HomeMy WebLinkAboutMinutes Council 0605081
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JUNE 5, 2008
The June 5, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:03 p.m. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Vice Mayor David
Levy.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
The City Clerk called the roll and the following elected officials were found to be in
attendance: Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody
Barnett and Councilmember Robert Premuroso. Mayor Eric Jablin was absent.
III. ADDITIONS, DELETIONS, MODIFICATIONS
Additions — None.
Deletions — None.
Modifications — Part II — Non - Quasi - judicial, Public Safety Element, Policy 10.1.2.1,
modifications have been highlighted, provided to Council and will be reviewed later in the
meeting.
Motion
Councilmember Russo made a motion for approval of the Additions, Deletions and
Modifications as read into the record by Vice Mayor Levy. Councilmember Barnett seconded.
The motion carried unanimously, 4 -0.
IV. ANNOUNCEMENTS AND PRESENTATIONS
None.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
Councilmember Premuroso stated he attended the Riverside Youth Enrichment program
graduation with Mayor Jablin and Vice Mayor Levy. Palm Beach Gardens is hosting the
district, state and regional baseball tournaments in July. Councilmember Russo stated he
attended the kickoff for the new Palm Beach Gardens magazine at PGA National. The event
was well attended. Channel 25 called with questions about the loss of funds from the State.
Business and the economy are bad, as Councilmember Russo had expected. Councilmember
Barnett acknowledged both businesses and residents are suffering from the burden of
additional fees being added by other agencies such as electric, water and garbage, that are out
of the control of the City of Palm Beach Gardens. Councilmember Russo stated that Palm
Beach Gardens residents won't be burdened with the garbage fee for a number of years.
Councilmember Barnett stated the Memorial Day program was a wonderful event. She stated
she was unable to attend the PGA National event for the new magazine because she was
attending the Community Aesthetics Board (CAB) meeting. Councilmember Barnett extended
her thanks to City Forester Mark Hendrickson for his years of service to the CAB and thanked
Executive Assistant to the City Manager Jamie Cobb and Operations Manager Angela Wong
for volunteering to help the CAB with the Going Green Initiative. She also thanked Parks and
Recreation Advisory Board (RAB) Chair Tory Buckley and CAB Chair Donna Wisneski for
taking the time to discuss the purviews of each board. They are in agreement that the CAB
and RAB have different purviews and they will remain independent. Vice Mayor Levy stated
the Value Place Hotel has been turned down by the Palm Beach County Commission by a
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I vote of 4 -2. Vice Mayor Levy stated that Newsweek Magazine ranks the top 1300 high
2 schools in the country and Palm Beach Gardens High School was number 655 and William T.
3 Dwyer High School was number 961. Vice Mayor Levy reported attending the Palm Beach
4 Gardens Police Department awards ceremony and praised their work. He also attended an
5 Ethics Forum where creating a culture of ethics in Palm Beach County was discussed.
6 VI. CITY MANAGER REPORT
7 a. City Manager Ron Ferris reported securing the services of R. Max Lohman of the firm of
8 Corbett & White as the interim law firm for the City. Information has been provided to
9 Councilmembers about the firm, costs and how other cities do it. Vice Mayor Levy thanked
10 City Manager Ferris for the thoroughness of his memo and stated his preference for an in-
11 house attorney. Councilmember Barnett stated her reasons for and against an in -house
12 attorney and asked Councilmember Russo for his opinion. Councilmember Russo stated he
13 agrees that an attorney should represent City Council and is independent and does not act as
14 part of staff. He would like to start by advertising and interviewing for an in -house attorney,
15 but if an acceptable candidate is not found he would like to use a small law firm and use
16 larger, specialized law firms when needed. Councilmember Barnett discussed the pros and
17 cons of small and large firms and the services provided. Councilmember Russo stated he
18 agrees with using a small firm and bringing in an expert when needed, but he wants someone
19 in the small firm with expertise in land use law. He also likes the idea of an in -house attorney
20 for staff to discuss issues. Councilmember Premuroso stated his reasons for preferring an
21 outside attorney. Councilmember Russo stated that staff prefers an in -house attorney and
22 Councilmember Barnett agreed. Councilmember Barnett then asked if a full time or part time
23 position is preferred. She stated that Council must provide direction for what it wants so
24 applicants know what they are applying for. Councilmember Russo questioned whether an in-
25 house attorney can remain independent and give objective advice and not become influenced
26 by staff. Councilmember Barnett stated that West Palm Beach has four in -house attorneys.
27 Councilmember Premuroso stated that Jupiter, Royal Palm Beach and Wellington have
28 comparable populations and two of the three have a lower budget than Palm Beach Gardens
29 and do not have in -house attorney. City Manager Ferris stated that Royal Palm Beach and
30 Wellington do not have Police and Fire Rescue because they use County services.
31 Councilmember Barnett stated she believes the outside attorney that bills more than
32 $100,000.00 per year through Human Resources should go through the City Attorney's office.
33 City Manager Ferris stated he believes Councilmember Barnett to be incorrect. He stated the
34 outside attorney does not bill over $100,000.00 per year and that there was an agreement
35 between himself and Attorney Tatum that she had a full load and City Manager Ferris would
36 oversee the Human Resources Department billing, which was done. City Manager Ferris
37 stated this is a matter of management style and to keep in mind that there must be a good
38 relationship between the City Manager and the City Attorney or chaos will result. He also
39 stated that a consideration of an outside firm is the possibility of conflict if a lawsuit results
40 between two entities and the firm represents both. Councilmember Russo stated he believes
41 Mayor Jablin should express his opinion before a decision is made. Councilmember Barnett
42 stated Mayor Jablin could have been at the meeting if he wanted to be. She also stated that
43 City Manager Ferris' statement convinced her of the need for a large outside firm.
44 Councilmember Barnett disagreed legally with the City Manager being able to hire the other
45 attorneys and stated she would like to see a legal opinion giving him that authority. City
46 Manager Ferris stated the City Charter should be read. Vice Mayor Levy stated he believes
47 more thought needs to go into the matter and that Mayor Jablin's opinion should be heard.
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Councilmember Barnett requested a consensus from Council on the issue. Councilmember
Barnett stated an advertisement can be placed in the newspaper advertising the position of
City Attorney to see the feedback received and she does not see the need for Mayor Jablin to
be present to decide to do that. Councilmember Russo asked Councilmember Barnett to
clarify if she was suggesting advertising for an in -house attorney, to which he would agree to
see the response, but not for issuing an RFP. The Interim City Attorney was asked if there
should be a newspaper advertisement or Request for Proposal (RFP). Interim City Attorney R.
Max Lohman stated that legal services are specialized and an RFP is not required, but it is
being seen more often. Every city has a process, but generally when the proposals are
received staff usually reviews them and picks several, presents them to the council and an
interview process then takes place. City Manager Ferris stated the RFP process does give
some protection and takes care of liability issues should there be a legal challenge. Vice
Mayor Levy stated that if it is decided to use a firm he is more comfortable with an RFP
process. Vice Mayor Levy asked Councilmember Barnett if she wants to make a decision
tonight. Councilmember Barnett stated that a quorum is present and at least an attempt for a
decision should be made. Vice Mayor Levy stated he would take Councilmember Barnett's
answer as a "yes." Councilmember Russo stated he would agree to run an advertisement for
an in -house attorney to see the response, but not to issuing an RFP. Councilmember
Premuroso agreed with running the advertisement. Councilmember Barnett stated she would
like to run the advertisement. Vice Mayor Levy stated the consensus of City Council is to run
an advertisement for the position of City Attorney. City Manager Ferris stated a 30 -day
advertisement would be run including placement in professional periodicals that attorneys
read. Councilmember Barnett suggested the Palm Beach County Bar Journal and the Florida
Bar Journal, to which City Manager Ferris agreed. He stated a 30 -day advertisement with 30-
day processing would result in responses being provided to City Council within a 60- to 90-
day timeframe. Councilmember Premuroso stated that if an in -house attorney is not found
within the next 60 to 90 days, or if it is decided not to have an in -house attorney, that he
believes the next step should be an RFP. He asked how long that process would take, to which
City Manager Ferris stated approximately 120 days. Councilmember Premuroso stated his
concern for not having an attorney before the end of the year. Vice Mayor Levy stated that we
do have an attorney. Councilmember Russo stated his confidence in the interim firm. Vice
Mayor Levy cautioned Councilmembers to take their time and do it right.
VII. COMMENTS FROM THE PUBLIC
Tom Cairnes, 3181 PGA Boulevard, Palm Beach Gardens, The Forbes Company,
representing the PGA Corridor Association, expressed the Association's interest in working
with the City Council and staff to act as a sounding board for matters of interest that would
affect the business community within the City.
Mary Ellen Costello, 1010 10th Terrace, Palm Beach Gardens, stated her concern that PGA
National closed City -owned roads and then charged owners a fee for cleaning them. City
Manager Ferris clarified that the Northern Palm Beach County Improvement District owns the
roads in question. An Interlocal Agreement exists between the PGA National, the Northern
Palm Beach County Improvement District, Palm Beach County and the City of Palm Beach
Gardens regarding Jog Road, the widening of Jog Road and an agreement on the installation
and closing of the gates. There was a public notification process and public meetings were
held to meet County requirements.
Karen Baker, 5008 Whispering Hollow, Palm Beach Gardens, representing the Palm Beach
Gardens Historical Society read a statement regarding the Society's use of the Lakeside
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building for storage of their memorabilia and requested more time than the three hours per
month presently allowed. Vice Mayor Levy asked if staff could work with Society members,
to which City Manager Ferris agreed.
Aristotle Adams, 10169 Dahlia Avenue, Palm Beach Gardens, stated his concerns for the
financial health of the community. Vice Mayor Levy and Councilmember Russo stated their
understanding of Mr. Adams' comments.
Rick Ford, 2801 PGA Boulevard, Suite 110, Palm Beach Gardens, representing Floridians for
Health Care, stated at the Conference of Mayors being held June 20 -24, 2008 in Miami, that
Mayor Lois Frankel (West Palm Beach) is sponsoring a Resolution asking the Mayors to
endorse the National Health Insurance Act, HR 676, which will expand Medicare and create a
National Single -Payer Health Care Program. Mayor Jablin stated he could not support the
Resolution without the authorization of the City Council. Mr. Ford stated he gave materials to
Mayor Jablin to be given to the Councilmembers for their review. Since Mayor Jablin is out
of town and unable to attend tonight's meeting he requested that Mr. Ford present the
materials, not for action tonight but for information purposes. Mr. Ford stated that he
understood from City Manager Ferris that the materials were not put into the
Councilmember's packets. Mr. Ford stated he gave Councilmember Barnett a copy of the
Resolution earlier and he will provide a copy of the materials to each Councilmember. He
asked that they review the materials so that Mayor Jablin could be authorized to sign as a co-
sponsor at the June 19, 2008 City Council meeting, should they wish to do so.
Councilmember Russo requested that City Manager Ferris and staff review the material and
advise Councilmembers.
Eileen Tucker, Shady Lakes, gave a detailed statement regarding her requests made at an
earlier meeting and requested a refund of the $183.49 she was charged for information
provided on a compact disc (CD). She stated her objections to take -home vehicles except in
the case of the Fire Chief and Police and requested a full report at the next City Council
meeting. Ms. Tucker also stated her objections to the hiring of Natalie Wong as a special
consultant for Palm Beach Gardens and stated her support for hiring an outside attorney. City
Manager Ferris stated staff would be happy to set up an appointment for Ms. Tucker to review
the answers to her questions, but he does not have staff available to write all of the material
requested.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated her views on hiring a
City Attorney.
VIII. CONSENT AGENDA
a. Quarterly Financial Report.
b. Resolution 3, 2008 — Communications Site Lease Agreement. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a communications site lease
Agreement with Landmark at the Gardens to provide space for public safety radio
communications equipment and antennas; and providing an effective date.
c. Resolution 44, 2008 — Interlocal Agreement for Community Development Block Grant. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the
approval of an Interlocal Agreement between the City and Palm Beach County for
Community Development Block Grant and Home Investment Partnerships Program activities
for fiscal years 2009, 2010, and 2011 and authorizing the Mayor and City Clerk to execute the
same; and providing an effective date.
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Motion
Councilmember Russo made a motion for approval of the Consent Agenda. Councilmember
Barnett seconded. Motion passed unanimously, 4 -0.
IX. PUBLIC HEARINGS
Part I — Quasi - judicial
Vice Mayor Levy announced the procedures that would be followed in tonight's quasi -
judicial proceedings. The City Clerk swore in all those intending to offer testimony in any of
tonight's public hearings. The City Clerk read Resolution 38, 2008 by title.
a. Resolution 38, 2008 — Latitudes in the Gardens. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Art in Public Places for the Latitudes in
the Gardens commercial portion of the parcel 31.04 Mixed -Use Planned Community
Development (MXD /PCD), as described more particularly herein; providing a condition of
approval; and providing an effective date.
Vice Chair Levy opened the public hearing and asked for any ex parte communications, with
none being declared.
Mark Fuller, artist, representing Latitudes in the Gardens, stated the location, presented a
model of the sphere and described the materials to be used and the installation. In the event of
a storm the piece would be tethered to prevent movement. Councilmember Russo asked if
staff has reviewed the materials to be used to ensure it does not become an issue. Growth
Management Administrator Kara Irwin stated that as part of Code the maintenance is the
responsibility of the applicant. Councilmember Russo complimented the artwork.
Councilmember Barnett asked if there was a guarantee for a certain length of time. Growth
Management Administrator explained that it is private art and the City does not have a
warranty for it. Code requires maintenance by the owner. Vice Mayor Levy stated it will be
approved by a corrosion engineer and a structural engineer. Mark Fuller stated a corrosion
engineer is not needed since non - ferris metals are used. Vice Mayor Levy asked if the sphere
would attract lightening. Mark Fuller stated a ground strap can be added. The Art in Public
Places Advisory Board recommended approval by a vote of 6 -0. Vice Mayor Levy asked for
public comments. Pat Hughey was sworn in by the City Clerk.
Pat Hughey, Palm Beach Square, asked about the maintenance standards to be used for the
sphere and stated her concern for the maintenance of the artwork on the PGA Boulevard
flyover. Mark Fuller stated the Latitudes in the Gardens sphere will be maintained by the
owner. Councilmember Russo noted that the PGA Boulevard flyover art is being repaired.
Vice Mayor Levy closed the public hearing and brought the discussion back to the Council.
Motion
Councilmember Russo made a motion to approve Resolution 38, 2008. Councilmember
Barnett seconded. The motion was approved unanimously, 4 -0.
Vice Mayor Levy announced the Evaluation and Appraisal Report (EAR) -based amendments
and stated there are sign -in sheets at the front table for residents to provide their names and
addresses. Interested parties will receive the date and publication of the Notice of Intent by
the Department of Community Affairs. Vice Mayor Levy requested those who intend to speak
fill out a comment card and give it to the City Clerk.
Part II — Non - Quasi- judicial
a. Evaluation and Appraisal Report based Amendments (EAR) — Based Amendment
Workshop. City initiated workshop to present the EAR -based Comprehensive Plan
Amendments relative to Infrastructure, Coastal Management, Conservation, Recreation and
Open Space, Intergovernmental Coordination, Capital Improvements, Public Safety,
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Procedures for Accomplishing Monitoring and Evaluation Requirements, Public School
Facilities, and Economic Development. This session will outline the Comprehensive Plan,
Goals, Objectives and Policies staff recommends amending, and will include an executive
summary of each element.
Vice Mayor Levy opened the public hearing asked for the presentation.
Planning Manager Nilsa Zacarias stated the first part of the agenda was covered during the
May 15, 2008 meeting explaining the concept of the Comprehensive Plan, the process and the
principles on which the amendments are based. Tonight's presentation will focus on
Infrastructure, Coastal Management, Conservation, Recreation and Open Space. The objective
is a balanced community and sustainable Comprehensive Plan. The Going Green concept is
being embraced. The five elements of Infrastructure were presented. The proposed change is
to include the word "nonresidential" including commercial and industrial. Senior Planner
Stephen Mayer presented Coastal Management for development and re- development. New
policies will be added for hurricane, disaster preparedness, post- disaster procedures and will
enhance coordination efforts with the Palm Beach County School Board and other County
agencies for emergency management, evacuation and post- disaster procedures. Public safety
during evacuations to the coastal high- hazard area (CHHA) and hurricane vulnerability zone
will be included per State requirement. A map will be added to the Comprehensive Plan
illustrating the noted areas. Staff proposals for polices for an environmentally sustainable city
were explained. Adoption of green standards for City facilities were stated. In regards to
recreation and open space, staff is proposing to meet the needs of all City residents. Changes
to park standards and sizes were explained. Open space is being proposed as a category and
will include golf courses and linear parks. The proposed 2010 study is to review the Impact
Fee Program, which was explained, and to reassess the City's Level of Service (LOS). An
overall Recreation Facilities Master Plan is proposed for 2012, which will assess all of the
City's recreation needs.
Councilmember Russo asked about the recreation standard of 3.7 and implementing impact
fees immediately to maintain the standard of 7 we presently have. Planning Manager Zacarias
stated the LOS can be reviewed as soon as possible. Vice Mayor Levy and Councilmember
Barnett stated their support for implementing impact fees now.
Senior Planner Mayer continued the presentation with the Intergovernmental Agreements
element, which includes coordinating proportionate Fair Share Agreements regarding
transportation, collaboration with transportation planning efforts, collaboration with the
School Board regarding safety issues for the areas surrounding schools and add maintaining
the high quality of neighborhood aesthetics. The Capital Improvements policy was reviewed
including proposing new City building impact fees.
Councilmember Barnett would like to add an objective to protect the public schools from
having external signage that negatively affects the surrounding neighborhoods, such as the
problem in Boca Raton. City Manager Ferris agreed and suggested looking at the
Comprehensive Plan and Land Development Regulations (LDR). Planning Manager Zacarias
stated "maintain high quality of neighborhood aesthetics" has been added as a general policy.
The Public Safety Element is not required by Florida Statutes, but has been adopted by the
City to coordinate with new developments. The Fire Rescue LOS and Police Department LOS
were presented as well as future impacts. Sustainable Economic Development was discussed.
Councilmember Barnett cited Economic Development page 13 -2, sections 13.1.2.1 and
13.1.2.2 both provide help for small, minority and women -owned businesses. The second
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policy does not include women -owned businesses. Planning Manager Zacarias will add the
term.
Planning Manager Zacarias reviewed the dates and the groups to whom the EAR has been and
will be presented. The Department of Community Affairs (DCA) will provide its comments
within 50 days and final adoption is scheduled for February 2009. Planning Manager Zacarias
stated the existing Comprehensive Plan is very good. The City is beautiful. The present effort
is to make it sustainable for the next seven years and set new goals.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated she has attended the
other EAR presentations and asked if this was adopted by the City Council in August 2006
and was found sufficient and satisfactory by the DCA in February 2007, why it is still being
amended. Ms. Chaplik suggested care be taken with Western development because of the
impact on services, she also stated the City is pro- active on workforce housing. Planning
Manager Zacarias explained the process of the seven -year update of the EAR. After the EAR
was approved was when the amendment to the Comprehensive Plan began. The differences
between the EAR and the Comprehensive Plan were explained. Vice Mayor Levy stated the
Councilmembers are also concerned about Western growth and annexation. Vice Mayor Levy
closed the public hearing.
X. RESOLUTIONS
The City Clerk read Resolution 33, 2008 by title.
a. Resolution 33, 2008 — Updating the Schedule of Fees and Charges for various services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida updating the
schedule of fees and charges for various services rendered by the City of Palm Beach Gardens
for its citizens and other members of the public for fiscal Years 2007/2008 and 2008/2009;
and providing an effective date.
Finance Administrator Allan Owens presented the annual process for proposed changes to the
current fees and charges. A cost analysis was done comparing Palm Beach Gardens to other
local municipalities. Earlier this year a team was assembled to review the process with a goal
to streamline and simplify it. Finance Administrator Owens stated the proposed fees for the
Building Department, Engineering, Planning and Zoning, Neighborhood Services Division,
Finance, Police Department, Fire Department and Parks and Recreation. Staff recommends
implementation on July 1, 2008, remaining in effect for the October 1, 2008 — September 30,
2009 fiscal year. Staff recommends approval of Resolution 33, 2008.
Councilmember Barnett asked for the overall percentage for fee increases. She noted the
increased fees affect small business owners and residents. Councilmember Russo stated his
objection to the administrative fee for licensing. Finance Administrator Owens clarified the
administrative fee is only for first time applicants. Councilmember Barnett objected to the
Release of Lien fee of $100.00. City Manager Ferris stated the cost for the process of Release
of Lien is more than $100.00. City Manager Ferris stated this is part of the cost recovery
approach. Councilmember Barnett asked for clarification of the amount of $4,000,000.00.
Finance Administrator Owens explained the $2,300,000.00 loss is from ad valorem taxes and
$1,400,000.00 is from other revenue sources totaling almost $4,000,000.00. City Manager
Ferris stated further information will be provided Monday (June 9, 2008). Councilmember
Russo stated the added loss of value is significant. Councilmember Premuroso requested
clarification on the Pre - infrastructure Review Fee. Growth Management Administrator
explained the $5,000.00 is a fee for staff and the $10,000.00 is the security deposit to pay the
consultant. The process establishes who has financial responsibility for paying the bills. Vice
Mayor Levy stated it is June 5, 2008 and the Resolution would take effect July 1, 2008 and he
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believes the community needs notification of the upcoming changes. Councilmember Russo
stated is support for Resolution 33, 2008.
Motion
Councilmember Russo made a motion for the adoption of Resolution 33, 2008.
Councilmember Barnett seconded. The motion was approved unanimously, 4 -0.
XI. ORDINANCES (For Consideration on First Reading)
None.
XII. ITEMS FOR COUNCIL ACTION /DISCUSSION
Vice Mayor Levy stated the Palm Beach Post reported the Department of Environmental
Protection is requesting that all owners of older homes be required to get a backflow preventer
at a cost of $500.00 and $60.00 per year inspection fee. A backflow preventer is to protect
against back contamination from across lines, which is very rare and not worth the cost. Vice
Mayor Levy asked permission from City Council to bring the issue up at the next League of
Cities meeting he attends to see if something can be done at that level.
XIII. CITY ATTORNEY REPORT
None.
(The remainder of this page intentionally left blank.)
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XIV. ADJOURNMENT
There being no further business to come before the Council, Councilmember Russo made a
motion to adjourn. Councilmember Barnett seconded. Motion carried unanimously, 4 -0. The
meeting was adjourned at 9:22 p.m. The next regularly scheduled City Council meeting will
be held June 19, 2008.
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
Jody B tt, Councilmember
Robert G. Premuroso, Councilmember
Note: These summary 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.
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