Sep 18, 2025 City Council

[Call to Order]

[00:00:04]

OOH, THAT WAS LOUD. GOOD EVENING EVERYONE. I WOULD LIKE TO CALL THE SEPTEMBER 11TH COUNCIL MEETING TO ORDER.

IF YOU WOULD ALL PLEASE JOIN US IN THE PLEDGE OF ALLEGIANCE.

I PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU. WILL THE CITY CLERK PLEASE CALL THE ROLL? YES, MA'AM. AND FOR THE RECORD, IT'S SEPTEMBER 18TH.

OH, WHAT DID I SAY? MAYOR TINSLEY HERE. VICE MAYOR MIDDLETON.

COUNCIL MEMBER REED HERE. COUNCIL MEMBER AMAROSO HERE.

COUNCIL MEMBER. KEMP. HERE. THANK YOU. ARE THERE ANY ADDITIONS, DELETIONS AND MODIFICATIONS? NO, MA'AM. OKAY. THANK YOU. ANNOUNCEMENTS AND PRESENTATIONS.

THERE ARE NONE THIS EVENING. SO WE'RE GOING TO MOVE ON TO COMMENTS FROM THE PUBLIC, AND I DO NOT HAVE ANY COMMENTS THAT ARE FOR ITEMS NOT ON THE COUNCIL AGENDA.

SO WE'LL MOVE TO THE CITY MANAGER REPORT. NO REPORT.

WOW. OKAY, MOVING RIGHT ALONG. NO CITY MANAGER REPORT.

WE'RE GOING TO MOVE ON TO THE CONSENT AGENDA.

[VII. CONSENT AGENDA]

WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE.

MOTION CARRIES 5 TO 0. OKAY. MOVING ON TO PUBLIC HEARINGS.

[VIII.a. RESOLUTION 54, 2025 – ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ]

THE CITY COUNCIL, THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1ST, 2025 AND ENDING SEPTEMBER 30TH, 2026.

DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THE RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE DAYS AFTER ITS ADOPTION, PROVIDING AN EFFECTIVE DATE FOR THE PURPOSES.

THANK YOU. PATTI. I'M GOING TO OPEN THE PUBLIC HEARING.

AND DOES ANYONE WANT TO HAVE A PRESENTATION? SORRY.

ANYBODY? NO. THANK YOU. OKAY. I SINCE WE HAVE ALREADY SEEN THE PRESENTATION, IS THERE ANYTHING THAT STAFF WOULD LIKE TO ADD OR ANY CHANGES? I DON'T THINK YOU'RE. I THINK I'M ON. THERE WE GO.

THERE WE GO. GOOD EVENING, MADAM MAYOR. COUNCIL FOR THE RECORD.

ARIANE ZACH, FINANCE ADMINISTRATOR. TONIGHT IS OUR SECOND AND FINAL BUDGET HEARING FOR FISCAL YEAR 26.

BEFORE YOU IS RESOLUTION 5425, WHICH SETS THE MILLAGE RATE AT 03537 MILLS AND ORDNANCE 11 2025, WHICH ADOPTS THE BUDGET FOR FISCAL YEAR 26. THERE HAVE BEEN NO CHANGES LIKE YOU HAD MENTIONED.

SO IF YOU WISH, WE CAN MOVE STRAIGHT INTO THE REQUIRED ACTIONS FOR THIS EVENING.

SOUNDS GOOD. OKAY. SO UNDER TRIM GUIDELINES, STATE LAW REQUIRES US TO FOLLOW A SPECIFIC SET OF ACTIONS.

AND THE FIRST IS TO PUBLICLY, PUBLICLY STATE THE NAME OF THE MUNICIPALITY.

THE FINAL MILLAGE RATE, THE ROLLBACK RATE, THE PERCENTAGE INCREASE OVER THE ROLLBACK RATE.

AND THEN AFTER THAT WE'LL MOVE INTO THE RESOLUTION AND THE ORDINANCE.

SO FOR TONIGHT, STAFF RECOMMENDS A MOTION THAT THE CITY OF PALM BEACH GARDENS ADOPT A FINAL OPERATING AND TOTAL MILLAGE RATE OF 5.0537 MILLS, WHICH IS GREATER THAN THE ROLLBACK RATE OF 4.7391 BY 6.64%.

OKAY. THANK YOU. AND I DO NOT HAVE ANY COMMENT CARDS ON THIS ITEM.

SO I AM GOING TO CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION AND A SECOND TO ADOPT AN OPERATING AND TOTAL MILLAGE RATE, PLEASE. I'LL MAKE A MOTION THAT THE CITY OF PALM BEACH GARDENS ADOPT A FINAL OPERATING AND TOTAL MILLAGE RATE OF 5.0537 MILLS, WHICH IS GREATER THAN THE ROLLBACK RATE OF 4.7391 BY 6.64%.

I'LL SECOND THAT MOTION. OKAY. WE HAVE A MOTION AND A SECOND ANY DISCUSSION, AND I WILL CALL COUNCIL MEMBER KEMP TO START IF WE HAVE ANY DISCUSSIONS.

I HAVE NONE. NO. OKAY. ANY ON THE SIDE? OKAY.

NO COMMENTS, NO DISCUSSION. SO WE HAVE A MOTION AND A SECOND.

I'LL CALL. ALL IN FAVOR? AYE. OKAY. MOTION CARRIES 5 TO 0.

AND NOW CAN WE GET A MOTION AND A SECOND TO APPROVE RESOLUTION 54 2025, SETTING THE FINAL MILLAGE RATE FOR FISCAL YEAR 2025 2026. I'LL MAKE A MOTION TO APPROVE RESOLUTION 54 2025, SETTING THE FINAL MILLAGE RATE FOR FISCAL YEAR 2025

[00:05:06]

WE HAVE A MOTION AND A SECOND. ANYBODY FOR DISCUSSION ON THIS? NO. OKAY. I'M GOING TO CALL IT BACK FOR A VOTE.

ALL IN FAVOR? AYE. MOTION CARRIES 5 TO 0. OKAY, NOW WE'RE GOING TO MOVE ON TO

[VIII.b. ORDINANCE 11, 2025 – (2ND READING AND ADOPTION) ADOPTING THE BUDGET FOR FISCAL YEAR 2025/2026. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.]

PATTY. I'M GOING TO OPEN THE PUBLIC HEARING AND ASK IF ANYTHING HAS CHANGED SINCE NOTHING HAS CHANGED FROM THE FIRST BUDGET HEARING.

OKAY. AND DOES ANYBODY WANT A PRESENTATION? NO.

OKAY. AND I DON'T HAVE ANY COMMENT CARDS ON THIS ITEM.

SO I'M GOING TO CLOSE THE PUBLIC HEARING. I'M GOING TO BRING IT BACK FOR A MOTION AND A SECOND TO APPROVE ORDINANCE 11 2025 I MOTION TO APPROVE ORDINANCE 11 2025 ON SECOND AND FINAL READING, ADOPTING THE BUDGET FOR FISCAL YEAR 2025 2026.

OKAY, I HAVE A MOTION. DO I HAVE A SECOND? SECOND.

I HAVE A MOTION AND A SECOND. ANYBODY HAVE ANY DISCUSSION? NOPE. OKAY. ALL IN FAVOR? AYE. MOTION CARRIES 5 TO 0.

THANK YOU. THANK YOU VERY MUCH. THANK YOU. ALL RIGHT.

[IX.a. RESOLUTION 74, 2025 – COLLECTIVE BARGAINING AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION FOR FISCAL YEARS 2026-2028. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AND RATIFYING AN AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION FOR POLICE OFFICERS, SERGEANTS, AND COMMUNICATIONS OPERATORS EMPLOYED BY THE CITY’S POLICE DEPARTMENT FOR FISCAL YEARS 2026-2028; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ]

THANK YOU. PATTY. AND WE HAVE MISS CHERYL STEWART.

GOOD EVENING, MAYOR AND COUNCIL. THANK YOU. CHERYL STEWART, HUMAN RESOURCES ADMINISTRATOR.

I'M PLEASED TO BE BEFORE YOU THIS EVENING TO PRESENT 70 RESOLUTION 74 2025, APPROVING AND RATIFYING A CONTRACT WITH THE POLICE BENEVOLENT ASSOCIATION FOR FISCAL YEAR 2026 THROUGH 2028. A LITTLE BACKGROUND THE CITY AND POLICE BARGAINING TEAMS BEGAN NEGOTIATIONS IN JUNE THIS YEAR, AND BY THE END OF THE THIRD SESSION ON AUGUST 14TH, REACHED A TENTATIVE AGREEMENT FOR A NEW THREE YEAR CONTRACT EFFECTIVE OCTOBER 1ST THROUGH SEPTEMBER 30TH OF 2028. THIS AGREEMENT COVERS ALL POLICE OFFICERS, SERGEANTS, COMMUNICATION OPERATORS AND SUPERVISORS IN THE CITY'S POLICE DEPARTMENT.

ON AUGUST 28TH, THE UNION VOTED IN FAVOR OF RATIFICATION OF THIS AGREEMENT, WHICH IS BEFORE COUNCIL THIS EVENING FOR CONSIDERATION DUE TO CONTINUED CHANGES IN COMPETITION IN THE LOCAL POLICE LABOR MARKET, CONTRACT NEGOTIATIONS FOCUSED PRIMARILY ON SALARY RELATED ISSUES.

TO TAKE A LOOK AT ONE IS WITH RESPECT TO ASSIGNMENT PAY.

ARTICLE 42 REGARDING HAZARDOUS DUTY PAY. TO RECOGNIZE THE ADDITIONAL SKILLS AND HAZARDS OF CERTAIN SPECIALIZED POLICE DUTIES, NEW ASSIGNMENT PAYS WILL BE PROVIDED TO EMPLOYEES IN THE FOLLOWING UNITS.

TRAFFIC AN ADDITIONAL 2.5% FOR THOSE ON RIDING MOTORCYCLES, OF WHICH THERE ARE CURRENTLY FOUR K-9, AN ADDITIONAL 5% FOR K-9 UNIT TRAINER, FOR WHICH THERE IS CURRENTLY ONE AND FIVE IN THE K-9 UNIT.

KENT CRISIS NEGOTIATION TEAM MEMBERS. THIS IS A NEW 5% ASSIGNMENT PAY TO ALIGN WITH THE SWAT.

THE SWAT ASSIGNMENT PAY WHICH THE KENT. THERE'S CURRENTLY EIGHT AND THE PRACTICE IS FOR THE FOR THE KENT TO RESPOND TO CALLS AS DETERMINED BY MANAGEMENT. AND THESE ASSIGNMENT PAYS ARE IN LINE WITH CURRENT NEIGHBORING POLICE AGENCIES.

TAKING A LOOK AT THE NEW SALARY PLAN PROVIDED IN THE AGREEMENT.

THE SALARY PLAN IS MARKET BASED, WHICH IS A CONSISTENT APPROACH USED FOR ALL CITY EMPLOYEE GROUPS.

THE SALARY STRUCTURE CONSISTS OF SALARY RANGE MINIMUMS, WHICH IS STARTING PAY AND MAXIMUMS, WHICH IS TOP OUT. WE CONTINUE TO FACE TIGHT COMPETITION FOR RECRUITMENT AND RETENTION DUE TO HIGH DEMAND FOR TOP TALENT AND AND AS WELL AS GROWTH. THIS MARKET PUTS SIGNIFICANT PRESSURE ON OUR SALARY RANGES AND PAY RATES.

WHEN WE LOOK AT OUR LABOR MARKET, WITH WHOM WE COMPETE IN TERMS OF SIZE AND SERVICES.

SO TAKING A LOOK AT EACH YEAR OF THE AGREEMENT, IN THE FIRST YEAR, ALL BARGAINING UNIT MEMBERS SALARIES WOULD BE ADJUSTED AS A RESULT OF

[00:10:04]

SO AS A RESULT, OVER THE THREE YEAR AGREEMENT, OFFICERS WOULD RECEIVE A TOTAL INCREASE OF APPROXIMATELY 30% SERGEANTS, A TOTAL INCREASE OF APPROXIMATELY 31%, COMMUNICATION OPERATORS 35%, AND COMMUNICATION SUPERVISORS APPROXIMATELY 36%.

IMPORTANTLY TO NOTE, THE COMMUNICATION ADJUSTMENTS NOT ONLY REALIGN TO MARKET, BUT THEY COMPENSATE FOR THE ADDITIONAL TRAINING AND FIRE RESCUE DISPATCH SERVICES THEY'LL BE PROVIDING OUR COMMUNITY AS PART OF NORTHCOM.

THIS CHART SHOWS WHAT THE BARGAINING UNIT POSITION, SALARY RANGE, MINIMUMS AND MAXIMUMS WILL BE BY THE THIRD YEAR OF THE AGREEMENT.

AS A RESULT OF THESE ADJUSTMENTS, WHICH ARE NEEDED TO REMAIN COMPETITIVE WITH THE LOCAL POLICE DEPARTMENTS AND TO KEEP OUR SALARIES IN THE TOP QUARTILE.

THE TOP 75TH PERCENTILE OF THE JOB MARKET, WHICH IS INCREASING APPROXIMATELY 30 TO 40% OVER A THREE YEAR PERIOD.

SO OVERALL, THE COST OF THE SALARY ADJUSTMENTS OVER THE THREE YEAR AGREEMENT IS APPROXIMATELY $7,250,000, WHICH IS ABOUT 2.4 MILLION EACH YEAR OF THE AGREEMENT AND HAS BEEN INCLUDED IN THE BUDGET.

AND STAFF RECOMMENDS APPROVAL OF RESOLUTION 74 2025 FOR APPROVING AND RATIFYING A NEW THREE YEAR POLICE CONTRACT.

AND I'D LIKE TO THANK BOTH THE CITY AND UNION BARGAINING TEAMS FOR WORKING HARD DURING THESE NEGOTIATIONS TO SUPPORT ALL OF OUR POLICE AND COMMUNICATIONS PERSONNEL WHO PROVIDE THE VERY BEST SERVICES FOR OUR RESIDENTS ON A 24 OVER SEVEN BASIS.

THANK YOU. THANK YOU CHERYL. APPRECIATE IT. I DO HAVE A COMMENT CARD ON THIS ITEM, SO I'D LIKE TO CALL SERGEANT HAYASHI. THANK YOU. GOOD EVENING. HOW ARE YOU? THANK YOU FOR HAVING ME. SERGEANT HAYASHI PALM BEACH GARDENS POLICE DEPARTMENT. BEEN SERVING SINCE 2011.

THERE'S SOMETHING TO BE SAID ABOUT LOYALTY. AND THIS PARTICULAR RESOLUTION IS NO DIFFERENT FROM WHAT I'VE SEEN IN THE PAST, WHICH IS THAT THE CITY IS VERY MUCH APT TO TAKING CARE OF ITS POLICE DEPARTMENT, NOT JUST ITS POLICE DEPARTMENT, BUT OTHER DEPARTMENTS AS A WHOLE. IT PROVED THAT WE ALL CAN WORK AS A TEAM, AS A COHESIVE TEAM AT THAT, AND WE JUST ARE SO GRATEFUL FOR EVERYONE'S SUPPORT.

THE CITY COUNCIL, CITY MANAGER'S OFFICE, OUR COMMAND STAFF FELLOW OFFICERS AND OFFICERS ALIKE, AND WE ALL HAVE FAMILIES THAT DEPEND ON US TO BE ABLE TO OBVIOUSLY COME HOME SAFELY.

AND YOU KNOW, THIS, THIS HELPS OUT IMMENSELY.

SO WE'RE WE'RE JUST WE'RE JUST EXPRESSING OUR GRATITUDE FOR YOUR CONSIDERATION.

SO THANK YOU ALL. THANK YOU. AND I KNOW I CAN SAY ON BEHALF OF OUR COUNCIL, WE THANK YOU FOR WORKING WITH OUR STAFF COLLECTIVELY TOWARDS THIS AGREEMENT. IT'S ALWAYS A GIVE AND TAKE AND IT'S IT'S KNOWN THAT WE TRULY APPRECIATE YOU.

EVERYTHING THAT YOU DO FOR OUR CITY, FOR OUR BUSINESSES AND OUR VISITORS.

AND WE THANK YOU AS WELL. DOES. OKAY. AND THAT IS THE ONLY COMMENT CARD THAT WE HAVE.

I'M GOING TO CLOSE THE PUBLIC HEARING AND BRING IT BACK FOR A MOTION AND A SECOND FOR RESOLUTION 74 2025.

I'LL MAKE A MOTION TO APPROVE RESOLUTION 74 2025.

SECOND, WE HAVE A MOTION AND A SECOND. DOES ANYONE HAVE ANY DISCUSSION? COUNCIL MEMBER. YEAH. I'D LIKE TO SAY I KIND OF AS BEING A FIRST RESPONDER.

ALSO, I READ THROUGH THE CHANGES IN THE CONTRACT, AND I WANTED TO SAY BOTH TO THE ADMINISTRATION AND TO THE OFFICERS.

AND IT SAID THAT BOTH OF YOU UNIQUELY AGREED THAT THE STANDARD OF HEALTH THAT WAS PUT INTO THIS CONTRACT, AND I LOVE THAT. YOU KNOW, IT'S A FIRST RESPONDERS NEED A STANDARD.

THE JOB DEMANDS DON'T CHANGE AS YOU GET MORE TIME ON THE JOB OR AS YOU AGE, AS WE ALL KNOW, AND PUTTING THAT IN THERE IS KIND OF STUCK OUT TO ME THAT THE PBA AND THE OFFICERS AND THE ADMINISTRATION BOTH FOUND THAT IMPORTANT.

AND I THINK CREATING A STANDARD OF HEALTH DIRECTLY RELATES TO A QUALITY OF SERVICE THAT OUR OFFICERS ARE PROVIDING THE PEOPLE IN THE STREET.

AND YOU KNOW, LOWERING THAT STANDARD OR NOT HAVING ONE DOESN'T GIVE YOU A LEVEL OF SERVICE OF WHAT THE RESIDENTS RECEIVE.

SO I WANTED TO APPLAUD BOTH OF YOU ON SETTING THAT LEVEL OF SERVICE AND HEALTH TO CONTINUE ON AND MAKE SURE THAT OUR OFFICERS ARE FIT AND ABLE IN THE DEPARTMENT BECAUSE IT HELPS THE LEVEL OF SERVICE, BUT IT ALSO HELPS IN HEALTH COSTS WHEN IT COMES TO THE CITY AND EVERYTHING THROUGH INJURIES AND EVERYTHING. AND THEN RECOGNIZING, YOU KNOW, I LOOKED AT THE SALARIES AND STAYING IN THE TOP THREE AND REMAINING IN THE TOP 25% AS A GOAL IS, YOU KNOW, IMPERATIVE TO TWO THINGS IS KEEPING RECRUITMENT AND RETENTION.

[00:15:02]

DO WE KNOW THAT OR. IT WAS I THINK IT WAS NEARLY THREE.

YES, SIR. OKAY. SO I JUST WAS ASKING SO IF WE COULD FIND OUT WHAT THOSE THREE WOULD LIKE TO SEE IMPROVED AND WHY THEY VOTED NO.

TO KEEP IN MIND, IT'S MY UNDERSTANDING THAT THERE WAS 118 THAT VOTED AND 115 WERE IN FAVOR.

OKAY. YEAH. JUST SO WE CAN SEE WHY THEY DIDN'T VOTE. YES, IF WE COULD MAKE THAT BETTER IN THE FUTURE.

BUT THAT'S IT. THANK YOU. VICE MAYOR, DO YOU HAVE ANY COMMENT? OKAY. COUNCIL MEMBERS ON MY RIGHT. NO, I JUST.

I THINK COUNCILMAN COVERED IT ALL IN TERMS OF US REMAINING ON TOP OF MARKET.

THAT'S ALWAYS BEEN OUR GOAL OVER THE YEARS AND THE INCREASED COMPETITION FROM THE SHERIFF'S OFFICE AND ALSO NOW THE SCHOOL BOARD, AS WE KNOW, THEY'VE TAKEN THEIR POLICING TO A DIFFERENT LEVEL JUST FOR THE ENVIRONMENT THAT WE'RE IN NOW WITH OUR KIDS AND OUR SCHOOLS.

SO KEEPING THE BEST AND BRIGHTEST HERE IN OUR CITY IS IS CRITICAL.

AND I FULLY SUPPORT THE CONTRACT. AND I THANK YOU FOR THE TWO MONTHS NEGOTIATION.

I REMEMBER THESE THINGS WOULD GO ON FOR FOUR AND SIX MONTHS OR SOMETIMES A YEAR IN ADVANCE.

WE'D HAVE TO GET STARTED NOW. IT SEEMS TO BE THERE'S MORE CONCESSIONS AND MORE THINGS DONE TO GET TO THE TABLE AND GET IT FINALIZED.

SO THANK YOU TO STAFF AS WELL FOR DOING THAT.

WE APPRECIATE ALL YOUR SUPPORT. THANK YOU. COUNCIL MEMBER REED DO YOU HAVE ANY? OH, JUST AS ALWAYS, SO IMPRESSED WITH STAFF AND THE ABILITY TO TO WORK WITH EVERYONE.

THAT'S SO IMPORTANT TO THE MOST IMPORTANT OF OUR MOST IMPORTANT PART OF OUR CITY, WHICH IS OUR SAFETY. AND HAVING HAD THE OPPORTUNITY TO SPEAK WITH THE OFFICERS OVER THE YEARS, I KNOW HOW IMPORTANT THIS IS TO THEM, AND WE'RE SO THANKFUL FOR THEM OUT THERE EVERY DAY.

AND ALSO LOOKING AHEAD, AS WE MIGHT HAVE TO DEAL WITH CHANGES IN PROPERTY TAXES, IT'S REALLY IMPORTANT THAT WHILE WE HAVE THE ABILITY TO TAKE CARE OF OUR FIRST RESPONDERS, WE CONTINUE TO DO SO SO THAT THOSE THINGS CAN CONTINUE.

SO THANK YOU. THANK YOU. OKAY. I'M GOING TO CALL IT ALL IN FAVOR? AYE. AYE. OKAY. MOTION PASSES 5 TO 0. THANK YOU GUYS VERY MUCH.

AND NOW WE'RE GOING TO MOVE ON TO ITEMS FOR COUNCIL DISCUSSION.

[X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST]

BUT, YOU KNOW, GOVERNMENT BUDGETS ALWAYS DIFFERENT, AND YOU'RE KIND OF TAKING GUESSES AT EVERYTHING THAT YOU'RE GOING TO SPEND.

AND ONE OF THE HARDEST THINGS IS BEING A FIRST BUDGET I FOUND WAS, YOU KNOW, UNDER THE SUNSHINE AND EVERYTHING IS NOT BEING ABLE TO HEAR WHAT EVERYBODY SAYS OR IS THINKING BEFORE ACTUALLY GOING TO THE FIRST READING, SO MAYBE I THOUGHT OF POSSIBLY NEXT YEAR'S.

I KNOW WE HAVE SOMEBODY HITTING TOURNAMENTS. I KNOW WE'RE GOING TO HAVE ONE NEW MEMBER ON THE BOARD. IS MAYBE POSSIBLY DOING A WORKSHOP NEXT AUGUST BEFORE THE FIRST READING.

SO, YOU KNOW, YOU CAN GET GUIDANCE AND SEE EVERYBODY ELSE'S HEADS AT YOU KNOW, I THINK THAT TOO, IT HELPS SOME OF THE RESIDENTS HEAR WHAT THE PRESENTATIONS ARE AND EVERYTHING. SO THEY COULD HAVE QUESTIONS IF THEY HAVE ANY.

AT THE FIRST READING. I THINK YOU ACTUALLY SUGGESTED THIS, MADAM MAYOR, AT THE LAST MEETING ABOUT THAT.

AND I KIND OF AGREED WITH YOU. AND I JUST WANTED TO MENTION IT NOW.

SO KIND OF, YOU KNOW, KIND OF MY IDEAS NEXT YEAR LEADING UP TO THE BUDGET FOR STAFF TO KIND OF THINK ABOUT THAT.

AND YOU KNOW, I'LL TRY AND REMEMBER TO BRING IT UP NEXT YEAR IN THE BEGINNING OF THE SUMMER SOMETIME TO SEE IF WITH AFTER THE ELECTIONS, IF THE NEW COUNCIL KIND OF COMES TO A CONSENSUS ON IF THEY'D LIKE THAT ALSO.

BUT THAT WAS JUST ONE OF MY THINGS THAT I THINK WOULD HELP MOVING FORWARD WITH THE COUNCIL. BUT THAT'S IT.

THANK YOU. I WOULD BE IN FAVOR OF THAT. I THINK IT'S A GOOD IDEA.

VICE MAYOR. NO, I DON'T THINK ANYTHING. EXCEPT FOR THAT WEE MIRACLE LEAGUE.

WE HAVE THE OPENING CEREMONIES NEXT THURSDAY AT 545, 06:00.

SO I HOPE EVERYONE CAN MAKE THAT AND LOOK FORWARD TO SEEING EVERYBODY.

OKAY. THANK YOU. COUNCIL MEMBER REED. I'LL BE HOLDING MY COMMENTS UNTIL AFTER THIS CITY ATTORNEY REPORT.

OKAY. I'M GOOD. THANK YOU. OKAY, PERFECT. MOVING ON TO CITY ATTORNEY REPORT.

[XI. CITY ATTORNEY REPORT]

BECAUSE THERE WERE QUESTIONS ABOUT THE APPEAL AS IT RELATES TO THE STATE ROAD SEVEN EXTENSION.

THE APPEAL. I'VE PULLED IT UP HERE TODAY TO MAKE SURE I WOULD HAVE IT.

AS YOU ALL ARE AWARE, THE APPEAL WAS FILED BACK ON JULY 30TH.

THEN WHAT YOU MAY OR MAY NOT BE AWARE OF IS WEST PALM BEACH SOUGHT TO HAVE THEY WERE ASKED THE FOURTH DISTRICT COURT OF APPEAL TO RELINQUISH JURISDICTION AND REFER IT BACK.

THAT WAS DENIED. AND THEN. EXCUSE ME, I BELIEVE IT WAS YESTERDAY, THE 17TH.

THE RECORD BELOW WAS FILED. SO SINCE THE APPEAL WAS FILED ON THE 30TH.

I DO NOT BELIEVE THAT THE THE MOTION TO REQUESTING THAT THE FOURTH RELINQUISH JURISDICTION TOLLS THEIR TIME FOR THE INITIAL BRIEF.

SO YOU'D BE LOOKING AT 70 DAYS AFTER THE INITIAL APPEAL FOR WEST PALM BEACH TO FILE THEIR FOR THEIR THE FILING,

[00:20:04]

THE PARTIES THAT WE WERE SUPPORTING FILE THEIR BRIEF.

THERE ARE TWO ISSUES. IT TWO, TWO MAIN ISSUES HERE THAT WEST PALM BEACH IS CHALLENGING.

BOTH OF WHICH ARE NOT THAT COMPLICATED. AND I DON'T.

AND BECAUSE THEY'RE RELATIVELY SIMPLE, I'M NOT SO CERTAIN THAT THE COURT WOULD REALLY ENTERTAIN AN AMICUS CURIAE.

THE GIST OF IT IS THAT THERE WAS A THE LAW CHANGED.

THE REGULATIONS CHANGED, IF YOU WILL, BETWEEN THE TIME THAT THE PERMIT WAS APPLIED FOR AND WHEN IT WAS GRANTED BETWEEN THE TIME THAT IT WAS APPLIED FOR AND GRANTED, THE REGULATION THEN CHANGED TO REQUIRE THE APPLICANT TO DEMONSTRATE THAT THEY HAD SUFFICIENT FINANCIAL MEANS TO COMPLETE THEIR PROJECT.

THIS IS KIND OF AN INTERESTING ARGUMENT. I THINK IT'S NOT VERY STRONG ON BEHALF OF WEST PALM.

AND THE REASON I SAY THAT IS BECAUSE IT'S AN IPSO FACTO APPLICATION OF THE LAW.

THE YOU TYPICALLY THE, THE, THE CASE LAW IS VERY CONSISTENT ON THE FACT THAT YOU GET TO FLY UNDER THE REGULATIONS THAT WERE IN PLACE WHEN YOU STARTED.

YOU DON'T GET TO CHANGE THE RULES ON A PARTY IN THE MIDDLE OF THE GAME.

SO THAT WILL BE THE ARGUMENT I HAVE NO DOUBT PUT FORTH BY FDOT AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT, IS THAT WE'RE UNDER THIS UNDER THE RULES, AS THEY WERE WHEN WE APPLIED, NOT RIGHT BEFORE YOU ISSUED OUR PERMIT.

I MEAN, YOU COULD KIND OF SEE, I THINK LOGICALLY HOW THAT WOULDN'T MAKE ANY SENSE AND BE A DUE PROCESS ISSUE FOR AN APPLICANT.

SECOND OF ALL, THERE'S ALSO KIND OF A WELL, I CAN'T REALLY TELL THE COURT IT'S NONSENSE, BUT IN A SENSE, IT'S KIND OF NONSENSE. YOU'RE GOING TO REQUIRE THAT FDOT DEMONSTRATE THAT THEY HAVE SUFFICIENT FUNDING TO BUILD A ROAD.

WELL, ALL YOU HAVE TO DO IS LOOK AT THE STATE BUDGET.

SO DONE. RIGHT. SO EVEN IF THEY RULED, YOU HAVE TO SHOW THAT YOU HAVE THE MONEY.

THEY CAN GO I GOT THE MONEY. SO IT'S FAIRLY ELEMENTARY IN THAT REGARD.

AND I, I IT JUST DEPENDS ON HOW THE PARTIES TRY TO COMPLICATE IT.

SO YES. COULD WE POTENTIALLY SEEK PERMISSION FROM THE COURT TO FILE AN AMICUS BRIEF? WE COULD IT'S NOT REALLY MY RECOMMENDATION. AND THE REASON WHY IS IT'S IT'S IT'S GOING TO COST SOME MONEY.

THE TIME IS AN ISSUE, TOO, BUT IT'S GOING TO COST MONEY, AND AND I DON'T KNOW WHETHER OR NOT IT WOULD BE FRUITFUL EVEN IF WE FILED THE EVEN THE MOTION ITSELF IS, IS IS GOING TO TAKE SEVERAL HOURS WHICH IS GOING TO LIKE I SAID, IT'S GOING TO COST MONEY.

IT'S GOING TO COST SOMEWHERE BETWEEN 5 AND $15,000 TO TO DO THE RESEARCH AND WRITE THE MOTION.

AND THEN IF THEY DON'T GRANT THE MOTION, WE'VE JUST SPENT $15,000 ON SOMETHING THAT'S NOT GOING TO GO ANYWHERE.

AND LIKE I SAID, MY INKLING IS BECAUSE OF THE RELATIVELY SIMPLE NATURE OF IT THAT THEY MIGHT NOT ENTERTAIN, THEY'RE NOT LIKELY TO ENTERTAIN GRANTING PERMISSION TO FILE AN AMICUS BRIEF.

TYPICALLY, WHEN FRIENDS OF THE COURT BRIEFS ARE PERMITTED IS WHEN THE ISSUE IS MORE COMPLEX AND WHEN IT'S MORE BROAD REACHING, LIKE IF SOMETHING'S GOING TO AFFECT SOMETHING STATEWIDE OR NATIONALLY YOU KNOW, IN THE FEDERAL COURTS OR IT'S A VERY COMPLEX ISSUE, THEN THEY WILL TYPICALLY ALLOW THAT. MY RECOMMENDATION WOULD BE TO DRAFT A RESOLUTION IN SUPPORT OF WEST OF OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND FDOT AND BRING THAT BACK TO YOU TO AND THEN YOU CAN YOU COULD SEND THAT AROUND TO OTHER MUNICIPALITIES POTENTIALLY AND THEN HAVE TRY TO ENCOURAGE THEM TO DRAFT RESOLUTIONS SUPPORTING FDOT AND SOUTH FLORIDA. BUT THAT'S WHERE I KNOW WITH THE STATUS OF THE CASE IS FOR RIGHT NOW.

COUNCIL MEMBER KIM, SINCE THIS WAS YOUR REQUEST, DO YOU WANT TO START WITH ANY COMMENTS? I MEAN, OBVIOUSLY I MENTIONED IT AND ACTUALLY, IF CHELSEA DID HAVE NOTES AND SHE IS PART OF THE TPA, SO SHE DID WANT TO GO FIRST, SHE COULD GO FIRST. ABSOLUTELY. THAT'S VERY KIND OF YOU.

THANK YOU. SO JUST ONCE YOU BROUGHT IT UP, WHICH I APPRECIATE.

THANK YOU VERY MUCH. I DID A LITTLE RESEARCH AND THE TPA, WHICH, BY THE WAY, BECAME THE MPO TODAY.

SO WE HAD A VOTE TO GO BACK TO BEING THE BACK TO BEING THE MPO, JUST TO BE CONSISTENT WITH STATE AND FEDERAL,

[00:25:04]

SO THE TPA ALONE HAS VOTED REALLY KEY VOTES IN SUPPORT OF STATE ROAD SEVEN SPECIFICALLY, MOST RECENTLY IN 2019 2020, 2024. IF YOU GO BACK TO THE RECORDS OF THOSE VOTES, THE ONLY DISSENTING VOTES CAME FROM WEST PALM, RIGHT? SO THAT MEANS THAT ON THE TPA. AND BEAR WITH ME, WE HAVE THE CITY OF PALM BEACH GARDENS AS WELL, REPRESENTED BY YOUR CITY COUNCIL AS WELL AS DISTRICT ONE, MARIA MARINO.

THEN YOU'VE GOT PALM BEACH COUNTY ON THE TPA BOARD BOCA RATON, WELLINGTON, BELLE GLADE, BOYNTON, DELRAY, GREENACRES, JUPITER LAKE, WORTH BEACH, PALM SPRINGS, PORT OF PALM BEACH, RIVIERA BEACH AND ROYAL PALM, WHO HAVE ALL CONSISTENTLY VOTED IN SUPPORT OF STATE ROAD SEVEN ON EVERY SINGLE DOCUMENT.

AGAIN, THE ONLY DISSENTING VOTE BEING WEST PALM BEACH.

SO AS FAR AS THE ACTUAL PROJECT ITSELF, IN SPEAKING WITH FOLKS AT FDOT, AS WELL AS THE PEOPLE WHO PLAN, PRIORITIZE AND FUND THESE DIFFERENT PROJECTS, IN THEIR MIND, EVERYTHING IS STILL ON TRACK.

THE CURRENT APPEAL IS NOT EXPECTED TO PREVAIL.

AND FROM THERE AND, YOU KNOW, MY CONSIDERATION FOR COUNCIL WOULD BE THAT THERE REALLY ISN'T A NEED TO SPEND THE MONEY AND TIME TO PRESENT A BRIEF OR ANY SORT OF LEGALESE ON THIS.

THE SUPPORT HAS BEEN VOTED ON MULTIPLE TIMES OVER YEARS AND YEARS AND YEARS.

RIGHT. AND WE'RE ALMOST AT THE END OF THIS. SO OF COURSE, LET'S ALL TALK ABOUT IT.

A RESOLUTION IN SUPPORT OF STATE ROAD SEVEN SAYING THAT IT PROVIDES A SAFE, EFFICIENT AND ENVIRONMENTALLY SENSITIVE CONNECTION BETWEEN OKEECHOBEE AND NORTHLAKE BOULEVARD TO IMPROVE SAFETY AND CONNECT OUR WESTERN PALM BEACH COUNTY WOULD PROBABLY BE ACCEPTED AND HELPFUL.

HOWEVER, GOING LEGAL ON IT, I THINK IT'S ALMOST KIND OF YOU KNOW, WE'VE ALREADY BEEN DOING THAT.

AND SO IT SOUNDS, YOU KNOW, ESPECIALLY WITH MAX'S CONVERSATION AND EVERYTHING HE'S DONE TO EDUCATE US THAT IT'S A IT'S A GOOD IDEA.

BUT I THINK WE ARRIVED A LITTLE TOO LATE ON IT.

I AGREE WITH, WITH ALL OF THAT. AND INITIALLY, I APPRECIATE MAX BRINGING MULTIPLE OPTIONS OF A RESOLUTION AND THEN A LEGAL OPTION, AND MY INITIAL THOUGHT PROCESS BEHIND THIS WAS I NEVER WANTED TO GET INVOLVED NECESSARILY IN THE LAWSUIT, BUT I THINK THE LOUDEST VOTE WHEN IT COMES TO STATE ROAD SEVEN HAS ALWAYS BEEN THE ONE NO VOTE, BECAUSE NOBODY KIND OF HAS BEEN PUBLICLY SENDING ANYTHING TO THE JUDGE, EVEN THOUGH THERE'S BEEN A LOT OF YES VOTES.

AND I THINK THE RESOLUTION, I AGREE, MIGHT BE THE BETTER WAY TO GO ABOUT THAT. AND MOTIONING A RESOLUTION JUST TO KIND OF SAY THIS, WE ARE IN SUPPORT OF IT AND, YOU KNOW, KIND OF SEND THAT AROUND TO THE OTHER CITIES WAS KIND OF THE IDEA I HAD IN MY HEAD.

AND, YOU KNOW, AS IN ANYTHING, NOBODY WANTS TO START WITH LEGAL INITIALLY MAYBE ATTORNEYS, BUT I DEFINITELY DON'T WANT TO START THERE. SO YOU KNOW, AND I THINK START WITH THE MINIMUM.

AND LIKE I SAID, THERE'S IT SEEMS LIKE THERE'S NOT A CHANCE OF THE IT PASSING, SO IT'S PROBABLY GOING TO BE TURNED DOWN ANYWAYS.

SO MAYBE STARTING WITH THE RESOLUTION, I DEFINITELY BELIEVE WOULD BE THE BEST WAY TO GO IS MOTIONING FOR THAT RESOLUTION TO JUST SAY THAT WE'RE IN SUPPORT OF IT AS OPPOSED TO THE OTHER WAY. I WOULD SUPPORT A RESOLUTION, YOU KNOW, BASED ON ALL THE INFORMATION THAT MAX HAS SHARED.

AND CHELSEA AND I AGREE WITH JOHN, I WOULD BE IN SUPPORT OF A RESOLUTION AS WELL.

YEAH. I'M NOT I'M NOT SPENDING ANY MONEY. SO I LIKE YOU, MAX, BUT 5 TO 15 GRAND.

YEAH, I THINK WE'LL PASS ON THAT RESOLUTION ALL DAY LONG.

AND THE OTHER CITIES KNOW WHERE WE STAND WITH THE LANGUAGE THAT CHELSEA JUST INDICATED. LET'S DO IT.

PUT IT OUT. WELL, YOU KNOW HOW I FEEL. I'M. I'M ALWAYS TRYING TO KEEP US FROM HAVING TO SPEND MONEY ON LITIGATION.

I WOULD MUCH RATHER SPEND MY TIME AND THE TAXPAYERS DOLLARS DOING WORK THAT'S MORE SUBSTANTIVE THAN MESSING AROUND IN COURT.

OKAY, I GUESS WE HAVE OUR DIRECTION. THANK YOU.

APPRECIATE YOU BRINGING ALL THE OPTIONS TO US FOR THE NEXT THE NEXT MEETING.

OKAY. WONDERFUL. THANK YOU. OKAY. IS THAT IT FOR THE.

YES, MA'AM. OKAY. AND SEEING NO OTHER BUSINESS, THEN THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.