HomeMy WebLinkAboutMinutes Council 090700CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 7, 2000
The September 7, 2000, 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 David Clark,
Councilmember Lauren Furtado, and Councilmember Carl Sabatello.
CITY MANAGER REPORT:
Public Information Report - Public Information Officer Beth Ingold Love highlighted items
presented in her written report and noted dates of events to be upcoming in September.
Construction Update - Building Official Jack Hanson reported many of the construction items had
been completed within the prior two -week period and highlighted remaining items that were in
various stages of completion. Mr. Hanson was requested to research possible modification to the
audio system to provide devices to assist those who were hard of hearing, and to coordinate with the
Finance Director to obtain a financial update on the new building.
Growth Management Report - Growth Management Director Roxanne Manning announced that a
new employee, Kelvin Wise, had joined the Growth Management Department, and described some
of the projects for which he would be responsible.
Transportation Issues - City Engineer Dan Clark reported on Unit 19 Drainage Study and Burns
Road Widening. Councilman Sabatello requested sidewalks be placed as far from the curbs as
possible. Councilman Clark expressed concern regarding the visibility of the Fire Department exit
and entrance to City Hall for cars to stop for emergency vehicles coming through. Mayor Russo
stressed the importance of obtaining a 2015 transportation model.
COMMENTS FROM THE PUBLIC:
Sam Carsillo - Mr. Carsillo discussed differences in numbers reported in different traffic reports;
recommended that funds from traffic tickets be placed in a trust fund to provide bonuses for patrol
personnel; Mr. Carsillo noted that he would provide a list to staff of the many hazard conditions
throughout the City.
Judy Amsler - Ms. Amsler expressed support for the Citizens Police Academy.
Jackie O'Neill - Ms. O'Neill also expressed support for the Citizens Police Academy.
Linda Hughey - Ms. Hughey expressed accolades to the Police in handling a recent incident at Palm
Beach Gardens High School rapidly and efficiently.
CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda minus (f)
Resolution 78, 2000, which Mayor Russo had requested be pulled from the Consent Agenda. Vice
Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following items were
approved on the Consent Agenda:
1. Consideration of approving Minutes from the August 3, 2000 Regular City Council
Meeting.
2. Consideration of awarding bid for City auction.
3. Resolution 74, 2000 - Consideration of supporting Underground Installation of
Electric Transmission and Distribution Lines.
4. Resolution 75, 2000 - Consideration of approving the Lone Pine Plat.
5. Resolution 77, 2000 - Consideration of approving contract for Tennis Pro.
7. Proclamation - Ruth Mead, Centenarian
Councilwoman Furtado called attention to the 100th birthday of Ms. Mead, and Mayor
Russo reported he had attended her birthday party that evening and had presented her
with the proclamation. PUBLIC HEARINGS:
Ordinance 25, 2000 - Fire Inspection Fee Ordinance - Mayor Russo declared the public hearing open,
held on the intent of Ordinance 25, 2000 - An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida, amending Chapter 38, "Fire Prevention and Protection," "Article III,
"Standards," Section 34 -94, "Fire Code Inspection and Special Details Fee Schedule," and Section
38 -95, "Approval Required for Construction Plans, Fire Suppression and Detection Systems, and
Alterations," of the City Code of Ordinances to provide for fire inspections of commercial premises
on at least an annual basis and authorize the collection of a fee at the time of Occupational License
renewal; providing for severability; providing for codification; providing for conflicts; and providing
for an effective date - for consideration on second and final reading. There were no comments from
the public. Councilman Clark made a motion to approve Ordinance 25, 2000 on second reading by
title only. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 25, 2000 by title only.
Ordinance 26, 2000 - Fiscal Year 2000 -2001 Annual Budget - Mayor Russo declared the public
hearing open, held on the intent of Ordinance 26, 2000 - 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, 2000; 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,
2000 and ending on September 30, 2001, 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. Staff reviewed the proposed
budget and recommended adoption of the tentative millage rate, tentative budget, and approval of
Ordinance 26, 2000 on first reading. Sidney Forman noted concerns regarding the percentage of
increase for police, fire, and education. Joan Elias urged the City Council to find more budget cuts,
stating the proposed figures were not acceptable. Robert Mandeville requested further budget cuts,
stating his tax increase would be 33 %, to which the response was that the new budget figures would
reduce that increase by 10 %. Lee Lev commented on the excellent courses provided by the police
department and stated that although he did not want taxes increased he felt it better to be safe than
sorry. Kevin Van Dyke opposed the proposed 19% tax rate increase and stated he would favor a
moderate increase. John Zearley commented he was seeing figures for the first time, and Mayor
Russo indicated that he would be happy to meet with residents during the next two weeks to go over
the figures with the public. Tory Buckley expressed appreciation for the new budget process,
pointed out there had been no tax increases for five years, and commented the City Council was
doing a great job. Sam Testa expressed his opinion that City Manager Martinez had been a welcome
addition and thanked him for the time he had spent helping the kids, and indicated he thought the
City Council was going a great job and that taxes to provide needed services should be approved.
CITY COUNCIL REGULAR MEETING, 9/7/2000
Joel Brier, International Association of Firefighters, stated he was speaking on behalf of the
firefighters, described hazards handled by the firefighters, and explained there were not currently
enough funds in the firefighters reserve budget to provide sufficient decontamination equipment for
the firefighters. Mr. Brier spoke in favor of funding for a wellness program to reduce workers
compensation claims. Bob Kaplin requested additional information for comparison to indicate
whether the proposed increases were reasonable. Mayor Russo commented he could be available
the next Thursday for an informal meeting with residents, and requested hard copies of information
to be available on Monday before the meeting. Cecil Wagner complimented City Manager. Martinez
on his professionalism, thanked him for appointing a budget committee which considered the needs
of all employees rather than only senior staff, requested that the 29% budget increase be adopted in
order to provide proper safety gear for the firefighters and to make up for no tax increases in the past
by now bringing services current with the City's growth. David Smith commented the tax increases
calculations provided by the City and the property appraiser did not match which the Finance
Director explained. Police Chief FitzGerald commented the four officers which were requested were
only to meet current needs and really more were needed, and more would be needed in coming years.
A resident expressed concern regarding the amount being spent to correct construction mistakes and
not having proper safety gear for firefighters, to which Mayor Russo responded that the safety gear
issue would be worked out and that the City Attorney was working on getting money back from the
parties who made construction mistakes. The resident requested that in the future parties be held
responsible for their actions from day one rather than at the end of their contracts. Hearing no further
comments from the public, Mayor Russo declared the public hearing closed. Councilmen Clark
favored removing the street sweeper as well as other items. Councilmember Sabatello favored
continuing to tighten the budget but not at the expense of losing items for which residents would feel
a loss. Councilwoman Furtado agreed; reported that the first Monday of street cleanup had resulted
in 1,100 bags of trash, and now there were only 3 0-3 5 bags each Monday; that a standard was being
set and a great deal had been accomplished in the past few years over and above just running the
City; and favored continuing to look for budget cuts but not to cut any safety items or items that
would affect the quality of life in the City. A staff member spoke regarding the need for a street
sweeper. Councilman Clark indicated he was thinking of deferring such items until possibly next
year when there would not be so many other necessary items. The City Manager reported developer
contributions to Growth Management budget were being finalized and would be presented at the
next meeting. Mayor Russo noted more people had spoken against the increase than for it. The City
Manager suggested that he could reduce the budget in departments except Police and Fire and Public
Works. Mayor Russo recommended City Council members meet with the City Manager to discuss
proposed changes, and Councilman Clark expressed his opinion that no departments should be
excepted from the process but that items in any department which could be phased in the following
year should be cut from this year's budget. Councilman Clark made a motion to adopt a tentative
millage rate of 4.7736 mills, an increase of 23.72% over the rolled back rate. Vice Chair Jablin
seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to
adopt the tentative Fiscal Year 2000 -2001 budget in the amount of $41,442,813.00. Vice Chair
Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a
motion to place Ordinance 26, 2000 on First Reading by title only. Vice Chair Jablin seconded the
motion, which carved by unanimous 5 -0 vote. The City Clerk read Ordinance 26, 2000 by title only
CITY COUNCIL REGULAR MEETING, 9/7/2000
on First Reading.
RESOLUTIONS:
Resolution 54, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
authorizing the Mayor and City Clerk to execute a Right -of -Way Use Agreement with Metricom,
Inc. and providing for an effective date, for the installation of radios to facilitate a wireless Internet
network. Councilman Clark made a motion to approve Resolution 54, 2000. Councilwoman
Furtado seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 57, 2000 - BallenIsles Parcel 23 - A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, providing for approval of a site plan for the construction of 112 multi - family
units on the 22.84 acres on Parcel 23 in the BallenIsles within a Planned Community District'
providing for a condition of approval and waivers; and providing for an effective date. Principal
Planner Jim Norquest and agent for the petitioner Ann Booth, Urban Design Studio, each provided
an update on changes since the last meeting. Councilman Clark made a motion to approve
Resolution 57, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 70, 2000 - Application Fee Schedule Update. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, repealing Resolution 132, 1999, providing for the
establishment of an updated fee schedule for the review of development applications and for the
administration of certain Land Development Regulations, and providing an effective date.
Councilman Clark made a motion to approve Resolution 70, 2000. Councilwoman Furtado
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 71, 2000 - Golf Digest (Mirasol) Planned Community Development Parcels 1 -5. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval
of a site plan of development for Parcels 1 through 5, with a total of 114 zero lot line single - family
home lots and 85 single - family custom home lots within the Golf Digest (Mirasol) PCD, located
along PGA Boulevard and as more particularly described herein; providing for five waivers to allow
for reductions in the side interior setback, an increase in lot coverage, the placement of pools, screen
enclosures, and accessory structures within the side interior and rear setbacks, and a reduction in the
minimum lot width requirement; providing for conditions of approval; and providing for an effective
date. Principal Planner Jim Norquest presented the project. The City Council was assured by the
petitioner that an architectural committee with proper requirements had been established. Ann
Booth, Urban Design Studio, agent for the petitioner, described the project. Landscaping themes for
different parcels were described by the landscape architect. Councilman Clark made a motion to
approve Resolution 71, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous
5 -0 vote.
Resolution 72, 2000 - Golf Digest (Mirasol) Planned Community Development Parcels E, F, & G.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for
approval of a site plan of development for Parcels E, F, and G with 35, 39, and 67 zero lot line
single - family home lots within the Golf Digest (Mirasol) PCD, located along PGA Boulevard and
as more particularly described herein; providing for five waivers to allow for reductions in the side
interior setback, an increase in lot coverage, the placement of pools, screen enclosures, and accessory
structures within the side interior and rear setbacks, and a reduction in the minimum lot width
requirement; providing for conditions of approval; and providing for an effective date. Principal
Planner Jim Norquest presented the project. Ann Booth, Urban Design Studio, agent for the
CITY COUNCIL REGULAR MEETING, 9/7/2000
petitioner, described the project as consistent with Parcels 1 -5 previously described. Direction to
the petitioner was to bring this project back for further consideration since three members of the City
Council felt that there were too many homes in the space provided for Parcels E and G with
insufficient recreational open space.
Resolution 78, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
Providing for the approval and ratification of an agreement between the Service Employees
International Union and the City of Palm Beach Gardens for General Maintenance, Maintenance I,
Maintenance II, Maintenance III, Maintenance/Lead/Specialty, Light Equipment Operators, Heavy
Equipment Operators, Irrigation Technicians, Chemical Spray Technicians, Traffic Maintenance
Technicians and Air Conditioning Technicians employed by the City of Palm Beach Gardens Public
Works and Parks and Recreation Departments for the Fiscal Years 2000/2001, 2001/2002, and
2002/2003, authorizing and directing the Mayor and City Clerk to execute said agreement, and,
providing for an effective date. Staff explained that a study had been done and all positions had been
raised to minimum salary and to make the salaries of certain positions competitive. Some members
of the City Council expressed concern that the process had changed from first discussing union items
in executive session, and favored going back to that process in the future. Councilman Clark made
a motion to approve Resolution 78, 2000. Vice Mayor Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 27, 2000 - Capital Project Assessment. Consideration of an Ordinance of the City Council
of the City of Palm Beach Gardens, Florida, relating to capital improvements providing a special
benefit to local areas within the City; providing definitions and findings; providing for title and
citation; providing for the creation of assessment areas; authorizing the imposition and collection
of special assessments to fund the cost of capital improvements providing a special benefit to local
areas within the City; establishing procedures for notice and adoption of assessment rolls and for
correction of errors and omissions; providing that assessments constitute a lien on assessed property
upon adoption of the assessment rolls; establishing procedures and methods for collection of
assessments; authorizing the issuance of obligations secured by assessments; providing for various
rights and remedies of the holders of such obligations; providing that such obligations will not create
a general debt or obligation of the City; providing for codification; providing for severability;
providing for conflicts; and providing an effective date. Mayor Russo expressed concern that more
than 50% of the tax revenue from a project would be needed for the flyover assessment, which staff
advised could be changed later. Councilwoman Furtado indicated she would request impact fees to
help with flyover costs. Councilman Clark made a motion to approve Ordinance 27, 2000. Vice
Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 27, 2000 by title only on first reading.
ITEMS FOR COUNCIL ACTION:
Revisiting votes to deny proposals for Grant Writing Services - Councilwoman Furtado made a
motion to reconsider the ordinance to revisit the RFP for Grant Funds. Councilman Clark seconded
the motion, which carried by unanimous 5 -0 vote. Councilwoman Furtado made a motion to have
Mr. Dorita's company bring the RFP's to FAU for independent review. Councilman Clark
seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR DISCUSSION:
CITY COUNCIL REGULAR MEETING, 9/7/2000
Mayor Russo recommended a study to be handled by Attorney Watterson to resolve the issue of
employees leaving the City because of the new City Manager, as reported in recent newspaper
articles and anonymous letters. City Manager Martinez indicated he welcomed the study so long as
it was fair and equitable and pointed out accomplishments that had been made during his term of
office. Councilman Sabatello expressed his opinion that the City Council should stand behind the
City Manager; that the City Manager should be given at least a year before being critiqued; that a
study was a waste of time and would not resolve the issue; and that Mr. Martinez's performance to
date had proved he was a quality City Manager and should be supported by the City Council. Mayor
Russo expressed concern regarding legal aspects and whether the City would have any exposure if
they took no action following receipt of anonymous letters. City Attorney Rubin commented that
there were two separate issues, the City Manager's performance and the work environment, and
recommended a study of the work environment. Vice Mayor Jablin favored a study that would be
fair and would protect anyone coming forward with information. Councilwoman Furtado did not
support a study. City Attorney Rubin clarified that the proposed study would be done by an outside
source. Mayor Russo expressed his opinion that steps should be taken to unify the City Council.
Councilman Clark favored a study to put this matter to rest but expressed concern that
confidentiality could be assured. Vice Mayor Jablin and Councilman Clark expressed concern that
the accomplishments made under the present management were at the expense of the employees.
Councilman Sabatello expressed concern that the City Council was not consistent since they had
done nothing when employees had left under the previous management. Mayor Russo stated he was
requesting the study in order to provide an endorsement for the City Manager, and that the City
Manager had the support of the City Council at this point. City Manager Martinez commented that
according to the City's history, there had been a division in the City Council under the previous
management and that some of the better politicians in this organization were employees, who were
driving this process. Mayor Russo requested the City Attorney to come back with recommendation
of what should be done to protect the City and that he wanted the evaluation based on the services
to the residents. Councilmember Sabatello requested that parameters for the study be established.
Mayor Russo requested clarification before signing a letter to former employee Kim Glas Castro
prohibiting her from working in the City for twelve months. Growth Management Director Manning
explained that the ethics code of AICP did not allow working in a lobbying position for twelve
months.
Ann Booth requested that Golf Digest be placed on the next agenda.
CITY ATTORNEY REPORT:
City Attorney Rubin presented a proposed settlement agreement for former employees Vicki
Anthony and Dawn Simmons. Councilmember Clark made a motion to approve the settlement
agreement as proposed. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0
vote.
CITY COUNCIL REGULAR MEETING, 9/7/2000
ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark,
seconded by Vice Mayor Jablin, carried 5 -0, the n)eeting was adjourned at 11:30 p.m.
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