HomeMy WebLinkAboutMinutes Council 031998CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MARCH 19, 1998
The March 19, 1998, Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order at 7:30 p.m. by
Mayor Joseph R. Russo in the City 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 following elected officials were found to be in attendance: Mayor
Joseph R. Russo, Vice Mayor Lauren W. Furtado, Councilwoman
Linda Monroe, Councilman Eric Jablin and Councilman David Clark,
who was available by speaker phone.
RESOLUTIONS Vice Mayor Furtado made a motion to approve Resolution 25, 1998 -
Declaring the Results of the City's General Election held March 10,
1998, to fill the Group 2 and Group 4 Seats. Councilman Jablin
seconded the motion which unanimously carried by 5 -0 vote.
0 ADMIMSTRATION OF
OATHS OF OFFICE Councilwoman Monroe, outgoing City Council member, made
remarks regarding accomplishments by the City Council during the
past 18 years she had served on the Council and gave each of the
other City Council members gifts of appreciation consisting of
individualized refrigerator magnets with appropriate poems. The City
Council members thanked Councilwoman Monroe for her contribution
to the City during her term in office.
Judge Walter N. Colbath, Jr. made remarks concerning the City
Council's representation of the people, and administered the Oath of
Office to Joseph R. Russo and Carl Sabatello to fill Seats 2 and 4
respectively, which terms of office expire March 2001.
ROLL CALL The following elected officials were found to be in attendance: Mayor
Joseph R. Russo, Vice Mayor Lauren W. Furtado, Councilman Eric
Jablin, Councilman David Clark, who was available by speaker phone,
and Councilman Carl Sabatello.
REORGANIZATION 1. Councilman Jablin made a motion to appoint Joseph R. Russo as
Temporary Chairman to elect Mayor and Vice Mayor. Motion
was seconded by Lauren W. Furtado and carried by unanimous 5-
0 vote.
• CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 2
2. Councilman Jablin made a motion to appoint Joseph R. Russo as
Mayor for the coming year. Motion was seconded by Lauren W.
Furtado and carried by unanimous 5 -0 vote.
Councilman Jablin made a motion to appoint Lauren W. Furtado
as Vice Mayor for the coming year. Motion was seconded by
Councilman Carl Sabatello and carried by unanimous 5 -0 vote.
3. Vice Mayor Furtado made a motion to appoint Councilmember
Eric Jablin as Chairman Pro Tem in absence of both the Mayor
and Vice Mayor. Motion was seconded by Councilman David
Clark and carried by unanimous 5 -0 vote.
4. Chairman Pro Tem Jablin made a motion to approve Resolution
26, 1998 - Appointment of Mayor and Vice Mayor. Motion was
seconded by Vice Mayor Lauren W. Furtado and carried by
unanimous 5 -0 vote.
5. It was the consensus of the City Council that Councilman
Sabatello replace Councilman Clark as Liaison to the Planning and
Zoning Commission; and that Chairman Pro Tem Jablin remain as
Liaison to the Art Advisory Committee. Vice Mayor Furtado
suggested that the Art Advisory Committee be expanded to
include performing arts, to which Mayor Russo responded that
research would need to be done regarding the ordinance and then
this item revisited. The following Liaisons were appointed:
Beautification Committee - Councilman Clark; Code Enforcement
- Councilman Sabatello; Economic Advisory Group - Mayor
Russo; Education Advisory Board - Chairman Pro Tem Jablin,
Loxahatchee Council of Governments - Councilman Clark;
Municipal League - Mayor Russo; NAMAC - no appointment;
North County Planning Forum - Councilman Clark; Parks and
Recreation - Vice Mayor Furtado; Northlake Boulevard Task
Force - Vice Mayor Furtado; P.B.C. Metropolitan Planning - Vice
Mayor Furtado.
COMMENTS BY MAYOR Mayor Russo stated the City was growing in the right direction and
made comments regarding the great quality of life in the City. Mayor
Russo complimented the two candidates who ran in the recent election
for conducting a great campaign. The Mayor detailed future projects
• and asked the City Council to work harder to bring the City together
as one City.
0 CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 3
CITY MANAGER REPORT City Manager Herakovich recommended that Palm Beach Gardens
High School be granted permission to hold a flea market on the
former church property to raise funds for Project Graduation. Vice
Mayor Furtado requested that the high school be given a rain date if
necessary, and that a memo be sent to Dwyer High School inviting
them to also use the site to hold a flea market for their Project
Graduation if they wished.
City Manager Herakovich reported that the Juvenile Justice
Commission of the Municipal League had requested a City Council
representative. Vice Mayor Furtado volunteered to hold that position.
City Manager Herakovich reported that leaks in the roof had made
necessary closing half the Fire Department, and a firm had been
engaged to monitor the asbestos levels. Fire Department personnel
would be moved into the Recreation area while repairs were made.
It was the consensus of the City Council to go forward with plans for
moving into temporary quarters and that the plan be discussed at the
0 next meetmg.
ITEMS BY MAYOR AND
COUNCIL Vice Mayor Furtado reported that PGA Boulevard would be under
construction with the proposed flyover for two years, and that
widening of the I -95 overpass on Burns Road was scheduled after
that. At a meeting being held that evening, the Vice Mayor's request
was being presented by the MPO to allow funds to be allocated to
widen the I -95 overpass on Burns Road before the flyover
construction was started. City Manager Herakovich reported that a
presentation on the flyover would be made by DOT at the first City
Council meeting in April.
Vice Mayor Furtado requested that staff review the Eminent Domain
legislation and provide information in the next week's packets, in
order to consider an amendment to the Comprehensive Plan to assure
that associated densities and intensities in the implementation of the
land use element section would insure that density and intensity
assignments' did not exceed natural or man-made constraints of an
area. Vice Mayor Furtado reported that applications were being
accepted for ISTEA funds, to which the City Manager responded that
staff was already working on the applications.
• Mayor Russo reported he and another member of the Municipal
0
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CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 4
League favored revisiting the issue of school concurrency. Chairman
Pro Tem Jablin reported plans to set up a small focus group to work
on the issue, with focus on the items each group agreed on rather than
their differences.
Councilman Clark congratulated new Councilman Sabatello on his
election to the City Council.
COMMENTS FROM
THE PUBLIC Mark Joyce, 834 Windermere Way, stated he was a paramedic for the
City and wanted to make the City Council aware of the deplorable
living conditions at Fire Station No. 1, and appreciated the plan to
move forward with repairs.
PRESENTATIONS City Manager Herakovich presented to City Forester Mark
Hendrickson the National Arbor Day Foundation award making the
City of Palm Beach Gardens a Tree City for the tenth year in a row.
The City Manager commended the City Forester and the B & E
Committee for their efforts.
AWARDING OF BIDS:
Summer Bus Transportation Vice Mayor Furtado made a motion to approve the awarding of the
RFP for Summer Bus Transportation to Quality Transport Services,
Inc., of Ft. Lauderdale, Florida, in the amount of $61,875.00. The
motion was seconded by Councilmember Sabatello and unanimously
carried by vote of 5 -0.
Annual Road Resurfacing After discussion and a presentation from Bob Patty regarding micro
surfacing, Vice Mayor Furtado made a motion to approve the
awarding of the RFP for the Annual Road Resurfacing Contract by
piggybacking the current Orange County contract to award the work
to Florida Highway Products, Inc., in the amount of $220,000. The
motion was seconded by Chairman Pro Tem Jablin and unanimously
carried by vote of 5 -0.
COMMENT BY MAYOR Mayor Russo requested that a letter of thanks be sent to NYAA for
their cooperation in doing background checks.
CONSENT AGENDA Vice Mayor Furtado made a motion to approve the Consent Agenda
with corrections made by Councilman Clark. The motion was
seconded by Councilman Clark and unanimously carried by vote of
0 CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 5
5 -0. The following items on the Consent Agenda were approved:
1. Approval of 3/5/98 City Council Regular Meeting Minutes.
2. Proclaiming March 27 and 28, 1998 as "Relay for Life Days."
3. Resolution 22, 1998 - Consideration of Approval of a Site Plan
for a 40,000 S.F. Office Building Located on Lot 3 within
NorthCorp Planned Community District.
RESOLUTIONS
Resolution 21, 1998 Marty Minor reviewed the petition for site plan approval for
construction of a 4 -story office building on 5.31 acres within the
Regional Center DRI.
Jeff Lis, agent for the petitioner, introduced Harold Smith, Architect;
and Ray Hensler, Stiles Corporation, who commented on the project.
Architect Harold Smith described the project and detailed the
materials.
Mayor Russo stated he would not be in favor of the covered parking.
Chairman Pro Tem Jablin agreed because of the possibility of
establishing a precedent. Mr. Lis requested the opportunity to leave
this matter open until the petitioner could meet with Forbes Cohen,
and if their objections could be overcome to return to the City Council
for consideration. Howard Ostrout, Landscape Architect, explained
the landscaping which was proposed to soften the parking structures.
Councilman Sabatello stated he would support covered parking if it
were more architecturally appealing. Councilman Clark agreed with
Councilman Sabatello and stated he could be comfortable with a
limited number of covered parking spaces if the architecture was good
and the landscaping to soften it was acceptable. Mayor Russo
directed the petitioner to meet with Forbes Cohen and come up with
something that would work.
Councilman Sabatello stated his objection to the metal roof. Vice
Mayor Furtado expressed her preference for a roof color in an earth
tone. Mayor Russo expressed his belief that green space had been
sacrificed for larger parking spaces. Len Telka, Civil Engineer,
explained the size of the berm elevation. Councilmember Sabatello
requested that the petitioner revisit the pedestrian walkway. Mayor
Russo questioned the number of parking spaces requested and
whether a waiver could be allowed under the Code. Signage was
reviewed.
IS CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 6
Councilman Jablin made a motion to approve Resolution 21, 1998 as
amended by deleting under Section 2, number 6, covered parking
elevation plans and renumbering all plans thereafter; and in section 3
after the current conditions of approval to add a condition number 3
which would read: prior to the issuance of the first building permit the
petitioner shall provide updated plans deleting all references to
covered parking; amending current condition 3 to be a new section 4
and amending the a, b, c, and d to read 1, 2, 3, 4; deleting a which
referred to a waiver for covered parking and renumbering section 4 to
be section 5. Councilman Clark seconded the motion, which carried
by vote of 3 -2. Vice Mayor Furtado and Councilman Sabatello voted
against the motion.
Resolution 23, 1998 Councilman Jablin made a motion to adopt Resolution 23, 1998.
appointing George Mastics as an Alternate Member of the Education
Advisory Board. Councilman Sabatello seconded the motion, which
carried by unanimous 5 -0 vote.
Resolution 27, 1998 Growth Management Director Roxanne Manning reviewed the
petition for providing for an expression of No Objection to PGA
National becoming a controlled Ingress/Egress Community as
provided for under said Chapter of the Special Acts of Florida. A
memo from City Attorney Carole Wallace was reviewed in detail.
Mayor Russo commented that Allen Lavin, President of CAN, 151
Coventry Place, Palm Beach Gardens, did not wish to speak; however
had stated that the membership of CAN was strongly in favor of
Resolution 27.
Joan Altwater, 9180 Cypress Hollow Drive, objected to closing Ryder
Cup Boulevard at the gate.
Mayor Russo requested an update regarding the church on Northlake
Boulevard and the code enforcement issues. Growth Management
Director Roxanne Manning responded that the church had submitted
a petition to try to come into compliance. Mayor Russo requested
that the City Council be updated.
Siro DeGasperis, 16 Martinique Cove, requested the City Council's
support for Resolution 27, 1998.
0 Dexter D. Gould, 213 Legendary Circle, speaking for Devonshire,
CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 7
requested that the City Council support Resolution 27, 1998.
Ken Jackson, 4432 Holly Drive, expressed opposition to Resolution
27, 1998.
Julie Rossow, 9043 Cypress Hollow Drive, representing Cypress
Hollow Homeowners Association, expressed opposition to Resolution
27, 1998.
Milton Stern, 24 Cayman, resident of PGA National and Chairman of
the Gate Committee, asked the City Council to support Resolution 27,
1998.
Vice Mayor Furtado clarified that PGA National residents and not the
general public were assessed for road improvements within PGA
National; that the turnpike interchange would most likely be at the
Beeline Highway; that another north -south road was needed; and
expressed her support that this group move forward.
0 Councilman Sabatello stated he was in favor of Resolution 27, 1998
Councilman Clark expressed his opinion that the PGA National
Residents should allow Cypress Hollow residents access through the
gates, as well as other residents who relied on access to Ryder Cup,
and favored Resolution 27, 1998.
Chairman Pro Tern Jablin expressed support of Resolution 27, 1998,
and his opinion that the POA should allow people currently using
Ryder Cup to apply for a permit to enter the gate.
Mayor Russo expressed his agreement that access should be granted
to those who needed access for their work or other good reason, and
expressed support for Resolution 27, 1998.
Vice Mayor Furtado recommended that no further funds be spent on
this project by the group until the catchment area study was
completed in May.
Chairman Pro Tern Jablin made a motion to approve Resolution 27,
1998. Councilmember Sabatello seconded the motion, which carried
by unanimous 5 -0 vote.
CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 8
ITEMS FOR
DISCUSSION Vice Mayor Furtado discussed the need for a shooting range in the
north county area to be pursued with the MacArthur Foundation,
which would be a cooperative effort between area municipalities..
Vice Mayor Furtado recommended that a date for a meeting be set up
as soon as possible regarding the North -South Reliever road being
placed on the north side of the school, and received assurance from
the City Manager that she would arrange a meeting with all three
engineers.
Vice Mayor Furtado requested that the letter to FDOT previously
discussed regarding the City not being advised on certain issues be
sent.
Vice Mayor Furtado requested that a right turn only be established for
the office buildings across the street from the Dunkin' Doughnuts
intersection on Military Trail. City Manager Herakovich reported a
letter was being sent to DOT.
CITY ATTORNEY
REPORT 1. Stipulation had been signed by both parties to dismiss both actions
in the case of Frenchman's Creek lawsuits regarding the
restaurant, with each side to assume their own fees and costs.
2. The City had been challenged regarding their decision not to
approve the Northmil Plaza development.
3. Palm Beach County had been contacted regarding school
concurrency, and it was learned they had abandoned their efforts
to insert language into the Comprehensive Plan regarding school
concurrency because of a current moratorium imposed by the
legislature. The City Attorney had concluded that no form of
concurrency by the County or City was legal at this time.
4. Attorney Carole Wallace would begin attending City Council
meetings on a rotating basis.
Mayor Russo expressed his opinion that continuity should be
observed by having one attorney attend all City Council meetings.
It was the consensus of the City Council to discuss this matter at
a City Council meeting. The City Attorney agreed to speak with
0 CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 9
the City Manager in order to have this item scheduled for the next
workshop meeting if time was available.
ADJOURNMENT There being no further business to discuss, the meeting was adjourned
at 10:20 p.m.
APPROVAL: e -- L
1VI2�Y EP R. RUSSO
XUREN FURTADO
CfURMAN P" ERIC JABLIN
• F ,�
COUNCILMAN D LARK
COUNCILMAK CARL SABATELLO
ATTEST:
"(Aeae�
LINDA V. KOSIER, CITY CLERk