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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