HomeMy WebLinkAboutMinutes Council 0105171 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 January 5, 2017
5
6 The regular meeting was called to order at 7:03 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 Mayor Tinsley modified the agenda to move Presentations Item C. Recognition of Andrea Santa
14 as Fire Inspector of the Year to February 9, 2017.
15 Vice Mayor Jablin made a motion to remove Presentation Item C. from the agenda.
16 Councilmember Premuroso seconded.
17 Motion passed 5-0.
18 IV. ANNOUNCEMENTS AND PRESENTATIONS
19 a. VETERANS CHECK PRESENTATION
20 b. HONDA CLASSIC ECONOMIC IMPACT PRESENTATION
21 c. FOOT PRESENTATION ON THREE ALTERNATIVES FOR THE 1-95/NORTHLAKE
22 BOULEVARD AND 1-95 AND PGA BOULEVARD INTERCHANGE MODIFICATIONS.
23 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
24 Councilmember Maria Marino: Attended the joint meeting of the Palm Beach North
25 Government Affairs Committee and the Economic Development Committee; Leadership Palm
26 Beach County Annual Breakfast; Palm Beach County League of Cities 4 7th Annual Tri Cities
27 barbecue; Palm Beach North Chamber of Commerce Business Before Hours; Palm Beach
28 Gardens Public Works Annual Holiday Breakfast; Palm Beach Gardens Tree Lighting
29 Ceremony; Palm Beach Gardens Police Tactical and Training Center Ribbon Cutting; 11th
30 Annual Christmas Celebration at the Burns Road Community Center; Compassionate Friends
31 Memorial Dedication; Palm Beach Gardens Seniors Holiday Luncheon; Florida Department of
32 Transportation Workshop. Congratulated Police Major Jack Schnur on his retirement from the
33 Palm Beach Gardens Police Department and his new job as head of security at the Gardens Mall.
34 Councilmember Carl Woods: Asked for a moment of silence for the 135 police officers that
35 were killed in the line of duty in 2016.
36 Council Member Robert Premuroso: Thanked staff for their hard work for the events that
37 were held in December; Wished everyone Happy Holiday and Happy New Year.
38 Vice Mayor Eric Jablin: Wished everyone Happy New Year and looking forward to a great
39 year; Welcomed back Deputy City Manager Jack Doughney; Announced on January 13-14
40 Shakespeare in the Gardens will be performed in Veteran's Plaza; Palm Beach Gardens
41 Greenmarket will have a Strawberry Festival to celebrate the Greenmarket 15th anniversary.
42 Mayor Marcie Tinsley: Wished everyone a Happy New Year.
43 VI. COMMENTS FROM THE PUBLIC
44 Joseph Russo, 4907 Midtown Lane #1302, Palm Beach Gardens; Rachelle Litt, 62 Dunbar
45 Road, Palm Beach Gardens; Tom Cairnes, 3101 PGA Blvd, Palm Beach Gardens; Bruce
46 Etheridge, 3703 Northlake Blvd, Lake Park; Larry Smith, 701 US Highway I #402, North
4 7 Palm Beach.
48 VII. CITY MANAGER REPORT
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 a. SOBER HOMES UPDATE
2 Police Chief Stephen Stepp provided an update on the City's response to the growth of sober
3 homes in the City; City Attorney R. Max Lohman provided information on different methods
4 to address the sober home issue in the City. City Manager request City Council move the
5 meeting on February 2, 2017 to February 9, 2017 due to scheduling conflicts.
6 Vice Mayor Jablin made a motion to move the February 2, 2017 City Council meeting to
7 February 9, 2017 at 7:00 p.m.
8 Councilmember Marino seconded.
9 Motion passed 5-0.
10 VIII. CONSENT AGENDA
11 a. APPROVE MINUTES FROM THE DECEMBER 1, 2016 CITY COUNCIL MEETING.
12 b. RESOLUTION 2, 2017 -LEASE OF MODEL YEAR 2017 POLICE MOTOR VEHICLES.
13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
14 FLORIDA APPROVING THE LEASE-PURCHASE OF TWENTY (20) MODEL YEAR 2017
15 POLICE VEHICLES FROM DUVAL FORD FLEET SALES THROUGH THE SHERIFFS
16 ASSOCIATION'S AND THE STATE OF FLORIDA'S CONTRACTS AND FINANCED
17 THROUGH PNC EQUJPMENT FINANCE; AUTHORIZING THE CITY MANAGER TO
18 EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH LEASE-
19 PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER
20 PURPOSES.
21 c. RESOLUTION 3, 2017 -AGREEMENT WITH THE CHILDREN'S HEALTHCARE
22 CHARITY FOR THE 2017 HONDA CLASSIC PGA GOLF TOURNAMENT. A
23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
24 FLORIDA AWARDING A PUBLIC SAFETY GRANT FOR OFF-DUTY POLICE AND FIRE
25 PERSONNEL TO THE CHILDREN'S HEALTHCARE CHARITY, INC. FOR THE 2017
26 HONDA CLASSIC PGA GOLF TOURNAMENT AND TO APPROVE A LEASE USE
27 AGREEMENT FOR THE USE OF MIRASOL AND PGA NATIONAL PARKS FOR
28 VARIOUS PARKING FACILITIES AND GENERAL OPERATIONS; PROVIDING AN
29 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
30 d. RESOLUTION 5, 2017 -APPOINTING THE PALM BEACH COUNTY SUPERVISOR
31 OF ELECTIONS AS AN ADDITIONAL MEMBER OF THE CANVASSING BOARD. A
32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
33 FLORIDA APPOINTING THE SUPE RVISOR OF ELECTIONS, OR DESIGNEE, AS AN
34 ADDITIONAL MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING
35 BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DE SIGNEE, TO
36 CANVASS ALL ABSENTEE BALLOTS; TO CANVASS THE MUNICJPAL ELECTION,
37 ALONG WITH THE CITY'S CANVASSING BOARD; AND TO CONDUCT THE LOGIC
38 AND ACCURACY TESTING FOR ALL ELECTION MACHINERY; AUTHORIZING THE
39 CITY CLERK TO DO ALL THINGS NECESSARY TO CONDUCT THE MUNICJPAL
40 E LECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
41 e . RESOLUTION 6, 2017 -AGREE MENT WITH THE PALM BEACH COUNTY
42 SUPERVISOR OF ELECTIONS FOR ELECTION SERVICES. A RESOLUTION OF THE
43 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING
44 THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE PALM
45 BEACH COUNTY SUPERVISOR OF ELECTIONS FOR VOTE PROCESSING EQUJPMENT
46 USE AND ELE CTION SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR
47 OTHERPURPOSES.
CllY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 f. RESOLUTION 8, 2017 -CONVEYANCE OF PROPERTY FOR ROAD RIGHT OF WAY
2 PURPOSES AND EASEMENT FOR SIDEWALK, LANDSCAPE AND BUFFER. A
3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
4 FLORIDA APPROVING THE CONVEYANCE OF PROPERTY TO THE FLORIDA
5 DEPARTMENT OF TRANSPORTATION (FDOT) FOR ROAD RIGHT-OF-WAY
6 PURPOSES BY EXECUTING A CITY DEED; CONVEYANCE OF AN EASEMENT FOR
7 SIDEWALK, LANDSCAPE, AND BUFFER PURPOSES ALONG ALTERNATE AIA,
8 NORTH OF PGA BOULEVARD BY EXECUTING A QUITCLAIM DEED AND
9 RESERVATION OF EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
10 PURPOSES.
11 g. RESOLUTION 11, 2017 -AL TON CLARITY POINTE PLAT. A RESOLUTION OF THE
12 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
13 THE CLARITY POINTE PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
14 PURPOSES.
15 h. PURCHASE AW ARD -PURCHASE OF MODEL YEAR 2017 MOTOR VEHICLES
16 i. SETTLEMENT AGREEMENT -APPROVAL OF SETTLEMENT AGREEMENT AND
17 MUTUAL RELEASE IN PALM BEACH GARDENS PLAZA LLC VS. CITY OF PALM
18 BEACHGARDENS.
19 j. PROCLAMATION-ARBORDAY.
20 Vice Mayor Jablin made a motion for approval of the Consent Agenda.
21 Councilmember Marino seconded.
22 Motion passed 5-0.
23 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
24 Those preparing to give testimony were sworn in.
25 The City Clerk read Ordinance 17, 2016 by title.
26 a. ORDINANCE 17, 2016 -(2nd READING AND ADOPTION) -AVENIR PLANNED
27 COMMUNITY DEVELOPMENT (PCD) COMMUNITY DEVELOPMENT DISTRICT
28 (CDD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
29 GARDENS, FLORIDA REGARDING APPLICATION TO ESTABLISH THE AVENIR
30 PLANNED COMMUNITY DEVELOPMENT (PCD) COMMUNITY DEVELOPMENT
31 DISTRICT (CDD), CONSISTING OF APPROXIMATELY 2427.5 ACRES OF LAND
32 LOCATED APPROXIMATELY ONE (1) MILE EAST OF PRATT-WHITNEY ROAD ON
33 THE NORTH SIDE OF NORTHLAKE BOULEVARD; MAKING FINDINGS OF FACT
34 REGARDING THE PETITION; ESTABLISHING AND NAMING THE A VENIR
35 COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE BOUNDARIES OF THE
36 DISTRICT; NAMING THE FIVE (5) PERSONS DESIGNATED TO BE THE INITIAL
37 MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING CONSENT FOR THE
38 EXERCISE OF CERTAIN POWERS; PROVIDING A CONFLICTS CLAUSE, A
39 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
40 DATE; AND FOR OTHER PURPOSES.
41 Mayor Tinsley opened the Public Hearing.
42 Petitioner: No changes since first reading.
43 Staff presentation: Staff recommends approval of Ordinance 17, 2016.
44 Public comment: Christine Schwartz, 15392 Hamlin Avenue, Loxahatchee.
45 Mayor Tinsley closed the Public Hearing.
46 Vice Mayor Jablin made a motion to approve Ordinance 17, 2016 on second reading and
4 7 adoption.
48 Councilmember Marino seconded.
CllY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 Motion passed 5-0.
2 The City Clerk read Ordinance 1, 201 7 by title.
3 b. ORDINANCE 1, 2017 -(1 8T READING) TREVI ISLES LAND USE AMENDMENT. AN
4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
5 FLORIDA ADOPTING A LARGE-SCALE AMENDMENT TO ITS COMPREHENSIVE
6 PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163,
7 FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA
8 STATUTES, PURSUANT TO APPLICATION NO. CPMA-14-07-000018 WHICH
9 PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP IN ORDER TO
10 CHANGE THE LAND-USE DESIGNATION ON 12.50 ± ACRES IN SIZE, MORE OR LESS,
11 FROM RESIDENTIAL LOW (RL) TO RESIDENTIAL MEDIUM (RM); PROVIDING A
12 NOTATION ON THE FUTURE LAND USE MAP PERTAINING TO THE PERMITTED
13 LAND-USE DENSITY, TO BE 50 UNITS, RELATED TO THE SUBJECT PROPERTY
14 WHICH IS LOCATED ON THE NORTH SIDE OF HOOD ROAD , IMMEDIATELY WEST
15 OF FLORIDA'S TURNPIKE; PROVIDING FOR COMPLIANCE WITH ALL
16 REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR
17 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
18 (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
19 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
20 PURPOSES.
21 Mayor Tinsley recused herself and filled out form 8B.
22 Vice Mayor Jablin opened the Public Hearing.
23 Petitioner: Anne Booth, Urban Design Kilday Studios.
24 Staff presentation: Senior Planner Joanne Skaria.
25 Public comment: Claire O'Brien , 627 Brandon Street Palm Beach Gardens; Alan Fishman ,
26 13287 Saffron Circle, Palm Beach Gardens; Richard Dunn, 13090 Touchstone Place, Palm
27 Beach Gardens; Bob Johnson , 6172 Celadon Circle, Palm Beach Gardens; Ira Berger,13 872
28 Greensview Drive, Palm Beach Gardens; Susan Sperber, 6215 Finsbury Court, Palm Beach
29 Gardens Chip Carlson, 2377 Crawford Court, Lantana; Mike Slutsky, 13827 Whispering Lakes
30 Lane, Palm Beach Gardens.
31 Vice Mayor Jablin closed the Public Hearing.
32 Councilmember Premuroso made a motion to approve Ordinance I, 2017 on first reading.
33 Councilmember Marino seconded.
34 Motion passed 4-0.
35 The City Clerk read Ordinance 2, 2017 by title.
36 c. *ORDINANCE 2, 2017 -(1 ST READING) TREVI ISLES REZONING. AN ORDINANCE
37 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
38 REZONING CERTAIN REAL PROPERTY, SUCH PROPERTY BEING COMPRISED OF
39 12.50± ACRES IN SIZE, MORE OR LESS, AND LOCATED ON THE NORTH SIDE OF
40 HOOD ROAD, IMMEDIATELY WEST OF FLORIDA'S TURNPIKE; PROVIDING THAT
41 THE PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIB ED
42 HEREIN, SHALL BE REZONED FROM RESIDENTIAL LOW DENSITY-2 DISTRICT (RL-
43 2) TO PLANNED UNIT DEVELOPMENT WITH A RESIDENTIAL MEDIUM (RM)
44 UNDERLYING ZONING; PROVIDING THAT THE ZONING MAP OF THE CITY OF
45 PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS
46 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
4 7 EFFECTIVE DA TE; AND FOR OTHER PURPOSE S.
48 Mayor Tinsley recused herself and filled out form 8B.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
01-05-17
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1 Vice Mayor Jablin opened the Public Hearing.
2 Mayor Jablin asked for ex-parte.
3 Councilmember Woods met with the petitioner and Steve Gravett from Kennedy Homes;
4 Councilmember Marino met with the petitioner; Councilmember Premuroso met with the
5 petitioner and Steve Gravett and Lindsey Holmes from Kennedy Homes; Vice Mayor Jablin
6 met with petitioner.
7 Petitioner: Anne Booth, Urban Design Kilday Studios.
8 Staff presentation: Senior Planner, Joanne Skaria.
9 Public comment: Claire O'Brien, 627 Brandon Street Palm Beach Gardens; Alan Fishman,
10 13287 Saffron Circle, Palm Beach Gardens; Richard Dunn , 13090 Touchstone Place, Palm
11 Beach Gardens; Bob Johnson, 6172 Celadon Circle, Palm Beach Gardens; Ira Berger,13872
12 Greensview Drive; Susan Sperber, 6215 Finsbury Court, Palm Beach Gardens; Chip Carlson ,
13 2377 Crawford Court; Mike Slutsky, 3827 Whispering Lakes Lane, Palm Beach Gardens.
14 Vice Mayor Jablin closed the Public Hearing.
15 Councilmember Premuroso made a motion to approve Ordinance 2, 2017 on first reading.
16 Councilmember Marino seconded.
17 Motion passed 4-0.
18 RESOLUTION 1, 2017 IS A COMPANION ITEM TO ORDINANCE 2, 2017 AND WILL
19 REQUIRE COUNCIL ACTION ON SECOND READING.
20 *RESOLUTION 1, 2017-TREVI ISLES PUD. A RESOLUTION OF THE CITY COUNCIL
21 OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A PLANNED
22 UNIT DEVELOPMENT (PUD) SITE PLAN TO ALLOW THE DEVELOPMENT OF A 50-
23 TOWNHOME RESIDENTIAL SUBDIVISION CALLED TREVI ISLE PUD, WHICH IS
24 LOCATED ON THE NORTH SIDE OF HOOD ROAD, IMMEDIATELY WEST OF
25 FLORIDA'S TURNPIKE, AS MORE PARTICULARLY DESCRIBED HEREIN;
26 PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN
27 EFFECTIVE DATE; AND FOR OTHER PURPOS ES.
28 Mayor Tinsley returned to the dias.
29 The City Clerk read Ordinance 3, 2017 by title.
30 d. ORDINANCE 3, 2017 -(1 ST READING) BUDGET AMENDMENT-AN ORDINANCE OF
31 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
32 AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL
33 YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017,
34 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
35 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
36 PURPOSES .
37 Mayor Tinsley opened the Public Hearing.
38 Petitioner: None.
39 Staff presentation: Finance Administrator, Allan Owens.
40 Public comment: Joey Eichner, (address not provided).
41 Mayor Tinsley closed the Public Hearing.
42 Vice Mayor Jablin made a motion to approve Ordinance 3, 2017 on first reading.
43 Councilmember Marino seconded.
44 Motion passed 3-2.
45 Mayor Tinsley and Councilmember Premuroso opposed.
46 The City Clerk read Ordinance 4, 2017 by title.
47 e. ORDINANCE 4, 2017 -(1 ST READING) OSPREY ISLES AND CARLETON OAKS
48 ANNEXATION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 BEACH GARDENS, FLORIDA ANNEXING A CONTIGUOUS AND COMP ACT AREA OF
2 UNINCORPORATED REAL PROPERTY COMPRISING A TOTAL OF 284.02 ACRES,
3 MORE OR LESS, COMMONLY KNOWN AS "OSPREY ISLES, THE STAR OF DAVID
4 CEMETERY OF THE PALM BEACHES , WEST PALM BEACH FIRE STATION #8, AND
5 CARLETON OAKS" IN ACCORDANCE WITH SECTION 171.0413, FLORIDA STATUTES,
6 SUCH PARCELS BEING GENERALLY LOCATED ON THE NORTH SIDE OF
7 NORTHLAKE BOULEVARD AND ADJACENT TO THE CITY'S MUNICIPAL GOLF
8 COURSE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ARTICLE II
9 OF THE CITY CHARTER TO REDEFINE THE CORPORATE LIMITS PURSUANT TO
10 INVOLUNTARY ANNEXATION; CALLING A REFERENDUM ON THE QUESTION OF
11 ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY
12 PROPOSED FOR ANNEXATION; PROVIDING A CONFLICTS CLAUSE, A
13 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
14 DATE; AND FOR OTHER PURPOSES.
15 Mayor Tinsley opened the Public Hearing.
16 Petitioner: None.
17 Staff presentation: Planner, Martin Fitts.
18 Public comment: None.
19 Mayor Tinsley closed the Public Hearing.
20 Councilmember Premuroso inquired about a special meeting prior to February 9th to approve
21 Ordinance 4, 2017 on second reading to meet the Palm Beach County Supervisor of Elections
22 deadline of February 3, 2017 at noon and to ensure the referendum would be on the ballot for the
23 March municipal election. Discussion ensued.
24 Vice Mayor Jablin made a motion to approve Ordinance 4, 2017 on first reading.
25 Councilmember Marino seconded.
26 Motion passed 5-0.
27 The City Clerk read Ordinance 5, 2017 by title.
28 f. ORDINANCE 5, 2017 -(1ST READING) CREATION OF BUDGET OVERSIGHT
29 REVIEW BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
30 BEACH GARDENS, FLORIDA AMENDING CHAPTER 2. ADMINISTRATION. AT
31 ARTICLE III. BOARDS AND COMMITTEES; CREATING A NEW DIVISION 4. TO BE
32 ENTITLED BUDGET OVERSIGHT REVIEW BOARD.; ESTABLISHING A NEW BUDGET
33 OVERSIGHT REVIEW BOARD AND INCLUDING MEMBERSHIP REQUIREMENTS,
34 MEETING SCHEDULE, AND POWERS AND DUTIES; PROVIDING THAT EACH AND
35 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION.
36 SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
37 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
38 EFFECTIVE DATE; AND FOR OTHER PURPOSES .
39 Mayor Tinsley opened the Public Hearing.
40 Petitioner: None.
41 Staff presentation: City Attorney, R. Max Lohman.
42 Public comment: None.
43 Mayor Tinsley closed the Public Hearing.
44 Vice Mayor Jablin made a motion to approve Ordinance 5, 2017 on first reading.
45 Councilmember Marino seconded.
46 Motion passed 5-0.
4 7 The City Clerk read Resolution 4, 2017 by title.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 g. *RESOLUTION 4, 2017 -SITE PLAN AMENDMENT FOR EXTERIOR WALL SIGN.
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
3 FLORIDA GRANTING APPROVAL OF A SITE PLAN AMENDMENT FOR A 10,000-
4 SQUARE-FOOT RESTAURANT WITH 940 SQUARE FEET OF OUTDOOR SEATING
5 AND ONE (1) EXTERIOR FLAT/WALL SIGN FOR COOPER'S HAWK WINERY AND
6 RESTAURANT AT THE GARDENS MALL; THE SUBJECT SITE IS GENERALLY
7 LOCATED NORTH OF PGA BOULEVARD, EAST OF FAIRCHILD GARDENS A VENUE,
8 SOUTH OF GARDENS PARKWAY, AND WEST OF KEW GARDENS AVENUE, AS
9 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF
10 APPROVAL; PROVIDING A WAIVER; PROVIDING AN EFFECTIVE DATE; AND FOR
11 OTHER PURPOSES.
12 Mayor Tinsley opened the Public Hearing.
13 Mayor Tinsley asked for ex-parte.
14 None.
15 Petitioner: None.
16 Staff presentation: Staff recommends approval of Resolution 4, 2017.
17 Public comment: None.
18 Mayor Tinsley closed the Public Hearing.
19 Vice Mayor Jablin made a motion to approve R~solution 4, 2017.
20 Councilmember Marino seconded.
21 Motion passed 5-0.
22 The City Clerk read Resolution 7, 2017 by title.
23 h. *RESOLUTION 7, 2017 -MIDTOWN PLANNED UNIT DEVELOPMENT
24 AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
25 BEACH GARDENS, FLORIDA APPROVING A PLANNED UNIT DEVELOPMENT (PUD)
26 AMENDMENT TO ALLOW THE DEVELOPMENT OF A 63-TOWNHOME RESIDENTIAL
27 SUBDIVISION AND 25,344-SQUARE-FOOT SPECIALTY GROCERY FOR MIDTOWN
28 PUD, WHICH IS LOCATED ON THE NORTH SIDE OF PGA BOULEVARD,
29 IMMEDIATELY EAST OF SHADY LAKES DRIVE, AS MORE PARTICULARLY
30 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING
31 WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
32 Mayor Tinsley opened the Public Hearing.
33 Mayor Tinsley asked for ex-parte.
34 Councilmember Premuroso spoke with the petitioner and applicant Dean Borg and Richard
35 Finkelstein; Councilmember Marino spoke with petitioner; Mayor Tinsley met with the
36 petitioner.
37 Petitioner: Anne Booth, Urban Design Kilday Studios.
38 Staff presentation: Staff recommends approval of Resolution 7, 2017.
39 Public comment: Jill Balderas, 5025 Whispering Hollow, Palm Beach Gardens; Marty
40 Gronek, 11198 Thyme Drive, Palm Beach Gardens; Sandra Gronek, 11198 Thyme Drive, Palm
41 Beach Gardens.
42 Mayor Tinsley closed the Public Hearing.
43 Vice Mayor Jablin made a motion to approve Resolution 7, 2017.
44 Councilmember Marino seconded.
45 Motion passed 5-0.
46 X. RESOLUTIONS
4 7 The City Clerk read Resolution 12, 2017 by title.
CllY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 a. RESOLUTION 12, 2017 -INFRASTRUCTURE ONE-CENT SALES TAX PROPOSAL. A
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
3 FLORIDA; ADOPTING A FORMAL POLICY AND PLAN FOR THE EXPENDITURE OF
4 THE ONE-CENT INFRASTRUCTURE SALES SURTAX; PROVIDING AN EFFECTIVE
5 DATE; AND FOR OTHER PURPOSES.
6 Mayor Tinsley opened the Public Hearing.
7 Petitioner: None.
8 Staff presentation: Public Services and Emergency Management Director David Reyes.
9 Public comment: None.
10 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
11 No action taken due to curfew.
12 XII. CITY ATTORNEY REPORT
13 No action taken due to curfew.
14 XIII. ADJOURNMENT
15 Vice Mayor Jablin made a motion to adjourn the meeting and continue on Friday, January 6,
16 2017 at 6:00 p.m.
17 Councilmember Marino seconded.
18 Motion passed 5-0.
19 The meeting adjourned at 11 :25 p.m.
20
21 The continuation of tonight's meeting will be held January 6, 2017.
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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APPROVED:
21 ~
22
. ', ~'\''i '~ST:·
• s · 25 .
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29 Patricia Snider, CMC
30 ·City Clerk
Robert G. Premuroso, Councilmember
flrµ;i)J/lf~
Carl W . Woods, Councilmember
31 Note: These minutes are prepared in compliance with 286.011 F .S. and are not verbatim transcripts of the
32 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk.
33 All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
01-05-17
PAGE 9
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
, AUTI-tORITY, OR OOMMllTEE
0
Cl 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 adviso(y 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 dose 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 county, 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 (induding 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 <istricts 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 officer'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 stock 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 slating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; snd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with 1he person responsible for recording the min-
utes of the meeting, who should incorporate the form in the llinutes.
* * * .. • • .. .. • .. • • • * *
APPOINTED OFFICERS:
Although you must abstain from voting in the sifuatioos 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 ANY ATTEMPT 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 form in the minutes. (Continued on other side)
CE FORM 88 -EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immedately 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 1he person respollSlble 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 pubrtdy at the next meeting after the form is filed
DISCLOSURE OF LOCAL OFFICER•s INTEREST
I, ilar A fl :rrnw'?J .herebydisclosethaton -;:5gn. ~l 1.-0 I']
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
,20 11._:
inured to the special gain or loss of my business aa&liili&iOlllCICialeale,,, _________ _:_ ___________ _;
inured to the special gain or loss of my relative,-------------------------
inured to the special gain or loss of. ____________________________ _, 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 the nature of my conflicting interest in the measure is as follows:
--rh e ~°'fo~ M'-1 V\u~b"'l)ci WO(l.\c..,S W ~~ \')eeA ..
Ye..ta, ~ ~ l}e -h"t\~ to ~0\d..D \OvO~~s,onol ~~~ne.aJ\'
~\c.Li:.,-.
Date Filed
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 SB -EFF. 1/2000 PAGE2