HomeMy WebLinkAboutMinutes Council 091301CITY OF PALM BEACH GARDENS .
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2001
The September 13, 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, a moment of silence, prayer, and
comments by the Mayor regarding the terrorist acts which took place on September 11,
2001.
ROLL CALL: The City Clerk called the roll and the following elected officials were in
attendance: Mayor Joseph R. Russo, Councilmember Lauren Furtado, Councilmember
David Clark, and Chair Pro Tem Carl Sabatello. Vice Mayor Eric Jablin was absent from
the meeting.
RE -ORDER AGENDA: Councilmember Furtado made a motion to re -order the agenda
to move public hearings on the budget to be the first item; to pull Consent Agenda Item c,
Resolution 132; to pull Consent Agenda Item i, Resolution 140; and to pull Consent
Agenda Item k. Councilmember Clark seconded the motion, which carried by unanimous
5 -0 vote.
PUBLIC HEARING:
Fiscal Year 2001 -2002 City of Palm Beach Gardens Budget - City Manager Ron Ferris
reviewed the revised proposed budget under which the proposed 23% tax rate increase
could be reduced to 17.16 %, and explained that adding $400,000 for canal work would
bring the tax increase to 19 %. Mr. Ferris urged the residents to forget the past and give
staff the resources to do their jobs.
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 second reading. Mayor Russo reviewed what had happened in
the past under a previous City Manager to deplete reserves, indicated that with this
proposed budget reserves would be established at approximately $3.4 million, and by
next year should be approximately $4 million, which was what the City needed. Mayor
Russo stated he planned a Budget Review and Oversight Committee using successful
corporate resident volunteers, and that the next budget process would be started
immediately. The Mayor indicated the goal for next year would be a minimal tax
increase, if any. Julia Byrd, Daffodil Circle South, said she had been concerned about the
golf course management and recommended the golf course manager report directly to the
City Manager. Ms. Byrd expressed concern with the agreement signed with Palm Beach
County on the District Park, to which Mayor Russo responded he agreed and that would
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/13/01 2
be reviewed. Ms. Byrd expressed her opinion the City Manager's office should conduct
the salary survey instead of hiring a consultant, that she felt the same about the lobbyist,
and commented she believed the long- residents should not be penalized with additional
taxes while waiting for completion of new developments. Ms. Byrd expressed her
opinion the Council and Manager should oversee the budget, and not allow overspending.
Mayor Russo explained that as soon as the overspending had been identified it had been
addressed.
Joe Wolf, Oaks East, questioned the large increase in the millage rate over the past 5
years, and expressed his opinion that services should be proport ional to the number of
people. John Zuerley, Applecrest Drive, asked if any bond issues would be considered.
Mayor Russo responded all revenue resources would be explored for drainage, including
federal funds. Funding for the new fire station was explained in response to this
resident. Mr. Zuerley recommended using residents with corporate budget experience to
oversee the budget. ,
Harry DiChico, Oaks East, questioned the amount budgeted for engineering and the cost
overrun, and suggested one person only be able to authorize the engineer to proceed with
work. The City Manager indicated the recommended plan was to: have the engineer on a
monthly budget amount under the City Manager's control, to itransition over a year to
become in -house engineering.
Ellen Finnerty, PGA National, expressed her opinion that six positions in the Human
Resources Department was too many for the number of employees, and expressed her
opinion that department should be able to do the salary survey. 'Ms. Finnerty indicated
perhaps the number of HR positions could be reduced to allow hiring a needed police
officer. Mayor Russo requested a full report on this at the next meeting.
Bob Kaplan, Windward Drive, commented the Council and City Manager had tried to
respond to all the suggestions and expressed his thanks. Mr. Kaplan questioned
eliminating a grant writer, asked what was proposed for the canals, and again requested a
simple budget summary explaining why changes were made. Mayor Russo explained
next year's budget would be simplified along the lines suggested by Mr. Kaplan. The
City Manager explained a grant writer would be in -house next year.
Al Schultz, Lighthouse Drive, commented the millage rate had stayed level for years but
had begun to go up in recent years. Mr. Schultz suggested taking the total that would be
received in ad valorem taxes, dividing that amount up among' the Departments, and
having each Department live with that amount. Mayor Russo indicated that this year
there were capital items that must be considered.
Norman Plotsky, Kelsey Park Drive, suggested using the concept of deficit financing, so
that new development would help pay for the fire station. It was explained the money
had been borrowed and placed in reserves, so that using those' funds would decrease
reserves.
David Benety, PGA National, commented that once the millage rate was increased it
would not be brought down, observed mowing and landscaping had increased $300,000,
stormwater increased $1 million, and facilities maintenance increased $250,000 —all
sizable percentages, and suggested revisiting those large increases. Staff members Holly
Luzader and Hoyt Owens addressed items that made up those large increases. Lois
Alcock, Althea Way, asked why money was borrowed for three items and then placed in
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/13/01
reserves and was not being used for those items, and indicated she wanted the money to
be spent for what it was labeled to be spent for, and not to allow over spending.
Carol Estrada, Riverside Drive, commented money for Riverside Drive improvements
was spent for something else, and she believed drainage was the top priority. Ms. Estrada
suggested obtaining an engineer with lower prices, explained how, other communities had
cut their budgets, and expressed concern that people were moving out of the City because
of higher taxes. Ms. Estrada favored giving each Department a set amount that they must
stay within. Ann Gott, Bent Tree, commented her neighbors had moved to Martin County
because of the high taxes, and suggested turning the value of preserve areas into dollars
for a fire station. Mayor Russo indicated developers in Golf Digest and Frenchman's
Reserve would provide fire stations, but impact fees had not been in effect soon enough
to pay for the current station. Development was continuing but no taxes could be
collected yet. The Mayor responded the City had done everything they could legally do
in regard to the developers. Charlotte Plotsky, Kelsey Park Drive, commented an idea
presented in the last workshop was an across the board 10% cut, and asked if that had
been considered. Mayor Russo responded $1.1 million had been cut which reduced the
potential tax increase from 23% to 17.1 %.
Hearing no further comments from the public, the Mayor declared the public hearing
closed. Councilmember Sabatello questioned the $100,000 line item for removing trees
in canal areas, to which staff responded the trees would be a threat in a storm. Staff
clarified canal restoration had been approximately $800,000 annually over the past four
years and the 17% budget had not included canal restoration, swale rehabilitation,
headwall work, pipe cleaning, and engineering; the 19% budget included canal
restoration between Lighthouse Drive and Holly Drive, and the 23% budget included all
of the items. Councilmember Sabatello asked how it could be guaranteed there would
not be overspending in the new budget, to which the City Manager responded by
describing procedures, which had already been established to prevent overspending.
Councilmember Sabatello disagreed with the projections for the next five years, noted the
expenses did not seem to be correctly projected, and indicated the City Manager would
be accountable for correct budgeting in the future. Councilmember Sabatello indicated
he did not want to put money into the budget without first having a report on the item,
and requested a report on drainage during the last large rainfall. Staff reported the times
the S -44 structure had been opened and that this structure could only release a certain
amount of water. The City Engineer explained storage was important but conveyance
was critical, and with the sediment in the canals the water could, not be conveyed early
enough in the rainstorm. Councilmember Sabatello asked why the gates could not be
opened a day earlier to release more water, to which the City Engineer explained that
there was only one foot of water in some areas of the canal so when one foot had drained
off no more flow to the gates could occur until the water built up behind that area.
Councilmember Furtado requested clarification regarding keeping engineering
contractural when an in -house comparison in 1999 had recommended a part time position
during transition to full time in -house engineering. Staff indicated keeping the
engineering contractural would save money next year. Councilmember Furtado
questioned hiring an in -house grant writer and expressed her opinion it would save more
money to allow the lobbyist do that work, increasing -his contract slightly.
Councilmember Sabatello suggested a percentage of what the lobbyist brought in, instead
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/13/01 4
of increasing his contract. Discussion ensued. The City Manager stressed the importance
of monitoring and control of the grants. Mayor Russo suggested pursuing this at a future
meeting. Councilmember Furtado noted standing water at several locations as reported
by residents, and stated she could not support taking the drainage money out of the
budget. Councilmember Sabatello expressed his opinion all the drainage dollars should
be spread over several years. Councilmember Furtado favored keeping the Cultural Arts
Director a part-time position currently, with which Councilmeber Sabatello agreed.
Councilmember Furtado favored keeping a total of 97 police officers, which would mean
hiring 6 officers; and reminded everyone that the repairs to the recreation building totaled
almost $5 million, which had to be taken care of besides the day -to -day items.
Councilmember Sabatello indicated he liked the way the police positions were being
phased. Councilmember Clark commented residents and staff had developed a vision
that was reflected in the Comprehensive Plan and the response times and number of
police officers were requirements under the plan, and cost money. Councilmember Clark
commented the City was still delivering quality services at a cost substantially below
what residents paid in other towns, and the City would continue to look for ways to do
better. Councilmember Clark favored keeping the money in the budget for restoration of
the canal between Lighthouse Drive and Holly Drive. Discussion ensued regarding where
money could come from for additional police officers, and that although an increase was
unpalatable there were items, including drainage, that must be .done in order to keep
levels of service that had been promised to the residents. Councilmember Sabatello
indicated he would favor the $400,000 drainage in the budget, so long as it was only
spent for what the report indicated was top priority. Recalculating the budget was
discussed. The City Manager indicated that a change of only $39,000 would not impact
the percentage. The City Attorney advised that both a resolution and ordinance needed to
be passed.
Resolution 144, 2001 - Councilmember Clark made a motion to approve Resolution 144,
2001 — A resolution of the City Council of the City of Palm Beach Gardens, Florida,
adopting the final levying of ad valorem taxes for the City of 'Palm Beach Gardens for
fiscal year 2001/2002; providing for an effective date, with the following amendments: In
Section One to change the operating millage rate from 5.9771 mills down to 5.7765 mills
which was greater than the rolled back rate of 4.35 mills by 27.38% in lieu of 31.8 %.
Councilmember Sabatello seconded the motion. The City Attorney advised that the
numbers were correct. The motion carried by unanimous 4 -0 vote.
Ordinance 32, 2001 — Councilmember Clark moved Ordinance 32, 2001 be placed on
second reading by title only and approved with the following amendments: In Section
Two, line one, change the millage rate from 6.3685 to 6.1679; and in line 2 change the
rate for current operations from 5.9771 to 5.7765. Councilmember Sabatello seconded the
motion. Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 32, 2001
on second reading by title only. Mayor Russo directed staff to bring back research on the
following items to City Council: Cultural Arts position as part time, the engineer, human
resources, and maintenance. Mayor Russo received consensus from the City Council to
proceed with a Budget Oversight and Review Committee. The Mayor recommended an
RFP for a new auditor.
COMMENTS FROM THE PUBLIC: Joel Brier, Executive Vice President,
Professional Firefighters & Paramedics of Palm Beach County, announced a group drive
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/13/01 5
would be conducted to help the New York disaster victims, requested a one -time
donation from payroll, announced a blood drive at Wellington, and stated that any help
would be appreciated.
RE -ORDER AGENDA: Councilmember Clark made a motion to pull from the Consent
Agenda Resolution 127, 2001 to be heard immediately following the Consent Agenda.
Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote.
CONSENT AGENDA:
Councilmember Clark moved approval of the Consent Agenda with the following items
removed: Items a, b, c, k, and I. Motion was seconded by Councilmember Furtado and
carried by unanimous 4 -0 vote. The following items were approved on the consent
agenda:
d. Resolution 135, 2001 — Sprint Communication Tower at :Palm Beach Gardens
Municipal Golf Course. Consideration of approving a site plan application from Sprint
Telecommunication to allow for construction of a 100 foot high wireless
telecommunication tower, to be located at the Palm Beach Gardens Municipal Golf
Course located approximately 3.5 miles west of the intersection of Beeline Highway and
Northlake Boulevard, as more particularly described herein; providing for conditions of
approval; providing for a waiver.
e. Resolution 136, 2001 — Joinder and Acceptance/Mirasol. Consideration of
executing a Joinder and Acceptance to the conveyance of easements and parcels within
the Mirasol PCD.
f. Resolution 137, 2001 — Mirabella at Mirasol Plat "A" Plat, Mirabella at Mirasol
Plat `B" Plat and Mirabella at Mirasol Plat "C" Plat. Consideration of approving the
Mirabella at Mirasol Plat "A" Plat, Mirabella at Mirasol Plat "B" Plat and Mirabella at
Mirasol Plat "C" Plat.
g. Resolution 138, 2001 — Mirasol Parcel Eight Plat, Mirasol Parcel Eighteen Plat
and Mirasol Parcel 20 Plat. Consideration of approving the Mirasol Parcel Eight Plat,
Mirasol Parcel Eighteen Plat, and Mirasol Parcel 20 Plat.
h. Resolution 139, 2001 — Isles at Palm Gardens Plat. Consideration of approving
the Isles at Palm Gardens Plat.
j. Resolution 141, 2001 — Frenchman's Reserve PCD -Plat One Plat. Consideration
of approving the Frenchman's Reserve PCD -Plat One Plat.
1. Resolution 142, 2001 — Agreement for Creation of Schematic Proposal.
Consideration of executing agreements for the creation of schematic proposals with two
artists selected by the Municipal Complex Art Task Force.
M. Property and Casualty Insurance Program. Consideration of extending the City's
property and casualty program with the Florida League of Cities through the fiscal year
ending September 30, 2001.
ITEMS PULLED FROM CONSENT AGENDA:
Resolution 127, 2001 — Horseshoe Acres Unmanned Entry Gates. Consideration of
approving construction of an unmanned entry gate system located on Kelso Drive,
approximately 187 feet south of Northlake Boulevard, providing for conditions of
approval. Growth Management Director Charles Wu presented the project. Max Day,
President of the Horseshoe Acres Homeowners Association, indicated 58% of the
homeowners had voted in favor of the gates. James R. Gallaher, 8599 Damascus Drive,
spoke against the gates. Mr. Day indicated there would be 50' for vehicles to turn
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/13/01 6
around and that school busses currently did not enter. Councilmember Clark moved
approval of Resolution 127, 2001. Councilmember Furtado ' seconded the motion.
During discussion of the motion, Mayor Russo stated he was voting for this only because
of the majority vote of the homeowners and requested staff verify with the School Board
that busses could turn around outside the gates, and if not, that he would vote to
reconsider this at the next meeting. Motion carried by unanimous '.4 -0 vote.
i. Resolution 140, 2001 — Portofino at Mirasol Plat. Consideration of approving the
Portofino at Mirasol Plat. Growth Management Director Charles Wu proposed an
additional condition of approval, a new Section 2, stating "This approval is expressly
conditioned upon the applicant providing recording information for all easements
depicted on the plat within two weeks of the effective date of this resolution."
Councilmember Clark moved approval of Resolution 140, 2001 with the addition of
Section 2 as added by staff. Councilmember Sabatello seconded the motion.
Councilmember Sabatello stated he was a homebuilder at Mirasol and had no interest in
this property or any interest in anything that was on the consent agenda. The motion
Parried by unanimous 4 -0 vote.
k. Group Health Benefits. Consideration of extending the health contract with Blue
Cross/Blue Shield, and switching dental insurance and group life contracts to Jefferson
Pilot for the fiscal year ending September 30, 2002. Staff indicated this would save
$57,000 with better coverage. Councilmember Clark moved: approval of the staff
recommendation. Councilmember Sabatello seconded the motion that carried 3 -1 with
Councilmember Furtado opposed.
PUBLIC HEARING:
Ordinance 36, 2001 — Mayor Russo declared the public hearing open, held on the intent
of 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, for consideration of second reading.
Growth Management Director Charles Wu indicated there was no new information to be
presented. Hearing no comments from the public, Mayor Russo declared the public
hearing closed. Councilmember Clark moved Ordinance 36, 2001 be placed on second
reading by title only and approved. Councilmember Sabatello seconded the motion,
which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 36, 2001 by title
only on second reading.
RESOLUTIONS:
Resolution 143, 2001 — Reappointing two regular members and appointing one alternate
member to the Parks and Recreation Advisory Board. Councilmember Clark moved
Resolution 143, 2001 with the names Jim Mayner and Charles Tory inserted in the blanks
in section one, and the name Wendy Walker in the second blank. Councilmember
Furtado seconded the motion, which carried by unanimous 4 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/13/01 7
ORDINANCES:
Ordinance 35, 2001 — An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, rezoning 932 acres of land on the north side of PGA Boulevard,
immediately east of the C -18 Canal, as described herein; amending the City of Palm
Beach Gardens Official Zoning Map; approving a Master Plan for the FPL Ryder
Substation; providing for conditions of approval; providing for 'waivers; providing for
conflicts; providing for severability; and providing for an effective date, for consideration
of first reading. Growth Management Director Charles Wu presented the project. Henry
Skokowski, agent, spoke on behalf of the applicant. Councilmember Sabatello requested
the Police Department determine whether lighting was needed. A question had been
raised as to health hazards of high voltage lines. Councilmember Clark reported this
question had been extensively studied and no health hazards had been found. Ray Royce,
attorney for the applicant, indicated that electrical substations in Florida were regulated
by the Department of Environmental Protection pursuant to Florida Statutes that set
standards, rules, and regulations. Mayor Russo indicated the President of the POA at
PGA National had no issues with this. Councilmember Clark moved Ordinance 35, 2001
be placed on first reading by title only. Councilmember Furtado seconded the motion,
which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 35, 2001 on first
reading by title only.
Ordinance 37, 2001 — An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, amending Section 3 -53 of the City Code of Ordinances to provide
increased personal leave accruals for the full -time employees assigned a 48 hour work
week; providing for codification; providing for severability; and providing for an
effective date. Henry DuFour, Human Resources Director, presented the staff report.
Councilmember Clark moved Ordinance 37, 2001 be placed on first reading by title only.
Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote.
The City Clerk read Ordinance 37, 2001 on first reading by title only.
ADDITIONAL COMMENTS:
The City Engineer reported 10 additional inches of rain were expected that evening since
the hurricane had turned, which could result in problems. The City Manager explained
that funding ideas for drainage improvements were under consideration. The City
Manager explained that even a one word change in personnel policies required
advertising and first and second reading of an ordinance, and proposed that this item be
addressed when Charter revisions were considered
CITY ATTORNEY REPORT:
Sign Code Revisions - The City Attorney reported the billboard industry was
aggressively pursuing sites, challenging each city's sign code. In Boynton Beach, their
entire sign code was considered unconstitutional, effectively giving the billboard industry
carte blanche to put up billboards at any location they could secure. Councilmember
Furtado made a motion to authorize the City Attorney to review the City's sign code to
make sure it was constitutional. Councilmember Clark seconded. the motion. The City
Attorney explained that with this motion any petition would, be a zoning -in- progress
issue. Motion carried by unanimous 4 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/13/01 8
ADJOURNMENT: There being no further business to discuss, upon motion by
Councilmember Sabatello, seconded by Councilmember Clark, carried 4 -0, the meeting
was adjourned at 10:50 p.m.
APPROVAL:
VICE MA*IP Ef& JA AIAN /
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST -':
CAROL GOL
' '.CITY'_�CLERKp