HomeMy WebLinkAboutMinutes Council 1102171 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 November 2, 2017
5
6 The regular meeting was called to order at 7:03 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 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. PALM BEACH GARDENS MEDICAL CENTER CEO DIANNE GOLDENBERG
16 b. WEISS SCHOOL
17 c. FPL SOLARNOW PROGRAM PRESENTATION
18 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
19 Councilmember Rachelle Litt: Visited the Weiss School on October 13th regarding the Cube
20 Stat program; Attended the Palm Beach Gardens Youth Athletic Associations Pitch for the Cure
21 Event on October 14th; Palm Beach · County Cares on October 15th; Florida League of Cities
22 Legislative Update; Palm Beach North Chamber of Commerce Breakfast; Mobility in the
23 Gardens Transportation Workshop; Read Quackers to the children at the Riverside Youth
24 Enrichment Center for Read for the Record Event; Attended the United Way Women's
25 Leadership Dinner; Palm Beach North Chamber of Commerce; Palm Beach North Chamber of
26 Commerce event regarding legal drugs in the workplace, Central Palm Beach Chamber of
27 Commerce Mobility Luncheon.
28 Councilmember Matthew Lane: Palm Beach North Chamber of Commerce Government
29 Affairs Committee, Palm Beach North Chamber of Commerce Breakfast; Mobility in the
30 Gardens Transportation Workshop; Read for the Record at the Riverside Youth Enrichment
31 Center; Palm Beach Gardens High School Homecoming Parade, Palm Beach Gardens
32 Predators Tournament, PGA Corridor Association Breakfast, Palm Beach North Chamber of
33 Commerce Woman of the Year Luncheon, announced Mayor Maria Marino was named Woman
34 of the Year; North County Neighborhood Coalition; Palm Beach Gardens Police Foundation
35 Reception; Palm Beach Gardens Fall Festival.
36 Councilmember Carl Woods: Spoke with residents regarding term limits.
37 Vice Mayor Mark Marciano: Palm Beach Gardens Youth Athletic Association Pitch for the
38 Cure; Florida League of Cities Legislative Update; Palm Beach North Chamber of Commerce
39 Breakfast; Mobility in the Gardens Transportation Workshop; Read for the Record at the
40 Riverside Youth Enrichment Center; Parks and Recreation Advisory Board Meeting; PGA
41 Corridor Association meeting; Palm Beach North Chamber of Commerce Woman of the Year
42 Luncheon; Principal for the day at Duncan Middle School; Palm Beach Gardens Fall Festival,
43 Palm Beach Gardens Police Foundation event.
44 Mayor Maria Marino:
45 Attended the Palm Beach North Chamber of Commerce Breakfast; Mobility in the Gardens
46 Transportation Workshop;; North County Intergovernmental Committee Meeting; Palm Beach
4 7 North Chamber Economic Development Meeting for Smart and Connected Regions; Town Hall
48 Meeting for the Annexation of Bayhill Estates and Rustic Acres; Coffee and Conversation with
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
11-02-17
PAGE 1
1 the Mayor; Palm Beach Gardens Police Explorers Golf Tournament, Suits for Seniors Speaker at
2 Palm Beach Gardens High School; Palm Beach County Cares Meeting; Announced over
3 200,000 lbs of good have been collected at City Fire Station #3 for hurricane victims in Puerto
4 Rico; Palm Beach Gardens Youth Athletic Association Pitch for the Cure: PGA Corridor
5 Association Meeting.
6 VI. COMMENTS FROM THE PUBLIC
7 Dave Markarian, 215 Via Condado Way, Palm Beach Gardens; Iris Scheibe(, 1029 Siena Oaks
8 Circle West, Palm Beach Gardens; Patrick Connors, 5002 Vinecliff Way, Palm Beach Gardens;
9 Anita Carbone, 11 Thurston Drive, Palm Beach Gardens; Stanley Dale Klett Jr., 4400 PGA
10 Blvd Suite 304, Palm Beach Gardens; Bill Champlin, 1001 Grand Isle Way, Palm Beach
11 Gardens; Jane Feinstein, 3666 Toulouse Drive, Palm Beach Gardens; Eric Jablin , 184
12 Thornton Drive, Palm Beach Gardens; Katie Gettinger, 4250 Hickory Drive, Palm Beach
13 Gardens; Kevin Easton, 8511 40th Terrace N., Palm Beach Gardens, Meg Shannon, 1111
14 Orinoco Way, Palm Beach Gardens, Steve Mathison, 5606 PGA Blvd, Pa lm Beach Gardens;
15 Andrew Heim, 5124 Desert Vixen Road, Palm Beach Gardens.
16 VII. CITY MANAGER REPORT
17 Introduced Chief Stephen Stepp who recognized City dispatchers Sharlotte Theriault and Kirsten
18 Tucker for volunteering during the Hurricane Irma relief efforts in the Florida Keys.
19 VIII. CONSENT AGENDA
20 Councilmember Lane requested that Item C be pulled from consent.
21 a. APPROVE MINUTES FROM OCTOBER 12, 2017 CITY COUNCIL MEETING.
22 b. RESOLUTION 75, 2017 -FLORIDA POWER & LIGHT MA STER AGREEMENT. A
23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARD ENS,
24 FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A MASTER LICENSE
25 AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY; PROVIDING AN
26 EFFECT IVE DATE; AND FOR OTHER PURPOSES.
27 d. PURCHASE AW ARD -PURCHASE OF BOOM TRUCK FOR PUBLIC SERVICES.
28 e. PROCLAMATION -EPILEPSY AWARENESS MONTH.
29 f. PROCLAMATION -NATIONAL GIS DAY.
30 g. PROCLAMA TON -NATIONAL HOSPICE & PALLIATIVE CARE MONTH.
31 h. PROCLAMATION-WORLD PANCREATIC CANCER DAY.
32 Councilmember Litt made a motion for approval of the Consent Agenda without Item C.
33 Councilmember Woods seconded.
34 Motion passed 5-0.
35 Councilmember Lane recused himself and filled out form 8B.
36 c. PURCHASE AW ARD -REAL ESTATE BROKERAGE SERVICES (PUBLIC WORKS
37 PROPERTY).
38 Vice Mayor Marciano made a motion to approve item C -Purchase Award-Real Estate
39 Brokerage Services (Public Works Property).
40 Councilmember Woods seconded.
41 Motion passed 4-0.
42 Councilmember Lane returned to the dias.
43 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
44 The City C lerk read Ordinance 20, 2017 by title.
45 a. ORDINANCE 20, 2017 -(lsT READING) AMENDING CHAPTER 62 OF THE LAND
46 DEVELOPMENT REGULATIONS FOR WIRELESS FACILITIES. AN ORDINANCE OF
47 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FL ORIDA,
48 AMENDING CHAPTER 62 OF THE CITY'S CODE OF ORDINANCES TO PROV IDE FOR
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
11-02-17
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I THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS
2 FACILITIES ON EXISTING UTILITY POLES OR THE INSTALLATION OF NEW
3 UTILITY POLES TO SUPPORT THE COLLOCATION OF SMALL WIRELESS FACILITIES
4 OR MICRO WIRELESS FACILITIES IN CITY-OWNED RIGHTS-OF-WAY AND
5 AMENDING THE DEFINITIONS TO BE CONSISTENT WITH SECTION 337.401,
6 FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY
7 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
8 FOR OTHER PURPOSES.
9 Mayor Marino opened the Public Hearing.
IO Petitioner: None.
11 Staff presentation: Planning Manager, Peter Hofheinz.
12 Public comment: None.
13 Mayor Marino closed the Public Hearing.
14 Mayor Marino brought item back for discussion. -Discussion ensued.
15 Councilmember Lane made a motion to approve Ordinance 20, 2017 on I st Reading.
16 Councilmember Litt seconded. ·
17 Motion passed 5-0.
18 The City Clerk read Ordinance 21, 2017 by title.
19 b. ORDINANCE 21, 2017-(lsT READING) AMEND PGA CORRIDOR CHART OF USES.
20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
21 FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-159.
22 PERMITTED USES, MINOR AND MAJOR CONDITIONAL USES, AND PROHIBITED
23 USES. BY AMENDING TABLE 21: PERMITTED, CONDITIONAL, AND PROHIBITED
24 USE CHART, TO ADD ELECTRIC AUTOMOBILE SHOWROOM; FURTHER AMENDING
25 CHAPTER 78. AT SECTION 78-221 PGA BOULEY ARD CORRIDOR OVERLAY BY
26 REPEALING SUBSECTION (d) AND READOPTING SAME, AS REVISED; FURTHER
27 AMENDING CHAPTER 78. AT SECTION 78-751 TO ADOPT NEW DEFINITIONS
28 "ELECTRIC AUTOMOBILE SHOWROOM", "ELECTRIC AUTOMOBILE", AND
29 "HYBRID AUTOMOBILE"; PROVIDING THAT EACH AND EVERY OTHER SECTION
30 AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN
31 FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
32 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
33 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
34 Mayor Marino opened the Public Hearing.
35 Petitioner: Jennifer Morton, J. Morton Planning and Architecture.
36 Staff: Senior Planner, Erin Kelley.
37 Public comment: None.
38 Mayor Marino closed the Public Hearing.
39 Mayor Marino brought item back for discussion. -Discussion ensued.
40 Councilmember Lane made a motion to approve Ordinance 21, 2017 on 1st Reading.
41 Vice Mayor Marciano seconded.
42 Motion passed 5-0.
43 X. RESOLUTIONS
44 None.
45 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
46 Councilmember Lane informed the City Council that former Palm Beach Gardens Mayor David
47 Levy would like to continue to serve on the Loxahatchee River Management Coordinating
48 Council.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
11-02-17
PAGE 3
1 Councilmember Lane made a motion to appoint David Levy to the Loxahatchee River
2 Management Coordinating Council.
3 Councilmember Litt seconded.
4 Motion passed 5-0.
5 Vice Mayor Marciano discussed what has transpired in the past month regarding the Charter
6 Review Committee. Discussion ensued. Mayor Marino provided comments on responses
7 received regarding term limits.
8 XII. CITY ATTORNEY REPORT
9 City Attorney R. Max Lohman requested the City Council give the City Manager settlement
10 authority for a mediation on November 17, 2017 regarding two code enforcement foreclosure
11 liens.
12 Councilmember Lane made a motion to give the City Manager settlement authority for the
13 code enforcement foreclosure liens mediation.
14 Councilmember Litt seconded.
15 Motion passed 5-0.
16
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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XIII. ADJOURNMENT
The meeting adjourned at 9: 10 p.m.
The next regularly scheduled City Council meeting will be held December 7, 20 I 7.
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
Maria G. Marino, Mayor
Mark T . Marciano , Vice Mayor L!~ LJ .LJCX)~
Matthew Jay Lane, Councilmember
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
11-02-17
PAGE s
DATE:
TO:
PALM BEACH GARDENS
·~ unique place to Jive, learn. work & play"
City of Palm Beach Gardens
Office of the City Clerk
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4122 psnider@pbgfl.com
Letter of Transmittal
November 3, 2017
Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 33411
Sent via email: ethics @palmbeachcountyethics.com
I Re: From SB -City Council
~our Records
C As Requested
C For Review and Signature
Signed ~
Patricianider,CMC, City Clerk
D For Recording
D Returned for Corrections
D Other: -------
....... --------------------------------------------------·--· ·-1
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-M1D0l£ NAME NAME CF 00ARD, <Xl.JNCI.., COMMISSOII, AUTl-lORfTY, OR COMMIITEE
La, ,t_ 0\/ j,l CA 'L
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSICN, AUTl-DRfTY OR COMMITTEE ON
3 g O I p ' I\ 13 L V O 'M-ftCH I SERVE IS A u,m-OF :
t-C-ITY---------------CO-UNTY-------~_l!rmY ______ D_COLNTY ______ D_OTI-ER ___ LCX:_AL_A_GEN __ C'f ___ --t
PA Ltti I!, C. Jr"' k C /t-(t.-P 1---r I f---<.. PA LKt I> l11--ot ~~CF ~~~~ &.,..Jl(,Jf CA
DATE ON WHICH VOTE OCCURRED
-a-.-\ 1 MY POSITTCN IS:
(I"" ELECTIVE D 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 advisory 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 close 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 (including 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 1ax <istricis 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-4aw. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a parbler, 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 stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fifing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the rrinutes .
• • • • • • • • • • •
APPOINTED OFFICERS:
Although you must abstain from voting in the situations 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 furm in the minutes. (Continued on other side)
CE FORM 88 -EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the fonn must be provided immedately to the olher members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nattKe 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 responsible 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 publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1,_m_1t_,,_~_,_v __ '-_~_"'_C. ____ ....J hereby disclose that on_t_l /_1--_/ _________ _. 20 /? :
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
L inured to the special gain or loss of my business associale. 1 ~ JI--~ ~
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 subsidary of a principal which has retained me.
(b) The measure before my agency and the nature of my confficting interest in the measure is as follows:
~ <:... fl~~ 8(/.of)~~~lt.."ti,
Date Flied Signature
NOTIC E: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIR ED DISCLOSURE
CONSTIT UTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMP EACHM ENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TY NOT TO EXCEED $10,000.
CE FORM 88 -EFF. 1/2000 PAGE2