HomeMy WebLinkAboutMinutes Council 0803231 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 August 3, 2023
5
6 The regular meeting was called to order at 6:00 p.m. by Mayor Reed.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Reed, Vice Mayor Woods, Councilmember Tinsley, Councilmember
10 Premuroso, Councilmember Middleton.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV.ANNOUNCEMENTS AND PRESENTATIONS
15 None.
16 V. COMMENTS FROM THE PUBLIC
17 Rachelle Litt, 62 Dunbar Road, Palm Beach Gardens, Florida 33418; Donna Adler, 119
18 Evergrene Parkway, Palm Beach Gardens, Florida 33410.
19 VI. CITY MANAGER REPORT
20 None.
21 VII. CONSENT AGENDA
22 Mayor Reed pulled Item c Proclamation -Honoring Brigadier General Kenneth Paul
23 Bergquist, Jr., from the Consent Agenda.
24 Mayor Reed read the Proclamation -Honoring Brigadier General Kenneth Paul Bergquist, Jr.,
25 and the family was recognized.
26 a. APPROVE MINUTES FROM THE JULY 13, 2023, CITY COUNCIL MEETING.
27 b. PROCLAMATION-FLORIDA WATER PROFESSIONALS MONTH.
28 d. PROCLAMATION-INTERNATIONAL OVERDOSE AWARENESS DAY.
29 e. PROCLAMATION-UKRAINIAN INDEPENDENCE DAY.
30 f . PROCLAMATION-WOMEN'S EQUALITY DAY.
31 Councilmember Tinsley made a motion to approve the Consent Agenda without Item c.
32 Vice Mayor Woods seconded.
33 Motion passed 5-0.
34 c. PROCLAMATION-HONORING BRIGADIER GENERAL KENNETH PAUL BERGQUIST,
35 JR
36 Councilmember Tinsley made a motion to approve Item c Proclamation-Honoring Brigadier
37 General Kenneth Paul Bergquist, Jr.
38 Councilmember Premuroso seconded.
39 Motion passed 5-0.
40 VIII. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
41 Those preparing to give testimony were sworn in.
42 The City Clerk read Ordinance 13, 2023 by title.
43 a. ORDINANCE 13, 2023-(2ND READING AND ADOPTION) VOLUNTARY ANNEXATION.
44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
45 FLORIDA, ANNEXING, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION,
46 ONE (1) PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 2.48 ACRES,
47 MORE OR LESS, LOCATED ON THE WEST SIDE OF ELLISON WILSON ROAD
48 APPROXIMATELY 0.16 MILES SOUTH OF THE INTERSECTION OF PGA BOULEVARD
49 AND ELLISON WILSON ROAD IN PALM BEACH COUNTY, FLORIDA, AS MORE
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-03-23
PAGE 1
1 PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY
2 ANNEXATION PETITION BEARS THE SIGNATURES OF THE OWNERS OF THE REAL
3 PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE CITY CHARTER BY
4 REDEFINING THE CORPORATE LIMITS; PROVIDING FOR TRANSMITTAL TO THE
5 FLORIDA DEPARTMENT OF STATE, THE PALM BEACH COUNTY CLERK OF COURT,
6 AND PALM BEACH COUNTY ; PROVIDING A CONFLICTS CLAUSE, A .SEVERABILITY
7 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
8 OTHER PURPOSES.
9 Mayor Reed opened the Public Hearing for Ordinance 13 , 2023.
10 Petitioner presentation: None.
11 Staff presentation: None. No changes since 1st reading.
12 Staff recommended approval of Ordinance 13 , 2023 on 2nd reading and adoption.
13 Public comment: None.
14 Mayor Reed closed the Public Hearing.
15 Vice Mayor Woods made a motion to approve Ordinance 13, 2023 on 2nd reading and adoption.
16 Councilmember Middleton seconded.
17 Mayor Reed brought the item back for discussion. Discussion ensued.
18 Motion passed 5-0.
19 Mayor Reed read the following into the record:
20 Tonight Ordinance 14 and Ordinance 15 will be a combined presentation. Since Ordinance 15
21 is quasi-judicial we will declare ex-parte at this time. The Clerk will read the titles separately
22 for each, and there will be a separate vote for Ordinance 14 and Ordinance 15 on 1st reading.
23 There will also be separate hearings for Ordinance 14 and Ordinance 15, and we will incorporate
24 the presentations and all testimony into each hearing.
25 Councilmember Tinsley recused herself from the dais for Ordinance 14, 2023, Ordinance 15,
26 2023 , and in the future companion Resolution 48, 2023 and filled out Form 8B. The company
27 her husband works for was hired to do the engineering, surveying, and planning for this project.
28 Mayor Reed asked for ex parte communication for the combined presentation.
29 Councilmember Premuroso spoke to Brian Seymour, Gunster and Matthew Barnes, WGI
30 with staff in attendance. He thanked residents, family, friends , and other related individuals
31 from the Rustic Lakes and Bay Hill communities for their letters, emails, texts, and phone calls.
32 Mayor Reed had communicated with Brian Seymour a month or two ago to try to connect but
33 was unable to. She received and responded to emails from residents .
34 The City Clerk read Ordinance 14, 2023 by title and informed the public there is a sign-in sheet
35 at the front table for anyone wanting additional information from the Florida Department of
36 Economic Opportunity.
37 b. ORDINANCE 14, 2023 -(1 5T READING) SMALL-SCALE FUTURE LAND USE
38 AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
39 BEACH GARDENS, FLORIDA , ADOPTING A SMALL-SCALE AMENDMENT TO ITS
40 COMPREHENSIVE PLAN FUTURE LAND USE MAP IN ACCORDANCE WITH THE
41 MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY
42 SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION
43 NO. CPSS-21-08-000018 IN ORDER TO CHANGE THE LAND-USE DESIGNATION OF
44 APPROXIMATELY 17.89 ACRES FROM 8.06+/-ACRES OF RURAL RESIDENTIAL (RR)
45 AND 9.83+/-ACRES OF COMMERCIAL (C) TO RESIDENTIAL MEDIUM (RM), THE
46 SUBJECT PROPERTY BEING LOCATED ON THE SOUTHWEST CORNER OF THE
47 INTERSECTION OF NORTHLAKE BOULEVARD AND 112TH TERRACE; PROVIDING
48 FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA
49 STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
50 ECONOMIC OPPORTUNITY (DEO); PROVIDING THAT THE FUTURE LAND USE MAP
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-03-23
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1 OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY;
2 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
3 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
4 · Mayor Reed opened the Public Hearing for Ordinance 14, 2023.
5 Petitioner presentation: Brian Seymour, Gunster; Matthew Barnes, WGI; Dr. Juan Ortega,
6 P .E., JFO Group, Inc.
7 Staff presentation: Planning Manager, Martin Fitts.
8 Staff recommended approval of Ordinance 14, 2023 on 1st reading.
9 Public comment: Jim Ash, 7781 Arbor Crest Way, Palm Beach Gardens, Florida 33412; Aida
10 Buttelman, 11576 Buckhaven Lane, Palm Beach Gardens, Florida 33412; James Tuot, 8810
11 Marlamoor Lane, Palm Beach Gardens, Florida 33412; Victor Martin, 8896 Oldham Way ,
12 Palm Beach Gardens, Florida 33412; Robert Grubert, 8256 Woodsmuir Drive, Palm Beach
13 Gardens, Florida 33412; Charles Michalek, 11980 Torreyanna Circle, Palm Beach Gardens,
14 Florida 33412; James Terrence Meyers, 7605 Woodsmuir Drive, Palm Beach Gardens,
15 Florida 33412; Nicholas Moore, 7784 Maywood Crest Drive, Palm Beach Gardens, Florida
16 33412; Rick Haynes 7769 Arbor Crest Way, Palm Beach Gardens, FL 33412; Michael Falk,
17 105 Woodsmuir Court, Palm Beach Gardens, Florida 33412 ; Catherine Bartels 8689 112th
18 Terrace N , Palm Beach Gardens, Florida 33412; Thomas Bean , 5439 Cicada Way , Palm Beach
19 Gardens , Florida33418; Bart Ostrzenski, Esq., 4755 Technology Way , Suite 108, Boca Raton,
20 Florida 33431; Eugene Wise, confidential record per Florida Statutes -119.071.
21 Mayor Reed closed the Public Hearing .
22 Vice Mayor Woods made a motion to approve Ordinance 14, 2023 on 1st reading.
23 Councilmember Middleton seconded.
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Mayor Reed brought the item back for discussion. Discussion ensued.
Motion passed 4-0.
The City Clerk read Ordinance 15, 2023 by title.
c. *ORDINANCE 15, 2023 -(1 5T READING) REQUESTING REZONING. AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
REZONING CERTAIN REAL PROPERTY IN ORDER TO CHANGE THE ZONING FOR
APPROXIMATELY 17 .89 ACRES, OF WHICH 8.06+/-ACRES IS DESIGNATED
AGRICULTURAL RESIDENTIAL (AR) AND 9.83+/-ACRES IS DESIGNATED PLANNED
UNIT DEVELOPMENT (PUD) OVERLAY WITH UNDERLYING PROFESSIONAL OFFICE
(PO), SUCH THAT THE ENTIRE 17.89+/-ACRES SHALL NOW BE UNIFIED UNDER
ONE (1) PUD WITH AN UNDERLYING ZONING DESIGNATION OF RESIDENTIAL
MEDIUM (RM), SUCH PROPERTY BEING LOCATED ON THE SOUTHWEST CORNER
OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND 112TH TERRACE;
PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE
AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR
OTHER PURPOSES .
Mayor Reed opened the Public Hearing for Ordinance 15, 2023.
Councilmember Tinsley recused herself from the dais for Ordinance 14, 2023, Ordinance 15,
2023, and in the future companion Resolution 48, 2023 and filled out Form 8B. The company
her husband works for was hired to do the engineering, surveying, and planning for this project.
Mayor Reed asked for ex parte communication for the combined presentation.
Councilmember Premuroso spoke to Brian Seymour, Gunster and Matthew Barnes, WGI
with staff in attendance. He thanked residents, family, friends, and other related individuals
from the Rustic Lakes and Bay Hill communities for their letters, emails, texts, and phone calls.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-03-23
PAGE 3
1 Mayor Reed had communicated with Brian Seymour a month or two ago to try to connect but
2 was unable to. She received and responded to emails from residents.
3 Petitioner presentation : Brian Seymour, Gunster; Matthew Barnes , WGL Dr. Juan Ortega ,
4 P .E., JFO Group, Inc.
5 Staff presentation: Planning Manager, Martin Fitts.
6 Staff recommended approval of Ordinance 15, 2023 on 1st reading.
7 All testimony and public comments from the combined presentation were incorporated into
8 Ordinance 15, 2023 as well.
9 Mayor Reed closed the Public Hearing .
10 Councilmember Middleton made a motion to approve Ordinance 15 , 2023 on p t reading .
11 Vice Mayor Woods seconded.
12 Mayor Reed brought the item back for discussion. No further discussion.
13 Motion passed 4-0.
14 RESOLUTION 48, 2023 IS A COMPANION ITEM TO ORDINANCE 15, 2023 AND WILL
15 REQUIRE COUNCIL ACTION ON SECOND READING.
16 *RESOLUTION 48, 2023 -VINTAGE OAKS PLANNED UNIT DEVELOPMENT. A
17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
18 FLORIDA, APPROVING THE VINTAGE OAKS PLANNED UNIT DEVELOPMENT (PUD),
19 CONSISTING OF 17.89 ACRES, MORE OR LESS, WHICH INCLUDES A SITE PLAN
20 APPROVAL TO ALLOW THE CONSTRUCTION OF 111 TOWNHOMES, SUCH PUD BEING
21 LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTHLAKE
22 BOULEVARD AND 112TH TERRACE, AS MORE PARTICULARLY DESCRIBED HEREIN;
23 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
24 The City Clerk read Resolution 4 7, 2023 by title.
25 d. RESOLUTION 47, 2023 -COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
26 FUNDING . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
27 GARDENS, FLORIDA, APPROVING THE ADOPTION OF THE CITY'S PROGRAM YEAR
28 2023-2024 ANNUAL ACTION PLAN APPLICATION FOR THE UNITED STATES
29 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S COMMUNITY
30 DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ; PROVIDING AN EFFECTIVE DATE;
31 AND FOR OTHER PURPOSES .
32 Mayor Reed opened the Public Hearing for Resolution 47 , 2023.
33 Petitioner presentation: None.
34 Staff presentation: Principal Planner, Olivia Ellison.
35 Staff recommended approval of Resolution 47, 2023.
36 Public comment: None.
3 7 Mayor Reed closed the Public Hearing.
38 Councilmember Tinsley made a motion to approve Resolution 47 , 2023 .
39 Councilmember Middleton seconded .
40 Mayor Reed brought the item back for discussion . Discussion ensued .
41 Motion passed 5-0.
42 X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST:
43 Vice Mayor Woods remarked on a spontaneous conversation he had with several passengers
44 he met on a flight to Utah about the quality of life in Palm Beach Gardens and all the good
45 things the City has to offer. All agreed.
46 Councilmember Tinsley concurred, and the results of the 2023 City of Palm Beach Gardens
4 7 Community Survey memorializes how great the City is. She noted safety precautions are needed
48 on Northlake Boulevard when making U-turns due to the speed of traffic . She acknowledged
49 the additional police presence has made a difference for the community.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
08-03-23
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1 Mayor Reed shared there is a Palm Beach Transportation Planning Agency (TPA) meeting on
2 August 17 at 9:00 a.m. to consider performance measures, targets for statewide paving, and
3 bridge safety. Registration is available to attend in person or online.
4 Councilmember Premuroso thanked Fire Chief Bryer and the Fire Rescue team at Station 63
5 for the opportunity to experience the 2:00 p.m. to 8:00 p.m. shift and appreciated all the hard
6 work Fire Rescue staff does during emergency situations.
7 City Manager, Ron Ferris commented on progress being made on the construction of the new
8 pickleball courts located at Lilac Park and displayed a photo .
9 XI. CITY ATTORNEY REPORT
10 None.
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13 (I'he remainder of this page intentionally left blank.)
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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XII. ADJOURNMENT
The meeting adjourned at 8:25 p .m .
The next regularly scheduled City Council meeting will be held on September 5 , 2023 .
APPROVED:
eed , M ay or
____ J?tJLlxol
Carl W. Woods, Vice Mayor
~
Marcie Tinsley, Councilmember
Dana P. Middleton, Councilmember
ATTEST:
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
08-03 -23
PAGE 6
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City of Palm Beach Gardens
Office of the City Clerk
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4122 psnider6i�pbV_fl.com
Letter of Transmittal
DATE: August 4, 2023
TO: Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 33411
Sent via email: ethicskt)almbeachcountyethics.com
Re: Form 813 — City Council meeting 08/03/2023 Councilmember Marcie Tinsley
®'For Your Records
0 As Requested
For Review and Signature
Signed
Patricia Snider, CMC, City Clerk
O For Recording
O Returned for Corrections
O Other:
FORM
813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME -MIDDLE NAME
NAME BOARD, COUNCI COMMISSION, AUTHORITY, OR COMMITTEE
I
r
r
MAILING ADDRE
�0
THE D, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF
U"CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CO
OF POLITICAL SUBDIVISION
CNAME
111
DATE ON WHICH VOTE PCCVRRED
MY POSITION IS
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
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 tax districts 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-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, 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 disclose 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 filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes_
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 wiff incorporate the form in the minutes_ (Continued on other side)
CE FORM 813 - EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other 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 nature of your conflict in the measure before participating_
• You must complete the form and file it within 15 days after the vote occurs with the 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
I, hereby disclose that on/ 20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss,
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of.
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
by
which
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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AA,4 aqm 10 .f bU4A'/) 001 now) cQ D
Date Filed
1/1e
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING_ IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 1/2000 PAGE 2