HomeMy WebLinkAboutMinutes Council 050495ROLL CALL
ANNOUNCEMENTS
PRESENTATIONS:
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 4, 1995
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Vice Mayor Furtado at 7:30 P.M. in the Assembly Room
of the Municipal Complex, 10500 North Military Trail,
Palm Beach Gardens, Florida, and opened with the
Pledge of Allegiance to the Flag.
The City Clerk called the roll and present were Vice
Mayor Furtado, Councilwoman Monroe, and Councilman
Jablin. Mayor Russo arrived at 7:55 P.M. Councilman
Clark was absent as he was out -of -town.
Vice Mayor Furtado stated that the announcements were
as posted on the City's Bulletin Boards.
JEFFREY ORNSTEIN Jeffrey Ornstein was honored for his eleven years of
service to the City as a member of the Site Plan
Review Committee and the Planning and Zoning
Commission.
WASTE MANAGEMENT Andy Plucinski, Sales Manager for Waste Management,
presented a check in the amount of $1,000 for
celebration of Earth Day 1995 to the City_
GREAT GARDENS CLEANUP Vice Mayor Furtado announced that the equivalent of
$11,325.24 had been donated by 163 volunteers who
participated in the Great Gardens Cleanup. The
following participation awards were presented: Youth
Challenge Award to Elizabeth Smith; Best Team Award to
Adelphia Cable Communications; and Individual
Distinguished Award to Dr. and Mrs. Milton Stern.
BIZ KIDS City of Palm Beach Gardens Biz Kids presented $1,000
to the Palm Beach Gardens Teen Center.
TEAM AWARDS City Manager Herakovich announced that new awards were
being given to employees who share their skills and
talents above and beyond their regular job duties in
an effort to assist the City in the overall goal of
offering the best possible service. The following
employees were honored: Michael DeRosa for informing
the City of available modular units from Pratt
Witney; Gisele Foster for temporary work in the Public
Works Department; Evan Bestland, Gary Bussy, and
Richard Jimenez for conducting an employee welfare
check; and Jay McKee for a Police Department crime
demonstration.
Mayor Russo suggested that the City Council review the
rules for length of service on various City Boards,
especially the Planning and Zoning Commission, to see
if changes should be made to allow an individual to
serve for a longer period of time, because of the
difficulty of finding qualified people who were
willing to volunteer their time as well as abide by
the rule that they could not do business within the
City. Councilwoman Monroe pointed out that an escape
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 3
clause existed whereby an expiring term was extended
if no other qualified person was available to serve.
AWARDING OF BIDS:
GOLF TURF MAINTENANCE Staff recommended that the low bid of ISS be accepted
for turf maintenance at the City's golf course. After
discussion, the second low bidder, Dubin and
Associates, was accepted on the basis that the City
Council was not happy with the present performance of
ISS, and felt it better to receive reports from one
firm regarding all aspects of the golf course. Motion
was made by Councilman Jablin to accept the bid of
Dubin and Associates of $284,500 for the maintenance
of the golf course turf. Motion was seconded by Vice
Mayor Furtado. Councilwoman Monroe commented that she
would vote against the motion since she was relying on
the staff recommendation. Mayor Russo stated that he
would vote for the motion since staff had originally
recommended that the turf maintenance be done by the
present golf course management company. Motion
carried by a vote of 3 -1, with Councilwoman Monroe
voting nay for reasons previously mentioned.
Finance Director Kent Olson commented regarding the
possibility of refinancing the municipal bonds on the
golf course, and explained why he did not believe it
would be cost effective at the present time.
CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 4
ITEMS BY MAYOR AND
CITY COUNCIL:
VICE MAYOR FURTADO
Vice Mayor Furtado reported that Bill Beville, a
member of the Merit Board, was in Barnes Hospital in
St. Louis where he had been accepted for experimental
lung reduction surgery, and stated that his address
was available for anyone who wished to send a card.
Vice Mayor Furtado expressed concern regarding the
possibility that the speed limit on Avenue of the
Champions might be raised from 25 to 35 since it would
affect a residential area which consisted of an
approximate half -mile section from PGA Boulevard to
Avenue of the Champions. Councilman Jablin commented
that a hazard existed because of speeders passing on
the curves. City Manager Herakovich reported that
nothing would be done until a traffic study had been
completed.
COUNCILMAN JABLIN
Councilman Jablin announced that the Education
Advisory Board would meet next Wednesday and that
guest speaker Dr. Boyle would discuss alternative
education. Councilman Jablin thanked the City Manager
for the annual report.
MAYOR RUSSO
Mayor Russo reported that the City had received a
thank -you letter from President Clinton for city
memorabilla he received during his visit. Mayor Russo
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 5
reported he had attended a breakfast sponsored by the
Private Industry Council to highlight summer jobs for
youth. Mayor Russo also reported he had attended a
recent Recreation Advisory Board meeting.
COMMENTS FROM THE
PUBLIC
FRENCHMAN'S CREEK City Manager Herakovich reported she had been advised
that a letter from the Frenchman's Creek residents
would be faxed and that she would share its contents
with the City Council. Mayor Russo reported receipt
of a letter from Mr. Searlin of Frenchman's Creek, and
commented that he planned to discuss the concerns
raised in the letter with Mr. Searlin upon his return
from out of town.
CONSENT AGENDA: Vice Mayor Furtado requested that Resolution 55, 1995
be pulled from the Consent Agenda for discussion later
in the meeting. Vice Mayor Furtado made a motion to
approve the Consent Agenda as amended. Councilwoman
Monroe seconded the motion. The motion carried
unanimously. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of 4/6/95 City Council
Regular Meeting.
2. Approval of Minutes of 4/20/95 City Council
Regular Meeting.
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 6
3. Proclaiming the month of October, 1995, as
Italian Heritage and Culture Month.
4. Proclaiming June 1 -7, 1995 as "Postpolio
Syndrome Awareness Week ".
PUBLIC HEARINGS:
ORDINANCE 8, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 4/19/95 and held on the intent of
Ordinance 8, 1995, Consideration of approval to the
Code of Ordinances, Chapter 32, (Code Enforcement
Board Ordinance) amending Section 32.31 entitled
"Jurisdiction ", for second reading and adoption. City
Attorney Baird explained that by adopting this
ordinance the City Council would not give up any
jurisdiction to enforce codes by any alternative means
which had always been available to the Council, and
that non - compliance would be a violation. There being
no comments from the public, Mayor Russo declared the
Public Hearing closed. Motion was made by
Councilwoman Monroe that Ordinance 8, 1995 be placed
on second reading by title only and adopted. Motion
was seconded by Councilman Jablin and unanimously
carried. City Clerk Linda Kosier read Ordinance 8,
1995, by title only, on second reading. Vice Mayor
Furtado requested that discussion of alternative
methods of handling code enforcement violations (i.e.)
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 7
Code Enforcement division being placed under the
Police Department be scheduled for a future meeting;
Councilwoman Monroe suggested that the experiences of
other municipalities be requested. City Manager
Herakovich reported that staff was in the process of
researching this matter.
RESOLUTION 55, 1995 City Attorney Baird explained that this Resolution,
established a policy pertaining to a conflict of
interest involving members of the City Council and
members of appointed boards and would not prohibit a
member of a City Board from working on a project
within the City. This Resolution would prohibit a
Board member from interfacing with a Board upon which
that person sat or with the City Council, since the
Council appointed the Board upon which that person
sat. For example, an architect who was a member of
the Planning and Zoning Commission could be the
architect of record on a project presented to that
Commission, however, he could not do the presentation
or answer questions from the audience, and would have
to declare conflict of interest and refrain from
voting. Motion was made by Councilwoman Monroe to
adopt Resolution 55, 1995. Motion was seconded by
Vice Mayor Furtado and unanimously carried.
RESOLUTION 56, 1995 Consensus of the City Council was to take no action at
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 8
this time on Resolution 56, 1995, Consideration of
Appointments of members to the Education Advisory
Board.
ITEMS FOR COUNCIL
ACTION:
ENVIRONMENTAL
EXPLORATIONS City Manager Herakovich requested authorization to
enter into a contract with Ardaman & Associates for
professional services to determine whether indications
existed of excessive soil and groundwater
contamination at the City's Public Works facility on
Burns Road. The requested authorization was
unanimously approved by the City Council.
UNIFIED YOUTH
SPORTS FESTIVAL A Special Event Permit was requested by the Palm Beach
County Sports Commission to hold an Olympic -style
festival for Palm Beach County youth at Blum Stadium
at Dwyer High School on May 19 and May 20, focusing on
skills events, demonstrations, and clinics. Consensus
of the City Council was that there would be no
underwriting by the City of city staff services for
the event. Motion was made by Councilwoman Monroe to
grant approval for the event conditioned upon all
proper documents as required by staff. Motion was
seconded by Vice Mayor Furtado and unanimously
carried.
VEHICLES PURCHASE Motion was made by Councilwoman Monroe to approve the
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 9
staff recommendation to purchase two 1995 Chevrolet
Corsica 4 -door sedans from Ed Morse Chevrolet for a
total price of $26,009.00. Motion was seconded by
Vice Mayor Furtado and unanimously carried.
ITEMS FOR DISCUSSION:
TIMBER HARVESTINU-=
BALLENISLES Planning and Zoning Director Rich Walton reviewed the
staff report, and explained that this was the Cityts
first request for timber harvesting within an approved
development, and that the harvested timber would be
utilized in construction on the site. Nader Salour,
representative for BallenIsles Development Company,
explained that the change in elevations which would be
required after PUD approvals would not allow survival
of the trees in question, and requested approval to
remove the trees for harvesting at this time in order
to allow the applicant to store the required fill
material that would be generated from the lake
construction on the parcels that were low to achieve
the finished elevations required under their SFWMD
permit. Mr. Salour explained that trees not
identified for harvest would be relocated within the
project and that the buffers would not be affected.
In response to monitoring concerns expressed by the
City Council, Environmental Consultant Patrick Painter
explained that the company preforming the harvesting
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 10
was only interested in the larger caliper trees.
Discussion ensued in which the following limitations
were determined by consensus of the City council:
1. 100 -foot buffers would be placed along
Military Trail on Parcels 25b and 23.
2. 25 -foot buffers would be placed on the north
side of Parcels 25a & 25b, and the applicant
would work with the City Forester on a second
25 -foot buffer on the southerly 25 feet of the
north border in order to preserve some of the
larger trees.
3. A 50 -foot area would be preserved for a future
buffer on the south end of Parcel 23.
4. Parcel 20c would have a 25 -foot buffer,
however, where appropriate staff would work
with applicant to preserve larger trees.
5. Staff would make recommendations for Parcel
Kro1lep
Councilwoman Monroe made a motion to approve the
concept of timber harvesting utilization as described
with the limitations noted above, and to direct staff
to draft a Resolution that would formally approve the
concept. Motion was seconded by Councilman Jablin and
unanimously carried.
COMMUNICATION TOWERS After discussion, it was the consensus of the City
CITY COUNCIL REGULAR MEETING, 5/4/95
CITY ATTORNEY REPORT
SURETY
CITY MANAGER REPORT
-. l.T. 11
Council that direction be given to staff to bring back
a recommendation based upon perceived deficiencies in
the existing Code, which had been approved before the
current proliferation of communication towers.
Discussion included the possibility of one tower
within the City which would accommodate many receiving
devices.
The City Attorney reviewed the current surety
requirements under the City Code, and recommended
amendment of the Land Development Regulations to allow
consistency with the City Code under the Buildings
Section to delete the reference to `private or public
improvements', and only state `improvements' so that
there would be no conflict between the two ordinances.
Attorney Baird stated that if the City Council was
concerned with landscaping that one of the
improvements included should be: "landscaping where
associated with other public improvements including
streets and in some cases drainage facilities ".
Attorney Baird also recommended consistent language in
both ordinances in regard to surety.
City Manager Herakovich announced that the Holly Drive
Committee would be reviewing the engineer's
recommendations during the next week and would then
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 12
make a formal recommendation to the City Council. The
City Manager also announced that Mayor Russo would be
installed as a member of the Board of Directors of the
Municipal League on May 24. City Manager Herakovich
reported that Gardens Elementary School had requested
that Riverside Drive be closed between 3 p.m. and 8
p.m. for their annual carnival. The City Manager
reported that a meeting with County officials had
included discussion of: transfer of roads; that
drainage improvements were approved for Shady Lakes
Drive so that road could be accepted as a City road;
that the County Administrator had agreed to review
drainage plans for Westwood Gardens drainage; that
location of a future nature center had been discussed;
that the County had agreed to amend the interlocal
agreement to capture impact fees from projects along
Prosperity Farms Road for widening Burns Road; and the
County inquired whether the City would be interested
in a joint fire station west of Military Trail off
Northlake. City Manager Herakovich reported that a
meeting with the Department of Transportation had been
held and that their study of the intersection at
BallenIsles and PGA Boulevard had shown that the
traffic level was not yet at a level to warrant a
traffic signal, however, an agreement was reached
CITY COUNCIL REGULAR MEETING, 5/4/95
PAGE 13
whereby the City would send them any accident data,
etc., which might be used to justify need. At the
meeting with the DOT, the City had learned that the
DOT Master Plan did not include any land north of PGA
Boulevard; the DOT had amended their work study to
include environmental study per the City's Resolution
for the PGA Flyover, which was anticipated to take
about a year; and DOT would recognize MPO priorities
in regard to I -95 wall barriers.
Mayor Russo requested that the City Council be allowed
to review the City Manager's report in response to
Vice Mayor Furtado's concerns and bring back any items
for discussion. Mayor Russo discussed the possible
annexation of the Benjamin School into the City of
Palm Beach Gardens and requested input from the City
Staff to prevent this matter from becoming a political
issue.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilwoman Monroe, seconded by Councilman
Jablin, and unanimously approved to adjourn the
meeting at 9 :50 P.M.
CITY COUNCIL REGULAR MEETING, 5/4/95
APPROVAL
MAYOR JOE RUSSO
f
U�
VICE MAYOR LAUREN FURTADO
s
COUNCILWOMAN-LINDA MONROE
COUNCILMAN E JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
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