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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JANUARY 20, 1994
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Russo 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.
ROLL CALL The Deputy City Clerk called the roll and present were
Mayor Russo, Vice Mayor Monroe, Councilman Jablin,
Councilwoman Furtado, and Councilman Clark.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on
the City's Bulletin Boards.
CALL FOR BIDS The City Manager opened Proposals for Reroofing of the
Palm Beach Gardens Community Center, which was duly
advertised 12/20/93 and 12/27/93. The following requests
for Proposals were opened and publicly read into the
record.
1. Altec Roofing, Inc., Jupiter, Florida, base bid in
the amount of $134,823, add alternate one referring
to replacement of the air conditioning system in
the amount of $49,750.
2. Titan Roofing, Inc., Medley, Florida, base bid in
the amount of $128,000, add alternate one $55,000.
3. Michael Lee Walsh, G.C., base bid in the amount of
$180,000, alternate one add $64,000, alternate two
add $51,500.
4. Therma Seal Roofs, Inc., base bid in the amount of
$124,888, add alternate one $52,000, alternate two
add $36,500.
5. Advanced Roofing, Inc., Ft. Lauderdale, Florida,
base bid in the amount of $125,685, alternate one
add $57,460, alternate two add $58,825.
6. S & S Roofing South, Inc., Lake Worth, Florida,
base bid in the amount of $157,689, alternate one
add $57,145, alternate two add $57,212.
7. K. L. Munson Company, Inc., Palm City, Florida,
base bid $122,500, with several options and prices
for alternates one and two.
8. A. Herrmann Associates, Inc., base bid in the
amount of $163,754, add alternate one $49,691.
9. Gulfstates Industries, Inc., Holiday, Florida, base
bid in the amount of $97,430, alternate one add
$51,840, alternate two add $62,950.
10. The Beidler- Taylor Roofing Company, Astabula, Ohio,
base bid in the amount of $126,879, add alternate
one $55,902.
11. Trane Air Conditioning Company, alternate one bid
for air conditioning only $39,200, add -ons
depending on packages.
Vice Mayor Monroe made a motion, seconded by Councilwoman
Furtado, to remand the bids to the City Manager and
Public Works Director for review and recommendation to
the City Council. The motion was unanimously approved by
the City Council.
ITEMS BY
CITY MANAGER
Special Event
Councilman Clark made a motion, seconded by Councilwoman
Furtado, to approve the Special Event Request by P. B.
Schwinn and The DeGeorge Racing Team for the annual
Duathlon- Running and Cycling Event to be held February 26
and March 26, 1994. The motion was unanimously approved.
Palm Beach
Community College
City Manager Herakovich introduced Chris Jones,
Architect, who represented Palm Beach Community College
in their Cultural Arts Center signage request. Mr. Jones
stated results of meetings with staff had led to several
compromises, one of which was that Sign B on RCA
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CITY COUNCIL REGULAR MEE'T'ING, 1/e/94 PAGE 3
Boulevard would be reduced by 50% from 18 feet high,20
feet wide, to 9 feet high, 10 feet wide. The location of
Sign A at the corner of Campus Drive and Fairchild Avenue
would be changed to be within sign code requirements.
Dr. Edward Eissey of Palm Beach Community College
responded to a question by Councilman Jablin that Sign B
proposed for RCA Boulevard was needed because of future
plans to provide another entrance to the cultural center
from RCA Boulevard. It was the consensus of the City
Council to approve Sign B as long as it would legally
meet the sign code, and comply with landscaping,
irrigation, etc. Sign A issues of changeable copy,
height, and setback into the preserve area were
discussed. It was the consensus of the City Council to
approve Sign A also, as long as moveable copy would be
limited to the cultural center events, and as long as
staff and the City Attorney find that approval can be
done legally. Motion was made by Councilman Jablin and
seconded by Councilman Clark to direct staff to prepare
necessary documents for a resolution to be voted on at
the next City Council meeting. Vice Mayor Monroe stated
she would vote for this motion but voiced her opposition
to computerized moveable copy. Motion passed 5 -0.
Leqal Counsel It was the consensus of the City Council to accept City
Manager Herakovich's recommendation to substitute City
Attorney Tom Baird for the law firm of Hogg, Allen,
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CITY COUNCIL REGULAR MEETING, 1/6'/94
ITEMS BY MAYOR
AND CITY COUNCIL
PAGE 4
Norton & Blue which had represented the City's interest
in labor negotiations. The City Manager requested the
agenda for City Council meetings be changed to include
the category of Reports by the City Attorney. Mayor
Russo suggested comments from the public be moved to the
beginning of the meeting. It was the consensus of the
Council that these changes would take effect at the next
Council Meeting.
Councilwoman Furtado
Councilwoman Furtado announced a meeting of the School
Board would be held February 15 at 6 P.M. in regard to
school boundaries and safety in the schools, and
requested attendance by the entire Council. Councilwoman
Furtado requested the City Recreation Department allow Up
With People, which would be at the high school to raise
money for Project Graduation, use of 300 chairs belonging
to the City. She also stated that contributions are
still needed from the community for Project Graduation
and asked business people in the audience who have a copy
of the Up With People program to consider working to get
donations.
Vice Mayor Monroe Vice Mayor Monroe reported the Implemention Committee to
the Northern Palm Beach County Planning Forum had met for
the second time. They had appointed a subcommittee on
Education and a Corridor subcommittee to work on
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CITY COUNCIL REGULAR MEETING, 1/x/94
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environmental greenways, boundaries, and to take their
results back to the city councils of the municipalities
involved. Vice Mayor Monroe suggested the City
Administration invite Dennis Foltz of the Palm Beach
County Building Department to attend a Council meeting to
give a presentation he had given to other councils. She
also reported that one of the tennis courts at the high
school was still not lighted.
Councilman Jablin Councilman Jablin stated his strong support for the
schools and wanted the Council to be very heavily
involved in this matter. He reported the Landfill
Committee had met with the Health Department who stated
they would be prepared to answer any requests to sample
private drinking water wells for contaminants.
Councilman Jablin requested use of City Hall so that
representatives of the Health Department could meet with
the Palm Beach Gardens Association on February 6
hopefully to allay any fears of contamination of ground
water.
Mayor Russo Mayor Russo had met with the Municipal League which was
concerned that the proposed new flood insurance program
in the State of Florida could skyrocket flood insurance
premiums; also discussed at that meeting was a new
county EMS Ordinance which would be effective
approximately August, 1994, which would allow each city
to choose their own transport company.
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CITY COUNCIL REGULAR MEETING, 1/,f//94 PAGE 6
COMMENTS FROM THE PUBLIC
Sam Carsillo Sam Carsillo, Palm Beach Gardens, submitted a list of 25
grievances to the Council for which he had not had a
response. Vice Mayor Monroe assured Mr. Carsillo the
helipad plans were in progress, and Mayor Russo stated
all 25 grievances would be answered in writing.
Matt Russo Matt Russo, 429 Driftwood Road, North Palm Beach, spoke
for a group including Sam Parish and Mark Parish, 4325 S.
Tanglewood Avenue, Palm Beach Gardens who came before the
City Council and asked them to consider establishing a
skateboarding park in the City. Vice Mayor Monroe voiced
concern that high liability insurance rates might be a
problem, but complimented the young men for coming before
the Council. The Council assured these young people they
would help them, if possible, and Councilwoman Furtado
asked that they meet with her, Sergeant Spencer of the
Police Department, and Recreation Director Sue Miller.
Glen Blind Glen Blind spoke for Junior Chamber of Commerce, known as
the Jaycees, a community service organization. He asked
the Council to proclaim the third week in January as
Jaycee Week in the future. Mayor Russo stated the
Council would be happy to comply and asked that the
Jaycees present this request each year in time for a
proclamation to be scheduled.
Gary Fields Gary Fields, resident of Palm Beach Gardens, voiced his
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concerns as a parent with the school board's proposed new
boundaries and the increased traffic problems that would
be caused, the disruption to the children, and increased
safety concerns because children would be traveling to
schools farther away than those they presently attend.
He stated that since Palm Beach Gardens schools are
already racially balanced that no boundary changes are
necessary_
Milton Stern Milton Stern clarified for the Council that the School
Board would hold a public hearing on February 14 for
middle schools and another one on February 15 for high
schools, and that voting on the boundary issue would be
in March.
Discussion by the Council included safety concerns,
disruption to the children, and lack of accountability.
It was the consensus of the Council that a resolution be
passed at the next City Council meeting to establish the
direction the City Council would take in regard to the
schools.
CONSENT AGENDA Councilman Clark requested Item 6, Resolution 12, 1994,
Opposing HR Bill 3191 and Senate Bill 1405 regarding the
National Flood Insurance Reform Act of 1993 be removed
from the consent agenda and placed under Resolutions on
the agenda. Councilman Clark then made a motion to
approve Consent Agenda, seconded by Councilman Jablin and
unanimously approved.
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CITY COUNCIL REGULAR MEETING, 1/,6/94
PAGE 8
RESOLUTIONS
RESOLUTION 7, 1994 It was the consensus of the City Council to remove
Resolution 7, 1994, appointment of members and alternate
members to the Planning & Zoning Commission to give
themselves more time to consider this resolution and to
talk with the applicants.
Resolution 11, 1994 After discussion, Vice Mayor Monroe made a motion that
Resolution 11, 1994, Approval of Minor Amendment to
BallenIsles Pod 18 PUD, approved by Resolution 20, 1993,
re: landscaping, be approved with two changes in Section
4: change "of" to "for" and "expiration" to "approval ".
Councilwoman Furtado seconded the motion which was
unanimously approved.
RESOLUTION 12, 1994 Both Councilman Clark and Vice Mayor Monroe did not agree
with Resolution 12, 1994, opposing HR Bill 3191 and
Senate Bill 1405 regarding the National Flood Insurance
Reform Act of 1993. After discussion, Mayor Russo stated
his opinion that the taxpayers would want this resolution
passed by the Council, and requested that Councilman
Clark and Vice Mayor Monroe speak with Jack Horniman,
Executive Director of Palm Beach County Municipal League,
before the next Council Meeting, when this matter would
be voted upon.
ORDINANCE 2, 1994 Motion was made by Vice Mayor Monroe that Ordinance 2,
1994, Landscape Code Amendment, be placed on first
reading by title only. Motion was seconded by Councilman
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CITY COUNCIL REGULAR MEETING, 11,-e194 PAGE 9
Clark. Per a unanimous vote by the City Council, the
Deputy City Clerk read Ordinance 2, 1994, by title only,
on first reading.
ORDINANCE 3, 1994 Motion was made by Vice Mayor Monroe that Ordinance 3,
1994, Amending Retirement Plan for General Employees of
the City, be placed on first reading by title only.
Motion was seconded by Councilman Clark. Per a unanimous
vote by the City Council, the Deputy City Clerk read
Ordinance 3, 1994, by title only, on first reading. Win
Weldon, Chairman of the General Employees Pension Plan
spoke to clarify the amendments to the pension plan that
the Ordinance would encompass.
ORDINANCE 4, 1994 Motion was made by Vice Mayor Monroe that Ordinance 4,
1994, Amending Retirement Plan for Firemen's Retirement
Plan of the City, be placed on first reading by title
only. Motion was seconded by Councilwoman Furtado. Per
a unanimous vote by the City Council, the Deputy City
Clerk read ordinance 4, 1994, by title only, on first
reading.
ITEMS FOR DISCUSSION
PGA BRIDGE CENTER PUD
Rich Walton gave a short history of the Bridge Center
Planned Unit Development which had initially been
approved in 1986 and had been granted two time
extensions. He stated the Planning & Zoning Commission
had recommended denial of the request for a one -year time
extension for development and staff did not feel
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CITY COUNCIL REGULAR MEETING, 1/9/94
PAGE 10
petitioner had acted in good faith. Larry Smith, agent
for American Financial -Downs Partnership, stated he had
submitted good faith supporting documentation, that his
client had complied with City requirements by giving
right -of -way through the property when requested by the
City, but finanically had not been able to develop the
PUD, and requested a public hearing on this matter. It
was the consensus of the Council to deny petitioner's
request, however, agreed upon advice of the city Attorney
to grant the request for a public hearing.
ATT REGERERATOR BUILDING
CONDITIONAL USE
Rich Walton presented for discussion the request for
conditional use for a regenerator on property at the
northwest corner of the intersection of Florida's
Turnpike and Beeline Highway, leased from the John D. and
Catherine T. MacArthur Foundation by AT &T Communications.
Staff had determined that the subject property must first
have a City zoning designation before conditional use
could be granted, and the Planning & Zoning Commission
had unanimously recommended to the City Council approval JJ
of the rezoning request from AR, Agricultural
Residential, to the Palm Beach Gardens zoning designation
of RS -1, Residential Single Family. The City Council had
no questions of the petitioner. A Public Hearing /Second
Reading was scheduled for the February 17, 1994 City
Council Meeting.
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CODE AMENDMENT FOR ELIMINATING
RESTAURANT REQUIREMENT FOR
BEER AND WINE LICENSES
It was the consensus of the City Council to approve the
recommendation of staff for immediate amendment of the
current zoning code to allow the retail sale of liquor,
beer and wine as a permitted use in conjunction with a
restaurant in all districts allowing restaurants, and
that night clubs, bars and taverns be allowed only as
conditional uses in the CG -1, General Commercial
District, and the CG -2, Intensive Commercial District.
BEAUTIFICATION AND ENVIRONMENTAL
COMMITTEE
It was the consensus of the City Council to reactivate
the Beautification and Environmental Committee.
Suggestions were made by Councilwoman Furtado that one
method of possible funding for the committee's work might
come from a recycling project, and that revitalization of
Lake Catherine could be a project for the committee.
Councilman Clark suggested beautifying entrances to the
City as another project.
CITY ATTORNEY'S
REPORT
City Attorney Tom Baird reported on the status of several
lawsuits and stated the Flanagan case settlement amount
had been negotiated from $100,000 down to $22,500; the
Reno Wells case was also close to settlement; and the
Wiley class action case would be handled next. Mr. Baird
had contacted the Justice Department and suggested that
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CITY COUNCIL REGULAR MEETING, 1ke194 PAGE 12
he and his law firm would hopefully be substituted for
the firm of Hogg, Allen so the City's interests would be
properly represented. He stated he would call the City
Council members individually to state his recommendations
in the golf course litigation.
ADJOURNMENT There being no further business to discuss, the meeting
was adjoufFn 1 Y00 P.M.
APPROVAL 69
Y' J SEPH R. RUSSO
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VICE MAY-gR LINDA MONROE
COUNCILMAN ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
ATTEST:
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EXA M: RIEF, DEPUTY CITY CLERK