HomeMy WebLinkAboutMinutes Council 090401CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 2001
The September 4, 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
found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin,
Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tern Carl
Sabatello.
RE -ORDER AGENDA: Councilmember Furtado made a motion to move Ordinance 32,
2001 to the front of the agenda. Vice Mayor Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
PUBLIC HEARING: Ordinance 32, 2001 - Mayor Russo declared the public hearing
open, held on the intent of Ordinance 32, 2001 - Fiscal Year 2001 -2002 Budget - An
ordinance of the City Council of the City of Palm Beach Gardens, Florida, affixing a total
valuation of the real and personal property located within the corporate limits of the City
of Palm Beach Gardens, Florida, for the year ending December 31, 2001; establishing a
tax rate thereon for said year; levying a tax on said real and personal property for said
year; adopting a fiscal budget for the fiscal year beginning on October 1, 2001 and ending
on September 30, 2002, inclusive; appropriating funds for expenditures in accordance
with said budget; providing for the repeal of ordinances in conflict herewith; and,
providing for an effective date, for consideration of first reading. Mayor Russo
requested input from the residents on how they would like the City Council to reduce
costs and their feelings on the services provided. City Manager Ron Ferris presented the
proposed budget. Sy Fine, Burns Road, stated his question had been answered and he
applauded the City for bringing in an in -house engineer. Bob Kaplan, Windward Drive,
commented on the presentation and made suggestions for improvement. Mr. Kaplan
expressed concern there were fewer policemen than last year and commented that he
would be more comfortable with dollar amounts by line item. Police Chief FitzGerald
explained the City was a little below the State and national standard of police officers per
population, and that crime was up in the City. The City Manager indicated that budget
dollar numbers could be provided for 1998 to the present, and offered to schedule a
meeting with Mr. Kaplan. Mayor Russo explained that utility fees would naturally
increase with each new development. Tom Sosey, Bent Tree, questioned why it was
cheaper to bring engineering in- house, to which the City Manager responded the
comparison done had shown savings as well as being able to use in -house engineers for
more than just Growth Management. Marilyn Jacobs, Bermuda Lake Drive, expressed
concern that there was not equity because western residents had to pay add -ons the
developer could not pay. Raymond Katz, Sun Terrace Court, indicated he would like to
see the art coordinator position extended from part time to full time. John Rose, Holly
Drive, indicated the City should be run more like a business, discussed the new fire
station, and what could be done with existing staff and facilities to reduce response times
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/01 2
slightly to hold until the revenue from new development was received. Staff clarified the
response time calculations by districts, which did not include call handling time or
turnout time that could add up to two minutes. Mr. Rose suggested reducing the number
of linear feet proposed for canal work to be done by Public Works. Frank Scaltrito, 4 Via
Angelico, indicated that PGA National residents paid twice for drainage, and also
suggested postponing some planned services until next year so that new residents could
help pay. Mike Martino, Balsam Street, suggested there had not been enough time spent
on the budget, with only one workshop, and requested the City not price him out of his
home. Mr. Martino indicated residents had been taxed twice for the new fire station and
for engineering; that no City should practice deficit spending; that the City Manager
should propose which services could be cut; and indicated the increase could be cut 50 %.
Mayor Russo indicated the prior budget had been reduced and most of the original
allocation for the fire station had been cut. Sam Carsillo expressed his opinion the
developers should help defray expenses, wanted to see a comprehensive plan of what
improvements were needed in the City, commented on the poor landscaping conditions
and traffic jams on Holly Drive, and that the City could not keep digging in the canals
without putting in seawalls. Joan Elias, Diamond Head Way in PGA National, indicated
the City was going to have raise taxes, and commended the Council for giving the
residents new fire station. Joan Altwater, Cypress Hollow, expressed concern with traffic
jams impeding emergency vehicles, suggested re- evaluation of homes, suggested paying
school crossing guards more so police officers would not have to be used for that, and
agreed western communities were paying more for their services. The Mayor explained
the difficulty of hiring crossing guards, indicated the value of homes would go up when
values in their neighborhoods went up and tax increases were limited to 3 %. The Mayor
indicated improvements in the older sections had not been included in this budget, but
they were needed. Siro DeGasperis, 7 Governors Court, expressed his opinion the tax
increase could not be cut 50% and that if response times were increased; it could mean
the difference between life and death. Mr. Bosso wondered what the taxes would have
been if the City had not expanded. The Mayor indicated studies showed growth did not
pay for itself and past annexations were done to control the quality of the areas. The
Mayor explained the current problem was from the lag before the revenue being realized
from new development. Adrian Salle, Oaks East, commented inflation must be taken into
account when looking at the increased taxes, and that the response time had saved the life
of a neighbor. The Mayor requested the tax history chart for the past eight years be
provided by staff. Richard Orman, Oak Street, commended staff on the quality of their
presentation and the residents for their excellent comments. Mr. Orman was in favor of
the new fire station but that it should not be fully staffed for fire suppression, but only for
rescue services. Mr. Orman commented on the land use changes being done to the
Comprehensive Plan, to which the Mayor responded several had been denied. Gus
Constantine, Bedford Avenue, suggested looking at the Department Heads reducing costs
and what they could do to improve efficiency. Mr. Constantine commented on lights
being left on at the ballpark when no one was there. The Mayor suggested another
meeting to discuss such items. Staff reported the problem with the lights at the ballfields
was being addressed. A Bay Village Court resident was told he did not live in the City
but his suggestions for the budget were heard. Sherry Woods, Ilex Circle North, and
President of the Gardenia Gardens Neighborhood Association commented the services
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/01 3
were very important, agreed with the City not giving tax breaks for incoming industries,
and requested more information regarding County -run fire stations. Mrs. Woods favored
trimming fat in the budget but not reducing services, and volunteered her services to help.
Mrs. Woods commented in her neighborhood there were code enforcement problems but
no fines had been imposed. Assistant Finance Director Holly Lusader explained the tax
comparison chart for the past ten years, which showed some years when taxes had not
been raised. Pat Hughey expressed appreciation for the visuals in the presentation and the
number of people in attendance. Another resident commented the City could be run like
a business. Hearing no further comments from the public, Mayor Russo declared the
public hearing closed. A more informal meeting to include residents and staff was
scheduled for the next Thursday. Mayor Russo requested the numbers be reduced on
canal work unless houses were in danger of flooding, and that Mr. Orman's idea of not
fully staffing the new fire station fire suppression but only for rescue services be
explored. Councilmember Furtado requested an amount be established for Department
Heads to work with and be accountable for. Councilmember Sabatello indicated he
wanted levels of service to get better each year, that fat should be eliminated, that a canal
report was needed before the $528,000 canal restoration was included in the final budget
and that he relied on long -time residents that felt the system worked if the gates were
opened, that he was disappointed to hear tonight that crime was up while the number of
police were down and requested more information on that matter. Councilmember Clark
indicated the crime rate had been published on one day in the Palm Beach Post, agreed
there should be plenty of policemen on the street, agreed the canal restoration was
needed. Mayor Russo commented the City had overspent each year for the last four
years on drainage. Councilmember Sabatello commented the system worked if the gates
were properly managed, but during a major storm there would probably be flooding
anyway. Councilmember Clark agreed the City should not spend all the money proposed
for the canal system but that the Council should commit to making this a priority after
receiving the report. Vice Mayor Jablin expressed his opinion that major drainage
problems had been fixed but he was not convinced the amount budgeted for this year
should be spent. Mayor Russo commented he would not budget for something unless he
knew it was needed, so he needed to know if houses would not be flooded. The City
Attorney commented the recommended rate could be approved at first reading and
lowered later, but a lower rate could not be raised later. The Council indicated they did
not support the recommended number but were approving the rate with the understanding
it would be cut before final approval. Councilmember Clark made a motion to adopt a
tentative millage rate of 6.3685 mills, an increase of 31.8% over the rolled back rate.
Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Councilmember Clark made a motion to adopt the tentative fiscal year 2002 -2002 budget
in the amount of $43,529,785. Vice Mayor Jablin seconded the motion. Councilmember
Sabatello verified this was a tentative budget. Motion carried by unanimous 5 -0 vote.
Councilmember Clark made a motion to place Ordinance 32, 2001 on first reading by
title only. Vice Mayor Jablin seconded the motion. Councilmember Furtado requested
detailed information on the police issue and noted a police officer crossing guard should
be paid for by NorthMil. The motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 32, 2001 on first reading by title only.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/01 4
ITEMS & REPORTS BY MAYOR AND COUNCIL: The Vice Mayor reported this is
the 7" year of operation for Flower Kingdom, who was a good neighbor. Vice Mayor
Jablin reported that Garrick Carol, co- founder and managing director of the Palm Beach
Gardens concert band, had passed away, and his son was planning to continue his father's
dream to bring the concert band to the city plaza for concerts. The Vice Mayor reported
also that the father of Jeff Atwater, John Atwater, a decorated war hero and FBI agent for
many years, had also passed away. Councilmember Clark reported the third quarterly
Intergovernmental Issues Council Forum had met in Lantana but there had been no issues
affecting the City; however, unhappiness had been expressed before the meeting
regarding the City's deletion of roads from the plans. Mayor Russo reported he also
attended the service for Jeff Atwater's father and another for a 35 -year old City resident.
The Mayor also reported he attended the economic meeting put together by the Chamber
of Commerce and he and the Mayor of Riviera Beach had recommended a more
proactive stance. Councilmember Furtado commented 20% of the City's revenue came
from commercial enterprises, which could increase to provide a larger portion of the
City's tax base.
CITY MANANGER REPORT: The City Manager reported the Finance Department
had gone out for RFP's on casualty and property insurance, and had negotiated costs on
health and dental, resulting in savings to the City. The City Manager reported that
payment for occupational licenses and permits would be transferred to the Building
Department. Mr. Ferris also reported trees were being installed in the municipal parking
lot.
CONSENT AGENDA:
Councilmember Clark moved approval of the Consent Agenda. Motion was seconded by
Councilmember Furtado and carried by unanimous 5 -0 vote. The following items were
approved on the consent agenda:
a. Consideration of approving Minutes from the August 2, 2001 Regular City
Council Meeting
b. Resolution 131, 2001 — Termination of a Unity of Title. Consideration of
authorizing the Growth Management Director to execute a termination of a Unity of Title
for lots 2, 3, 4, and 5 of blocks 12 of the plat of Palm Beach Garden Estates (Plat No. 1).
C. Resolution 133, 2001 — Interlocal Agreement for Dispatch Services.
Consideration of an Interlocal Agreement for Dispatch Services by and between Palm
Beach County and the City of Palm Beach Gardens.
d. Resolution 134, 2001 — Character First. Consideration of endorsing the efforts of
the International Association of Character Cities to establish a diverse "Character
Council" within the community.
PUBLIC HEARINGS:
Ordinance 29, 2001 — Mayor Russo declared the public hearing open, held on the intent
of Ordinance 29, 2001 - An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for approval of a conditional use for the expansion of a
temple including the construction of social hall, future sanctuary with a maximum of 275
seats, kitchen and storage facilities, lobby and restroom facilities, expansion of the
educational facilities to accommodate a maximum of 102 students, and future offices, to
be located on a 5 -acre site located on the north side of Hood Road, halfway between
Military Trail and Central Boulevard, at 4657 Hood Road; providing for conditions of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/01 5
approval; providing for conflicts; providing for severability; and providing for an
effective date, for consideration on Second Reading. Growth Management Director
Charles Wu called attention to a new condition of approval regarding photometrics.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Clark moved Ordinance 29, 2001 be placed on second reading by title
only and approved. Vice Mayor Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 29, 2001 by title only on second
reading.
Ordinance 28, 2001 — Mayor Russo declared the public hearing open, held on the intent
of Ordinance 28, 2001 - An ordinance of the City Council of the City of Palm Beach
Gardens providing for an amendment of the City of Palm Beach Gardens Budget for the
Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive;
providing for the repeal of ordinances in conflict herewith; providing for severability;
and, providing for an effective date, for consideration on second reading. Hearing no
comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Clark moved Ordinance 28, 2001 be placed on second reading by title
only and approved. Vice Mayor Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 28, 2001 by title only on second
reading.
ORDINANCES:
Ordinance 36, 2001 — An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for the approval of the application from Mutual Land
Development Company for an amendment to the previously approved "Marina Gardens"
Planned Unit Development (PUD) by revising the traffic analysis and the condition of
approval referencing the build -out date for the 65 townhome units on the 7.6 -acre site
located approximately 500 feet to the east of the intersection of Prosperity Farms Road
and Idlewild Road, on the south side of Idlewild Road, more particularly described
herein; providing for a condition of approval; providing for severability; providing for
conflicts; and providing for an effective date, presented for consideration on first reading.
Growth Management Director Charles Wu presented the project and answered questions
from the City Council. Councilmember Clark moved Ordinance 36, 2001 be placed on
first reading by title only. Vice Mayor Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 36, 2001 by title only on first
reading.
CITY ATTORNEY REPORT:
Monthly Litigation Report - The City Attorney indicated the report was included in
Councilmembers' packets, and highlighted one item, which was a lawsuit filed against
the City by the owners of Hilltop Gardens in which the Court had awarded summary
judgment in favor of the City.
OTHER COMMENTS: The Vice Mayor thanked the Police Department for their
participation in Mr. Atwater's funeral service.
ADJOURNMENT:
There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded
by Councilmember Clark, carried 5 -0, the meeting was adjourned at 10:00 p.m.
CITY OF PALM BEACH GARDENS RE;QULAR MXETING, 9/4/01 6
APPROVAL: � /V -
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CHAIRMAN P . O EM CARL SABATELLO
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