HomeMy WebLinkAboutMinutes Council 082897CITY COUNCIL
WORKSHOP MEETING
AUGUST 28, 1997
The August 28, 1997, workshop meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 7:30
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 roll was called by the Deputy City Clerk, and the following
elected officials were found to be in attendance: Mayor Joseph R.
Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe,
and Councilman David Clark. Councilman Eric Jablin arrived at
P.M.
ITEMS FOR DISCUSSION
PBGYAA Sue Miller, Director of Parks and Recreation, addressed the City
Council regarding her report regarding the Status of the PBGYAA.
Mrs. Miller stated that her recommendation was to eliminate the
Executive Board of the PBGYAA and put a board together to
include the directors of each of the sports groups and a staff
member from the Parks and Recreation Department. Mrs. Miller
felt that the new board would bring better structure and
communication from the PBGYAA. Mrs. Miller stated that she
has discussed this recommendation with several members of the
CITY COUNCIL WORKSHOP MEETING, 8128197
PBGYAA and Directors of the PBGYAA and there was a
consensus to form this new board in a compromise.
City Manager Herakovich discussed the history of the
communication problems with the PBGYAA, pointing out that 5
years ago there was discussion regarding the City taking over the
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PBGYAA. City Manager Herakovich stated that everyone serving
at the PBGYAA is serving in a very much appreciated volunteer
capacity. City Manager Herakovich pointed out that the YAA had
problems at one point, as pointed out by the newspapers, and the
executive board took care of those problems in an effort to clean up
that organization. However, over the years a board has been
formed for each sport, which are overseen by an executive board,
perhaps creating too many layers.
Mayor Russo asked if there were any members of the PBGYAA
Executive Board that wanted to speak.
Ray Ludwig Mr. Ray Ludwig addressed the Council, stating that there was not
an executive board at the PBGYAA, however, there was a 9
member board. Mr. Ludwig stated there were 4 board members
elected by the members of the YAA, one member that is the past
president and the presidents of each of the divisions also sits on the
board of directors. Mr. Ludwig explained the bylaws and the state
CITY COUNCIL WORKSHOP MEETING, 8128197
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regulations that govern the organization that allow it to have a non-
profit status.
Vice Mayor Furtado stated that she was frustrated in that
everything the City has requested, i.e.the interlocal agreement
between the City and YAA, has not happened.
Mr. Ludwig pointed out that the YAA did not have a voting
member of the Recreation Advisory Board and stated that she was
representative of baseball and was not appointed by the YAA
board to represent them on the Recreation Advisory Board.
Mayor Russo and Vice Mayor Furtado felt that communication
would improve if there was a board comprised of members of the
YAA and the City.
Mr. Ludwig felt that the communication could be improved if the
information from the YAA reached the City Council.
Pam Didio Pam Didio stated that baseball this year, along with the other four
sports, had nothing but great communication with the Parks and
Recreation Department, as well as the Mayor and Council. Ms.
Didio stated she was in agreement to go down to a 5 member
board.
William Filippo Mr. Filippo stated there is a director of the YAA that has been
convicted of 3 separate charges by the State of Florida. City
CITY COUNCIL WORKSHOP MEETING, 8/28/97
Attorney Acton stated that he could advise the City Council that
they could choose to accept any information this gentleman has
regarding his allegation, however, he could not offer Mr. Filippo
any legal advice. Mr. Fillippo stated there was a file completely
documented in the City's Police Department that has all the
information regarding YAA member Lynne Wesley Rausch, 4287
Bellwood Street. Mr. Fillippo stated that he overheard this
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gentleman talking with someone from out of state plotting to harm
his neighbor, Lucille (last name unknown) because she was
complaining about interference he was causing over her television
with his 2 way radio. Over this radio Mr. Rausch threatened harm
to the neighbor and her son. Mr. Fillippo recounted his experience
with the Sheriff's Office and the eventual prosecution by the Palm
Beach Gardens Police Department. Mr. Rausch has also
threatened Mr. Fillippo's wife and family and broadcasted that
Judge Blanc had no authority over him and this resulted in another
arrest of Mr. Rausch. Mr. Rausch was convicted of contempt of
court three times and has just recently settled with Mr. Fillippo's
attorney.
Mayor Russo asked that Mr. Fillippo give a copy of his file on
these incidents to the City Manager and asked what the issue was
CITY COUNCIL WORKSHOP MEETING, 8128/97
that Mr. Fillippo was trying to raise with regard to YAA.
Mr. Fillippo felt that the City Council should do something that
would assure that individuals such as Mr. Rausch were not
members of the YAA board.
Garrett Granger Mr. Garrett Granger stated that the proposal offered by the Parks
and Recreation Director is an equitable solution to the problems
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being experienced by the YAA. Mr. Granger felt that whatever the
City Council could do to assist with the restructuring of the YAA
would be a great service to the children of the community.
William Heftan William Heftan stated he was in favor of background checks for
volunteers with the YAA in an effort to save the young people
from destruction.
Tory Buckley Mr. Buckley stated that he disagreed with the proposal to eliminate
part of the board because the board is made up of those involved in
sports and the information brought back to the board by them is
essential to the success of the YAA. Mr. Buckley felt that the real
problem with the YAA were the rules that governed the play on the
fields that allowed for conflict and not promoting recreational
sports. Mayor Russo reiterated that the reason for this workshop
meeting was because everyone wanted to do a better job for the
children of the City.
CITY COUNCIL WORKSHOP MEETING, 8/28/97
Cathy Babin Cathy Babin expressed her agreement with a 5 member board that
would include a member from the City, however, stated that
approval of the YAA membership would have to approve the
change in the board.
Sam Carsillo Sam Carsillo, resident of the City, stated that the youth must be
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served and recommended that the Director of Recreation had to be
involved in creating rules and regulations and needed the backing
of the City Council.
Dave Panaia Dave Panaia, resident of the City, stated that he did not believe the
proposal for a new board would be acceptable, but did feel that a
youth sports commission would be a solution to problems. Mr.
Panaia felt that the Director of Parks and Recreation should include
numbers and procedures in her report so that the members of the
YAA would be able to see the changes that would take place.
Sue Miller, Director of Parks and Recreation, stated that
communication with the YAA has been difficult, adding that
members of the Board of Directors of the YAA would only talk to
the City Manager and not with staff.
Mayor Russo stated that the City Council wanted a consensus of
what needed to be accomplished and determine how to have the
items accomplished.
CITY COUNCIL WORKSHOP MEETING, 8/28/97
Vice Mayor Furtado expressed her frustration in asking that all
adults working with children on City fields have background
checks, however, this has not been accomplished to date. Vice
Mayor Furtado stated that she also asked for an agreement to be
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signed between the City and YAA so that if there were agreements
between the organization and the City the problems could be
worked out, however, this never was accomplished. Vice Mayor
Furtado stated that the City was not trying to dictate, but pointed
out that there has not been cooperation from the YAA.
City Manager Herakovich stated that everyone speaking this
evening was partially right. City Manager Herakovich stated that
there was an agreement that was being discussed, but it fell apart
when the YAA Board wanted to advise the City Council and the
City wanted the Board to advise the Recreation Department. Mrs.
Herakovich stated that the situation being experienced with the
YAA occurs in every growing community. Communities become
so large that a decision has to be made on how to take the politics
out of service to the children and that is the goal that needed to be
kept in mind.
Councilwoman Monroe pointed out that these issues have been in
the newspapers several times, as late as today's edition, and felt
CITY COUNCIL WORKSHOP MEETING, 8128197 8
that if enough parents of children were in the YAA were against
the City getting more involved in the procedures to be used by that
organization, they would be in attendance at this meeting.
Dave Panaia suggested that the City Council appoint a task force
similar to the one appointed to solve the EMS issues.
Pam Didio Pam Didio, resident of the City, stated that the bylaws of the YAA
stated that the election must be held by October I st and the
organization needed to proceed with the election of all four sports
and the general directors.
Legal Fees City Manager Herakovich reminded the Council that during budget
workshop sessions there were discussions on recouping legal fees.
The Finance Director conducted a survey and prepared a report on
the contractual amount for legal fees versus the budgeted amounts.
Mayor Russo stated that the City felt that it has been given
excellent legal advice, however, pointed out that at the time Tom
Baird of Watterson, Hyland & Klett was retained as the attorney
for the City, there were discussions regarding doing an RFP for an
in -house attorney and the City Council recently discussed going
out with an RFP for legal services. Mayor Russo stated his
concerns have been the dollar amount being spent and if a firm
would give the City a fixed rate.
CITY COUNCIL WORKSHOP MEETING, 8128197
City Manager Herakovich stated that the current contract for legal
services expires September 30, and did contain a renewal clause.
City Manager Herakovich stated that the City currently uses
specialized counsel, including labor attorneys, and could not
recommend an in -house attorney at this time.
Mayor Russo stated he was concerned that the Town of Jupiter
paid $140,000 a year in legal fees while the City of Palm Beach
Gardens paid $225,000 a year. Mayor Russo asked why the City
had too much legal work and whether staff could do more work
internally to lessen the cost of legal counsel.
City Manager Herakovich stated that the end figure for legal fees
for the year will fall between $210,000 and $215,000 and felt that
the contract could better define what would be covered by the
retainer and how the legal reviews will be done. City Manager
Herakovich stated that steps have already been taken to lessen
staff's reliance on legal counsel.
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Vice Mayor Furtado stated that since a firm has been involved with
the City, there has been less wait time for legal research. Vice
Mayor Furtado felt that since the City has recently adopted an
ordinance that would recoup the legal fees caused by projects,
similar to that charged for engineering fees, that the costs should
CITY COUNCIL WORKSHOP MEETING, 8/28/97 10
go down for legal services.
Councilman Jablin felt that the City Manager should try to tighten
up the contract for legal services to see if there was some way to do
cost containment. If that did not work, the City would still have
the option of going out for an RFP.
Mayor Russo asked that the City Attorney prepare a report for City
Council on how the City can better interact with them.
Councilman Clark stated that he was more than satisfied with the
legal services being provided to the City and felt the City was
getting a lot of assistance for the amount of money spent.
Councilwoman Monroe felt that the City was receiving excellent
legal services and felt that steps taken to reduce staff reliance on
legal counsel should help save in legal costs.
City Attorney Acton stated that Attorney Carol Wallace did the
bulk of the day to day work, even though the Council sees him at
most of the meetings, and pointed out that the firm takes a very
preventive approach because they felt it was more appropriate to
spend some of the money now rather than let someone sue the City
and get involved in litigation later.
CITY MANAGER REPORT City Manager Herakovich stated that the City Council has had
several items over the last few months requiring a response from
CITY COUNCIL WORKSHOP MEETING, 8/28/97
staff.
Recently Council asked if the City had updated codes since
Hurricane Andrew. City Manager Herakovich reviewed those
sections of the code that were updated in response to Hurricane
Andrew.
City Manager Herakovich stated that in response to Council,
research showed that the City has participated in the National
Flood Insurance Program since the late eighties and the City has
requested further information from Tallahassee to assure that the
State has received all updates regarding the rating system.
City Manager Herakovich stated that Councilman Jablin just
returned from the selection of the new principal for Palm Beach
Gardens Community High School Review Committee.
Councilman Jablin stated that there were 8 -9 people to interview
the two candidates for the position of principal for Palm Beach
Gardens High School. Unfortunately, all felt that there should
have been more candidates. Councilman Jablin stated that the
selection would be made next Wednesday at the school board
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meeting. Councilman Jablin stated that there was a constitutional
review process going on and he felt that the City needed to be
vocal in this process because when they do review the constitution,
CITY COUNCIL WORKSHOP MEETING, 8/28/97
it would take an amendment to change the school districts. A
discussion ensued regarding concurrency and the progress of the
Students First organization.
City Manager Herakovich stated that Council requested a report
regarding the City's take home vehicle policy and gave each
Council member a copy of the prepared report. City Manager
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Herakovich stated that she would recommend that the City stay out
of the vehicle business and preferred giving car allowances as a
management incentive because it would require less mechanics
time, insurance costs, etc.
City Manager Herakovich stated that in response to questions by
the City Council, Beth Ingold, Community Affairs Specialist, had
prepared a presentation regarding the complaint system used by
staff. Dr. Ingold stated that a review of the current system showed
that the system was decentralized and fragmented, allowing some
issues to fall through the crack. Dr. Ingold proposed a revamping
of the system which would create a one stop shop for complaints
with one person to take the complaint and have the ability to track
the complaint from beginning to resolution. Dr. Ingold stated that
the system would allow for reports to City Council by issue or
address and would provide for one person to take the complaints
CITY COUNCIL WORKSHOP MEETING, 8128197
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and do data entry, allowing more responsiveness to residents. City
Manager Herakovich explained that the proposed complaint system
would require the addition of one clerical staff position. There was
a consensus of the City Council to support the new system,
including the addition of a clerical position. It was further
suggested that the City Manager determine if staff could be taken
from elsewhere in a department that already experiences a lot of
complaints.
City Manager Herakovich stated that the Council asked for
information on an environmental approach by staff to current City
issues and problems and Paul Friedman has completed a report
showing that staff was doing a good job in this area.
City Manager Herakovich reported that the Marriott Hotel parking
met City codes when it was approved, however, since that time the
code has changed. Mrs. Herakovich stated that she has had
discussions with the adjoining property owner. The Marriott Hotel
management has been working on the parking problems and will
be before Council soon to discuss the issue.
City Manager Herakovich reported that staff has invited Henry Iler
to the September 18, 1997, meeting to discuss the impact fee
ordinance.
CITY COUNCIL WORKSHOP MEETING, 8128197 14
Mark Hill, Growth Management Director, explained the
procedures used to notify those residents that park in the swales,
stating that his concern was that code enforcement staff be used to
advise those residents that have been parking in the swale for a
long period of time. Mr. Hill stated that it would be beneficial to
give residents warnings for a certain period of time until there has
been ample time for all residents to know that parking in the
swales is not allowed. In response to Councilwoman Monroe,
Mark Hill explained that it is staff's intent to enforce the code,
however, pointed out that there are several different ways of
enforcing the code. Mr. Hill felt that enforcement worked best
when staff worked with the residents to bring them into
compliance, however, the intent would be to enforce the code.
Councilwoman Monroe expressed her concern that the code would
not be enforced and asked that if the intention was not to enforce
the code then to change the code. Mayor Russo stated that he did
not want residents hassled, but would like code enforcement staff
to work with the residents to inform them of the code.
Councilman Clark stated that he felt that residents should be
informed of the code, however, if the violation continued then
those residents in violation should be dealt with, and if the code as
CITY COUNCIL WORKSHOP MEETING, 8/28/97
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presently written does not state what the Council feels it should say
then it should be revisited. Councilwoman Monroe felt that this
issue should be workshopped to determine what the Council
wanted to allow as far as parking in the swales. City Attorney
Acton stated that one aspect of this that needed to be addressed was
the City had streets and roadways that the City had no authority
over. Attorney Acton recommended that the City be consistent
with the provisions, but also keep in mind that the City streets that
only have two lanes should include no parking on the streets.
Mayor Russo felt that this issue needed to be workshopped.
Mark Hill stated that staff examined the code with reference to
commercial vehicles and found that there is a problem with the
City code. The code states that vehicles that are licensed by the
state as commercial vehicles cannot be parked over night in
residential areas. Mr. Hill explained that the state did not license
vehicles as commercial or non - commercial vehicles, but licensed
the type of vehicle. This has forced the staff into over interpreting
the code. Mr. Hill felt that the code should be clear enough so that
it would not be over interpreted. Mr. Hill recommended that the
code be amended and asked that the Council workshop this issue.
Mr. Hill stated that until the code is amended, code enforcement
CITY COUNCIL WORKSHOP MEETING, 8128197 16
staff would simply cite those vehicles which are exceeding the
weight limit for vehicles parked in residential areas. Any vehicles
that are questionable would not be cited until the code amendment
is made.
A discussion ensued regarding an easement in the front of
someone's residence where a driveway was installed. Vice Mayor
Furtado stated that there has been a problem with code
enforcement staff going to a resident's home because of a violation
and pointing out that items such as a fence in the backyard never
having a permit when the resident just purchased the house. Mayor
Furtado asked that when the house was inspected that there was a
way they could be told of errors such as that mentioned.
City Manager Herakovich stated that the Council expressed
concerns with the leaking roof at the Community Center and felt
that the roof should be repaired. Bob Patty, Director of Public
Works detailed the problems experienced with the roof repairs,
including the leaking around the gymnasium skylights and the
foyer skylights and leaks in the new air conditioning vents. Mr.
Patty stated that the leaks are either new leaks or faulty repairs by
the roofer. Vice Mayor Furtado stated that she was concerned with
the constant leaking problems that would eventually cause a bigger
CITY COUNCIL WORKSHOP MEETING, 8128197 17
problem in repairs. Vice Mayor Furtado also expressed her
concern that someone walking on the floors could get hurt.
City Manager Herakovich stated that one of Council's concerns
was how to help the Shriners to have a sign within the legal scope
of the sign code to advertise for the weekly bingo games. Mrs.
Herakovich stated that the current sign used by the Shriners is a
violation of the sign code and a resolution has been recommended
to the Shriners which they were agreeable to use.
City Manager Herakovich stated that Council asked the difference
between a Task Force and an Advisory Board. Mrs. Herakovich
stated that when a task force was appointed the Council asked
whether they would be under the same restrictions as an advisory
board, and it was a policy that should be placed on a future agenda
for discussion. Vice Mayor Furtado, referencing the Neighborhood
Initiative Task Force, stated that Sy Fine was an owner of rental
property, however, because he did not reside in the City, he could
not be a voting member of a task force. A discussion ensued, and
it was the consensus of the City Council that non - residents should
not be a voting member of a task force. Councilwoman Monroe
stated that if there was not a resident that had the expertise needed
to assist the task force in making decisions or recommendations, or
CITY COUNCIL WORKSHOP MEETING, 8128197 18
there was a shortage of residents that were willing to serve on a
task force, then it would be up to the City Council to decide if a
non- resident could serve on a task force. Councilman Clark agreed
with Councilwoman Monroe, stating that the Council should use
discretion when no resident was available to serve or no one was
available that had the expertise needed.
City Manager Herakovich stated that the City has advertised for
bids for the irrigation, landscaping and electrical work for the I -95
and Northlake Boulevard improvements and those bids would be
on a future agenda of the City Council.
City Manager Herakovich stated that concerns have been expressed
in the past regarding the Public Works facility not being in
compliance with the city codes and added that a report had been
given to Council several weeks ago for their consideration. City
Manager Herakovich stated that she had a reluctance to putting an
monies into this site and has been directed by the Council to search
for a future site for the Public Works Department. Mrs.
Herakovich stated that costs for improvements range from $35,000
- $245,000. Bob Patty reviewed three of the options that included
improvements for a chainlink fence, landscaping and parking. It
was decided that the City Council would consider option 5, with
CITY COUNCIL WORKSHOP MEETING, 8/28/97 19
staff shifting priorities so that some of the work could be
completed this year and the remainder next year.
City Manager Herakovich reviewed the 1997 Goals and Objectives
that were set by the City Council at the beginning of the year and
gave the status of each one as follows:
1. Communication With Residents - Ongoing. CityLine
has increased and been expanded to include all businesses
in the City receiving the publication. The City employees
also now receive a copy of the publication as well so that
they are aware of issues before the City Council. The issues
include information on various codes of the City so that
residents can be informed. City Manager Herakovich stated
that Dr. Ingold was working on the community reference
publication as well.
2. Move City Hall Into the Modulars - Completed.
3. Emergency Operations Grant for the new Municipal
Complex - Staff has attended workshops in Tallahassee to
learn about the grant application and currently the City is
not in the funding cycle, however, all information has been
received and the City will be applying when the funds
become available closer to the construction time frame.
4. Approve New Municipal Complex Site Plan -
Completed.
S. Approve Conceptual Design Plan for the New
Municipal Complex - Completed.
6. Approve Architectural Final Site Plan - Completed.
7. Hire a Construction Manager - Mrs. Herakovich stated
that a committee has been formed to review issues
important to the hiring of a construction manager for the
new municipal complex. Mayor Russo expressed his
concern that the City did not have the talent or the
experience of going through the major construction of a
new municipal complex and wanted to be sure that the
proper procedures were followed. Mayor Russo hoped that
staff could learn from other cities mistakes and felt that the
sooner the construction manager was hired the more staff
CITY COUNCIL WORKSHOP MEETING, 8/28/97
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could keep on top of what was happening with the new
municipal complex.
8. RFP for Parks Master Plan - Staff has created the RFP
and is ready to go out for bid, however, there is no hurry as
this project has not been budgeted this year. Mayor Russo
stated that he would like the search for land for a regional
park to be placed on the list. A discussion ensued as to
whether there was an immediate need for a regional park
and if so, how long it would take to have such a park
constructed.
9. Initiate a Comprehensive Plan and Advisory Committee
- Currently being done by Kim Glas - In Process.
10. Initiate the Neighborhood Initiative Task Force -
Completed.
11. City Signs - Completed.
12. RFP for Wage and Salary Study - Completed. A
discussion ensued about a 37 -1/2 hour work week as
opposed to a 40 hour work week. City Manager
Herakovich stated that she believed that if employees were
required to work 40 hours instead of the 37 -1/2 hours per
week that an adjustment in pay would help the morale.
13. Cable Franchise Agreement - Ongoing
14. BellSouth Franchise Agreement - Ongoing. City
Manager Herakovich stated that both items #13 and 14
have been complicated by the Telecommunications Act and
the process is progressing slowly.
15. Recommend Northlake Boulevard/Turnpike
Interchange - Completed.
16. Update Impact Fees for Police and Parks - Completed.
City Council will consider second reading on these
ordinances at a future meeting.
City Manager Herakovich stated that throughout the year, priorities
change and she would bring those changes back to the City Council
for consensus and to have items added to the Goals and Objective
List. Staff requested a workshop on 10/23/97 or 10/30/97
regarding the water supply plan, code enforcement special master
CITY COUNCIL WORKSHOP MEETING, 8/28197
and level of service for fire. It was decided that the City Council
would have a workshop on 10130197. City Manager Herakovich
stated that budget hearings were on 914197 and 9118197 during
regularly schedule meetings. The Palm Beach Gardens Christ
Fellowship Church Public Hearing is on 918197 at Dwyer High
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School at 7:30 p.m. City Manager Herakovich reminded the City
Council that the High Speed Rail meeting was on October 1, 1997,
at the Burns Road Community Center at 10:00 a.m.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:15 P.M.
CITY COUNCIL WORKSHOP MEETING, 8/28/97
APPROVAL
MA*JOSEPH R.RUSSO
e
VICE MAYOR LAUREN FURYADO
COUNCLWOMAN LINDA MONROE
COUNCILM1 ,N E IC JABLIN
I � V
COUNCILMAN DAVID CLARK
ATTEST:
-r
CINDY HARVEY, DEPUTY CITY CLERK
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