE LICENSURE PREREQUISITE TO CITY BUSINESS
TAX RECEIPT. AND READOPTING SAME IN ORDER TO COMPLY WITH
CHAPTER 205, FLORIDA STATUTES; FURTHER AMENDING CHAPTER 66.
BY REPEALING SECTION 66-68 AND READOPTING SAME, AS REVISED,
FOR CLARIFICATION; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 66. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
(Staff Report on Page 507,Resolution on Page 509)
a. RESOLUTION 33, 2011 -
ADOPTING A PROPOSED MAXIMUM MILLAGE RATE. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
ADOPTING A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF
PALM BEACH GARDENS FOR FISCAL YEAR 2011/2012; SETTING THE
DATE, TIME, AND PLACE OF THE FIRST BUDGET HEARING; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII.ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE)
.
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
1
CITY COUNCIL
2
SPECIAL MEETING
3
MAY 25, 2011
4
5
Mayor Levy.
6 The special meeting was called to order at 10:04 a.m. by
I. PLEDGE OF ALLEGIANCE
7
II. ROLL CALL
8
PRESENT:
9 Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Marcie
10 Tinsley.
ABSENT:
11 Councilmember Joseph Russo, Councilmember Eric Jablin.
III. ANNOUNCEMENTS AND PRESENTATIONS
12
13 a.PALM BEACH COUNTY COMMISSION ON ETHICS TO CONDUCT CODE OF
14 ETHICS TRAINING
Commission on Ethics Executive Director Alan Johnson, Esq.
15 gave a presentation explaining
16 the new Code of Ethics.
17
(The remainder of this page intentionally left blank.)
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
49
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
052511
XIV. ADJOURNMENT
1
Councilmember Tinsley
2 made a motion to adjourn.
Vice Mayor Premuroso
3 seconded.
4 Motion passed 3-0.
5 The meeting adjourned at 11:37 p.m.
6
APPROVED
7 :
8
9
10
11 David Levy, Mayor
12
13
14
15 Robert G. Premuroso, Vice Mayor
16
17
18
19 Joseph R. Russo, Councilmember
20
21
22
23 Eric Jablin, Councilmember
24
25
26
27 Marcie Tinsley, Councilmember
28
29
30
31
32
33
34
ATTEST:
35
36
37
38
39
40 Patricia Snider, CMC
41 City Clerk
42
43
44
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
052511
CITY OF PALM BEACH GARDENS
1
CITY COUNCIL
2
REGULAR MEETING
3
JUNE 2, 2011
4
5
Mayor Levy.
6 The regular meeting was called to order at 7:12 p.m. by
I. PLEDGE OF ALLEGIANCE
7
Councilmember RussoGary Carter
8 requested a moment of silence for .
II. ROLL CALL
9
PRESENT:
10 Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo,
11 Councilmember Marcie Tinsley.
ABSENT:
12 Councilmember Eric Jablin.
III. ADDITIONS, DELETIONS, MODIFICATIONS
13
14 None.
IV. ANNOUNCEMENTS AND PRESENTATIONS
15
16
a.RECOGNITION OF BENJAMIN SCHOOL LACROSSE IA STATE CHAMPIONS.
Mayor LevyCouncilmembersBenjamin
17 and acknowledged the accomplishments of the
School Lacrosse Team
18 .
19 b.
LEGISLATIVE UPDATE FROM REPRESENTATIVE ROONEY.
District 83 Representative Patrick Rooney
20 presented the legislative update.
21
c.PRESENTATION OF CITIZEN LIFE SAVING AWARD.
EMS Division Fire Chief Keith BryerDr. Kenneth Scheppke, Fire Rescue
22 introduced
Medical DirectorRobin JohnsonDr. Peter Virtulli
23 who presented and with the Palm Beach
Dylan Hunerberg
24 Gardens Fire Rescue Life Saving Award for the rescue of .
25
d.PUBLIC SECTOR EXCELLENCE AWARD.
Information Technology Administrator Eric Holdt
26 presented the Tyler Technologies 2010
Software Systems Manager Matt Dougherty,Human
27 Public Sector Excellence Award to
Resources Special Projects Coordinator Niki SpencerFinance Payroll Coordinator
28 and
Debby Steinbruckner
29 .
V. ITEMS OF INTEREST AND BOARD/COMMITTEE REPORTS
30
Councilmember Tinsley
31 reported attending the Amanda Buckley Give a Smile to a Child Golf
32 Tournament,Parks and Recreation Advisory Board meeting, Palm Beach CountyCode of Ethics
33 training, Memorial Day ceremony, Palm Beach Gardens Youth Athletic Association (PBGYAA)
34 Triple Crown Baseball Tournament and announced the dates of operation for the aquatic
35 complex and tennis center, the Emergency Operations and Communications Center (EOCC)
36 Golf Center
37 promotion and participation in the League of Cities webinar regarding the changes to Growth
Councilmember Russo
38 Management. reported attending a Honda Classic meeting and thanked
Vice Mayor
39 the Florida Weekly newspaper for reporting on Palm Beach Gardens events.
PremurosoMayor Levy
40 reported being appointed to the Inspector General Budget Delegation.
41 reported attending a Bioscience Land Protection Advisory Board meeting and named the new
42 Executive Director for the League of Cities.
VI. CITY MANAGER REPORT
43
44 None.
VII.COMMENTS FROM THE PUBLIC
45
Terence BradyRoger Blangy
46 , 4409 Lacey Oak Drive, Palm Beach Gardens; , 11658 Hemlock
Eric McClellan
47 Street, Palm Beach Gardens; , 363-2 Prestwick Circle, Palm Beach Gardens.
48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
060211
VIII. CONSENT AGENDA
1
2 a.APPROVE MINUTES FROM MAY 5, 2011 CITY COUNCIL MEETING.
3 b.
RESOLUTION 28, 2011 NORTHLAKE BOULEVARD INTERLOCAL AGREEMENT. A
4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
5
APPROVING A FOURTH AMENDMENT TO THE AMENDED AND RESTATED INTERLOCAL
6
AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE
7
PARK, PALM BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; PROVIDING AN
8
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
9 c. RESOLUTION 29, 2011 INTERLOCAL AGREEMENT WITH NORTHERN PALM
10 BEACH COUNTY IMPROVEMENT DISTRICT. A RESOLUTION OF THE CITY COUNCIL
11 OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR
12 TO EXECUTE AN INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH
13 COUNTY IMPROVEMENT DISTRICT FOR NATIONAL POLLUTANT DISCHARGE
14 ELIMINATION SYSTEM (NPDES) THIRD-TERM PERMIT; PROVIDING AN EFFECTIVE
15 DATE; AND FOR OTHER PURPOSES..
16 d. RESOLUTION 32, 2011 DECLARING SURPLUS PROPERTY. A RESOLUTION OF
17 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
18 DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY
19 AND AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE;
20 AND FOR OTHER PURPOSES.
21 e. RESOLUTION 34, 2011 INTERLOCAL AGREEMENT WITH PALM BEACH
22 COUNTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
23 GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM
24 BEACH COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
25 INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL YEARS 2012,
26 2013, AND 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
27 f. RESOLUTION 35, 2011 SUPPORT OF A PETITION FROM THE FLORIDA
28 DEPARTMENT OF ENVIRONMENTAL PROTECTION. A RESOLUTION OF THE CITY
29 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REQUESTING THAT
30 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT THE
31
32 REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION
33 AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA
34 ARE NECESSARY IN FLORIDA; REPEAL FEDERALLY PROMULGATED CRITERIA
35 FOR FLORIDA; AND DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL
36 NUMERIC NUTRIENT CRITERIA IN FLORIDA; PROVIDING AN EFFECTIVE DATE;
37 AND FOR OTHER PURPOSES.
Councilmember Russo
38 made a motion for approval of the Consent Agenda.
Vice Mayor Premuroso
39 seconded.
40 Motion passed 4-0.
IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
41
Mayor Levy
42 s.
43 Those preparing to give testimony were sworn in.
44 The City Clerk read Ordinance 10, 2011 by title.
45 a.ORDINANCE 10, 2011
46 LAND DEVELOPMENT REGULATIONS FOR THE NORTHLAKE BOULEVARD
47 OVERLAY ZONE (NBOZ). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
48 PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
060211
1 DEVELOPMENT. BY REVISING SECTION 78-228(b)(1) AND SECTION 78-229(a)(2) IN
2 ORDER TO EXTEND THE DEADLINE FOR SIGNAGE AND LANDSCAPING
3 COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE TO MAY 31,
4 2014; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
5 CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT
6 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
7 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
8 FOR OTHER PURPOSES.
Mayor Levy
9 opened the public hearing.
10 Staff Presentation: None.
11 Public Comment: None.
Mayor Levy
12 closed the public hearing.
Vice Mayor Premuroso
13 made a motion for approval of Ordinance 10, 2011 on second reading
14 and adoption.
Councilmember Tinsley
15 seconded.
16 Motion passed 4-0.
17 The City Clerk read Ordinance 11, 2011 by title.
18 b. ORDINANCE 11, 2011 AN
19 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
20
21 CHAPTER 26. ELECTIONS. IN ITS ENTIRETY AND READOPTING SAME, AS REVISED,
22 IN ORDER TO REVISE AND CLARIFY THE PROCESS UTILIZED TO CONDUCT THE
23 S OF QUALIFYING; PROVIDING A
24 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
25 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy
26 opened the public hearing.
City Clerk Patricia Snider
27 Staff Presentation: .
28 Public Comment: None.
Mayor Levy
29 closed the public hearing.
Vice Mayor Premuroso
30 made a motion for approval of Ordinance 11, 2011 on first reading.
Councilmember Tinsley
31 seconded.
32 Motion passed 4-0.
33 The City Clerk read Resolution 31, 2011 by title.
34 c.RESOLUTION 31, 2011 PGA CORPORATE CENTER (PARCEL 5A). A RESOLUTION
35 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
36 AMENDING RESOLUTION 166, 2005 TO MODIFY ONE (1) CONDITION OF APPROVAL
37 FOR THE PGA CORPORATE CENTER PLANNED COMMUNITY DEVELOPMENT (PCD),
38 ALSO KNOWN AS
39 RIGHT-OF-WAY AND MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS
40 AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE NORTH,
41 ALTERNATE A1A TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS MORE
42 PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONDITION OF APPROVAL;
43 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy
44 opened the public hearing. No ex parte communication was declared.
Planner Martin Schneider
45 Staff Presentation: .
46 Public Comment: None.
Mayor Levy
47 closed the public hearing.
Vice Mayor Premuroso
48 made a motion for approval of Resolution 31, 2011.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
060211
Councilmember Tinsley
1 seconded.
2 Motion passed 4-0.
X. RESOLUTIONS
3
4 The City Clerk read Resolution 30, 2011 by title.
5 a.RESOLUTION 30, 2011 INTERLOCAL AGREEMENT WITH JUNO BEACH. A
6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
7 FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
8 WITH THE TOWN OF JUNO BEACH FOR FLEET MAINTENANCE SERVICES;
9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Operations Director Mike Morrow
10 Staff Presentation: .
11 Public Comment: None.
Vice Mayor Premuroso
12 made a motion for approval of Resolution 30, 2011.
Councilmember Russo
13 seconded.
14 Motion passed 4-0.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
15
Vice Mayor Premuroso
16 stated his concern that all new hire employees complete the
City Manager Ferris
17 Commission on Ethics training. explained the future process to ensure the
Councilmember Tinsley
18 training. discussed redistricting and the National Pollutant Discharge
19 Systems (NPDS).
XII. CITY ATTORNEY REPORT
20
21 None.
22
(The remainder of this page intentionally left blank.)
23
24
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
060211
XIII. ADJOURNMENT
1
Councilmember Russo
2 made a motion to adjourn.
Vice Mayor Premuroso
3 seconded.
4 Motion passed 4-0.
5 The meeting adjourned at 8:51 p.m.
6 The next regularly scheduled City Council meeting will be held July 19, 2011.
7
APPROVED
8 :
9
10
11
12 David Levy, Mayor
13
14
15
16 Robert G. Premuroso, Vice Mayor
17
18
19
20 Joseph R. Russo, Councilmember
21
22
23
24 Eric Jablin, Councilmember
25
26
27
28 Marcie Tinsley, Councilmember
29
30
31
32
33
34
35
ATTEST:
36
37
38
39
40
41 Patricia Snider, CMC
42 City Clerk
43
44
45
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
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
060211
ORDINANCE 14, 2011
1
2
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
4
BEACH GARDENS, FLORIDA AMENDING THE CITY CODE OF
5
ORDINANCES AT CHAPTER 1. GENERAL PROVISIONS. BY
6
REPEALING SECTION 1-2. DEFINITIONS AND RULES OF
7
CONSTRUCTION. AND READOPTING SAME WITH FIVE (5) NEW
8
DEFINITIONS WHICH SHALL BE INCLUDED AMONG THE
9
EXISTING DEFINITIONS IN ALPHABETICAL ORDER;PROVIDING
10
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
11
CHAPTER 1. SHALL REMAIN IN FULL FORCE AND EFFECT AS
12
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
13
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
14
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
15
16
17
WHEREAS,
18 the City Council of the City of Palm Beach Gardens desires to
19 provide for additional definitions to be included in its code of ordinances which shall be
20 utilized by all elected and appointed officials; all elected and appointed boards and
21 commissions; and by all employees, outside vendors, and consultants; and/or anyone
22 doing business with the City of Palm Beach Gardens; and
23
WHEREAS,
24 the City Council believes that these revisions to the Code of
25 Ordinances are in the best interests of the City of Palm Beach Gardens as they will
26 provide for additional clear and objective definitions to guide all those dealing with the
27 City of Palm Beach Gardens.
28
29
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30
OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA
31 that:
32
SECTION 1.
33 Chapter 1. General Provisions. of the Code of Ordinances of the
34 City of Palm Beach Gardens is hereby amended by repealing Section 1-2. Definitions
35 and rules of construction. and readopting same with five (5) new definitions to be
36 included alphabetical order; providing that Section 1-2 of Chapter 1. General Provisions.
37 shall hereafter read as follows:
38
Sec. 1-2.Definitions and rules of construction.
39
40
41 In the construction of this Code and of all ordinances, the following definitions
42 and rules of construction shall be observed, unless such construction would be
43 inconsistent with the manifest intent of the city council:. Furthermore, these definitions
44 shall be used in the City of Palm Beach Gardens by all elected and appointed officials;
45 all appointed and elected boards and commissions; employees, outside vendors, and
46 consultants; and/or anyone doing business with the City of Palm Beach Gardens.
Page 1 of 5
Ordinance 14, 2011
1 Abuse. eans the intentional, wrongful, or improper use of rank,
2 position, or authority by elected and appointed municipal officials and employees
3 designed to cause the loss or misuse of municipal funds or resources; to adversely
4 affect the rights of any person; or to achieve personal gain or advantage for
5 himself/herself or for any other persons.
6
7 Charter. The term "Charter" shall mean the Charter of the City of Palm Beach Gardens,
8 Florida as printed in Part I of this volume.
9
10 City. The word "city" shall mean the City of Palm Beach Gardens, Florida, including its
11 several officers, agents, and employees.
12
13 City council. The words "city council" or "council" shall mean the city council of the City
14 of Palm Beach Gardens.
15
16 City boards, committees, commissions, officers, employees, etc. Whenever reference
17 is made to a board, committee, commission, officer, employee, etc., in this Code, it shall
18 be construed to mean that of the City of Palm Beach Gardens, Florida.
19
20 Code. The word "Code" shall mean the Code of Ordinances, City of Palm Beach
21 Gardens, Florida.
22
23 Computation of time. Whenever a notice is required to be given or an act to be done a
24 certain length of time before any proceeding shall be had, the day on which such notice
25 is given, or such act is done, shall not be counted in computing the time, but the day on
26 which such proceeding is to be had shall be counted.
State law reference
27 Computation of time, Fla. Rules of Civil Procedure, Rule
28 1.090(a).
29
30 Corporate limits. Wherever in this Code an act is prohibited, declared unlawful, required
31 to be performed, directly or by implication, the references shall imply within the
32 corporate limits of the city.
33
34 County. The word "county" shall mean the County of Palm Beach, Florida.
State law reference
35 Boundaries of Palm Beach County, F.S. § 7.50.
36
37 Delegation of authority. Whenever a provision or section appears requiring the head of
38 a department or some other city official, officer or employee to do some act or perform
39 some duty, it shall be construed to authorize the head of the department or other officer
40 or employee to designate, delegate and authorize subordinates to perform the required
41 act or perform the duty, unless the terms of the provision or section specify otherwise.
42
43 Fraud. eans to commit an intentional violation of law or a deliberate
44 misrepresentation or concealment so as to secure unfair or unlawful financial or
45 personal gain.
46
Page 2 of 5
Ordinance 14, 2011
1 F.S. Whenever the abbreviation "F.S." is used, it shall refer to the latest edition or
2 supplement of the Florida Statutes.
3
4 Gender. A word importing the masculine gender only shall extend and be applied to
5 females and to firms, partnerships and corporations as well as to males.
6
7 Interpretation. All words, matters, and phrases contained in this Code shall, except as
8 herein otherwise provided, be interpreted in the manner provided by the laws of the
9 state for the interpretation of like words, matters, and phrases occurring therein, and as
10 far as applicable the provisions contained in the state laws for the construction of the
11 provisions thereof shall apply to the provisions of this Code.
12
13 Joint authority. All words giving a joint authority to three or more persons or officers
14 shall be construed as giving such authority to a majority of such persons or officers.
15
16 Misconduct. The term eans improper conduct (acts or omissions)
17 undertaken with the knowledge that the conduct violates a standard (an identifiable
18 directive, instruction, policy, regulation, rule, statute, or other standard) or undertaken
19 with willful disregard that the conduct violates a standard with the intent to harm or with
20 the purpose of personal profit, advantage, or gain.
21
22 Mismanagement. eans a continuous pattern of
23 management in such a manner as to create or perpetuate waste, abuse, or to contribute
24 to acts of fraud. This term does not include management decisions which are merely
25 debatable, nor does it include action or inaction which is inadvertent, unintentional, or
26 insubstantial.
27
28 Number. A word importing the singular number only may extend and be applied to
29 several persons or things as well as to one person or thing and a word importing the
30 plural number may extend and be applied to a single person or thing.
31
32 Oath. An affirmation in all cases in which, by law, an affirmation may be substituted for
33 an oath, and in such cases the words swear and sworn shall be equivalent to the words
34 affirm and affirmed.
35
36 Or / and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
37
38 Owner. When applied to a building or land, the word "owner" shall include any part
39 owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by
40 the entirety of the whole or of a part of the building or land.
41
42 Person. The word "person" shall mean associations, clubs, societies, firms,
43 partnerships, and bodies politic and corporate as well as individuals.
44
45
Page 3 of 5
Ordinance 14, 2011
1 Personal property. The words "personal property" shall mean every species of property
2 except real property.
3
4 State. The word "state" shall mean the State of Florida.
5
6 Street. The word "street" shall be construed to embrace streets, avenues, boulevards,
7 roads, alleys, lanes, viaducts and all other public highways in the city and it shall also be
8 construed to include a sidewalk or footpath, unless the contrary is expressed or unless
9 such construction would be inconsistent with the manifest intent of the city council.
10
11 Tense. Words used in the past or present tense include the future as well as the past
12 and present.
13
14 Waste. means the extravagant, careless, or needless expenditure of
15 municipal funds or consumption of municipal property that results from deficient
16 practices, systems controls, or decisions. This term does not include management
17 decisions which are merely debatable, nor does it include action or inaction which is
18 inadvertent, unintentional, or insubstantial.
19
SECTION 2.
20 Each and every other section and subsection of Chapter 1. General
21 Provisions. shall remain in full force and effect as previously enacted.
22
SECTION 3.
23 All ordinances or parts of ordinances in conflict herewith be and the
24 same are hereby repealed.
25
SECTION 4.
26 Should any section or provision of this Ordinance or any portion
27 thereof, any paragraph, sentence, or word be declared by a court of competent
28 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
29 this Ordinance.
30
SECTION 5.
31 Specific authority is hereby granted to codify this Ordinance.
32
SECTION 6.
33 This Ordinance shall become effective immediately upon adoption.
34
35 (The remainder of this page intentionally left blank)
36
37
38
39
40
41
42
43
44
45
46
Page 4 of 5
Ordinance 14, 2011
1
PASSED
2 this _____ day of _______________, 2011, upon first reading.
3
PASSED AND ADOPTED
4 this _____ day of _______________, 2011, upon
5 second and final reading.
6
7
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
8
9
10
11 BY:_____________________________ _______ ________ ________
12 David Levy, Mayor
13
14 ______________________________ _______ ________ ________
15 Robert G. Premuroso, Vice Mayor
16
17 ______________________________ _______ ________ ________
18 Joseph R. Russo, Councilmember
19
20 ______________________________ _______ ________ ________
21 Eric Jablin, Councilmember
22
23 ______________________________ _______ ________ ________
24 Marcie Tinsley, Councilmember
25
26
ATTEST:
27
28
29
30 BY: ______________________________
31 Patricia Snider, CMC, City Clerk
32
33
APPROVED AS TO FORM AND
34
LEGAL SUFFICIENCY
35
36
37
38 BY: ______________________________
39 R. Max Lohman, City Attorney
40
41 _____
42
43
44
Page 5 of 5
-------~~~--~------------;---~------
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, for the past twenty years, the Toliver-Yarrington families have hosted a reunion in
a different city across the United States, which include King of Prussia, PA. Columbia, SC, and Atlanta
GA; and
WHEREAS, the Chairman of the 2011 reunion committee, Lamuel Thomas chose the City of
Palm Beach Gardens as their 2011 destination for the 120 to 150 guests of all ages; and
WHEREAS, the guests will arrive at the Embassy Suites in the City of Palm Beach Gardens
beginning July 2111
, and the Toliver-Yarrigton families will cherish this time of growth and learning,
offering each the opportunity to gain a new perspective on themselves and others; and
WHEREAS, we take pride in our families and value family life because these times together
reinforce the bond between us, and a family reunion is a wonderful way to strengthen and preserve those
family ties; and
WHEREAS, each family has its own history, personality, sense of accomplishment, and dreams
for the future, and the Toliver-Yarrington family reunion provides an ideal setting for renewing these
shared riches of the spirit. It is a time to learn. to laugh. and to renew the ties of affection; and
Attest:
WHEREAS, the City of Palm Beach Gardens can offer all family members a variety of amenities
from which to choose, including twelve parks, covered playgrounds, walking trails, kayak launches, lap
pools, three water slides, a rock climbing wall, a splash playground and pavilions for picnicking, a Par
72 Roy Case-designed Municipal Golf Course, and a Tennis Center; and
WHEREAS, with the hundreds of shopping, dining, and entertainment opportunities available in
the City of Palm Beach Gardens, the Toliver-Yarrington families may want to break from tradition and
visit our beautiful city for future reunions.
NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City
of Palm Beach Gardens, Florida, do hereby proclaim July 21, 2011 to July 24, 2011 as the:
Toliver-Hanington Family Reunion Days
in the City of Palm Beach Gardens and urge all citizens to encourage families to participate in
family reunions as a means of strengthening their pledge of love and concern for each other.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm Beach
Florida, to be affixed on this 19"' day of July
the Yet1r Two ThJ!¥s~ 0?=( ?!--
Mayor David Levy
Patricia Snider, CMC, City Clerk
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, parks and recreation programs enhance our quality of life by
contributing to a healthy lifestyle, increasing communication skills, building self esteem,
teaching life skills and providing places for enjoyment; and
WHEREAS, parks and recreation programs boost the economy, enhance property
values, attract new business, increase tourism and ~ crime; and
WHEREAS, recreation builds family unity, strengthens neighborhood involvement,
offers opportunity for social interaction, enhances education, develops creativity, and
promotes cultural diversity; and
WHEREAS, each year since 1985, Americans have celebrated national Park and
Recreation Month during the month of July to recognize the importance of parks and
recreation which provides affordable, family-friendly activities; and
WHEREAS, Florida recognizes the benefits derived from quality public and private
recreation and park resources at the local and state levels; and
WHEREAS, the National Recreation and Park Association and the Florida
Recreation and Park Association designated July as Parks and Recreation Month;
NOW, THEREFORE~ I~ David Levy, Mayor of the City of Palm Beach Gardens, do hereby
extend greetings and best wishes to all observing July 2011 as Parks and Recreation Month.
A'ITEST:
IN WITNESS WHEREOF, I luw~ ~ae~unto
_, my luJnd and caa.ed tile Sttal of tile City
of Pabn &acla Gordell8, Florida. to be
alfiswl llaia 1 !I"' Da;, of Jul;,, in 1M ~ar Two
1J&ousand and EkVffn.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) is
sponsoring a unique, nationwide c~ drug and violence prevention
program on August 5, 2011 entitled "National Night Out"; and
WHEREAS, the "28'A Annual National Night Out" provides a unique
opportunity for Palm Beach Gardens to join forces with thousands of other
communities across the country in promoting cooperative, police-community
crime prevention efforts; and
WHEREAS, Palm Beach Gardens Police, Fire-Rescue and Community
Services Department plays a vital role through joint crime, drug and
violence prevention efforts in Palm Beach Gardens; and is supporting
"National Night Out 2011" locally; and
WHEREAS, it is essential that all citizens of Palm Beach Gardens be
aware of the importance of crime prevention programs and impact that
their participation can have on reducing c~ drugs and violence in Palm
Beach Gardens; and
WHEREAS, police-community partnerships, neighborhood safety,
awareness and cooperation are important themes of the "National Night
Out,, program;
NOW, THEREFORE, I, Mayor David Levy, do hereby call upon all
citizens of Palm Beach Gardens to join Palm Beach Gardens Police and
Fire-Rescue and the National Association of Town Watch in supporting the
28th Annual National Night Out" on August 5, 2010 as:
"NATIONAL NIGHT OU'I'"
in the City of Palm Beach Gardens
IN WITNESS WHEREOF, I bave hereunto set my band and caused tbe Seal oftbe City
of Palm Beach Gardens, Florida, to be afl"'n.ed tbis 1,-. Day of July, in tbe year Two
Thousand and Eleven.
t;~
David Levy, Mayor
ATTEST:
Pmnider,CMC, City Clerk