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HomeMy WebLinkAboutMinutes Council 0908211 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 September 8, 2021 5 6 The regular meeting was called to order at 6:00 p.m. by Mayor Litt. 7 I. PLEDGE OF ALLEGIANCE 8 A moment of silence was observed to honor the 13 fallen service men and women in Afghanistan, 9 law enforcement officers who have died in community service, wildfires and flooding disasters in 10 many states, and all individuals affected by the COVID-19 pandemic. 11 II. ROLL CALL 12 PRESENT: Mayor Litt, Vice Mayor Reed, Councilmember Woods, Councilmember Marciano, 13 Councilmember Tinsley. 14 ABSENT: None. 15 III. ADDITIONS, DELETIONS, MODIFICATIONS 16 None. 17 IV. ANNOUNCEMENTS AND PRESENTATIONS 18 a. 2021 USTA OUTSTANDING FACILITY AWARD: TENNIS & PICKLEBALL CENTER. 19 b. RECOGNIZING RECENTLY CERTIFIED PARKS & RECREATION PROFESSIONALS 20 (CPRP). 21 c. 2021 FLORIDA RECREATION AND PARK ASSOCIATION: INNOVATIVE 22 PROGRAMMING/HEALTH & RISING STAR AWARDS. 23 Leisure Services Administrator, Charlotte Presensky presented the Recreation Department's 24 accomplishments and shared the National Recreation and Park Association (NRPA) chose to 25 highlight the Miracle League field and program in its national Parks & Recreation magazine on its 26 Park Bench page and in its weekly CEO's podcast. The Palm Beach Gardens Tennis and Pickleball 27 Center has been recognized nationally by the United States Tennis Association as an outstanding 28 facility under the direction of Tennis Director, Wendy Tatum and Tennis Operations Manager, 29 Andi Mohl. Congratulations were expressed to Deputy Leisure Services Administrator, Daniel 30 Prieto, Tennis Operations Manager, Andi Mohl, Operations Manager Athletics, Tim Ford, 31 Operations Manager Leisure Services, Monette Preston and Recreation Supervisor, Ashley 32 Shipman for their achievement in obtaining the Certified Parks and Recreation Professional 33 designation. The 2021 Florida Recreation and Park Association's Innovative Program Award was 34 given for the Ignite the Fight Virtual SK race for supporting the Firefighters to the Rescue 35 foundation, and the Rising Star Award was presented to Recreation Supervisor, Lyndsey Marsh. 36 • Following the Announcements and Presentations, Mayor Litt acknowledged Firefighter, 37 Krystyna Krakowski and Police Officer, Jodi Kalish for their podcast interview on the Woman 38 Effect -Making It in a Male-Dominated Industry presented by the Palm Beach North Chamber of 39 Commerce Women In Business Council. 40 V. COMMENTS FROM THE PUBLIC 41 None. 42 VI. CITY MANAGER REPORT 43 None. 44 VII. CONSENT AGENDA 45 a. APPROVE MINUTES FROM THE AUGUST 5, 2021 CITY COUNCIL MEETING. 46 b. RESOLUTION 52, 2021 -NATIONAL EXPRESS WASH NORTHLAKE PLAT. A 47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 48 FLORIDA, APPROVING THE PLAT OF NATIONAL EXPRESS WASH NORTHLAKE; 49 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-08-2021 PAGE 1 1 c. PURCHASE AWARD -LEASE OF BACKHOE AND SKID STEERS . 2 d. PURCHASE AWARD-RFP2021-063HR, STOP LOSS INSURANCE. 3 e. PROCLAMATION-A DAY TO REMEMBER. 4 f. PROCLAMATION -CHILDHOOD CANCER AWARENESS MONTH. 5 g. PROCLAMATION -CONSTITUTION WEEK. 6 h. PROCLAMATION -HUNGER ACTION MONTH. 7 i. PROCLAMATION -PROSTATE CANCER AWARENESS MONTH . 8 j. PROCLAMATION -WORLD ALZHEIMER'S AWARENESS DAY. 9 Councilmember Tinsley made a motion to approve the Consent Agenda. 10 Councilmember Marciano seconded. 11 Motion passed 5-0. 12 VIII. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 13 The City Clerk read Ordinance 8, 2021 by title. 14 a. ORDINANCE 8, 2021 -(1 5 T READING) ADOPTING THE BUDGET FOR FISCAL YEAR 15 2021/2022. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 16 GARDENS , FLORIDA, ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH 17 GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021, AND ENDING 18 SEPTEMBER 30, 2022; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 19 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 20 Mayor Litt opened the Public Hearing. 21 Petitioner presentation: None. 22 Staff presentation: Finance Administrator, Allan Owens. 23 Staff recommended approval of Ordinance 8, 2021 on 1st reading as presented. 24 Public comment: Mary Lynn Manning, 213 Legendary Circle, Palm Beach Gardens, FL 33418. 25 Mayor Litt closed the Public Hearing. 26 Vice Mayor Reed made a motion to adopt a proposed operating and total millage rate of 5.55 27 mills, which is greater than the rolled-back rate of 5.4253 by 2.3%. 28 Councilmember Woods seconded. 29 Mayor Litt brought the item back for discussion. Discussion ensued. 30 Councilmember Marciano made a substitute motion to adopt a proposed operating and total 31 millage rate of 5.50 mills, which is greater than the rolled-back rate of 5.4253. 32 Councilmember Tinsley seconded. 33 Mayor Litt brought the item back for discussion. Discussion ensued. 34 Substitute motion failed 2-3. 35 Mayor Litt, Vice Mayor Reed and Councilmember Woods opposed. 36 Mayor Litt called the question for the motion to adopt a proposed operating and total millage rate 37 of 5.55 mills, which is greater than the rolled-back rate of 5.4253 by 2.3%. 38 Motion passed 4-1. 39 Councilmember Marciano opposed. 40 Councilmember Woods made a motion to approve Ordinance 8, 2021 on pt reading, adopting a 41 budget for fiscal year 2021/2022. 42 Vice Mayor Reed seconded. 43 Motion passed 5-0. 44 The City Clerk read Ordinance 9, 2021 by title. 45 b. ORDINANCE 9, 2021 -(2ND READING & ADOPTION) AMENDING CHAPTER 66. AN 46 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 47 FLORIDA, AMENDING CHAPTER 66. TAXATION. AT SECTION 66-59. EXEMPTION 48 ALLOWED CERTAIN DISABLED PERSONS, THE AGED, AND WIDOWS WITH MINOR 49 DEPENDENTS. BY RENAMING SAID SECTION AND BY ADOPTING NEW 50 SUBSECTIONS (b) THROUGH (e) AND REDESIGNATING SUBSECTION (b) AS CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-08-2021 PAGE 2 1 SUBSECTION (f); FURTHER AMENDING CHAPTER 66. BY REPEALING SECTION 66-60. 2 EXEMPTIONS FOR DISABLED VETERANS. IN ITS ENTIRETY AND ADOPTING NEW 3 SECTION 66-60. WITH A NEW TITLE; PROVIDING THAT EACH AND EVERY OTHER 4 SECTION AND SUBSECTION OF CHAPTER 66. TAXATION. SHALL REMAIN IN FULL 5 FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, 6 A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 7 DATE; AND FOR OTHER PURPOSES. 8 Mayor Litt opened the Public Hearing. 9 Petitioner presentation: None. 10 Staff presentation: None. No changes since 1st reading. 11 Staff recommended approval of Ordinance 9, 2021 on 2nd reading and adoption. 12 Public comment: None. 13 Mayor Litt closed the Public Hearing. 14 Councilmember Tinsley made a motion to approve Ordinance 9, 2021 on 2nd reading and 15 adoption. 16 Councilmember Woods seconded. 17 Mayor Litt brought the item back for discussion. No discussion. 18 Motion passed 5-0. 19 The City Clerk read Ordinance 10, 2021 by title. 20 c. ORDINANCE 10, 2021 -(1ST READING) AMENDING THE LAND DEVELOPMENT 21 REGULATIONS REGARDING OUTDOOR SEATING. AN ORDINANCE OF THE CITY 22 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 23 78-LAND DEVELOPMENT REGULATIONS AT SECTION 78-191 . OUTDOOR SEATING. 24 TO REVISE OUTDOOR SEATING REGULATIONS, CREATE AN OUTDOOR SEATING 25 PARKING RATE, AND PROVIDE CROSS REFERENCES; AMEND SECTION 78-345. 26 NUMBER OF PARKING SPACES REQUIRED. TO REVISE RESTAURANT PARKING 27 RATES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF 28 CHAPTER 78 -LAND DEVELOPMENT SHALL REMAIN IN FULL FORCE AND EFFECT AS 29 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 30 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR 31 OTHER PURPOSES. 32 Mayor Litt opened the Public Hearing. 33 Petitioner presentation: None. 34 Staff presentation: Principal Planner, Martin Fitts. 35 Staff recommended approval of Ordinance 10, 2021 on p t reading. 36 Public comment: None. 37 Mayor Litt closed the Public Hearing. 38 Councilmember Woods made a motion to approve Ordinance 10, 2021 on I st reading. 39 Councilmember Tinsley seconded. 40 Mayor Litt brought the item back for discussion. Discussion ensued. 41 Motion passed 5-0. 42 IX. RESOLUTIONS 43 None. 44 X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST: 45 Mayor Litt commented she would like to add in a statement, with Council's support, to the memo 46 accompanying the proposed budget under key initiatives in the City's vision, goal number 8, to 47 include the addition of increasing workforce housing to the urban core and Transit Oriented 48 Development (TOD). 49 Councilmembers agreed. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-08-2021 PAGE 3 1 City Manager, Ron Ferris noted this was part of his budget memorandum. He will meet with 2 staff and have it prepared appropriately. 3 Councilmem her Woods toured the A venir development with Commissioner Maria Marino and 4 remarked on its progression and the need for the traffic signal on Northlake Boulevard. 5 XI. CITY ATTORNEY REPORT 6 City Attorney, R. Max Lohman provided an update on the mobility lawsuit with the County. The 7 City filed its answer of affirmative defenses and its counterclaims. The City has also countersued 8 the County seeking declaratory and injunctive relief to have their impact fee ordinance declared 9 an unconstitutional tax. A temporary injunctive relief hearing is scheduled for October 26, 27 and 10 half a day on October 28. Discussion ensued. 11 City Manager, Ron Ferris reported the County and the City have negotiated an Interlocal 12 Agreement allowing the City to go vertical on the Bayhill traffic signal on Northlake Boulevard. 13 The Agreement has been sent back to the County. A permit to mount the traffic signal should be 14 received from the County within five days. All underground work has been completed, and the 15 light's foundation is in place. The light will go up upon receipt of the County's permit. Discussion 16 ensued. 17 18 (I'he remainder of this page intentionally left blank.) 19 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-08-2021 PAGE 4 XII. ADJOURNMENT 1 2 3 4 5 6 The meeting adjourned at 8:07 p.m. The next regularly scheduled City Council meeting will be held on September 22, 2021. 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 APPROVED: i~,~~J; 'J1 . 38 . 39 40 41 Patricia Snider, CMC 42 City Clerk 43 44 45 ~aM Rachelle A. Litt, Mayor eed , Vic e May or ~tJU~ Carl W. Woods, Councilmember ~~- Mark T. Marciano, Councilmember msley, Councilmember 46 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 4 7 meeting. A verbatim audio record is available from the Office of the City Clerk. 48 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-08-2021 PAGE 5