HomeMy WebLinkAboutMinutes Council 100694CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
OCTOBER 6, 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 AI.. The Deputy City Clerk called the roll and present were Mayor Clark, Vice
Mayor Monroe, Councilman Russo, and Councilman Jablin. Councilwoman
Furtado was absent from the meeting.
ANNOUNCEMENTS Mayor Clark stated the announcements were as posted on the City's Bulletin
Boards.
AWARDING OF BIDS:
OAKS PARK UNDERGROUND
IRRIGATION SYSTEM Vice Mayor Monroe moved approval of staff recommendation that the Oaks
Park Underground Irrigation System bid be awarded to DeKeyser Irrigation,
Inc. who was low bidder at $25,550, offered a 2 -year guarantee on both
material and workmanship instead of one year, and had previously done
satisfactory work for the City. Motion was seconded by Councilman Russo.
Motion passed 4 -0.
OAKS PARK SHELTER/
RESTROOM City Manager Herakovich explained some residents had voiced concern
regarding having restrooms in the park and explained that the City's Night Time
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Recreation Supervisor was responsible for going around to all City parks to turn
off lights and lock restrooms, which provided a measure of security.
Councilman Russo verified that the Police Chief had been consulted and felt
comfortable with the concept, and that The Oaks Park was a small park with
less activities than some of the larger City parks.
JERRY STEVENSON Jerry Stevenson, 116 East Tall Oaks Circle, commented that the developer had
turned the homeowners association over to the homeowners during the past
week and a Board of Directors had been established, with Mr. Stevenson as
President. An informal poll of the Board was in favor of the plan, however, a
great number of their homeowners were concerned that (1) the presence of a
pavilion and restrooms would suggest an area that would attract undesirable
people and activities, and that (2) maintenance might become lax so that the
park would become second class. Councilman Russo assured Mr. Stevenson
that maintenance would not become a problem and the vandalism concern
would be addressed by monitoring and bicycle patrols. Vice Mayor Monroe
moved approval of staffs recommendation to award the Shelter/Restroom to
low bidder RCP Shelters, Inc. Motion was seconded by Councilman Russo.
Motion carried 4 -0.
Mayor Clark acknowledged that Boy Scout Troop 176 were in attendance and
were working on a merit badge.
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ITEMS BY MAYOR AND
CITY COUNCIL
VICE MAYOR MONROE Vice Mayor Monroe reported two exciting events, first, that the City had been
awarded a grant for landscaping at I -95 and Northlake Boulevard; and second,
that funding permitting and right -of -way permitting, Military Trail
improvements from Blue Heron to PGA Boulevard would include re- striping
the road from 12 -foot to 11 -foot lanes with the extra footage to be placed into
a bicycle lane and moving the sidewalk farther from the traffic, and planting
trees in the green space between the sidewalk and the road. An answer on this
proposal was expected from the State by November 1, 1994.
COUNCILMAN RUSSO Councilman Russo reported that he had attended a Recreation Advisory Board
meeting and that the search for a roller hockey rink had yielded a site in PGA
National Park and partial funds had been donated by Gold's Gym toward a rink;
and that additional funds would need to be raised. Councilman Russo reported
attending a meeting of the North County Economic Development Advisory
Group where three major items which would benefit North County were
discussed - -the potential Abacoa project in Jupiter, the Convention Center in
Riviera Beach and a rumored corporation interested in locating in Palm Beach
Gardens, which had sent environmental consultants to the city and determined
the site was feasible for them. There had also been discussion of whether cities
should consider tax abatement similar to that recently adopted by the County.
MAYOR CLARK Mayor Clark reported that Palm Beach County had responded favorably to the
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City's request for temporary landscaping of the median on Central Boulevard.
Mayor Clark reported the Loxahatchee Council of Governments had established
a set of priorities for 1995 for intergovernmental exercises to see if they could
serve as a dispute resolution mechanism between the governments.
CONSEhU AGENDA: Vice Mayor Monroe made a motion to approve the Consent Agenda as
presented. Councilman Jablin seconded the motion. The motion carried
unanimously. The following items were approved on the Consent Agenda:
1. Approval of Minutes of 9/15/94 City Council Regular Meeting.
2. Resolution 133, 1994 - Consideration of approval of Plat for
Diamond Head PUD, located within PGA National Resort
Community.
RESOLUTIONS:
RESOLUTION 131, 1994 Planning and Zoning Director Rich Walton explained the request for
consideration was an amendment to BallenIsles Country Club Parcel 17 -
Sunset Bay, a previously approved PUD, for a common area pool site, an entry
ground sign, and the addition of two new roof tile color selections, and that staff
had no conditions of approval. Vice Mayor Monroe moved approval of
Resolution 131, 1994, Motion was seconded by Councilman Jablin and carried
4 -0.
COMMENTS FROM THE
PUBLIC
WILMA CASTIGLIA WilmaCastiglia, 1703 Appleton Court, Lake Catherine, stated she had invited
the Council members to come to her home to hear the ball games from there
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and no one came. She voiced concern that she would not be able to show her
home to prospective buyers anytime except on Sunday since that would be the
only time there would be no noise from ball games. She expressed her views
that she would be unable to sell her home, that her property value would drop,
and that she was entitled to some quiet.
DONNIE BROWN Since Councilwoman Furtado, the City Council Liaison for the Lake Catherine
Task Force, had not arrived, Mr. Donnie Brown was called upon by the City
Council to report the results of the task force's last meeting. Mr. Brown stated
the task force had found no solutions to offer, and stated his opinion that when
their property had been purchased that full disclosure should have been made
by the developer that the ball fields were to be lit if that was the case, so that the
existing situation of two factions of citizens fighting would not happen. Mr.
Brown stated the Lake Catherine development had given the facility to the City
and the City should be grateful; the Lake Catherine residents had paid for a
patio lifestyle and noise at all hours of the night would cause that lifestyle not
to exist. Mr. Brown stated his opinion that since the City had paid nothing for
this park they should have put money aside for another park. Councilman
Russo explained that every home built in the City pays recreation impact fees,
and this case was no different. Mr. Brown expressed his opinion that when the
Task Force had been set up that the decision to light the ball fields had already
been in the minds of some Council members even though the residents were
CITY COUNCIL REGULAR MEETING, 10/6/94
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told the Council would fight for them.
GUS CONSTANTINE Mr. Constantine explained he had just moved to Lake Catherine from the Bluffs
two weeks ago and that he had discovered this situation after moving in, and
that he had lived next to the pool in the Bluffs with the noise and lighting. He
stated that not all the children playing ball were Palm Beach Gardens residents,
and that the residents should have first consideration.
FRED GIUFFRE Fred Guiffre, 1701 Lake Catherine Drive, President of Lake Catherine
Homeowners Association and President of the Property Owners Association,
expressed his agreement with Mr. Brown's comments and stated whenever
games were played that there was vandalism in the development and at the
pool. He suggested the games start at 5 p.m. instead of 6 p.m.
MICHAEL LEVINE Michael Levine, 2002 Appleton Court, expressed his opposition against the
lights and invited the Council members to come to the community while a game
was in progress to better understand the resident's point of view.
ANDREW CERTIVLE Andrew Certivle, 3302 Lakemont Court, expressed his agreement with Mr.
Brown's comments, and added that the amount of garbage generated from a
ballgame was tremendous; that there was insufficient parking for ball games,
and suggested increasing the number of fields instead of lighting existing fields.
ROY ROCKOFF Roy Rockoff, 439 Fuschia Circle, stated as Commissioner of the Minor League
which plays at Lake Catherine, that he had been on those fields during the past
two years more than any other person. He addressed the garbage comments
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made earlier by stating they were trying to do a better job each year and the kids
were picking garbage up. He stated he was involved in the baseball programs
to benefit the kids, and understood the situation since he lived close to the high
school, and supported the lighting at the ball fields. He stated the vandalism
comments were absurd since 95% of the parents were at the fields the whole
time and he had never seen anyone from the program across the street except
when there was a parking problem, and the vandalism was not coming from the
age group of 7, 8, 9 and 10 that played on the fields, and stated there would be
more vandalism if the ball fields were taken away.
DAVID PANAIA David Panaia, 10 Wyndham Lane, past president YAA and Little League, stated
he had been involved in this problem since 1986 and stated that neither he or
anyone else from the YAA was interested in pitting one part of the community
against another. Mr. Panaia stated the residents were entitled to their privacy.
He recapped the history of the ball fields, stating that the Lake Catherine
Development had been allowed to go in if the ball fields that existed on the
property were moved across the street and that the fields were originally
planned to be lit, the proof of which was that the electrical conduit was installed
before the fields were put in and that he had beard that the developer did not go
ahead and light the fields because he felt it would impact sales. Mr. Panaia i
stated that out of the 1,224 children in the recreation program that 718 played
baseball, and 632 of those were residents of Palm Beach Gardens, leaving only
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CITY COUNCIL REGULAR MEETING, 10/6/94
86 non — residents which live in the pockets mandated by the County to be
annexed into the City; only 2 -1/2% were non — residents and those were in the
program because of being grandfathered in at the time the City asked the
program to take no more non — residents. Mr. Panaia explained that the nine
fields available were not enough and that it would become a financial issue with
4 or 5 new fields required to be built if the Lake Catherine fields were not lit.
Mr. Panaia urged a compromise of low profile lights and restricted hours, with
younger children playing earlier games. Councilman Russo stated that a
problem already existed and adding lights with no changes would create a major
problem and that the task force was established to form solutions. Mr. Panaia
stated the City still had the same number of ball fields they had when the
population was 16,000 and that now the population was approximately 32,000,
so that there were just not enough playing fields. Mr. Panaia requested the
residents allow the lighting with the understanding that compromises would be
made.
STEVEN RADFORD Steven Radford, 4186 Magnolia Street, stated he was pro — lights, pro —kids, pro —
community. As a coach, he suggested time limits, rescheduling games,
bringing girls' teams in, and urged installation of the lights with compromises
worked out with the residents.
M. J. STEELE M. J. Steele, 1012 Bedford Avenue, stated she felt the Lake Catherine
community had already compromised; sympathized with the hard decision the
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City Council would have to make, and urged them to look at the situation fairly.
KEVIN HUGHES Kevin Hughes, Begonia Street, stated he had lived in Palm Beach Gardens ten
years, was a volunteer coach, and was in favor of the lights for the safety of the
kids. Mr. Hughes stated he had never seen beer at the games, and that the
vandalism accusations were unfair since coaches waited until all the children
were picked up.
CATHY BABIN Cathy Babin, 10102 Azalea Avenue, expressed her opinion that the Lake
Catherine residents knew the ball fields were nearby when they bought their
homes, that they were unfairly blaming all the vandalism and parking problems
on baseball, and that their response to compromise solutions offered to them
was rudeness and no suggested solutions on their part.
DON BABIN Don Babin, 10102 Azalea Avenue, newly elected president of Palm Beach
Gardens Youth Athletic Association, stated that he offered his support for
lighting Lake Catherine both as President and personally. He explained that
both he and his wife were active in working with children in Palm Beach
Gardens. He asked the City Council to vote in favor of lighting and to put this
issue to rest. I
LINDA HUGHEY Linda Hughey, 9120 Reed Drive, stated she had gone to City Hall and looked
at the file for the Lake Catherine Development and learned that the
development had been granted a variance to be built on the condition that when
the developer built it he would build a park to replace the ball fields that were
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on the property. She expressed her sympathy with residents, stating her belief
that the developer had not provided them with all the facts. Her comment
regarding vandalism was that Police Chief Fitzgerald had reported much of the
vandalism was by residents of Lake Catherine. She asked the City Council how I
all other parks could be lit and not Lake Catherine's park, which would be unfair
to all the other residents in the city.
Mayor Clark called for comments from the Recreation Department.
Councilman Russo asked staff to provide information as to the need for the
fields; the options available if the fields were not lit; and the options to make
better neighbors to nearby residents if the fields were lit. Sue Miller,
Recreation Director, stated additional land for parks was not available, so that
lighting the fields was needed; and estimated the cost of a similar complex to
replace the Lake Catherine ball fields at approximately $2,000,000 without land
acquisition; however, stated there was no land available. In response to
Councilman Russo, Ms. Miller explained that moving the fields, parking, noise
f
abatement, etc. - -all issues -- -had been considered by the task force and
compromises offered to the residents who had rejected all of them. Jeff Sabin,
Parks and Recreation Advisory Board, reported that Board's subcommittee
charged with finding ways to enhance existing facilities before the Lake
Catherine Task Force was in existence had unanimously recommended lighting
the Lake Catherine fields but with the qualifier of working with the community.
CITY COUNCIL REGULAR MEETING, 10/6/94
PAGE 11
He reported he had also been a member of the task force, and that at their last
meeting there was no resolution, and that discussion at that meeting centered
around the hours that the fields would be lit, and limiting the hours, and that, as
reported by Recreation Director Miller, that all issues had been addressed by
the task force in the course of their meetings with compromises offered but not
accepted. Vice Mayor Monroe asked whether any schools would have any
fields or space where temporary fields might be set up, or if space adjacent to
the City's Fire Station might be utilized, and requested staff to provide more
information to the City Council in order for them to make a decision.
Councilman Russo asked staff for information also, including how a decision
to light would impact and stated he wanted to see times, etc. in writing.
Councilman Jablin asked for realistic options. After further discussion and
instructions to staff, it was the consensus of the City Council to delay a decision
on lighting the Lake Catherine baseball fields until more information was
provided to the City Council.
RESOLUTIONS:
RESOLUTION 132, 1994 Planning and Zoning Director Rich Walton discussed the request for
consideration of a minor amendment to The Sanctuary PUD regarding gate
entry and redesign on monument signs. After discussion, some members of the
City Council stated their position that unmanned gates would lead to problems.
City Manager Herakovich clarified that this gate was not being requested by the
residents, but by the developer for marketing purposes. Mayor Monroe moved
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approval of Resolution 132, 1994 as amended on the second copy submitted to
the Council. Mayor Clark passed the gavel to Councilman Jablin. Mayor Clark
seconded the motion, whereupon Councilman Jablin passed the gavel back to
Mayor Clark. The vote on the motion was 2 -2. The motion therefore failed.
Upon advice of City Attorney Baird, Councilman Jablin made a motion to
reconsider. Motion was seconded by Councilman Russo. Motion carried 4 -0.
Motion was then made by Councilman Jablin to table this matter until the next
City Council meeting. Motion was seconded by Councilman Russo. Motion
carried 4 -0.
RESOLUTION 134, 1994 City Manager Herakovich recommended approval of Resolution 134, stating
that there was nothing in the performance evaluation in progress that would be
detrimental to the City Attorney's performance. Vice Mayor Monroe moved to
approve Resolution 134, 1994 to renew the contract of the City Attorney for the
Fiscal Year 1/1/94 through 9/30/95. Motion was seconded by Councilman
Jablin. Motion carried 4 -0.
RESOLUTION 135, 1994 Chris Brown informed the City Council of changes made in the proposed
Resolution 135, 1994 for consideration of a contract and appointing an EMS
Medical Director, and assured the Council that references for the applicant had
been checked, and the fact that he had a state license established his credentials.
P
Vice Mayor Monroe moved approval of Resolution 135, 1994 with the name
Michael J. Zappa, M.D. inserted into the blank and with the minor changes as
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ITEMS FOR COUNCIL
PAGE 13
referenced by Chris Brown. Motion was seconded by Councilman Jablin.
Motion carried 4 -0.
ACTION: The City Council considered a request for Christmas Tree sales on the west side
of Military Trail, 1/10 mile south of Burns Road. It was the consensus of the
Council that the request would present a safety hazard.
CITY MANAGER'S REPORT City Manager Herakovich stated overtime pay was not allowed for Department
Heads or exempt employees unless approved by the City Council; however
FEMA had reimbursed the City for overtime work by employees who worked
in flooded areas. It was the consensus of the City Council to reimburse the
exempt employee who had performed these services.
The City Manager reported the three pension boards had met for the first time j
resulting in agreement by the pension boards that they would (1) inform the City
Clerk's office of any meetings, (2) hold a quarterly joint meeting of all boards
(3) explore options for general employees within the next two weeks. City
Manager Herakovich also reported the City had received the quit claim deed
from Palm Beach County for Hickory Drive, which had been a condition of the ;
Hickory Drive realignment. The City Manager reported Planet Ice was
proposing an ice rink at Northcorp, and that McDonald's was proposing a sit -
down restaurant with no drive- through at Loehmann's Plaza. The City
Manager also reported that tags had been purchased to designate city vehicles
running on natural gas; that the Women's Club had donated two flowering trees
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to the city which had been planted at the corner of Lighthouse Drive near
Alternate AlA, for which she requested and received Council's consensus to
schedule recognition for this donation at the next City Council meeting. Vice
Mayor Monroe reminded the City Council that a condition of building the
Admiralty II project had been that signs would be provided designating that
corner as an entrance to the City, which had not been done. The City Manager
announced that on October 25 the County was scheduled to meet to discuss
EMS and transport issues; that a City Council workshop would be held next
week; and a visioning workshop was scheduled for October 29, 1994.
CITY ATTORNEY City Attorney Baird stated that in the Erbacher case mediation had not resolved
the litigation, however, the mediator advised he believed the City's cases were
strong related to Byrd and Bullock. The Erbacher and Byrd cases were
consolidated by the judge and would probably go to trial in November, which
d
would save money over the cost of two separate trials.
ADJOURNMENT There being no further business to discuss, motion was made by Vice Mayor
Monroe, seconded by Councilman Jablin and unanimously approved to adjourn
the meeting at 11:25 P.M.
CITY COUNCIL REGULAR MEETING, 10/6/94
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VICE MAYOR LINDA MODE
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COUNCILMAN JOSEPH RUSSO
COUNCILMAN
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COUNCILWOMAN LAUREN FURTADO
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
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