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