HomeMy WebLinkAboutMinutes Council 020101CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
February 1, 2001
The February 1, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located
at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance:
Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember
Lauren Furtado, and Councilmember Carl Sabatello.
ANNOUNCEMENTS:
Mayor Russo reported Resolution 30, 2001, a BallenIsles Parcel 23 Plat, had been added to the
agenda after the workshop, which would be considered if the Council agreed. Consensus was to
consider Resolution 30, 2001.
CITY MANAGER REPORT:
Mayor Russo reported Mr. Ron Ferris had accepted the job of City Manager. Mr. Ferris indicated
he appreciated the opportunity to work with the City. City Attorney Rubin reviewed the terms of
the City Manager's contract. Possible amendment to the Charter requirement requiring the City
Manager to live within the City was discussed. Councilmember Furtado noted the salary proposed
for Mr. Ferris was $13,000 higher than that paid to the former City Manager, to which she was not
opposed, and the other members of the City Council expressed that they had no problems with any
of the proposed conditions. Councilman Clark made a motion to authorize the City Attorney to
prepare a contract to appoint Ron Ferris as City Manager embodying the terms set forth in the
memorandum presented to the City Council, and to authorize the Mayor to execute the contract after
further review on Consent Agenda at the next meeting, and to appoint Mr. Ferris as permanent City
Manager subject to execution of the agreement. Vice Mayor Jablin seconded the motion, which
carried by unanimous 5 -0 vote.
A moment of silence was observed for Leslie Ferris, a member of the Police Pension Board who had
passed away that morning,
a. Public Information Report — Assistant to the City Manager, Beth Ingold -Love reported she
had planned to present a plaque to Ms. Ferris for her service, which was no longer
appropriate; that the Community Map and Guide would be published this month; that 24
employees represented the City in The Race For The Cure on January 27; that Spanish
classes had been resumed; that the City Line would be published this month; that the zip
code issue was still in process; and that traffic calming meetings were being conducted.
b. Report on Proposed Budget Revisions - Chief Pete Bergel reviewed the guidelines for
proposed revisions, and explained how each Department and the Budget Review Committee
had prioritized the revisions. Chief Bergel said that a report of all proposed changes would
be available on Monday following this meeting. Mayor Russo requested this report be
discussed at the next meeting.
COMMENTS FROM THE PUBLIC:
Joan Elias, 1009 Diamond Head Way, commented she was very happy Mr. Ferris was staying on as
the permanent City Manager.
CONSENT AGENDA:
Councilman Clark moved approval of the Consent Agenda. Vice Mayor Jablin seconded the motion.
Councilmember Furtado requested item (i) be pulled. Councilman Sabatello commented he was
a homebuilder at BallenIsles but had no involvement with items (d), (h), and 0). Councilman Clark
withdrew his motion, and made a motion to approve the Consent Agenda with the exception of item
(i). Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following
items were approved on the Consent Agenda:
a. Consideration of approving Minutes from the January 2, 2001 City Council Workshop
Meeting.
b. Consideration of approving Minutes from the January 4, 2001 Regular City Council Meeting.
C. Resolution 1, 2001 - Legacy Place Environmental Preserve. Consideration of approving a
Conceptual Upland Preserve set aside for Parcels 28.01, 5A and 5B, providing for conditions.
d. Resolution 12, 2001 - Concurrent Processing Consideration - BallenIsles PCD &N
Maintenance Facility. Consideration of approving concurrent processing of a site plan
application and a Planned Community District (PCD) amendment for the property known
as `BallenIsles."
e. Resolution 17, 2001 - Beautification and Environmental Committee. Consideration of re-
appointing five (5) members to the Beautification and Environmental Committee.
f. Resolution 20, 2001 - Easement for Seacoast. Consideration of authorizing execution of an
Easement Deed in favor of Seacoast Utility Authority.
g. Resolution 22, 2001 - P.B.A. Agreement. Consideration of authorizing a Memorandum of
Understanding with Palm Beach County PBA to increase Communication Operators salaries.
h. Resolution 23, 2001 - Amendment to Resolution 58, 2000. Consideration of amending
Resolution 58, 2000 to change a condition of approval relating to the Site Plan for the Golf
Course Maintenance Facility located within the Mirasol Planned Community District.
i. Resolution 24, 2001- Consideration of opposing a High Speed Rail Transportation System
going through the City of Palm Beach Gardens.
j. Resolution 30, 2001 — BallenIsles- Parcel 23 Plat. Consideration of approving the
BallenIsles- Parcel 23 Plat.
Hank Gonzales spoke to item (i) Resolution 24, 2001, which had been on the consent agenda for
consideration of opposing a High Speed Rail Transportation System going through the City of Palm
Beach Gardens. Mr. Gonzales expressed his opinion that the Resolution did not sufficiently address
the City's concern that there was a Constitutional amendment calling for construction of the high
speed rail within a very short time frame; seemed to put the City in the position of saying high speed
rails were bad and not focusing on the issue of the appropriateness of a Constitutional amendment
for this item; placed the State under a very unrealistic time frame for completion; and would cost the
taxpayers dollars that could be inappropriately spent in trying to rush this project. Mr. Gonzales
requested this item be reconsidered for the next meeting.
PUBLIC HEARINGS:
Ordinance 35, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval of an application from Tenet of South Florida Health Systems for an
amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was
CITY COUNCIL REGULAR MEETING, 2/1/01 3
originally approved by Ordinance 28, 1991 and was subsequently amended by Resolution 92, 1992,
Resolution 3, 1995 and Ordinance 26, 1995; approving a change in uses of 81,600 square feet of
previously approved unbuilt medical center uses located at the southeast corner of Burns Road and
Gardens East Drive, as more particularly described herein; providing for conditions of approval;
providing for waivers; providing for severability; providing for conflicts; an d providing for an
effective date. This Public Hearing was continued from January 4, 2001. Senior Planner Edward
Tombari reviewed the project and answered questions from the City Council. Ed Oliver, agent for
the Petitioner, introduced others present on behalf of the petitioner, and commented the petitioner
currently maintained and would continue to maintain the irrigation of landscaping along the roadway
abutting the petitioner's property, and was amenable to that condition being written into the
ordinance. Mr. Oliver noted the existing PUD provided only for an area on the third floor addition
to have a mansard roof around it and not to have a mansard on all the roofs, and requested the
building be constructed as proposed. Mr. Oliver explained that the new 3 -story medical office
building was a separate structure with a mansard roof. Clint Matthews, CEO, Palm Beach Gardens
Medical Center, reviewed medical equipment which could be purchased for the hospital rather than
spending dollars adding mansard roofs to all of the hospital. Discussion ensued regarding the
possibility of additional landscaping to soften the architecture rather than adding the mansard roofs.
Frank Maroney, Landscape Architect, explained the proposed landscaping. Mr. Oliver explained
that on the third floor addition, some cornice banding had been added at the top. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark
made a motion to approve Ordinance 35, 2000 on Second Reading by title only. Vice Mayor Jablin
seconded the motion. During discussion of the motion, the City Attorney verified for Councilman
Sabatello that a condition requiring continued landscaping maintenance should be included.
Councilman Clark withdrew his motion and made a new motion to approve Ordinance 35, 2000 on
Second Reading by title only with the following condition included: "The Applicant agrees to
continue to maintain the landscaping within the abutting right -of -ways to the standards of the City."
Vice Mayor Jablin withdrew his second to the original motion and seconded the revised motion,
which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 35, 2000 on Second Reading
by title only.
ORDINANCES:
Ordinance 01, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, amending Article
III of the Palm Beach Gardens Code, entitled Police Officers' Retirement Trust Fund; revising
provisions regarding establishment and maintenance of Retirement System; revising provisions
regarding statutory compliance; revising provisions regarding normal retirement; revising provisions
regarding disability retirement; revising provisions regarding death benefits; revising provisions
regarding lump sum payment of small retirement income; revising provisions regarding prior Police
Officer service; adding new provision regarding cost of living adjustments; revising provisions
regarding eligibility to participate; providing for the repeal of any part of the Palm Beach Gardens
Code, any Ordinance or Resolution or parts thereof in conflict herewith; providing for severability;
and providing for an effective date. Mayor Russo noted that the proposed benefits would be
provided without cost to the City, and that the disability benefit needed clarification before Second
Reading. Jay Spencer, Chairperson of the Police Pension Board, introduced Ms. Jensen, Counsel
for the Police Pension Board, who provided a presentation explaining the proposed changes. Leslie
CITY COUNCIL REGULAR MEETING, 2/1/01 4
Ferris, a former member of the Police Pension Board who had passed away, was credited with her
work on the proposed changes by Vice Mayor Jablin. Councilman Clark moved Ordinance 01, 2001
be placed on First Reading by Title Only. Councilwoman Furtado seconded the motion, which
carried by unanimous 5 -0 vote. The City Clerk read Ordinance 01, 2001 on First Reading by title
only.
ITEMS FOR COUNCIL ACTION:
City Manager Ron Ferris noted that Growth Management Director pay scales in other municipalities
exceeded those of the City and that the top candidate's salary expectations exceeded the range
offered by the City. The City Manager reviewed options to resolve this issue and recommended the
option of hiring the top candidate at the top of the City's current scale and to have a salary study
done immediately so that adjustments could be made. Consensus was to accept the City Manager's
recommendation.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilwoman Furtado requested that the City's election procedures be reviewed. City Manager
Ferris responded that the City's election procedures had been studied and were in compliance with
current law. Councilman Sabatello requested that the City Attorney address the Seacoast Utility
memo. Councilman Sabatello suggested each Council member compose a list of priorities for the
new City Manager. Mr. Ferris indicated he invited the submission of priorities and wished to meet
with the members of the City Council to establish priorities and time frames. Mayor Russo
commented he believed the workshop with the City Council should take place following the election.
Councilman Clark reported he had attended the Loxahatchee River Coordinating Committee meeting
and distributed handouts regarding plans to change the control structure relating to the Loxahatchee
Slough, and also reported that the new Chairman of the Committee was Richard Dent. Councilman
Clark commented he had met Leslie Ferris through Vice Mayor Jablin and had spoken to her
regarding the amendment to the Police Pension Plan, and indicated that she would be missed. City
Manager Ferris introduced the new Human Resources Director, Hank DuFour.
CITY ATTORNEY REPORT:
City Attorney Len Rubin reported it is anticipated that in 2003 the City of Palm Beach Gardens will
be the majority control entity within Seacoast Utility Authority, with more than 50% of the weighted
vote. The City Attorney indicated the Seacoast Utility Authority Board was presently considering
changes to their voting procedures which would severely impair the majority control entity's ability
to set policy, and the City's position was that the majority control entity must agree with whatever
was being voted on in order for the Board to act. A prior legal opinion had not taken this position,
and the Seacoast Board had indicated their intent to rely on that opinion rather than that of the City's
legal counsel, but had not yet taken any action. City Attorney Rubin commented he would meet with
members of the City Council and provide as much information as they desired on this issue, but
nothing could be done until the Board acted, after which remedies could be pursued.
CITY COUNCIL REGULAR MEETING, 2/1/01
5
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice
Mayor Jablin, carried 5 -0, the meeting was adjourned at 8:40 p.m.
APPROVAL:
YOR
CHAIRMAN Pr-TEM CARL SABATELLO
A; 0, **�
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FUR ADO
ATTEST:
CAROL GOLD
CITY CLERK