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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. • CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 2 0 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 0 0 CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 3 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. 10 0 CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 6 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 0 0 CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 7 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 0 i i ri ATTEST: CINDY H EY, DEPUTY CIT CLERK SABATELLO