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HomeMy WebLinkAboutMinutes Council 0507201 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REG U LAR MEETING 4 May 7, 2020 5 6 The reg ular meeting was called to order at 7:00 p.m. by Mayor Woods . 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Woods, Vice Mayor Marino, Vice Mayor Pro Tern Litt, Councilmember 10 Marciano, Councilmember Reed. (Due to the Coronavirus Pandemic, Vice Mayor Pro Tern Litt 11 attended the meeting remotely via Zoom). 12 ABSENT: None. 13 III. ADDITIONS, DELETIONS, MODIFICATIONS 14 Item X Resoluti ons b. RES OLUTI ON 37 , 2020 -CREATING THE ECONOMIC REC OVERY 15 ACT (ERA ) GRANT FUND IN RESPONSE TO THE COVID-19 PANDEMIC . 16 Vice Mayor Marino made a motion to add Item X b. Resolution 37, 2020. 17 Councilmember Reed seconded . 18 Motion passed 5-0. 19 IV. ANNOU NCEMENTS AND PRESENTATIONS 20 a. FY 201 9 COMPREHENSIVE ANNUAL FI NANCIAL REPORT (CAFR). 21 Finance Administrator, Allan Owens , introduced, CPA, Michael Futterman (attended via Zoom), 22 who presented the City's annual audit reports for the fiscal year ending September 30, 2019. 23 Councilmembers thanked the entire Finance Department for their hard work. 24 Finance Administrator, Allan Owens, recognized Deputy Finance Administrator, Sean O'Brien, 25 for his preparation and coordination of the audit. 26 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 27 Mayor Woods recommended moving Items of Resident Interest and Board/Committee Reports to 28 the end of future City Council agendas, thereby enabling the timely address of the business-at-hand. 29 Councilmembers concurred . 30 City Manager, Ron Ferris, approved the move on future agendas . 31 VI . COMMENTS FROM THE PUBLIC 32 Ed Dolezal , 4905 Midtown Lane, #2410 Palm Beach Gardens, FL 33418. 33 VII. CITY MANAGER REPORT 34 City Manager, Ron Ferris , gave an update on the status of the City and its operations during -the 35 COVID -19 Pandemic. Staff continues to deliver ongoing services and provide public safety daily. 36 City construction projects are continuing. Parks are open with certain restraints and safeguards . Golf 37 courses, the lap pool , tennis courts and pickleball are open. Building permits and certificates of 38 occupancy are being issued. The Planning, Zoning and Appeals Board is sche duled to meet on May 39 19th via Zoom. Police and Fire Departments are operating at a one hundred percent staff level. Social 40 distancing compliance verifications for businesses reopening in Phase One will occur. The Gardens 41 2 Go Drive-thru Market began on May 3rd • The Feeding South Florida Food Distribution event was 42 held on May 5th at Christ Fellowship Church. City employees and elected officials assisted in this 43 outstanding event. Another food distribution event will be held there on May 12th • Staff is busy 44 preparing budget proposals for the City's next fiscal year. During the first week of June, a new and 45 informative Hurricane Guide will be published and mailed to all City residents. In addition, staff is 46 reviewing the City 's contingency plans in advance of any major storm. 47 CITY OF PALM BEACH GA RD ENS REGULAR COUNC IL M EETI NG 05-07-2020 PAGE 1 1 CITY MANAGER REPORT CONTINUED 2 City Manager, Ron Ferris, continued with the agenda addition, Resolution 37 , 2020 -Economic 3 Recovery Act during the City Manager Report. The Small Business Gardens Relief Fund was 4 developed in collaboration and cooperation with both the PGA Corridor Association and the Palm 5 Beach North Chamber of Commerce to help revitalize small businesses in the City impacted by 6 COVID-19. Gave recognition to Noel Martinez, President and CEO of Palm Beach North Chamber 7 of Commerce, Dana Middleton, Chair of the PGA Corridor Association, Joey Eichner, Vice Chair 8 and Treasurer of the PGA Corridor Association, Keith Douglass, Board of Directors Executive 9 Committee of Palm Beach North Chamber of Commerce, David Markarian, Board of Directors 10 Executive Committee of Palm Beach North Chamber of Commerce, and Jon Channing, PGA 11 Corridor Board Member for their collaborative support of this initiative. The Small Business Relief 12 Fund will provide 50 businesses, those having no more than 25 employees, a one-time grant of 13 $20,000. Qualification instructions will be provided online. An application link will be available 14 from May 18 th at 8:00 a.m. through May 25 th at 5:00 p.m. on a first-come first-serve basis. $1 million 15 will be set aside for this project. The second part of Resolution 3 7 , 2020 is the Unemployed Resident 16 Relief Fund which will provide a one-time Publix gift card of $250 dollars to offset living costs to 17 the unemployed due to the COVID-19 Pandemic. Residents must arrive for an appointment card on 18 May 18 th at 9:00 a.m. at Gardens North County District Park and then come back at their designated 19 time with their residency and unemployment documentation to qualify. 20 The Economic Development Fund currently has $2 .3 million in the budget. Resolution 37 , 2020 is 21 requesting $1 million for the Small Business Relief Fund and $300,000 for the Unemployment 22 Resident Relief Fund. Thanked R. Max Lohman, City Attorney , Stephen Stepp, Deputy City 23 Manager, Allan Owens, Finance Administrator, Km! Ra, Purchasing and Contracts Director, John 24 Boehm, Assistant to the City Manager, Janice Massie, Executive Assistant to the City Manager, 25 Jamie Voss, Administrative Services Manager, and Barbara Chabre, Executive Legal Assistant, for 26 all their support and hard work in putting this together. 27 Public Media Relations Manager, Candice Temple , (attended via Zoom) explained the aggressive 28 marketing campaign that will begin following the adoption of Resolution 37, 2020. 29 Mayor Woods asked Councilmembers to move up the vote of Resolution 37, 2020. 30 All Councilmembers concurred. 31 The City Clerk read Re solution 3 7 , 2020 by title. 32 RESOLUTION 37 , 2020 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 33 BEACH GARDENS, FLORIDA, CREATING THE ECONOMIC RECOVERY ACT (ERA) GRANT 34 FUND IN RESPONSE TO THE ECONOMIC AND PERSONAL HARDSHIPS ENDURED BY THE 35 BUSINESSES AND RESIDENTS OF THE CITY OF PALM BEACH GARDENS DUE TO THE 36 COVID-19 PANDEMIC; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 37 Vice Mayor Marino made a motion to approve Resolution 37, 2020. 38 Councilmember Marciano seconded. 39 Mayor Woods brought the item back for discussion. Discussion ensued. 40 Motion passed 5-0. 41 VIII. CONSENT AGENDA 42 Vice Mayor Pro Tern Litt requested Item J Resolution 31 , 2020 be pulled from the Consent 43 Agenda. 44 Vice Mayor Marino requested Item S Proclamation -Municipal Clerks Week be pulled from the 45 Consent Agenda. 46 a. APPROVE MINUTES FROM THE APRIL 2, 2020 CITY COUNCIL MEETING . 47 b. PURCHASE AWARD -ANNUAL ASPHALT MILLING AND RESURFACING (2020). 48 c. PURCHASE AWARD -ITB2020-121CS , RENOVATION OF FIRE STATION NO . 1. 49 d. PURCHASE AWARD-ITB2020-1 18FT, CONSTRUCTION OF FUEL STATIONS. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-07-2020 PAGE 2 1 e. PURCHASE AWARD-EOC ROOF RESTORATION PROJECT. 2 f . PURCHASE AWARD -LEASE OF MULTIFUNCTION COPIERS AND PRINTERS. 3 g. PURCHASE AWARD -RFP2020-057HR , ANCILLARY HEAL TH BENEFIT PLANS -DENTAL 4 INSURANCE AND EMPLOYEE ASSISTANCE PROGRAM . 5 h. RESOLUTION 27 , 2020 -PLAT 19-07-000100 -COSTCO PLANNED UNIT DEVELOPMENT 6 PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 7 FLORIDA, APPROVING THE PLAT FOR COSTCO WHOLESALE CLUB PLANNED UNIT 8 DEVELOPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . 9 i. RESOLUTION 28, 2020 -DOWNTOWN PALM BEACH GARDENS ADDITIONAL SPECIAL 10 EVENTS . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 11 GARDENS , FLORIDA, APPROVING ADDITIONAL SPEC IAL EVENTS FOR DOWNTOWN 12 PALM BEACH GARDENS , LOCATED ON THE EAST SIDE OF ALTERNATE A1A BETWEEN 13 KYOTO GARDENS DRIVE AND GARDENS PARKWAY, AS MORE PARTICULARLY 14 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 15 EFFECTIVE DATE; AND FOR OTHER PURPOSES . 16 k. PROCLAMATION -BETTER HEARING MONTH . 17 I. PROCLAMATION -CIVILITY MONTH . 18 m. PROCLAMATION -CODE ENFORCEMENT OFFICERS ' APPRECIATION WEEK. 19 n. PROCLAMATION -DROWNING PREVENTION AWARENESS MONTH . 20 o. PROCLAMATION-EMERGENCY MEDICAL SERVICES WEEK. 21 p. PROCLAMATION -GUARDIAN AD LITEM MONTH. 22 q. PROCLAMATION-KIDS TO PARKS DAY. 23 r. PROCLAMATION -MENTAL HEALTH A WARENESS AND TRAUMA INFORMED CARE 24 MONTH. 25 t. PROCLAMATION-NATIONAL GUN VIOLENCE AWARENESS DAY. 26 u. PROCLAMATION -NATIONAL MISSING CHILDREN'S DAY. 27 v. PROCLAMATION -NATIONAL POLICE WEEK. 28 w. PROCLAMATION -NATIONAL PUBLIC WORKS WEEK. 29 x. PROCLAMATION-NATIONAL SAFE BOATING WEEK. 30 y. PROCLAMATION -TRAUMA AWARENESS MONTH . 31 z. PROCLAMATION -WATER REUSE WEEK. 32 Vice Mayor Pro Tern Litt made a motion for approval of the Consent Agenda without Items J and S. 33 Councilmember Reed seconded. 34 Motion passed 5-0. 3 5 The C ity Clerk read Item J Resolution 31 , 2020 by title. 36 j . RESOLUTION 31 , 2020 -AMENDING PROCEDURES FOR QUASI-JUDICIAL HEARINGS. A 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , 38 FLORIDA, AMENDING THE PROCEDURES FOR QUASI-JUDICIAL HEARINGS AND EX 39 PARTE DISCLOSURES ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . 40 Vice Mayor Pro Tern Litt voiced her disapproval of Resolution 31 , 2020 as written. Declared it 41 was in violation of Florida Statute 2019 Chapter 286.0115 . 42 Mayor Woods brought Resolution 31 , 2020 back for discussion. Discussion ensued. 43 City Attorney, R. Max Lohman, clarified that it does not violate state law Section 286 .0115. Part 44 B is already in existence and language is being updated. Part A 1 and 2 is an informal policy of 45 previous Councils which protects Councilmembers by having staff present for impending 46 applications, stopping any conceivable accusations. 47 City Manager, Ron Ferris , explained that Resolution 31 , 2020 provides government transparency 48 to the public. 49 Councilmember Marciano made a motion to approve an amended Resolution 31 , 2020 removing 50 Part A Pre-Hearing Procedures, numbers 1 and 2 and adopt Part B Hearing Procedures. 51 Vice Mayor Pro Tern Litt seconded the amended Resolution 31 , 2020. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-07-2 020 PAGE 3 1 Motion passed 3-2. 2 Mayor Woods and Vice Mayor Marino voted ag ai ns t. 3 s . PROCLAMATION -MUNICIPAL CLERKS WEEK . 4 Vice Mayor Marino read Proclamation -Municipa l Clerks Week and tha nked City Clerk, Patric ia 5 Snider, for her outstanding servic e to the City. 6 Councilmember Reed made a moti on for approval of Item S -Proclamation -Municipal Clerks 7 Week. 8 Mayor Woods seconded. 9 Motion passed 5-0. 10 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing} 11 The City Clerk read Ordinance 4, 2020 by title. 12 a. ORDINANCE 4, 2020 -(2ND READING AND ADOPTION) LAND DEVELOPMENT 13 REGULATION AMENDMENT TO AMEND THE REVIEW TIMELINES FOR DEVELOPMENT 14 ORDERS TO BE CONSISTENT WITH STATE STATUTES . AN ORDINANCE OF THE CITY 15 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AMENDING CHAPTER 16 78 . LAND DEVELOPMENT AT SECTION 78-43 . -REVIEW OF APPLICATIONS FOR 17 DEVELOPMENT ORDER APPROVAL. IN ORDER TO ADD REFERENCES TO STATE 18 STATUTES ; AND BY REPEALING TABLE 2: DEVELOPMENT REVIEW SCHEDULE AND 19 READOPTING SAME , AS REVISED , TO AMEND REVIEW TIMEFRAMES ; AND ADOPTING 20 NEW SUBSECTION (k); FURTHER AMENDING CHAPTER 78. AT SECTION 78-46. - 21 APPLICATION PROCEDURES . BY REPEALING SUBSECTIONS (c) and (e) AND 22 READOPTING SAME , AS REVISED TO AMEND REVIEW TIMEFRAME FOR 23 COMPLETENESS REVIEW AND TO REVISE AND CLARIFY CERTAIN APPLICATION 24 REQUIREMENTS, RESPECTIVELY; FURTHER AMENDING CHAPTER 78. BY REPEALING 25 SECTION 78-81 . -SUFFICIENCY REVIEW. AND READOPTING SAME , AS REVISED , TO 26 AMEND REVIEW TIMEFRAME FOR SUFFICIENCY REVIEW; FURTHER AMENDING 27 CHAPTER 78. AT SECTION 78 -444 . SUBDIVISION PLAN REVIEW AND APPROVAL 28 PROCESS . BY REPEALING TABLE 39 : DEVELOPMENT REVIEW SCHEDULE AND 29 READOPTING SAME , AS REVISED , TO AMEND THE REVIEW TIMEFRAMES FOR 30 COMPLETENESS REVIEW; PROVIDING THA T EACH AND EVERY OTHER SECTION AND 31 SUBSECTION OF CHAPTER 78 . SHALL REMAIN IN FULL FORCE AND EFFECT AS 32 PREVIOUSLY ADOPTED ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY 33 CLAUSE , AND AUTHORITY TO CODI FY; PROVIDING AN EFFECTIVE DATE ; AND FOR 34 OTHER PURPOSES . 35 Petitioner presentation: None. 36 Staff presentation: None. No change s since 1st reading on April 2, 2020. 37 Staff recommended approval of Ordinan ce 4, 2020 on 2nd readin g and adoption . 38 Public comment: N one. 39 Mayor Woods closed the Public Hearing. 40 Mayor Woods brought the item back for d iscu ss ion . No dis cuss ion. 41 Councilmember Marciano made a m otion to appro ve Or dinance 4, 2020 on 2nd readin g and adoption. 42 Vice Mayor Pro Tern Litt se conded . 43 Moti on passed 5-0. 44 X. RESOLUTIONS 45 The City Clerk read Re solution 17, 2020 by title. 46 a. RESOLUTION 17, 2020 -APPOINTMENT OF REGULAR MEMBERS TO THE BUDGET 47 OVERSIGHT REVIEW BOARD . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 48 PALM BEACH GARDENS , FLORIDA , APPROVING THE APPOINTMENT OF REGULAR 49 MEMBERS TO THE BUDGET OVERSIGHT REVIEW BOARD ; PROVIDING AN EFFECTIVE 50 DA TE; AND FOR OTHER PURPOSES . CITY OF PAL M BEACH GARDENS REGULAR COUNC IL MEETING 05-07-20 20 PA GE 4 1 Petitioner presentation: None. 2 Staff presentation: None . Finance A dministrator, A llan Owen s , recommended the reappointment 3 of all five current Bud get Oversight Review Board members . 4 Publ ic comment: None. 5 Mayor Woods brought the item back for discussion. No discussion. 6 Vice Mayor Marino made a motion to approve Resolution 17 , 2020 with the reappointment of all 7 five regular Budget Oversight Review Board members, Andrew Comiter, Dennis Beran, Mark 8 Fel dmesser, David Middleton and Mark Schulte with a term expiring May 6, 2023 . 9 Vice Mayor Pro Tern Litt seconded. 10 Motion passed 5-0. 11 XI. IT E MS FOR COUN CIL ACTION/DISCUSSION 12 Vice Mayor Pro Tern Litt recognized Proclamat ion -Emergency Medical Services Week , Item 0 13 on the Consent Agenda, and Proclamation -National Po lice Week , Item Von the Consent Agenda. 14 Thanked all first responders for their outstanding and committed service during the Coronavirus 15 Pandemic. 16 Vice Mayor Marino conveyed that two bond issues of $300 million were defeated on April 14th at 17 the Palm Beach County Commissioners meeting and will not be on the November ballot. 18 Councilmember Reed thanked City staff and Christ Fellowship Church for their service to the 19 community during the Feeding South Florida Food Distri bution event on May 5, 2020. 20 Vice Mayor Marino reported the Council got together to create an Earth Day video in association 21 with Palm Beach North Chamber of Commerce. The Council also drove by in their cars to visit, 22 honor and help ce lebrate the 95 th birthday of a World War II veteran, Ken Steele. 23 XII. CITY ATTORNEY REPORT 24 City Attorney, R. Max Lohman provided the status of two pending litigation matters, noting the 25 COVI D-19 Pandem ic has slowed the progression. Still laboring is the Rustic Lakes annexation. 26 In the City of Palm Beach Gardens vs. Transform (formally Sears) and the Forbes vs . Transform 27 cases, the City's declaratory action (severing the cases and consolidating the identical claims) was 28 denied. Several motions are still pending. Any questions raised by Councilmembers will be 29 discu ssed individually . 30 CITY OF PALM BEACH GA RDENS REGULAR COUNC IL M EET ING 05-0 7-2 0 20 PAGE 5 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 XIII. ADJO URN MENT The meeting adjourned at 8:55 p.m. The next regularly scheduled City Council meeting will be held on June 4, 2020. AP P R O VE D: & u Ucrc:l Carl W. Woods,Mayor Rachelle A. Litt, Vice Mayor Pro Tern ~~- Mark T. Marciano, Councilmember Chelse~~mber 31 -.-. .. . - 32 ATTEST: 33 34 35 36 37 38 39 40 41 42 43 44 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 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 05-07-2020 PAGE 6