HomeMy WebLinkAboutMinutes Council 091802CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 18, 2002
The September 18, 2002 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark,
Councilmember Russo, and Councilmember Delgado.
ADDITIONS, DELETIONS, MODIFICATIONS:
Councilmember Clark made a motion to move item D under public hearings, the budget
hearings, in front of item A. Councilmember Delgado seconded the motion, which carried
by unanimous 5 -0 vote.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Delgado reported she had attended the 9/11 ceremonies in New York where
her sister had received the national Top Cop award. Councilmember Russo reported he had
attended the school magnet Board of Directors meeting and believed the City should become
involved in the proposal to do away with the magnet program and use the dollars for career
academies, to which he was opposed, since that would hurt Palm Beach Gardens High
School. Mayor Jablin indicated he would invite the School Board members to come to a
workshop with the City Council, and if they would not attend a meeting he would go to them.
Councilmember Delgado reported School Board Chairman Tom Lynch was eager to work
with the City. Councilmember Russo reported he and Councilmember Delgado had attended
a meeting for the Honda Classic and that Ms. Steinbacher from the Chamber of Commerce
would be handling the marketing. Councilmember Russo had requested the County
Commissioners provide names of five businesses that would pay for boxes or ads advertising
this event, and asked the City Council to also provide five names. Growth Management
Director Charles Wu reported the first draft of the ordinance to change the requirements for
special events was ready. Mayor Jablin reported he had attended the meeting of the Blue
Ribbon Committee and at their next meeting they planned to finalize their recommendations
to the City Council, and soon would be making their first recommendation regarding
drainage to the City Council.
CITY MANAGER REPORT:
Agreement with FDOT for receiving Highway Safety Grant Funds for the Police
Department's Aggressive Driving Project — Police Chief FitzGerald introduced Lt. Glenn
Brown, who would be supervising this project. Lt. Brown provided a presentation on Project
Radical Change. Intensified enforcement was being provided on roadway construction
corridors. Resident Sam Carsillo commented the Police Department was doing a good job
and wanted to know if there were any unmarked cars to slow traffic. Response was that there
were unmarked cars available, but other methods were being used. Mr. Carsillo requested
that the officers receive an incentive based on the amount of tickets they wrote. Mayor Jablin
indicated the city received a portion of each ticket, and complimented Lt. Brown on his work.
Agreement with FDOT for receiving_ HighwaSafety Grant Funds for the Department of
Public Works Computerized Sign _System Project — Jack Doughney introduced employees
responsible for obtaining the grant. Mike Morrow, Public Works Operations Director,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 2
provided a presentation explaining the project.
Ra ip'd Response Team - Sheryl Stewart, Assistant to the City Manager, described the
responsibilities of the Rapid Response Team and their plans and accomplishments to date.
COMMENTS FROM THE PUBLIC:
Sam Carsillo spoke regarding congestion around schools.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the consent agenda as submitted.
Councilmember Delgado seconded the motion. Motion carried by unanimous 3 -0 vote (2
members were away for the vote). The following items were approved:
CONSENT AGENDA:
a. Consideration of approving Minutes from the September 4, 2002 Regular
City Council Meeting.
b. Resolution 165, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, providing for the approval of an agreement for
engineering services with the firm of LBFH, Inc. for the fiscal year
commencing October 1, 2002 and ending September 30, 2003; authorizing
the Mayor and City Clerk to execute said agreement; providing for conflicts;
providing for severability; and providing for an effective date.
C. Resolution 138, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, awarding a "Piggyback" contract for canal
restoration and maintenance services to Murray Logan Construction, Inc.
providing for conflicts; providing for severability; and providing for an
effective date.
d. Resolution 147, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, approving the "Piggyback" lease - purchase of one
ALTEC Bucket Truck and one ALTEC Diesel Chipper; providing for
conflicts; providing for severability; and providing for an effective date.
e. Resolution 162, 2002 - A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, approving modification #1 to UNMET needs
agreement number 03UN- 6Q- 10 -60 -15 -191 with the Department of
Community Affairs for plat 4 drainage improvements; authorizing the Mayor
to execute said modification; providing for conflicts; providing for
severability; and providing for an effective date.
f. Resolution 163, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, approving the renewal of Blue Cross Blue Shield of
Florida, policy number 91062 for fiscal year 2002/2003. Providing for
conflicts; providing for severability; and providing for an effective date.
g. Resolution 164, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, approving the renewal of Jefferson Pilot Group
dental policy number D007862 for fiscal year 2002/2003. Providing for
conflicts; providing for severability; and providing for an effective date.
h. Resolution 160, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, approving a budget revision to reflect a Law
Enforcement Block Grant from the Department of Justice and allocating
matching funds; providing for conflicts; providing for severability; and
providing for an effective date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 3
i. Resolution 168, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, accepting the proposal from Staffing Connection and
Action Labor to provide School Crossing Guard services and authorizing the
Mayor and City Clerk to execute an agreement; providing for conflicts;
providing for severability; and providing for an effective date.
j. Resolution 167, 2002 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, providing for approval of a three -month time
extension or an extension until the city council takes a final action on the
pending PCD amendment to the BallenIsles PCD, whichever occurs first, for
the BallenIsles temporary sales center located on the west side of BallenIsles
Drive approximately 700 feet south of PGA Blvd., in the BallenIsles Planned
Community Development; providing for conflicts; providing for severability;
and providing for an effective date.
Councilmember Russo commented the engineering was being renewed with only a cost of
living increase. City Manager Ferris commented the principal's rate did not increase at all.
PUBLIC HEARINGS:
Resolution 151, 2002 —A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, adopting a tax levy and millage rate for the City of Palm Beach Gardens for the
fiscal year commencing October 1, 2002 and ending September 30, 2003; directing the City
Clerk to forward a certified copy of this resolution to the Property Appraiser and Tax
Collector within three (3) days after its adoption; providing for conflicts; providing for
severability; and providing for an effective date.
AND
Ordinance 34, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, adopting a budget for the City of Palm Beach Gardens for the fiscal year
commencing October 1, 2002 and ending September 30, 2003; providing for conflicts;
providing for severability; and providing for an effective date — for consideration of second
reading. Finance Director Allan Owens provided the budget presentation. The millage rate
recommended to be adopted was 6.25 mills, which exceeded the roll back rate of 5.2752.
Mr. Owens recommended adoption of Resolution 151, 2002 and Ordinance 34, 2002. City
Manager Ferris reviewed changes that had been made in order to reduce costs. Mr. Owens
reviewed an analysis regarding possible cost savings that could be realized with an in -house
attorney, which was discussed. Councilmember Russo requested information regarding other
cities. City Attorney Rubin provided information regarding costs in Wellington. Mayor
Jablin declared the public hearing open for Resolution 151, 2002 and Ordinance 34, 2002.
Sam Carsillo asked for the status of the golf course, which was provided by staff. Mr.
Carsillo recommended that projects not making money be dropped. Julia Byrd, Daffodil
Circle, questioned caller ID and cell phone charges, to which staff responded cell charges
were being analyzed and there was no extra charge for caller ID. Ms. Byrd questioned the
Public Works personnel charges, to which staff responded, and Ms. Byrd expressed her
opinion that the golf course should be made to work. Councilmember Clark announced the
City of Palm Beach Gardens was proposing to adopt a final millage rate of 6.250, which
exceeded the roll back rate of 5.2752 mills by 11.97 %. Councilmember Clark moved
approval of Resolution 151, 2002 which set the final millage rate for fiscal year 2002 -2003 at
6.250. Councilmember Delgado seconded the motion. Vice Mayor Sabatello indicated he
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 4
was comfortable with the budget and would support it, and commended staff on the budget
process used this year. Motion carried by unanimous 5 -0 vote. Councilmember Clark made
a motion to place on second reading by title only and to approve Ordinance 34, 2002.
Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 34, 2002 on second reading by title only.
Ordinance 14, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned
Community District (PCD) (formerly known as Golf Digest) by amending a condition for
CPTED principles; adding a condition requiring a mechanism for rear yard access; and
amending the PCD Master Plan to reflect a lake reconfiguration for the Mirasol PCD, as
more particularly described herein; providing for an additional condition of approval;
providing for a waiver; providing for severability; providing for conflicts; and providing for
an effective date — for consideration of second reading and approval. Senior Planner Edward
Tombari presented the project history. Mayor Jablin declared the public hearing open.
Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Vice Mayor Sabatello announced his company was a home builder in Mirasol but that this
ordinance would not benefit his company. Councilmember Clark made a motion to place
on second reading by title only and approve Ordinance 14, 2002. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance
14, 2002 on second reading by title only.
Ordinance 17, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for an amendment to the City Code of Ordinances by amending Chapter
78, "Land Development," Article IV, "Zoning Districts," Section 78- 159(67), "Temporary
Mobile Homes," creating a new Section 78- 159(70), "Temporary Trailers," and amending
Article VIII, Section 78 -751, "Definitions;" providing for codification; providing for
conflicts; providing for severability; and providing for an effective date — for consideration of
second reading and approval. Planner Jackie Holloman presented proposed changes to the
ordinance. Mayor Jablin declared the public hearing open, held on the intent of Ordinance
17, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. Councilmember Clark made a motion to place on second reading by title only and
approve Ordinance 17, 2002. Councilmember Delgado seconded the motion, which carried
by unanimous 5 -0 vote. The City Clerk read Ordinance 17, 2002 on second reading by title
only.
Ordinance 16, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for the approval of an application for a rezoning of an approximately 9.42 -
acre parcel of land from Planned Development Area (PDA) to a Planned Unit Development
Overlay Zoning District (PUD) with a underlying Public /Institutional (P /I) zoning, to be
known as `GATT School," by approving the construction of an approximately 50,203
square -foot private school with gymnasium, football field, and track, located on the north
side of Hood Road, west of the Interstate 95 overpass and east of the Ronald Reagan
Turnpike overpass, as more particularly described herein; providing for waivers; providing
for conditions of approval; providing for severability; providing for conflicts; and providing
for an effective date — for consideration of second reading and approval. Senior Planner Kara
Irwin presented the project and answered questions from the City Council. Mayor Jablin
declared the public hearing open, held on the intent of Ordinance 16, 2002. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 5
Sabatello indicated he was not comfortable with the black chain link fence around the lakes
and therefore would not vote for this project. Growth Management Director Wu explained
the fence was for safety of school children attending this site and it would not be a standard
for drainage lakes within the City in the future. Councilmember Clark made a motion to
place on second reading by title only and approve Ordinance 16, 2002 with language in
paragraph 7 on page 3 to be revised as follows: "In the event that the City determines, in its
sole discretion, that through traffic along Hood Road is being blocked" and to continue that
paragraph as is; paragraph 11 on page 3 to change the first phrase to read, "within 6 months
of the effective date of the site clearing permit; and in paragraph 15 to change the beginning
phrase to read: "Prior to the issuance of the first building permit the applicant shall submit
plans ". Councilmember Delgado seconded the motion, which carried by 5 -0 vote. The City
Clerk read Ordinance 16, 2002 on second reading by title only.
Ordinance 32, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for approval of a rezoning from Planned Development Area to Planned
Community District Overlay with an Underlying Zoning of Residential Low Density and
Master Plan of the Old Palm Golf Club Planned Community Development with 333 Single
Family Residential units, Golf Course, Clubhouse, Sales Center, Maintenance Facilities, Golf
Academy, and Three Practice Holes on approximately 651 acres generally located at the
northwest corner of PGA Blvd. and Central Blvd.; providing for waivers; providing for
conditions of approval; providing for conflicts; providing for severability; and providing for
an effective date — for consideration of second reading and approval. Senior Planner Edward
Tombari indicated that the only changes were two additional proposed conditions to address
construction entrance issues. In the first condition presented, Mr. Tombari read into the
record additional language that after "construction vehicles" in the last sentence, "and /or
service vehicles" would be added. Mr. Tombari pointed out an area that the applicant wished
to use as a construction entrance, an area of parcel "d" to be used for construction and service
vehicle staging, and an additional entrance for construction which would be eliminated after
6 -9 months. The City Council indicated they were comfortable with the changes. Mayor
Jablin declared the public hearing open, held on the intent of Ordinance 32, 2002. Hearing
no comments from the public, Mayor Jablin declared the public hearing closed. The
applicant confirmed the wall would be extended to 117`h Street within the first six months of
construction. Councilmember Clark made a motion to place on second reading by title only
and approve Ordinance 32, 2002 with the additional conditions of approval provided in
writing by staff and the amendment as read into the record adds the phrase "and /or service
vehicles" to the last sentence of the first additional condition . Councilmember Delgado
seconded the motion, which carried by 5 -0 vote. The City Clerk read Ordinance 32, 2002 on
second reading by title only.
RESOLUTIONS:
Resolution 161, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, approving a contract with Preferred Government Insurance Trust for Workers
Compensation and Property /Casualty Insurance for Fiscal Year 2002/2003, authorizing the
City Manager and City Clerk to execute said contract; providing for conflicts; providing for
severability; and providing for an effective date. Finance Director Allan Owens provided a
presentation of the insurance programs available. Insurance company representative Kirk
Hammond answered questions from the City Council. Councilmember Clark made a motion
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 6
to approve Resolution 161, 2002. Motion was seconded by Councilmember Delgado and
carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 36,2002- An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, relating to roadway beautification; amending the City Code of Ordinances by
amending chapter 62, "Streets, Sidewalks, and certain other public places," To create a new
section 65 -215, "Landscaping and Maintenance in public road right -of- way," and amending
chapter 78, "Land Development," Article V, "Supplementary District Regulations," Division
7, "Landscaping," Section 78 -324, "Landscaping in public road right -of- way," And Division
9, "Subdivisions," section 78 -488, "Frontage on improved streets," and section 78 -498,
"Road surfacing and Improvements," providing for codification; providing for conflicts;
providing for severability; and providing for an effective date — for consideration of first
reading. City Forester Mark Hendrickson presented the roadway beautification plan.
Councilmember Clark moved that Ordinance 36, 2002 be placed on first reading by title
only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 36, 2002 on first reading by title only.
Ordinance 35, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, amending Chapter 50 of the Code of Ordinances, "Police," Article III, "Police
Officers Retirement Trust Fund," section 50 -120, "Separation from Service," and section 50-
152, "Amounts payable upon election to participate," to include buy back contributions in the
amount refunded to those not eligible to retirement benefits and to revise the method in
which payments to the deferred retirement option plan earn interest; providing for
codification; providing for conflicts; providing for severability; and providing for an
effective date. Finance Director Allan Owens presented the proposed amendments.
Councilmember Clark moved that Ordinance 35, 2002 be placed on first reading by title
only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 35, 2002 on first reading by title only.
Ordinance 38, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, revising Chapter 86 of the City Code of Ordinances, "Buildings and Building
Regulations," by amending Article II, "Standards," Section 86 -26, "Building Code Adopted;
Permit Fees," and Section 86 -27, "Trade Codes Adopted," to adopt the Florida Uniform
Building Code, provide for the adoption of building permit fees and charges by resolution
and clarify provisions relating to the stay of code enforcement proceedings for housing code
violations; providing for codification; providing for conflicts; providing for severability; and
providing for an effective date. City Attorney Rubin presented the revisions.
Councilmember Clark moved that Ordinance 38, 2002 be placed on first reading by title
only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 38, 2002 on first reading by title only.
ITEMS FOR COUNCIL ACTION:
Councilmember Delgado announced that the Florida Association of Realtors had elected her
to be the key legislative contact to House Representative Carl Domino.
ITEMS FOR DISCUSSION:
Military Trail Grants Pilot Program — Growth Management Director Charles Wu presented a
proposed pilot program which would pay 50% of the cost for exterior improvements for
homes along Military Trail. Some of the concerns expressed were in singling out a specific
area and that the City should meet with the neighbors. Mr. Wu explained that $10,000 had
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 7
been budgeted. Councilmember Delgado reported South Florida Water Management District
had funds available for restoration work. Councilmember Russo expressed concern in
awarding people for not maintaining their property throughout the City at the expense of
those who did; but indicated he could justify this area because of the road widening.
Councilmember Clark agreed. Staff was requested to provide information regarding how
many of the homes were rentals and how many residents still lived there who lived there
when the road was widened. Staff was directed to keep the program to Military Trail since it
was a major thoroughfare and to limit the program to homestead property. Councilmember
Clark noted that $10,000 was not much, and the Mayor clarified this was all City money.
CITY ATTORNEY REPORT:
Traffic Performance Standards Ordinance Update — City Attorney Rubin indicated he had
provided the Council with a memo regarding this matter. Attorney Rubin asked if the City
wanted representation at a meeting of the County Commission on September 24 in support of
consideration of a language change to add municipalities back into the corridor master plan.
Discussion ensued. The City Manager reminded the City Council that they had sent a letter
in support of this issue. Mayor Jablin invited all those interested to attend another meeting in
the Council Chambers on September 25 where this matter would be discussed.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 s
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately
10:00 P.M.
APPROVAL:
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