HomeMy WebLinkAboutMinutes Council 0617931
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 171 1993
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Russo at 7:32 PM, 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 City Clerk called the roll and present were Mayor
Russo, Vice Mayor Monroe, Councilmen Jablin and Clark and
Councilwoman Furtado.
ANNOUNCEMENTS
Mayor Russo stated the announcements were as posted on
the City's Bulletin Boards. There are no presentations.
Mayor Russo welcomed Sam Carsillo back.
ITEMS BY THE MAYOR AND CITY COUNCIL
Golf Course Litigation. Councilman Clark presented to
the City Council for their review and approval the
proposed settlement of the litigation involving the
City's golf course. By way of background, Councilman
Clark commented on the past history of the golf course.
The lawsuit arose from the development and construction
of the golf course in 1990 and 1991. The course was
proposed by a small company called Public Golf
Corporation which received a turn -key contract from the
City to design and construct the golf course. The
subcontractor architect was Roy Case and the construction
CITY COUNCIL REGULAR MEETING, 6 -17 -93
2
was subcontracted to a Fort Pierce construction company
called Gettler & Sons, Inc. Design and construction of
the golf course commenced in June, 1990. There was no
apparent problem until March or April of 1991 when the
course was near completion and it received heavy rains.
The front nine holes, especially, were flooded to a depth
of 2' or more in places. Through a review by the City
Engineer, it was revealed that while the golf course was
properly located and properly sculpted, it was between 2'
and 3' lower than called for in the design. The City
withheld payment of the balance of the Public Golf's
contract price (somewhere between $750,000 and $900,000)
and used that money to fill and raise the course to near -
design levels. Public Golf disagreed and filed a civil
action. The City counter - claimed against Public Golf and
Gettler, Case and Gettler's bonding company were also
brought into the action. Gettler then sued the
individual then - members of the City Council. Since the
lawsuit was filed, the City has spent well over $100,000
in legal fees. If action not settled now, it will cost
at least an equal amount to bring the case to trial.
Since Public Golf Corp has few, if any assets, the City
may not be able to recover damages if it prevails in the
lawsuit. A mediation session was attended last Thursday,
and all parties and their lawyers met until a settlement
CITY COUNCIL REGULAR MEETING, 6 -17 -93 3
ITEMS BY THE
was proposed. All parties accepted the proposed
settlement subject to City Council approval, except Roy
Case. Settlement is before the Council Members tonight.
Under this settlement, the City will pay $78,000 to the
attorneys for Public Golf Corporation which money will be
paid to certain creditors of Public Golf. In addition,
the City will pay $30,000 to Gettler. The parties to the
settlement will execute a full release of all claims in
connection with the litigation. The Roy Case claim will
not be terminated. He has asserted a claim against the
City for $8,000 in legal fees. The City will attempt to
resolve this minor claim separately. After discussion by
the City Council, a motion was made by Councilwoman
Monroe to approval Resolution #73, 1993 which was read by
title only by the City Clerk. Seconded by Councilwoman
Furtado. Passed unanimously. Vice Mayor Monroe then
moved that $108,000 to provide for the settlement per
Resolution #73, 1993 be taken from the Council's
contingency Fund. Seconded by Councilwoman Furtado and
passed unanimously. Mayor Russo thanked everyone for
their efforts in having this matter settled.
Acting City Manager Herakovich announced the annual
Police Auction to be held Saturday, June 26th, at 10:00
AM at the Public Works facility.
CITY COUNCIL REGULAR MEETING, 6 -17 -93 4
Acting City Manager also announced the health insurance
package had been bid through the efforts of the City's
Agent of Record, Kurt Gehring of PDI Resources and there
had been six providers responding resulting in an
unprecedented 18% lower -than- previous -years cost. It
will be provided by Anthem at a cost of $777,132.20 per
year. The City Manager recommended acceptance of that
low bid and also advised that she would like to come back
to the Council with a proposal that would split that
savings costs partially in benefits lost by the employees
and the other half to be saved to help with budget woes
in the next year.
VICE MAYOR
LINDA MONROE
Vice Mayor Monroe welcomed County Commissioner Warren
Newell (District 3) who was in attendance. Then, Vice
Mayor Monroe asked Mr. Gehring about possible additional
savings, such as a bonus to an employee who scrutinizes
his bill and finds an error, as lowering claims expenses
will help to lower costs. Mr. Gehring discussed this and
the fact that employee premiums are now pre -tax for that
employee. There are other areas that could become pre-
tax for employees and that is another program that is
available and can be put together in the next couple of
months. Vice Mayor Monroe asked about payment of
premiums for dependents, now a flat $80 /month per
employee for dependents, and it doesn't' matter whether
CITY COUNCIL REGULAR MEETING, 6 -17 -93 5
there were ten people in the family or one person. Mr.
Gehring said the split could be different and it would
benefit the employee with one spouse or child and but
hurt the larger family with a higher monthly rate.
Motion by Councilwoman Monroe to approval the proposal as
submitted by Anthem. Seconded by Councilman Clark.
Passed unanimously.
COUNTY COMMISSIONER
A
Mayor Russo introduced Commission Newell and thanked him
for his support in the City's wishes. Mr. Newell
discussed the fire drill he had just attended as an
active participant. Commissioner Newell stated he wanted
to sit in and listen to a City Council Meeting and get
a feel for the City's ideas and needs, and hoped the City
would also come to him in order to foster a cooperative
effort between himself and the City. He also suggested
perhaps the City could work out a deal with the County
for joint use of the City's golf course.
REPORTS OF THE MAYOR
AND COUNCIL
Mayor Russo explained that he talked with Commissioner
Marcus yesterday and perhaps there was something the
County could do to get the County residents to play the
City's golf course.
Mayor Russo also reported on the Task Force for the
CITY COUNCIL REGULAR MEETING, 6 -17 -93 6
University should be on the Donald Ross site but a lot
more than the university was discussed to be located
there. So, the City will be monitoring plans through the
planning forum.
Vice Mayor
Linda Monroe
Mayor Russo asked Vice Mayor Monroe how the members are
being selected for the 2 -1/2 days meeting. Vice Mayor
Monroe reported, as she has been at each meeting, that
they were working on the fund raising and they have now
met that goal. Names of participants have been received
and the Steering Committee will select from among those
names. There are three types of members: Public
Officials, Private Sector members and Civic /Non - Profit
members. There will be 100 participants total and will
represent a cross - section of the North County residents.
The City Council is invited to attend under the "Public
Officials" category and will receive invitations.
Mayor Russo The Mayor asked if there was anyone in the audience from
"It's a Jungle ". The owner was present. Mayor Russo
mentioned the owner's ad in the newspaper which was very
negative toward the City of Palm Beach Gardens and said
he didn't know that the City Council was voting to put
the owner out of business. Mayor Russo suggested perhaps
the planning staff could meet with the owner to discuss
their problems.
CITY COUNCIL REGULAR MEETING, 6 -17 -93 7
councilwoman
Lauren Furtado
Mayor Russo also brought up the topic of the water
situation at Ballenlsles. He stated he was concerned
because there had been a meeting there Monday night and
Councilman Jablin, Councilwomen Furtado and Monroe
attended. Councilwoman Furtado thought that Rim Bishop
had handled the questions very well and had been
forthright. Mayor Russo said that, although he didn't
attend the meeting, he got a package at his home and said
all the other residents there also received one and the
report scares residents. Councilman Jablin also received
the report and expressed his concern. Mr. Jablin stated
he told Mr. George Cox, a member of the Landfill
Committee, that if he was going to be on a committee that
the City Council sets up, Mr. Jablin preferred Mr. Cox
report back to the City Council before he calls a press
conference or hands out unapproved reports that may
contain only half truths or unconfirmed rumors. Mayor
Russo was advised that Mr. Cox agreed to go through the
City Council from now on. Mr. Jablin agreed to be
liaison to this task committee.
Councilwoman Furtado thanked Linda Kosier for getting the
resumes together on the Planning and Zoning Commission.
Councilwoman Furtado commented on the May monthly report
as provided by City Manager Herakovich, stating it was
informative. Councilwoman Furtado suggested the City
CITY COUNCIL REGULAR MEETING, 6 -17 -93 8
start looking at Donald Ross Road's design with the
thought that there could be something substantial going
on there in the future.
Councilman
David Clark
Vice Mayor
Linda Monroe
Councilman David Clark reported that they had the first
meeting of the Charter Review Committee Monday and felt
the Committee achieved a good starting direction for the
review and will be working together very well.
Vice Mayor Monroe reported that she attended the first
meeting of the Sign Committee and they, too, are off to
a good start.
COMMENTS FROM
—THE PUBLIC
Sam Carsillo Resident Sam Carsillo addressed the City Council on
several subjects, including a canine dog, sending officers
to Crime School in Washington, D.C., housing for the
enlarged police and fire departments, and train whistles.
Mr. Carsillo was advised that his concerns could also be
brought to the attention of the City Manager or be
addressed at the Town Meeting on June 28, 1993, at Palm
Beach Gardens High School at 7:30 PM. When Mr. Carsillo
brought up the problem on Burns Road, Mayor Russo
reported that it had been taken care of in a meeting that
Mr. Carsillo had missed.
CITY COUNCIL REGULAR MEETING, 6 -17 -93 9
-CONSENT AGENDA Mayor Russo said they had a note to pull Resolution 70,
1993, conditional use for the Discovery Zone, as Seth
Gadinsky is out of town. Mayor Russo advised Rich Walton
that the Resolution was not specific enough and asked
that Mr. Walter review it and modify the Resolution as
necessary in accordance with the letter received from
Discovery Zone. Vice Mayor Monroe requested that item 4,
Resolution 67, 1993 be pulled. Vice Mayor Monroe made a
motion to approve the Consent Agenda with the exception
of items 4 and 7 which were removed. Seconded by
Councilman Jablin. Passed unanimously. The City
Attorney then mentioned that there were some blanks in
item 6, Resolution 69, 1993. Vice Mayor Monroe then made
a motion to reconsider the Consent Agenda. Seconded by
Jablin and passed unanimously. Vice Mayor Monroe made a
motion to approve the Consent Agenda with items 4 and 7
pulled and item 6, Resolution 69, 1993, to be approved
with the numbers $38,969 and $56,136 in the two blanks of
said resolution. Second by Jablin and approved
unanimously. The following items were approved:
1. Approval of Minutes of Regular Meeting of 5- 20 -93.
2. Approval of Minutes of Workshop Meeting of 5- 27 -93.
3. Approval of Minutes of Regular Meeting of 6 -3 -93.
4. Resolution 68, 1993 - Approval of Interlocal Coop-
eration Agreement re: Housing and Community
Development's (HCD) Urban County Program.
5. Resolution 69, 1993 - Approval of Human Resource
Director Position and setting the minimum and
maximum salary range.
6. Resolution 72, 1993 - Authorizing the City Manager
to file an application requesting a portion of the
CITY COUNCIL REGULAR MEETING, 6 -17 -93
PUBLIC HEARINGS
ordinance 7, 1993
Palm Beach County Emergency Medical
Surcharge Award Program Funds.
10
Services
Mayor Russo was advised that this ordinance was not out
of the Planning & Zoning Commission and asked that any
action be postponed until July 1, 1993.
Mayor Russo declared the Public Hearing open, which was
duly advertised on June 2, 1993 and held on the intent of
Ordinance 7, 1993, amending Chapter 160 of Title XV, Land
Usage of the Palm Beach Gardens Code; providing for the
exemption of the City of Palm Beach Gardens from the
requirements of ordinance 89 -23 adopted by the Board of
County Commissioners. Councilwoman Furtado made a motion
to postpone the Public Hearing until July 1, 1993.
Seconded by Vice Mayor Monroe. Passed unanimously.
Resolution 67, 1993
Vice Mayor Monroe asked the City Clerk to comment on the
changes in the Resolution. The City Clerk advised that
the changes were: 1) third whereas, the word
"Principals" was corrected to read "principles "; 2) next
whereas, the third line, "neighborhood" has an "s" on the
end; 3) and the second line at the end where it says
"traditional" was changed to "transitional ". Vice Mayor
Monroe asked about the third correction and asked what
the State requirements were for group homes. Mr. Walton
stated it required the City to treat them as a house and
CITY COUNCIL REGULAR MEETING, 6 -17 -93 11
to be located anywhere a house can be located. Since the
term "transitional" is unclear, Vice Mayor Monroe
recommended that the word "transitional" be stricken from
the paragraph. Vice Mayor Monroe further requested
"single family" be deleted from that paragraph. Vice
Mayor Monroe then made a motion to approve Resolution 67,
1993 as amended. Seconded by Jablin. Passed
unanimously.
ITEMS FOR
DISCUSSION
BALLENISLES PARCEL
4, WINDWARD COVE
A petition was before the Council to amend the width of
the sidewalks in BallenIsles's Windward Cove to be
_
reduced from 5' to 4' and also requesting that we
incorporate two strips of land from the adjacent golf
course into the property platted under Windward Cove in
order to accommodate some back -yard screen enclosures.
Mr. Nader Salour, Senior Vice President of BallenIsles
Country Club was present at the request of the home
owners and explained to the City Council that the
residents would like the width of the sidewalks reduced
in order to increase their landscaping area. Mrs. Donna
Cessaro- Penque of Urban Design Studio also spoke for the
residents and, in addition to restating the requests of
the residents in Windward cove, she reported that the
Council may wish to approve this request, since there is
CITY COUNCIL REGULAR MEETING, 6 -17 -93 12
- three feet of green space between the curb and the
sidewalk and guidelines only require two feet of green
space. After continuing discussion, Councilwoman Monroe
suggested that, subject to Staff looking into it, the
residents could take one foot of green space and put the
extra foot of concrete on the curbside and then take away
one foot of concrete from the lawn area; the City still
retains its 5' sidewalks and the residents of Windward
Cove get the extra foot of landscaping area they want.
Mayor Russo stated that staff will look into this and if
appropriate, this compromise will be added to the next
meeting's Consent Agenda.
MILITARY TRAIL
LANDSCAPE ISSUES
The City Manager reported on the mortality of the slash
pines in the Military Trail median. The City Forester
outlined several scenarios for City Council review and
the City Manager requested direction from the Council.
She stated the installer's claim is that, with the storm
of the century, root damage was caused to the newly -
planted trees and, hence, they died. The City Manager
requested the Council explore alternatives - whether to
try slash pines again or try oaks from the City's
nursery, etc. Mayor Russo stated he would like action to
be taken that will make the area look good, even if City
employees must personally go out and take care of
CITY COUNCIL REGULAR MEETING, 6 -17 -93 13
watering until the trees "took ". Vice Mayor Monroe asked
if an independent person, such as a person from the
Agriculture Department, had confirmed the storm caused
the trees' demise. Vice Mayor Monroe then made the
recommendation to direct Staff to further investigate
this problem, as quickly as possible and, if firmly
convinced that the storm really did do it, then fall back
to choice two which is to plant more oak trees. If they
believe the damage was not caused by the storm, they
should attempt to work out an agreement with the provider
of these trees and reach some sort of a compromise.
Jonathan Kaye of Trader Horn Nursery (provider of the
trees) then spoke to the City Council, stating the trees
in question were planted about a week before the
election. The storm hit between the 13th and 20th. The
trees were installed properly and the installation and
care were supervised by the City Forester. They were
watered by water truck as supplied by the installer, and
also by the storm. A temporary irrigation system was
installed and is manually operated. The installer even
used a fungicide because the swales had held water from
the storm. The storm also caused root damage because of
the extreme swaying of the trees in the wind. Mr. Kaye
suggested that, since the dead trees had been removed and
destroyed, it would now be impossible for someone like
Gene Joyner to come in and make a positive assertion that
CITY COUNCIL REGULAR MEETING, 6 -17 -93 14
the storm did or did not cause the demise of the trees.
Mr. Kaye suggested, that since residents on Military
Trail were not happy with the look of the pine trees,
that another type of tree, like laurel or live oaks, be
used, as they have had very good luck with them. This
installation, according to Mr. Kaye, is the first job
where he has lost more than 5% of plants installed. He
felt the storm was the major contributing factor for the
loss. If not for the storm, the trees would have been
guaranteed and replaced if they died. He did all he
could professionally and personally to make sure the
city lost as few pines as possible after the storm. He
stated the care was there and the concern was there. In
Mr. Kay's letter to the Council, he mapped out a scenario
of replacement, to replace 10% of those that died as a
good gesture even though the damage was not his fault,
since he does not cover acts of God. Also, he had
reworked the bill for the existing trees that were lost
and until this matter was resolved on the pines. Mr.
Kaye's recommendation is that the pines would not do well
there due to debris in the medians and shellrock and poor
drainage and the City should consider oaks. Vice Mayor
Monroe stated that the issue of the trees' demise still
needs to be addressed by staff; she also felt an act of
God would be a freeze killing a tree or a tornado taking
the top off a tree, etc. But, too much rain did not seem
CITY COUNCIL REGULAR MEETING, 6 -17 -93 15
— to apply, in her opinion, since there is always a gamble
when pine trees are planted. Councilman Jablin attested
to the integrity of Mr. Kaye and that Mr. Kaye did take
a tremendous amount of care with plants he put in
Councilman Jablin's restaurant. Mayor Russo suggested
City Manager Herakovich get with the City Forester again
and see what his recommendations are and report back.
TOWN MEETING Mayor Russo reminded everyone present that there would be
a Town Meeting on Monday, June 28, 1993. Mayor Russo
felt there should be a presentation at the meeting by the
Police Chief; an EMS presentation; discussion about any
other budget items; what it will cost the taxpayers per
home under the proposed budget; let the residents know
about the golf course. Vice Mayor Monroe also suggested
taxpayers be more informed about a police facility and
Acting City Manager Herakovich was asked by Mayor Russo
to include this. Acting City Manager Herakovich was
directed to talk to Joe Wise and get some projection of
what a police facility entails on a 30 -year basis. Vice
Mayor Monroe also suggested that handouts - anything that
residents can hold in their hands and review - would be
a big help, especially when talking about millage rates.
ADJOURNMENT There being no further business to come before the City
Commission, Vice Mayor Monroe made a motion to adjourn;
seconded by Councilman Jablin. Passed unanimously. The
CITY COUNCIL REGULAR MEETING, 6 -17 -93 16
meeting adjourned at 9:30 PM.
APPROVAL J
MA OR tU560 COUN I N B j
VICE MAYOR/ MONROE COUNCILWOMAN FURT"'O
COUNCILMAN CLARK
y�I�I%A V. KOSIE CITY CLERK