HomeMy WebLinkAboutMinutes Council 1103161 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 November 3, 2016
5
6 The regular meeting was called to order at 7:04 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 Marino, Councilmember Woods.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. RECOGNITION OF DAVID LEVY -12 YEARS OF SERVICE ON THE CITY COUNCIL
16 Public Comment: Joseph Russo , 48 Somerset Terrace, Palm Beach Gardens.
17 b. PRESENTATION ON SOBER HOMES BY R. MAX LOHMAN, CITY ATTORNEY
18 Public Comment: Mark Tracy 9611 Althea Way, Palm Beach Gardens; Dana Byington, 4088
19 Lakespur Circle N., Palm Beach Gardens; Tom Cleare, 4413 Fuschia Circle S., Palm Beach
20 Gardens; John Lineweaver, 4389 Fuschia Circle N., Palm Beach Gardens; Carla Ann Taylor,
21 4384 Fuschia Circle N., Palm Beach Gardens; Judith Brown , 4104 Jonquil Circle N., Palm
22 Beach Gardens; Preston Holmes, 4088 Lakespur Circle N., Palm Beach Gardens. Carla Ann
23 Taylor, 4384 Fuschia Circle N., Palm Beach Gardens.
24 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
25 Councilmember Maria Marino: Attended the Palm Beach North Governmental Affairs
26 Committee Meeting; Palm Beach North Economic Development Committee Meeting. Palm
27 Beach North Business Expo; Palm Beach County League of Cities Monthly Meeting; Chamber
28 of Commerce of the Palm Beaches Breakfast; PGA Corridor Association Breakfast, Treasure
29 Coast Regional Planning Council Economic Development Summit; Florida Department of
30 Transportation I-95 and Central Boulevard Workshop. The Ballenisles Community Association
31 meeting; Read the Bear Ate Your Sandwich to the children at the Riverside Youth Enrichment
32 Center for this year's Read for the Record. The Fall Festival at the Bums Road Recreation
33 Center where she dressed up as a witch. Threw the first pitch at the Palm Beach Gardens 7th
34 Annual Pitch for the Cure Softball Tournament; Thanked Major Jack Schnur and the Palm
35 Beach Gardens Police Department and the Police Explorers Foundation for a successful golf
36 tournament.
37 Councilmember Carl Woods:.Expressed his concerns regarding the shootings of police officers
38 and recognized City police officers and all police officers nationwide for doing a great job.
39 Council Member Robert Premuroso: Recognized Florida Power and Light and Waste
40 Management for their commitment and service to the City during Hurricane Matthew.
41 Vice Mayor Eric Jablin: Thanked FPL and Waste Management for their service during the
42 storm; Thanked staff for dedicating the pavilion at the Green Market in his honor; Wished
43 Deputy City Manager Jack Doughney and resident Joan Elias a speedy recovery. Encouraged
44 residents to attend the Veteran's Plaza Opening Day and Veteran's Day event on November 11th
45 at 11 :00 am. Encouraged residents to vote in the General Election on November 8th.
46 Mayor Marcie Tinsley: Attended the Relocation Grand Opening of Nason Yeager Gerson
47 White & Lioce Law Firm; Greenmarket pavilion dedication to Vice Mayor Eric Jablin; Go Red
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 for Women event at the Gardens Mall; Taught government to the Meyer Academy 2nd and 3rd
2 grade social studies students. ·
3 VI. COMMENTS FROM THE PUBLIC
4 Barry Weiss, 110a Palm Point Circle, Palm Beach Gardens; Jervante Edmonds , 805
5 Southridge Road Apt A103, Palm Beach Gardens. Elissa Cohen, 12192 Aviles Circle, Palm
6 Beach Gardens; Sandra Abraham, 12479 Aviles Circle, Palm Beach Gardens; David Rebholz,
7 11772 Calleta Court, Palm Beach Gardens ; Don Mathis, 146 Thornton Drive, Palm Beach
8 Gardens; Kevin Dalton, 4109 Northlake Blvd, Palm Beach Gardens.
9 VII. CITY MANAGER REPORT
10 Suggested the presentation for the Central and 1-95 Interchange be presented at the beginning of
11 the meeting and City Council discuss the project under items for Council Action/Discussion.
12 Planning and Zoning Director Natalie Crowley, Traffic Engineer Andrea Troutman and City
13 Engineer Todd Engle gave a presentation on the project.
14 VIII. CONSENT AGENDA
15 a. APPROVE MINUTES FROM THE SEPTEMBER 22, 2016 CITY COUNCIL MEETING.
16 b. RESOLUTION 69, 2016-BILL OF SALE FOR WASTEWATER FOR SANDHILL CRANE
17 GOLF COURSE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
18 BEACH GARDENS, FLORIDA DEDICATING THE UNDERGROUND WASTEWATER
19 COLLECTION SYSTEM TO PALM BEACH COUNTY FOR THE INSTALLATION,
20 OPERATION, MAINTENANCE, AND SERVICE OF WASTEWATER AT THE SANDHILL
21 CRANE GOLF CLUB; AUTHORIZING THE MAYOR TO EXECUTE THE BILL OF SALE;
22 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
23 c. RESOLUTION 70, 2016 -BILL OF SALE FOR WATER UTILITIES AT CITY HALL
24 MUNICIPAL COMPLEX. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
25 PALM BEACH GARDENS, FLORIDA DEDICATING THE UNDERGROUND WATER
26 CONVEYANCE SYSTEM FOR THE CITY'S TACTICAL TRAINING CENTER TO
27 SEACOAST UTILITY AUTHORITY FOR THE INSTALLATION, OPERATION,
28 MAINTENANCE, AND PROVISION OF WATER SERVICE; AUTHORIZING THE MAYOR
29 TO EXECUTE THE BILL OF SALE; PROVIDING AN EFFECTIVE DATE; AND FOR
30 OTHER PURPOSES.
31 d. RESOLUTION 81, 2016 --APPROVING THE COLLECTIVE BARGAINING
32 AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
33 GARDENS, FLORIDA APPROVING AND RATIFYING ARTICLE 28, SALARY PLAN OF
34 THE COLLECTIVE BARGAINING AGREEMENT WITH THE SERVICE EMPLOYEES
35 INTERNATIONAL UNION (SEIU)/FLORIDA PUBLIC SERVICES UNION (FPSU) FOR
36 FISCAL YEAR 2016-2017; AUTHORIZING THE MAYOR AND CITY MANAGER TO
37 EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
38 PURPOSES .
39 e. PURCHASE AWARD -RFP2016-031FN, PURCHASE AWARD FOR PROPERTY AND
40 CASUALTY INSURANCE PROGRAM.
41 f. PURCHASE A WARD -EMERGENCY PURCHASE OF MOSQUITO CONTROL
42 CHEMICALS (ZIKA VIRUS)
43 g. PROCLAMATION -NATIONAL COMMUNITY PLANNING MONTH.
44 h. PROCLAMATION -NATIONAL CYBER SECURITY AWARENESS MONTH.
45 i. PROCLAMATION -FIRE PREVENTION WEEK.
46 J. PROCLAMATION -READ FOR THE RECORD.
47 k. PROCLAMATION -NATIONAL BREAST CANCER AWARENESS MONTH.
48 1. PROCLAMATION -NATIONAL RED RIBBON WEEK.
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1 m. PROCLAMATION -CITY GOVERNMENT WEEK.
2 n. PROCLAMATION -RECOGNITION OF DAVID LEVY.
3 o. PROCLAMATION -NATIONAL GIS DAY.
4 Vice Mayor Jablin made a motion for approval of the Consent Agenda.
5 Councilmember Marino seconded.
6 Motion passed 5-0.
7 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
8 Those preparing to give testimony were sworn in.
9 The City Clerk read Ordinance 10, 2016 by title.
10 a. *ORDINANCE 10, 2016 -(1 8T READING) BALSAMO ANNEXATION. AN
11 ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS,
12 FLORIDA EXPANDING THE CITY'S MUNICIPAL BOUNDARIES BY THE VOLUNTARY
13 ANNEXATION OF A PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 96.80
14 ACRES, MORE OR LESS, IN ACCORDANCE WITH SECTION 171.044, FLORIDA
15 STATUTES, SUCH PARCEL BEING GENERALLY LOCATED ON THE NORTH SIDE OF
16 NORTHLAKE BOULEVARD APPROXIMATELY THREE-QUARTERS OF A MILE EAST
17 OF COCONUT BOULEY ARD, AS MORE PARTICULARLY DESCRIBED HEREIN;
18 AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE CORPORATE
19 LIMITS, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION; DECLARING
20 THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE
21 OWNER OF THE REAL PROPERTY ANNEXED HEREBY; PROVIDING A CONFLICTS
22 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
23 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
24 Mayor Tinsley opened the Public Hearing.
25 Mayor Tinsley asked for any ex-parte.
26 Councilmember Marino met with the petitioner, applicant, Harvey Oyer III and City Manager.
27 Councilmember Premuroso met with the petitioner, applicant and Harvey Oyer III on June 23,
28 2016. Vice Mayor Jablin met with applicant. Mayor Tinsley met with petitioner, applicant and
29 Harvey Oyer III.
30 Petitioner: Donaldson Hearing, Cotleur and Hearing.
31 Staff presentation: Staff is recommends approval of Ordinance 10, 2016.
32 Public comment: None.
33 Mayor Tinsley closed the Public Hearing.
34 Vice Mayor Jablin made a motion to approve Ordinance 10, 2016 on first reading.
35 Councilmember Marino seconded.
36 Motion passed 5-0.
3 7 The City Clerk read Ordinance 11, 2016 by title.
38 b. *ORDINANCE 11 , 2016 -(1 8T READING) PROSPERITY OAKS ASSISTED LIVING
39 FACILITY (ALF). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
40 BEACH GARDENS, FLORIDA AMENDING ORDINANCE 1, 1985, WHICH APPROVED
41 THE PROSPERITY OAKS ASSISTED LIVING FACILITY PLANNED UNIT
42 DEVELOPMENT (PUD) MASTER PLAN IN ORDER TO TRANSFER AND AMEND THE
43 MASTER SITE PLAN AND RELATED CONDITIONS OF APPROVAL TO RESOLUTION
44 68, 2016; PROVIDING THAT FUTURE AMENDMENTS TO THE SITE PLAN AND
45 CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY RESOLUTION OF
46 THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
47 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
48 FOR OTHER PURPOSES.
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1 Mayor Tinsley opened the Public Hearing.
2 Mayor Tinsley asked for any ex-parte.
3 None.
4 Petitioner: Anne Booth, Urban Design Kilday Studio.
5 Staff presentation: Staff recommends approval of Ordinance 11, 2016 on first reading.
6 Public comment: None.
7 Mayor Tinsley closed the Public Hearing.
8 Vice Mayor Jablin made a motion to approve Ordinance 11, 2016 on first reading.
9 Councilmember Marino seconded.
10 Motion passed 5-0.
11 RESOLUTION 68, 2016 IS A COMPANION ITEM TO ORDINANCE 11, 2016 AND
12 WILL REQUIRE COUNCIL ACTION ON SECOND READING
13 *RESOLUTION 68, 2016 -PROSPERITY OAKS PUD AMENDMENT. A RESOLUTION OF
14 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA FOR
15 PROSPERITY OAKS PLANNED UNIT DEVELOPMENT (PUD); LOCATED ON THE WEST
16 SIDE OF PROSPERITY FARMS ROAD, SOUTH OF PGA BOULEY ARD, AS MORE
17 PARTICULARLY DESCRIBED HEREIN, APPROVING A PUD AMENDMENT TO ALLOW
18 THE DEVELOPMENT OF A ONE-(1) STORY, 39-BED MEMORY CARE FACILITY AND
19 INCORPORATING APPLICABLE CONDITIONS FROM ORDINANCE 1, 1985 AND
20 ORDINANCE 26, 1989; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
21 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
22 The City Clerk read Ordinance 14, 2016 by title.
23 c. ORDINANCE 14, 2016 -(Pt READING) BUDGET AMENDMENT FOR FY2016. AN
24 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
25 FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE
26 FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016,
27 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
28 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
29 PURPOSES.
30 Mayor Tinsley opened the Public Hearing.
31 Petitioner: None.
32 Staff presentation: Finance Administrator, Allan Owens.
33 Public comment: None.
34 Mayor Tinsley closed the Public Hearing.
35 Vice Mayor Jablin made a motion to approve Ordinance 14, 2016 on first reading.
36 Councilmember Marino seconded.
3 7 Motion passed 5-0.
38 The City Clerk read Resolution 63, 2016 by title.
39 d. *RESOLUTION 63, 2016 -TENANT WALL SIGN . A RESOLUTION OF THE CITY
40 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING AN
41 AMENDMENT TO THE MASTER SIGN PLAN FOR THE LEGACY PLACE PLANNED
42 COMMUNITY DEVELOPMENT (PCD) TO ALLOW A THIRD TENANT WALL SIGN ON
43 THE SOUTH ELEVATION OF BUILDING D; PROVIDING CONDITIONS OF APPROVAL;
44 PROVIDING A WAIVER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
45 PURPOSES .
46 Mayor Tinsley opened the Public Hearing.
47 Mayor Tinsley asked for any ex-parte.
48 None.
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1 Petitioner: Marty Minor, Urban Design Kilday Studios.
2 Staff presentation: Staff recommends approval of Resolution 63, 2016.
3 Public comment: None.
4 Mayor Tinsley closed the Public Hearing.
5 Vice Mayor Jablin made a motion to approve Resolution 63, 2016.
6 Councilmember Marino seconded.
7 Motion passed 5-0.
8 The City Clerk read Resolution 65, 2016 by title.
9 e. *RESOLUTION 65, 2016 -ALTON TOWN CENTER WITH DRIVE THRU
10 RESTAURANT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
11 BEACH GARDENS, FLORIDA GRANTING SITE PLAN AND MAJOR CONDITIONAL
12 USE APPROVAL FOR A 360,203-SQUARE-FOOT COMMERCIAL RETAIL
13 DEVELOPMENT WITH A DRIVE-THROUGH RESTAURANT WITHIN THE TOWN
14 CENTER (PARCEL C) OF THE ALTON PLANNED COMMUNITY DEVELOPMENT
15 (PCD); THE SUBJECT SITE IS APPROXIMATELY 40.8 ACRES WITHIN THE 133 .68-
16 ACRE PARCEL C, WITHIN THE 681-ACRE PLANNED COMMUNITY DEVELOPMENT
17 (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS
18 OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR
19 OTHER PURPOSES.
20 Mayor Tinsley opened the Public Hearing.
21 Mayor Tinsley asked for any ex-parte.
22 Councilmember Marino spoke with petitioner. Councilmember Premuroso met with
23 petitioner, applicant, Jeff Preston, and City staff on October 3, 2016. Mayor Tinsley met with
24 petitioner and applicant.
25 Petitioner: Ken Tuma, Urban Design Kilday Studios.
26 Staff presentation: Principal Planner, Peter Hofbeinz.
27 Public comment: None.
28 Mayor Tinsley closed the Public Hearing.
29 Vice Mayor Jablin made a motion to approve Resolution 65, 2016.
30 Councilmember Marino seconded.
31 Motion passed 5-0.
32 X. RESOLUTIONS
33 The City Clerk read Resolution 64, 2016 by title.
34 a. RESOLUTION 64, 2016 -APPOINT MEMBERS TO THE PLANNING, ZONING, AND
35 APPEALS BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
36 BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND
37 ALTERNATE MEMBERS TO THE PLANNING, ZONING, AND APPEALS BOARD;
38 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
39 Petitioner: None.
40 Staff Presentation: None.
41 Public Comment: None.
42 Councilmember Premuroso made a motion for approval of Resolution 64, 2016.
43 Councilmember Maria seconded.
44 Motion passed 5-0.
45 The City Clerk read Resolution 66, 2016 by title.
46 b. RESOLUTION 66, 2016 -APPOINT MEMB ERS TO THE PARKS AND RECREATION
47 ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
48 BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND
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1 ALTERNATE MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD;
2 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
3 Petitioner: None.
4 Staff Presentation: None.
5 Public Comment: None.
6 Councilmember Marino made a motion to approve Resolution 66, 2016.
7 Vice Mayor Jablin seconded.
8 Motion passed 5-0.
9 The City Clerk read Resolution 67, 2016 by title.
10 c. RESOLUTION 67, 2016 -APPOINT MEMBERS TO THE ART IN PUBLIC PLACES
11 ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
12 BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND
13 ALTERNATE MEMBERS TO THE ART IN PUBLIC PLACES ADVISORY BOARD;
14 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
15 Petitioner: None.
16 Staff Presentation: None.
17 Public Comment: None.
18 Vice Mayor Jablin made a motion to approve Resolution 67, 2016.
19 Councilmember Marino seconded.
20 Motion passed 5-0.
21 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
22 a. STAFF'S PRESENTATION AND COUNCIL'S DISCUSSION ON THE I-95 CENTRAL
23 BOULEVARD INTERCHANGE.
24 City Council members expressed their concerns and inquired about the I-95 and Central
25 Boulevard Interchange. Discussion ensued. Vice Mayor Jablin discussed his concerns regarding
26 the Frenchman's Creek Beach Club Property Tax. Discussion ensued.
27 XII. CITY ATTORNEY REPORT
28 None.
29 (I'he remainder of this page intentionally left blank)
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1 XIII. ADJOURNMENT
2 Councilmember Premuroso made a motion to adjourn.
3 Councilmember Marino seconded.
4 Motion passed 5-0.
5 The meeting adjourned at 10:49 p.m.
6
7 The next regularly scheduled City Council meeting will be held November 16, 2016.
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'41 · P~ricia Snider, CMC
42 City Clerk
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Robert G. Premuroso, Councilmember
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Carl W. Woods , 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
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