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HomeMy WebLinkAboutMinutes Council 1012171 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 47 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 12, 2017 The regular meeting was called to order at 7:04 p.m. by Mayor Marino. I. PLEDGE OF ALLEGIANCE II. ROLL CALL PRESENT: Mayor Marino, Vice Mayor Marciano, Councilmember Woods, Councilmember Lane (arrived at 7:28 p.m. due to the Jewish Holiday), Councilmember Litt. ABSENT: None. III. ADDITIONS, DELETIONS, MODIFICATIONS I None. IV. ANNOUNCEMENTS AND PRESENTATIONS a. CHARTER REVIEW COMMITTEE FINAL REPORT. Presentation was given by Brian Seymour, Charter Review Committee Chair. Public Comment: Tom Cairnes, 3101 PGA Blvd, Palm Beach Gardens; Roma Josephs, 323 Sunset Bay Lane, Palm Beach Gardens; Kevin Easton, 8511 40th Terrace, Palm Beach Gardens; Sid Dinerstein, 15 St. George Place, Palm Beach Gardens; Philip Blumel, 7878 S. Lake Drive, Lake Clarke Shores; Vito DeFrancesco, 1049 Shady Lakes Circle, Palm Beach Gardens; Iris Scheibel,. 1029 Siena Oaks Circle W., Palm Beach Gardens; Fred Scheibl, 1029 Siena Oaks Circle W., Palm Beach Gardens; Marilyn Parmet, 116 Abondance Dr, Palm Beach Gardens; Nick Tomboulides, 812 Hoodsore Cob Lane, Melbourne; Barbara Grossman , 21000 Portofino Circle, Palm Beach Gardens. Councilmember Woods made a motion to direct the City Attorney to draft ballot language revising and reorganizing the City Charter to correct the inconsistencies, conflicts, and legal insufficient provision that currently exist in the Charter. Councilmember Litt seconded. Motion passed 5-0. Councilmember Woods made a motion to direct the City Attorney to draft ball ot language to limit the terms limits for City Councilmembers ,to three 3-year terms. Councilmember Litt seconded. 1 Motion passed 4-1 . Councilmember Lane opposed. Councilmember Woods made a motion to direct the City Attorney to draft ballot language to require a City Councilmember to be out of office for one full term prior to being eligible to hold office again. Vice Mayor Marciano seconded. Motion passed 5-0. Councilmember Litt made a motion to direct the City Attorney to draft ballot language to change the City's method of election from majority to plurality. Councilmember Woods seconded. Motion passed 5-0. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS Councilmember Rachelle Litt: Attended the Palm Beach Gardens Green Market 16th Anniversary Opening; North County Neighborhood Coalition; Economic Development Advisory Board; Forum Club of the Palm Beaches; Business Development Board Luncheon; Palm Beach CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 10-12-17 I 1 County League of Cities Luncheon; Palm Beach North Chamber of Commerce CEO Connection 2 Event, Palm Beach County Cares Meeting; Sober Home Task Force Meeting 3 Councilmember Matthew Lane: Councilmember Lane arrived after this item commenced. 4 Councilmember Carl Woods: Addressed issues regarding traffic at William T. Dwyer High 5 School during peak hours. 6 Vice Mayor Mark Marciano: Attended the Florida Department of Transportation Meeting, 7 Palm Beach Gardens Green Market 16th Anniversary Opening; Treasure Coast Rail Meeting; 8 Mayor Maria Marino: Gave the State of the City Presentation at the North County 9 Neighborhood Coalition; Announced Read for the Record will on be on Thursday October 19, 10 2017 at the Riverside Youth Enrichment Center; Coffee and Conversation with the Mayor will 11 be October 26, 2017 in the City Hall Lobby; Pitch for the Cure will be at Lake Catherine Park on 12 October 14, 2017; Displayed the Fire Rescue Breast Cancer Awareness T-Shirt. 13 VI. COMMENTS FROM THE PUBLIC 14 Kathryn Gettinger, 4250 Hickory Drive, Palm Beach Gardens; Donaldson Hearing, 1934 15 Commerce Lane #1, Jupiter. 16 VII. CITY MANAGER REPORT 17 Provided a status of the cleanup of the debris due to Hurricane Irma and the cost of clean up and 18 damages to City facilities. Announced the City collected 67,581 cubic yards of debris. 19 Announced there is a Transit Oriented Design Workshop on Thursday, October 19, 2017 at 6 :00 20 p.m. in the Emergency Operations Center. 21 VIII. CONSENT AGENDA 22 a. APPROVE MINUTES FROM SEPTEMBER 25, 2017 CITY COUNCIL MEETING. 23 b. RESOLUTION 62, 2017 -NON-EXCLUSIVE EASEMENT TO FLORIDA POWER 24 & LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 25 BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE EASEMENT TO 26 FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION, 27 OPERATION, MAINTENANCE, AND SERVICE OF ELECTRIC FACILITIES; 28 AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN 29 EFFECTIVE DA TE; AND FOR OTHER PURPOSES. 30 c. RESOLUTION 67, 2017 -NON-EXCLUSIVE UTILITY EASEMENT TO 31 FLORIDA POWER & LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE 32 CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE 33 UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE 34 RELOCATION OF EXISTING UNDERGROUND POWER LINES TO FACILITATE 35 THE WIDENING OF THE HOOD ROAD BRIDGE OVER INTERSTATE 95; 36 AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN 37 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 38 d. RESOLUTION 72, 2017 -AGREEMENT FOR WETLAND MITIGATION. A 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 40 GARDENS, FLORIDA, APPROVING A CONTRACT FOR SALE AND PURCHASE 41 OF 2.06 OFF-SITE MITIGATION CREDITS FOR THE FIRST PHASE OF THE 42 DEVELOPMENT OF THE SANDHILL CRANE GOLF COURSE MAINTENANCE 43 FACILITY AND PARKING EXPANSION; PROVIDING AN EFFECTIVE DATE; 44 AND FOR OTHER PURPOSES. 45 e. RESOLUTION 73, 2017 -ALTON PCD PARCELS D, E, AND F PLAT 46 APPROVAL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 47 B EACH GARDENS, FLORIDA, APPROVING THE PLAT FOR ALTON P LANNED CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 2 1 COMMUNITY DEVELOPMENT (PCD) TRACTS D, E, AND F; PROVIDING AN 2 EFFECTIVE DATE; AND FOR OTHER PURPOSES 3 f. PURCHASE AW ARD -RENT AL OF MOTOR VEHICLES (POLICE). 4 g. PURCHASE AW ARD -MANAGEMENT AGREEMENT FOR FOOD & 5 BEVERAGE OPERATIONS AT SANDHILL CRANE GOLF CLUB. 6 h. PURCHASE AW ARD -INFRASTRUCTURE WORK AT PUBLIC SAFETY 7 TRAINING COMPLEX. 8 i. PROCLAMATION -NATIONAL COMMUNITY PLANNING MONTH. 9 j. PROCLAMATION -NATIONAL BREAST CANCER AWARENESS MONTH. 10 k. PROCLAMATION -FLORIDA CITY GOVERNMENT WEEK. 11 1. PROCLAMATION -NATIONAL RED RIBBON WEEK. 12 m. PROCLAMATION -READ FOR THE RECORD. 13 n. PROCLAMATION -90™ ANNIVERSARY OF LESSER, LESSER, LANDY & 14 SMITH. 15 o .. PROCLAMATION -HONORING GRAND MASTER OF MASONS, RICHARD G. 16 HOOVER. 17 Vice Mayor Marciano made a motion for approval of the Consent Agenda. 18 Councilmember Woods seconded. 19 Motion passed 4-0. Councilmember Lane was not present for vote. 20 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 21 Those preparing to give testimony were sworn in. 22 The City Clerk read Ordinance 22, 2017 by title. 23 a ORDINANCE 22, 2017 -(2ND READING AND ADOPTION) BAN OF MEDICAL 24 MARIJUANA TREATMENT FACILITIES AND DISPENSARIES. AN ORDINANCE OF 25 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 26 AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-159. TABLE 21: 27 PERMITTED, CONDITIONAL, AND PROHIBITED USE CHART, AND ADOPTING NEW 28 NOTE (j)(73) TO TABLE 21 IN ORDER TO ADD MEDICAL MARIJUANA TREATMENT 29 CENTER -DISPENSING FACILITIES TO THE LIST OF PROHIBITED USES IN ALL 30 ZONING DISTRICTS; FURTHER AMENDING CHAPTER 78 AT SECTION 78-751. 31 DEFINITIONS. BY ADDING THE NEW DEFINITIONS "MARIJUANA", "MEDICAL 32 MARIJUANA TREATMENT CENTER-DISPENSING FACILITY''; PROVIDING THAT 33 EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND 34 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 35 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 36 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 37 PURPOSES 38 Mayor Marino opened the Public Hearing. 39 Petitioner: None. 40 Staff presentation: No changes since first reading. 41 Public comment: Richard Preiser, 4233 Magnolia Court Palm Beach Gardens. 42 Mayor Marino closed the Public Hearing. 43 Mayor Marino brought item back for discussion. -discussion ensued. 44 Councilmember Litt made a motion to approve Ordinance 22, 2017 on second reading and 45 adoption. 46 Councilmember Lane seconded. 47 Motion passed 5-0. . 48 The City Clerk read Ordinance 23, 2017 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 3 1 b. ORDINANCE 23, 2017 -(2ND READING AND ADOPTION) MORATORIUM ON 2 MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017. AN ORDINANCE OF THE 3 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, . FLORIDA, 4 ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM WITHIN THE CITY 5 OF PALM BEACH GARDENS ON THE SUBMITTAL AND PROCESSING OF 6 APPLICATIONS AND ISSUANCE OF ANY PERMITS PERTAINING TO COLLOCATION 7 ON EXISTING OR THE CREATION OF NEW UTILITY POLES IN THE RIGHTS-OF-WAY 8 TO SUPPORT SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES 9 UNTIL DECEMBER 31, 2017, IN ORDER TO ALLOW AN OPPORTUNITY TO DEVELOP 10 REGULATIONS CONSISTENT WITH CHAPTER 2017-136, LAWS OF FLORIDA THAT 11 BECAME EFFECTIVE JULY 1, 2017; PROVIDING A CONFLICTS CLAUSE, A 12 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 13 DATE; AND FOR OTHER PURPOSES. 14 Mayor Marino opened the Public Hearing. 15 Petitioner: None. 16 Staff presentation: No changes since first reading. 17 Public comment: None. 18 Mayor Marino closed the Public Hearing. 19 Mayor Marino brought item back for discussion. -discussion ensued. 20 Councilmember Lane made a motion to approve Ordinance 23, 2017 on second reading and 21 adoption. 22 Councilmember Litt seconded. 23 Motion passed 5-0. 24 The City Clerk read Resolution 71, 2017 by title. 25 c. *RESOLUTION 71, 2017 -MISCELLANEOUS AMENDMENT FOR BURWICK 26 COMMUNITY RESIDENTIAL ENTRY SIGNS. A RESOLUTION OF THE CITY COUNCIL 27 OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A 28 MISCELLANEOUS AMENDMENT TO ALLOW THREE RESIDENTIAL ENTRY SIGNS 29 FOR THE BURWICK RESIDENTIAL COMMUNITY WITHIN THE PGA NATIONAL 30 PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED SOUTH OF PGA 31 BOULEVARD AND EAST OF RYDER CUP BOULEVARD, AS MORE PARTICULARLY 32 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 33 EFFECTIVE DA TE; AND FOR OTHER PURPOSES. 34 Mayor Marino opened the Public Hearing. 35 Mayor Marino asked for an ex-parte. 36 None. 37 Petitioner: Angela Eisenhauer, Lang Management Company. 3 8 Staff presentation: None. Staff recommended approval of Resolution 71, 2017. 39 Public comment: None. 40 Mayor Marino closed the Public Hearing. 41 Mayor Marino brought item back for discussion. -discussion ensued. 42 Councilmember Lane made a motion to approve Resolution 71, 2017. 43 Councilmember Litt seconded. 44 Motion passed 5-0. 45 X. RESOLUTIONS 46 The City Clerk read Resolution 68, 2017 by title. 47 a. RESOLUTION 68, 2017 -APPOINTMENTS AND RE-APPOIN1MENTS TO THE ART IN 48 PUBLIC PLACES ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 4 1 CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE APPOINTMENT OF 2 REGULAR AND ALTERNATE MEMBERS TO THE ART IN PUBLIC PLACES ADVISORY 3 BOARD; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES. 4 Mayor Marino opened the Public Hearing and announced that staff wound not be making a 5 presentation for Resolution 68, since the board appointments are made by the City Council. 6 Public comment: None. 7 Mayor Marino closed the Public Hearing. 8 Mayor Marino brought item back for discussion. -discussion ensued. 9 Vice Mayor Marciano recommended Marci Bulitt, Vincent Cassanetti, Amy Mauser and 10 Charles Millar be reappointed to the Art in Public Places Advisory Board. 11 Councilmember Litt seconded. 12 Motion passed 5-0. 13 Following the vote for Regular Members, Councilmember Lane requested to appoint an alternate 14 to the Board. Discussion ensued resulting in a recommendation from Councilmember Lane to 15 appoint Zaven K.az.andjian as an alternate member. 16 Vice Mayor Marciano made the motion to appoint Michael Richards as a regular member and 17 Zaven Kazandjian as an alternate member to the Art in Public Places Advisory Board. 18 Councilmember Lane seconded. 19 Motion passed 5-0. 20 Vice Mayor Marciano made a motion to approve Resolution 68, 2017. 21 Councilmember Lane seconded. 22 Motion passed 5-0. 23 The City Clerk read Resolution 69, 2017 by title. 24 b. RESOLUTION 69, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE PARKS 25 AND RECREATION ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF 26 THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE APPOINTMENT 27 OF REGULAR AND ALTERNATE MEMBERS TO THE PARKS AND RECREATION 28 ADVISORY BOARD; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. 29 Mayor Marino opened the Public Hearing and announced that staff wound not be making a 30 presentation for Resolution 69, since the board appointments are made by the City Council. 31 Public comment: None. 32 Mayor Marino closed the Public Hearing. 33 Mayor Marino brought item back for discussion. -discussion ensued. 34 Vice Mayor Marciano recommended Valerie Fennon, Mary Anne Hedrick, Carol Dutra-Ellis 35 and Bruce Bonvento be reappointed to the Parks and Recreation Advisory Board. 36 Councilmember Litt recommended Kelly Rogers and Shelly Roe be appointed as regular 3 7 members of the Parks and Recreation Advisory Board. 38 Vice Mayor Marciano seconded. 39 Motion passed 5-0. 40 Vice Mayor Marciano recommended Andrew Heim as first alternate and Joseph Russo Jr. as 41 second alternate of the Parks and Recreation Advisory Board. 42 Councilmember Litt seconded. 43 Motion passed 3-2. 44 Mayor Marino and Councilmember Lane opposed. 45 Vice Mayor Marciano made a motion to approve Resolution 69, 2017. 46 Councilmember Litt seconded. 47 Motion passed 5-0. 48 The City Clerk read Resolution 70, 2017 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 5 1 c. RESOLUTION 70, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE 2 PLANNING, ZONING AND APPEALS BOARD. A RESOLUTION OF THE CITY COUNCIL 3 OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE 4 APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE PLANNING, 5 ZONING, AND APPEALS BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR 6 OTHER PURPOSES. 7 Mayor Marino opened the Public Hearing and announced that staff wound not be making a 8 presentation for Resolution 70, since the board appointments are made by the City Council. 9 Public comment: None. 10 Mayor Marino closed the Public Hearing. 11 Mayor Marino brought item back for discussion. -discussion ensued. 12 Vice Mayor Marciano made a motion for Carl Sabatello be reappointed to the Planning and 13 Zoning Advisory Board. 14 Motion passed 5-0. 15 Councilmember Woods recommended C. Steve Lewis, B. John Glidden and Roma Josephs as 16 regular members to Planning and Zoning Appeals Board. 17 Councilmember Lane seconded. 18 Motion passed 5-0. 19 Vice Mayor Marciano recommended Debra Canney as first alternate and Christopher Oftedal 20 as second alternate to the Planning and Zoning Appeals Board. 21 Councilmember Lane made a motion to approve Resolution 70, 2017. 22 Vice Mayor Marciano seconded. 23 Motion passed 5-0. 24 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 25 Councilmember Litt requested that the board and committee application be reviewed to add 26 more information per Councilmember Lane's request. 27 XII. CITY ATTORNEY REPORT 28 None. 29 (I'he remainder of this page intentionally left blank.) 30 31 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 6 I 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 - XIII. ADJOURNMENT Mayor Marino adjourned the meeting at 10:30 p.m. The next regularly scheduled City Council meeting will be held November 2, 2017. APPROVED: Maria G. Marino, Mayor Carl W. Woods, Councilmember Matthew Jay Lane, Councilmember Rachelle A. Litt, Councilmember 34 , ATTEST: :· -is- 36 · 37 ' 38 39 40 41 42 43 44 45 46 ' ~ Patricia Snider, CMC City Clerk 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 10-12-17 PAGE 7