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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. 2 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. 91 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 4 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 3 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 6 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 7 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 8 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 9 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 10 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 11 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. 12 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. 13 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, 14 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 15 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 16 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 17 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 18 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 19 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 20 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 21 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