HomeMy WebLinkAboutMinutes Council 0907171 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 September 7, 2017
5
6 The regular meeting was called to order at 7:00 p.m. by Mayor Marino.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Marino, Vice Mayor Marciano, Councilmember Woods, Councilmember
10 Lane, Councilmember Litt.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 Mayor Marino requested under consent agenda add Item K. Resolution 66, 2017 executing an
14 Interlocal Agreement with Northern Palm Beach County Improvement District relating to the
15 collection, removal and proper disposal of storm-related debris.
16 Councilmember Lane made a motion to add Item K to the consent agenda.
17 Councilmember Litt seconded.
18 Motion passed 5-0.
19 IV. ANNOUNCEMENTS AND PRESENTATIONS
20 None.
21 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
22 Mayor Marino requested Items of Resident Interest and Board/Committee Reports be postponed
23 to the September 25, 2017 City Council meeting due to the impending Hurricane. Mayor Marino
24 received consensus from the Council.
25 VI. COMMENTS FROM THE PUBLIC
26 None.
27 VII. CITY MANAGER REPORT
28 Provided an update on the City's preparation and closures for Hurricane Irma.
29 VIII. CONSENT AGENDA
30 a. APPROVE MINUTES FROM AUGUST 3, 2017 CITY COUNCIL MEETING.
31 b. APPROVE MINUTES FROM AUGUST 24, 2017 CITY COUNCIL WORKSHOP.
32 c. RESOLUTION 59, 2017 --COLLECTIVE BARGAINING AGREEMENT. A
33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
34 FLORIDA, APPROVING AND RATIFYING THE COLLECTIVE BARGAINING
35 AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION
36 (SEIU)/FLORIDA PUBLIC SERVICES UNION (FPSU) FOR FISCAL YEARS 2017-2018,
37 2018-2019, AND 2019-2020; AUTHORIZING THE MAYOR AND CITY MANAGER TO
38 EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
39 PURPOSES.
40 d. RESOLUTION 61, 2017 -ST. IGNATIUS CHURCH PLAT. A RESOLUTION OF THE
41 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
42 THE PLAT FOR THE CATHEDRAL OF ST. IGNATIUS LOYOLA; PROVIDING AN
43 EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
44 e. PURCHASE AW ARD -MICROSOFT ENTERPRISE LICENSE AGREEMENT
45 RENEWAL.
46 f. PURCHASE A WARD -LANDSCAPING FOR NEW GOLF CLUBHOUSE.
47 g. PROCLAMATION -A DAY TO REMEMBER.
48 h. PROCLAMATION -WORLD ALZHEIMER'S AWARENESS DAY.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-17
PAGE 1
1 i. PROCLAMATION -PROST A TE CANCER AWARENESS MONTH.
2 j. PROCLAMATION -CHILDHOOD CANCER AWARENESS MONTH.
3 k. RESOLUTION 66, 2017 -INTERLOCAL AGREEMENT FOR STORM DEBRIS. A
4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
5 FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
6 WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT RELATING TO
7 COLLECTION, REMOVAL, AND PROPER DISPOSAL OF STORM-RELATED DEBRIS;
8 PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
9 Councilmember Lane made a motion for approval of the Consent Agenda.
10 Councilmember Litt seconded.
11 Motion passed 5-0.
12 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
13 Those preparing to give testimony were sworn in.
14 The City Clerk read Resolution Ordinance 19, 2017 by title.
15 a. ORDINANCE 19, 2017 -(1ST READING) ADOPTING THE BUDGET FOR FISCAL
16 YEAR 2018 (1st READING). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
17 PALM BEACH GARDENS, FLORIDA, ADOPTING THE BUDGET FOR THE CITY OF
18 PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017,
19 AND ENDING SEPTEMBER 30, 2018; PROVIDING A CONFLICTS CLAUSE AND A
20 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER
21 PURPOSES.
22 Mayor Marino opened the Public Hearing.
23 Petitioner: None.
24 Staff presentation: Finance Administrator, Allan Owens.
25 Public comment: None.
26 Mayor Marino closed the Public Hearing.
27 Mayor Marino brought item back for discussion. -Discussion ensued.
28 Councilmember Woods made a motion that the "City of Palm Beach Gardens adopt a proposed
29 millage rate of 5.6678 mills, which includes a debt millage rate of .1178 and an operating rate of
30 5.55 mills, which is greater than the rolled back rate of 5.2671 by 5.37%."
31 Councilmember Litt seconded.
32 Motion passed 5-0.
33 Councilmember Woods made a motion to approve Ordinance 19, 2017 on first reading,
34 adopting a budget for fiscal year 2017/2018 and setting the second and final reading for
35 September 25, 2017 at 7:00 PM in the Council Chambers.
36 Councilmember Litt seconded.
37 Motion passed 5-0.
38 The City Clerk read Ordinance 22, 2017 by title.
39 b. ORDINANCE 22, 2017 -(lsT READING) BAN OF MEDICAL MARIJUANA
40 TREATMENT FACILITIES AND DISPENSARIES. AN ORDINANCE OF THE CITY
41 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING
42 CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-159. TABLE 21: PERMIITED,
43 CONDITIONAL, AND PROHIBITED USE CHART, AND ADOPTING NEW NOTE (j)(73)
44 TO TABLE 21 IN ORDER TO ADD MEDICAL MARIJUANA TREATMENT CENTERS
45 AND MEDICAL MARIJUANA TREATMENT CENTER -DISPENSING FACILITIES TO
46 THE LIST OF PROHIBITED USES IN ALL ZONING DISTRICTS; FURTHER AMENDING
47 CHAPTER 78 AT SECTION 78-751. DEFINITIONS. BY ADDING THE NEW
48 DEFINITIONS "MARIJUANA", "MEDICAL MARIJUANA TREATMENT CENTER
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-1 3-17
PAGE 2
1 AND/OR MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING FACILITY";
2 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
3 CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT
4 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
5 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
6 FOR OTHER PURPOSES.
7 Mayor Marino opened the Public Hearing.
8 Petitioner: None.
9 Staff presentation: None.
10 Public comment: None.
11 Mayor Marino closed the Public Hearing.
12 Mayor Marino requested Councilmembers postpone discussion to second reading of the
13 Ordinance on September 25, 2017 due to the impending Hurricane.
14 Councilmember Woods made a motion to approve Ordinance 22, 2017 on first reading.
15 Councilmember Lane seconded.
16 Motion passed 5-0.
17 The City Clerk read Ordinance 23, 2017 by title.
18 c. ORDINANCE 23, 2017 -(lsT READING) MORATORIUM ON MICRO WIRELESS
19 FACILITIES UNTIL DECEMBER 31, 2017. AN ORDINANCE OF THE CITY COUNCIL OF
20 THE CITY OF PALM BEACH GARDENS, FLORIDA, ESTABLISHING AND IMPOSING A
21 TEMPORARY MORATORIUM WITHIN THE CITY OF PALM BEACH GARDENS ON
22 THE SUBMITTAL AND PROCESSING OF APPLICATIONS AND ISSUANCE OF ANY
23 PERMITS PERTAINING TO COLLOCATION ON EXISTING OR THE CREATION OF
24 NEW UTILITY POLES IN THE RIGHTS-OF-WAY TO SUPPORT SMALL WIRELESS
25 FACILITIES OR MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017, IN
26 ORDER TO ALLOW AN OPPORTUNITY TO DEVELOP REGULATIONS CONSISTENT
27 WITH CHAPTER 2017-136, LAWS OF FLORIDA THAT BECAME EFFECTIVE JULY 1,
28 2017; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
29 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
30 PURPOSES.
31 Mayor Marino opened the Public Hearing.
32 Petitioner: None.
33 Staff presentation: None.
34 Public comment: None.
35 Mayor Marino closed the Public Hearing.
36 Mayor Marino brought item back for discussion. -Discussion ensued.
37 Councilmember Lane made a motion to approve Ordinance 23, 2017 on first reading.
38 Councilmember Woods seconded.
39 Motion passed 5-0.
40 The City Clerk read Resolution 55, 2017 by title.
41 d. *RESOLUTION 55, 2017 -ART IN PUBLIC PLACES FOR LA POSADA SENIOR
42 LIVING FACILITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
43 BEACH GARDENS, FLORIDA, APPROVING ART IN PUBLIC PLACES FOR THE LA
44 POSADA SENIOR LIVING FACILITY WITHIN THE REGIONAL CENTER PLANNED
45 COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED
46 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
47 DA TE; AND FOR OTHER PURPOSES.
48 Mayor Marino opened the Public Hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-17
PAGE 3
,--------------------------------------------------
1 Mayor Marino asked for any ex-parte.
2 None.
3 Petitioner: Dodi Glas, Gentile Glas Holloway O'Mahoney & Associates, Inc.
4 Staff presentation: None.
5 Public comment: None.
6 Mayor Marino closed the Public Hearing.
7 Mayor Marino brought item back for discussion. -No discussion.
8 Councilmember Lane made a motion to approve Resolution 55, 2017.
9 Vice Mayor Marciano seconded.
10 Motion passed 5-0.
11 The City Clerk read Resolution 60, 2017 by title.
12 e. *RESOLUTION 60, 2017 -APPROVAL OF FPL WATTS SUBSTATION. A
13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
14 FLORIDA, APPROVING THE SITE PLAN FOR A FLORIDA POWER AND LIGHT
15 ELECTRICAL SUBSTATION ON THE 5.0-ACRE UTILITY PARCEL LOCATED IN THE
16 NORTHEAST CORNER OF THE 681-ACRE ALTON PLANNED COMMUNITY
17 DEVELOPMENT (PCD), GENERALLY LOCATED SOUTH OF DONALD ROSS ROAD,
18 NORTH OF HOOD ROAD, EAST OF INTERSTATE 95, AND WEST OF CENTRAL
19 BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
20 CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE
21 DA TE; AND FOR OTHER PURPOSES.
22 Mayor Marino opened the Public Hearing.
23 Mayor Marino asked for any ex-parte.
24 Councilmember Lane spoke with Don Kiselewski Jr; Vice Mayor Marciano spoke with Don
25 Kiselewski Jr and Peter Brock
26 Petitioner: Robert Beaulieu, Florida Power and Light.
27 Staff presentation: None.
28 Public comment: None.
29 Mayor Marino closed the Public Hearing.
30 Mayor Marino brought item back for discussion. -Discussion ensued.
31 Councilmember Lane made a motion to approve Resolution 60, 2017.
32 Councilmember Litt seconded.
33 Motion passed 5-0.
34 The City Clerk read Ordinance 15, 2017 by title.
35 f. ORDINANCE 15, 2017 -(1 ST READING) REMOVAL OF FLOODPLAIN
36 MANAGEMENT REGULATIONS FROM CHAPTER 78. AN ORDINANCE OF THE CITY
37 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING
38 CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. BY REPEALING ARTICLE
39 II. STANDARDS. AND ADOPTING A NEW ARTICLE III. ENTITLED FLOODPLAIN
40 MANAGEMENT. ADOPTING STATE OF FLORIDA FLOODPLAIN MANAGEMENT
41 ORDINANCE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
42 SUBSECTION OF CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. SHALL
43 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
44 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
45 PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
46 Mayor Marino opened the Public Hearing.
47 Petitioner: None.
48 Staff presentation: Planning Manager, Peter Hofheinz.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-17
PAGE 4
1 Public comment: None.
2 Mayor Marino closed the Public Hearing.
3 Mayor Marino brought item back for discussion. -No discussion
4 Councilmember Lane made a motion to approve Ordinance 15, 2017 on first reading.
5 Councilmember Litt seconded.
6 Motion passed 5-0.
7 The City Clerk read Ordinance 18, 2017 by title.
8 g. ORDINANCE 18, 2017 -(lsT READING) -ADDING THE FLOODPLAIN
9 MANAGEMENT REGULATIONS TO CHAPTER 86. AN ORDINANCE OF THE CITY
IO COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING
11 CHAPTER 78. LAND DEVELOPMENT. AT DIVISION 10. SUBDIVISIONS. BY
12 REPEALING IN ITS ENTIRETY SUBDIVISION VI. FLOODPLAIN REGULATIONS. IN
13 ORDER TO PROVIDE INTERNAL CONSISTENCY WITH CITY CODE AND TO REMOVE
14 DUPLICATIVE SECTIONS; RESERVING DIVISION 10. AND SECTIONS 78-531-78-540.
15 FOR FUTURE LEGISLATION; PROVIDING THAT EACH AND EVERY OTHER SECTION
16 AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN
17 FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
18 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
19 EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
20 Mayor Marino opened the Public Hearing.
21 Petitioner: None.
22 Staff presentation: Ordinance 15, 2017 and Ordinance 18, 2017 were combined into one
23 presentation.
24 Public comment: None.
25 Mayor Marino closed the Public Hearing.
26 Mayor Marino brought item back for discussion. -No discussion
27 Councilmember Lane made a motion to approve Ordinance 18, 2017 on first reading .
28 Councilmember Litt seconded.
29 Motion passed 5-0.
30 The City Clerk read Ordinance 17, 2017 by title.
31 h. ORDINANCE 17, 2017 -(2nd READING AND ADOPTION) OPERATION OF MOBILE
32 FOOD TRUCKS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
33 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT BY
34 ADOPTING NEW SECTION 78-196. TO BE ENTITLED "OPERATION AND SALE OF
35 FOOD FROM MOBILE FOOD TRUCKS." IN ORDER TO ADOPT REGULATIONS
36 RELATING TO MOBILE FOOD TRUCKS; FURTHER AMENDING CHAPTER 78. AT
37 SECTION 78-751. DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "MOBILE
38 FOOD TRUCK" AND "MOBILE FOOD VENDOR"; PROVIDING THAT EACH AND
39 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78 . LAND DEVELOPMENT
40 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
41 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY
42 TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
43 Mayor Marino opened the Public Hearing.
44 Petitioner: None.
45 Staff presentation: Planning Manager, Peter Hofheinz.
46 Public comment: None.
47 Mayor Marino closed the Public Hearing.
48 Mayor Marino brought item back for discussion. -Discussion ensued.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-17
PAGE 5
1 Councilmember Litt made a motion to approve Ordinance 17, 2017 on second reading and
2 adoption.
3 Vice Mayor Marciano seconded.
4 Motion passed 5-0.
5 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
6 Councilmember Woods clarified his comments during the discussion for Ordinance 19, 2017.
7 XII. CITY ATTORNEY REPORT
8 None.
9 (['he remainder of this page intentionally left blank.)
10
11
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-13-17
PAGE 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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
XIII. ADJOURNMENT
Mayor Marino adjourned the meeting at 8:30 p .m.
The next regularly scheduled City Council meeting will be held Monday, September 25, 2017.
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
Maria G. Marino, Mayor
Carl W. Woods, Councilmember
Matthew Jay Lane , Councilmember
~d~
Rachelle A. Litt, Councilmember
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
09-13-17
PAGE 7