HomeMy WebLinkAboutMinutes Council 091596CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
SEPTEMBER 5, 1996
The Regular Meeting of the City Council of the City of Palm Beach
Gardens 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 City Clerk and the following elected officials
were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor
Lauren Furtado, Councilman Eric Jablin, and Councilman David Clark,
Councilwoman Monroe was not in attendance as she was out of town.
DECLARING THE
RESULTS OF THE
ELECTION Mayor Russo expressed his thanks to all the volunteers that supported the
City's Bond Referendum Election and Charter Amendments Election that
was held on Tuesday, September 3, 1996, Mayor Russo also thanked Mr.
Gruenwald, Ronda Lynn, City staff and all residents who took the time to
vote during this election.
Mayor Russo expressed his concern with an illegal, negative mailing that
was sent to some of the residents a few days before the election. The
mailing contained misleading statements, and Mayor Russo felt that some
of the information contained in the mailing may have had a negative
CITY COUNCIL REGULAR MEETING, 9/5/96
impact on those casting their votes. Mayor Russo stated that he would like
to see the City do an investigation to find who did the mailing, and if
found, stated they would be prosecuted.
Resolution 142,1996 Councilman Clark made a motion, seconded by Vice Mayor Furtado to
approve Resolution 142, 1996, Declaring the Results of the City's Special
Referendum Election and Charter Amendments Election that was
Conducted on September 3, 1996. The motion was unanimously carried.
PRESENTATIONS
Distinguished Budget
Award Mr. Mery Timberlake, Finance Director of Boca Raton, presented a plaque
awarding the City of Palm Beach Gardens the Distinguished Budget
Award. Mr. Timberlake stated that there were only 5 cities in Palm Beach
County that have received this award and outlined the strict guidelines
followed in order to receive the award. Mayor Russo and the City
Council thanked Mr. Timberlake for the award and Finance Director Kent
Olson for his hard work in bringing the City to this level of stability with
the City's budget.
Spotlite Players Mr. Lou Tomasovic of the Spotlite Players thanked the City Council for
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their support over the many years they have been located in the City of
Pahn Beach Gardens. Mr. Tomasovic invited the members of the Council
to attend their performances throughout the year.
AWARDING OF
BIDS
Oaks Park Tennis
Courts City Manager Herakovich reported that the City received 3 bids for the
construction of two lighted tennis courts for Oaks park. Staff
recommended David Jarrell Construction of Palm Beach Gardens be
awarded the bid in the amount of $47,550 as it was the lowest bid.
Councilman Clark made a motion to approve the awarding of the bid to
David Jarrell Construction in the amount of $47,550, as recommended by
staff. Councilman Jablin seconded the motion, which was unanimously
caried.
Health and Dental
Insurance City Manager Herakovich reported that the City received bids for health,
life and dental insurance and staff was recommending the bid be awarded
to Humana for the health and United/Met Life for the dental and life
insurance portion. The City's Agent of Record, Kurt Gehring addressed
the City Council, comparing the benefits with Anthem, the City's current
provider. Mayor Russo expressed his concern with HMO's and possible
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problems in the change to employee benefits. Finance Director Olson
explained that the City's employees were getting a broader base of benefits
and were not losing any benefits that were currently provided.
Harry Briglio, SEIU representative, addressed the City Council and
expressed his displeasure that the unions were not given a 30 day notice
that this change would possibly take place.
Councilman Clark made a motion to approve the awarding of the bid for
health, life and dental insurance as recommended by staff, to Humana and
United/Met Life. The motion was seconded by Councilman Jablin and
unanimously carried.
ITEMS BY MAYOR
AND COUNCIL THAT
REOUIRE ACTION
Vice Mayor Furtado Vice Mayor Furtado stated that the Metropolitan Planning Organization
would be meeting on September 19, 1996, and discussing important traffic
issues that affect Palm Beach Gardens such as the turnpike exchange and
flyover. Vice Mayor Furtado invited members of the Council to attend the
meeting.
Vice Mayor Furtado reminded the Council that they promised to form a
Task Force for the beautification of the older neighborhoods.
CITY COUNCIL REGULAR MEETING, 9/5/96
CONSENT AGENDA
Vice Mayor Furtado asked that Resolution 143, 1996, be pulled from the
Consent Agenda as she had a question regarding that issue.
Councilman Clark made a motion, seconded by Councilman Jablin,
to approve the Consent Agenda, except Resolution 143, 1996. The motion
was unanimously carried. The following items were approved on the
Consent Agenda:
1. Proclaiming September 17 -23, 1996 as "Constitution Week"
2. Resolution 134, 1996 - Consideration of Approval of the Plat of
Ballenlsles POD 22.
RESOLUTIONS:
Resolution 143,1996 Vice Mayor Furtado stated that staff had recommended approval of
Resolution 143, 1996, approval to authorize the City Manager and City
Clerk to execute an Interlocal Agreement between Palm Beach County and
the City to participate in the Forestry Partnership Program. Vice Mayor
Furtado stated that staff's recommendation was to support this in an
amount not to exceed $500, however, Vice Mayor Furtado stated she
spoke with Jeff Coons and recommended that the City try to do better than
$500. Vice Mayor Furtado pointed that the City has received grant monies
from the Beautiful Palm Beaches and has been fortunate to have a City
Forester on staff. Councilman Clark stated that one of the things the City
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does besides contributing money was offer the talent of the City Forester
as part of the partnership, providing a balance in the partnership. Mayor
Russo stated that he had a problem giving more than $500 and taking just
a minor membership in the Economic Development Board. Vice Mayor
Furtado recommended a donation of $1000.
Councilman Clark made a motion to approve Resolution 143, 1996, and
that the City contribute $1000 to the Forestry Partnership Program. The
motion was seconded by Councilman 7ablin and unanimously carried.
PUBLIC HEARINGS
Ordinance 17, 1996 Mayor Russo declared the Public Hearing open, which was advertised by
the Property Appraiser's Office via the mailing of the proposed tax bills.
There being no comments from the public, Mayor Russo declared the
Public Hearing closed. Councilman Clark made a motion to place on first
reading, Ordinance 17, 1996, levying a tax on real and personal property
located within the corporate limits of the City of Palm Beach Gardens,
Florida, for the year ending December 31, 1996; affixing a total valuation
thereon and tax rate thereon for said year; adopting a fiscal budget for the
fiscal year beginning October 1, 1996, and ending on September 30, 1997,
inclusive; appropriating funds for expenditures; providing for the repeal of
ordinances in conflict herewith; and, providing for an effective date.
CITY COUNCIL REGULAR MEETING, 9/5/96
Councilman Jablin seconded the motion, which was unanimously carried.
Resolution 100, 1996 Mayor Russo reopened the Public Hearing for Resolution 100, 1996,
consideration of approval for a conditional use for the construction of
three (3) 363 -foot communication towers. Mayor Russo stated that the
purpose for this Public Hearing being on this agenda was to announce a
date and time certain as well as a location for the public hearing to be held.
Councilman Jablin made a motion to recess the Public Hearing to
September 26, 1996, at 7:00 p.m. at the Palm Beach Gardens Community
High School Auditorium. The motion was seconded by Councilman Clark
and unanimously carried.
Resolution 133,1996 Marty Minor, Planner, addressed the City Council and stated that
Resolution 133, 1996, has been discussed by the City Council and that this
meeting was the required advertised public hearing. Resolution 133, 1996,
was consideration of approval authorizing and directing the Mayor to sign
the Statement of Interest and Application for Designation Under the
Florida Sustainable Communities Demonstration Project.
Mayor Russo declared the Public Hearing open. There being no
comments from the public, Mayor Russo declared the Public Hearing
closed. Councilman Clark made a motion to approve Resolution 133,
1996. The motion was seconded by Councilman Jablin and unanimously
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carried.
Resolution 138, 1996 Mayor Russo declared the Public Hearing open. There being no
comments from the public, Mayor Russo declared the Public Hearing
closed. Councilman Clark made a motion, seconded by Councilman
Jablin, to approve Resolution 138, 1996, consideration of approval of a
conditional use in the M -1, Research and Light Industrial Park District, for
a Veterinary Clinic within the Palm Beach Gardens business Park. The
motion was unanimously carried.
RESOLUTIONS
Resolution 120,1996 Planning and Zoning Director Richard Walton suggested that Resolution
120, 1996, be amended to replace the word "waiver" with "minor
amendment' throughout the resolution.
Vice Mayor Furtado made a motion to approve Resolution 120, 1996,
consideration of approval of a waiver to allow a reduction in the rear
building setback of Lot 50, POD 13 -A located in the BallenIsles PCD.
The motion was seconded by Councilman Jablin and unanimously carried.
Resolution 135,1996 Planning and Zoning Director Richard Walton detailed the request for
consideration of approval to amend the Sunset Bay Planned Unit
Development (Parcel 17) to allow an additional floor plan Model "F -2 ".
Vice Mayor Furtado made a motion to approve Resolution 135, 1996. The
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motion was seconded by Councilman Clark and unanimously carried.
Resolution 136, 1996 Planning and Zoning Director Richard Walton detailed the request for
consideration of approval to amend the exterior colors in the design
guidelines (from pink to green), for Parcel M -36, known as General
Pointe, located on Championship Drive within the PGA National Planned
Community District. Vice Mayor Furtado made a motion to approve
Resolution 136, 1996, seconded by Councilman Jablin and unanimously
carried.
Resolution 137, 1996 Planning and Zoning Director Richard Walton detailed the request for
consideration of approval to amend the signage for the North County
Surgicenter located on the south side of Burns Road and immediately east
of Interstate 95. Councilman Clark made a motion to approve Resolution
137, 1996. Councilman Jablin seconded the motion, which was
unanimously carried.
Resolution 139,1996 Planning and Zoning Director Richard Walton stated that this was a
request for a waiver from the side yard setback requirement of 7.5 feet for
Lot 112 at the St. James Planned Unit Development in the Ballenlsles
Planned Community District. The waiver request is the result of an error
by J.J. Gibson and Associates, Inc. Land Surveyors. While conducting a
form board survey on 10/5/95, they mistakenly showed that the form
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boards met the required 7.5 foot setback. A second survey was conducted
on 2/28/96 when the residence was 90 percent complete. The new survey
showed that the residence actually had a side -yard setback of 6.75 feet at
the front and 5.33 feet at the rear. The adjoining residence on Lot 113 is
setback more than 7.5 feet providing the minimum separation of 15 feet
between the homes. Attorney Steven Mathison, agent for Mr. and Mrs.
Kalt, stated that the City Council was not to decide on monetary damages,
but to rule on the setback waiver request. Attorney Mathison stated that
neither the owners of Lot 112 or Lot 113 was responsible for the error
made by the surveyor, but were now seeking to have the problem solved.
It was the decision of the City Council that Resolution 139, 1996, be
postponed to the 9/19/96 agenda and instructed the neighbors to work out
a solution to the problem that was agreeable to both sides.
Resolution 140,1996 Planning and Zoning Director Richard Walton detailed the request for
consideration of approval of an amendment with a waiver to the
Community Savings Site Plan located at the Northwest Corner of Shoppes
on the Green within the PGA National PCD and adjacent to Fairway Drive
to the west and Fairway Lane to the north.
Vice Mayor Furtado made a motion to approve Resolution 140, 1996, with
an amendment to add an additional condition that would state "Palm
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Beach Community Savings, the future leaseholder, shall be responsible for
maintenance of the office site and any landscaping associated with the
project. Councilman Clark seconded the motion, which unanimously
carried.
ITEMS BY THE MAYOR
AND CITY COUNCIL
Vice Mayor Furtado In response to Vice Mayor Furtado, Assistant City Manager Greg Dunham
reported that work on the modulars would be subbed -out and that once the
moving contractor was finished setting the trailers in position, work would
begin to finalize the project.
Mayor Russo Mayor Russo reported that he attended a meeting this date of the North
County Economic Advisory Board and was excited about work being done
to bring businesses to North County.
Mayor Russo asked the City Manager for a time line on steps that have
taken place regarding negotiations with IAFF.
CITY MANAGER
REPORT City Manager Herakovich requested that the City Council meet in
Executive Session on September 12, 1996, at 7:30 P.M. to discuss union
negotiations. Mayor Russo and Vice Mayor Furtado had already made
commitments for that date. It was determined that the City Council
members would call the City Manager on September 6, 1996, with
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possible meeting dates.
City Manager Herakovich reported that Architects Design Group would be
at the October 3, 1996, City Council meeting to present several design
options to the City Council for the proposed Municipal Complex.
CITY ATTORNEY
REPORT City Attorney Thomas Baird introduced Carol Wallace who has been hired
by their firm to work on City matters.
ADJOURNMENT There being no further business to discuss, the meeting was adjourned at
9:53 p.m.
APPROVAL:
Joseph R. Russo inda Monroe
Vide Mayor Lauren Furtado Council Eric blin
Councilman David Clark
ATTEST:
k.inda V. Kosier, CMC, City Clerk
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