HomeMy WebLinkAboutMinutes Council 011697CITY COUNCIL
REGULAR MEETING
JANUARY 16, 1997
The January 16, 1997, 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
began with the Pledge of Allegiance to the Flag.
ROLL CALL The roll was called by the Deputy City Clerk and the following
elected officials were found to be in attendance: Mayor Joseph R.
Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe
and Councilman Jablin. Councilman David Clark was not in
attendance as he was out of town.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the
agenda and posted on the City's bulletin boards.
ITEMS BY MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado reported on attending a meeting of the MPO
where several crucial items were discussed, one being the 1997
schedule of construction projects on state highways and bridges in
Palm Beach County. Item 27 was listed as PGA Boulevard Bridge
over the Turnpike in Palm Beach Gardens, eastbound bridge being
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completed by Spring, however, it was listed under 1998. Vice
Mayor Furtado stated that she was told by Mr. Anderson that they
would call the City tomorrow to clarify whether the schedule date
for completion was 1997 or 1998. The next item discussed was the
proposed interchange for Northlake Boulevard and the Turnpike.
As it presently stands the City is behind Southern Boulevard for
their design and completion. Vice Mayor Furtado was asked to
have the City put together a packet to send to Randy Whitfield that
showed the feasibility study of this interchange. Vice Mayor
Furtado asked that the City also include a list of the projects that
have been approved in the City. Vice Mayor Furtado stated she
was assured that this project would get top priority and asked that
the packet be delivered to them within a week. Vice Mayor
Furtado stated that no other interchanges on the list are feasible,
except for the Northlake Boulevard interchange.
City Manager Herakovich suggested that this item be placed on the
1/23/97 Workshop meeting agenda. Mayor Russo stated that the
following neighborhoods be notified to attend that meeting
regarding the Northlake Boulevard interchange: Steeplechase,
Ballen Isles, PGA National and those that may be affected by the
proposed interchange.
Vice Mayor Furtado stated that another item, the High Speed Rail,
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came up at the MPO meeting. Vice Mayor Furtado stated they
have set aside 9.5 million dollars for a study on whether the high
speed rail would be effective for Florida. The plans to come
through Palm Beach Gardens place the High Speed Rail next to the
turnpike, next to Ballenlsles and other subdivisions. Vice Mayor
Furtado stated they informed her this money was new funds and
they were not taking money from other projects, however, she
asked how they could find 9.5 million dollars of new funds to do
this study when the City could not have sound barrier walls until
the road was widened, the items done on the turnpike, etc. Vice
Mayor Furtado recommended to the MPO that since we have an
obligation to our constituents they should be asked bow they felt
about the spending of this money. Vice Mayor Furtado requested
that a Resolution be drafted to let the MPO know how the City felt
about the spending of this money. Vice Mayor Furtado stated that
the City had the right to object to the spending of money on a
project that is not supported by the City.
Vice Mayor Furtado stated that there is a problem with Code
Enforcement. While Vice Mayor Furtado felt that Code
Enforcement was doing a better job then in the past, she felt the
problem was with over - enthusiasm. Vice Mayor Furtado felt that
there were some serious problems that should have been dealt with
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first and were other problems that were marginal. Mayor Russo
stated that there would be a discussion at the 1/23/97 Workshop
meeting regarding Code Enforcement and asked that Don
Kiselewski be invited to that meeting also. Councilwoman
Monroe stated that Code Enforcement Officers always give
violators time to comply and there are ways to get additional time.
Councilwoman Monroe felt that the Code Enforcement Board and
the Code Enforcement Officers were cooperative with residents.
Councilwoman Monroe felt that Code Enforcement could not close
their eyes to the Codes until they are amended. Vice Mayor
Furtado felt that Code Enforcement should knock on the door of a
residence with a violation or call them on the telephone to
determine if there were extenuating circumstances and did not
think that the City's approach was neighbor user friendly. Mayor
Russo stated that the City had codes that needed to be enforced and
was also concerned with the neighbors of those in violation.
Mayor Russo asked members of the Council to think about their
problems and some solutions to Code Enforcement problems over
the next week and be prepared to discuss these issues at the
1/23/97 Workshop meeting.
Vice Mayor Furtado stated that she would also like to discuss the
problems with Palm Trans' service to handicapped people.
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Mayor Russo Mayor Russo stated he attended a meeting of the Municipal League
on 1/23/97 and that they will be having additional meetings
regarding the problems with Educational system and school
concurrency. Mayor Russo stated he had a copy of the language
for the concurrency issue proposed by the Municipal League and
stated that he hoped there was enough of a compromise to make
this document workable. Mayor Russo stated that the DCA has
stated there would have to be an interlocal agreement with every
City and County and would require a sign off from each to make
school concurrency a workable program.
Mayor Russo announced that there were some Palm Beach
Community College students in attendance this evening from the
American Government class.
Mayor Russo stated that Ordinance 26, 1996, regarding an
amendment to the Admiralty 11 PUD would be postponed to take
care of an advertising glitch.
COMMENTS FROM
THE PUBLIC
Jim Graham Jim Graham, 11923 Lakespur Place, North Palm Beach, addressed
the City Council stating he was an auctioneer and was upset that he
was not personally notified regarding the bidding process for the
recent auction held by the Public Works Department, Mayor
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Russo asked the City Manager to provide the Council with a report
regarding the advertising process for the auction. Mr. Graham
gave a copy of a report he prepared to each Councilmember for
their consideration regarding how the City's auctions could be
improved.
CONSENT AGENDA Vice Mayor Furtado made a motion to approve the Consent
Agenda, seconded by Councilwoman Monroe. The motion was
unanimously approved. The following items were approved on the
Consent Agenda:
1. Minutes of 12/19/96 City Council Regular Meeting.
2. Minutes of 1/2/97 City Council Regular Meeting.
3. Proclaiming January 17, 1997, as "Arbor Day ".
4. Resolution 12, 1997 - Approval to Support the Preservation
2000 Program.
5. Resolution 13, 1997 - Approval of an Amendment to the
Disposal List of Assets for the City Auction.
PUBLIC HEARINGS:
Ordinance 22, 1996 Mayor Russo stated Ordinance 22, 1996, was a Public Hearing
regarding the consideration of approval to create a Chapter 3 of the
Palm Beach Gardens Code of Ordinances to be entitled "Personnel
Program ". City Manager Herakovich stated staff was available to
answer any questions regarding the difference between the
previous policy known as the Merit System and the proposed new
program known as the Personnel Program. City Manager
Herakovich detailed the history of the creation of the new
personnel program. City Manager Herakovich stated staff
conducted focus meetings during the last week with all employees
so their issues could be stated, with the City Manager's promise to
bring those issues to the City Council.
Ellen Finnerty, Human Resources Analyst addressed the City
Council outlining differences in the new program as opposed to the
old program. Holly Luzader, Assistant Finance Director, gave a
history of how the process of developing the new program worked.
City Manager Herakovich stated the main concern expressed by the
employees was the conversion of sick leave to the personal leave
because employees felt it should be converted at 100% of its value.
A discussion ensued regarding the conversion of hours.
Councilwoman Monroe asked if Administration considered letting
current employees with sick leave use those hours until they are
depleted. City Manager Herakovich stated that the employees
accept the personnel program, except for the simple conversion.
City Manager Herakovich stated that employees asked that
daughter -in -law and son -in -law be included in the list of relatives
in the bereavement leave; some employees wanted the option of
cashing in personal leave more than once a year instead of taking
time off; concerns with flex time having to be taken in the pay
period in which it was earned; and compensatory time no longer
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being available.
Mayor Russo asked for comments from the public.
Tom Tornatore Tom Tornatore, employee of the Fire Department, addressed the
City Council expressing his concerns with the new personnel
policy, specifically the conversion. Mr. Tornatore stated he had
140 hours of sick hours and was concerned that he had to convert
them in at 50% of their value. Mayor Russo stated that he would
like to see the employees be able to continue with their current sick
hours in the bank. Councilwoman Monroe stated that if an
employee has a bank of sick hours right now and is allowed to keep
that leave under a separate column they would use time off out of
their sick leave column first, therefore, over time the sick leave
hours in the bank would be depleted.
Judy Brandt Judy Brandt, 3580 Dunes Road, an employee of the Police
Department under a bargaining union contract, stated that she felt
those employees that had earned the sick leave on the books should
not be penalized for coming to work and not using those hours.
Ms. Brandt felt that a lot of aggravation would have been
eliminated if the hours could have been transferred hour for hour.
Ms. Brandt felt that the acute illness bank would not be used by a
lot of employees, especially those that have accumulated sick
leave.
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Jon Iles Jon Iles, 9762 Daffodil Circle North, and an employee of the
Public Works Department, thanked the City Manager for bringing
the employee concerns to the City Council. Mr. Iles expressed
concerns that the ability to use acute illness hours was limited to
the employee and not the need that may occur with the illness of
someone in the employee's immediate family. City Manager
Herakovich stated that it needed to be clarified, but the intent was
that accute illness could be used for the employee and his
immediate family.
Vice Mayor Furtado stated that she sensed a lack of trust or
confidence on the part of the employees in dealing with the Human
Resources Department. Vice Mayor Furtado stated she would like
to see this problem addressed.
Councilwoman Monroe asked the process that would take place if
there was a consensus of the City Council to allow existing
employees to continue with their existing sick leave. City Manager
Herakovich stated that it would take an amendment to the existing
document.
Mayor Russo asked if this document had to be approved tonight.
City Attorney David Acton stated that it would be preferable to be
done this evening because when the referendum was adopted
9/3/96, eliminating the Merit System from the Charter, it required
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the City Council to adopt a Personnel System. At the time of the
adoption of the Charter Amendment, there was no Personnel
System in place and that's what this Personnel Program does. The
longer the City Council waits to adopt the Personnel Program, the
longer the City goes without the Personnel System called for by the
City Charter. Mayor Russo stated that there are a lot of changes
that the employees have not seen and he did not want to change
something that the employees did not have any input in. City
Manager Herakovich outlined the changes before the Council
tonight, including the correction for 48 hour work week employees
on page 17 accruing acute illness and vacation differently than a 40
hour a week employee; Article XI, language from the old code,
page 36.
Kent Olson, Finance Director, stated his concerns with allowing
existing employees to keep their sick hours on the books. Mr.
Olson pointed out that the cost to the City would be great and
would affect future pensions as well. Mayor Russo stated he
understood the possible effects, however, he also understood some
of the concerns expressed by the employees. Mayor Russo stated
he would like to see the numbers for the costs of the various
approaches to the conversion. Mayor Russo felt that it was
important to come up with a plan that employees felt good about so
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that morale was not affected. Councilwoman Monroe stated that
she strongly believed that the employee should be given an option
to keep their existing sick leave. City Manager Herakovich stated
that this was a very important document and in an effort to make
sure it is totally accurate, asked that the City Council postpone this
public hearing until the 2/6/97 meeting.
Vice Mayor Furtado made a motion to postpone the Public Hearing
for Ordinance 22. 1996, until the 2/6/97 Regular Meeting of the
City Council. The motion was seconded by Councilman Jablin and
unanimously carried.
Ordinance 26, 1996 Mayor Russo stated that Ordinance 26, 1996, had to be
readvertised and would not be heard this evening.
RESOLUTIONS:
Resolution 2, 1997 Richard Walton, Planning and Zoning Director, stated that this
Resolution was workshopped at the 1/2/97 meeting of the City
Council and staff has amended the resolution to clarify what
exactly is taking place at this center. Mr. Walton showed Council
the colors approved for the center, including those for the
buildings, awnings, building trim, windows and signage.
Ken Blair of Catalf imo Construction stated they submitted all
color samples requested by the City Council at the last meeting.
Also being requested was a relocation of the sign along the western
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elevation from where it was now because of a safety issue. It was
also reported that the ground sign lettering change was withdrawn
from this application.
Vice Mayor Furtado stated her concern was with the lettering on
the I -95 side of the building. Vice Mayor Furtado did not like the
blue lettering with the color scheme of the building. Councilman
Jablin did not feel consistency along 1 -95 was that important,
however, stated he would prefer gold lettering. Mayor Russo
stated he would like to see the coloring along the buildings
coordinated.
Mr. Walton stated that the rationale for staff s recommendation for
the blue color was that the primary viability and impact of these
signs are at night.
Councilwoman Monroe stated that in the future an applicant would
have to use blue and felt that at night she would rather see the
Wackenhut sign or the bronze being proposed.
The Council unanimously agreed not to approve the ground sign
because it was non - conforming to City codes, as well as the sign on
the south elevation. It was the feeling of the City Council that they
did not want to approve any buildings in the future without a sign
package. Mr. Blair stated that he did not have the color chip
number available for the bronze color for the signs.
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Mr. Bob Martin, tenant of the building in question, stated they
were trying to be as consistent as possible with the bronze
windows.
Mr. Blair suggested that they return back to the City Council in two
weeks with the color number so the Council could then approve
Resolution 2, 1997. The City Council agreed to reconsider
Resolution 2, 1997, at their 2/6/97 meeting.
Resolution 8, 1997 Councilwoman Monroe stated she was excited about considering
Resolution 8, 1997, approval to create a Neighborhood Initiative
Task Force, however, suggested that the two task forces
(Resolution 9, 1997, consideration of approval to create a
Residential Truck Parking Task Force) be combined because she
did not feel the two issues should be separated.
It was agreed that the wording "and to include level of service
needs" be removed from the Resolution.
Vice Mayor Furtado stated that Bill Beville would like to be on this
Task Force. Councilwoman Monroe asked to have Barbara Davis
appointed. Betty Petruzzi has asked to be appointed to the Task
Force. Mayor Russo stated that he would like to appoint John Kent
of Plat 4. Vice Mayor Furtado asked that Lynn Huber be
appointed.
It was the consensus of the City Council to bring Resolution 8,
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1997, back to the 1/23/97 Special Regular meeting for
consideration of approval to give the Council the opportunity to
submit names for appointment to this Task Force.
Resolution 10, 1997 Rich Walton stated that Resolution 10, 1997, was consideration of
approval to amend the Site Plan and Landscape Plan for Parcel 6B
in the Ballenlsles Country Club PCD. The amendments requested
include an amendment to reflect the existing configuration of the
recreation area, pool deck and pool; the overall landscape plans to
reflect the amended walkway configuration and to remove the
"typical" common area plantings; the planting plan for the pool
area on the recreation area plan; modifications to the entry
sidewalk designs; the typical street tree and common area
landscaping around each building which includes additional plant
materials and design around each building than what was
previously approved; the location and screening of the A/C units;
and the introduction of landscape plans prepared by Top Branch
Nursery and Landscape, Inc. Staff stated that the applicant was in
agreement with the two conditions of approval proposed in the
resolution.
Hank Skokowski of Urban Design Studios detailed requested
amendments to the site plan for Parcel 6B.
Councilwoman Monroe made a motion to approve Resolution 10,
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1997, seconded by Vice Mayor Furtado. The motion was
unanimously carried.
Resolution 11, 1997 Councilwoman Monroe made a motion to approve Resolution 11,
1997, approving the construction of golf cart entrances,
architectural modifications and pathways for a maximum of 27
units at Parcel 6B in the BallenIsles Country Club PCD. The
motion was seconded by Vice Mayor Furtado and unanimously
carried.
ORDINANCES
Ordinance 1, 1997 Councilwoman Monroe made a motion to place on first reading, by
title only, Ordinance 1, 1997, consideration of approval to amend
Chapter 46 of the Code of Ordinances entitled "parks and
Recreation'; Providing for renaming of Article I as "Park
Regulations"; providing for amendment to of Article I; providing
for amendment of Article H entitled "Recreation Advisory Board;
providing for amendment to Article III as "Sign Regulations;
providing for amendment of Chapter 6, Section 6 -7 entitled
"Drinking Intoxicating Liquors on Streets, Parks, etc. ". Vice
Mayor Furtado seconded the motion, which unanimously carried.
The Deputy City Clerk read Ordinance 1, 1997, on first reading, by
title only.
Ordinance 3, 1997 Mayor Russo stated that Ordinance 3, 1997, was to be considered
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for first reading and was consideration of approval to amend
Gardens Plaza PUD to allow the construction of a covered parking
structure on the rear of the site.
Hank Skokowski of Urban Design Studios addressed the Council
stated that this site was built some time ago and the landscaping
was put in some time ago. Some of the landscaping was not put in
according to the plan. The plan is to remove the landscaping and
go back to the original plan. The applicant did agree with two
important items, one that the quantity of trees that are missing in
the parking lot, which is over 50 trees, are going to be replaced.
These trees are live oaks, mahogany trees and sabal palm trees.
Secondly, because there has been a deviation there is a condition of
approval which now states that the applicant cannot continue to
build this project and build a second building and the parking
garage in accordance with the approved plans because those plans
are no longer valid. The applicant was agreeing to come back to
Council with Phase II when they are ready to build same. Mr.
Skokowski agreed to plant a new tree in place of the one that was
already located in the area of the covered parking structure.
Councilwoman Monroe made a motion to approve first reading of
Ordinance 3, 1997, by title only. The motion was seconded by
Councilman Jablin and unanimously carried. The Deputy City
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Clerk read Ordinance 3, 1997, by title only, on first reading.
CITY ATTORNEY REPORT
Councilwoman Monroe made a motion, seconded by Vice Mayor
Furtado, to reorder the agenda to hear the City Attorney Report at
this time. The motion unanimously carried.
City Attorney Acton stated that he had been asked by the Council
to form an opinion regarding the Petruzzi case involving a 3/4 ton
pick -up truck and a citation from Code Enforcement for a violation
and similar cases involving the same type of violation. The City
Attorney's office has researched the City code in terms of what
relief may be available to the Petruzzi's. Having been cited for the
violation, Mr. Petruzzi has the option to bring himself into
compliance so there is no chance of having a fine accrue or
becoming a repeat violator. To allow the truck at this time Mr.
Petruzzi would have to seek a variance under Section 118.49 of the
City's code. Attorney Acton advised that as long as the parking
ordinance stayed on the books in its present form the only relief
from a violation would be an application for a variance. Attorney
Acton stated that Mr. Petruzzi would have to meet the 6 criteria
setforth in Section 118.49. Attorney Acton stated that the Council
had indicated that the issue of 3/4 ton trucks and over would be one
of the topics discussed by the Neighborhood Initiative Task Force.
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As long as the ordinance remains on the books, it is staffs job to
enforce that ordinance. Staff has been receiving complaints from
residents about people who are not in compliance with the
ordinance. Attorney Acton said if there was no desire by the City
Council to keep this ordinance on the books, then they could repeal
said ordinance and adopt later what they were interested in
adopting. It was the consensus of the Council that the remainder
of the residents would be upset with repealing the ordinance.
Attorney Acton stated that a moratorium would, in effect, do the
same thing as repealing the ordinance for a period of time.
City Manager Herakovich stated that since there was a variance
process in place, any resident cited for violation had the ability to
go through that variance procedure. Attorney Acton stated that the
Code Enforcement Board could also require the violator to go
before the Zoning Board to obtain a variance.
Betty Petruzzi addressed the Council stating that the Code
Enforcement Division did not cite every resident with a truck 3/4
ton or over. Mrs. Petruzzi stated on her way to the meeting they
counted 5 of these vehicles. Mrs. Petruzzi asked that residents that
have lived in the City for 10 years or more be grand fathered in and
allowed to purchase a sticker.
Attorney Acton stated that in many Code Enforcement matters
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there are situations where people are cited, found to be in violation,
told to comply by a deadline and when they do not fines begin to
accrue. Attorney Acton stated that other residents may notice the
violation and do not know that the fines have become a lien against
the property
Mayor Russo stated that he did not think he could legally tell Mrs.
Petruzzi that they could have their truck, but could not allow that
same privilege for someone else.
City Manager Herakovich pointed out that 14 violations were
issued and 11 cases have complied. Other violations were in the
process.
Attorney Acton stated that he met with the Education Advisory
Board last night, as requested by Councilman Jablin, and they
discussed the Sunshine Law applicability, particularly to their
committee meetings. Attorney Acton was hopeful that they would
comply with the public notice, but did not feel that it had to be in a
public place, and pointed out that the committees had to keep
minutes.
Attorney Acton stated that his firm has received a letter from
Attorney Gary Fields requesting to renew his motion for rehearing
and reconsideration and his verified complaint that he filed.
Attorney Acton stated that regarding the motion for rehearing and
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reconsideration he suggested that it be put on the next regular
meeting agenda to discuss whether the Council wanted to rehear or
reconsider. The verified complaint is something that is required to
be filed before someone can actually file a lawsuit. The City
Council has a 30 day window of opportunity to respond to it and
does not have to respond if they choose not to. Attorney Acton
suggested that the Council give the attorney the authority to
complete looking at the verified complaint and allow the attorney
to address the Council at the next meeting regarding whether they
feel the City should respond to the verified complaint. Mayor
Russo stated that if the Council did anything improper with the
approval of the communication tower, the easiest way around the
legal issues was to rehear the case.
ITEMS FOR COUNCIL
ACTION
ArtiGras 1997 Councilwoman Monroe made a motion to approve ArtiGras 1997,
seconded by Vice Mayor Furtado. Mayor Russo stated that he
relayed to the Chambers that he was not excited to find out that
many local artists are not participating in ArtiGras because it has
become a nationally recognized event and they are now rating the
artists for their inclusion. The City Manager was directed to relay
this information to the Chamber of Commerce, letting them know
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that the Council agreed on this issue.
The motion was unanimously carried.
ITEMS FOR
DISCUSSION
Northlake Reliever Vice Mayor Furtado stated that the City needed to approve a
Resolution to send to the County in support of the Northlake
reliever - Military Trail to Congress Avenue. Vice Mayor Furtado
stated that the reliever road in no way impacted Grove Park
Elementary School.
Rich Walton, Planning and Zoning Director, stated that the County
was proposing to realign the western portions of this reliever. The
only discussion the County is going to consider is how to proceed
west of Congress Avenue. The alinement as the County approved
it was the northern alinement that goes right south of the school
and just south of The Oaks development. The proposal is to swing
the road south and follow along the canal, with parts of the canal
having culverts. Mr. Walton stated that the City Council needed to
decide whether they wanted to support the northern alinement, the
southern alinement or have no comment at all.
City staff was directed to draft a resolution supporting the southern
alinement.
CITY MANAGER REPORT City Manager Herakovich reported the City was awarded the
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Consumptive Use Permit for the Municipal Complex, so any
pumping situations that never had approval from South Florida
Water Management District are now in compliance.
The Sustainable Communities designation was not awarded to the
City. City Manager Herakovich stated that it turned into a very
political designation award and she did not feel that it was that
important to the City.
City Manager Herakovich reported that Juno Beach would have an
open house on Friday from 10:00 a.m. to Noon and invited all
Council members to attend and to the Conservation Fund Charette
with the MacArthur Foundation on 1/29/97 regarding the 1600 acre
piece of land within the City. Various cities and county officials
have been invited and since the property is in the City, City
Manager Herakovich felt it was important that someone from the
City Council attend.
Rich Walton stated that staff needed direction regarding what to
say at the charette. Mayor Russo stated he could not attend. City
Manager Herakovich stated that whatever is decided at the charette
would have some pretty powerful people behind it and felt it was
appropriate for the City to be involved. Mayor Russo felt that if
this property involved our City then the Council should have been
involved in the planning of the meeting and felt that the City
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should have coordinated the meeting. City Manager Herakovich
stated that several months ago the Foundation decided to meet with
all the environmental groups concerning the management plans for
the slough rather than fight with them later. In doing so, the
Foundation asked the City to attend. Kim Glas Castro and the City
Manager attended the first meeting and at a subsequent meeting it
was decided the best approach to this issue was to have a charette.
City Manager Herakovich was directed to publicly notice the
meeting in case various members of the City Council attended the
charette.
City Manager Herakovich thanked the Council for their patience
when directing staff to enforce codes or make changes such as
bringing the merit system up to date.
City Manager Herakovich stated that the architects for the new
Municipal Complex will be presenting a revised site plan and
architectural drawings at the first meeting in February.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:26 p.m.
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APPROVAL
7 sephl . Russo
ren ayor Lau
Furtado
MWO—K—lap Linda Monroe
Councilman David Clark
Attest:
Cindy HarO/ey, Deputy City Clerk