HomeMy WebLinkAboutMinutes Council 092100CITY COUNCIL REGULAR MEETING, 9/21/2000 1
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 21, 2000
The September 21, 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.
PRESENTATION: The Gardens of Woodberry was chosen by the Beautification and
Environmental Committee as recipient of the quarterly Beautification Award, which was presented
by Councilman David Clark. Committee members Joe Royals and Bette Marks were in attendance.
CITY MANAGER REPORT:
Public School Concurrency - Paul Tisher of Tisher Associates, consultant, summarized findings
regarding the concurrency issue, in which Palm Beach County pupil generation rates had been
reviewed and a projection had been made of the likely utilization of local schools due to growth in
order to reach conclusions. Mr. Tisher explained that assuming the budget adopted in 1999 was
followed, concurrency for schools within Jupiter and Palm Beach Gardens would be met. Mr. Tisher
recommended that after adopting concurrency, the City keep a handle on obtaining revenues and on
the status of elementary and middle school expansions. To address the concern that the report only
covered five years, Growth Management Director Manning explained that staff had projected the
City would be approximately 90% built out in residential units within 5 -6 years, but that the
projections could be extended out more years. Councilman Sabatello expressed concern that the
impact fees collected from developers were going to the School District without benefit to the City.
Overcapacity levels were discussed, which Councilwoman Furtado indicated was not acceptable.
Suggested options were to closely monitor the School Board expansion construction program, and
to approach the School Board with a list of school sites to request being placed on a priority list in
consideration of the amount of impact fees that would be received. Vice Mayor Jablin reported the
School Board plan was revised every year and the City could approach the School Board every year.
Mayor Russo indicated he would discuss a higher standard for Palm Beach Gardens at a meeting
with Dr. Marlin next week Mr. Tisher cautioned that the City would be affected by any delays in
construction. The status of the Jupiter schools and when they would be ready to accept students was
requested from staff. Councilmember Sabatello expressed his opinion that the Council should agree
on a standard before meeting with the School Board. The City Attorney was requested to research
whether it was legal to establish schools if Federal funds were not accepted. Consensus was that
a higher standard was needed. Staff indicated that by accepting concurrency the City would have
leverage. Staff was directed to research classroom size, when the schools would be built, when the
schools would be occupied, percentages across the County of over population in the different
schools, establishment of charter schools, and the possibility of establishing the City's own
CITY COUNCIL REGULAR MEETING, 9/21/2000
concurrency.
PGA Closing and Traffic Study Report - Engineer Dan Clark reported PGA Boulevard would be
closed at the railroad track October 7 through 11, which would affect traffic levels on RCA and
Burns Road. Discussion included additional police patrols, asking businesses and schools to change
their hours, asking parents to use different routes to the schools, asking that the work be done at
night, and closing the east -bound off -ramp to I -95. Mr. Clark reported work would soon be
completed on traffic study numbers for models 2007, 2010, and 2015. Councilwoman Furtado
expressed concern that the County was now pushing for mass transit and requested that standards
be made clear. A meeting with Commissioner Marcus and her staff, City Council and staff, and
members of the development community on this subject was announced.
Soccer Field CleanupUpdate - Mayor Russo reported the City was as proactive as they could be in
this contamination situation. City Engineer Dan Clark described construction work for the cleanup,
reported the area would be landscaped and permanently fenced, and introduced the team working
on the project. Banks Clark, an industrial hygienist, assured the City Council that the children were
safe because the potential exposure had been separated away from the play areas, contamination had
been capped, and the area would be fenced off and continue to be monitored on an aggressive
schedule. Mr. Clark assured the City Council that the engineering solution was state -of -the -art, and
it was noted that any contaminated soil would be removed from the site. Sam Carsillo asked the cost
of the cleanup, to which the response was $275,000 for construction plus $125,000 per year for
approximately five years. Mr. Carsillo expressed his opinion that more organization was needed at
meetings. Bob Brockman questioned the quantity of spill, which staff indicated was unknown.
Mayor Russo commented the City was examining their legal options to pursue the party responsible
for this spill.
COMMENTS FROM THE PUBLIC:
Richard Beladino - As President of Sienna Oaks Homeowners Association, Mr. Beladino expressed
concern regarding the Burns Road Widening project's ultimate design especially in regard to its
aesthetics and certain traffic impacts.
Bob Brockman - Mr. Brockman questioned the hiring of prison workers for ground maintenance, to
which Mayor Russo responded that item would be presented later in the meeting. Mr. Brockman
indicated he would wait to speak at that time.
Wayne St. Armand - Mr. St. Armand commented that he and other residents liked the direction the
City was going and expressed support for Mr. Martinez as City Manager.
Julia Byrd - Ms. Byrd questioned whether her comments on the budget should be delayed until that
item was presented and was advised that the budget hearing would be delayed to Monday night
because of a conflict with the County's budget hearing. Ms. Byrd expressed concern with personnel
problems indicated by recent newspaper articles, and because of her past experience of working for
the City suggested that the comments of unsigned letters be researched as carefully as those that
were signed. Ms. Byrd questioned reappointment of the City Attorney's firm without other bids, to
which Mayor Russo responded that this was not an item for which bids could be accepted.
Sam Testa - Mr. Testa spoke in favor of the City Manager, stating that he had listened and followed
up on what he said he would do when asked to help with facilities for the children.
Dee Schneider - Dee Schneider explained she was a former employee who had transferred to another
department when the work environment became hostile, and that she did not resign because of City
Manager Martinez but felt he had done an excellent job.
CITY COUNCIL REGULAR MEETING, 9/21/2000
3
CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda minus (b)
Consideration of awarding contract for Design/Build of Park Storage Facility, which Councilmember
Sabatello 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 of the August 17, 2000 Regular City Council Meeting.
3. Consideration of awarding bids for EDA Projects:
(1) Lighthouse Drive Pipe Replacement
(2) Burns Road Canal Erosion Control
(3) Holly Drive Canal Closure and Pipe Replacement
4. Crime Analysis Software Package. Consideration of purchasing the Omega Group Software
Crime Analysis Package.
5. Life Insurance Contract. Consideration of extending the Group Life Insurance Contract with
Sun Life through September 30, 2002.
6. Resolution 68, 2000 - Subordination of Utility Interests. Consideration of approving a
subordination agreement with Seacoast Utility Authority.
7. Resolution 81, 2000 - Disposal of Fixed Assets. Consideration of approving a Declaration
of Surplus Assets.
8. Resolution 82, 2000 - Agreement for Legal Services. Consideration of authorizing an
agreement for the reappointment of the Law Firm of Watterson, Hyland & Klett, P.A. to
serve as City Attorney.
9. Resolution 83, 2000. Consideration of authorizing a first amendment to the Interlocal
Agreement for Dispatch Services with Palm Beach County.
10. Proclamation - Constitution Week.
Councilmember Sabatello questioned regarding item (b) Consideration of awarding contract for
Design/Build of Park Storage Facility as to why that process had been chosen. Staff responded the
design/build process had been chosen because it had been used for the tennis facility and they
believed this process would be more expedient and less costly. Councilman Sabatello expressed his
opinion that the tennis facility had not been built properly, that the design/build process worked
when it could be properly monitored, and recommended going out to bid for this project. Problems
with the tennis facility were discussed. Mayor Russo expressed agreement with Councilman
Sabatello to go out for bids.
PUBLIC HEARINGS:
2000/2001 Fiscal Year Budget - Mayor Russo declared the public hearing open. Councilman Clark
made a motion to continue the public hearing to Monday, September 25, 2000, at 7 p.m. in the City
Council Chambers. Vice Mayor Jablin seconded the motion. Councilman Sabatello announced he
would not be able to attend but would provide his concerns in writing. Motion carried by unanimous
5 -0 vote.
Resolution 47, 2000 - Staff reviewed Resolution 47, 2000, 2700 PGA Boulevard Sign Variance,
continued from the August 17, 2000 City Council Meeting, for consideration of granting two
variances to the 15 -foot setback and 300 -foot frontage requirements of Section 110 -36, entitled
"Ground Signs," of the City Code for an existing ground sign located at 2700 PGA Boulevard.
Councilman Clark made a motion to approve Resolution 47, 2000. Vice Mayor Jablin seconded the
motion. Councilman Sabatello stated he would vote against the motion because he did not believe
the signage met the standards for signage on PGA Boulevard. Mayor Russo agreed. The vote on
CITY COUNCIL REGULAR MEETING, 9/21/2000 4
the motion was 2 -3, with Mayor Russo, Councilman Sabatello, and Councilwoman Furtado voting
against the motion, resulting of failure of the motion. Councilman Sabatello made a motion to
reconsider the motion on Resolution 47, 2000. Councilwoman Furtado seconded the motion. Mayor
Russo declared the public hearing open, held on the intent of Resolution 47, 2000. Councilman
Sabatello suggested the petitioner look at signs along PGA Boulevard to get a better idea of what
was expected. Councilman Clark commented he would be comfortable with brass numbers such
as at City Centre. Councilman Sabatello commented the signage did not relate to the building, that
he did not understand the color, and there was no landscaping plan. Principal Planner Cramer
presented another sign plan, which the City Council agreed was acceptable if the lettering all
matched. Hearing no comments from the public, Vice Chair Jablin made a motion to continue the
public hearing to October 19, 2000. Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 21, 2000 - Hibiscus Restaurant Outdoor Seating. Mayor Russo declared the public
hearing open, continued from the meeting of August 17, 2000. Councilman Clark made a motion
to continue the public hearing to October 5, 2000. Vice Chair Jablin seconded the motion, which
carried by unanimous 4 -0 vote.
RESOLUTIONS:
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
petitioner, described recreational open space proposed by the petitioner. Petitioner was requested
to include in the design a tot lot, pool, two tennis courts and a building, for which staff was directed
to draft language for a condition of approval. The language was read into the record during
consideration of Resolution 73, 2000: The recreation center south of parcel F shall include a
swimming pool, two tennis courts, a tot lot, and a recreation building unless different amenities are
approved by City Council at site plan review. Councilman Clark made a motion to approve
Resolution 72, 2000 with the additional condition as read into the record by petitioner. Vice Mayor
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 73, 2000 - Golf Digest (Mirasol) Planned Community Development Parcels H & I. 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 H and I with 56 single - family custom home lots and 79 zero
lot line single - family custom home lots within the Golf Digest (Mirasol) PCD, located along PGA
Boulevard and as more particularly described herein; providing for waivers and conditions. Principal
Planner Jim Norquest presented the project. Ann Booth, Urban Design Studio, agent for the
petitioner, described the proposed homes and landscaping. Petitioner agreed to provide a gazebo
or tot lot on Parcel H, and to allow continued access to the open space at the entrances by residents
on both sides of the road. Petitioner and staff agreed to the following condition of approval, which
was read into the record by the petitioner: The recreation center south of parcel F shall include a
CITY COUNCIL REGULAR MEETING, 9/21/2000 5
swimming pool, two tennis courts, a tot lot, and a recreation building unless different amenities are
approved by City Council at site plan review. Councilman Clark made a motion to approve
Resolution 73, 2000 with the additional condition as read into the record by petitioner and with the
understanding placed on the record by the petitioner regarding the open space at the entrances to
parcels H and I. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 80, 2000 - Fire Inspection Fees. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, amending Resolution 169, 1995, the fee schedule for Fire Code Inspections
and Special Details, and providing for an effective date. Councilman Clark made a motion to
approve Resolution 80, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous
4 -0 vote.
ITEMS FOR COUNCIL ACTION:
City Attorney_ 's Response to City Council Regarding City Manager's Evaluation - Vice Mayor Jablin
requested to speak before the attorney's presentation. Vice Mayor Jablin read excerpts from copies
of letters signed by employees that he had received , which alleged a hostile work environment
created by management. One letter was to the City Manager from the Parks and Recreation Director
which recounted a series of threats made to the Parks and Recreation Director by the Assistant Police
Chief /Interim Human Resource Director. A memo to the City Manager from the Assistant to the
City Manager containing details of meetings between the two in which the Assistant to the City
Manager stated she had been verbally berated, called names, and accused of disloyalty. A
resignation letter from Principal Planner Jim Norquest was quoted which cited his reason for
resigning- -that the current management of his department and the City had created a work
environment in which he could not effectively carry out his responsibilities. The Vice Mayor
indicated that based on those letters and on numerous complaints he had personally received from
City employees corroborating the allegations made in the anonymous letter, he believed that a work
environment filled with intimidation and fear existed and had been created, encouraged, and
tolerated by the City Manager. Vice Mayor Jablin made a motion to terminate the employment of
the City Manager, Nabar Martinez, and hereby exercise the termination clause in his contract along
with all of its provisions. Councilman Clark requested clarification as to whether the motion was
to terminate for cause or for convenience, to which the Vice Mayor responded he believed cause did
exist but he did not want to go into that right now. Councilman Clark commented he had lost faith
in the City Manager's ability to effectively administer the City and expressed concern that services
to the residents would be impacted if the current situation continued. Councilman Clark indicated
that he was prepared to second the motion but requested that the motion be revisited after hearing
from the City Attorney. Councilwoman Furtado commented she had heard from other City
employees who appreciated the level of professionalism and the chance to do their jobs to the best
of their abilities, and she would be happy to speak with the City Attorney regarding the rest of the
story. Councilman Sabatello expressed his opinion that the City should be run like a business and
those who did not like the management style could leave or adjust, and that it was the job of the City
Council to direct the City so that the best levels of service could be delivered at the lowest cost to
the residents. Mayor Russo expressed concern with how the City could now move ahead, and that
the City could not afford to be in this position, and urged the City Council to work together. Mayor
Russo explained that he did not want to add to the emotions tonight but would explain his reasons
later. Mayor Russo requested that the Vice Mayor change his motion to request the Mayor to instruct
the Attorney to negotiate a termination provision. City Attorney Terry Watterson responded that
CITY COUNCIL REGULAR MEETING, 9/21/2000
n
negotiations could take place with an agreement to be presented to the City Council at their Monday
night meeting if Mr. Martinez desired to negotiate. City Manager Martinez stated he appreciated
the opportunity provided to him by the City and residents. The City Manager commented this was
a high -tech lynching since no one had bothered to talk to him about this issue, or to an attorney who
could give a definition of a hostile work environment, or had followed up to verify that a hostile
work environment existed, or had followed up as to why everything was fine on June 29 and when
prior to that a statement was in the newspaper that someone would not be concerned unless ten
people left; or why a former employee was not allowed to speak who had been going to say she had
left because of the Assistant City Manager. City Manager Martinez stated he played by the rules and
if doing so played into the hands of the Council, so be it. Councilwoman Furtado expressed concern
that the people who wanted to speak had not been allowed to speak. Mayor Russo agreed, and called
on those who had signed up to speak. Tory Buckley commented the City Council was making a
decision without looking at the other side of the story and recommended having a managerial study
to find out who was correct. Mayor Russo indicated the situation that had escalated over the past
two weeks could not continue. Bette McCombs spoke on behalf of the City Manager and asked that
he be given a chance. Linda Kozier explained she had resigned her position as City Clerk in April
after 17 years of employment with the City not because of City Manager Martinez, but because of
the unprofessional behavior and attitude of her direct supervisor, Beth Ingold Love; and expressed
her opinion that the City Council had put the fate of now two City Managers into the hands of the
employees. Ms. Kozier urged the City Council to stand behind their decision and to give the City
Manager time to accomplish the goals set by the City Council. Lindie Wadlington expressed her
appreciation of the change since Mr. Martinez had become City Manager, asked whether the City
Council had been threatened by employees with replacement if they did not get rid of the City
Manager, and requested that Mr. Martinez be allowed to continue to mold the City into what the City
Council had requested. Councilman Sabatello called for clarification as to whether instead of voting
on an evaluation of the City Manager the Mayor was voting for termination. Mayor Russo
responded he was voting to negotiate an exit with the City Manager. Councilman Sabatello
recommended continuing the study to find out who was right or wrong and to investigate what had
caused this problem, in order to provide direction when a new City Manager was hired. Councilman
Sabatello commented the City Council was so out of control, how could the City Council expect the
staff to deliver quality to the City Council when the City Council could not deliver quality to the
residents. City Manager Martinez stated he had just consulted the attorney and wanted to place on
the record that the Mayor had presented allegations as truths and stated to the City Attorney that he
wanted to register for the future that these were allegations that had not been followed up by anyone
competent and that this was one - sided. Mayor Russo stated he had made no allegations on the record
and his concern was the City going forward. Councilwoman Furtado stated agreement with
Councilman Sabatello, and that the City Council did not have facts. Mayor Russo commented the
management consultant should come in and should also evaluate the City Council. Councilwoman
Furtado commented she wanted to see the whole picture and have the evaluation done before a step
was taken that the Council might regret. Mayor Russo commented that the seating of the City
Council must be changed. Councilman Sabatello commented that employees had moved out the City
Manager and what would be any different when Mr. Martinez was gone and a new City Manager
came in —if those employees did not like the new manager. Councilman Clark clarified he was
supportive of the proposal the Mayor was voting for because he was concerned about the City
CITY COUNCIL REGULAR MEETING, 9/21/2000
7
Manager's ability to continue governing the City and commented that the City Council did not have
to get to the questions and merits of the allegations in order to evaluate that issue. Councilman Clark
stated he believed it was important to investigate the allegations and also how the City Council
functioned with the City Manager. Councilman Clark expressed his opinion that the members of
the City Council did not differ on the goals, but that the difference was about the means and whether
the goals could be reached under the current administration, which he and the Mayor and Vice
Mayor felt was no, and Councilwoman Furtado and Councilman Sabatello felt was yes; and that a
decision must be made now. Councilman Clark made a motion to authorize the City Attorney to
negotiate with Mr. Martinez and outline the causes if he was to be terminated for cause. Vice Mayor
Jablin withdrew his motion in favor of Councilman Clark's motion and seconded Councilman
Clark's motion. Motion carried by 3 -2 vote, with Councilwoman Furtado and Councilman Sabatello
voting against the motion. Mayor Russo instructed staff to do an RFP for a consultant and
management audit of the City operations including the City Council. Councilman Sabatello
recommended the consultant work under the City Attorney and stated his belief that anything
incorporated in the study should be public. Mayor Russo also requested an RFP for a search firm
, who would provide their experiences. It was agreed to come up with a consensus of what the City
Council was trying to hire and a consensus of how the City Council wanted the City run, which the
Mayor stated needed to be run by an individual.
ITEMS FOR DISCUSSION:
Prisoner Clean-Up Crews for Canals and Roadways - Tom Dorita, Resource Group, reported the City
had requested investigation of the possibility if hiring prisoners and inmate crews for clean-up of the
City's canals and roadways. Mr. Dorita presented information that had been obtained, explained
that other cities had been consulted who had used such crews, and noted that crews of ten would be
supervised by two guards. Councilman Clark advised that former Mayor Martino had asked him to
relay to the City Council his objection to having prisoners or inmate crews work in the front yard
swales of residents. Bob Brockman objected to having prisoners or inmate crews working on canals
in neighborhoods, but stated he did not object to them working on main thoroughfares. Pat Igo
stated he did not want anyone who was in jail to be in his front yard or back yard to get an idea of
what his house and yard looked like or his family's hours, and would pay the extra taxes not to have
those people in his yard. Mr. Igo commented he had heard those crews would not be used in the
gated communities but only in the older sections, and hoped that was untrue. Mayor Russo
explained that some of the gated communities were under the authority of Northern Palm Beach
Improvement District so whomever they employed would be maintaining the canals there. Mayor
Russo stated he thought this was a bad idea and agreed money should be found not to do this. Pat
Igo commented he was a small business owner and he and his employees were being stopped at
Ryder Cup Boulevard, which he understood was a public road. Mr. Igo was told the road was public
and that the City had an agreement with PGA National of which he could find out the details.
ITEMS & REPORTS BY MAYOR AND COUNCIL - Consensus was to skip this item.
CITY ATTORNEY REPORT - The City Attorney had no report.
Councilman Sabatello stated he disagreed with other Council people on an issue and was angry on
that issue, but every issue was separate and his anger would not interfere with his ability to do the
very best he could and to finish his term as Council person at the highest levels he could.
Councilwoman Furtado stated agreement with Councilman Sabatello but questioned where it would
legally put the City Council if the study showed the current City Manager was doing the right thing
CITY COUNCIL REGULAR MEETING, 9/21/2000 8
and other people were not. Mayor Russo commented he did not want to make any comments on this
until negotiations with Mr. Martinez were finished. Councilman Sabatello thanked Mr. Martinez
for his professionalism and accomplishments during his term with the City and stated he was sorry
it had ended the way it had. Vice Mayor Jablin stated he wanted to go forward as a group together.
Councilman Clark commented he believed each member of the City Council had acted sincerely
with the best interests of the City in mind and believed the Council had consistently tried to do the
right things for the residents, and he was ready to work together going forward. Mayor Russo
commented he was committed to working together, that he thought when the previous City Manager
left that the Council had decided what they wanted, that he was not happy, and that hopefully with
a lot of hard work between the City Council, staff, and residents, the City could move forward.
Mayor Russo thanked Mr. Martinez and the City Council.
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Sabatello, seconded by Councilwoman Furtado,
carried 5 -0, the meeting was djourn�ed at 11:15 p.m.
APPROVAL:
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