HomeMy WebLinkAboutMinutes Council 0506211 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 May 6, 2021
5
6 The regular meeting was called to order at 6:00 p.m. by Mayor Litt.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Litt, Vice Mayor Reed, Councilmember Woods, Councilmember Marciano,
10 Councilmember Tinsley.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. FY 2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT.
16 Finance Administrator, Allan Owens presented the FY 2020 Comprehensive Annual Financial
17 Report which was sent directly to Councilmembers by the City's auditors, Marcum LLP. He
18 thanked Deputy Finance Administrator, Sean O'Brien for his work and coordination. Tammy
19 Goldstrich, Director of Assurance from Marcum LLP, was introduced who presented an overview
20 of the report.
21 b. BAYHILL TRAFFIC SIGNAL UPDATE.
22 City Manager, Ron Ferris reported the City held a community meeting with Osprey Isles,
23 Carleton Oaks, Bay Hill, Ancient Tree and Ibis on Monday , May 3, 2021 to discuss progress made
24 in warranting a traffic signal on Northlake Boulevard at the intersection of Bayhill Drive and
25 Sandhill Crane Drive. The City has been very concerned about the safety of residents and all who
26 travel on Northlake.
27 Director of Planning & Zoning, Natalie Crowley introduced the presentation and recognized
28 Andrea Troutman, President of Pinder Troutman Consulting, who has been working to obtain
29 the necessary County permits for installation. The City has fully funded the traffic signal and in
30 2016, Palm Beach County provided written confirmation that the City of Palm Beach Gardens has
31 authority to warrant the signal.
32 City Engineer, Todd Engle presented the necessity of the traffic signal detailing increased traffic
33 volumes, excessive delays, movement conflicts, the City's traffic enforcement authority and traffic
34 control jurisdiction. Safety concerns include excessive speed, gaps, unsafe and multiple driveway
35 entrances, the addition of turn lanes and increased development. On August 14, 2020, the City
36 received the underground permit. On January 27, 2021 , technical requirements for -the above
37 ground permit were met. The signal warrant based on traffic volumes is in full compliance with
38 the Manual of Uniform Traffic Control Devices and was prepared by a licensed professional traffic
39 engineer. However, Palm Beach County is not accepting the signal warrant and is obstructing
40 construction.
41 V. COMMENTS FROM THE PUBLIC
42 Andres Torrens, 122 Casa Grande Court, Palm Beach Gardens, FL 33418; Corey Brooks, 13601
43 N. Military Trail, Palm Beach Gardens, FL 33418; MacKinley Rolle, 165 Cypress Point Avenue,
44 Palm Beach Gardens, FL 33418; Lisa Wade, 1127 Vitner Blvd., Palm Beach Gardens, FL 33410;
45 Matthew R. Kamula, 9678 Osprey Isles Blvd., Palm Beach Gardens, FL 33412.
46 Mayor Litt recessed the meeting at 6:44 p.m. for technical difficulties.
47 Mayor Litt resumed the meeting at 6:55 p.m.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
05-06-2021
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1 Victor Martin , 8896 Oldham Way , Palm Beach Gardens , FL 3341 2; Gio Muirragui, 8056
2 Woodsmuir Drive, Palm Beach Gardens , FL 33412 ; Judy Ahrens , 11669 Blackwoods Lane, Palm
3 Beach Gardens , FL 3341 2; Douglas Grant, 301 Balsam Street, Palm Beach Gardens , FL 33410.
4 VI. CITY MANA G E R REPORT
5 City Manager, Ron F erris referenced the Monday, May 3, 2021 community meeting with the
6 residents in the western section of the City to disc uss safety , the need for a traffic signal, and
7 thanked Mayor Litt for conducting the meeting.
8 May or Litt conveyed the City has been working to have the signal constructed and the project has
9 been fully budgeted by the City for five years . The City continues to struggle with the County for
10 the installat ion of the traffic signal. The western community resident s along with District 1 County
11 Commissioner, Maria Marino, came together to discuss the progress and see the same presentation
12 given this evening by Director of Planning & Zoning, Natalie Crowley and City Engineer,
13 Todd Engle . Reflecting on personal experience, she expressed the absence of a traffic signal
14 makes it dangerous for everyone. ·
15 Mayor Litt requested the City Attorney Report to be moved up.
16 Councilmembers concurred for Item XI City Attorney Report to be given next.
17 XI. CITY ATTORNEY REPORT
18 City Attorn ey, R. Ma x Lohman thanked Councilmembers , Ci ty staff and residents for their input
19 and introduced Reso lution 31 , 2021. After receiving a letter dated April 7, 2021 from County
20 Engineer David Ricks denying the right-of-way permit , public records were requested from the
2 1 County on Apri l 14, 2021 which included traffic warrant analyses for nine lights that the City
22 suspects were installed without traffic warrants. County Engineer, David Ricks , Palm Beach
23 County Administrator, Verdenia Baker and County Attorney , Denise Nieman were copied . Two
24 days later, a response was received stating the public records re quest had been received on be half
25 of the C ity , and it would take twenty business days to respond to the request. Copying the same
26 individuals, City Attorney, R. Max Lohman responded it was an arbitrary , capricious response
27 as it did not provide any basis for the broad time estimation and did not comport to the law. In that
28 second response , the nine light traffic warrant analyses were requested to be given first. No
29 response was received. In accordance with Chapter 119 Section .12, another notice was sent last
30 Thursday , letting them know that if they did not respond to the City's public records request in
31 accordance with the public records law, the City would avail itself to all remedies availab le to it.
32 Five business day s ' notice has to be provided to preserve rights to pursue attorney fees iflitigation
33 is necessary. May 6, 2021 is day five since the notice was made . No response has been received .
34 This res olution allows for authorization to fil e the necessary lawsuits to compel the County to
35 comply with the public records law and avoid a Chapter 164 governmental dispute proceeding.
36 The other portion is the determination there are significant government interests and pub li c health,
37 safety , we lfare issues at stake. Thereby again avoiding the alternative dispute governmental
38 resol ution process and file the lawsuit to compel the County to issue the right-of-way permit.
39 Another portion directs the City Manager to take the steps necessary to expedite the installation.
40 Disc ussion ensued.
41 The City Clerk read Reso luti on 31 , 2021 by title.
42 RESOLUTION 31 , 2021 -A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF PALM
43 BEACH GARDENS , FLORIDA , ADOPTED PURSUANT TO SECTION 164.1041(2), FL ORIDA
44 STATUTES , FINDING THAT THE ABSENCE OF A TRAFFIC SIGNAL AT THE INTERSECTION
45 OF NORTHLAKE BOUL EVAR D AN D STONEWALL DRIVE (BAYHIL L DRIVE)/ SANDHILL
46 CRANE DRIVE CONSTITUTES AN IMMEDIATE THREAT TO THE HEAL TH, SAF ETY , A ND
47 WELFARE OF THE PUBLIC WHICH REQUIR ES IMMEDIATE AC TI ON AND FURTHER
48 FINDING THAT SIGN IF ICAN T LEGAL RIGHTS WILL BE COMPROMISED IF A COURT
49 PROCEEDING DO ES NOT TAKE PLAC E BEFOR E THE PROVISIONS OF THE FLORI DA
CITY OF PALM BEACH GARDENS REGULA R CO UNC IL MEETI NG
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1 GOVERNMENTAL CONFLICT RESOLUTION ACT, SECTIONS 164.101 -1 64.1061 , FLORIDA
2 STATUTES, ARE COMPLIED WITH ; FURTHER FINDING THAT PALM BEACH COUNTY'S
3 REFUSAL T O TIMELY COMPLY WITH THE REQUIREMENTS OF CHAPTER 1 19, FLORIDA
4 STATUTES, THE PUBLIC RECORDS LAW, WILL COMPROMISE SIGNIFICANT LEGAL
5 RIGHTS IF A COURT PROCEEDING DOES NOT TAKE PLACE BEFORE THE PROVISIONS
6 OF THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT, SECTIONS 164.1 01 -
7 164.106 1, FLORIDA STATUTES, ARE COMPLIED WITH ; TO THE CITY'S REQUEST FOR
8 PUBLIC RECORDS RELATED TO CERTAIN TRAFFIC SIGNAL INSTALLATIONS; PROVIDING
9 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
10 Councilmember Woods made a motio n to approve Res olut ion 3 1, 2021.
11 Councilmember Tinsley se co nded .
12 Motion passed 5-0.
13 City Attorney, R. Max Lohman state d the complaint for the public re cords is drafte d and will be
14 filed and served tomorrow.
15 VII. CONSENT AGENDA
16 Mayor Litt pulled Item D Purchase Award -F urnish and Install Playground at M iracl e League
17 Field and Item W Proclamation -Pro fess ional Municipal Clerks Week from the Consent Agenda.
18 Vice Mayor Reed pulled Item P Proclamat ion -Menta l Health Aw are ness and Trauma Informed
19 Care Month from the Consent A genda .
20 a . APPROVE MINUTES FROM THE APRIL 1, 2021 CITY COUNCIL MEETING .
21 b. RESOLUTION 2 5 , 2021 -ECONOMIC DEVELOPMENT INCENTIVES AGREEMENT. A
22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
23 FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN ECONOMIC DEVELOPMENT
24 INCENTIVES AGREEMENT WITH VIRTU FINANCIAL, INC.; PROVIDING AN EFFECTIVE
25 DATE; AND FOR OTHER PURPOSES.
26 c. PURCHASE AWARD -ITB2021 -135PS, LANDSCAPE AND IRRIGATION PRODUCTS , AND
27 SERVICES.
28 e . PURCHASE AWARD -BLEACHER COVERS FOR NEW SHOWCASE FIELD A T GARDENS
29 PARK.
30 f . PURCHASE AWARD -INSTALLATION OF BLEACHER COVERS FOR NEW SHOWCASE
31 FIELD AT GARDENS PARK.
32 g . PROCLAMATION -ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH.
33 h. PROCLAMATION-BETTER HEARING MONTH.
34 i. PROCLAMATION -CIVILITY MONTH .
35 j. PROCLAMATION -CODE ENFORCEMENT OFFICERS ' APPRECIATION WEEK.
36 k. PROCLAMATION-DROWNING PREVENTION AWARENESS MONTH .
37 I. PROCLAMATION -EMERGENCY MEDICAL SERVICES WEEK.
3 8 m. PROCLAMATION -GUARDIAN AD LITEM MONTH .
39 n. PROCLAMATION-HEPATITIS AWARENESS MONTH .
40 o . PROCLAMATION -KIDS TO PARKS DAY.
41 q. PROCLAMATION -NATIONAL GUN VIOLENCE AWARENESS DAY.
42 r. PROCLAMATION -NATIONAL MISSING CHILDREN 'S DAY.
43 s. PROCLAMATION -NATIONAL POLICE WEEK.
44 t. PROCLAMATION -NATIONAL PUBLIC WORKS WEEK.
45 u. PROCLAMATION-NATIONAL SAFE BOATING WEEK.
46 v. PROCLAMATION -NO PLACE FOR HATE DAY.
47 x. PROCLAMATION -TRAUMA AWARENESS MONTH .
48 y . PROCLAMATION -WATER REUSE WEEK.
49 Councilmember Marciano made a mot ion to approve the Consent Agenda without Items D, P
50 and W .
51 Councilmember Woods se conded.
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1 Motion passed 5-0 .
2 d. PURCHASE AWARD -FURNISH AND INSTALL PLAYGROUND AT MIRACLE LEAGUE
3 FIELD .
4 Mayor Litt recognized the new Miracle League Field and statue that pays tribute to our special
5 children and families; and thanked the City Manager, the Parks and Recreation Department and
6 City staff for their forward inclusive thinking and big hearts for the playground.
7 Staff presentation: Purchasing and Contracts Director, Km! Ra; Leisure Services
8 Administrator, Charlotte Presensky.
9 Councilmember Tinsley made a motion to approve Item D Purchase Award -Furnish and Install
10 Playground at Miracle League Field.
11 Vice Mayor Reed seconded.
12 Motion passed 5-0.
13 p. PROCLAMATION -MENTAL HEAL TH AWARENESS AND TRAUMA INFORMED CARE
14 MONTH.
15 Vice Mayor Reed read highlights from the Proclamation -Mental Health Awareness and Trauma
16 Informed Care Month.
17 Councilmembers took a picture with Andres Torrens , Clinical Director of Families First of Palm
18 Beach County.
19 Vice Mayor Reed made a motion to approve Item P Proclamation -Mental Health Awareness
20 and Trauma Informed Care Month.
21 Councilmember Woods seconded.
22 Motion passed 5-0.
23 w. PROCLAMATION-PROFESSIONAL MUNICIPAL CLERKS WEEK.
24 Mayor Litt read the Proclamation -Professional Municipal Clerks Week and recognized City
25 Clerk, Patricia Snider for her outstanding service to the City, presenting a beautiful orchid to her.
26 Councilmember Tinsley made a motion to approve Item W Proclamation -Professional
27 Municipal Clerks Week.
28 Councilmember Woods seconded.
29 Motion passed 5-0 .
30 VIII. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
31 Those preparing to g ive testimony were sworn in.
32 The City Clerk read Ordinance 4 , 2021 by title.
33 a. ORDINANCE 4, 2021 -(2ND READING AND ADOPTION) BUDGET AMENDMENT. AN
34 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
35 FLORIDA, AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE
36 FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021 ,
37 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
38 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
39 PURPOSES .
40 Mayor Litt opened the Public Hearing.
41 Petitioner presentation: None.
42 Staff presentation: None. No changes since 1st reading.
43 Staff recommended approval of Ordinance 4, 2021 on 2nd reading and adoption.
44 Public comment: None.
45 Mayor Litt closed the Public Hearing.
46 Councilmember Marciano made a motion to approve Ordinance 4, 2021 on 2nd reading and
4 7 adoption.
48 Councilmember Tinsley seconded.
49 Mayor Litt brought the item back for discussion. No discussion.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 Motion passed 5-0.
2 The City Clerk read Ordinance 5, 2021 by title .
3 b. ORDINANCE 5, 2021 -(1 5 r READING) VOLUNTARY ANNEXATION REQUEST. AN
4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
5 FLORIDA, ANNEXING, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION, A
6 PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 0.13 ACRES, MORE OR LESS,
7 LOCATED ON THE NORTH SIDE OF BOMAR DRIVE APPROXIMATELY 400 FEET WEST
8 OF THE INTERSECTION OF U.S. 1 AND BOMAR DRIVE, IN PALM BEACH COUNTY,
9 FLORIDA, THAT IS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT
10 THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNER
11 OF THE REAL PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE CITY
12 CHARTER BY REDEFINING THE CORPORATE LIMITS; PROVIDING FOR TRANSMITTAL
13 TO THE FLORIDA DEPARTMENT OF STATE, THE PALM BEACH COUNTY CLERK OF
14 COURT , AND PALM BEACH COUNTY ; PROVIDING A CONFLICTS CLAUSE, A
15 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
16 DATE; AND FOR OTHER PURPOSES.
17 Mayor Litt opened the Public Hearing.
18 Petitioner presentation: None.
19 Staff presentation: Principal Planner, Martin Fitts.
20 Staff recommended approval of Ordinance 5, 2021 on 1st reading.
21 Public comment: None.
22 Mayor Litt closed the Public Hearing.
23 Councilmember Tinsley made a motion to approve Ordinance 5, 2021 on 1st reading.
24 Vice Mayor Reed seconded.
25 Mayor Litt brought the item back for discussion. Discussion ensued.
26 The applicant, Raiiv Shah, expressed appreciation to Councilmembers and is happy for the
27 opportunity to be in the City.
28 Motion passed 5-0.
29 The City Clerk read Resolution 26, 2021 by title.
30 c. *RESOLUTION 26, 2021 -PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF
31 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
32 A PLANNED UNIT DEVELOPMENT (PUD) PLAN AMENDMENT AND MAJOR
33 CONDITIONAL USE TO ALLOW AN AUTOMATED EXPRESS CAR-WASH FACILITY ON
34 1.54 ACRES LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD,
35 APPROXIMATELY 200 FEET WEST OF SUNRISE DRIVE, AS MORE PARTICULARLY
36 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL;
37 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
38 Mayor Litt opened the Public Hearing.
39 Mayor Litt asked for any ex-parte communication.
40 No ex-parte communication declared.
41 Petitioner presentation: Donaldson Hearing, Cotleur & Hearing; Brian Seymour, Attorney,
42 Gunster Law Finn.
43 Staff presentation: None.
44 Staff recommended approval of Resolution 26, 2021 .
45 Public comment: None.
46 Mayor Litt closed the Public Hearing.
47 Councilmember Tinsley made a motion to approve Resolution 26, 2021.
48 Councilmember Woods seconded.
49 Mayor Litt brought the item back for discussion. Discussion ensued.
50 Motion passed 5-0.
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1 IX. RESOLUTIONS
2 None.
3 X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST:
4 Councilmember Marciano provided an update on the progress of maintenance at the City's
5 United States Post Office. Following a Zoom call with Congressman Brian Mast, he indicated the
6 grass has been cut, mulch has been put down and fences looked cleaner. A plan is being
7 implemented for pressure cleaning the building, maintaining the sprinkler system and improving
8 the property. He thanked the Congressman, City staff and residents for their efforts.
9 Councilmember Tinsley wished all mothers a Happy Mother's Day and expressed appreciation
10 to Code Enforcement Officers and Fire Department staff as she recognized proclamations for Code
11 Enforcement Officers ' Appreciation Week and Trauma Awareness Month.
12 Vice Mayor Reed attended the Let's Move Palm Beach County A wards ceremony. Approximately,
13 60 million minutes of physical activity were recorded in the competition. The City of Wellington
14 won this year, and she would like to see the City of Palm Beach Gardens compete next year.
15 Councilmember Woods thanked fellow Councilmembers for their kindnesses and support as he
16 was ill last month.
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XII. ADJOURNMENT
The meeting adjourned at 8:34 p.m.
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The next regularly scheduled City Council meeting will be held on June 3, 2021.
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APPROVED:
3 5 --.,.,..._
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Patricia Snider, CMC
City -Clerk
Rachelle A. L~
Che!~;;.;;;;--•
Carl W. Woods, Councilmember
~-~
Mark T. Marciano, Councilmember
Marcie Tinsley , Councilmember
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Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts~ofthe
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
05-06-2021
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