HomeMy WebLinkAboutMinutes Council 0707161 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 July 7, 2016
5
6 The regular meeting was called to order at 7:02 p.m. by Mayor Tinsley.
7 I. PLEDGE OF ALLEGIANCE
8 Mayor Tinsley asked for a moment of silence for the Orlando shooting victims; Read
9 Councilmember David Levy's resignation. City Attorney Max Lohman provided an update on
10 the election lawsuit.
11 II. ROLL CALL
12 PRESENT: Mayor Tinsley, Vice Mayor Jablin, Councilmember Premuroso, Councilmember
13 Marino.
14 ABSENT: None.
15 III. ADDITIONS, DELETIONS, MODIFICATIONS
16 Mayor Tinsley added under Item X Resolutions b. Resolution 52, 2016.
17 Vice Mayor Jablin made a motion to add Resolution 52, 2016.
18 Councilmember Marino seconded.
19 Motion passed 4-0.
20 IV. ANNOUNCEMENTS AND PRESENTATIONS
21 a. RECOGNITION OF GARDENS CUP SPONSORS.
22 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
23 Councilmember Maria Marino: Attended the Palm Beach North Chamber of Commerce 2016
24 Leadership Awards Dinner, Palm Beach Gardens resident Wendy Sartory is Community Leader
25 of the Year and Kolter Group was Business of the Year; Attended the PGA Corridor Association
26 Breakfast where Dr. Marin D. Weiss presented the Mid-Year Economic Forecast; Attended the
27 Canstruction Event at the Gardens Mall to benefit the Palm Beach County Food Bank; Attended
28 the Palm Beach North Government Affairs Meeting; Attended the Business Development Board
29 Business Appreciation Day which included a north county bus tour; Attended the Discovery
30 Village Senior Living Ribbon Cutting; Attended the Bioscience Land Protection Advisory Board
31 meeting.
32 Council Member Robert Premuroso: Announced the Babe Ruth Rookie State Tournament
3 3 was in Palm Beach Gardens for the 18th year; Announced the Opening Ceremonies for the Cal
34 Ripken Tournament will be August 4, 2016 at 4:00 p .m .
35 Vice Mayor Eric Jablin: Nothing to report.
36 Mayor Marcie Tinsley: Gave the Welcome Address at the Florida Association of City Clerks
37 State Conference at PGA National; Attended the School Board meeting where the easement for
38 11 Jlh Court was granted; Met with a teacher from Duncan Middle School regarding the school
39 supplies for local schools; Gave the State of the City address to the North County Neighborhood
40 Coalition.
41 VI. COMMENTS FROM THE PUBLIC
42 Tom Cairnes, 3101 PGA Blvd, Palm Beach Gardens; J. Ross Wilcox, 9008 Gardens Glen
43 Circle, Palm Beach Gardens; William Papageorge, 9018 Gardens Glen Circle, Palm Beach
44 Gardens; Marilyn Parmet, 116 Abondance Drive, Palm Beach Gardens.
45 VII. CITY MANAGER REPORT
46 Announced the Purchasing Department received the 2016 Universal Public Procurement
4 7 Certification Council's Excellence in Achievement Award for the third consecutive year;
48 Announced the Police Explorers won first place in the 2016 Law Enforcement Challenge and
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1 Police Officer Jason Sharon was named Advisor of the Year; Thanked the Palm Beach Gardens
2 Police Foundation for the purchase of 40 infrared thermometers for patrol officers; Asked
3 Interim Fire Chief Keith Bryer to come up and announce the City received an Assistance to
4 Firefighters Grant in the amount of $43 ,043 to purchase 120 personal safety/rescue bailout
5 systems.
6 VIII. CONSENT AGENDA
7 a. APPROVE MINUTES FROM JUNE 2 , 2016 CITY COUNCIL MEETING.
8 b . RESOLUTION 44, 2016 -BALLENISLES COMMUNITY ASSOCIATION
9 TEMPORARY OFFICE TRAILER EXTENSION. A RESOLUTION OF THE CITY
10 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A
11 MISCELLANEOUS PETITION FOR THE BALLENISLES PLANNED COMMUNITY
12 DEVELOPMENT (PCD), WHICH IS SITUATED SOUTH OF PGA BOULEVARD AND
13 NORTH OF NORTHLAKE BOULEVARD, BETWEEN THE FLORIDA TURNPIKE AND
14 NORTH MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN,
15 EXTENDING THE CONDITIONAL APPROVAL OF A TEMPORARY MODULAR
16 STRUCTURE BETWEEN THE EXISTING ADMINISTRATIVE BUILDING AND TENNIS
17 COURTS FOR AN ADDITIONAL TWO (2) YEARS; PROVIDING CONDITIONS OF
18 APPROVAL; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
19 c . RESOLUTION 51 , 2016 -LEASE FOR LAND AT SUA'S RICHARD ROAD SITE. A
20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
21 FLORIDA APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF PALM
22 BEACH GARDENS AND SEACOAST UTILITY AUTHORITY FOR A PARCEL OF LAND,
23 COMMONLY KNOWN AS THE "RICHARD ROAD SITE"; AUTHORIZING THE CITY
24 MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH
25 LEASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
26 PURPOSES.
27 d. PURCHASE AWARD -RFP2014-018HR -RENEWAL OF AGREEMENT FOR
28 ANCILLARY HEALTH BENEFITS PLAN -LONG TERM DISABILITY AND LIFE
29 INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT.
30 e. PURCHASE AW ARD -BUNKER GEAR FOR FIRE RESCUE DEPARTMENT.
31 f . PURCHASE AWARD -REPAIRS TO ALLAMANDA WATER CONTROL
32 STRUCTURE.
33 g. PROCLAMATION-PARKS AND RECREATION MONTH.
34 h. PROCLAMATION -A DAY TO REMEMBER AND HONOR THE VICTIMS.
35 Vice Mayor Jablin made a motion for approval of the Consent Agenda.
36 Councilmember Marino seconded.
37 Motion passed 4-0.
38 IX. PUBLIC HEARINGS: {*Designates Quasi-Judicial Hearing)
39 Those preparing to give testimony were sworn in.
40 The City Clerk read Resolution Ordinance 5, 2016 by title.
41 a. ORDINANCE 5, 2016 -(2ND READING AND ADOPTION) POLICE PENSION
42 AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
43 BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. OF THE CODE OF
44 ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA AT ARTICLE Ill.
45 POLICE OFFICERS' RETIREMENT TRUST FUND. IN COMPLIANCE WITH THE
46 INTERNAL REVENUE SERVICE FA VORABLE DETERMINATION LETTER AND TO
47 ADD PROVISIONS TO ALLOW IN-SE RVICE DISTRIBUTIONS; BY AMENDING
48 SECTION 50-61. DEFINITIONS. TO AMEND THE DEFINITION OF "RETIREMENT" AND
·c1rv OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 TO ADD A DEFINITION OF "RETIREE"; BY REPEALING AND AMENDING SECTION
2 50-116. NORMAL RETIREMENT. AND RE-ADOPTING SAME TO PROVIDE FOR
3 NORMAL RETIREMENT AGE FOR NORMAL RETIREMENTS BASED ON SERVICE
4 ONLY; BY REPEALING SECTION 50-120. SEPARATION FROM SERVICE. AND RE-
5 ADOPTING SAME, AS REVISED, IN ORDER TO PROVIDE FOR 100% VESTING AT
6 NORMAL RETIREMENT AGE; BY ADDING A NEW SECTION 50-137. RE-
7 EMPLOYMENT AFTER RETIREMENT. ALLOWING FOR REEMPLOYMENT AFTER
8 RETIREMENT AND IN-SERVICE DISTRIBUTIONS UNDER CERTAIN
9 CIRCUMSTANCES; BY REPEALING SECTION 50-152. AMOUNTS PAYABLE UPON
10 ELECTION TO PARTICIPATE IN DROP. AND RE-ADOPTING SAME, AS REVISED, IN
11 ORDER TO CLARIFY THE FORMULA USED TO CALCULATE THE PLAN EARNINGS ;
12 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY
13 TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
14 Mayor Tinsley opened the Public Hearing.
15 Petitioner: None.
16 Staff presentation: No changes since first reading.
17 Public comment: None.
18 Mayor Tinsley closed the Public Hearing.
19 Vice Mayor Jablin made a motion to approve Ordinance 5, 2016 on second reading and
20 adoption.
21 Councilmember Marino seconded.
22 Motion passed 4-0 .
23 The City Clerk read Resolution 39, 2016 by title .
24 b. RESOLUTION 39, 2016 -ADOPTING A NON-AD V ALOREM SPECIAL
25 ASSESSMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
26 BEACH GARDENS, FLORIDA ADOPTING A NON-AD V ALOREM SPECIAL
27 ASSESSMENT ROLL FOR THE DESIGN, CONSTRUCTION, AND INSTALLATION OF
28 WATER UTILITY AND ROAD IMPROVEMENTS ON 40rn TERRACE NORTH, SUNSET
29 DRIVE, AND BRENNA LANE IN ACCORDANCE WITH SECTION 197.3632, FLORIDA
30 STATUTES; STATING THE UNIT OF MEASUREMENT FOR THE ASSESSMENT, THE
31 AMOUNT OF THE ASSESSMENT, AND ESTABLISHING THE LIEN ASSOCIATED
32 THEREWITH; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED TO THE
33 PALM BEACH COUNTY TAX COLLECTOR; PROVIDING FOR COLLECTION AND
34 ENFORCEMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE;
35 AND FOR OTHER PURPOSES.
36 Mayor Tinsley opened the Public Hearing.
37 Petitioner: None.
38 Staff presentation: Finance Administrator, Allan Owens.
39 Public comment: Kenneth Trapasso, 7294 154th Court, Palm Beach Gardens; Kevin Easton,
40 8511 40th Terrace N., Palm Beach Gardens; Carol Courtney, 8511 40th Terrace, Palm Beach
41 Gardens.
42 Mayor Tinsley closed the Public Hearing.
43 Vice Mayor Jablin made a motion to approve a non-ad valorem special assessment for the
44 construction of water and road improvements along Sunset Drive, 40th Terrace North and Brenna
45 Lane, with a maximum annual assessment of $2,014.04 per parcel.
46 Councilmember Premuroso seconded.
4 7 Motion passed 4-0.
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1 Vice Mayor Jablin made a motion for purposes of calculating the assessment, the unit of
2 measure is per parcel plus connection fees, and consists of 61 parcels.
3 Councilmember Premuroso seconded.
4 Motion passed 4-0.
5 Vice Mayor Jablin made a motion to approve Resolution 39, 2016.
6 Councilmember Premuroso seconded.
7 Motion passed 4-0.
8 The City Clerk read Resolution 41, 2016 by title.
9 c. *RESOLUTION 41, 2016 -ART IN PUBLIC PLACES FOR THE HARBORCHASE
10 ASSISTED LIVING FACILITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
11 OF PALM BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR
12 THE HARBORCHASE ASSISTED LIVING FACILITY LOCATED IN THE CENTRAL
13 GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) DISTRICT, AS MORE
14 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
15 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
16 Mayor Tinsley opened the Public Hearing.
17 Mayor Tinsley asked for any ex-parte.
18 None.
19 Petitioner: Lucy Keshavarz, Art and Culture Group, Inc.
20 Staff presentation: Staff recommends approval of Resolution 41, 2016.
21 Public comment: None.
22 Mayor Tinsley closed the Public Hearing.
23 Vice Mayor Jablin made a motion to approve Resolution 41, 2016.
24 Councilmember Marino seconded.
25 Motion passed 4-0.
26 The City Clerk read Resolution 42, 2016 by title.
27 d. *RESOLUTION 42, 2016 -ART IN PUBLIC PLACES FOR NORTHLAKE GARDENS. A
28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
29 FLORIDA APPROVING ART IN PUBLIC PLACES FOR BUILDING EAST AND
30 BUILDING WEST IN NORTHLAKE GARDENS, LOCATED IN PHASE II OF THE
31 BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY
32 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
33 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
34 Mayor Tinsley opened the Public Hearing.
35 Mayor Tinsley asked for any ex-parte.
36 None.
3 7 Petitioner: Donaldson Hearing, Cotleur and Hearing.
38 Staff presentation: Staff recommends approval of Resolution 42, 2016.
39 Public comment: None.
40 Mayor Tinsley closed the Public Hearing.
41 Vice Mayor Jablin made a motion to approve Resolution 42, 2016.
42 Councilmember Marino seconded.
43 Motion passed 4-0.
44 The City Clerk read Resolution 45, 2016 by title.
45 e. *RESOLUTION 45, 2016 -PGA PROFESSIONAL AND DESIGN CENTER PUD
46 MODIFICATION AMENDEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE
47 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
48 PGA STATION PLANNED UNIT DEVELOPMENT (PUD) (FIK/A "PARCEL 5B", F!KIA
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1 "PGA DESIGN AND PROFESSIONAL CENTER") PERMITTING A CONVERSION OF
2 USES AND A REVISED DEVELOPMENT PROGRAM OF 415,401 SQUARE FEET OF
3 PROFESSIONAL OFFICE, 49,279 SQUARE FEET OF MEDICAL OFFICE, 11,777 SQUARE
4 FEET OF RETAIL/SHOPPING CENTER, A 111-ROOM HOTEL, AND 3,000 SQUARE FEET
5 OF RESTAURANT ALONG WITH MODIFICATIONS TO THE MASTER PLAN,
6 LANDSCAPE PLAN, SIGN PROGRAM, AND ARCHITECTURE; THE PGA STATION PUD
7 IS APPROXIMATELY 30.03 ACRES AND IS GENERALLY LOCATED AT THE
8 SOUTHEAST CORNER OF PGA BOULEY ARD AND RCA BOULEY ARD, AS MORE
9 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
10 PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
11 PURPOSES.
12 Mayor Tinsley opened the Public Hearing.
13 Mayor Tinsley asked for any ex-parte.
14 None.
15 Petitioner: Donaldson Hearing, Cotleur and Hearing.
16 Staff presentation: Principal Planner, Peter Hotbeinz.
17 Public comment: None.
18 Mayor Tinsley closed the Public Hearing.
19 Vice Mayor Jablin made a motion to approve Resolution 45, 2016.
20 Councilmember Marino seconded.
21 Motion passed 4-0.
22 The City Clerk read Resolution 48, 2016 by title.
23 f. RESOLUTION 48, 2016 -ZIMMER BIOMET TEMPORARY OFFICE TRAILER. A
24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
25 FLORIDA APPROVING A MISCELLANEOUS PETITION FOR THE SOUTH PARK
26 CENTER PLANNED UNIT DEVELOPMENT (PUD), OTHERWISE KNOWN AS ZIMMER
27 BIOMET, WITHIN THE NORTHCORP PLANNED COMMUNITY DEVELOPMENT (PCD),
28 WHICH IS GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF
29 RIVERSIDE DRIVE AND NORTHCORP PARKWAY, TO ALLOW THE INSTALLATION
30 OF TWO (2) TEMPORARY MODULAR STRUCTURES; PROVIDING CONDITIONS OF
31 APPROVAL; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
32 Mayor Tinsley opened the Public Hearing.
33 Petitioner: Dom DiDonato, Zimmer Biomet.
34 Staff presentation: Staff recommends approval of Resolution 48, 2016.
35 Public comment: None.
36 Mayor Tinsley closed the Public Hearing.
37 Vice Mayor Jablin made a motion to approve Resolution 48, 2016.
38 Councilmember Marino seconded.
39 Motion passed 4-0.
40 X. RESOLUTIONS
41 The City Clerk read Resolution 37, 2016 by title.
42 a. RESOLUTION 37, 2016 -SETIING THE TENTATIVE MILLAGE RATE. A
43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
44 FLORIDA ADOPTING A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF
45 PALM BEACH GARDENS FOR FISCAL YEAR 2016/2017; SETTING THE DATE, TIME,
46 AND PLACE OF THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE;
47 AND FOR OTHER PURPOSES.
48 Petitioner: None.
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1 Staff Presentation: Finance Administrator, Allan Owens.
2 Public Comment: None.
3 Vice Mayor Jablin made a motion for approval of Resolution 37, 2016 setting a maximum
4 operating millage of 5.55 and debt service millage of .1281, and setting the date for first public
5 hearing on September 8, 2016, at 7 PM, in the City Council Chambers.
6 Councilmember Marino seconded.
7 Motion passed 4-0.
8 The City Clerk read Resolution 52, 2016 by title.
9 b. RESOLUTION 52, 2016 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
10 PALM BEACH GARDENS, FLORIDA ESTABLISHING A SPECIAL ELECTION DATE
11 AND A RUN-OFF ELECTION DATE, IF REQUIRED, TO FILL THE VACANCY IN CITY
12 COUNCIL GROUP #4; PROVIDING FOR A QUALIFYING PERIOD FOR CANDIDA TES;
13 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
14 Petitioner: None.
15 Staff Presentation: City Attorney, Max Lohman.
16 Public Comment: None.
17 Vice Mayor Jablin made a motion for approval of Resolution 52, 2016.
18 Councilmember Marino seconded.
19 Motion passed 4-0.
20 The City Clerk read Resolution 52, 2016 by title.
21 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
22 a. CITY MANAGER EVALUATION
23 b. OTHER DISCUSSION:
24 • Mayor Tinsley inquired about working with staff to send a letter to the Florida Turnpike
25 Enterprise requesting a comprehensive traffic study from PGA Blvd to Indiantown Road.
26 • Vice Mayor Jablin requested that the City Manager and City Attorney inquire about the
27 possible purchase of the Ra Co Amo properties on Bums Road. Discussion ensued.
28 XII. CITY ATTORNEY REPORT
29 None.
30 (The remainder of this page intentionally left blank)
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1 XIII. ADJOURNMENT
2 Vice Mayor Jablin made a motion to adjourn.
3 Councilmember Premuroso seconded.
4 Motion passed 4-0.
5 The meeting adjourned at 9:20 p .m.
6 The next regularly scheduled City Council meeting will be held August 4, 2016.
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AO.. Patricia.Snider, CMC
41 c.ieyClerk
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Robert G. Premuroso, Councilmember
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
07-07-16
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