HomeMy WebLinkAboutMinutes Council 0602161 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 June 2, 2016
5
6 The regular meeting was called to order at 7:01 p.m. by Mayor Tinsley.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Tinsley, Vice Mayor Jablin, Councilmember Premuroso, Councilmember
10 Levy.
11 ABSENT: Councilmember Marino.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. RECOGNITION OF HEAD GOLF PROFESSIONAL, SHERRI PLA CHOSEN AS THE
16 PGA SOUTHEAST CHAPTER YOUTH GOLF DEVELOPMENT PROFESSIONAL OF THE
17 YEAR.
18 b. 2015 AUDIT REPORT
19 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
20 Councilmember Maria Marino: Absent.
21 Councilmember David Levy: Attended the Northern Palm Beaches Chamber of Commerce
22 Government Affairs Committee meeting; Attended the Palm Beach County League of Cities
23 Annual Gala; Acknowledge former Palm Beach Gardens Mayor Don Kiselewski in the
24 audience; Wished fathers a Happy Father's Day.
25 Council Member Robert Premuroso: Congratulated the all 2016 high school graduates;
26 Attended the Business Development Board Annual Golf Tournament and thanked them for
27 having the event at PGA National; Attended the Palm Beach Score Annual Business Recognition
28 Event.
29 Vice Mayor Eric Jablin: Attended Compassionate Friend's Memorial Garden Groundbreaking
30 ceremony. Thanked Mark Fuller, Don Hearing, Dawn Sonneborn and the Art in Public Places
31 Advisory Board for their hard work on the memorial and City Council for their attendance at the
32 event.
33 Mayor Marcie Tinsley: Attended the 90th Birthday Party for a pickleball player; Attended the
34 Amanda Buckley Scholarship Award event; Met with the Shady Lakes committee regarding the
35 road extension; Met with regional Vice President for Downtown at the Gardens; Attended the
36 Quaye at the Gardens Luxury Apartments Grand Opening; Met with the United Technologies
37 Group; Attended the United Technologies Groundbreaking; Attended the Marine Max Grand
38 Opening; Attended the Treasure Coast Regional Planning Council Meeting; Attended the North
39 Palm Beach County Chamber of Commerce Education Award Breakfast; Attended the North
40 County Intergovernmental Meeting; Met with School Board representatives, Timber Trace
41 principal and parents, and school board police regarding 11 ~ Court. Announced in respect to
42 the Corey Jones family and upcoming trial no comments will be made regarding the grand jury
43 indictment of Nouman Raja.
44 VI. COMMENTS FROM THE PUBLIC
45 Steve Mathison, 5606 PGA Blvd, Palm Beach Gardens; Tom Cairnes, 3101 PGA Blvd, Palm
46 Beach Gardens; Kathy Beamer, 2258 Quail Ridge N., Palm Beach Gardens; Ron Kaplan, 103
47 Via Condado Way, Palm Beach Gardens; Craig Goldenfarb, 217 Sedona Way, Palm Beach
48 Gardens; Matt Baker, 220 Isle Verde Way, Palm Beach Gardens; Abby Baker, 220 Isle Verde
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-14-16
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1 Way, Palm Beach Gardens; Galen Walker, 4269 Crestdale Street, Palm Beach Gardens; Marni
2 Kisner, 1128 4-,tti Road, Royal Palm Beach.
3 VII. CITY MANAGER REPORT
4 None.
5 VIII. CONSENT AGENDA
6 a. APPROVE MINUTES FROM APRIL 20, 2016 CITY COUNCIL SPECIAL MEETING.
7 b. APPROVE MINUTES FROM MAY 5, 2016 CITY COUNCIL MEETING.
8 c. RESOLUTION 35, 2016 -SCHOOL BOARD INTERLOCAL AGREEMENT. A
9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
10 FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
11 INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF PALM BEACH COUNTY,
12 PALM BEACH COUNTY, AND MUNICIPALITIES OF PALM BEACH COUNTY FOR
13 COORDINATED SCHOOL PLANNING; PROVIDING AN EFFECTIVE DATE; AND FOR
14 OTHERPURPOSES.
15 d. RESOLUTION 38, 2016 -PROJECT FALCON ECONOMIC DEVELOPMENT PROJECT.
16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
17 FLORIDA GRANTING CONCEPTUAL APPROVAL FOR "PROJECT FALCON"
18 ECONOMIC DEVELOPMENT INCENTIVES PURSUANT TO SECTION 288.106,
19 FLORIDA STATUTES; PROVIDING CONDITIONS OF APPROVAL FOR THE
20 DISBURSEMENT OF GRANT FUNDS; PROVIDING AN EFFECTIVE DATE; AND FOR
21 OTHER PURPOSES.
22 e. RESOLUTION 40, 2016 -NORTHLAKE BOULEVARD TASK FORCE INTERLOCAL
23 AGREEMENT 5-YEAR EXTENSION. NORTHLAKE BOULEVARD TASK FORCE
24 INTERLOCAL AGREEMENT 5-YEAR EXTENSION. A RESOLUTION OF THE CITY
25 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FIFTH
26 AMENDMENT TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT
27 BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE PARK,
28 PALM BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; PROVIDING
29 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
30 f. PROCLAMATION -AMATEUR RADIO WEEK
31 g. PROCLAMATION -CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK
32 Vice Mayor Jablin made a motion for approval of the Consent Agenda.
33 Councilmember Levy seconded.
34 Motion passed 4-0.
35 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
36 Those preparing to give testimony were sworn in.
37 The City Clerk read Ordinance 5, 2016 by title.
38 a. ORDINANCE 5, 2016-(1st READING) POLICE PENSION AMENDMENT. AN
39 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
40 FLORIDA AMENDING CHAPTER 50. POLICE. OF THE CODE OF ORDINANCES OF
41 THE CITY OF PALM BEACH GARDENS, FLORIDA AT ARTICLE Ill. POLICE OFFIC ERS'
42 RETIREMENT TRUST FUND. IN COMPLIANCE WITH THE INTERNAL REVENUE
43 SERVICE FAVORABLE DETERMINATION LETTER AND TO ADD PROVISIONS TO
44 ALLOW IN-SERVICE DISTRIBUTIONS; BY AMENDING SECTION 50-61. DEFINITIONS.
45 TO AMEND THE DEFINITION OF "RETIREMENT" AND TO ADD A DEFINITION OF
46 "RETIREE"; BY REPEALING AND AMENDING SECTION 50-116. NORMAL
47 RETIREMENT. AND RE-ADOPTING SAME TO PROVIDE FOR NORMAL RETIREMENT
48 AGE FOR NORMAL RETIREMENTS BASED ON SERVICE ONLY; BY REPEALING
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-14-16
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1 SECTION 50-120. SEPARATION FROM SERVICE. AND RE-ADOPTING SAME, AS
2 REVISED, IN ORDER TO PROVIDE FOR 100% VESTING AT NORMAL RETIREMENT
3 AGE; BY ADDING A NEW SECTION 50-137. RE-EMPLOYMENT AFTER RETIREMENT.
4 ALLOWING FOR REEMPLOYMENT AFTER RETIREMENT AND IN-SERVICE
5 DISTRIBUTIONS UNDER CERTAIN CIRCUMSTANCES; BY REPEALING SECTION 50-
6 152. AMOUNTS PAYABLE UPON ELECTION TO PARTICIPATE IN DROP. AND RE-
7 ADOPTING SAME, AS REVISED, IN ORDER TO CLARIFY THE FORMULA USED TO
8 CALCULATE THE PLAN EARNINGS; PROVIDING A CONFLICTS CLAUSE, A
9 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
10 DA TE; AND FOR OTHER PURPOSES.
11 Mayor Tinsley opened the Public Hearing.
12 Petitioner: None.
13 Staff presentation: Finance Administrator Allan Owens.
14 Public comment: None.
15 Mayor Tinsley closed the Public Hearing.
16 Vice Mayor Jablin made a motion to approve Ordinance 5, 2016 on first reading.
17 Councilmember Levy seconded.
18 Motion passed 4-0.
19 The City Clerk read Resolution 32, 2016 by title.
20 b. *RESOLUTION 32, 2016 -GARDENS STATION PLANNED UNIT DEVELOPMENT. A
21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
22 FLORIDA APPROVING A MISCELLANEOUS PETITION FROM PGA DEVELOPMENT
23 ASSOCIATES, LC TO AMEND THE GARDENS STATION PLANNED UNIT
24 DEVELOPMENT (PUD) SITE PLAN TO ADD 20 COVERED PARKING STRUCTURES
25 OVER EXISTING PARKING SPACES. GARDENS STATION PUD IS COMPRISED OF
26 APPROXIMATELY 7.6 ACRES AND IS GENERALLY LOCATED BETWEEN RCA DRIVE
27 AND ALTERNATE AlA, NORTH OF RCA BOULEVARD; PROVIDING A WAIVER;
28 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE ; AND
29 FOR OTHER PURPOSES .
30 Mayor Tinsley opened the Public Hearing.
31 Mayor Tinsley asked for an ex-parte.
32 None.
33 Petitioner: Jennifer Morton, JMorton Planning & Landscape Architecture.
34 Staff presentation: Planner, Gaby Serrano.
35 Public comment: None.
36 Mayor Tinsley closed the Public Hearing.
37 Vice Mayor Jablin made a motion to approve Resolution 32, 2016.
38 Councilmember Levy seconded.
39 Motion passed 4-0.
40 The City Clerk read Resolution 34, 2016 by title.
41 c. *RESOLUTION 34, 2016 -CENTRAL GARDENS PLANNED COMMUNITY
42 DEVELOPMENT (PCD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
43 PALM BEACH GARDENS , FLORIDA APPROVING A SITE PLAN FOR A 124-UNIT
44 APARTMENT COMMUNITY AT CENTRAL GARDENS PLANNED COMMUNITY
45 DEVELOPMENT (PCD), WHICH IS LOCATED ON THE WEST SID E OF CENTRAL
46 BOULEY ARD , Y.. MILE SOUTH OF HOOD ROAD, AS MORE PARTICULARLY
47 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
48 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-14-16
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Mayor Tinsley opened the Public Hearing.
Mayor Tinsley asked for an ex-parte.
None.
Petitioner: Ken Tuma, Urban Design Kilday Studios.
Staff presentation: Senior Planner Joann Skaria.
Public comment: None.
Mayor Tinsley closed the Public Hearing.
Vice Mayor Jablin made a motion to approve Resolution 34, 2016.
Councilmember Levy seconded.
Motion passed 4-0.
The City Clerk read Resolution 36, 2016 by title.
d. *RESOLUTION 36, 2016 -CATHEDRAL OF ST. IGNATIUS LOYOLA. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA GRANTING APPROVAL OF A SITE PLAN AMENDMENT TO DEMOLISH
THE EXISTING PARISH HALL AND PARISH OFFICE BUILDINGS, AND TO
CONSTRUCT A NEW 21,694-SQUARE-FOOT TWO-(2) STORY PARISH CENTER
BUILDING AND EXP AND THE EXISTING PASTORAL CENTER BY 396 SQUARE FEET
AT THE CATHEDRAL OF SAINT IGNATIUS LOYOLA, WHICH IS LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION AT MILITARY TRAIL AND HOLLY
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS
OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Tinsley opened the Public Hearing.
Mayor Tinsley asked for an ex-parte.
Mayor Tinsley spoke with Don Kiselewski regarding the project and Dan Lewis regarding
meeting attendance. Vice Mayor Jablin spoke with Jack Hanson regarding the project.
Councilmember Levy spoke with the applicant, Jack Hanson, and Don Kiselewski.
Petitioner: Elizabeth Colome, Colome & Associates, Inc.
Staff presentation: Planner, Erin Kelley.
Public comment: Don Kiselewski, 4705 Holly Drive, Palm Beach Gardens.
Mayor Tinsley closed the Public Hearing.
Vice Mayor Jablin made a motion to approve Resolution 36, 2016.
Councilmember Levy seconded.
Motion passed 4-0.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
a. INFRASTRUCTURE SURTAX DISCUSSION
Councilmember Levy asked for City Council 's support of the Palm Beach County 1 % sales tax
proposal for infrastructure improvements. Discussion ensued. Councilmember Levy expressed
his concerns regarding possible incorporation of the Town of Westlake, formerly known as
Callery Judge Grove. Discussion ensued.
Vice Mayor Jablin made a motion not to support the 1% discretionary local government
infrastructure tax 2016.
42 Councilmember Premuroso seconded.
43 Motion passed 3-1.
44 · Councilmember Levy opposed.
45 Councilmember Levy made a motion not to support the incorporation of the Town of Westlake.
46 Vice Mayor Jablin seconded.
4 7 Motion passed 4-0.
48 XII. CITY ATTORNEY REPORT
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-14-16
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1 City Attorney Max Lohman provided a status on the election lawsuit. Requested the City
2 Council authorize him to join in the appeal with Councilmember Levy and the Supervisor of
3 Elections opposing the decision of the lower court.
4 Councilmember Levy recused himself and filled out form SB.
5 Vice Mayor Jablin made a motion authorizing the City Attorney to join the appeal.
6 Councilmember Premuroso seconded.
7 Motion passed 3-0.
8 Councilmember Levy returned to the dias.
9 Mayor Tinsley expressed the need for a Charter Review Committee to review the current
10 charter and recommend changes. Discussion ensued.
11 (The remainder of this page intentionally left blank)
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-14-16
PAGE 5
1 XIII. ADJOURNMENT
2 Councilmember Levy made a motion to adjourn.
3 Vice Mayor Jablin seconded.
4 Motion passed 4-0.
5 The meeting adjourned at 9:41 p.m.
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7 The next regularly scheduled City Council meeting will be held July 7, 2016.
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9 APPROVED:
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!.. -:~~ ATTIEST: . ;::.2 ::37
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·40
41 Patricia Snider, CMC
City Clerk
Robert G. Premuroso, Councilmember
· David Levy, Councilmember
.4JJ~AI.A~
Maria G. Marino, Councilmember
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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 on the City Website or 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
06-14-16
PAGE 6
DATE:
TO:
PALM BEACH GARDENS
·~ unique place to live, learn, work & play"
City of Palm Beach Gardens
Office of the City Clerk
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4122 psnider@pbefl.com
Letter of Transmittal
June 3, 2016
Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 3341 1
I Re: From 8B -City Council
~our Records
C As Requested
a For Review and Signature
Signed ~
PatriciaSnider,CM, City Clerk
D For Recording
D Returned for Corrections
D Other: -------
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NNIE.q' BOARD, CXLK:1.., <X>MMISSIO.J, AUTI-IORITY, OR COMMITIEE
l-t,v\ (/ 1tJ. J (f+-fn
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·cr-t
1HE BQ6.RO, c:nJtCll, COMMISSIOO, AUTHORITY OR OOMMITTEE ON
w-ocH I SERVE IS A UNIT OF:
CITY a OTl-ER LOCAL M:ENOf
P" I fJ~qtt,(rq_rd~i, e eo { t,
MY POSfTIOII IS:
B...ECTlVE a APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida 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 courtly, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the office(s 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 or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional st.ock exchange).
• * * .. • • • • • * • • • • *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must cisclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the nwnutes.
* * * * * * • * • • • • * • • •
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE Atf'f ATIEMPT 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 ronn in the minutes. (Continued on other side)
CE FOR M 8B -EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is fifed.
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
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,__.., __ . ~_v_,A_, -· _J_. _L_-c_v_i~t ___ _,,. hereby disclose that on _ __.,;J ....... c, ... n-~'""---2-__ . -----· 20 / ka :
(a) A measure came or will come before my agency which (check one)
K inured to my special private gain or loss;
inured to the special gain or loss of my business aasS1EB1GD1-C1cialaB11B.,. ________ ~------------_;
inured to the special gain or loss of my relative,-------------------------
inur~d to the special gain or loss°'·-----------------------------' by
whom I am retained; or
inured to the special gain or loss of __________________________ _, which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and 11\e nature of my conflicting interest in the measure is as follows: (
IV\ ,ct$~ r-t ,to Je,[v, Q n, d p~ 1 l:or flt\ y .Q /peltc'1
Oat~ttied 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 PENAL TY NOT TO EXCEED $10,000.
CE FORM 88 -EFF. 1/2000 PAGE2