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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 2 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 tl 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 4 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 5 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 0 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 7 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. wo 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 11 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 12 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 13 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 15 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 20 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 21 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 22