HomeMy WebLinkAboutMinutes Council 082699•
0
CITY OF PALM BEACH GARDENS
CITY COUNCIL
WORKSHOP MEETING
AUGUST 26, 1999
The August 26, 1999, Workshop 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; and opened with the Pledge of Allegiance to the Flag.
ROLL CALL The City Clerk called the roll and the following elected officials
were found to be in attendance: Mayor Joseph R. Russo, Vice
Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David
Clark and Councilman Carl Sabatello.
ITEMS FOR DISCUSSION
Canal Right -of -Way
Maintenance
Mayor Russo expressed regret that a threatening letter had been
received which had resulted in a police investigation. It was the
consensus of the City Council not to hear public comments on this
issue. City Engineer Lindahl commented on drainage and flood
control for the whole community affected by the Thompson River
canal, compliance with governmental regulations, and described
components necessary to improve any canal system. The City
Engineer described land dedicated as right -of -way, reported he had
checked with Wellington village officials regarding their dredging
procedures, and stated he had provided a report as a result of
investigating policies and procedures of municipalities, utilities,
water control districts, and development districts. During
discussion of hydraulics, canal improvements adjacent to RCA
Boulevard were described, and water flow at bridges was compared
to traffic situations. Mr. Lindahl reported that Wellington's canal
maintenance was done from access platforms, and not from a
dredge as had been reported. The City Engineer reported that the
proposed mitigation items were accomplishable. The City
Engineer's recommendation was to utilize the right -of -way to
restore the Thompson River canal capability to provide drainage
and flood control, and to provide for continuous maintenance. Vice
Mayor Furtado suggested that since the configurations of individual
lots were so different that each be worked with individually.
CITY COUNCIL WORKSHOP MEETING, 8/26/99 2
• Councilman Sabatello expressed his position that everything in the
right -of -way needed to come out, discussed placement of fencing
and favored a signed agreement with each property owner. Vice
Mayor Furtado expressed concern that proper setbacks might not
remain and requested a meeting with residents or to let them speak
later in the meeting. Councilman Sabatello expressed his opinion
that tolerances must be established, and favored a plan to buffer the
east side of the canal where there were no homes. Mayor Russo
summarized comments so far: to go ahead with staff
recommendation on the platform, that everything in the right -of-
way must come down, and meet with each homeowner regarding
mitigation. Councilman Sabatello favored establishing criteria for
staff to follow. Vice Mayor Furtado commented the City should
have followed standards they set for others and should do so in the
future, and should always conduct tree surveys and environmental
studies before beginning projects. Bob Patty explained the
construction schedule timing and named some large tree species
which could not be relocated, but stated that fruit trees could be
relocated. Mr. Patty commented that mitigation would cost
additional time and money and requested discussion regarding how
• that cost would be handled. Mayor Russo expressed his opinion
that it would worth it to spend more to minimize the impact to
residents. The Vice Mayor suggested that the Public Information
Officer coordinate with residents, which the Mayor and other
members of the Council felt should be discussed with the City
Manager. The Vice Mayor requested that the City not cite residents
for placing grass clippings into the canal if the City mowers along
the access platforms would be shooting clippings into the canal.
During discussion of establishing standards it was requested that the
City Forester prepare a list of moveable and non - moveable trees.
Carol Parkola, 3861 Dogwood, asked what would be done about
sprinkler systems, to which the response was that sprinkler systems
would be put back within a week to two weeks.
Bob Patty listed the proposed mitigation items: Pulling up fence
posts, rolling up chain link fencing, replacing it, foratam sod on the
platform if residents were willing to irrigate it, relocation of smaller
fruit trees or desirable species which were readily moveable,
removal and replacement of all irrigation suction lines after the
platform was completed, pulling out docks and placing material in
the yard if the resident desired. Councilman Sabatello pointed out
• difficulties with providing the different mitigation items, and
CITY COUNCIL WORKSHOP MEETING, 8/26/99 3
expressed his opinion that the area where the mistake had been
made should be handled differently from the rest of the canal,
which should follow established criteria. Consensus was to have
Bob Patty come back at next week's meeting to state what he
believed he could accomplish. Mayor Russo commented he
believed irrigation must be undertaken, and requested that Mr. Patty
provide a cost figure for everything that must be accomplished.
Karen Ray, 9820 Dogwood, commented she had lived there for 14
years and that in the early years the water was lowered before
storms, which had not been done during the past few years. City
Engineer Lindahl commented that South Florida Water
Management no longer had that policy because of problems in
releasing too much fresh water into Lake Worth and that they did
not want to lose fresh water.
Don Bal, 3784 Dogwood, questioned whether the City Engineer
had visited the canal since his graphic did not depict actual
conditions; commented water would not go through bridge areas
any faster if the canal was wider; questioned why platforms were
• needed on both sides, commented that plant root systems helped
hold water in and prevent erosion, and expressed concern that
removing vegetation would cause erosion. Mr. Lindahl responded
he had visited the canal and the graphic had been made to discuss
hydraulics, that bridges presented a restriction which required a
greater amount of energy to move the water through, that platforms
were needed on both sides for access to outfalls, and that sod root
structures would prevent erosion, with bahia being better than
floratam.
Bertha Hollich, 9926 Dogwood, thanked the City Council for
coming to her home, commented utility easements were different
on the different properties and asked what would be done if fences
were required to be moved to a certain area and that happened to be
on a utility easement. Ms. Hollich questioned whether a second
opinion had been obtained from someone completely outside the
City regarding the type of operation. Mr. Patty reported the utility
companies would work with the City regarding easements. The
City Engineer commented some engineers might have different
opinions regarding platforms on two sides or one, but that he would
be very surprised if anyone would offer an opinion to do anything
less than what was proposed.
0
•
CITY COUNCIL WORKSHOP MEETING, 8/26/99
4
Grant King, 631 Riverside, commented his back yard was only 12'
wide, and questioned whether any studies had been done as to
whether bridges would withstand the impact of added water
volume. Mr. King asked whether South Florida Water
Management's practice of not releasing fresh water would render
the project useless. Mr. King also asked how the dredged soil
would be disposed of and whether the river bottom had been tested
for contaminents. Mr. King requested a presentation by an outside
firm to provide a second opinion. Mr. Lindahl explained that there
would not be increased water flow and that bridges would
withstand the water flow; the dredged soil would be removed by
trucks; and samples taken from the river bottom had contained no
heavy metals or contaminents.
William Lawry, 1051 Bedford, Lake Catherine, questioned what
other methods had been considered. Mr. Lindahl explained that
hydraulic dredging required handling material 2 -3 times, a
permanent site was needed for a containment area, there were
dewatering issues and that it was more costly.
Zola Hartman, 10174 Dogwood, commented everyone was in
agreement that the canal needed to be cleaned and the flood issue
addressed, but the real problem with the flooding had been that
water management personnel had not believed what they saw on
their gauges and therefore did not open the gates, which meant that
gates in other parts of the area could not be opened. Water
Management personnel had advised Ms. Hartman that since the
January flood new guages and sensors had been installed to open
the gates at 45th Street and Blue Heron Boulevard. Ms. Hartman
explained she was also told that snook fisherman tinkered with
gauges to produce false readings, which needed to be addressed.
Ms. Hartman stated she had brought a video to show that the
Thompson River flowed at flood time. Ms. Hartman stated she still
did not understand why dredging was not possible and believed it
would be less costly in the long run and less intrusive, and it could
all be over in a month. Ms. Hartman requested a second opinion
regarding dredging, asked what the FEMA compliannce
requirements were, asked whether the common areas of the City did
not belong to the taxpayers, aked why since three bids were
required on jobs that there had not been a second or third opinion
on this job. Ms. Hartman commented that the City was in a lawsuit
because a roan had cut down trees and now the City had cut down
her trees, which were irreplaceable. Mayor Russo responded that
CITY COUNCIL WORKSHOP MEETING, 8/26/99 5
guages had not caused the flooding, that rain had caused the
flooding. Mr. Lindahl explained that the gauge on S -44 during the
January 2 storm was an automatic operating rain gauge and it had
been subsequently proven that the gauge was not recording rainfall
in the appropriate quantities. Mr. Lindahl explained that 31 inches
of rain in an 8 -hour period was orignally reported , which was
corrected the next day to 18 inches; however, according to South
Florida Water Management, that had nothing to do with the gates
opening, which had been done according to their protocol.
Roger Blangy, 11658 Hemlock, questioned whether something
would be done regarding drainage in his neighborhood, to which
the Mayor responded affirmatively but stated that would be
addressed at another meeting, and recommended a joint meeting
with Mr. Blangy and all his neighbors to discuss the issue.
James E. Lee, 4301 Hawthorne, Garden Woods, commented the
flood had been a once in a lifetime event and was appalled that
hundreds of homes were flooded and there was concern with only
13 homes. Mr. Lee requested that the project proceed.
Jack Tare, 3761 Dogwood, commented the City was now trying to
get back land it had lost due to neglect by Public Works. Mr. Tare
questioned starting from the top rather than the bottom, bids on the
dragline, what happened to the money which was supposed to have
gone for maintenance of the river over the years, and commented
that no matter what the people said nothing was changed. Mayor
Russo commented water flow had been explained, the bid process
had been discussed, and the money spent on canal maintenance
over the years was in the budget.
Alan Adams, 9614 Cypress Street, commented he lived at the
juncture of the Earman River and the Thompson River and
expressed concern that without changing the level to which Lake
Catherine could rise during a storm that flooding from the lake
could not be stopped. Mr. Adams expressed concern that opening
up the flow rate in the Thompson River and the Earman River with
the same level of rainfall would increase the flow rate into Lake
Catherine, which would make the water level worse than before.
Mr. Adams recommended Lake Catherine people to sit in
conference with the City Council to fmd out what the City intended
• to do about working with the South Florida Water Management
District to snake sure what they did would drain the lake in times
CITY COUNCIL WORKSHOP MEETING, 8/26/99 6
• of flood. Mr. Lindahl explained that resolutions had been sent
from the City, Northern Palm Beach County Improvement District,
Palm Beach County, Riviera Beach, and West Palm Beach to South
Florida Water Management District 3 -4 months ago to either equip
a third gate on S -44 to handle flooding or get a C -17 restudy to
handle potential flooding in that basin by diverting water back
further inland for storage; and that South Florida Water
Management was expected to take action shortly on this issue. Mr.
Lindahl stated that Mr. Adams comments were valid.
Shane Madson, 9972 Dogwood, questioned what would happen at
the spillway, and commented that on RCA the culvert had been
replaced with a larger one but the canal behind it had not been made
deeper. Mr. Lindahl explained water flow.
Zelaida Valdes, a 20 -year resident of 10056 Dogwood, commented
that the canals used to be cleaned the old way and it was not fair
that residents had to conform and that another way of dredging
would be more cost effective. Mr. Lindahl responded that another
way would be more costly.
• Consensus of the City Council was to go ahead with the project and
to consider a policy at the next meeting. Vice Mayor Furtado stated
she had asked for a safety report regarding access to the platforms
behind homes, and had been told that a gate would be placed at the
end so that access would be limited.
City's 40th Birthday
Celebration Sue Miller, Parks and Recreation Director, presented a proposal for
consideration. It was agreed to check on providing free hot dogs,
birthday cake and punch
Engineering Fees Vice Mayor Furtado provided copies of a 1996 study which
addressed in -house engineering as well as the minutes of the
meeting pertaining to that study. Mayor Russo stated he would be
happy to start discussion but did not want to make a decision on in-
house engineering until input from the new City Manager could be
obtained; and related a bad experience with in -house engineering in
another City because quality personnel could not be found for the
dollars that could be paid. Mr. Lindahl explained that recruiting
new personnel was difficult; that a $75,000 salary would attract
competent personnel; that transition to in -house engineering would
be difficult at this time because of complex issues which would not
CITY COUNCIL WORKSHOP MEETING, 8/26/99 7
be resolved for several months; and that current fees were not out
of line. Councilman Sabatello questioned whether a staff of three
would be sufficient with upcoming growth, to which Mr. Lindahl
responded that at times there were five people from his firm
working on project reviews and that his firm could provide more
people to work on projects as needed. Discussion ensued. Mr.
Lindahl explained that he and Growth Management Director
Manning had discussed personnel resources and he had indicated
that one person from his company would be accessible to her for
constant contact for reviews when space for an office at City
facilities was available. Mr. Lindahl expressed his desire to
continue to work with the City and advised that more than one
engineer and more than one expertise were needed, and that the
City was growing and costs would not go down but would continue
to rise in the future. It was agreed to revisit this issue at a later date.
Mr. James Lee commented there was a lot of talent available with
Pratt Whitney engineers who did not want to move.
Art Advisory Committee Consensus of the City Council was to treat the Art Advisory
Committee with the same rules as other advisory committees,
which would require members to live within the City of Palm
Beach Gardens. City Attorney Post commented that the real issue
was that continuity would be lost regarding the present Board's
vision for the Municipal Complex, and suggested that a special task
force be appointed for a limited time only, without a residency
requirement, to advise on art for the Municipal Complex, and allow
the present members of the board to participate. The City Council
agreed that the City Attorney's suggestion was an excellent
resolution to the problem.
•
CITY COUNCIL WORKSHOP MEETING, 8/26/99 8
• ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the
meeting was*joymey�at 1f 18 p.m.
APPROVAL:
RUSSO
VICE Mev"R --T "TUFN FURT
COUNCILMAN'DAVID CLARK
COUNCILMANWARL SABATELLO
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK