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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MARCH 4, 1999
The March 4, 1999, Regular 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 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.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
CITY MANAGER REPORT City Manager Herakovich introduced the new Deputy Fire Chief,
• Jerry Cato. The City Manager explained the leaves on the agenda
represented the City Vision and were placed beside each item which
helped accomplish the Vision. City Manager Herakovich reported
notice had been received from FDOT that they agreed with placing
a traffic signal at Military Trail and Gardenia, which would be
funded by BallenIsles. FDOT had also reported no objection to a
northerly alignment of PGA Boulevard in front of PGA National.
Turnpike construction was reported to have been extended but
incentives had been offered to the contractor to complete
construction by July 4. City Manager Herakovich reported the
latest population estimates ranked the City 19th in percentage of
population change, adding 47 -1/2% residents from 1990 to 1998.
Total population was now estimated at 33,824. The City Manager
announced the Florida convention for Elected Municipal Officials
would be held April 16 -18 in Deerfield Beach. The City Manager
passed around pictures depicting glass elevators and the ballfield
openings. City Manager Herakovich asked the City Engineer to
provide an update on environmental cleanup on Gardens park
properties. Mayor Russo welcomed City Attorney Terry Watterson
to the meeting.
CITY COUNCIL REGULAR MEETING, 3/4/99 2
• PRESENTATIONS
Environmental Mitigation City Engineer Lindahl described the contaminated site next to the
soccer field and explained this contamination was not a problem
created by the City, did not have a regional impact, was not a large
industrial dumpsite, and there was no health hazard from fumes.
Research had shown that the contamination was a very common
type of cleaning fluid which had been spilled or dumped onto a very
localized spot. Assessment, designing a cleanup plan, and
implementing the plan was anticipated to take only approximately
three months, working in conjunction with the Department of
Environmental Protection. Investigation would continue to
determine who had created the contamination with the hope of
recovering some of the cost of remediation. The City Manager
explained that the City's first step after the DEP had notified the
City of the contamination in October 1998 was to assure there was
no health hazard. Vice Mayor Furtado requested that any similar
situations in the future be curtained off for 30 days until the site
could be checked.
Land Use Attorney
• Presentations City Attorney Terry Watterson introduced presentations by the
following land use attorneys: Bill Perry from the law firm of
Gunster Yoakley speaking on behalf of Attorney Jim Brindell;
Nancy Stroud of Burk, Weaver and Prell; and Charles Siemen and
Wendy Larson of Siemen, Larson and Marsh. Each provided an
overview of their firm, proposed fees, and how they could help the
City. Attorney Watterson presented information from Alan Watts
of Cobb, Cole and Bell and from Professor Robert Frelich of
Frelich, Lightner and Carlyle, who could not be present at tonight's
meeting.
Construction Manager's
Report Construction Manager Bill Mignogna provided an update on the
Municipal Complex construction. One proposed change order was
pulled for further research.
RE -ORDER AGENDA Motion was made by Vice Mayor Furtado, seconded by Councilman
Clark, to reorder the agenda to consider change orders next.
Motion carried by unanimous 5 -0 vote.
0
CITY COUNCIL REGULAR MEETING, 3/4/99 3
• ITEMS FOR COUNCIL
ACTION:
Municipal Complex
Change Orders Tracking money not spent as a result of change orders was
discussed. The Construction Manager answered questions from the
Council members regarding proposed change orders. Concern was
expressed at the large number of design errors. The City Attorney
reported the construction legal report requested by the City Council
would be presented at their March 18 meeting. The Construction
Manager reported Suffolk was making every effort to address
problems and anticipated both buildings to be complete and ready
to move into by the first week in October.
Councilman Clark made a motion to approve Change Orders No. 5,
21, 24, 25, 26, 27, 28, 29, 31, 33, 34, 35, 36, 39 and 40.
Councilman Jablin seconded the motion. Motion carried by
unanimous 5 -0 vote.
AWARDING OF BIDS
Ballfield Lights at
• Lake Catherine
The City Manager reported a resident who worked for FPL believed
he could get installation of the poles donated. Discussion ensued
on whether to award a bid or wait for FPL.
Councilman Clark made a motion to give the City Manager
authorization to expend up to $29,964.03 for the purpose of
installing the ballfield lights at Lake Catherine with the instruction
that she obtain whatever services can be obtained prudently from
FPL to reduce that cost. Motion was seconded by Councilman
Jablin. During discussion of the motion, Mayor Russo expressed
concern that a lawsult might result from awarding the bid without
knowing the specific value of the FPL donation, requiring the bid to
be negotiated down. Motion carried 3 -2 with Mayor Russo and
Councilman Sabatello voting against the motion.
Mayor Russo reported actions taken regarding a new football
program.
ITEMS BY MAYOR AND
COUNCIL
Vice Mayor Furtado
The Vice Mayor reported the County Commissioner for District No.
1 had pledged $500,000 from her road fund dollars for the
•
Northlake Boulevard improvements, and explained that the $20,000
CITY COUNCIL REGULAR MEETING, 3/4/99 4
IRW amount requested from each municipality had been a figure set so
that a budget could be worked out; however, the project might not
cost that much. Vice Mayor Furtado favored annexation of the less
than ten acre parcel on Northlake Boulevard where the billboard
was located. Vice Mayor Furtado requested research into whether
projects had not been on agendas because the City had not
advertised in a timely fashion.
Councilman Sabatello Councilman Sabatello questioned the status of the proposed
RV/boat storage area for residents. It was the consensus of the City
Council under 3 -2 -3 that this become a priority. Councilman
Sabatello expressed his opinion that the City Attorney's office
should be a part of every issue and questioned why the labor
attorney was not supervised by the City Attorney's office. It was
agreed by 3 -2 -3 that the labor attorney issue would be discussed at
another meeting. Councilman Sabatello recommended that the wish
list which was prioritized by the City Manager be placed on one
agenda monthly. Discussion ensued. Mayor Russo suggested that
the City Council meet more often because there was not time to
accomplish all of the City's business meeting only twice a month.
• Councilman Sabatello reminded the City Council that the City
Manager's review had never been finished.
COMMENTS FROM THE
PUBLIC
Vito De Francisco Vito De Francisco, 1049 Shady Lakes Circle, expressed concern
that a neighbor had a consultant coming to his home business five
days a week. The City Attorney stated he would consult with Mr.
Friedman of Code Enforcement to obtain background information
and offer tips on how to help Mr. De Francisco.
Chuck Jones Chuck Jones, 2416 S. Wallen Drive, expressed concern regarding
flooding at the Gardens Mall which had affected his neighborhood.
The City Manager reported the City Engineer had met the previous
week with Northern Palm Beach County Improvement District and
buildout of the professional center and improvements to Marina
Gardens would help the situation. A third control structure would
be installed by Northern Palm Beach County Improvement District,
which was the responsible parry.
John Parsons John Parsons, 10108 Seagrape Way, questioned whether the City
Council had approved a mailout which had gone out to residents
• regarding the recreational bond issue, the cost for mailing, and the
CITY COUNCIL REGULAR MEETING, 3/4/99 5
• cost to residents for the bond issue. Mr. Parsons expressed his
opinion that residents living in the City should not have to pay for
recreational facilities in other areas and vice versa.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The
motion was seconded by Vice Mayor Furtado and carried by
unanimous 5 -0 vote. The following items were listed on the
Consent Agenda:
1. Approval of Minutes of 1/7/99 City Council Regular Meeting
2. Approval of Minutes of 2/11/99 City Council Regular Meeting
3. Approval of Minutes of 2/18/99 City Council Regular Meeting
RESOLUTIONS
Resolution 12, 1999 Staff recommended denial of the request for blue on the sign already
erected since the development order specified bronze. A staff error
in issuing an improper permit was discussed, and the fact that the
applicant must return with a different sign submittal. Joe Griffin,
agent for the petitioner, agreed the sign was approved in bronze, but
a second sign was allowed a choice of four colors including blue and
red, which were used in the sign. Mr. Griffin stated the owner and
developer did not know that the sign manufacturer had previous
knowledge that the sign color was to have been bronze but had
erected a sign of red and blue. Mr. Griffin requested the sign be
allowed to stand with the red removed, and agreed the interior
building signs would be bronze. Direction to the applicant was to
remove the red from the sign and to make the interior signs bronze.
A standardized sign package for North Corp was recommended.
Councilman Clark made a motion to deny Resolution 12, 1999.
Vice Mayor Furtado seconded the motion. Motion carried by
unanimous 5 -0 vote.
Resolution 32, 1999 Staff recommended approval of Resolution 32, 1999, Consideration
of Appointments to the Education Advisory Board.
Councilman Jablin made a motion to approve Resolution 32, 1999
with insertion in Section 1 of Murtaza Kakli, Ann Berg, George
Mastics, and Charlotte Schiff; and insertion in Section 2 of James
Pennock, Nancy Krause- Laurie and Judith Hanrahan. Councilman
Clark seconded the motion, which carried by unanimous 5 -0 vote.
•
CITY COUNCIL REGULAR MEETING, 3/4/99 6
qW ORDINANCES
Ordinance 12, 1999 City Manager Herakovich explained that Ordinance 12, 1999 -
Providing the Amendment to Chapter 2, Article III Entitled Boards,
Committees and Commissions of the Code of Ordinances would
standardize advisory board terms and recusal for attendance issues.
Councilman Clark made a motion to place Ordinance 12, 1999 on
first reading by title only with the following changes: On page 2 of
Ordinance 12 to correct the double negative, removing the word
"not" from the phrase "no member shall not be eligible "; on page 4,
subpart E to add "shall be removed" after the sentence "Any
member who willfully neglects the State of Florida rules governing
the open meeting laws or Council policy ", and in subpart B to add
"subject to removal by the City Council ": also to correct the
misspelling of "recusal ". Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 12, 1999 on first reading by title only.
Ordinance 13, 1999 Councilman Clark made a motion to place Ordinance 13, 1999,
Providing for Amendments to Chapter 2, Division 3 of the Code of
Ordinances Entitled "Education Advisory Board) on first reading
by title only. Councilman Jablin seconded the motion, which carried
by unanimous 5 -0 vote. The City Clerk read Ordinance 13, 1999 on
first reading by title only.
Ordinance 14, 1999 Councilman Clark made a motion to place Ordinance 14, 1999- -
Providing for Amendments to Chapter 106, Article II of the Code
of Ordinances Entitled "Art" Providing for Amendment to Section
106 -28 Entitled "Art Advisory Committee (AAC) on first reading
by title only. Councilman Jablin seconded the motion, which carried
by unanimous 5 -0 vote. The City Clerk read Ordinance 14, 1999 on
first reading by title only.
Ordinance 15, 1999 Councilman Clark made a motion to place Ordinance 15, 1999- -
Providing for Amendments to Chapter 2, Article III, Division 3,
Entitled "Beautification and Environmental Committee" on first
reading by title only. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 15, 1999 on first reading by title only.
ITEMS FOR COUNCIL
ACTION
Contract Amendment City Manager Herakovich advised staff recommended amendment
• to the agreement with O'Donnell, Maccarato & Mignogna, Inc., for
CITY COUNCIL REGULAR MEETING, 3/4/99 7
• construction management services.
Councilman Clark made a motion to approve the staff
recommendation to amend the agreement with O'Donnell,
Maccarato & Mignogna, Inc., for construction management
services. Councilman Jablin seconded the motion, which carried by
unanimous 4 -0 vote.
ITEMS FOR DISCUSSION
Northlake Boulevard Study Principal Planner Kim Glas Castro advised one of the
recommendations of the Western Northlake Boulevard Study was
to enter into an interlocal agreement between the City, Palm Beach
County, and the City of West Palm Beach; provided an update on
the effort to draft the interlocal agreement; and explained that all
three entities had approved resolutions which acknowledged the
Western Northlake Corridor Study as a planning tool and policy
guide. The City Council agreed to cooperate with the other entities
in this effort.
City Landscaping
Maintenance Standards City Forester Mark Hendrickson reviewed the proposed
• maintenance standards, which were more specific than those in the
City code, and proposed these standards be adopted by resolution
and placed in a handbook format which could be used by Code
Enforcement. The City Forester explained these standards would
not apply to single family or duplex homes. Different types of
mulch were discussed.
CITY ATTORNEY
REPORT
Lawsuit Settlements City Attorney Watterson reported two cases, Farrell v. City of Palm
Beach Gardens, and Mawhinney v. City of Palm Beach Gardens,
had been settled, but the City was required to hear public comments
regarding these cases. Mayor Russo declared public comments
open. Hearing no comments from the public, Mayor Russo declared
the public comments closed. The City Attorney advised no further
action was required.
The City Council discussed selection of a land use attorney from the
presenters at tonight's meeting. Attorney Watterson reviewed the
policy of his firm in overseeing City matters, stressed the importance
of upgrading Growth Management staff in order to avoid future
litigation, and gave his opinion regarding the candidates for the land
• use attorney.
CITY COUNCIL REGULAR MEETING, 3/4/99
0
Nancy Stroud of Burk, Weaver and Prell was selected as the
preference for land use attorney.
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the
meeting was a ' ed a 1:3 m.
APPROVAL:
A fOS Ol- II.RUSSO
1�kA
u 4 •' LAUREN FURTAD81
C IRMAN PK TE RIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILM CARL SABATELLO
ATTEST:
tW��VA7V. OSIER, CMC, CITY CLERK