HomeMy WebLinkAboutMinutes Council 100208I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 OCTOBER 2, 2008
5
6 The October 2, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:06 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 Item XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
17 1. City Attorney Applications and Legal Services Financial Analysis
18 2. Nova Southeastern University — a request for municipal sponsorship to join the Palm
19 Beach County League of Cities.
20 Motion
21 Councilmember Russo made a motion approving the additions. Vice Mayor Levy seconded.
22 The motion passed by unanimous vote, 5 -0.
23 Deletions: None.
24 Modifications: None.
25 IV. ANNOUNCEMENTS AND PRESENTATIONS
26 a. Let Us Vote presentation. Richard Radcliff gave a presentation explaining the Let Us Vote
27 Charter Amendment that will appear on the November 4, 2008 ballot.
28 V. ITEMS OF RESIDENT INTEREST AND BOARD /COIMMITTEE REPORTS
29 a. Councilmember Barnett reported on the Community Aesthetics Board (CAB) meeting,
30 which has become involved in the Green Initiative. Speakers from Solid Waste Authority and
31 from Waste Management gave presentations. Highlights from the meeting include single -
32 stream recycling and Land Tracker for the disposal of light bulbs.
33 b. Vice Mayor Levy reported attending the September 24, 2008 League of Cities meeting
34 where a presentation on the County -wide Water Supply Task Force was given, which will
35 study ways of capturing rain water so less is lost to discharge with the tide. The Intracoastal
36 Advisory Committee was considered and they will address fresh water pollutants coming into
37 the Intracoastal. The Solid Waste Authority presentation explained that a revenue sharing
38 program for recycled items will begin. Resolution 08 -04 was passed in support of an inland
39 port and economic transition plan for the Glades area. An Associate Membership Application
40 for the Palm Beach County Literacy Coalition was passed. Dates for upcoming events were
41 announced.
42 c. Councilmember Russo announced attending the Riverside Youth Enrichment Center
43 national reading day. Ordinance 8, 2007 has not come back before Council and
44 Councilmember Russo would like to see at least the residential portion completed.
45 Councilmember Barnett asked that Council have individual meetings with staff to get a better
46 understanding of the present status. Councilmember Russo would like to find out if any local
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I organizations are planning any programs to help citizens through the financial crisis such as
2 finding where to go and how to apply for government - sponsored assistance programs.
3 d. Councilmember Premuroso read to Miss Mandy's class at the Riverside Youth
4 Enrichment Center and thanked the Palm Beach Gardens Youth Athletic Association
5 (PBGYAA) for their efforts in the community, especially Tory Buckley, Phil Milton and
6 Timothy Frohling who have retired.
7 Mayor Jablin announced the upcoming Youth Triathlon.
8 VI. CITY MANAGER REPORT
9 Councilmember Russo questioned a memorandum distributed by City Manager Ferris
10 regarding the Planning, Zoning and Appeals Board (PZAB) declining to hear a staff
11 presentation. Mayor Jablin agreed that staff should always be able to make a presentation.
12 Councilmember Barnett stated that City Council should observe the same rules and set the
13 example.
14 Motion
15 Councilmember Russo made a motion extending City Council policies to the PZAB.
16 Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
17 City Council agreed to Mayor Jablin inviting the Palm Beach Gardens Girls Slow Pitch
18 Travel Softball Team to the October 16, 2008 meeting to recognize them for their success in
19 winning the championship game.
20 VII. COMMENTS FROM THE PUBLIC
21 Phil Woodall, 13 Dorchester Circle, Palm Beach Gardens, representing the PGA Corridor
22 Associaiton, thanked the Council and City Manager for their efforts and support.
23 Timothy Stieren, 11546 Villa Vasari Drive, Palm Beach Gardens, stated his concerns for Fire
24 Rescue service reduction.
25 Andrew Lezza, 1215 12th Lane, Palm Beach Gardens, concerned for Fire Rescue service
26 reduction.
27 Anthony Giarrusso, 101 Beaumont Lane, Palm Beach Gardens, stated his concerns for Fire
28 Rescue service reduction.
29 David Zanotelli, 1014 Woodfield Circle, Palm Beach Gardens, stated his concerns for Fire
30 Rescue service reduction.
31 Greg Gast, 10046 Dahlia Avenue, Palm Beach Gardens, stated his concerns for Fire Rescue
32 service reduction.
33 Jim Twist, 111 Bent Tree Drive, Palm Beach Gardens, stated his concerns for Fire Rescue
34 service reduction.
35 Chief Bergel, Palm Beach Gardens Fire Rescue, stated the proposed change in policy will not
36 affect response time or leave stations unstaffed. The level of service will not change. City
37 Manager Ferris stated that Vice Mayor Levy had requested a six -month follow -up report.
38 Councilmember Barnett stated her concern that two manned vehicles for each fire station has
39 not been met. Chief Bergel stated the one manned vehicle policy will not start until after the
40 contract negotiations are complete. Councilmember Barnett does not advocate the new policy.
41 Greg Gerlach, 4687 Holly Drive, Palm Beach Gardens, stated his concerns for Fire Rescue
42 service reduction.
43 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, stated Gardens United was a
44 wonderful program. Ms. Estrada thanked the Councilmembers and City Manager Ferris for
45 their participation in the school reading event.
46 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, inquired about the Going
47 Green in the Gardens program and the Kyoto Protocol. Vice Mayor Levy replied that the City
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I Pulse is a section of the Palm Beach Post where they report on all municipalities and
2 explained the Kyoto Accord is a promise that we have made to ourselves to reduce
3 greenhouse gases. City Manager Ferris introduced Jamie Cobb, Executive Assistant to the
4 City Manager, who has been very involved in the City's Going Green Initiative and offered to
5 have her meet with Ms. Chaplik and explain all aspects of the program.
6 VIII. CONSENT AGENDA
7 a. Resolution 77, 2008 — Christ Fellowship Replat. A Resolution of the City Council of the
8 City of Palm Beach Gardens, Florida approving the Christ Fellowship Church North Campus
9 Replat; providing an effective date; and for other purposes.
10 b. Resolution 91, 2008 — Work Authorizations with Boyle Engineering, Inc. A Resolution of
11 the City Council of the City of Palm Beach Gardens, Florida approving work authorizations
12 with Boyle Engineering Corporation to provide surveying, engineering, design, and
13 construction services for improvements to three intersection projects; providing an effective
14 date; and for other purposes.
15 Councilmember Barnett requested the withdrawal of item b., Resolution 91, 2008, from the
16 Consent Agenda and requested an explanation of the changes.
17 Motion
18 Vice Mayor Levy made a motion for approval of the Consent Agenda without item b.,
19 Resolution 91, 2008. Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
20 Discussion ensued regarding item b. Jack Doughney, Community Services Administrator,
21 explained all three projects have been approved, mast arms are purchased and design is
22 complete. Tonight's request is for construction management. Councilmember Barnett pursued
23 the length of time involved and Administrator Doughney explained the average time and cost
24 for a signalized intersection. John Donahue, City Engineer, explained the permitting process.
25 Councilmember Barnett expressed her dissatisfaction with the 18 -month timeframe involved.
26 Discussion ensued regarding the phases of the project and the County's requested changes.
27 John Donahue stated he hopes the project will be complete by year end 2008. Kyoto Gardens
28 Drive from Military Trail to Alt A 1 A will be open before season begins. Signals will be in
29 place 30 days before opening.
30 The City Clerk read Resolution 91, 2008 by title.
31 Resolution 91, 2008 — Work Authorizations with Boyle Engineering, Inc. A Resolution of the
32 City Council of the City of Palm Beach Gardens, Florida approving work authorizations with
33 Boyle Engineering Corporation to provide surveying, engineering, design, and construction
34 services for improvements to three intersection projects; providing an effective date; and for
35 other purposes.
36 Motion
37 Vice Mayor Levy made a motion for approval of the Resolution 91, 2008. Councilmember
38 Barnett seconded. The motion passed unanimously, 5 -0.
39 IX. PUBLIC HEARINGS
40 Park I —Quasi - judicial
41 None.
42 Park II — Non - Quasi - judicial
43 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The
44 City Clerk swore in all those intending to offer testimony in any of tonight's public hearings.
45 The City Clerk read Ordinance 25, 2008 by title.
46
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a. Ordinance 25, 2008 — (2nd reading and adoption) Mitigation Cost Recovery. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
Mitigation Cost Recovery; creating a new Section 38 -2, Code of Ordinances, to be entitled
"Recovery of City Response Costs'; providing a conflicts clause; providing a severability
clause; providing authority to codify; providing an effective date; and for other purposes.
Chief Bergel stated there have been no changes since first reading.
Mayor Jablin opened the public hearing.
With no one wishing to be heard, Mayor Jablin closed the public hearing and brought
Ordinance 25, 2008 back to the City Council.
Motion
Vice Mayor Levy made a motion for approval and adoption of Ordinance 25, 2008 on second
reading. Councilmember Barnett seconded. The motion passed unanimously, 5 -0.
X, RESOLUTIONS
The City Clerk read Resolution 90, 2008 by title.
a. Resolution 90, 2008 — Re- Appointment of members to the Planning_ Zoning and Appeals
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
appointing regular and alternate members to the Planning, Zoning and Appeals Board;
providing an effective date; and for other purposes.
Discussion ensued regarding the requirement that the PZAB have a professional engineer as a
member. Joanne Koerner is the only applicant that is a professional engineer. R. Max
Loehman, Interim City Attorney, explained the requirement has to do with the upcoming
building official Ordinance and a building code. A Construction Board of Adjustment and
Appeal is required. The most efficient answer is to make the PZAB the Construction Board of
Adjustment. Councilmember Barnett requested further explanation. Attorney Lohman
explained a State law requiring a Construction Board of Adjustment hear appeals on the
decisions of building officials as they relate to building codes and building permits.
Councilmember Russo inquired about a possible conflict of interest regarding the present
PZAB membership and asked staff to follow up.
Motion
Vice Mayor Levy made a motion for postpone Resolution 90, 2008. Councilmember Barnett
seconded. The motion passed unanimously, 5 -0.
The City Clerk read Resolution 82, 2008 by title.
b. Resolution 82, 2008 — Appointment of Regular and Alternate Members to the Community
Aesthetics Board (CAB). A Resolution of the City Council of the City of Palm Beach
Gardens, Florida appointing regular and alternate members to the Community Aesthetics
Board; providing an effective date; and for other purposes.
Councilmember Barnett pointed out that both Joanne Koerner and Rosie Carr were applicants
for the alternate positions for the PZAB, which will be considered at the next City Council
meeting (October 16, 2008). It was suggested that only regular members be appointed to the
CAB tonight and alternate members be appointed at the following City Council meeting.
Motion
Councilmember Barnett made a motion for approval of Resolution 82, 2008 for appointment
of regular CAB members: Donna Wisneski, Terence Brady, Mark Lenow and Synn Silber.
Vice Mayor Levy seconded. The motion passed unanimously, 5 -0.
The City Clerk read Resolution 86, 2008 by title.
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I c. Resolution 86, 2008 — Reappointment of members to the Recreation Advisory Board
2 (RAB). A Resolution of the City Council of the City of Palm Beach Gardens, Florida
3 appointing regular and alternate members to the Parks and Recreation Advisory Board;
4 providing an effective date; and for other purposes.
5 Motion
6 Vice Mayor Levy made a motion for approval of Resolution 86, 2008 reappointing regular
7 members: Tory Buckley, Amie Schneider, William Sonnenreich, Ernest Volonte and alternate
8 members: William Olsen (first alternate) and Scott Smith (second alternate). Councilmember
9 Russo seconded. The motion passed unanimously, 5 -0.
10 The City Clerk read Resolution 87, 2008 by title.
11 d. Resolution 87, 2008 — Reappointment of members to the General Employees Pension
12 Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
13 reappointing three (3) members to the Board of Trustees of the City of Palm Beach Gardens
14 General Employee Pension Board; providing an effective date; and for other purposes.
15 Motion
16 Vice Mayor Levy made a motion for approval of Resolution 87, 2008 reappointing Kenneth
17 Steele as a Council appointed resident trustee, Jamie Smith as a Council appointed resident
18 trustee and Allan Owens as the fifth trustee. Councilmember Barnett seconded. The motion
19 passed unanimously, 5 -0.
20 The City Clerk read Resolution 89, 2008 by title.
21 e. Resolution 89, 2008 — Reappointment of members to the Art in Public Places Advisory
22 Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
23 appointing regular and alternate members to the Art in Public Places Advisory Board;
24 providing an effective date; and for other purposes.
25 Mayor Jablin is the Council Liaison to the Art in Public Places Advisory Board and, therefore,
26 passed the gavel to Vice Mayor Levy.
27 Motion
28 Mayor Jablin made a motion for approval of Resolution 89, 2008 reappointing: Lee Bickford,
29 Diane Cappella, Jennifer O'Brien and David Porter as regular members and Susan Tornabene
30 (first alternate) and Diane Sacchetti (second alternate). Councilmember Russo seconded. The
31 motion passed unanimously, 5 -0.
32 XI. ORDINANCES
33 None.
34 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
35 Mayor Jablin opened discussion of the applications for City Attorney and legal services and
36 financial analysis. A memorandum from City Manager Ferris was referenced. Councilmember
37 Barnett questioned the absence of contract attorney Robert Norton of Allen, Norton and Blue
38 from the list. City Manager Ferris stated that not all attorneys working for the City are on the
39 list. Discussion ensued regarding the responsibilities of an in -house attorney and those of a
40 labor attorney. Councilmember Russo stated his preference for outside counsel. Mayor Jablin
41 agreed with Councilmember Russo's opinion and stated he prefers the present arrangement.
42 Councilmember Premuroso agreed with the having outside counsel and stated his approval of
43 the present arrangement. City Manager Ferris explained the Request for Proposal (RFP)
44 process and reviewed costs for several neighboring municipalities. Vice Mayor Levy stated
45 his preference for in -house counsel, but was agreeable to trying an outside firm.
46 Councilmember Barnett stated her objection to the present attorney, but is agreeable to using
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an RFP to choose an outside legal firm. Councilmember Barnett stated that other applicants
had more experience than Interim Attorney Lohman.
Motion
Councilmember Russo made a motion to seek an outside attorney through the RFP process.
Vice Mayor Levy seconded. The motion passed unanimously, 5 -0.
Mayor Jablin announced the request of Armand Gregorian, Nova Southwest University Palm
Beach Gardens Campus, for municipal sponsorship for associate membership to the Palm
Beach County League of Cities.
Motion
Councilmember Russo made a motion to approve the request. Vice Mayor Levy seconded.
The motion passed unanimously, 5 -0.
XIII. CITY ATTORNEY REPORT
None.
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XIV, ADJOURNMENT
There being no further business to come before the Council, Vice Mayor Levy made a motion
to adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5 -0. The
meeting was adjourned at 8:44 p.m. The next regularly scheduled City Council meeting will
be held October 16, 2008.
APPROVED:
ATTEST:
0L2-k� -
Patricia Snider, CMC
City Clerk
David Levy Vice yor
-o�ph R. Russo, Councilmember
Jody Barnett, uncilmember
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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