HomeMy WebLinkAboutMinutes Council 110598•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
NOVEMBER 5, 1998
The November 5, 1998, 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 Deputy City Clerk called the roll and the following elected
officials were found to be in attendance: Mayor Joseph R. Russo,
Councilman Eric Jablin, Councilman David Clark, and Councilman
Carl Sabatello. Vice Mayor Lauren Furtado was absent from the
meeting.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
• CITY MANAGERS
REPORT City Manager Herakovich described the new public art brochure,
which had been sent to residents and would be placed in hotels and
other public places. Councilman Jablin volunteered to serve as the
alternate to the Northlake Boulevard Task Force, and Councilman
Sabatello was appointed alternate to Eastward Ho! The City
Manager requested available dates to set up a meeting with the
Riviera Beach City Council. City Manager Herakovich reported the
City had hired an MIS Manager and a Code Enforcement Officer.
No flooding had been experienced during recent rains. It was the
consensus of the City Council to accept Jupiter's invitation to tour
Abacoa. The City Manager requested that City Council members
contact her if they could attend a retirement dinner dance for the
Mayor of Riviera Beach.
Construction Manager's
Report Construction Manager Bill Mignogna reported on progress made in
construction of the Municipal Complex since his last report. Mr.
Mignogna reported progress on the ball fields and that the
contractor was on schedule to have the fields completed on time.
Progress was reported on the Police Station, City Hall, Fire Station,
grading for the main entrance drive, and Military Trail trenching to
the main sewer line as well as underground electrical service. Mr.
Mignogna described several change orders for which approval was
• CITY COUNCIL REGULAR MEETING, 11/5/98 2
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requested. A requested change order to increase the size of the
elevator was not approved.
Councilman Clark made a motion to authorize proposed change
orders numbers 3, 5, 8, 11, 12, 13, 14, 15 and 16. Councilman
Jablin seconded the motion, which carried by unanimous 4 -0 vote
AWARDING OF BIDS
Hystat Dozer Councilman Clark made a motion to approve the staff
recommendation to piggyback off of the State contract to purchase
a Cat D3GLX III Hystat Dozer with Allied Winch W3C attachment
from Kelly Tractor Co., for a total sum of $64,017.00. Councilman
Jablin seconded the motion, which carried by unanimous 4 -0 vote.
Towing Contract Councilman Clark made a motion to award the City's Towing
Services to Kauff's of Palm Beach, Inc. Councilman Jablin
seconded the motion, which carried by unanimous 4 -0 vote.
Grant Application Councilman Clark made a motion to approve the staff
recommendation to authorize the City Manager to sign an
agreement with Hemphill Planning & Financial Consulting Team
Service to provide grant services associated with the Local
Governments Grants in Aid program as sponsored by the Florida
Legislature. Councilman Jablin seconded the motion, which carried
by unanimous 4 -0 vote.
ITEMS BY MAYOR AND
COUNCIL
Councilman Sabatello Councilman Sabatello reported he was still working on getting
members for the Planning and Zoning Board.
Councilman Jablin Mayor Russo reported the City Council had attended a meeting
with a consultant regarding improving meetings, and that changes
would be implemented during upcoming months. One item decided
was that a consensus of three members of the City Council was
necessary to direct staff to perform a request. Consensus of four
members was given for Councilman Jablin's request that staff
provide a memo regarding uniform term limits and uniform
reappointment procedures for all members of advisory boards.
Councilman Clark It was reported that the newsletter article had not produced
applicants for the Beautification Committee as yet.
• CITY COUNCIL REGULAR MEETING, 11/5/98 3
Mayor Russo Mayor Russo noted that he had attended the Economic Advisory
Group meeting, and that the City and individuals had received a
significant number of awards.
COMMENTS FROM
THE PUBLIC Mayor Russo announced public comments would be limited to three
minutes.
Siro DeGasperis Siro DeGasperis, 16 Martinique Cove, commended the City on the
art brochure, Officer Sheenan for his attention to the needs of their
community, and the City Council for their strict and tight scrunity
of expenditures for the Municipal Complex. Mr. DeGasperis as
President of PGA National POA encouraged the City Council to
consider a safety buffer for the approximately 40 homes which
would be close to the extra traffic lane to be installed on PGA
Boulevard for the Golf Digest project. Mayor Russo requested that
the residents hold meetings to decide the type of buffer they desired.
Mr. DeGasperis reported he had sent a letter on behalf of the PGA
National POA to the MPO proposing the proposed turnpike
• interchange be located near Beeline Highway where it would least
affect residents, however, the proposed location was in a location
which would have the greatest disruption of the quality of life for
the residents of Palm Beach Gardens. Mr. DeGasperis urged the
City Council to support the residents' wishes to try to get the
turnpike interchange located in an area where it would have the least
impact on residents. Mayor Russo advised that the City Council
would discuss this matter when Vice Mayor Furtado returned.
CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin
to approve the Consent Agenda as presented. Councilman Sabatello
commented he would vote for all items on the Consent Agenda
except Item 8 which involved property which would be purchased
by his company. Councilman Clark withdrew his motion and moved
approval of the Consent Agenda with Item 8 withdrawn. Motion
was seconded by Councilman Jablin, which carried by unanimous
vote of 4 -0. The following items were approved on the Consent
Agenda:
1. Approval of Minutes of 10/1/98 City Council Regular
Meeting.
4. Approval of Minutes of 10/6/98 City Council Workshop
. Meeting.
5. Approval of Minutes of 10/15/98 City Council Regular
• CITY COUNCIL REGULAR MEETING, 11 /5/98 4
Meeting.
6. Proclaiming November 7, 1998, as "Arbor Day ".
7. Resolution 114, 1998 - Consideration of Approval of Western
Northlake Planning Study as Planning Tool
9. Resolution 119, 1998 - Consideration of Approval of Hibiscus
Restaurant Plat
10. Resolution 123, 1998, Consideration of Approval of Plat for
BallenIsles Parcel 8A.
11. Resolution 124, 1998 - Consideration of Approval to Support
Municipal Competitive Grant Program Funds for
Enhancement of Emergency Management and Mutual Aid
Programs.
Councilman Clark made a motion to approve Item 8, Resolution
118, 1998, Consideration of Approval of Plat for BallenIsles Parcel
20A & B, seconded by Councilman Jablin. Councilman Sabatello
abstained because of a financial interest. Motion carried with 3
votes in favor, one abstention.
• PUBLIC HEARING
Ordinance 6, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 10/21/98, and held on the intent of Ordinance 16, 1998,
providing for amendment to Article IV of Chapter 2 of the City's
Code of Ordinances Entitled "Code Enforcement" by Providing for
Code Enforcement Proceedings to be Conducted by a Special
Master. Growth Management Director Roxanne Manning explained
that Ordinance 6, 1998 was presented for consideration of second
reading and adoption. Lee Jebb, 11811 Avenue of the PGA, Chair
of the Code Enforcement Board, stated that she and the other
members of the Code Enforcement Board objected to the decision
to change to a Special Master system, and explained the makeup of
the Board and the procedures they followed, and objected to
spending taxpayer dollars when a capable volunteer board was
available. Another resident expressed her opinion that businesses
and individuals were not treated the same by the Code Enforcement
Board and agreed with a Special Master system. There being no
further comments from the public, Mayor Russo declared the Public
Hearing closed. Councilman Sabatello, City Council Liaison to the
Code Enforcement Board, commented that the Code Enforcement
Board had gone through a period of no staff support, but now the
Code Enforcement Department had been restored with new
• personnel who were competent and professional and the Code
Enforcement now had proper staff support. Councilman Sabatello,
• CITY COUNCIL REGULAR MEETING, 11/5/98 g
Liaison to the Code Enforcement Board, expressed his opinion that
the Code Enforcement Board had done a very good job under
difficult circumstances and stated he would vote to keep the Board
since he believed it would be an asset to the City if allowed to
continue. Councilman Clark supported the Special Master system
to avoid neighbors judging neighbors. Councilman Jablin expressed
his opinion that based on Councilman Sabatello's remarks and
changes made by the City, the Code Enforcement Board should be
given another chance. Mayor Russo reported he had not heard
complaints recently as in the past, and was in favor of continuing
with the Board. Councilman Jablin recommended the Code
Enforcement Board be monitored and if it was found not to be
working properly to then reconsider the Special Master system.
Councilman Jablin made a motion to deny Ordinance 6, 1998 and
not to place on Second Reading. Motion was seconded by
Councilman Sabatello. Councilman Clark stated he would vote in
favor of the motion to show he was behind the decision of the City
Council. Motion carried by unanimous 4 -0 vote. Councilman
Sabatello stated he would continue to report to the City Council
• regarding the Code Enforcement Board.
RESOLUTIONS:
Resolution 115, 1998 Councilman Clark made a motion to grant approval of Resolution
115, 1998, to Extend Term of Office for Two Members of the
Board of Trustees of the General Employees' Pension Fund. The
motion was seconded by Councilman Jablin, and carried by
unanimous 4 -0 vote.
Resolution 116, 1998 Both staff and a representative of the Art Advisory Committee
recommended that the sculpture for the MacArthur Center Office
Building be placed on the south side of the building. A
representative for the petitioner supported the location at the
fountain in the interior of the parking lot. Councilman Clark
expressed his opinion that as a policy, art should be located on a
main thoroughfare but in this case agreed to placement as
recommended by the petitioner. Councilman Jablin expressed his
opinion that the scale of this sculpture was too small for PGA
Boulevard. Councilman Sabatello expressed his opinion that the
location of each piece of art should be considered on an individual
basis. Councilman Clark made a motion to approve Resolution
• 116, 1998 with revision to Section 3 as read into the record by the
City Attorney: that the sculpture shall be placed within the fountain
• CITY COUNCIL REGULAR MEETING, 11/5/98 g
located in the interior of the parking lot as reflected on the
approved site plan. Councilman Jablin seconded the motion, which
carried by unanimous 4 -0 vote.
Resolution 117, 1998 Principal Planner Marry Minor presented the project for the
Northlake /Congress Commercial Center which included Pollo
Tropical and Walgreens. The City Council requested that in the
future all landscape plans be mounted for easier viewing. Lou
Gaeta, representative for the petitioner, stated petitioner agreed to
the staff conditions except the signage location for Pollo Tropical.
Discussion ensued. Donaldson Hearing, Landscape Architect for
Walgreens, responded to Councilman Sabatello's request for
landscaping to screen the parking lot by offering to install plants at
30 "x 30" instead of 24 "x 24 ". Petitioner was requested to use the
same roof tile on both buildings. The next agenda item was
considered in order to allow staff time to formulate language to
accommodate the desired changes in Resolution 117, 1998, after
which the following changes were read into the record by the City
Attorney: Section 2, Condition 5, to continue the first sentence so
. that it shall read, The applicant shall comply with all requirements
of the roadway beautification and enhancement plan once same is
established by the City of Palm Beach Gardens and shall maintain
said improvements per City landscape maintenance standards
which shall be adopted by the City of Palm Beach Gardens ... with
the rest of the sentence to remain the same. New Condition 7 shall
be added: Prior to issuance of first building permit, the site plan
shall be revised to reflect that the roof tiles of both structures shall
be the same color, texture, and style, to be selected by the applicant
from one of the two tile colors presented, subject to final review by
City staff.
Councilman Clark made a motion to approve Resolution 117, 1998
with changes read into the record by the City Attorney. Councilman
Jablin seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 120, 1998 Principal Planner Marty Minor presented the project for an
Amendment to The Oaks PUD, known as The Oaks Center, to
Eliminate the Second Story Space in the Easternmost Building, the
Addition of Two Decorative Towers, and Connecting Three
Buildings, for which staff recommended approval with nine
conditions. Mayor Russo reported St. Mark's school would
• stagger arrival and departure times to hopefully improve traffic
conditions. Landscape Architect Donaldson Hearing spoke on
• CITY COUNCIL REGULAR MEETING, 11/5/98 7
behalf of the petitioner. Resident Gary Nagle, 2560 Prosperity Oaks
Court, presented a petition from residents of Prosperity Oaks
objecting to reduction of the buffer from 48 to 43 feet. Pam Dodge,
1093 Raintree Court, representing homeowners of Town Oaks
subdivision, expressed concern regarding what types of plants
would be facing Burns Road, the building color, and safety of the
access. Joan Gindlesperger, 1066 Raintree Lane, expressed concern
regarding beautifying, landscaping, quality, and safety. Architect
Ted Davis described architectural features. Consensus was not to
reduce the buffer. Several items were discussed to be included in
conditions of approval. After discussion, petitioner agreed to
change the hedge and to install and maintain median landscaping.
Building colors were reviewed. Because of the difficulty of
incorporating the desired changes into the Resolution, it was agreed
to bring it back in two weeks but to allow the petitioner to proceed
with the process in the meantime.
Resolution 121, 1998 Principal Planner Marty Minor presented the project for Approval
of a Site Plan Amendment to Parcel 10, BallenIsles For the Entry
• Way, Signage, and Landscaping. Councilman Clark made a motion
to approve Resolution 121, 1998. Councilman Jablin seconded the
motion, which carried by unanimous 4 -0 vote.
ORDINANCES
Ordinance 26, 1998 Because the petitioner had requested this item be delayed to a future
agenda, consensus was to place consideration of First Reading of
Ordinance 26, 1998, Providing for a Waiver from the PGA
Boulevard Corridor Overlay Section 118- 280(g)(14), Entitled
"Building Design Guidelines ". "Underground Utilities ", and a
Modification to the Approved City Centre Landscape Plan on the
agenda for the second meeting in December, 1998. It was decided
that justification must be provided by petitioners in the future if they
requested agenda items be pulled and considered at a future
meeting.
ITEMS FOR DISCUSSION
Mayor Russo Mayor Russo commented there had been great participation at the
meeting of the Economic Advisory Group in Riviera Beach that day.
Councilman Clark Councilman Clark reported the Equestrian Task Force would hold
an Equestrian Summit to discuss the future of the industry in the
. County and would include the City's equestrian areas in their maps.
• CITY COUNCIL REGULAR MEETING, 11/5/98 8
Councilman Sabatello Councilman Sabatello requested that language regarding the
roadway beautification plan be applied to Burns Road where it
might be widened. Councilman Clark requested the language also
be applied to the section of Burns Road near the Municipal Center.
Consensus was 4 -0 to apply the language to all of Burns Road.
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Councilman Clark, the meeting was
adjourned at 10:5.9p.n}/
APPROVAL:
0
ATTEST:
JOSEPH R. RUSSO
TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILM CARL SABATELLO
CINDY HA VEY, DEPUTY &4TY CLERK
0
FORM
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MAII IN6 \DDRI NN
8B MEMORANDUM OF VOTING CONFLICT FOR
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
MII)D1 1 NAME NAME OI- HOARD. ('OUN( II.. ('OMMISSIO%. AU 1 HORII Y. OR COMMI'llLE
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CITY V �.COILIN1Y
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DATE ON WHICH VOIF. OCCURRFD
)&-,vnY ❑ COUNTY ❑ O1 HER I.00AI. AGE \CY
NAME OF POLITICAL SUBDIVISION:
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MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other focal level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3113. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing ;he reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from \oting on a measure which inures
to his special pri\ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b\ publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A.person holding appointive county, municipal, or other local public office MUST ABSTAIN from wotine on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly \oting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision b\ oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE !MEETING AT WHICH
FTHE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
a A copy of the form should be provided immediately to the other members of the agency.
0 The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
( E FOR b1 aH
IF YOU ;MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1.
(244c- #q • 5.4A -rw-' 4,-p ,hereby disclose that on t`'Qj- � - . 19 4a'
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
—i_ inured to the special gain of 54"TSL�,A ����+�'� l�"� �'�. -V-V� , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
�"' X-'r�'A &.0,; L-�-
I 1 16 Iql>
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
CE FORM 99 - 1.91 PAGE 2