HomeMy WebLinkAboutMinutes Council 0109201 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 January 9, 2020
5
6 The regular meeting was called to order at 7:00 p.m. by Mayor Marciano.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Marciano, Vice Mayor Litt, Councilmember Marino, Councilmember Woods,
10 Councilmember Lane.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. LEAGUE OF WOMEN VOTER'S COMMITTEE REGARDING THE CENSUS IN PALM
16 BEACH COUNTY.
17 Rich Bartholomew, Chair of the League of Women Voter's Committee, presented.
18 b. HONDA CLASSIC COMMUNITY IMPACT PRESENTATION.
19 Leisure Services Administrator, Charlotte Presenky, introduced Ken Kennerly, Executive
20 Director, and Andrew George, Tournament Director, of the Honda Classic.
21 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
22 Mayor Marciano announced upcoming events including the 5K run and Public Safety Day on
23 January 11 th at Gardens District Park, the 18th Anniversary of the Green Market on Sunday,
24 January 12th and on January 25 th the Motowners concert will be happening at Veterans Plaza.
25 Vice Mayor Rachelle Litt: Wished a happy and healthy New Year to fellow councilmembers,
26 residents and staff. Attended the Jewish Women's Foundation Woman of the Year luncheon
27 honoring Suzanne Holmes, the joint Economic Development Government Affairs Committee
28 meeting of the Palm Beach North Chamber and the Leadership Palm Beach County holiday
29 breakfast. Chaired the Palm Beach North Chamber Sustainability Subcommittee meeting.
30 Attended the Palm Beach North Chamber breakfast before hours meeting, the Jewish Community
31 Relations Anti-Semitism Task Force meeting, the Jackson Hewitt Tax Service ribbon cutting and
32 the Forum Club meeting with Axios at the Kravis Center. Attended the PGA Corridor Association
33 breakfast featuring the 2020 Economic Forecast with Dr. Henry Fishkind and presented a State of
34 the City update at the Palm Beach Historical Society meeting.
35 Councilmember Matthew Lane: Extended appreciation to Deputy City Manager, Stephen Stepp,
36 for his excellent service in resolving issues promptly and efficiently. Attended the Holiday Bazaar
37 at Burns Road Community Center, the Police Benevolent Association (PBA) holiday luncheon,
38 the Lakeside Senior Club holiday luncheon, the PGA Corridor Association breakfast, the Palm
39 Beach North Chamber breakfast and the State of the City presentation at the Palm Beach Historical
40 Society. Served breakfast to the staff at the Jingle & Mingle holiday breakfast and participated
41. with holiday gift wrapping with other councilmembers. Attended the Hanukkah lighting
42 celebration and received hands-on training from Palm Beach Gardens firefighters.
43 Councilmember Maria Marino: Attended the Palm Beach County League of Cities 50th
44 Anniversary BBQ, the Palm Beach Gardens Tree Lighting ceremony and the Palm Beach Gardens
45 Holiday Bazaar. Served as a judge for the Marine Industries Association 25 th Annual Palm Beach
46 Holiday Boat Parade. Attended the County Road Program meeting with staff, the Palm Beach
4 7 Gardens Lakeside Senior Club holiday luncheon, the Transportation Agency Governing Board
48 meeting, the Palm Beach North Chamber Business before hours with Wendy Link and the
49 Leadership Palm Beach County holiday breakfast. Toured the Avenir site. Participated with other
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
01-09-2020
PAGE 1
1 councilmembers in holiday gift wrapping and served breakfast to the staff at the Jingle & Mingle
2 holiday event. Participated in the Jackson Hewitt Tax Service ribbon cutting, the North Palm
3 Beach County Club ribbon cutting and the Hanukkah lighting at the Chabad. Attended the Forum
4 Club meeting with the founders of Axios. Met with Sharon Bock, the County Clerk and attended
5 the PGA Corridor Association Annual Economic Forecast breakfast. Announced future events to
6 support including Heroes vs Hotshots Kickball Tournament on Saturday, January 18th from 4pm
7 -8pm at Roger Dean Stadiwn and the South Florida Fair.
8 Councilmember Carl Woods: Attended many homeowners association meetings in the
9 community and attended other constituent meetings. Highlighted the upcoming Honda Classic
10 event at PGA National Resort.
11 Mayor Mark Marciano: Attended the annual Palm Beach Gardens tree lighting ceremony, the
12 Healthcare District Finance meeting, the Lakeside Senior Club holiday luncheon and had a
13 mobility discussion with the joint Palm Beach North Chamber Government Affairs and Economic
14 Development Committee. Drove along with the Palm Beach Gardens Fire Re scue team. Toured
15 the A venir development. Participated in gift wrapping with the City Council and served breakfast
16 to the City staff at the Jingle & Mingle event. Attended the Hanukkah lighting at the Chabad of
17 Palm Beach Gardens. Attended the Palm Beach North Chamber breakfast, the Intergovernmental
18 Agency League of Cities meeting and the PGA Corridor Association Economic Forecast breakfast.
19 Visited the North Palm Clubhouse and the Weiss School and Meyer Preparatory School addressing
20 interests of the students.
21 VI. COMMENTS FROM THE PUBLIC
22 Ed Dolezal, 4905 Midtown Lane, #2410 Palm Beach Gardens, FL 33418; Alan Goldberg,
23 Sheryl Wysockey, 3960 Northlake Boulevard, Palm Beach Gardens, FL 33403.
24 VII. CITY MANAGER REPORT
25 None.
26 VIII. CONSENT AGENDA
27 Mayor Marciano requested Item C and Item K be pulled from the Consent Agenda.
28 a. APPROVE MINUTES FROM THE DECEMBER 5, 2019 CITY COUNCIL MEETING.
29 b. PURCHASE AWARD -ITB2019-114CS -RENTAL OF MISCELLANEOUS INDUSTRIAL
30 AND COMMERCIAL EQUIPMENT.
31 d. PURCHASE AWARD-BUNKER GEAR (2020) FOR FIRE RESCUE DEPARTMENT.
32 e. PURCHASE AWARD -REPLACEMENT IRRIGATION PUMP STATION FOR GOLF
33 COURSE.
34 f. PURCHASE AWARD -PAVING OF MUNICIPAL COMPLEX ROADWAYS AND PARKING
35 AREAS .
36 g. PURCHASE AWARD -FENCING FOR GARDENS PARK BASEBALL EXPANSION.
37 h. CHANGE ORDER TO AGREEMENT NO. A2019-178PS, PAVING OF PUBLIC SERVICES
38 OPERATIONS CENTER
39 i. RESOLUTION 3, 2020-CHILDREN 'S HEALTHCARE CHARITIES. A RESOLUTION OF THE
40 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AWARDING A
41 PUBLIC SAFETY GRANT FOR POLICE AND FIRE PERSONNEL TO THE CHILDREN 'S
42 HEALTHCARE CHARITY, INC. FOR THE 2020 HONDA CLASSIC PGA GOLF
43 TOURNAMENT AND TO APPROVE A LEASE USE AGREEMENT TO USE THE MIRASOL
44 AND PGA NATIONAL PARKS FOR VARIOUS PARKING FACILITIES AND GENERAL
45 OPERATIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
46 j. RESOLUTION 9, 2020 -"PROJECT GREENACRES" ECONOMIC DEVELOPMENT
47 INCENTIVES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
48 GARDENS, FLORIDA, PROVIDING CONCEPTUAL APPROVAL FOR "PROJECT
49 GREENACRES" ECONOMIC DEVELOPMENT INCENTIVES FROM THE CITY; PROVIDING
50 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
51 I. PROCLAMATION-ARBOR DAY.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEE TING
0 1-09-2020
PAGE 2
1 m. PROCLAMATION -NATIONAL SCHOOL CHOICE WEEK.
2 n. PROCLAMATION -PUBLIC SAFETY DAY.
3 Councilmember Marino made a motion for approval of the Consent Agenda without Item C and
4 ItemK.
5 Councilmember Woods seconded.
6 Motion passed 5-0.
7 c. PURCHASE AWARD -TRAFFIC SIGNALS FOR NORTHLAKE-ANCIENT TREE-BAY HILL
8 INTERSECTION.
9 Petitioner presentation: None.
10 Staff presentation: Purchasing and Contracts Director, Km! Ra; City Engineer, Todd Engle.
11 Staff recommended approval of Purchase Award -Traffic Signals for Northlake-Ancient Tree-
12 Bay Hill Intersection.
13 Mayor Marciano brought the item back for discussion. Discussion ensued.
14 Councilmember Lane made a motion to approve Item C Purchase Award -Traffic Signals for
15 Northlake-Ancient Tree-Bay Hill Intersection.
16 Vice Mayor Litt seconded.
17 Motion passed 5-0.
18 The City Clerk read Item K Resolution 10, 2020 by title.
19 k. RESOLUTION 10, 2020 -SUPPORT OF SENATE BILL 182 AND HOME RULE. A
20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA,
21 STRONGLY ENCOURAGING THE STATE LEGISLATURE TO APPROVE SENATE BILL 182,
22 AND ANY COMPANION HOUSE BILLS RELATING TO THE PREEMPTION OF RECYCLABLE
23 AND POLYSTYRENE MATERIALS BY AMENDING SECTION 403.7033 AND SECTION 500.90 ,
24 FLORIDA STATUTES, REPEALING THE PREEMPTION OF LOCAL LAWS REGARDING THE
25 USE OR SALE OF SINGLE-USE PLASTIC BAGS AND POLYSTYRENE MATERIALS;
26 FURTHER ENCOURAGING REVEALER OF SUCH PREEMPTION AS AFFIRMATION AND
27 SUPPORT OF MUNICIPAL HOME RULE ; PROVIDING AN EFFECTIVE DATE; AND FOR
28 OTHER PURPOSES.
29 Mayor Marciano brought the item back for discussion. Discussion ensued.
30 Councilmember Marino made a motion to approve Item K Resolution 10, 2020.
31 Vice Mayor Litt seconded.
32 Motion passed 5-0.
33 IX. PUBLIC HEARINGS: {*Designates Quasi-Judicial Hearing)
34 Those preparing to give testimony were sworn in.
35 The City Clerk read Ordinance 1, 2020 by title.
36 a. ORDINANCE 1, 2020 -(1 5T READING) BUDGET AMENDMENT. AN ORDINANCE OF THE
37 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AMENDING THE
38 CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING
39 OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020 , INCLUSIVE ; PROVIDING A
40 CONFLICTS CLAUSE , A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
41 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
42 Petitioner presentation: None .
43 Staff presentation: Finance Administrator, Allan Owens.
44 Staff recommended approval of Ordinance 1, 2020 on 1st reading.
45 Public comment: None.
46 Mayor Marciano closed the Public Hearing.
4 7 Mayor Marciano brought the item back for discussion. Discussion ensued.
48 Councilmem her Marino made a motion to approve Ordinance 1, 2020 on 1st reading.
49 Vice Mayor Litt seconded.
50 Motion passed 5-0.
51 The City Clerk read Ordinance 2, 2020 by title.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
01-09-2 020
PAGE 3
1 b. ORDINANCE 2, 2020 -(1 8r READING) CITY INITIATED COMPREHENSIVE PLAN
2 AMENDMENTS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
3 GARDENS, FLORIDA AMENDING ITS COMPREHENSIVE LAND USE PLAN IN
4 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA
5 STATUTES, SPECIFICALLY SECTION 163.3177 AND SECTION 163.3184, ET SEQ.,
6 PURSUANT TO APPLICATION NO. CPTA-19-08-000034, WHICH PROVIDES FOR
7 AMENDMENTS TO THE FUTURE LAND USE ELEMENT, TRANSPORTATION ELEMENT,
8 INFRASTRUCTURE ELEMENT, INTERGOVERNMENTAL COORDINATION
9 ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, AND PUBLIC SCHOOL FACILITIES
10 ELEMENT TO REFLECT AMENDMENTS TO THE PALM BEACH COUNTY SCHOOL
11 BOARD INTERLOCAL AGREEMENT; ADD A NEW VISION-ZERO POLICY; UPDATE THE
12 5-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS; UPDATE MAP A.4-POTENTIAL
13 FUTURE ANNEXATION TO UPDATE THE CURRENT MUNICIPAL BOUNDARY; AND
14 UPDATE THE CITY'S 10-YEAR WATER SUPPLY FACILITIES WORK PLAN; PROVIDING
15 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
16 (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
17 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND OTHER PURPOSES.
18 Petitioner presentation: None.
19 Staff presentation: Senior Planner, Dawn Sonneborn.
20 Staff recommended approval of Ordinance 2, 2020 on 1st reading.
2 1 Public comment: None.
22 Mayor Marciano closed the Public Hearing.
23 Mayor Marciano brought the item back for discussion. Discussion ensued.
24 Councilmember Marino made a motion to approve Ordinance 2, 2020 on 1st reading.
25 Vice Mayor Litt seconded.
26 Motion passed 5-0.
27 The City Clerk read Resolution 4, 2020 by title.
28 c. *RESOLUTION 4, 2020 -AVENIR PLANNED COMMUNITY DEVELOPMENT
29 AMENDMENT . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
30 GARDENS, FLORIDA, APPROVING A PLANNED COMMUNITY DEVELOPMENT (PCD)
31 AMENDMENT TO THE AVENIR PCD MASTER PLAN TO RELOCATE 100,000 SQUARE
32 FEET OF MEDICAL OFFICE SQUARE FOOTAGE FROM PARCEL C -
33 WORKPLACE/ECONOMIC DEVELOPMENT TO PARCEL D -WORKPLACE; RELOCATE
34 155,000 SQUARE FEET OF COMMERCIAL RETAIL SQUARE FOOTAGE FROM PARCEL
35 B -TOWN CENTER TO PARCEL D -WORKPLACE; MODIFY AN APPROVED PARCEL D
36 -WORKPLACE DRIVEWAY LOCATION; AMEND THE AVENIR DEVELOPMENT
37 STANDARDS TO MODIFY THE LIST OF PERMITTED USES TO INCLUDE EMERGENCY
38 HEAL TH CARE/DEPARTMENT, AND RECREATION, PRIVATE OUTDOOR; THE AVENIR
39 PCD IS GENERALLY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD,
40 EAST OF GRAPEVIEW BOULEVARD, WEST OF BAY HILL DRIVE, AND SOUTH OF
41 BEELINE HIGHWAY; PROVING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Marciano opened the Public Hearing.
43 Mayor Marciano asked for any ex-parte.
44 Councilmember Lane spoke with the Avenir petitioners. Councilmember Marino and Mayor
45 Marciano drove through the A venir development.
46 Petitioner presentation: Ken Tuma, Urban Design Kilday Studios.
4 7 Staff presentation: None.
48 Staff recommended approval of Resolution 4, 2020.
49 Public comment: None.
50 Mayor Marciano closed the Public Hearing.
51 Mayor Marciano brought the item back for discussion. Discussion ensued.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
01-09-2020
PAGE 4
1 Councilmember Lane made a motion to approve Resolution 4, 2020.
2 Councilmember Woods seconded.
3 Motion passed 5-0.
4 The City Clerk read Resolution 8, 2020 by title.
5 d. RESOLU T ION 8, 2020 -AMEND ING RESO LUTION 68, 2003 TO STRIKE COND ITI ON OF
6 APPROVAL NUMBER 8 TO ALLOW A FUTURE GROUND FLOOR TENANT SIGN AT
7 PARCEL 27.04 WITHIN THE REGIONA L CENTER PCD. A RESO LUTION OF THE CITY
8 COUNCI L OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AMEND ING
9 RESOLUTION 68, 2003 TO STRIKE CONDITION OF APPROVAL NUMBER 8 TO AL LOW
10 A FUTURE GROUND-FLOOR TENANT SIGN FOR PARC EL 27.04 WITHIN THE REGIONA L
11 CENTER PLANNED COMMUNITY DEVELOPMENT (PCD ), WHICH IS LOCATED ON THE
12 NORTHEAST CORNER OF PGA BOUL EVARD AND KEW GARDENS AV ENU E, AS MORE
13 PARTICULAR LY DESCRIBED HERE IN; PROVIDI NG A CONDITION OF APPROVAL;
14 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
15 Petitioner presentation: George Miss imer, Cotleur & Hearing.
16 Staff presentation: None.
17 Staff recommended approval of Resolution 8, 2020.
18 Public comment: None.
19 Mayor Marciano closed the Public Hearing.
20 Mayor Marciano brought the item back for discussion. Discussion ensued.
21 Councilmember Lane made a motion to approve Resolution 8, 2020.
22 Councilmember Marino seconded.
23 Motion passed 5-0.
24 X. RESOLUTIONS
25 None.
26 XI. ITEMS FOR CO UNCIL ACTION/DI SCU SSION
27 Councilmember Marino thanked Palm Beach State College students for attending.
28 Councilmember Marino requested a motion to be appointed as the City's elected official at the
29 Loxahatchee River Management Coordinating Council meetings.
30 Mayor Marciano nominated Vice Mayor Litt to be an alternate representative.
31 Councilmember Woods made a motion to appoint Councilmember Marino as the City's elected
32 official for the Loxahatchee River Management Coordinating Council meetings and Vic e Mayor
33 Litt as the alternate representative.
34 Councilmember Lane seconded.
35 Motion passed 5-0.
36 Vice Mayor Litt announced the 2020 Komen Race for the Cure event happening in West Palm
37 Beach on Saturday, January 25, 2020.
38 XII. CITY ATTORNEY REPORT
39 The City received a letter from Transform Operating Stores, LLC doing business as Sears &
40 Roebuck demanding the process of an application for amendments to the Palm Beach Gardens
41 Mall PUD. Forbes Cohen had already sued them to determine whether Transform Operating
42 Stores had the rights to submit the application. After consulting with the City Manager, the
43 Assistant City Attorney and speaking with councilmembers individually, the City filed a lawsuit
44 against both entities, Transform Operating Stores and Forbes Cohen, to determine whether the City
45 had to process the application. This action would keep the City out of their lawsuit dispute. City
46 Attorney, R. Max Lohman, requested a motion for the ratification of this filing.
47 Councilmember Marino made a motion to support the City Attorney's request.
48 Vice Mayor Litt seconded.
49 Motion passed 5-0.
50
CITY OF PALM BEACH GA RDE NS REGULAR COUNCIL MEET I NG
01 -09 -20 20
PAGE 5
XIII. ADJ OURNMENT
The meeting adjourned at 8:41 p.m.
1
2
3
4
5
6
The next regularly scheduled City Council meeting will be held on February 6, 2020.
APP RO VE D:
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 ATTEST:°'·
'l-3 -~ .:, . 'T•· ~.
H '''.i¼?MV
37 Patricia Snider, CMC
38 . City Clerk
39
40
41
Mark T. Marciano, Mayor
Rachelle A. Litt, Vice Mayor
A~Jb.fa~
M~ Marino, Councilmember
·< lmJ u
Carl W. Woods, Councilmember
Matthew Jay Lane, Councilmember
42
43
44
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 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
01-09-2020
PAGE 6