HomeMy WebLinkAboutMinutes Council 080703CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
August 7, 2003
The August 7, 2003 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, and
Councilmember Delgado. Councilmember Russo was absent from the meeting.
ADDITIONS, DELETIONS, AND MODIFICATIONS:
Councilmember Clark made a motion to approve postponement of Resolution 130, 2003 —
Downtown at the Gardens Quit Claim Deed - -to the next regular City Council meeting, as
requested by the applicant. Councilmember Delgado seconded the motion, which carried by
unanimous 3 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
B & E Brochure and Catalina Lakes Beautification Award - City Forester Mark Hendrickson
recognized members of the Beautification & Environmental Committee who were present,
reported the committee's reasons for developing a brochure, and presented a final draft of the
first city map and guide to the city's natural resources and guide to greenways, entitled Palm
Beach Gardens Wild Lands. Comments from the City Council were very favorable.
Presentation of the Catalina Lakes Beautification award was delayed until after the City
Manager's report, when the Catalina Lakes representative arrived. The City Forester
described the project and the beautification of the open space, road shoulder, and median on
Alternate A 1 A. The Catalina Lakes Homeowners Association was recognized with an award
for their maintenance of the landscaping by Councilmember Clark, B & E Committee
Liaison.
Recreation Brochure and Customer Service Survey - Staff described the public works
survey, recreation customer survey, and the new format of the CityLine Newsletter brochure.
In addition to the award received for the brochure, it was reported that an award had been
received by the City for Art in Public Places, specifically for the banners at the municipal
complex, in cooperation with the School District, which would go on to a national
competition..
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported she and Mayor Jablin had attended a national emergency
response and rescue, training institute, expressed concern that a regional hospital was needed
for the northern area of Palm Beach County, and indicated she would pursue this project.
CITY MANAGER REPORT:
Tornado Damage — Staff reported no known serious injuries from that day's tornado but
reported flooding, roads closed, trees down, and traffic lights not working. Most of the
damage had occurred at Riviera Beach, with the most damage at A Garden Walk trailer park.
Fire Chief Bergel reported that the Burns Road Community Center auditorium would be
utilized by the Red Cross as a shelter for people who could not stay in their homes.
CIP Completed Projects - Staff presented an overview of the Capital Improvements
Committee's accomplishments for the past year, including projects in progress and ten
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03
completed projects. Projects Manager Angela Wong was recognized for her excellent work
COMMENTS FROM THE PUBLIC:
Alan Doherty, 828 Terrace, PGA National, expressed concern regarding comments at the
last meeting regarding informing the residents how the forbearance agreement had come
about, which was to be in the newsletter, and reported he had just received the newsletter and
there had been no information regarding this subject. The City Manager reported an article
was now in draft stage and would be included with the budget mailout within the next 7 -10
days. Mr. Dougherty expressed his opinion that taxpayer money should not be spent on
mailing out this information, but if it was to be included with an already scheduled mailout,
that was okay.
Vito de Francisco, 1049 Shady Lakes, and other residents present requested exploration of
making Shady Lakes Drive a private road. The City Attorney reported a title search had been
requested and when received staff would provide an update to the residents, probably within
the next couple of weeks. Vice Mayor Sabatello disclosed he lived in Shady Lakes and
owned property there and was 1/97 th of an owner of the road right -of -way. The City Attorney
noted adding or removing roads from the thoroughfare plan would require a comprehensive
plan amendment. Mr. de Francisco asked, if that land could be used by a developer in
density calculations. The City Attorney noted developers were allowed to use roadways in
PUD density calculations.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the consent agenda as submitted.
Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 Vote.
a. Consideration of approving Minutes from the July 3, 2003 regular City Council
Meeting.
b. Consideration of approving Minutes from the July 17, 2003 regular City Council
Meeting.
C. Resolution 115, 2003 — Appointing one regular member and clarifies terms of a
previous appointment to the Fire Fighters' Pension Fund. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida appointing a member to the
Board of Trustees of the City of Palm Beach Gardens Fire Fighters' pension plan;
clarifying the terms of a previous appointment to the board; and providing an
effective date.
d. Resolution 128, 2003 — Mobil Data Terminal Communications. A Resolution Of The
City Council Of The City Of Palm Beach Gardens, Florida Awarding a contract to
Bellsouth Telecommunications, Inc. to upgrade communications transmissions for
mobile data terminals (MDTs); and providing an effective date.
e. Resolution 131, 2003 — Award of Bond Counsel contract to Adorno and Yoss. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
an agreement with Adorno & Yoss, P.A. to provide Bond and Disclosure Counsel
Services; and providing an effective date.
f. Resolution 132, 2003 — Award of Financial Advisor contract to Spectrum Municipal
Services. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an agreement with Spectrum Municipal Services, inc. to provide
Financial Advisory Services; and providing an effective date.
g. Resolution 133, 2003 — Consideration of approval of an agreement for the installation
of Traffic Signal Mast Arms located on the Northwest and Southwest corners of the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03
intersection of Military Trail and Burns Road between the City of Palm Beach
Gardens and Vision 1 Homeowners Association, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an agreement for the
installation and maintenance of the Mast Arm Traffic Signals between the City of
Palm Beach Gardens and Vision 1 Homeowner's Association, Inc. and providing an
effective date.
PUBLIC HEARINGS:
PART I — QUASI- JUDICIAL: None
PART II — NON QUASI- JUDICIAL:
Ordinance 20, 2003 - Architectural Design Guidelines LDR Change. An Ordinance of the
City Council of the City Of Palm Beach Gardens, Florida relating to Architectural Design
Guidelines for non - residential development; creating a new section 78 -192, Code Of
Ordinances to be entitled "Architectural Design Guidelines for Non - Residential
Development "; providing for codification; and providing an effective date — for consideration
of second reading. The City Clerk read Ordinance 20, 2003 by title. Growth Management
Administrator Charles Wu described the guidelines, which were to be used for reference, and
would not be used as a basis for denial. Mayor Jablin declared the public hearing open, held
on the intent of Ordinance 20, 2003. Hearing no comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Clark moved approval of Ordinance 20,
2003 upon second reading. Councilmember Delgado seconded the motion, which carried by
unanimous 4 -0 Vote.
RESOLUTIONS:
Resolution 134, 2003 — Dialogic Communication Community Notification System (reverse
911 system). A Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding a piggyback contract for the purchase and installation of a Community Notification
System to Dialogic Communications Corporation; and providing an effective date. The
Police Chief explained the Windows -based computer system, which would be used to notify
emergency personnel, citizen groups, businesses, and the media of emergencies. It was
reported that approximately 20 hazardous material suits had been received for the Police
Department. The Police Chief reported the city was prepared to move forward with the
macom system if other agencies participated, or if not, preliminary discussions had been held
with the county to join their system. Councilmember Clark moved approval of Resolution
134, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0
Vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Councilmember Delgado reported that the Palm Beach County Fire Rescue Ad Hoc
Committee, formed to transfer fire rescue from the cities to the county, had been having
difficulty in that there was resistance from the cities, and several had established a fund to
legally carry this further. The City Manager explained that centralized dispatch would be
phase one, phase two would be establishing a County -wide standard for fire rescue services,
and these could be very controversial issues. Fire Chief Bergel reported the County Fire
Chiefs Association had not yet taken a position and indicated he was among those pushing
for taking a position because of the current lack of direction, but it could mean double
taxation and several small cities in the south part of the county had now indicated they would
like contractural services from the county, which may have been the original purpose. The
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03 4
Mayor and City Manager provided background on this matter. Councilmember Delgado was
requested to keep the City Council informed on the progress of this issue. Councilmember
Delgado requested the position of alternate to the MPO, for which Councilmember Clark was
the representative, which was agreed to by the City Council. Councilmember Delgado
reported Northlake Boulevard Task Force had two representatives and three alternates from
the City and requested there be one Council liaison and one staff liaison and two alternates.
Discussion ensued. It was explained there were two regular members — Councilmember
Delgado, whose alternate was Mr. Ferris, and Mr. Wu, whose alternate was Mr. Benothman,
to assure that there was at least one representative present. Councilmember Delgado
expressed concern that the three - minute rule was not always observed for speakers and
requested the digital clock, be set on the computer by the City Clerk for each speaker.
Discussion ensued. Consensus was that former Council members and elected officials should
be allowed more time, and that the computer clock would be utilized. Pat Hughey, Reed
Drive, requested clarification as to whether a resident would be allowed to give their time to
another resident, and was told yes, that would be allowed. Vice Mayor Sabatello reported a
memo had been received from former City Attorney Rubin, which was read aloud by the City
Attorney. The memo clarified his comments to the Palm Beach Post reporter and his advice
to Vice Mayor Sabatello regarding whether he should vote on issues regarding Mirasol. It
was requested that Attorney Rubin's memo be forwarded to the Palm Beach Post.
City Manager Performance Review – Mayor Jablin indicated he had experienced a good
working relationship with the City Manager over the past year and had found him to be
extremely competent in each discipline, and wanted to give him a "5" on each one.
Councilmember Delgado agreed. Vice Mayor Sabatello expressed his opinion that the City
Manager had done an excellent job and picked excellent people, and indicated he would like
to give him "5's" across the board. Councilmember Clark agreed and congratulated Mr.
Ferris on his performance. It was explained that a perfect score was a "6 ", not a "5 ". All of
the Council members agreed the score should be "6" across the board. Mayor Jablin thanked
Mr. Ferris for his performance. Mayor Jablin commented the City Council had been working
ten years without an increase in pay, and he would like to see a study done with comparable
cities in Florida and to tie increases in so that in the future the City Council would not have
to raise their own salaries. Councilmember Clark agreed with going forward with a study but
to delay implementation of a salary increase until after the next election. Vice Mayor
Sabatello noted having a study would not mean this would be implemented. Councilmember
Delgado indicated she was not opposed but would like a full Council present when anything
like this was to be implemented. Mayor Jablin indicated this would be an internal survey.
Consensus was to proceed with the study.
CITY ATTORNEY REPORT:
The City Attorney reported the settlement agreement and license agreement with the FEC
had been finalized and they had agreed to defer the licensing payment. A motion would be
filed to dissolve the lawsuit filed by the Gardens Woods residents. Vice Mayor Sabatello
suggested that accomplishments such as this be explained to the residents. The City Attorney
was congratulated on her work on this matter.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03
ADJOURNMENT:
There being no further
APPROVAL:
VICE D4AYOR SABATELLO
COUNCILMEMBER CLARK
we-mI-IT61
r-
CO'UNCILMEMBER
ATTEST: '
PATRICLA- Siv IP ER
CITY CLERK-
RUSSO
3 P.M.
5