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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 is 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, 3 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 4 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. 5 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 6 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 8 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. 9 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 10 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 11 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 12 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. 13 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, 14 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, 15 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 16 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 17 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. 18 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 19 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 20 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 21 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 22 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 23 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. 24 APPROVAL 7 sephl . Russo ren ayor Lau Furtado MWO—K—lap Linda Monroe Councilman David Clark Attest: Cindy HarO/ey, Deputy City Clerk