HomeMy WebLinkAboutMinutes Council 061908I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 JUNE 19, 2008
6 The June 19, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:03 p.m. in the Council Chambers of the Municipal Complex,
8 located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin.
9 I. PLEDGE OF ALLEGIANCE
10 II. ROLL CALL
11 The City Clerk called the roll and the following elected officials were found to be in
12 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
13 Councilmember Jody Barnett and Councilmember Robert Premuroso.
14 III. ADDITIONS, DELETIONS, MODIFICATIONS
15 Additions
16 Resolution 56, 2008 — Approval of Contract Award to Rosso Paving_ and Drainage. A
17 Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a
18 contract to Rosso Paving and Drainage, Inc., for intersection improvements at Kyoto Gardens
19 Drive and Alternate AIA in the amount of $158,545.00; authorizing the Mayor to execute the
20 contract; providing an effective date and for other purposes.
21 Motion
22 Vice Mayor Levy made a motion to approve the addition as read into the record by Mayor
23 Jablin. Councilmember Barnett seconded. The motion carried unanimously, 5 -0.
24 Deletions — None.
25 Modifications — None.
26 IV. ANNOUNCEMENTS AND PRESENTATIONS
27 a. Citizen Award to David Baron (in recognition of his heroic efforts rescuing a toddler).
28 Mayor Jablin presented a Certificate of Heroism from the Palm Beach Gardens Police
29 Department to David Baron in recognition of his efforts rescuing Morgan Scott, 3 years old,
30 from an escalator on March 12, 2008.
31 b. Mayor Jablin presented the Linda Schutte Lifetime Achievement Award to Deputy Chief
32 of Operations C.R. Brown.
33 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
34 Vice Mayor Levy reported attending a League of Cities board meeting where legislation
35 sponsored by Senator Aronberg requiring juveniles to wear a helmet while horseback riding
36 was discussed and backflow preventers has been referred to the Environmental Committee for
37 action. At the June 16, 2008 Parks and Recreation Advisory Board (RAB) park construction
38 was discussed and summer camp has begun and is going well. The Hazardous Material
39 Oversight Committee met and the Mercury Standard Operating Guidelines (SOG) and
40 Quarterly Response Report were discussed. The City of Boca Raton will host the ToxMedic
41 Training Course. Mayor Jablin thanked Kristen Carr for her letter to City Manager Ferris
42 thanking the City for its quick response in cleaning the streets following a storm and also
43 thanked Public Works for their quick response. Mayor Jablin reported a meeting with Andrew
44 Mandel, known as Mr. Diabetes, who is walking around the United States to bring attention to
45 the disease. Mayor Jablin gave Mr. Mandel a commemorative pin for his collection.
46
47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
06.19.08
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
V. CITY MANAGER REPORT
a. City Manager Ron Ferris reported meeting with Councilmembers regarding the future
ramifications of setting the millage rate for fiscal year 2008 -2009. The budget and tentative
millage rate will be set at the July 17, 2008 City Council meeting.
Finance Administrator Allan Owens stated the ramifications of the millage rate set for fiscal
year 2008 -2009 in coming years. Three scenarios for different millage rates on homesteaded
and non - homesteaded properties and their effects were explained. Staff recommends the third
scenario with a 5.35 millage rate. City Council acknowledged meeting with staff to review the
memo. Mayor Jablin stated the tentative millage rate will be set at the July 17, 2008 meeting
and can be lowered, but not increased, when the final rate is set in September. He asked
Councilmembers for their comments to give staff direction in preparing the final budget and
to be specific about where they want the cuts to come from. Councilmember Barnett asked
how the City Council can set the millage rate when they have not seen the backup data to
make up the rate. Mayor Jablin stated there is ample time throughout the process to meet with
City Manager Ferris and Finance Administrator Owens and ask specific questions establishing
where the money would come from. Councilmember Barnett stated she understood that all
Councilmembers want to see the millage rate remain stable. Councilmember Russo stated he
did not remember giving such direction nor does he remember going through this process to
set a tax rate in past years. He stated his views on the three tax rate scenarios. Councilmember
Russo would like to see the millage rate lower than 5.35, but keep the City fiscally sound.
Vice Mayor Levy stated he does not want to set an artificially low millage rate today and then
require a supermajority vote to meet fiscal requirements in years to come. He stated his
concerns about using reserve funds if the rate is too low and does not like the high rate either
but is more comfortable with 5.35 as the maximum tentative millage rate. Councilmember
Premuroso stated he does not like either the high or low rates and prefers the 5.35 as the
starting point, but it should be lower at the end. Councilmember Premuroso objected to using
reserve funds for operating expenses. Councilmember Barnett stated she found staff s process
interesting and would suggest City Council do the same and start at 5.10 and add if necessary.
Councilmember Russo stated that once the tax rate is set it cannot be raised. He disagreed
with using the 5.10 rate scenario because it depletes reserve funds. Councilmember Russo
stated he agrees with Councilmember Premuroso. Mayor Jablin stated direction to the City
Manager should be to use the 5.35 tentative tax rate but look at the 5.10 tax rate to determine
what cuts would have to be made without depleting reserve funds. Councilmember Russo
stated he may be unable to attend the July 17, 2008 City Council meeting, but does want to
see the millage rate stay where it is now. Councilmember Barnett stated she thought the rates
had been discussed. Discussion about the tentative millage rate ensued with agreement that
the tentative millage rate would be 5.35 with the goal of setting the lowest millage rate
possible.
VII. COMMENTS FROM THE PUBLIC
Barbara Allan, PGA Corridor Association, Palm Beach Gardens, stated the importance of the
relationship between businesses and residents.
Rick Ford, Floridians for Healthcare, requested Mayor Jablin's co- sponsorship of HR 676
(Healthcare) being presented by Mayor Lois J. Frankel (West Palm Beach) at the Conference
of Mayors this weekend. Mr. Ford stated he brought information last Thursday for the City
Council's review before tonight's meeting, which apparently had not been distributed. He did
give each Councilmember a brochure. City Manager Ferris stated the package is for backup in
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
06.19.08
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
the event that the item made the agenda. It did not make the agenda but the packages can be
sent.
Pat Hughey, Palm Beach Square, Palm Beach Gardens, requested traffic control by extending
the time allotted at pedestrian crossings and requested information regarding the 2009 City
birthday celebration.
Councilmember Barnett requested the City Manager ensure that information received for City
Council consideration be passed to the members so they can be prepared. City Manager Ferris
stated the information is included in the packets provided to Councilmembers when matters
come before the Council and this item did not make it on to the agenda. Councilmember
Russo stated he would like to wait until the report is received at the same time as the
materials.
Bob Brockman, 9657 Ilex Circle South, Palm Beach Gardens, stated his concern about
landscaping around the new schools. Councilmember Premuroso asked if the City has the
final school plans. City Manager Ferris stated the City does have the final plans and there are
landscape requirements, which are minimal.
Eileen Tucker, Shady Lakes, Palm Beach Gardens, thanked City Manager Ferris for his reply
to her previous questions and asked for a workshop.
Roger Balangy, 11658 Hemlock Street, Palm Beach Gardens, read a letter regarding the
Florida East Coast (FEC) license agreement.
Terence Brady, 4409 Lacey Oak Drive, Palm Beach Gardens, representing the Palm Beach
Gardens Coalition, stated he requested a meeting with City Manager Ferris and received an e-
mail denying his request. City Manager Ferris cited a letter written by Eileen Tucker, with a
copy given to Mr. Brady, and explained that Ms. Tucker was not yet ready to meet to discuss
the letter and Mr. Brady will be invited when a meeting is scheduled.
Craig Gerlach, 4687 Holly Drive, Palm Beach Gardens, stated his views regarding the budget
and essential services.
VIII. CONSENT AGENDA
a. Approve Minutes from May 1, 2008 City Council Budget Workshop meeting.
b. Approve Minutes from May 1, 2008 Regular City Council meeting.
c. Approve Minutes from May 14, 2008 City Council Town Hall meeting.
d. Approve Minutes from May 15, 2008 City Council Budget Workshop meeting.
e. Resolution 46, 2008 — Addenda to Standby greements for Disaster Recovery Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
renewal of the Standby Disaster Recovery Services Agreements with Ceres Environmental
Services, Inc., and Asbritt, Inc.; authorizing the Mayor to execute the renewals; providing an
effective date; and for other purposes.
Motion
Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember Russo
seconded. The motion passed unanimously, 5 -0.
IX. PUBLIC HEARINGS
Part I — Quasi - judicial
Mayor Jablin 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 39, 2008 by title.
a. Resolution 39, 2008 — Amendment to Restrictive Covenant. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Amendment to the
Recorded Restrictive Covenant for Retail Building 2 within Parcel 27.05/27.06 located at
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
06.19.08
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
2845 PGA Boulevard within the Regional Center Development of Regional Impact (DRI);
providing an effective date; and for other purposes.
Mayor Jablin opened the public hearing and requested ex parte communications, with none
being declared.
Mike Sanchez, Johnston Group Land Development Consultants, gave a brief history of the
site and presented a proposed amendment to a restrictive covenant that encumbers the
building located at 2845 PGA Boulevard, formerly occupied by La -Z -Boy and Bombay
companies, to allow office uses. Growth Management Administrator Kara Irwin stated the
proposed amendment does not take away the provision for exclusive specialty retail, but does
allow the building to be used for office space. Staff supports the amendment.
Councilmember Barnett asked if the amendment changes the agreement regarding the
covenant and the covenant stays with the land. Growth Management Administrator Irwin
stated there is no previous Resolution for the covenant; it was just a request that the applicant
provide a restrictive covenant, which they did. The covenant exists and we are agreeing to
amend it. Councilmember Barnett asked how parking is affected on the parcel. Growth
Management Administrator Irwin stated the approved uses for the site do not increase.
Councilmember Russo asked if a medical office is allowed. Growth Management
Administrator Irwin stated they can only provide what they have parking for.
Mayor Jablin opened the public hearing. With no one wishing to speak Mayor Jablin closed
the public hearing and brought Resolution 39, 2008 back up to City Council.
Motion
Vice Mayor Levy made a motion for adoption of Resolution 39, 2008. Councilmember Russo
seconded. The motion passed unanimously, 5 -0.
Part II — Non - Quasi - judicial
The City Clerk read Resolution 42, 2008 by title.
a. Resolution 42 2008 — Appointment of regular and alternate members to the Art in Public
Places Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the appointment of regular and alternate members to the Art in Public
Places Advisory Board; providing an effective date; and for other purposes.
Mayor Jablin recommended appointment of Cable Neuhaus and Jennifer O'Brien as regular
members, David Porter, 1 st Alternate and Susan Tornabene, 2nd Alternate to the Art in Public
Places Advisory Board.
Motion
Councilmember Russo made a motion for approval of Resolution 42, 2008. Vice Mayor Levy
seconded. The motion passed unanimously, 5 -0.
The City Clerk read Resolution 47, 2008 by title.
b. Resolution 47, 2008 — Appointment of regular and alternate members to the Parks and
Recreation Advisory Board. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the appointment of regular and alternate members to the Parks
and Recreation Advisory Board; providing an effective date; and for other purposes.
Vice Mayor Levy recommended appointment of William Sonnenreich as a regular member,
William Olsen as 1 st Alternate and Scott Smith as 2nd Alternate to the Parks and Recreation
Advisory Board.
Motion
Vice Mayor Levy made a motion for approval of Resolution 47, 2008. Councilmember Russo
seconded. The motion passed unanimously, 5 -0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
06.19.08
I The City Clerk read Resolution 50, 2008 by title.
2 c. Resolution 50, 2008 — Appointment of regular and alternates to the Planning, Zoning &
3 Appeals Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
4 approving the appointment of regular and alternate members to the Planning, Zoning &
5 Appeals Board; providing an effective date; and for other purposes.
6 Mayor Jablin recommended Joy Hecht's appointment as a regular member, Amir Kanel as 1 st
7 Alternate and Donald Krzan as 2nd Alternate to the Planning, Zoning & Appeals Board.
8 Motion
9 Councilmember Barnett made a motion for approval of Resolution 50, 2008. Councilmember
10 Russo seconded. The motion passed unanimously, 5 -0.
11 The City Clerk read Resolution 49, 2008 by title.
12 d. Resolution 49, 2008 — Appointment of regular and alternate members to the Community
13 Aesthetics Board. A Resolution of the City Council of the City of Palm Beach Gardens,
14 Florida approving the appointment of regular and alternate members to the Community
15 Aesthetics Board; providing an effective date; and for other purposes.
16 Councilmember Barnett recommended James Griffith's appointment as a regular member,
17 Mark Lenow as 1 st Alternate and Lynn Silber as 2nd Alternate to the Community Aesthetics
18 Board.
19 Motion
20 Councilmember Barnett made a motion for approval of Resolution 49, 2008. Vice Mayor
21 Levy seconded. The motion passed unanimously, 5 -0.
22 The City Clerk read Resolution 53, 2008 by title.
23 e. Resolution 53, 2008 — Reestablishing the Budget Oversight Committee. A Resolution of
24 the City Council of the City of Palm Beach Gardens, Florida re- establishing the Budget
25 Oversight Committee; providing a purpose, powers and duties, membership, and meetings;
26 providing an effective date; and for other purposes.
27 Motion
28 Councilmember Russo made a motion for approval of Resolution 53, 2008. Vice Mayor Levy
29 seconded. The motion passed unanimously, 5 -0.
30 The City Clerk read Resolution 51, 2008 by title.
31 £ Resolution 51, 2008 — Appointment of regular member to the Budget Oversight
32 Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
33 approving the appointment of a regular member to the Budget Oversight Committee;
34 providing an effective date; and for other purposes.
35 Councilmember Premuroso recommended Kenneth Menard's appointment as a regular
36 member to the Budget Oversight Committee.
37 Motion
38 Councilmember Premuroso made a motion for approval of Resolution 51, 2008.
39 Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
40 The City Clerk read Resolution 48, 2008 by title.
41 g. Resolution 48, 2008 — Insurance policy renewal. A Resolution of the City Council of the
42 City of Palm Beach Gardens, Florida to renew insurance policies for Property, Casualty,
43 Public Officials, and related insurance from Preferred Governmental Insurance Trust;
44 authorizing the Mayor to execute the contract; providing an effective date; and for other
45 purposes.
46 Finance Administrator Allan Owens stated the renewal quote for fiscal year 2008 -2009 is
47 $705,593.00, a savings of $97,000 from the 2007 -2008 fiscal year. The current rate will be
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
06.19.08
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
31
32
33
34
35
36
37
38
39
40
41
42
cancelled for July, August and September 2008 and the new rates applied resulting in a
savings of $20,414.00 for a total savings for the 15 -month period of $117,414.00. Worker's
Compensation rates have not been finalized and will come back before City Council for
consideration in the near future. Staff recommends approval of Resolution 48, 2008.
Motion
Councilmember Russo made a motion for approval of Resolution 48, 2008. Vice Mayor Levy
seconded. The motion was approved unanimously, 5 -0.
The City Clerk read Resolution 56, 2008 by title.
h. Resolution 56, 2008 — Approval of Contract Award to Rosso Paving and Drainage. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a
contract to Rosso Paving and Drainage, Inc., for intersection improvements at Kyoto Gardens
Drive and Alternate AlA in the amount of $158,545.00; authorizing the Mayor to execute the
contract; providing an effective date and for other purposes.
Construction Services Director Todd Engle described the background of the Kyoto Gardens
Drive and Alternate AIA project. The bids were opened on June 9, 2008 and Rosso Paving
and Drainage, Inc. was the low bidder. The timeline is 75 days for final completion. Staff
recommends approval of Resolution 56, 2008. Rosso Paving and Drainage, Inc. was a
subcontractor on the MacArthur Boulevard project.
Motion
Vice Mayor Levy made a motion for approval of Resolution 56, 2008. Councilmember Russo
seconded. The motion was approved unanimously, 5 -0.
XI. ORDINANCES (For Consideration on First Reading)
None.
XII. ITEMS FOR COUNCIL ACTION /DISCUSSION
Mayor Jablin reported on the 50th anniversary celebration planning. The City has budgeted
$0, having removed it from the budget last year. Mayor Jablin has been talking to local
businesses and it appears that they will provide funding. The cost is undetermined at this time.
The timeframe for the major celebration is tentatively planned for January 16 -19.
Councilmember Russo stated he believes the celebration should start on the 50th anniversary
and go on through the year and he does not believe it should be a marketing event. Mayor
Jablin explained they would like to do cross - marketing with The Honda Classic in the spring.
Mayor Jablin stated they would like to capture the seasons and no one will be here during the
summer. Vice Mayor Levy stated he thinks the businesses need an economic boost. The
Historical Society wants to produce a DVD showcasing the history of Palm Beach Gardens.
Councilmember Premuroso stated he believes starting in the early part of the year is good
because the seasonal people will be here. Mayor Jablin stated the major retail supporters are
The Gardens Mall, Downtown at the Gardens, Legacy Place, Midtown and The Commons.
The PGA Corridor Association and the Chamber of Commerce will participate. The kickoff
event will honor past Mayors and Councilmembers.
XIII. CITY ATTORNEY REPORT
None.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6
06.19.08
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
XIV. ADJOURNMENT
There being no further business to come before the Council, Vice Mayor Levy made a motion
to adjourn. Councilmember Russo seconded. The motion carried unanimously, 5 -0. The
meeting was adjourned at 9:01 p.m. The next regularly scheduled City Council meeting will
be held July 17, 2008.
APPROVED:
ATTEST:
'604'� '0�4
Patricia Snider, CMC
City Clerk
David Levy, Vi
Joseph'usso, Councilmember
v
Jody Ba 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.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06.19.08
PAGE 7