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HomeMy WebLinkAboutMinutes Council 071708I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 JULY 17, 2000 6 The July 17, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens, 7 Florida, was called to order at 7:04 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 H. ROLL CALL II The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Eric Jablin, Vice Mayor David: Councilmember Joseph Russo, 13 Councilmember Jody Barnett and Councilmember Robert Premuroso. 14 III. ADDITIONS, DELETIONS, MODIFICATLONS 15 Additions 16 Announcements and Presentations — Presentation by Police Chief Stephen Stepp honoring 17 retiring Sergeant Jay Wilber. Mayor Jablin asked to reorder the agenda placing Chief Stepp's 18 presentation first. 19 Motion 20 Vice Mayor Levy made a motion to approve the addition as read into the record by Mayor 21 Jablin. Councilmember Russo seconded. The motion carried unanimously, 5 -0. 22 Deletions — None. 23 Modifications — None. 24 IV. ANNOUNCEMENTS AND PRESENTATIQNS 25 a. Chief of Police Stephen Stepp gave a presentation honoring retiring Police Sergeant Jay 26 Wilber after 24 years of service. Chief Stepp presented Sergeant Wilber's retirement 27 identification, shield and wallet. Mayor Jablin thanked Sergeant Wilber for his years of 28 service and presented him with a commemorative plaque. 29 b. Mayor Jablin introduced the presenters for the Florida Department of Transportation 30 Overview, Public Information Officer Alicia De Fago; I -95 High- Occupancy Vehicle (HOV) 31 Expansion Project and PGA Boulevard Utility Coordinator Pat Kennedy; Project 32 Administrator I -95 HOV Expansion Project from Donald Ross Road to SR706/Indiantown 33 Road Dan Barbato; Project Administrator, I -95 HOV Expansion Project Greg Landgraf; 34 Acting Operations Engineer Paul Blanchard and Designer of Record Keith Krieger of 35 Kimley -Horn & Associates. Ms. De Fago explained the work to be done during the I -95 36 Expansion Project. Councilmember Russo stated there can be no road closures during the 37 Honda Classic. Mayor Jablin asked about pile driving with regard to the North County 38 SurgiCenter and the Medical Mall. Pat Kennedy stated contractors are required to monitor the 39 vibrations of any pile driving activities to protect existing structures and will notify any 40 medical plaza of any activity. Sound walls will be installed at designated locations of 41 Westwood Gardens and Garden Lakes. 42 c. Finance Administrator Allan Owens stated the two-fold purpose of Resolution 54, 2008 is 43 to establish the maximum tentative millage rates of 5.200 for operating and 0.149 for debt 44 service and establish the date and time for the first public hearing. Finance Administrator 45 Owens recommends September 4, 2008 at 7:00 p.m, for the first hearing and September 18, 46 2008 at 7:00 p.m. for the second. The Palm Beach County Tax Appraiser sent the final 47 numbers, which were higher than the preliminary numbers. In formulating the proposed CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 07.17.08 I budget document the proposed maximum operating millage rate of 5.35 could be lowered to 2 5.200. Finance Administrator Owens explained the impact of the new tax legislation. The 3 2008 -2009 draft budget was distributed to City Council, the Budget Oversight Committee 4 (BOC) and placed on the City website. Staff recommends a maximum operating rate of 5.200 5 and debt millage of 0.149. 6 d. County Commissioner Karen Marcus was thanked for attending tonight's meeting. 7 Councilmember Barnett described the County -owned District Park, its location, history and 8 the proposal for its purchase by the City of Palm Beach Gardens. Councilmember Russo 9 explained the purchase of the land by Palm Beach County. Councilmember Russo questioned 10 where the money would come from because of the current tax situation and stated that voters 11 had previously turned down the purchase of this land. Councilmember Barnett questioned the 12 $8.7 million dollar purchase price shown on- screen because that was for a construction plan 13 that is not being considered now and stated she believed the purchase price would be under to 14 $4.5 million. Councilmember Barnett stated her concern that the opportunity will not come 15 again. Councilmember Russo stated his concern for the timing and agreed that the opportunity 16 will not come again. Vice Mayor Levy stated his concern for the current medium density 17 development zoning and asked if the County can sell the property for development. County 18 Commissioner Marcus stated if there was an approval with Palm Beach Gardens the zoning 19 would be park and recreation and the underlying residential land use would be taken away. If 20 Palm Beach Gardens does go forward with the purchase there will be a deed restriction 21 keeping the land for conservation. Vice Mayor Levy inquired about the possibility of sharing 22 costs with the Palm Beach County School Board because they have two schools across the 23 street. Mayor Jablin stated this is a great deal and the financing is difficult at this time, but not 24 impossible. Commissioner Marcus stated the payment could take place over a three -year 25 period. Councilmember Barnett stated her views favoring the purchase. Mayor Jablin stated 26 the possible use of part of the property for a school for autistic children and setting aside a 27 parcel for future use by City Council. Councilmember Russo asked the date for putting the 28 purchase on the ballot for a referendum. City Manager Ferris stated it would have to be 29 finalized by August 22, 2008. Councilmember Barnett stated time is needed for 30 Commissioner Marcus' staff and our staff to work together for budget planning. 31 Councilmember Premuroso stated he does not believe that purchase and construction costs 32 together at this time are possible. He is in agreement with Councilmember Russo about 33 putting a referendum on the November ballot. Mayor Jablin asked Commissioner Marcus if 34 there is enough time for her staff and City staff to work the purchase details out. 35 Commissioner Marcus stated she does not believe there is enough time. Mayor Jablin 36 suggested staff be directed to develop wording for a November ballot referendum. 37 Commissioner Marcus stated the County's interest in keeping the land for preservation. 38 Councilmembers were in agreement to for a referendum to be placed on the November ballot. 39 V. ITEMS OF RESIDENT INTEREST AND IJOARD /COMMITTEE REPORTS 40 Councilmember Premuroso thanked Fire Chief Pete Bergel for attending the BOC meeting 41 and explaining his proposed cost recovery plan. Councilmember Russo congratulated Chris 42 Volstad on signing with the Florida Marlins baseball team. Vice Mayor Levy reported the 43 Palm Beach Gardens Kiwanis Club annual Football Roast will take place at the Marriott 44 August 15, 2008 at 11:00 a.m. Councilmember Barnett asked staff to pay particular attention 45 to Callery-Judge because of the possible effects on Palm Beach Gardens. Mayor Jablin 46 reporting attending the Metropolitan Planning Organization (MPO) meeting where the 47 resurfacing of PGA Boulevard from Ryder Cup Boulevard to the Beeline Highway scheduled CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 07.17.08 I for 2010 at a cost of $2 million was discussed. The road needs to be raised because the South 2 Florida Water Management District will be raising the level of the C -18 canal so repaving 3 before that time is being reconsidered. The Florida Turnpike Enterprise is considering an 4 interchange at either Donald Ross Road or Hood Road to help relieve traffic congestion on 5 PGA Boulevard. The Turnpike Enterprise does not believe an interchange at Donald Ross 6 Road will work but Hood Road is possible. An engineering study will be done. 7 VI. CITY MANAGER REPORT 8 None. 9 VII. COMMENTS FROM THE PUBLIC 10 Roger Blangy, 11658 Hemlock Street, Palm Beach Gardens, read a letter he sent to the 11 Interim City Attorney regarding the Florida East Coast (FEC) Railroad crossing at Kyoto 12 Gardens Drive. 13 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated she is a member of the 14 Parks and Recreation Advisory Board (RAB) and they wanted the District Park to be a 15 passive park. Ms. Chaplik stated she is in favor of holding the land and maintaining it as a 16 passive park. 17 Suzanne Archer, 3187 -B Gardens East Drive, Palm Beach Gardens, discussed questions 18 regarding Notices of Commencement for work done at Sandalwood. 19 Letter from Pat Hughey, Palm Beach Square, Palm Beach Gardens read into the record by 20 Mayor Jablin thanked Michael Morrow for helping to get the crosswalk crossing time 21 extended by seven seconds at the Northlake Boulevard and Military Trail intersection. 22 VIII. CONSENT AGENDA 23 a. Approve Minutes from May 15, 2008 Regular City Council meeting. 24 b. Resolution 45, 2008 — Interlocal Agreement with 'Solid Waste Authority. A Resolution of 25 the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal 26 Agreement with the Solid Waste Authority of Palm Beach County for the delivery of 27 Municipal Solid Waste to designated facilities and for a Municipal Recycling Program; 28 providing an effective date; and for other purposes.. 29 c. Proclamation — Declaring July as Parks and Recreation Month. 30 Motion 31 Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember Russo 32 seconded. The motion passed unanimously, 5 -0. 33 IX. PUBLIC HEARINGS 34 Part I — Quasi-judicial 35 Mayor Jablin announced the procedures that would be followed in tonight's quasi-judicial 36 proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight's 37 public hearings. The City Clerk read Resolution 41, 2008 by title. 38 a. Resolution 41, 2008 — Art in Public Places. A Resolution of the City Council of the City 39 of Palm Beach Gardens, Florida approving the Art in Public Places for the Christ Fellowship 40 North Campus Planned Unit Development (PUD), as described more particularly herein; 41 providing a waiver; providing conditions of approval; providing an effective date; and for 42 other purposes. 43 Mayor Jablin opened the public hearing and requested ex parte communications, with Mayor 44 Jablin stating he is the Council Liaison to the Art in Public Places (AIPP) Advisory Board and 45 has seen the presentation. 46 Donaldson Hearing, Cotleur & Hearing, representing Christ Fellowship, gave a presentation 47 describing the proposed art, its location, site plan and some of artist Richard Carver's other CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 07.17.08 I projects. On March 18, 2008 the AIPP approved the recommendation to City Council of the 2 art. A waiver for specific lighting on the art is requested because of the restriction that 3 requires lighting in the area to be dimmed by 10:00 p.m. The cost of the project is 4 $159,000.00. 5 Vice Mayor Levy complimented the art and stated it is the piece about which he has been 6 most excited during his time on the City Council. Councilmember Russo asked if it is 7 "hurricane proof." Donaldson Hearing stated at 10,000 pounds it won't move. 8 Councilmember Russo stated he likes the piece. Mayor Jablin stated it is a beautiful piece. 9 Mayor Jablin stated this is a public hearing and invited those wishing to speak to come 10 forward. With no one wishing to speak Mayor Jablin closed the public hearing and brought 11 Resolution 41, 2008 back up to City Council. 12 Motion 13 Vice Mayor Levy made a motion for adoption of Resolution 41, 2008. Councilmember 14 Barnett seconded. The motion passed unanimously, 5 -0. 15 The City Clerk read Resolution 43, 2008 by title. 16 b. Resolution 43, 2008 — Amending the Paloma Planned Unit Development. A Resolution of 17 the City Council of the City of Palm Beach Gardens; Florida amending the Paloma Planned 18 Unit Development (PUD), generally located South of Mood Road, West of Military Trail, East 19 of Central Boulevard, Parcel 31.04 (MXD), and Interstate Highway 95, and North of the 20 Sabal Ridge Planned Unit Development (PUD), as described more particularly herein, to 21 modify a condition of approval, to delete the six -foot clear zone requirement, and add signage 22 at the three main entrances; providing waivers; providing for conditions of approval; 23 providing an effective date; and for other purposes. 24 Mayor Jablin opened the public hearing and requested ex parte communications. Mayor Jablin 25 stated he had a brief conversation with Anne Booth this afternoon. 26 Anne Booth, Urban Design Studio, representing the Paloma community, described the 27 location of the property and presented the three items for approval being requested: 1) remove 28 the requirement for the six -foot clear zone between the single - family homes; 2) request 29 approval to allow project signage to be allowed on both sides of the street and 3) request the 30 removal of the requirement to provide pedestrian lighting along Hood Road. Councilmember 31 Premuroso asked if the Crime Prevention Through Environmental Design (CPTED) standards 32 are being impacted by the lack of lighting at the North end. Ms. Booth explained the lights 33 have been purchased and were ready for installation when they found that all avenues for 34 permits had been exhausted and the County would not agree to their installation. Vice Mayor 35 Levy inquired about maintaining the six -foot open space between houses. Ms. Booth stated 36 the areas are platted and there is a provision on the pl *t requiring that they remain open space. 37 Nothing can be constructed. They are not part of the individual homeowner's lot. 38 Councilmember Barnett asked if there are fences and gates in the back. Ms. Booth stated that 39 not all yards have fencing — only those with opens pools without screen enclosures have 40 fencing. It is the homeowner's choice if they want a fence without a pool. Councilmember 41 Russo inquired if the open space between homes would allow access for pool building 42 equipment. Ms. Booth explained there is adequate space. Councilmember Russo stated this 43 standard has been in place and used in different communities and asked why staff is changing 44 its position now. Growth Management Senior Planner Stephen Mayer stated the applicant has 45 demonstrated that there is access to the 20 -foot water management easement through the open 46 areas and they would not be changed. At this time the waiver request was re- evaluated and 47 accepted. Growth Management Administrator Kara Irwin explained the concern was always CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 07.17.08 I for access to the lake area for maintenance and that has been addressed. Conversation 2 regarding control of what can be placed in the six -foot clear zones continued. It was 3 established that owners can take fences down for access to build a pool. Vice Mayor Levy 4 agreed to the waiver. Mayor Jablin asked if staff agrees with the request for the waiver. 5 Growth Management Administrator Irwin stated she does. 6 Mayor Jablin stated this is a public hearing and invited those wishing to speak to come 7 forward. With no one wishing to speak Mayor Jablin closed the public hearing and brought 8 Resolution 43, 2008 back up to City Council. 9 Motion 10 Vice Mayor Levy made a motion for adoption of Resolution 43, 2008. Councilmember Russo 11 seconded. The motion passed unanimously, 5 -0. 12 The City Clerk read Resolution 52, 2008 by title. 13 c. Resolution 52, 2008 — Amending Resolution 57, 2007. A Resolution of the City Council 14 of the City of Palm Beach Gardens, Florida amending Resolution 57, 2007, relating to the 15 approximately 30 -acre RCA Center Planned Unit Development (PUD) (a.k.a. "Parcel 5B "), 16 located generally at the Southeast corner of PGA Boulevard and RCA Boulevard, as more 17 particularly described herein, to allow minor changes to the approved signage plan; providing 18 an additional waiver; providing an effective date; and for other purposes. 19 Mayor Jablin opened the public hearing and requested ex parte communications. Mayor Jablin 20 stated he may have heard something several weeks ago. 21 Donaldson Hearing, Cotleur & Hearing, representing Seaside National Bank, introduced the 22 Palm Beach Gardens President, Tim Goering. Donaldson Hearing presented the history of 23 Seaside National Bank, the mixed -use development, and explained the two signage waivers 24 being requested for identification and for wayfinding: 1) tenant identification sign and 2) 25 second floor sign. Tim Goering stated he is a longtime Palm Beach Gardens resident, is 26 involved in the community and chose Palm Beach Gardens for the bank because it has been 27 built into a fine City. Growth Management Administrator Irwin explained that Code allows 28 for one principal identification sign for each building; a second requires a waiver request. 29 Discussion ensued regarding the placement and the number of signs on the parking garage. 30 Growth Management Administrator Irwin gave a presentation explaining the location of the 31 garage and other buildings on the site, the concept of a mixed use development and how the 32 addressing was planned. Growth Management Administrator Irwin stated the second floor 33 principal tenant sign is supported, but the garage sign is not. The garage is considered an 34 accessory structure that serves the other buildings on the site. Staff' feels that allowing signage 35 on an accessory structure would set a bad precedent. 36 Mayor Jablin stated this is a public hearing and invited those wishing to speak to come 37 forward. 38 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, suggested that the Sign Code 39 be reviewed, so tastefully done signs for quality businesses can be considered. 40 Mayor Jablin closed the public hearing and brought Resolution 52, 2008 back up to City 41 Council. Mayor Jablin, Vice Mayor Levy, Councilmember Russo and Councilmember Barnett 42 stated their views against allowing the garage sign. 43 Motion 44 Vice Mayor Levy made a motion for adoption of Resolution 52, 2008. Councilmember Russo 45 seconded. The motion passed unanimously, 5 -0. 46 The City Clerk read Resolution 55, 2008 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 07.17.08 I d. Resolution 55, 2008 — Art in Public Places. A Resolution of the City Council of the City 2 of Palm Beach Gardens, Florida approving the Art in Public Places for the North County 3 Regional Library located within the North County Government Center Planned Community 4 Development (PCD), as described more particularly herein; providing conditions of approval; 5 providing an effective date; and for other purposes. 6 Mayor Jablin opened the public hearing and requested ex parte communications. Mayor Jablin 7 stated he is the Council Liaison to the AIPP Advisory Board and has seen the presentation. 8 Art In Public Places Administrator for Palm Beach County Elena Toby Singer presented the 9 history of the North County Regional Library, explained its planned expansion, described 10 other projects by artist Garth Edwards and the features of the planned artwork. 11 Mayor Jablin stated his approval of the artwork and asked when the library will be closing for 12 construction for approximately one year. Ms. Singer did not know the timeframe, but stated 13 she would find out and let Mayor Jablin know. 14 Mayor Jablin stated this is a public hearing and invited those wishing to speak to come 15 forward. 16 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, asked if the structure is 17 handicapped accessible. Ms. Singer replied that it is Americans with Disabilities Act (ADA) 18 compliant. 19 Mayor Jablin closed the public hearing and brought Resolution 55, 2008 back up to City 20 Council. 21 Motion 22 Vice Mayor Levy made a motion for adoption of Resolution 55, 2008. Councilmember Russo 23 seconded. The motion passed unanimously, 4 -0. (Councilmember Premuroso had stepped 24 away from the dais.) 25 The City Clerk Read Resolution 60, 2008 by title. 26 e. Resolution 60, 2008 - Bright Futures Academy. A Resolution of the City Council of the 27 City of Palm Beach Gardens, Florida approving the major conditional use of public school 28 and the corresponding site plan for the approximately 2.0 -acre parcel of land, located at 10300 29 and 10350 Riverside Drive, as more particularly described herein, to be referred to as the 30 "Bright Futures Academy "; allowing the renovation of two existing structures and 31 improvements to the site; providing conditions of approval; providing an effective date; and 32 for other purposes. 33 Mayor Jablin opened the public hearing and requested ex parte communications. Vice Mayor 34 Levy and the other Councilmembers all reported receiving an e-mail today. Mayor Jablin 35 reported speaking briefly about it today with Anne Booth. 36 Anne Booth, Urban Design Studio, gave a presentation that described the location and major 37 site improvements and renovations that will be done fbr both buildings. The Planning, Zoning 38 and Appeals Board (PZAB) has made requests that have been accommodated. The Business 39 Development Board and staff support the proposed use. Vice Mayor Levy asked how many 40 students attended the Russell School. Anne Booth replied it was approved for 250 students. 41 Vice Mayor Levy recommended the Bright Futures Academy and Peter Pan and Murray Hill 42 Schools meet so schedules for drop -offs and arrivals can be coordinated. Councilmember 43 Barnett asked if the school is attached to the shop. Anne Booth stated the North building is 44 exclusively for school use. The South building has a portion of the back that houses a 45 woodworking shop. A concrete firewall exists and should there be any further difficulty Ms. 46 Booth is sure that the property owner would comply. Councilmember Barnett inquired about 47 the playground facilities. Ms. Booth stated the playground surface to the North is proposed to CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 07.17.08 I be a sand volleyball court. An existing basketball court will be resurfaced to function for the 2 physical education program. The South area is all sod. The intention is that the North 3 playground will be for the more active sports and the Southern playground will be for more 4 passive activities. A sidewalk will connect the two buildings inside the fence that will enclose 5 the parking area. Mayor Jablin expressed his concern for traffic management. Ms. Booth 6 described the drop -off and pickup routine. Councilmember Russo asked if the traffic 7 management plan has been reviewed by the Police Department. Growth Management 8 Administrator Kara Irwin stated the Police Department saw the plans during the Design 9 Review Committee (DRC) meeting. Councilmember Russo requested a commitment from the 10 school officials that they will coordinate times for pickup and drop -off and will coordinate 11 with the Police Department. 12 Kendall Artusi, Principal of Bright Futures Academy, 2100 South Palm Circle, North Palm 13 Beach, stated students arrive at 7:30 a.m. and dismissal time is 3:15 p.m. The school teaches 14 an International Program including: Foreign Language, Social Studies, English and a 15 Journalism components so the children get 150 minutes of Language Arts combined together. 16 Discussion ensued regarding other benefits of the Bright Futures Academy program. 17 Mayor Jablin stated this is a public hearing and invited those wishing to speak to come 18 forward. 19 Michael Sanchez, 601 Heritage Drive, Jupiter, Florida, representing Riverside Drive 20 Investors, LLC, and the Gardens Commerce Center. Mr. Sanchez stated his clients do not 21 have an objection to the use or the site. They do have concern that future light industrial uses 22 that propose to locate on their properties that may require public notice or City approval 23 through the conditional use process may be looked upon unfavorably due to the fact that it is 24 being located next to a school, which is located within an industrial district. Mr. Sanchez's 25 clients have written to the Bright Futures Academy owners and asked that they provide 26 written assurance to a future use along Riverside Drive based solely on the fact that it is being 27 located next to a school. The applicant has verbally agreed not to object to the future uses, but 28 would not commit in writing. A letter on this issue has been forwarded to the City Clerk. 29 Richard Ekey, 5 Grand Bay Circle, Juno Beach, Florida, Member of the Board of Directors 30 for Bright Futures Academy, wants to advise the City' Council that the expedited process with 31 the City staff went very well. 32 Mayor Jablin closed the public hearing and brought Resolution 60, 2008 back up to City 33 Council. 34 Motion 35 Vice Mayor Levy made a motion for adoption of Resolution 60, 2008. Councilmember Russo 36 seconded. The motion passed unanimously, 5 -0. 37 Part H — Non - Ouasi- iudicial 38 None. 39 X. RESOLUTIONS 40 The City Clerk Read Resolution 54, 2008 by title. 41 a. Resolution 54. 2008 — Adopting a proposed maximum millage rate. A Resolution of the 42 City Council of the City of Palm Beach Gardens, Florida adopting a proposed maximum 43 millage rate for the City of Palm Beach Gardens for fiscal year 2008/2009; setting the date, 44 time and place of the first budget hearing; providing an effective date; and for other purposes. 45 Motion 46 Councilmember Russo made a motion for approval' of Resolution 54, 2008 by setting the 47 tentative millage rate 5.20 and 0.149 for debt service and meeting dates of September 4, 2008 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 07.17.08 I and September 18, 2008 at 7:00 p.m. Vice Mayor Levy seconded. Councilmember Barnett 2 requested discussion of the motion stating she had requested to see the budget at a flat rate 3 and she has not. City Manager Ferris stated Council's direction was to bring back a budget 4 starting at 5.35 mils. With the additional valuation the rate was reduced to 5.20 mils. 5 Councilmember Barnett stated that even at the 5.20 mils the City would be using reserves 6 every year, with which she does not agree. Discussion among Councilmembers ensued. The 7 motion failed due to Vice Mayor Levy withdrawing his second. 8 Comments 9 Dionna Braks, Realtors Association of the Palm Beaclbes, 1926 10th Avenue North, Suite 410, 10 requested that City Council decrease property taxes. 'Ms. Braks stated that to give tax relief 11 the tax rate must remain steady so the declining property value will give tax relief. 12 Marc Cohn, 135 Sedona Way, Palm Beach Gardens, member of the Palm Beach Gardens 13 BOC, stated that the tentative millage rate set tonight will, due to the formula contained in 14 Amendment 1, dictate what future City Councils will be able to do to set future millage rates. 15 Councilmembers are required to make tough decisions. The residents and employees do not 16 expect Councilmembers to take the easy way or pander to a vocal minority. The long view 17 should be taken as it is in the best interests of the .future of the City. Mr. Cohn quoted a 18 newspaper article where a Councilmember stated that in his/her private sector job he /she is 19 not getting a raise and, therefore it follows that the City, County or local jurisdiction should 20 not increase its rates. The fallacy of the argument is that when the economy turns around the 21 private sector is not bound by earlier decisions such as the imposition of purchase restrictions 22 or not giving personnel raises. The private sector can quickly play catch up. The limitations 23 imposed by Amendment 1 do not afford the City Council the same ability to play catch up. 24 Mr. Cohn suggested that consideration be given to the long -term view of the impact of City 25 Council's decision tonight on the future well being of the City and recommended that the 26 maximum possible millage rate be set. The City's reputation is that it is managed well. 27 Citizens with whom Mr. Cohn has spoken are in favor of a rate that maintains appropriate 28 services. 29 Councilmember Barnett stated the budget can be raised if need be by a supermajority vote of 30 the City Council. She does not wish to take too much taxpayer money to build up a reserve 31 that is too high because of fear the economy will not be consistent over the next few years. 32 The tax rate can be raised in the future if necessary. 33 Pat Hughey, Palm Beach Square, asked if the earlier speaker spoke on behalf of himself or as 34 a representative of the BOC. Mr. Cohn stated his comments were as a private citizen. 35 Motion 36 Councilmember Premuroso suggested an alternative Resolution 54, 2008 setting the operating 37 millage rate at 5.25 and the debt service remaining at 0.149. The motion passed by a vote of 38 4 -1, with Councilmember Barnett opposed. 39 The City Clerk read Resolution 57, 2008 by title. 40 b. Resolution 57, 2008 — Contract award to Signals Group, Inc. A Resolution of the City 41 Council of the City of Palm Beach Gardens, Florida approving a contract award to Signal 42 Group, Inc. for traffic signal improvements at Kyoto Gardens Drive and Lake Victoria 43 Gardens Drive in an amount of $226,812.80 via an existing Agreement with St. Lucie County 44 (No. 07 -059); providing an effective date; and for other purposes. 45 Construction Services Director Todd Engle described ',the location and work to be done. 46 Motion CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 07.17.08 I Vice Mayor Levy made a motion for adoption of Resolution 57, 2008. Councilmember 2 Premuroso seconded. The motion passed unanimously, 5 -0. 3 The City Clerk read Resolution 59, 2008 by title. 4 c. Resolution 59, 2008 — Reappointment of member$ to the Budget Oversight Committee. A 5 Resolution of the City Council of the City of Palm Bleach Gardens, Florida reappointing four 6 (4) regular members to the Budget Oversight Committee; providing an effective date; and for 7 other purposes. 8 Motion 9 Vice Mayor Levy made a motion for adoption of Resolution 59, 2008. Councilmember 10 Premuroso seconded. The motion passed unanimously(, 5 -0. 11 The City Clerk read Resolution 62, 2008 by title. 12 d. Resolution 62, 2008 — National Health Insurance Act. A Resolution of the City Council of 13 the City of Palm Beach Gardens, Florida endorsing. Congressional Bill H.R. 676, the U.S. 14 National Health Insurance Act; providing an effective'date; and; and for other purposes. 15 Mayor Jablin stated he spoke with Congressman 'Klein's office. H.R. 676 is tabled in 16 committee and it is never coming out. 17 Motion 18 Vice Mayor Levy made a motion for denial of Resolution 62, 2008. Councilmember 19 Premuroso seconded. The motion passed unanimously, 5 -0. 20 XI. ORDINANCES (For Consideration on First Reading) 21 The City Clerk read Ordinance 15, 2008 by title. 22 a. Ordinance 15, 2008 — Convenience Business Security Act. An Ordinance of the City 23 Council of the city of Palm Beach Gardens, Florida relating to Convenience Business 24 Security; creating a new Section 78 -193 to be entitled "Convenience Business Security "; 25 providing a conflict clause; providing a severability clause; providing the authority to codify; 26 providing an effective date; and for other purposes. 27 Palm Beach Gardens Police Department Captain Bill Brandt stated that in 1992 the Florida 28 Legislature passed the Convenience Business Security Act, which established minimum 29 safety and security standards for convenience businesses (stores). The act is civil in nature and 30 the State Attorney General's office is charged with enforcing the act through fines. Due to 31 current budget constraints enforcement has not been possible. Staff is recommending that the 32 State Statute be adopted into the City Ordinance, thereby giving the Police Department the 33 authority to enforce the safety and security standards at our level. The Police Department has 34 been working with local stores and receiving good compliance. However, there was no 35 enforcement penalty for those who do not comply. Staff does recommend approval of 36 Ordinance 15, 2008. 37 Motion 38 Vice Mayor Levy made a motion for approval of Ordinance 15, 2008 on first reading. 39 Councilmember Premuroso seconded. The motion passed unanimously, 5 -0. 40 XII. ITEMS FOR COUNCIL ACTION/DISCU5SION 41 Councilmember Barnett questioned why the flood insurance letter and survey were mailed at 42 a cost of at least $15,000.00 because she spoke td the Federal Emergency Management 43 Agency (FEMA) and explained the restriction on the Signature City magazine and FEMA 44 stated it was acceptable to post the notice on the City's website. Growth Management 45 Administrator Kara Irwin stated FEMA does not run the program, the Insurance Service 46 Office (ISO) does. They monitor the program and low points are received. The City does 47 work with the County and we do get points for that. This is the biggest outreach part of the CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9 07.17.08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 National Flood Insurance Community Rating System Program. The letters being sent to at least 90 percent is a large portion of the points that the City gets, which gets the City a lower rating and reduction on flood insurance and high standing in the program. Administrator Irwin stated she did call and explained that we wanted to use Signature City, but it now only goes to about 40 percent of the residents. The definitive answer was that the City had to send the mailing. Councilmember Barnett stated she would provide the information. XM. CITY ATTORNEY REPORT None. (The remainder of this page intentionally left blank) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 07.17.08 PAGE 10 I XIV. ADJOURNMENT 2 There being no further business to come before the Council, Vice Mayor Levy made a motion 3 to adjourn. Councilmember Russo seconded. The motion carried unanimously, 5 -0. The 4 meeting was adjourned at 10:35 p.m. The next regularly scheduled City Council meeting will 5 be held August 21, 2008. 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 APPROVED: ATTEST: 39 40 41 42 Patricia Snider, CMC 43 City Clerk 44 David Levy, Vice Mayor Russo, Councilmember ,r Jody Barnett, uncilmember Robert G. Premuroso, Councilmember 45 46 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 47 transcripts of the 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 PAGE it 07.17.08