HomeMy WebLinkAboutMinutes Council 041698CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 16, 1998
The April 16, 1998, Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order at 7:30 p.m. by
Vice Mayor Lauren W. Furtado in the City 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 following elected officials were found to be in attendance:
Mayor Joseph Russo, Vice Mayor Lauren W. Furtado, Chairman Pro
Tern Eric Jablin, and Councilman Carl Sabatello. Councilman David
Clark arrived at 7:35 p.m.
CITY MANAGER
REPORT The City Manager reported that West Palm Beach had requested the
deed to the water catchment area for Jog Road be turned over to Palm
Beach County, and suggested communicating with West Palm Beach
• that Palm Beach Gardens did not believe Jog Road would be
continued through an environmentally sensitive area. The City
Manager was requested to find out who made the request and why the
request was made.
The City Manager announced the annual Beautiful Palm Beaches
Cleanup on Saturday at 8 a.m. The City Manager announced a
Special City Council meeting for May 28, 1998 where contract
recommendations for the new municipal complex would be considered
for approval. The starting time for this meeting would be set after
bids were received.
The City Manager announced that Finance Director Kent Olson would
discuss unfunded mandates. Mr. Olson explained that two bills now
in the Senate, SB3735 and SB270, would mandate that all provisions
of Chapter 175 and 185 could apply to local law pension plans, and
would allow pension boards to consider how State funds could be
spent. Mr. Olson explained that the City's current plan had equal or
better benefits and that under these mandates the cost to the City
could be just under $400,000 annually. Vice Mayor Furtado made a
motion to authorize the Mayor to sign letters opposing these bills.
. Motion was seconded by Chair Pro Tern Jablin and carried by
unanimous 5 -0 vote.
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The City Manager announced that a issue before the Constitutional
Revision Committee would change a Park policy which would
increase the sovereign unity level for municipalities to $500,000. It
was the consensus of the City Council to direct the City Attorney to
draft a response in opposition of this proposed change.
PRESENTATIONS
1998 State Spring Games Brahm Dubin, Dubin & Associates, announced the first annual
membership tournament to be held May 9, 1998, and announced a
current total of 131 memberships, of which 85 were Palm Beach
Gardens residents. Mr. Dubin announced the 4th Annual Unified
Youth Sports Festival, which would be hosted by the Palm Beach
County Sports Commission. Mr. Dubin announced the State Spring
Games Florida Special Olympics on May 15, 1998.
1997 Audit Debra Dias, Partner, Haas, Dias & Company, announced that the
audit report consisted of an opinion letter, a letter regarding
compliance and manual control of finance, and a third letter stating the
City is not in a state of financial emergency and containing
management comments. Ms. Dias reviewed a brochure containing
revenues and expenditures for the past five years. During discussion,
Mayor Russo stated he wanted to be sure at budget time that expenses
did not exceed revenues. Councilmember Sabatello questioned certain
expenditures. Ms. Dias explained that money which had been
accumulating for several years was now being spent for projects. Vice
Mayor Furtado requested the Finance Director prepare a City Line
article to explain the budget. Ms. Dias stated the City's fiscal stability
was very sound.
BallenIsles City Council
Beautification Award Members of the BallenIsles Country Club Property Owners
Association were presented with the first 1998 residential
beautification award from the City of Palm Beach Gardens
Beautification and Environmental Committee for their community's
beautification efforts.
• Mayor Wagner, Lake Park Mayor Will Wagner of Lake Park announced that Lake Park was
celebrating their 75th anniversary. Mayor Wagner invited all the
Council members to a joint workshop of all the councils who were
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members of NAMAC at Juno Beach on May 11, 1998, to discuss a
north county central dispatch system, and encouraged representatives
to attend meetings, and expressed hope that the Council woud appoint
a representative and an alternate.
AWARDING OF BIDS
Equipment Purchase
for Parks Division City Manager Herakovich reported that staff recommended
piggybacking onto the Orange County School Board's contract for
equipment and to award an amount not to exceed $36,961.62 to
Turner Outdoor Equipment of Delray, to purchase two off -road utility
vehicles, a ball field machine, a self - propelled field painter, and a
tractor for park maintenance. Vice Mayor Furtado made a motion to
accept the staff recommendation. Chairman Pro Tem Jablin seconded
the motion, which carried by unanimous 5 -0 vote.
ITEMS BY MAYOR
AND COUNCIL It was the consensus of the City Council to postpone this item until
later in the meeting.
COMMENTS FROM
THE PUBLIC There were no comments from the public.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda as
submitted. Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote.
RESOLUTIONS
RESOLUTION 32, 1998 Neil Lewis was proposed as a regular member of the Code
Enforcement Board, with term to expire March 5, 1999. Vice Mayor
Furtado made a motion to approve Resolution 32, 1998 with the name
of Neil Lewis inserted in the blank. Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote.
RESOLUTION 33, 1998 Ralph R. Pisani was proposed as a regular member of the Planning
and Zoning Commission, with term to expire February 1, 1999. Paul
Sabatello was proposed as an alternate member of the Planning and
Zoning Commission, with term to expire February 1, 1999. A poll of
the City Council indicated that all members were comfortable with the
recommendation of Paul Sabatello; however, indicated that his
CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 4
appointment must be delayed until receipt of his resignation from the
Code Enforcement Board. Councilman Clark made a motion to
approve Resolution 33, 1998 with the name of Ralph R. Pisani
inserted in the blank. Chair Pro Tem Jablin seconded the motion,
which carried by unanimous 5 -0 vote. Chair Pro Tem Jablin made a
motion to reconsider Resolution 33, 1998. Councilman Clark
seconded the motion, which carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve Resolution 33, 1998
with the following amendments as recommended by the City Attorney:
changing the wording Two (2) Members to One (1) Member; deleting
Section 2; and renumbering Section 3 to Section 2. Chair Pro Tem
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 34, 1998 Audrey Marton was proposed as a regular member of the
Beautification and Environmental Committee, with term to expire
March 21, 2001, to replace Donna Amado, who had resigned.
Councilman Clark made a motion to approve Resolution 34, 1998
with the name of Audrey Marton inserted in the blank. Vice Mayor
is Furtado seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 35, 1998 Bruce W. Fletcher, Pam Didio, and Susie Kendall were proposed for
reappointment to the Parks and Recreation Advisory Board for two
year terms. Vice Mayor Furtado made a motion to approve
Resolution 35, 1998 with the names Bruce W. Fletcher, Pam Didio,
and Susie Kendall inserted in the blanks. Councilman Clark seconded
the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 37, 1998 City Manager Herakovich described the process by which candidates
had been reviewed for the position of Fire Chief. Pete Bergel was
recommended as Fire Chief for the City of Palm Beach Gardens. The
City Manager listed the chosen candidate's qualifications.
Councilman Clark made a motion to approve Resolution 37, 1998
with the name of Peter Bergel inserted in the blanks. Vice Mayor
Furtado seconded the motion, which carried by unanimous 5 -0 vote.
Congratulations to Fire Chief Bergel were extended by Mayor Russo
and Vice Mayor Furtado. Fire Chief Bergel was sworn in by the
Deputy City Clerk.
ORDINANCE 7, 1998 Principal Planner Kim Glas proposed a new policy for concurrent
applications for development orders to be codified in the Land
Development Regulations. The new policy would place the decision
for concurrent processing in the hands of the Growth Management
CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 5
Director. After concern was expressed regarding taking this decision
from the City Council, Growth Management Director Manning
recommended that the Growth Management staff be allowed to
review the criteria and make a recommendation to the City Council,
who would have responsibility for the final decision. Staff was
directed to make appropriate changes to the Ordinance and bring back
for first reading at the May 7, 1998 City Council meeting.
ORDINANCE 8, 1998 Vice Mayor Furtado made a motion to approve Ordinance 8, 1998 on
first reading by title only. Councilman Clark seconded the motion.
During discussion of the motion, Vice Mayor Furtado, Liaison to the
Parks & Recreation Board, explained the Board would now meet
every two months instead of quarterly and members' terms would be
extended from one year to two years. In response to Councilman
Sabatello's question regarding whether a board member could be
dropped from the board before expiration of a term, the City Manager
explained that generally if four meetings in a row were missed, the
member would be dropped. Boards were allowed to set different
• attendance criteria if desired. Motion carried by unanimous 5 -0 vote.
The Deputy City Clerk read Ordinance 8, 1998 by title only on first
reading.
ORDINANCE 9, 1998 Growth Management Director Roxanne Manning explained that this
Ordinance would amend the zoning code to clarify the definition of
development, make sure that residential projects and City -owned
projects were not subject to the requirements of the Ordinance, clarify
the term fee, and delete a section on eligible projects because defining
the term development defined an eligible project. Language would be
added to Section 4: except the definition of development contained
in any other chapter of the City's code ordinances, as recommended
by the City's legal staff. Councilman Clark requested that the
Ordinance differentiate between residential houses and residential
developments and requested that the word Development be capitalized
in one section of the Ordinance. Councilman Clark made a motion to
approve Ordinance 9, 1998 on first reading by title only. Chair Pro
Tern Jablin seconded the motion, which carried by unanimous 5 -0
vote. The Deputy City Clerk read Ordinance 9, 1998 by title only on
first reading.
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ITEMS FOR COUNCIL
ACTION
Equestrian Ad -Hoc Task
Force It was the consensus of the City Council that Councilman Clark be
appointed as a regular member of the Equestrian Ad -Hoc Task Force,
with Chair Pro Tem Jablin as alternate. It was reported that the
meetings were usually held at 5 p.m. at the Palm Beach County
Government Center.
NAMAC It was the consensus of the City Council that Mayor Russo be
appointed as a regular member representing both Fire and Police, to
attend NAMAC meetings, with Chair Pro Tem Jablin as alternate
representing both Fire and Police. Chair Pro Tem Jablin planned to
attend the May 11 meeting. City Manager Herakovich reported that
the City's new computer system would allow NAMAC financial
reporting.
• Municipal League Mayor Russo suggested that several voting alternates be appointed so
that someone from the City would always be in attendance and
someone would always be there to vote, and requested that this be
brought back in Resolution form.
Northlake Boulevard
Task Force Vice Mayor Furtado volunteered as City Council Liaison, and
Councilman Sabatello volunteered as alternate for Northlake
Boulevard Task Force.
City Sign After discussion of the proposed sign changes, it was the consensus
of the City Council to keep the current design. The City Manager
explained that as a condition of a development order, developers of
two upcoming projects would be providing funding for signs.
ITEMS BY MAYOR
AND CITY COUNCIL
Vice Mayor Furtado The Vice Mayor questioned whether the variance for a median cut on
Military Trail which was granted to Northmil in 1996 would be
granted today based on current traffic counts, and pointed out that
variances were not binding for more than six months. The City
Attorney stated he did not believe that was a legal question and that
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he could not answer it. Vice Mayor Furtado reported she had
learned at the MPO meeting that $200,000,000 was being
appropriated on the Federal level for the bullet train, and requested
letters be sent to the MPO and to the Secretary of Transportation
suggesting funding be set aside to get double tracking for Tri -Rail in
place ahead of the bullet train project. The Vice Mayor reported that
Gardens Mall and Medical Mall officials had indicated that public
transportation was needed in order to provide transportation for
workers. The Vice Mayor commented there was a need for a
Juvenile Justice Truancy Site in Palm Beach Gardens, and requested
research be done to determine the amount of square footage needed
so that donated space could be sought. The site would screen any
child not in school picked up on the street as to why they were not in
school and trained personnel from a central truancy group would
address the cause, such as family problems, drug problems, etc. City
Manager Herakovich stated she would send a list of available space to
Pat Sheffield, who was handling that matter. Vice Mayor Furtado
suggested more City Line newsletter articles regarding the City's
businesses.
Chair Pro Tem Jablin Chair Pro Tem Jablin reported that the City Attorney had advised
there would be no problem with the Education Advisory Board
hosting a candidate's forum for the upcoming School Board election,
which had been announced at the previous evening's Education
Advisory Board meeting. Chair Pro Tem Jablin had contacted
Adelphia Cable, who agreed to provide county -wide coverage of the
event, which would be sponsored by the Palm Beach Gardens
Education Advisory Board and other Education Advisory Boards in
the area. Chair Pro Tem Jablin stated he hoped to get the Palm Beach
Gardens High School Magnet Film Program to do actual production
of the debate.
CITY ATTORNEY
REPORT Attorney David Acton explained no order to show cause had been
received in the Northmil matter. Attorney Acton reported great
harmony in working in sync with the Department of Justice on the
USA vs. Gardens Consent Decree matter.
ADJOURNMENT There being no further business to discuss, upon motion by Vice
Mayor Furtado, seconded by Councilman David Clark, the meeting
was adjourned at 9:30 p.m.
CITY COUNCIL REGULAR MEETI 4 16/9 PAGE 8
APPROVAL:
JOSEW -k. RUSSO
VICE MAYOR LAUREN FURTADO `J
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ATTEST:
CINDY H EY, DEPUTY CIT CLERK
SABATELLO