HomeMy WebLinkAboutMinutes Council 012397CITY COUNCIL
CITY OF PALM BEACH GARDENS
SPECIAL REGULAR MEETING
JANUARY 23, 1997
The January 23, 1997, Special 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 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 David Clark. Councilman Jablin arrived at 7:36
P.M.
Mayor Russo announced that this meeting was not a code
enforcement meeting, but was a meeting of the City Council in
coordination with staff and the Code Enforcement Board over
enforcing the codes and the laws of the City. Mayor Russo added
that this was not a meeting to hear from residents that felt they bad
been cited for something they did not think was fair and were
looking for some type of solution this evening.
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City Attorney Paul Golis advised the Council that the Code Board
had jurisdiction over all code enforcement cases and not the City
Council. Any citations issued by the Code Enforcement staff could
not be resolved this evening.
Mayor Russo asked that the residents treat the City Council with
respect and asked for no clapping and shouting during the meeting.
Mayor Russo stated that the Council would give everyone an
opportunity to voice their opinion, but they could not speak out
from the audience.
Mr. Thomas Mr. Thomas stated that he came to this evening's meeting because
he did not know about the new regulations regarding recreational
vehicles and wanted to know if the Council would be discussing
that subject this evening. Mayor Russo explained the appointment
of a Task Force and the work done by those residents that resulted
in the City Council adopting regulations. Mayor Russo assured
Mr. Thomas that the Council would listen to problems experienced
by the residents at the appropriate time during the meeting.
Reordering Agenda Councilman Jablin made a motion to reorder the agenda to
consider Resolutions S, 14, and 15, 1997, after Items for
Discussion.
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ITEMS FOR
DISCUSSION
Turnpike Interchange Richard Walton, Planning and Zoning Director, stated that the
Council received a copy of Mr. Ecclestone's feasibility study. Vice
Mayor Furtado stated that at the last MPO meeting they asked that
the City put together a packet of concerns regarding the Northlake
Boulevard/Turnpike Interchange. Vice Mayor Furtado stated she
met with one of the representatives of the Turnpike Authority, and
as it stood now the City was second on the list for consideration,
however, because the interested parties, including the MacArthur
Foundation, have agreed to work with the MPO, there were no
major issues. Vice Mayor Furtado stated that scenario "F" in the
packet was the most favored configuration as it did not impact the
residents, the golf course, the Water Control District or any of the
maintenance sheds. Vice Mayor Furtado stated another feature of
this scenario was that rather than using a lot of concrete, steel and
walls, they would use earth walls to make it look very natural.
Vice Mayor Furtado explained that the toll booth would be located
in the southwest quadrant and would also try to line up the entrance
across from the Commerce Park entrance. Vice Mayor Furtado
stated that any issues that concerned the Council could be included
in the packet sent to the MPO and reminded members of the public
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that the interchange was not a "done deal ", but was open to
comments from the public. Vice Mayor Furtado stated that the
City was sending a packet to receive consideration by the MPO and
so that another municipality would not get the funding first.
Vice Mayor Furtado stated that it was important for the City to let
the State know that they support the concept as long as it met the
City's criteria. Councilwoman Monroe stated that she would like
to see elevations to show where the on -off ramps would be located.
Fred Nessle Fred Nessle, Arbor Way, addressed the Council stating that he did
not want more traffic on Northlake Boulevard coming off the
Turnpike. Mayor Russo stated that the County changed the plans
for Jog Road through PGA National because there was a proposed
Turnpike interchange at Northlake Boulevard.
Vice Mayor Furtado stated that staff needed to send required
information to Randy Whitfield and the Turnpike Authority and
asked to include the most recent studies and a list of all projects
approved since 1991. It was the consensus of the City Council to
send this information as requested.
Code Enforcement Byron Pepitone, Code Enforcement Supervisor, addressed the City
Council and introduced the Code Enforcement Officers. Mr.
Pepitone explained the Code Enforcement Process and the recent
efforts made toward the enforcement of City codes. Mr. Pepitone
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stated the enforcement of City Codes was more proactive than it
has been in past years and communications and new procedures
have been implemented. Mr. Pepitone stated that Code
Enforcement Officers receive continuing education through FAU
and FACE (Florida Association of Code Enforcement Officers)
which provides accreditation. Mr. Pepitone stated the first priority
of the Code Enforcement Officers was to handle the complaints of
the citizens. The second priority was sign violations and
unlicensed vehicles. Residential parking, parking of vehicles over
3/4 ton, the new ry /boat ordinance and over grown lots are the third
priority. The goals for improvement in the Code Enforcement
Division over the next couple of years was to create a public
information campaign to educate the public re: City Codes.
Articles will be included in the newspaper for public education and
staff will continue to support certification of all Code Enforcement
Officers. Coordination with the Police Department is important to
Code Enforcement, and officers have called on code enforcement
staff from time to time for code violations.
Mr. Pepitone reviewed code enforcement procedures from the
receipt of a complaint to a hearing before the Code Enforcement
Board that could result in a lien against a property. Mr. Pepitone
stated that these procedures were spelled out in the Florida
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Statutes. In the last 3 months, Code Enforcement staff has issued
approximately 80 -125 citations per month and has presented an
average of 10 case per month to the Code Enforcement Board.
Mr. Pepitone outlined the various approaches to code enforcement
that were available to the City.
Vice Mayor Furtado stated that she viewed Code Enforcement as a
problem solver and felt that the Police Department had
accomplished showing the community a better side of policing.
Vice Mayor Furtado thought that Code Enforcement should also
show people how to come into compliance with City codes and
thought that this was where problems have occurred. Vice Mayor
Furtado felt that enforcement techniques needed improvement.
Mayor Russo felt that the proper balance had to be achieved by
staff in enforcing the Codes. Mayor Russo stated that there had
been a lack of enforcement for many years and felt that perhaps the
education of the public should first take place before a hard line
approach to enforcement.
Vice Mayor Furtado stated that she thought that the Neighborhood
Task Force would be able to help with some of the problems,
encouraging neighbors to help neighbors instead of promoting
fighting among neighbors,
Councilwoman Monroe stated she was in favor of code
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enforcement and suggested staff give some consideration to a
procedure that would have them leave a note on someone's door if
they noticed a violation. Councilwoman Monroe felt that this
would be more of a helpful gesture instead of a citation.
Councilman Clark stated that in order for the code enforcement
process to work, the City Council had to dedicate more resources
to the task. Councilman Clark stated that the code enforcement
effort was just getting off the ground and felt that the first message
that needed to be sent to the code enforcement staff was that the
Council supported the effort and a message to the residents would
be to tell them what the laws were and how they would be
enforced.
Mayor Russo announced that the Council would now hear
comments from the residents.
Wayne Cook Wayne Cook, 4295 Dawnridge Street, stated he has owned a boat
since 1974. Mr. Cook received a registered letter and a visit from
the Code Enforcement Officer revealed that there was not room to
store the boat in his back yard. Mr. Cook stated he did not know
that there was a system in place in the City to buy a decal to allow
him to continue to park his boat as he always had. Mr. Cook felt
there was a lack of communication with the residents and asked
that an extension be granted to allow those residents that did not
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know of the new system to have time to purchase the decal. Mayor
Russo stated that the council would discuss the need to extend the
time for the purchase of the decals with the City Attorney.
Cheryl Darry Cheryl Darry, Bellwood Street, stated she too was not aware of the
new regulations regarding rv/boats and never received a letter
notifying her of the new regulations.
Councilwoman Monroe explained the discussions held by the Task
Force regarding the rv/boats and stated that a process was
developed whereby information would be recorded so that once a
property was sold and new residents moved in they would be
informed that ry /boats could not be parked in the front yard.
Ms. Darry stated that she did not want a fence around her yard for
safety reasons, pointing out that she wanted to be able to see her
neighbor's house and wanted her neighbors to be able to see her
house. Ms. Darry stated she was in law enforcement and knew
what it took to prevent crime and putting a fence up contradicted
preventative crime measures.
Councilwoman Monroe stated that whatever the Task Force would
have decided there would be unhappy residents and asked Mr.
Pepitone if the ordinance required a fence between the front or
back of the rv/boat or just between you and your neighbor. Mr.
Pepitone stated that the enclosure had to be screened on all sides
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from abutting property. Councilwoman Monroe stated that she did
not feel that any of the members of the Task Force believed that
would be the interpretation.
Seymour Fine Seymour Fine, owner of property located within Palm Beach
Gardens, addressed the City Council stating that most of the efforts
of the Task Force was towards single - family residences, and yet
there are other communities within Palm Beach Gardens, namely
Golfers Village. Mr. Fine stated that renters were not notified,
consequently some of the people in these communities who had the
same right of parking ry /boats on the property were not notified.
Mr. Fine stated he was cited for having an oversized vehicle parked
on his property, and stated that he would have appreciated a
telephone call first informing him of the violation. Mr. Fine asked
that the City Council revisit the ordinance after hearing all
comments from the residents.
Pat Hughey Pat Hughey, 9120 Reed Drive, stated there was need for code
enforcement. The code enforcement shift hours were explained to
Ms. Hughey and also that the community oriented police officers
were also noting violations around the clock. Ms. Hughey stated
she would volunteer to sit on a committee that would revisit the
ordinance regarding rv/boat parking and/or updating of City codes.
Ms. Hughey stated that some of the codes were out -dated and
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needed to be reviewed. Ms. Hughey suggested at future meetings
the Council use an overhead projector so that members of the
audience could view the same materials as the Council had in their
package.
Laura Knapp Laura Knapp, 413 Riverside Drive, asked who regulated the Code
Enforcement staff or codes, and complained that she did not have
the money to comply with some of the new codes of the City. Ms.
Knapp stated that she recently took a course on Professional Image
and Etiquette and felt that the code enforcement staff needed to
take the course. Ms. Knapp stated her fiance is on call in his work
for the City and would not be able to bring his City vehicle home
and park it because it would be a commercial vehicle.
Vice Mayor Furtado stated that at the last Council meeting they
decided to appoint a Task Force to look at the commercial vehicle
regulations in hopes of perhaps grand fathering in some of those
vehicles that have been in existence, much like what was done in
the rvlboat ordinance.
Robert Angelino Robert Angelino, 4335 Dawnridge Street, addressed the Council
stating he was against the six foot fence to screen his boat from his
neighbor. Mr. Angelino felt it would be better to contact violators
through a contact person on each street.
Bob Bervinsky Bob Bervinsky, Dawnridge Street, Mr. Angelino's neighbor, stated
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when he inquired as to regulations regarding rv/boats the Code
Enforcement staff had no information and objected to the
requirement for a hedge in front and in back of the boat. It was
also suggested that the Code Enforcement staff talk to the residents
instead of just taking pictures of violations.
Betty Petruzzi Betty Petruzzi, resident of the City, stated she wanted fairness from
the Code Enforcement staff and complained that Code
Enforcement staff were speeding up and down her street. Ms.
Petruzzi complained about trash cans needing to be screened. Ms.
Petruzzi stated that she did not want to live behind a six foot fence
because of safety issues.
Rodney Rainey Rodney Rainey, 4328 Arbor Way, stated he received a second
notice of a violation. Mr. Rainey stated that he comes home for
lunch every day and every day a code enforcement officer comes
by and takes a picture of the truck. Mr. Rainey felt this was
harassment. Mr. Rainey stated he was told by Mr. Pepitone that a
neighbor called in the complaint and could not give him the name
because it was not public record. Mr. Rainey stated he was ready
to move out of the City because of the harassment.
Carol Smaldon Betty Petruzzi spoke for Ms. Smaldon, stating that after the last
meeting when Ms. Smaldon spoke, she called the following day to
apologize because she felt she was rude to the City Manager. Ms.
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Petruzzi stated that Ms. Smaldon did not apologize for what she
said or felt.
Sam Snyder Sam Snyder, 11939 Hemlock Street, stated that he has had a boat
for a number of years and use to pay the Village of North Palm
Beach $12 per year for a place to not only store his boat, but to
work on, wash and repair. Mr. Snyder stated he built a pad in the
back of the house for his boat, but now it is in non - compliance.
Mr. Snyder stated that he did not know about the decal and did not
purchase a decal during the time frame allowed. Mr. Snyder asked
for reconsideration of the time frame to purchase the decal.
Mr. Thomas Mr. Thomas, 4270 Arbor Way, addressed the Council expressing
his concerns with the required fencing requirements of the rv/boat
ordinance, stating that he felt it compromised his safety. Mr.
Thomas stated he did not receive notice of the new rv/boat parking
requirements. Mr. Thomas stated that a six foot high fence would
not only be expensive, but would be unsightly and cause a security
problem. Mr. Thomas stated that he had until January 29, 1997, to
comply, but the cost of the decal was a hardship and he could not
comply by that date. Councilwoman Monroe stated the worst that
could happen was that Mr. Thomas would have to appear before
the Code Enforcement Board, who in turn would give him
additional time to comply.
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Paul Golis Attorney Golis stated that the Code Enforcement Board would be
addressing this issue at their next meeting and he has specifically
asked that individual cases not be addressed.
Mayor Russo Mayor Russo did not see the need for people who have been cited
because of their failure to either purchase a decal for their rv/boat
or improperly screened their rv/boat enclosure to go before the
Code Enforcement Board when the City Council was considering a
moratorium on the rv/boat parking ordinance.
Paul Golis Attorney Golis stated that there were 3 options available to the City
Council. Staff has the obligation to enforce the Code as it is now
in the ordinance. The City Council could repeal the ordinance;
have a moratorium ordinance in place and have the Neighborhood
Initiative Task Force make recommendations to the City Council
for changes to the existing rv/boat ordinance; or, the City Council
could have those cited regarding their rv/boats apply for a variance
to the Code.
John Zearly John Zearly, 9232 Applecrest Drive, stated that the City was in
violation because of the uncleanliness of the canal by his house.
City Manager Herakovich stated that the City was in the process of
maintaining canals that have not been maintained for many years,
however, it will take the City 3 -5 years to take care of all the canals
and bring them up to standards. Bob Patty, Public Works Director,
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stated that the canal along Applecrest was dredged, however, stated
they are now attempting to spray the canal to get rid of the aquatics
that grow in the canal. Mr. Patty stated that he would look at this
canal and get back to Mr. Zearly. Mr. Zearly stated that he could
not comply with the rv/boat ordinance requirements and would
have to move out of the City.
John Zurick Mr. John Zurick, 4422 Birdwood Street, stated he has been a
resident since 1975 and chose the neighborhood because of certain
benefits. Mr. Zurick stated that he felt the City Council over-
stepped their bounds with new requirements for ry / boats. Mr.
Zurick complained about treatment from Code Enforcement staff
and stated that the City was passing too many laws interfering in
the private business of the residents. Councilman Clark stated that
he understood what Mr. Zurick was saying and felt it was
incumbent on the City Council not to seek to respond to all
expressed problems by passing another law because there would be
too many laws for people to understand.
Linda Hughey Linda Hughey, Reed Drive, stated that she sat on the RV/Boat Task
Force and detailed the efforts made by that committee. Ms.
Hughey felt there were severe communication problems between
the administration and the residents of the City.
Vice Mayor Furtado Vice Mayor Furtado stated that one of the reason she urged the
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Council to appoint a Neighborhood Initiative Task Force was to
find a fine line so that the City could be saved from what happen to
Lake Park, Riviera Beach, and West Palm Beach. Vice Mayor
Furtado stated that it was important for the residents to work
together so that they could keep their quality of life. Vice Mayor
Furtado stated that it was important for the City to have standards
and guidelines because while some residents really cared about the
City, there were those that were in a financial bind that could not
always afford to do what was necessary.
Mayor Russo stated that it was now up to the City Council to
decide how to handle the problems with the rv/boat ordinance.
Councilwoman Monroe stated that she was in favor of a
moratorium and an amendment to the rv/boat ordinance. Vice
Mayor Furtado stated that at the last meeting the Council discussed
doing the same with the parking of the commercial trucks. The
Council did not agree that a moratorium be placed on the
commercial vehicle parking regulations. It was pointed out that
people with commercial vehicles that were found in violation were
able to apply for a variance from the Code. Mayor Russo stated
that the laws in the City have not been enforced I I or 12 years and
felt that the residents needed time to comply with certain
regulations. Mayor Russo stated that another solution to the
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problem with parking restrictions was to find a place where the
residents could park their commercial vehicles and rviboats.
Mayor Russo stated that first reading of an Ordinance to place a
moratorium on certain sections of the rv/boat ordinance would take
place at the next Regular meeting of the City Council, however,
meantime those sections of the Code would not be enforced.
Councilwoman Monroe suggested, and the Council agreed, to
appoint 11 members to the Neighborhood Initiative Task Force.
The Council also agreed to have a representative of the business
community as well as a representative of rental property to sit in on
the Task Force meetings.
RESOLUTIONS;
Resolution 8, 1997 The City Council agreed to consider Resolution 8, 1997,
appointment of members to the Neighborhood Initiative Task
Force, at their next Regular meeting.
Resolution 14, 1997 Vice Mayor Furtado made a motion to approve Resolution 14,
1997, opposing the expenditure of $9.5 million on the High Speed
Rail Study and Supporting the money to be spent on the
construction of sound barrier walls along I -95. Councilman Jablin
seconded the motion, which was unanimously carried.
Resolution 15, 1997 Vice Mayor Furtado stated that she was concerned when she read
an article in this morning's newspaper that because of a potential
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lawsuit from The Oaks and DiVosta they would have to pull back
the approval of the southern route because the northern route
impacted The Oaks and DiVosta community more. Vice Mayor
Furtado made a motion to approve Resolution 15, 1997, supporting
a southemly alignment for the Northlake Reliever, seconded by
Councilman Jablin. The motion was unanimously carried.
ITEMS FOR DISCUSSION
Swales City Manager Herakovich updated the Council on swales and what
work had been done and what was planned for the future. Mrs.
Herakovich stated that staff had a list of 10 more areas that needed
work, however, with a 4 man crew it would take some time to
complete the list.
Goals and Objectives City Manager Herakovich stated that for the last couple of years
the City Council has put together a list of Goals and Objectives for
a work program. Mrs. Herakovich stated that the City Council had
been given a list and asked that they prioritize the items listed.
Mayor Russo felt that "Communication" should be a first priority.
Councilwoman Monroe stated that she would like to see the City
Signs put high on the priority list, and Councilman Clark agreed.
Mrs. Herakovich stated that the Task Force would be a high
priority as well as revisiting the City's Codes. Councilman Clark
stated that recommendations for Code review would come from
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Code Enforcement. Mrs. Herakovich stated that the new
Municipal Complex would require a lot of staff and Council time
and would be a high priority for the next couple of years. Mrs.
Herakovich stated that there may possibly be a requirement by the
DCA to have an advisory committee for the City's Comprehensive
Amendments Vice Mayor Furtado stated that the Recreation
Advisory Board be assigned some of the tasks listed as goals and
objectives and asked that the City Manager identify those items
that could be given to that Board. Councilman Clark felt that some
of the items that were listed as a third priority could also be
accomplished under the Municipal Complex heading (purchase of
church site, site master plan for the property, etc.). Councilwoman
Monroe stated that she received a telephone call regarding the
Public Works property being 14 points deficient in complying with
City Codes and suggested those points that could be brought into
compliance be considered for the goals and objectives list. City
Manager Herakovich stated that this was a day to day issue,
however, one issue left over from last year's goals and objectives
was the future of the Public Works site and the need for research
regarding that site. It was decided that a future park site would be
a number one priority. City Manager Herakovich stated that a
salary study would be done this year as well as the negotiating of a
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new cable franchise agreement. It was also decided that the impact
fee study needed to be completed and implemented. Vice Mayor
Furtado stated that there was an Interlocal Agreement between the
City and the County in 1988 that stated the City would actively
pursue annexation of pocket areas, and felt that should be looked
into during this year. Councilman Clark and Mayor Russo stated
that they were uncomfortable bringing additional lands and
residents into the City until communication was improved with
existing residents and some of the proposed goals and objectives
were met. City Manager Herakovich stated that perhaps staff could
do a better job of placing a follow up call to those areas that have
expressed an interest in annexation.
CITY MANAGER REPORT City Manager Herakovich stated that staff had 3 major projects
being worked on and asked if the Council received any telephone
calls regarding these projects, they call her for updates. Staff met
with the MacArthur Foundation last week to determine park
designations and future credits and will be coming back to the City
Council with various options.
CITY ATTORNEY REPORT
Mayor Russo stated that the City Attorney was to report tonight on
the Verified Complaint issue. Attorney Paul Golis stated that the
Verified Complaint was discussed by legal staff and would be
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brought before the City Council on February 6, 1997, as there was
a Motion for ReHearing by Attorney Fields. The City Attorney's
office was of the opinion that no discussion or comment should be
made until there was a full presentation made by Attorney Fields at
the 2/6/97 meeting. The City Attorney stated that it was premature
to discuss this matter at this time. Attorney Golis stated that this
would be scheduled for an agenda item at the 2/6/97 City Council
Regular Meeting.
CITY MANAGER REPORT City Manager Herakovich wished Cindy Harvey, Deputy City
Clerk, a Happy Birthday and wished Councilman Clark a Happy
Birthday as well.
ITEMS BY MAYOR
COUNCIL
Councilwoman Monroe Councilwoman Monroe referenced an article in the CityLine that
stated there was no parking allowed in the swales. After doing
some research, Councilwoman Monroe stated that she learned
residents could not park on the streets as well. Councilwoman
Monroe stated that the Codes used to allow parking on the swales
with twelve inches parked in the streets so that the swales were not
ruined. Councilwoman Monroe asked that staff draft a document
to allow parking on swales, with 12 inches allowed in the streets
and research Codes to ensure that this would not be a conflict with
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any other sections of the Code. Councilman Clark agreed with the
need for this amendment to the Code.
ADJOURNMENT: There being no firither business to discuss, the meeting was
adjourned at 11:28 p.m.
APPROVAL
a d6siiph C Russ v
r
/ 61
Vice Mayor Lauren Furtado
ATTEST:.
f,
Cindy Harvey, Deputy City Clerk
_Councilwoman Linda Monroe
Coachman Eric Jab'lin
Councilman David Clark