HomeMy WebLinkAboutMinutes Council 061694CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
June 16, 1994
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Clark 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 Clark, Vice Mayor Monroe, Councilman Jablin and
Councilwoman Furtado. Councilman Russo arrived at 7:37
P.M.
ANNOUNCEMENTS Mayor Clark stated the announcements were as posted on
the City's Bulletin Boards.
PRESENTATIONS Mayor Clark honored Police Captain Art Stevenson for his
24--year career with the Palm Beach Gardens Police
Department.
Sergeant Carey Linderman was honored for her 15 years
service to the City of Palm Beach Gardens.
COMMISSIONER KAREN MARCUS:
NORTH COUNTY COURTHOUSE
EXPANSION Palm Beach County Commissioner Karen Marcus introduced
Audrey Wolfe, Palm Beach County Facilities Planning
Department, who presented an update on the expansion of
the North County Courthouse. Ms. Wolfe stated the
Courthouse expansion would take approximately 3 to 5
years to complete. To provide interim relief, the
sheriff would be relocated into a stand -alone facility
originally included in the master plan, and within the
next 30 -45 days, an application for approval of the
entire master plan, PUD approval for a fueling facility
and the sheriff's substation was expected to be presented
to the City Council. Since the last presentation to the
City Council, the size of the courthouse expansion had
been reduced and construction of the library had
commenced. The option to relocate the DMV facility has
been preserved.
JUNO /JUPITER PIER Commissioner Marcus stated Juno Beach Park had been
selected as the site for the new County pier and had been
made a priority by the County Commission. The new pier
was being designed at an upward angle so only the planks
would be lost in a storm and not the pilings. The pier
would be paid for with impact fees and offers of free
materials had been made. After some objections to the
location, the south side of Carlin Park or Diamond Head
Park were also being considered as possible alternate
sites. It was the consensus of the City Council to
consider the adoption of a resolution supporting the pier
at the July 7th City Council meeting.
MILITARY TRAIL
UPDATE Vice Mayor Monroe reported the County has notified the
City that the portion of Military Trail from Northlake
Boulevard to Holly Drive
CITY COUNCIL REGULAR MEETING 6/16/94 3
was being turned over to the State, and the County does
not want to commit to take any action until that has
taken place. Commissioner Marcus agreed to coordinate a
meeting between the City and the County to finalize plans
for restriping and to assit the City in requesting
landscaping approval from the FDOT.
PROPOSED LANDSCAPING
I -95 & NORTHLAKE BLVD
Vice Mayor Monroe questioned whether the County might
help provide funding to beautify the intersection of I -95
and Northlake Boulevard. She stated July 11th was the
deadline to apply for a grant from Beautiful Palm
Beaches. Commissioner Marcus reported the County had
been considering mechanisms for maintaining the
landscaping and might make the I -95 and Northlake
Boulevard area a priority. She agreed to speak with
County staff to ascertain if matching funds could be
provided. Since the services of a landscape architect
might be needed to create a plan in order to apply for
the grant, a motion was made by Vice Mayor Monroe to
authorize the City Manager to spend no more than $10,000
from the Council Contingency Fund to begin the process of
planning to obtain approval for landscaping the area in
the vicinity of I -95 and Northlake Boulevard. The motion
was seconded by Councilman Jablin, and carried 5 -0.
Commissioner Marcus reported the County was working to
1
i
CITY COUNCIL REGULAR MEETING 6/16/94 4
BUILDING COMMITTEE:
MASTER SITE PLAN
PROPOSAL
align Shady Lakes Boulevard and Hickory Drive to make the
crossing safer for school children.
Jeff Ornstein, Building Study Committee Chairman,
presented the Conceptual Master Site Plan for the
Municipal Administrative Complex. Mark Marsh of Digby
Bridges, Marsh and Associates reported the site plan gave
the Council Chamber the highest visibility and included
the existing municipal complex, recreation facilities, a
playground, and open space. Since the space for
recreation facilities was more confined, those facilities
shown on the recommended site plan were changed from the
existing configuration. The site plan incorporated the
future widening of Burns Road and its impact on the
existing fire station, provided improved traffic flow,
included the addition of an access road, parking
facilities, a lake /water retention pond, an expanded
Council Chamber, and a new police facility. Within 30
days of the initial review of the site plan by the City
Council, the Building Committee would present a final
report to the Council which would include time line
scheduling and preliminary cost estimates. Building
Committee member Andrew Brock, stated the plan had
revolved from the serious need for police department
facilities. Committee member Vincent Pappalardo urged
the City Council to appoint another committee to help
CITY COUNCIL REGULAR MEETING 6/16/94 5
sell this idea to the public. Councilman Russo suggested
that a referendum was not the only method to proceed, and
the Council needed to decide whether or not this issue
would need to go to referendum.
COUNCIL MEMBER'S
CUP Councilman Russo was awarded the Council Member's Cup as
the winner in the recent City Council competition at the
City's Municipal Golf Course.
ITEMS BY MAYOR AND
COUNCILWOMAN FURTADO
Councilwoman Furtado reported she had requested the MPO
to submit any information on major items that would
require a vote to the municipalities early so the elected
officials of the City would have ample opportunity to
provide input. She reported that approvals were in place
for the elevation of U.S. Highway One to enable westward
expansion of the Port of Palm Beach, and at her request,
the MPO was in the process of drafting a resolution
supporting the interlocal agreement between the City of
Riviera Beach and the Port which would be submitted to
the municipalities in the area for their approval.
COMMENTS FROM THE
PUBLIC
Ka'EfTy--Babin Kathy Babin, 10102 Dahlia Avenue, spoke in favor of
lighting the ballfields at Lake Catherine and requested
land for the roller hockey league. It was the consensus
of the City Council to support Councilman Russo's
CITY COUNCIL REGULAR MEETING 6/16/94 6
STEVE BELCHER
proposal to establish a subcommittee of the Recreation
Advisory Board, representatives of the PBGYAA and the
Recreation Advisory Board, the Recreation Director, and
Councilman Russo to: 1) evaluate recreational needs, and
2) meet with the MacArthur Foundation to see what land
they have available, and put this project on a fast
track. Recreation Director Miller reported the Lake
Catherine Homeowners Association was opposed to the
lighting of the nearby ballfields. City Manager
Herakovich suggested this matter be scheduled for a
workshop meeting.
Since Mr. Belcher stated his comments pertained to the
health care plan, his comments were postponed until that
item was discussed.
DAN EAGLE Dan Eagle, 5 Sutherland Court, President of Palm Beach
Gardens Youth Athletic Association, voiced concerns
regarding the master plan presented earlier. He felt
parking for the ballfields was inadequate, since it was
almost identical to the current parking facilities at
Lake Catherine; no facility had been earmarked as
headquarters for the Palm Beach Gardens Youth Athletic
Association; and, no provision had been made for roller
hockey rinks. Mr. Eagle reported his efforts to
communicate with the Board of Lake Catherine Homeowners
Association had failed, and that lighting the ballfields
at Lake Catherine needed to be made a priority. Mr.
CITY COUNCIL REGULAR MEETING 6/16/94 7
Eagle requested the City Council consider a $100 donation
per resident of the girls' softball teams, if their team
qualified for national tournament. Since 5 teams have
qualified with ten girls on each team, the donation would
be $5,000. City Manager Herakovich reported the City was
providing funds to the PBGYAA which they could use for
the national tournaments or other items.
VINCENT PAPPALARDO Vincent Pappalardo suggested the City Council establish
a procedure to eliminate the time wasted at City Council
meetings by consultants waiting for their agenda item to
be presented. The City Council agreed to consider
solutions.
CONSENT AGENDA: Vice Mayor Monroe made a motion to approve the Consent
Agenda as submitted. Councilman Jablin seconded the
Motion. Motion to approve the Consent Agenda carried 5-
0. The following items were approved on the Consent
Agenda:
1. Approval of Minutes of 6/2/94 City Council Regular
Meeting.
2. Resolution 62, 1994 - Supporting and endorsing the
location of the Convention Center in the City of
Riviera Beach.
3. Resolution 64, 1994 - Approving a Minor Amendment
to the Monterey Pointe PUD, approved by Resolution
104, 1991.
4. Resolution 66, 1994 - Supporting the Recommendation
of the Palm Beach County Criminal Justice
Commission to establish the Law Enforcement
Communications Committee.
5. Resolution 78, 1994 - Approving the Plat of
"BallenIsles Country Club ", approved by Resolution
42, 1994.
PUBLIC HEARINGS:
CITY COUNCIL REGULAR MEETING 6/16/94 8
ORDINANCE 10, 1994 Mayor Clark declared the public hearing open, which was
duly advertised 6/1/94 and held on the intent of
Ordinance 10, 1994, creating a PUD known as "Northlake
i
Medical office, with underlying zoning of CG -1. There
being no comments from the public, Mayor Clark declared
the Public Hearing closed. Vice Mayor Monroe made a
motion to place on second reading and to adopt Ordinance
10, 1994. Motion was seconded by Councilman Jablin and
passed by a 3 -0 vote. Councilman Russo and Councilwoman
I
Furtado were absent. The Deputy City Clerk read by title
only on second and final reading Ordinance 10, 1994.
ORDINANCE 11, 1994 Mayor Clark declared the public hearing open, which was
duly advertised 6/1/94 and held on the intent of
Ordinance 11, 1994, providing a two -year time extension
for the issuance of building permits for the Admiralty II
PUD. Gary Dytrych, attorney for Bill Colwell, Receiver,
requested verification by the City Council as to the
expiration date of the time extension. In response to a
question by Vincent Pappalardo, Mayor Clark explained the
City Council's policy which would start the time
extension on the expiration date of the existing
i
approval, therefore the two -year time extension would
expire on February 6, 1996. There being no other
comments from the public, Mayor Clark declared the Public
Hearing closed. Vice Mayor Monroe stated her position
against this time extension since she did not feel that
CITY COUNCIL REGULAR MEETING 6116194 9
the property owner's justification for an extension was
sufficient. Motion was made by Councilman Jablin to place
on second reading and to adopt Ordinance 11, 1994.
Motion was seconded by Councilwoman Furtado and passed by
a 4 -1 vote. Vice Mayor Monroe cast the nay vote for
reasons previously stated. The Deputy City Clerk read by
title only on second and final reading Ordinance 11,
1994.
ORDINANCE 12, 1994 Mayor Clark declared the public hearing open, which was
duly advertised 6/1/94 and held on the intent of
Ordinance 12, 1994, providing a time extension for the
issuance of building permits for the Oakbrook Corporate
Center. Rich Walton stated the PUD expired 9 months ago
and the petitioner was requesting an extension of 2 years
from the date of approval plus 9 months. Mr. Walton
stated the petitioner had not fulfilled the original
requirement of submitting to the City a Unity of Title
for the undeveloped portions of the PUD. Steve Mathison
attorney for the petitioner, 0.R.E.0., Inc. addressed the
City Council and stated that unity of control had been
established, which binds everyone to comply with the
terms of the approved PUD, while a unity of title would
require informing a potential purchaser that they could
not sell a portion of the property. In order to give the
petitioner more time to comply with the unity of title
requirement, Vice Mayor Monroe made a motion to recess
CITY COUNCIL REGULAR MEETING 6/16/94
10
7, 1994 at approximately 7:30 p.m. Motion was seconded
by Councilwoman Furtado and passed by a vote of 5 -0.
RESOLUTIONS:
RESOLUTION 75,
1994 Approving creation of a PUD on Parcel 12 of BallenIsles
PCD. Motion was made by Councilman Russo to approve
Resolution 75, 1994. Motion was seconded by Councilwoman
Furtado and passed by a vote of 5 -0.
RESOLUTION 76,
1994 Approving creation of a PUD on Parcel 13 of BallenIsles
PCD. Councilman Russo stated he would abstain from
voting on this matter since he had a client who was
currently under contract for a portion of this parcel.
Motion was made by Vice Mayor Monroe to approve
Resolution 76, 1994. Motion was seconded by Councilwoman
Furtado and passed by a vote of 4 -0 with Councilman Russo
abstaining.
RESOLUTION 77,
1994 Approving creation of a PUD on Parcel 17 of BallenIsles
PCD. Staff felt the paver blocks, which the petitioner
wished to use for sidewalks, were more of a liability
than concrete. City Attorney Baird stated his opinion
was that the City would not have incur liability in
relation to private streets. Motion was made by
Councilwoman Furtado to approve Resolution 77, 1994, with
condition number 9 amended to read "The sidewalks shall
be constructed of concrete or paver material with a top
wearing surface to be level, true, and plumb from one
unit to the next and set in a proper setting bed."
�1
CITY COUNCIL REGULAR MEETING 6/16/94
11
Motion was seconded by Councilman Jablin and passed by a
vote of 5 -0.
ORDINANCE 13, 1994 Per a consensus of the City Council the Deputy City Clerk
read, on first reading, by title only, Ordinance 13,
1994, amending Title XV of the City Code, entitled "Land
Usage ".
ORDINANCE 15, 1994 Henry Skokowski, agent for BallenIsles Development
Company, requested the City Council remove Condition 1,
or in the alternative, change to the recommended wording
by City Engineer Getz which instead of "prior to the
commencement of any new development east of BallenIsles
Drive" was "prior to the approval of any new PUD east of
BallenIsles Drive ". Mr. Skokowski also requested further
work with staff on Condition 3. Per a consensus of the
City Council, the Deputy City Clerk read, on first
reading, by title only, Ordinance 15, 1994, amending the
BallenIsles Planned Community District approved by
Ordinance 8, 1989, by redesigning the Master Plan.
ITEMS FOR COUNCIL
ACTION:
TEMPORARY SALE OF
FIREWORKS City Manager Herakovich recommended the request by ABC
Promotions Unlimited, Inc., for the temporary sale of
fireworks at the southeast corner of Northlake Boulevard
and Military Trail, be denied as they required constant
monitoring by the Police Department last year. A motion
was made by Vice Mayor Monroe to deny the request for the
CITY COUNCIL REGULAR MEETING 6/16/94 12
temporary sale of fireworks at the southeast corner of
Northlake Boulevard and Military Trail. Motion was !
seconded by Councilman Russo and unanimously passed.
Upon the recommendation of the City Manager, Vice Mayor
Monroe made a motion directing the City Manager to not
approve any sale of fireworks within the City of Palm j
Beach Gardens. Motion was seconded by Councilman Jablin I
and unanimously passed.
EMPLOYEE HEALTH
CARE PACKAGE Finance Director, Kent Olson, advised the City Council
that if they wished to remain with the current carrier,
Acordia /Anthem, they would need to reject all of the
health insurance bids that were received and negotiate
with the current carrier for a renewal of the current
insurance policy.
STEVE BELCHER Mr. Belcher, Vice President of Employee Benefits for
Acordia, was present to urge the Council to remain with
Acordia /Anthem.
Motion was made by Vice Mayor Monroe to reject all of the
health insurance bids that were received for the July 1,
1994 renewal and to negotiate with the current carrier,
Acordia /Anthem, for renewal of the current health
insurance policy, and to approve the dental and life
insurance proposals as submitted by Acordia /Anthem.
Motion was seconded by Councilman Jablin and unanimously
passed.
D
CITY COUNCIL REGULAR MEETING 6/16/94
ITEMS FOR DISCUSSION:
13
POLICE K -9 UNIT
PROPOSAL Police Chief FitzGerald addressed the City Council
regarding his experiences with K -9 units and listed
several incidents which had occurred in the City in the
past where a K -9 unit would probably have resulted in the
apprehension of the perpetrator. He also listed uses for
police dogs in police work and their effectiveness. It
was the consensus of the City Council to direct the Chief
to proceed with the proposal for K -9 units for the City.
CITY ATTORNEY City Attorney Baird requested direction from the City
Council in the continuing effort to resolve the class
action lawsuit against the City. He stated he had read
the two insurance policies and believed the City had more
coverage than the insurance carrier had indicated. j
Attorney Baird recommended the Council retain an attorney
specializing in insurance coverage to furnish the City !�
with a firm opinion on whether or not the City could
likely prevail if they challenged the policies, since the
amount at stake was $1 million to $4 million. Motion was
made by Councilwoman Furtado to authorize City Attorney
Baird to retain attorney Mike Easley of Easley and
r
Willets to provide this service. Motion was seconded by
Councilman Russo and unanimously carried.
City Attorney Baird reported Ms. DeLuca had vacated the
golf course premises, and that the City would file to
CITY COUNCIL REGULAR MEETING 6/16/94 14
recover money she owed the City; and that the Byrd
deposition went very well.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 11:30 P.M.
CITY COUNCIL REGULAR MEETING 6/16/94
APPROVAL
At
MAR DAVID CLARK
'VICE MAYOR LINDA MONROE
COUNC?t 3'-'JOSEPH- RUSSO
COUNCILMAN ERIC JABLIN
a
COUNCILWOMAN LAUREN FURTADO
ATTEST:
EXA M. Rt~EF, DEPUTY CI CLERK
15
i
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
4 \1 %AAII IIRS1 \•EMI MIDDII NAMF
NAME OF BOARD. COIIN( IL, COMMISS10 %.AUIIIOR1lY.OR COMM I'll FE
Russo, Joseph
City of Palm Beach Gardens City Counc
NAII.IN(; %DDRI SS
1 HF ROAR 1), COUNCIL. COMMISSION. AUl HORIII' OR COMMITTEE ON
WHICH I SERVE IS A UNII OF:
18 Sheldrake Lane
Id CITY O COUNTY O 01 HER LOCAL AGENCY
Cl IN COUNTY
Palm Beach Gardens, FL Palm Beach
NAME OF POLITICAL SUBDIVISION:
Palm BEach Gardens
DATE ON % %HICH VOLT OCCURRED
MY POSITION IS:
6/16/94
CX ELECTIVE ❑ APPOI%TIVE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing ;he reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office \1UST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from Voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO `TAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
F You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
CE FORM xB - ! -UI
PAGE !
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on
(a) A measure came or will come before my agency which (check one)
, 192z—:
_/inured to my special private gain; or
Z inured to the special gain of ►¢ C� ^'' v� h ��' £- - by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
� //JZ
Date Filed Sign
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 88 • 1-91 PAGE 2