HomeMy WebLinkAboutMinutes Council 101900CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
October 19, 2000
The October 19, 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, and a moment of silence for the sailors aboard the U.S.S. Cole who lost their
lives.
ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance:
Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember
Lauren Furtado, and Councilmember Carl Sabatello.
PRESENTATION:
Palm Beach Gardens Youth Athletic Association Softball Facility - Tory Buckley, President, Palm
Beach Gardens Youth Athletic Association Girls' Softball Division, presented a proposal for
renovation of the Lake Catherine Ballfield which would benefit the Girls' Softball Division and the
residents of the City. The proposal included expansion, refurbishment, and addition of girls'
bathrooms near the softball fields, installation of additional concession stands to increase city
revenue from athletic activities, expansion of storage facilities and parking lots, safety nets at
ballfields, construction of a children's playground for use by children of residents as well as players'
younger siblings during ball games, and adding two ballfields through agreement with the School
Board from unused fields at Howell Watkins school. The City Council was requested to authorize
a steering committee for this project as well as other needs for recreational programs. Consensus
of the City Council was to move forward with this project, with a target opening date of 2002. Dr.
Susan Foley, a pediatrician, spoke in favor of the proposal.
MUNICIPAL COMPLEX CHANGE ORDERS:
Construction Manager Ray Casto recommended approval of change orders proposed as a result of
agreement reached with Suffolk Construction Company. This matter was tabled for future
consideration in order to provide more information to the City Council.
CITY MANAGER REPORT:
Interim City Manager Ron Ferris provided an update on his activities to familiarize himself with the
City administration, and reported on an issue regarding allegations implying that there had been
unethical conduct associated with awarding a subcontract to build courts at the Tennis Center to the
husband of Sue Miller, Parks and Recreation Director. The City Manager advised that in a 1998
opinion, then City Attorney Carole Post had indicated there was nothing unethical about the contract
so long as the relationship between Ms. Miller and her contractor husband was revealed in the bid
documents, which had been done. The Interim City Manager reported that Ms. Miller had not been
a member of the selection committee; and reviewed cost overruns. City Attorney Rubin was
requested to research and compare with this one another conflict of interest opinion by Attorney
Post, which had been issued to Councilwoman Furtado. Inclusion of ethical guidelines within future
bid documents was suggested.
CITY COUNCIL REGULAR MEETING, 10/19/2000 2
COMMENTS FROM THE PUBLIC:
Pat Hughey Ms. Hughey thanked the City Council for the new traffic light at Gardenia and Military
Trail and expressed concern that no fence was proposed around the pond in front of the Fire
Department or the retention pond at the Albertsons' project.
CONSENT AGENDA: Councilwoman Furtado requested pulling items (b) and (d). Councilman
Clark moved approval of all items on the Consent Agenda except items (b) and (d). 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 September 21, 2000 Regular City Council
Meeting.
3. Resolution 95, 2000 - Consideration of authorizing an amendment to an agreement with Palm
Beach County for the partial funding of improvements at Westminster Park to utilize such
funds for improvements to the Thompson River Linear Park.
5. Consideration of awarding the Bid for two Police motorcycles in the amount of $26,700.00.
6. Consideration of approving matching funds in the amount of $4,751.00 for 1999/2000
$42,759 Department of Justice Block Grant for equipment and software to improve access
to critical information for Police Operations.
7. Purchase of EKG Monitors.
8. Arbor Day Proclamation.
9. National Epilepsy Awareness Month Proclamation.
Discussion ensued on the following items that were not approved on the consent agenda:
2. Resolution 89, 2000 - Consideration of authorizing execution of a Joinder to a drainage
easement executed by Mall Properties, Ltd. in favor of the MacArthur Center Property
Owners Association, Inc. City Engineer Dan Clark requested this item be delayed to the next
meeting in order to allow him time to investigate the matter.
4. Consideration of awarding the Bid for refurbishing of four police cars in the amount of
$52,377.05. Councilmember Furtado noted lack of supporting documentation and
questioned whether it had gone out for bid. Staff advised the requested information would
be provided at the next meeting.
PUBLIC HEARINGS:
Resolution 47, 2000 - 2700 PGA Boulevard Sign Variance. Mayor Russo declared the public
hearing open, continued from August 17, 2000 City Council meeting, and held on the intent of
Resolution 47, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
granting two variances to the 15 -foot front setback and 300 -foot street frontage requirements for an
existing ground sign located at 2700 PGA Boulevard, providing for repeal of resolutions in conflict;
and providing for an effective date. Principal Planner Steve Cramer presented a request to continue
the public hearing. Hearing no comments from the public, motion was made by Vice Mayor Jablin,
seconded by Councilman Clark, to continue the public hearing for Resolution 47, 2000 to the
November 2, 2000 City Council meeting. Motion carried by unanimous 5 -0 vote.
Ordinance 28, 2000 - The Isles - Parcel 4.05. Planner John Lindgren presented the project,
recommended approval with the 23 conditions and 8 waivers as stated in the staff report, and
answered questions from the City Council. Councilmember Sabatello requested the applicant
address costs for items in condition 3 and condition 6 to be tied to condition one, placing dollars into
CITY COUNCIL REGULAR MEETING, 10/19/2000
3
an escrow account. Mayor Russo declared the public hearing open, duly advertised October 5, 2000
and held on the intent of Ordinance 28, 2000 - An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida, providing for the approval of an application from DiVosta and Company
for a Planned Unit Development by approving the Construction of 379 residential units, a 5,300
square -foot town center, a 1,600 square -foot swimming pool, 4 tennis courts, and a 400 square -foot
maintenance building located at the southeast corner of Military trail and Hood Road, as more
particularly described herein; providing for conditions of approval; providing for waivers; providing
for severability; providing for conflicts; and providing for an effective date. Rick Greene, Vice
President, DiVosta Company, stated the petitioner agreed with the conditions as stated except
condition one, requesting that this condition sunset if Hood Road improvements had not been done
by December 31, 2003; requesting that in condition 2 highest and best use and the requirement to
redesign the PUD if no approval for upland preservation was reached within three months be
stricken, and instead refer to the discussion to be held on November 2 for approving the
methodology and requiring applicant to pay the required fee prior to issuance of the first residential
building permit; and requesting that condition 9 be modified to allow earthwork and digging for
the lakes to begin if petitioner could obtain a South Florida Water Management District permit. It
was decided to leave condition 9 as it was. Cyrese Colbert requested the waivers be clarified.
Another Garden Woods resident expressed thanks to DiVosta Company for working with the
residents. Carolyn Chaplin expressed her support for the project. Staff reviewed the requested
waivers. Irving Freling questioned the connection to Plat 4 and was advised there was no
connection. Hearing no further comments from the public, Mayor Russo declared the Public Hearing
closed. Principal Planner Cramer indicated staff believed that the Military Trail landscaping would
be installed prior to the 190th certificate of occupancy. Applicant requested language be added to
allow a temporary construction and/or sales trailer. Councilman Sabatello requested the delivery
dates be clear and worked out in a condition, and that location of the bus stop be included in a
condition. Councilman Clark moved to approve amendments to Ordinance 28, 2000 as read into
the record by various Council members and staff, including the City Attorney. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark moved to place on
Second Reading by title only and to approve Ordinance 28, 2000 as amended. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 28, 2000
by title only on Second Reading.
Resolution 93, 2000 - City Center Linkages Plan. Mayor Russo declared the public hearing open,
advertised on October 8, 2000, and held on the intent of Resolution 93, 2000 - A Resolution of the
City Council of the City of Palm Beach Gardens, Florida, providing for approval of the City Center
Linkages Plan to serve as one of several mitigation measures designed to alleviate the impacts of the
proposed and modified designation of constrained roadway at lower level of service (CRALLS) for
PGA Boulevard; and providing for an effective date. Principal Planner Steve Cramer reviewed the
plan. Mr. Cramer indicated staff supported a FEC railroad crossing north of the current location to
provide a direct route from Military Trail to Alternate AIA to Kyoto Drive to the Regional Center.
Roger Blangy acknowledged efforts by City staff to keep PGA Boulevard at six lanes, but indicated
eight lanes with attractive landscaping could look better than six crowded lanes, and questioned why
the property owner of the parcel north of PGA Boulevard wanted a railroad crossing on his property,
to which City Council members responded this plan was the City's plan to alleviate traffic on other
CITY COUNCIL REGULAR MEETING, 10/19/2000 4
roads. Mr. Blangy expressed concern that the train horns would be blown very close to Garden
Woods both day and night. Mayor Russo advised that if the railroad crossing was built then proper
planning must be done so that horns would not be blown close to Garden Woods. Councilmember
Furtado explained that with 4 -way gates a horn was placed at the intersection rather than blown from
the train. Mayor Russo requested a special meeting regarding this issue with experts brought in who
could answer questions from the residents. Mr. Blangy suggested the railroad crossing be south of
PGA Boulevard, and asked if the linkage plan would increase taxes, to which the response was that
the roads would be built with impact fees rather than tax money, and that the location south of PGA
Boulevard would not be as good a plan for traffic flow. Mayor Russo explained there were difficult
decisions that must be made in order not to have future traffic gridlock and the Mayor and Vice
Mayor expressed concern regarding the noise issue and the City Council's desire to work with the
residents. Pat Coyle expressed his opinion that the issue was more than just noise and that a road
might eventually be opened through Plat 4. Mayor Russo advised a special meeting would be held,
and ways of notifying residents were discussed. Richard Orman expressed his opinion that the
northern railroad track location was the correct location, but commented the problem was east -west
roadways and questioned why the road had a strange configuration. to which Mr. Cramer responded.
Pam Blank questioned if there would be a sidewalk and expressed concern for safety issues. It was
noted this was a conceptual plan, and pedestrian connections were discussed. Sidewalks for both
sides of the road were planned. Cyrese Colbert suggested abandoning an easement at the end of
Banyan Street and installing a retaining area; provided a history of the stub road; questioned where
the traffic went when trips were reduced on PGA Boulevard east of the railroad tracks; and stated
EPA had a problem with the road over the lake. Attorney Larry Smith recommended that language
be added in the Resolution that the City Council could make amendments from time to time. Sharon
Long commented no one had responded to Mr. Blangy's presentation at the Planning and Zoning
Commission meeting and expressed appreciation that the City Council was responding, and
wondered if the County made PGA Boulevard eight lanes whether there be any reason for the
railroad crossing or for the linkage plan. Mayor Russo responded that would require another traffic
study. Councilwoman Furtado commented that a special meeting with FDOT, Mr. Blangy, Mr.
Perez, Growth Management, and herself had been held after Mr. Blangy's last presentation. Phil
Holden commented the stub road from Military Trail was meant to service this property and the
owner years ago had been paid a lot of money because of limited access. Councilwoman Furtado
responded to Mr. Holden's question regarding the problem of stacking if the railroad crossing was
placed south of PGA Boulevard. A Hemlock Street resident commented there was still a choice for
the railroad crossing, to which Councilwoman Furtado responded that FDOT had chosen the
location. Hearing no further comments from the Public, Vice Mayor Jablin urged everyone to come
to the special meeting on this issue and announced a sign would be placed at the entrance to Garden
Woods announcing the time and place. Councilmember Clark made a motion to continue the public
hearing for Resolution 93, 2000 to the November 16, 2000 City Council meeting. Mayor Russo
seconded the motion, which carried by unanimous 5 -0 vote.
Suspension/Removal of City Manager - Attorney Terry Watterson reported that on September 25,
2000 the City Council had decided to remove Nabar Martinez as City Manager for cause and had
passed the first Resolution of Removal under the City's Charter. Attorney Watterson discussed
options available and presented a proposed agreement between the City and Mr. Martinez in which
CITY COUNCIL REGULAR MEETING, 10/19/2000 5
Mr. Martinez agreed to his termination and to resign his position, and which allowed salary and
benefits to be paid through October 31, a severance package of $73,000, release of all claims from
anyone who had had any dealings with the City by Mr. Martinez; and the City would release Mr.
Martinez from all claims and would defend him if any lawsuits were brought against him. Mr.
Martinez would affirm he knew of no violation by him or any City official or employee, of any law,
ordinance, or regulation. Mr. Martinez would return property, and requested a copy of his personnel
file, and was due no letters of recommendation. Pat Hughey expressed concern over City Council
actions in regard to this issue and loss of confidence because the promised investigation into the
performance of Mr. Martinez had not been conducted. Bob Patty, former Public Works Director,
supported the decision to remove Mr. Martinez, and related incidents where Mr. Martinez had
directed that projects be done that had not been budgeted and in some cases took money from
budgeted projects, some of which had been over $10,000 and should have been reviewed by the City
Council. Mr. Patty related incidents where Mr. Martinez had humiliated senior staff members in
front of other staff and residents. Mr. Patty explained that he had done outside work on other
employees' homes which he had cleared with previous City Manager Herakovich to avoid any
appearance of impropriety, and had not borrowed money from other employees as alleged, but was
still reprimanded by Mr. Martinez, even though he knew the previous City Manager had authorized
Mr. Patty's outside work and that it had been before Mr. Martinez was employed by the City. Mr.
Patty indicated he would not allow Mr. Martinez to slander his professional reputation and would
take legal action on this issue if Mr. Martinez's termination were not resolved. Vicki Wade,
Executive Assistant to the Fire Chief, read portions of a letter she had written regarding things that
had happened during Mr. Martinez's reign as City Manager, including meeting with personnel while
both she and the Fire Chief had been gone in which he had terminated her position as Community
Education Specialist and berated the Fire Chief, which Ms. Wade believed was because Fire Chief
Bergel would not accept the position of Assistant City Manager because doing so could jeopardize
firefighter pensions and other benefits. Ms. Wade expressed support for the City Council's actions
regarding Mr. Martinez. Attorney Justus Reid reported he represented employees Beth Ingold Love
and Sue Miller, indicated that the tennis court issue had come up as a result of a City Council
member leaking information to the press and that Ms. Miller had been very hurt and had done
nothing wrong; and indicated that Ms. Love had been the recipient of Mr. Martinez's outrages and
had been treated as a second class citizen. Attorney Reid indicated that these incidents had come
about after it became known there was a problem with Mr. Martinez, and that Ms. Love's evaluation
in August had been superlative. Mr. Reid commended the City Council for removing Mr. Martinez
and suggested a more detailed investigation of future City Manager candidates. Joel Breyer, Area
Vice President for Professional Firefighters and Paramedics of Palm Beach County and
representatives for cities belonging to the local union, commented it was very difficult to get
agreement between the firefighters, but there were approximately 30 in attendance on whose behalf
he was speaking. Mr. Breyer expressed support for the action taken in dismissing Mr. Martinez and
reported personnel had been treated in demeaning fashion, derogatory comments had been made; and
appointing a police officer as Personnel Director had not been appropriate to deal with firefighters. !
Mr. Breyer expressed support for the Mayor and the City administration. Laura Kazakavage, wife
of a City employee, reported she had been disturbed to learn Mr. Martinez had been fired from his j
last position in California where he had created havoc, and then was hired by the City. Mrs.
CITY COUNCIL REGULAR MEETING, 10/19/2000 6
Kazakavage expressed her opinion that a City Manager was needed that would be for employees as
well as residents. Richard Orman explained from his experience in city management that a city
could not be run like a business, and a City Manager was needed who could run the city like a city.
Mr. Orman supported the City Council action in removing Mr. Martinez but was against acceptance
of the proposed contract, and recommended the City file a complaint against Mr. Martinez with the
International City Management Association for his conduct. Mayor Russo advised the City needed
to go forward together and not forget the number one goal, which was the residents. Councilman
Clark indicated he had reviewed the proposed agreement and believed it would allow the City to
move forward. Councilman Clark made a motion to approve the proposed agreement between the
City of Palm Beach Gardens and Nabar Enrique Martinez as presented. Vice Mayor Jablin seconded
the motion, which carried 3 -2, with Mayor Russo and Vice Mayor Jablin opposing.
RESOLUTIONS:
Resolution 86, 2000 — Finance Director Kent Olson announced Resolution 86, 2000 - A Resolution
of the City Council of the City of Palm Beach Gardens, Florida, relating to the Construction of
Certain Local Improvements within the Proposed PGA Flyover Assessment Area; Determining the
Estimated Capital Cost of the PGA Flyover Enhancements; Establishing the Terms and Conditions
of the Proposed Special Assessments, Establishing a Public Hearing to consider imposition of the
Proposed Assessments and the method of their collection; Directing the provision of Notice; and
Providing an effective date - had been pulled from the agenda.
Resolution 90, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval of an Application from Burns Road Associates, Ltd. for an amendment
to the Palm Beach Gardens Business Park Site Plan, located at the northwest corner of Burns Road
and Interstate Highway 95, as more particularly described herein, by amending the Development
Order language in Condition #1 of Resolution 58, 1992; and providing for an effective date. Planner
John Lindgren presented the petition. George Kelly reported the sign colors had been changed, and
he would be happy to explore the possibility of moving the sign as desired by Councilwoman
Furtado. Councilman Clark made a motion to approve Resolution 90, 2000. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 92, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
providing for approval of a Site Plan for a 8,046 square foot Fire Rescue and Police Substation
within the Golf Digest (Mirasol) PCD, located 1/4 mile north of PGA Boulevard on the east side of
Jog Road and as more particularly described herein; providing for waivers; providing for conditions
of approval; and providing for an effective date. Senior Planner Ed Tombari reviewed the petition.
A representative of Gee & Jenson answered questions regarding the project, and Ann Booth, Urban
Design Studio, spoke on behalf of the petitioner. Councilman Clark made a motion to approve
Resolution 92, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 3 -0 vote.
Resolution 96, 2000 - A Resolution of the City Council of the City of Pahn Beach Gardens, Florida,
expressing its disapproval of the proposed interchange for Florida's Turnpike at the Bee Line
Highway with an access road to Northlake Boulevard, and providing for an effective date. Siro
DeGasperis spoke on behalf of PGA National POA and Northlake Coalition, expressing concern
with an exit ramp exiting on Northlake Boulevard, and indicated the groups were prepared to take
legal action against the proposal if necessary. Mr. DeGasperis requested the City Council pass the
proposed Resolution. Mayor Russo announced that Councilwoman Furtado had left the meeting
CITY COUNCIL REGULAR MEETING, 10/19/2000 7
because of an emergency. Joan Elias, President of CAN in PGA National, expressed support for
having no turnpike connection on Northlake Boulevard. Councilman Clark made a motion to
approve Resolution 96, 2000 in the form presented by the City Attorney. Vice Mayor Jablin
seconded the motion, which carried by unanimous 4 -0 vote.
REORDER AGENDA:
Councilman Clark made a motion to reorder the agenda to place Ordinance 31, 2000 after Ordinance
22, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 22, 2000 - Principal Planner Steve Cramer introduced Clancy Mellon of Duncan
Associates in Texas, who presented proposed updated impact fees as reflected in Ordinance 22, 2000
- An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the
amendment of Division IV of Article III of the City's Land Development Regulations, entitled
"Citywide Impact Fees," to update the Fire Protection and Emergency Medical services, Police
Protection and Parks and Recreation Impact Fee Schedules, amend the independent calculation
formulas, clarify the lien provisions, and make other minor revisions, providing for codification;
providing for severability; providing for conflicts; and providing for an effective date. Councilman
Clark made a motion to place Ordinance 22, 2000 on First Reading by title only. Vice Mayor Jablin
seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 22, 2000
on First Reading by title only.
Ordinance 31, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for the amendment of Division IV, "City Wide Impact Fees ", of Article III, "Development
Review Process ", of the City's Land Development Regulations, to provide for Impact Fees by
amending sections 49, 50, 51, 54, 55, and 57; providing for codification; providing for severability;
providing for conflicts; and providing for an effective date. Finance Director Kent Olson introduced
Clancy Mellon of Duncan Associates in Texas, who presented proposed road impact fees and
methodology for determining the fees. Attorney Larry Smith suggested removing the word
"collector" in one section of the proposed Ordinance to allow credit for road improvements
identified in the Thoroughfare Plan or in the City Center Linkages Plan without regard to whether
it was a collector road, tertiary road, etc. Councilman Clark made a motion to place Ordinance 31,
2000 on First Reading by title only. Vice Chair Jablin seconded the motion, which carried by
unanimous 4 -0 vote. The City Clerk read Ordinance 31, 2000 on First Reading by title only.
Ordinance 29, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval of a Conditional Use for an 8,620 square foot Fire/Police Station at the
northeast corner of Howell Lane and Northlake Boulevard; providing for severability; providing for
conflicts; and providing for an effective date. Planner John Lindgren presented the project.
Councilman Clark made a motion to place Ordinance 29, 2000 on First Reading by title only. Vice
Chair Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read
Ordinance 29, 2000 on First Reading by title only.
CITY COUNCIL REGULAR MEETING, 10/19/2000 8
Ordinance 30, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for Approval of the Application of the Benjamin Private School, Inc., for rezoning of 50
acres of land, located at the Northwest corner of the intersection of Central Boulevard and an
unnamed future east -west road as more particularly described herein, from Planned Development
Area (PDA) to Public /Institutional (P/I) with a Planned Unit Development (PUD) overlay, in order
to construct a 187,671 square foot private high school campus; providing for waivers; providing for
conditions of approval; providing for severability; providing for conflicts; and providing for an
effective date. Consensus was to consider Ordinance 30, 2000 for First Reading at the next City
Council meeting.
ITEMS & REPORTS BY MAYOR AND COUNCIL - Mayor Russo announced a meeting with
the School Board on October 31, 2000 to discuss swapping the City's fields adjacent to the high
school with others. Mayor Russo stressed the urgency of hiring new personnel. Mayor Russo
requested research into the contract with the search firm who had located Mr. Martinez to determine
whether their responsibilities had been met. The City Manager was given direction to find a
facilitator to work with the City Council. Holding agenda review meetings with staff and City
Council after the City Council had received their agenda packets was discussed. The interim City
Manager advised that the meetings would be advertised so that anyone could attend. Vice Mayor
Jablin reported he had attended the North County General Aviation Airport Community
Representative meeting, reported only two noise abatement events that were under investigation, and
distributed a map used by pilots. The Vice Mayor indicated he would discuss other items from the
meeting at a future meeting.
ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Jablin
seconded by Councilman Clark, car=ORUSSO umed at 11:30 p.m.
APPROVAL: MA'
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CH AN PRO TEM CARL SABATELLO
C MAN DAVID CLARK
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COUNCILWOMAN LAUREN FURTADO
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CARD bQrb. CITY CLERK