HomeMy WebLinkAboutMinutes Council 100793CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
OCTOBER 7, 1993
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Russo at 7:30 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 City Clerk called the roll and present were Mayor
Russo, Vice Mayor Monroe, Councilman Jablin, Councilwoman
Furtado, and Councilman Clark.
PRESENTATION Mayor Russo presented a plaque to former Councilman
Donald Kiselewski from the City Council, city Manager,
City Employees, and residents of the city in appreciation
of 12 years dedicated and conscientious service to the
City of Palm Beach Gardens, from 1981 to 1992.
ITEMS BY THE
CITY MANAGER City Manager Herakovich informed the City Council that
the area of Westwood Lakes has experienced serious
flooding this week due to heavy rains and improper
drainage. Because this area was originally in the County
and later annexed into the city, several entities are
involved in various aspects of jurisdiction, including
the homeowners association for Westwood Lakes, the
COUNCIL REGULAR MEETING, 10/7/93 PAGE 2
County, and the Northern Palm Beach County Water Control
District. The City Manager called these entities
together and identified improvements that need to be made
in the storm drainage system, i.e., areas that need to be
cleaned out to increase water flow. Mayor Russo stated
the City could not just fix the problem because it is not
under our jurisdiction but should take a leadership
position to be sure residents are taken care of by being
sure meetings are taking place and that the problem is
being remedied.
The City Manager stated that she met with residents who
are members of the YMCA and County Commissioner Karen
Marcus, concerning the future of the YMCA building. The
City Building Inspector and County Facility Manager will
be going through the building to identify improvements
that would need to be made to meet codes and safety
requirements, along with a cost estimate so that the
feasibility of a possible public /private partnership can
be determined.
City Manager Herakovich stated that because of an
incident today where an unknown person discarded paint
thinner and fertilizer into construction dumpsters at
Tanglewood Apartments and two maintenance workers became
ill, the City has requested that contractors more closely
supervise their dumpsters or lock them to avoid
unauthorized use.
COUNCIL REGULAR MEETING, 10/7/93 PAGE 3
City Manager Herakovich reported regarding Attorney RFPs.
Council agreed unanimously with the City Manager to
accept proposals that came in after the 4:30 deadline,
but before 5 p.m., and that the Council will interview
the top 3 -5 candidates - -those candidates to be determined
by use of an evaluation chart of important qualifications
devised by the City Manager.
At the recommendation of the City Manager, the City
Council unanimously agreed to schedule workshop meetings
for the second Thursday of each month beginning 10/14/93.
ITEMS BY MAYOR
AND CITY COUNCIL
Councilwoman Furtado
Councilwoman Furtado reported that the Space Allocation
Committee's final report and recommendations would be
presented at the next regularly scheduled Council meeting
on 10/21/93.
A serious problem at Palm Beach Gardens high school is
security. Chief Fitzgerald is now looking into loitering
problems around the high school and Howell Watkins Junior
High School. Parents have volunteered to be in corridors
and on school grounds. Councilwoman Furtado requested
any interested adult attend a Pep rally at the high
school tomorrow to provide high visibility of adults at
the school. Councilwoman Furtado stated people are
COUNCIL REGULAR MEETING, 10/7/93 PAGE 4
pulling their children out of school because of lack of
security, and requested that drug free school zone signs
be placed around schools in Palm Beach Gardens. Mayor
Russo stated Commissioner Karen Marcus had requested his
support in dealing with school problems, and that these
problems must be solved.
Vice Mayor Monroe Vice Mayor Monroe stated that as she reported at the last
City Council meeting, with the direction of the Policy
Statement from the Planning Forum, the last item was
implementation and the old Steering Committee would meet
to determine the makeup of the New Steering Committee.
The meeting took place and the Steering Committee
requested each go back to their respective bodies and ask
that a workshop be held on that Policy Statement, to say
what the Council truly endorses and what items they
cannot live with in order to give their representatives
some direction re: implementation.
Representation is to be one elected official with a
delegated alternate with voting rights, plus residents as
follows: City of Jupiter will appoint one resident
representative from North County area, City of Palm Beach
Gardens will appoint one resident representative from
Palm Beach Gardens general area and County will appoint
one resident representative from unincorporated area.
Each council member was requested to scan the policy
statement before next week to determine direction and a
COUNCIL REGULAR MEETING, 10/7/93 PAGE 5
written comment from the City saying they intend to
participate in the next phase, as the Council has an
option to participate or not.
Councilman Jablin Councilman Jablin stated there would be a meeting of the
Landfill Committee on Monday Oct. 11 at 7 :30. The Dames
and Moore study will be out tomorrow 10/8/93. Landfill
Committee members will meet every Monday until job is
done. Lennart Lindahl, City Engineer, volunteered to put
together a peer study of the Dames & Moore study by
people who have had no contact with the MacArthur
Foundation, so there will be no question as to validity
of that study.
Mayor Russo Mayor Russo stated he sent a letter 2 weeks ago to
District 1 County Commissioner Karen Marcus and County
Chair Mary McCarty about the city's golf course. Since
the County had planned in the future to build a golf
course in North county, the City has requested they work
together to deal with City's underutilized golf course.
Commissioner Karen Marcus was very supportive of this
effort. Mayor Russo has scheduled a meeting scheduled
Commissioner McCarty and head of County's Parks
Department for the first part of November.
Mayor Russo reported he attended a meeting 2 weeks ago
and another this afternoon re: the proposed Braves
stadium. County Commission wants northern municipalities
to contribute money, however, Mayor Russo felt the bed
COUNCIL REGULAR MEETING, 10/7/93 PAGE 6
tax was in place for this purpose. Jupiter is being
asked to make a major contribution. Mayor Russo
personally felt that the direction the county should take
is to get this done and then work on it together
utilizing the bed tax, and coordination with developers.
Once the economy & the golf course are back on track the
City would be in a better position to consider
contribution.
County Commissioner Karen Marcus, Mayors and
representatives of North county, Larry Pelton from the
Development Board Dale Smith from the Foundation Land
Company, and representatives of the various Chambers, and
Palm Beach Community College, met this morning to try to
do something for North County economic development. The
Development Board committed to put a sales person in
place for North County, spending 100% of their efforts on
North County. The Committee discussed an incentive bonus
relocation program for North County in order to attract
companies to this area. Councilwoman Furtado stated that
we need to coordinate between ports, rail and air to be
able to get commodities out. Mayor Russo suggested the
City become a member of Business Development Board,
target what we want and work on that specifically. Larry
Pelton of the Development Board would meet with corporate
heads and see what they are looking for as we need to
bring in jobs to this area.
COUNCIL REGULAR MEETING, 10/7/93 PAGE 7
T In response to Mayor Russo, who asked when the traffic
light at Burns Road and Gardens East will be done. The
City Manager stated it is close to the end of the 60 days
it was to take for this job and she will request further
information.
COMMENTS FROM THE PUBLIC
Denise Krulis Denise Krulis of 5806 Golden Eagle Circle, Vice President
of Westwood Gardens, stated flooding has been a major
problem in her neighborhood. The 8 governmental entities
now involved in their flooding problem have put together
a task force to meet next Thursday. She stated the
County has furnished copies of original permits,
blueprints and engineering designs to Northern Palm Beach
County Water Control District and she gave Council copies
of original approved drawings. She invited interested
council members to attend meeting next Thursday at 9 AM
at Northern Palm Beach County Water Control District.
City manager stated engineering & public works staff will
be at the meeting. Mayor Russo assured her that the City
will aggressively support the residents in solvinge this
problem.
Jeff Sabin Mr. Jeff Sabin stated he is the Chair of the
Recreation & Parks Advisory Board and requested
assistance concerning the 16.9 acre Klock property
to the north and to the east of the Klock building
on Burns Road. He asked for confirmation on actual
COUNCIL REGULAR MEETING, 10/7/93 PAGE 8
ownership of the property. Mayor Russo explained
this land was received under agreement with
Foundation Land Company whereby they would get
credit for recreation impact fees in the future,
and the City Council members at that time did not
decide what to do with it. The Council agreed with
Mayor Russo that since offsetting against
recreation impact that it should be part of
recreation lands and may need to be redesignated
from public to recreation. Rich Walton, in
response to question by Vice Mayor Monroe, stated
parks are all designated recreational open space to
meet our level of service; however this parcel was
not included in calculations of level of service at
the present time. If designated recreation land it
is required to be actively used for recreation.
Mr. Sabin also requested information re: if there
were any restrictions for development in the
agreement. Staff will research this request.
CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman
Jablin, to approve the consent agenda. Vice Mayor Monroe
asked the minutes be amended under Resolution 114, 1993
to include "The motion was withdrawn" at the end of the
paragraph, since a motion was made and seconded to
v approve the resolution; however, it was the concnsus of
COUNCIL REGULAR MEETING, 10/7/93 PAGE 9
the City Council to table the resolution until the
engineering fees could be determined.
Councilman Clark withdrew his motion to approve the
minutes and made a motion to approve the minutes as
amended. Seconded by Councilwoman Furtado. Motion
unanimously approved.
PUBLIC HEARINGS:
Ordinance 16 -A, 1993
Mayor Russo declared the Public Hearing open, to consider
Ordinance 16 -A, 1993, approving a budget for Fiscal Year
1993 -1994. It had been discovered that the notice
published in the newspaper contained a small difference
in the figures so the advertisement was re- advertised.
All original comments remain on the record. The City
Manager summarized certain aspects of the budget stating
percentage of increase over the rollback necessary to
fund the 1993 -94 fiscal year budget was 23.9$% and
nothing has been changed as far as additions to the
budget.
Jim Delonga Jim Delonga of Palm Beach Gardens stated he had
previously offered a suggestion to reduce the budget by
$36,600 and now asked the Council to consider an
additional savings of $24,000 by cancelling their
medical and dental expenses. Mr. DeLonga also asked
whether a decision has been made on hiring out of state
COUNCIL REGULAR MEETING, 10/7/93
Linda Prentiss
Resolution 113 -A
ORDINANCE 16 -A
finance manager or if a local person could be considered
for the position.
Linda Prentiss, resident of Monet Oaks, Palm Beach
Gardens, stated she has lived in this area 32 years. She
stated residents of Monet Oaks find taxes getting out of
hand and would like to see something done. Mayor Russo
advised the council is doing many cost containment
procedures this year as well as trying to do something
with the golf course.
There being no further comments from the public, Mayor
Russo declared the Public Hearing closed.
Motion to approve Resolution 113 -A, 1993 was made by
Councilwoman Furtado, seconded by councilman Clark.
Mayor Russo read portions of Resolution 113 -A, 1993 that
stated a millage rate of 4.117 per 1,000 valuation of
real and personal property exceeds the rolled -back rate
by 21.03 percent. Section One stated a millage rate of
4.058 and voted rate of .059 is levied and shall be
collected on all real and personal property located
within the City of Palm Beach Gardens. Motion then
passed 4 to one, with Vice Mayor Monroe voting against
the motion for reasons previously stated at the 9/23/93
Public Hearing.
Per a concensus of the City Council, the City Clerk read
by title only, on first and final reading (emergency
basis), Ordinance 16 -A, adopting a budget for the Fiscal
COUNCIL REGULAR MEETING, 10/7/93 PAGE 11
Year 1993 -1994.
Councilwoman Furtado made a motion, seconded by
Councilman Clark to adopt Ordinanc 16 -A. The motion
passed by a vote of 4 -1, with Vice Mayor Monroe voting
nay, for reasons previously mentioned. Mayor Russo
commented on a letter he received the past week from the
Tax Cap Committee. He stated he is in favor of a tax cap
on spending, but not on funds that relate to dollars
beyond control, so that government could still work.
Councilwoman Furtado stated Council needs to communicate
better with residents regarding the whole picture of city
finances.
RESOLUTION 114, 1993
Resolution 114, 1993, relating to the re- appointment of
the City Engineer, was tabled at the last meeting so that
the question of whether the Engineer's fee would remain
the same as last year could be determined. After City
Manager Herakovich reported basically no increase,
Councilwoman Furtado expressed concern that some process
is needed to compare present City Engineer's fees with
those of other Engineering firms. Mayor Russo then
explained the process to hire an engineer is based on
qualifications only with no discussion of fees. After
selection fees are negotiated. Mr. Lindahl, City
Engineer, addressed the Council, outlining the RFQ
COUNCIL REGULAR MEETING, 10/7/93 PAGE 12
procedure. It was the consensus of the Council that this
appointment be made at this time.
Vice Mayor Monroe made a motion to approve Resolution
114, 1993, seconded by Councilman Clark, and unanimously
approved.
RESOLUTION 115, 1993
The city Council discussed Resolution 115, 1993,
regarding salaries and fringe benefits for department
heads, assistant department heads, and officers. Minor
changes agreed upon were to change the date in Section 1
from 1992 to 1993 and 1992/1993 to 1993/1994, and to add
the word "Budgeted" in front of "Fringe Benefits." Vice
Mayor Monroe made a motion to approve Resolution 115,
1993 with those minor corrections. Motion was seconded by
Councilwoman Furtado, and unanimously approved by the
City Council.
RESOLUTION 116, 1993
The City Council discussed Resolution 116, 1993,
Establishing and Adopting the Minimum and Maximum
Salaries of the Job classifications in the Merit System.
After a lengthy discussion, and line -by -line discussion
of salary ranges. Mayor Russo requested staff amend the
ranges so the Council would be voting to approve actual
corrected figures. The Council will then consider
approval of this Resolution later in the agenda.
RESOLUTION 117, 1993
COUNCIL REGULAR MEETING, 10/7/93 PAGE 13
Vice Mayor Monroe made a motion to approve Resolution
117, 1993, Amending the Rules and Regulations of the city
Merit System by including a Medical Leave Policy, which
was seconded by Councilwoman Furtado, and unanimously
approved by the City Council.
RESOLUTION 121. 1993
RESOLUTION 122, 1993
The City Council discussed Resolution 121, 1993,
appointing a representative and an alternate
representative to the Multi- Jurisdictional Issues
Coordination Forum. The following names were inserted in
the blanks:
David Clark - representative
Kim Glas - alternate representative
Councilman Clark made a motion, seconded by Vice Mayor
Monroe, to approve Resolution 121, 1993, with the above
names. Resolution 121, 1993, was unanimously adopted by
the City Council.
Upon motion made by Vice Mayor Monroe, seconded by
Councilwoman Furtado, the City Council approved
Resolution 122, 1993, with City Manager Bobbie Herakovich
designated to be the City official who may file a written
Notice of Intent to Object and formal objection.
Resolution 122, 1993, was unanimously approved by the
City Council.
COUNCIL REGULAR MEETING, 10/7/93
RESOLUTION 120, 1993
PAGE 14
Mark Hendrickson, City Forester, discussed Petition LV
93 -01 brought by William W. Branch, agent for Branch
Management, to approve a landscape plan with landscape
variances for Garden South Plaza at 4203 -4241 Northlake
Boulevard, directly behind Discount Auto and west of
Keating Drive. Subject property consists of two pieces
of property, the store at the end of the strip closest to
Keating not being apart of this application. Applicant
is asking for variance of the minimum landscape
requirements to only approve what is existing and not
bring the property up to minimum landscape requirements.
Consensus of Council was to change the wording of
Resolution to replace the word "granting" in the title
with "denying ", and in Section 2, line 2 change "grants"
to denies ", striking the rest of section two. Motion
made by Vice Mayor Monroe to approve Resolution 120,
1993, as amended. Motion was seconded by Councilwoman
Furtado, unanimously approved by the City Council.
RESOLUTION 116, 1993
City Manager Bobbie Herakovich, having furnished Council
members with the changes made to this Resolution earlier
in this meeting, called to the attention of the Council
that one change, Secretary II, reflects the current
salary which is higher than the maximum range. Vice
Mayor Monroe made a motion to approve Resolution 116,
COUNCIL REGULAR MEETING, 10/7/93 PAGE 15
1993. Seconded by Councilwoman Furtado, and unanimously
approved by the City Council.
ITEMS FOR DISCUSSION
THE SANCTUARY PUD (Parcel 1.1)
Presentation was made for a request to rezone a 80.13 -
acre site from the Palm Beach County zoning designation
of AR, Agricultural Residential, to the City's
designation of PUD, Planned Unit Development, and site
plan approval for the construction of 184 single - family
detached and zero lot line residential homes located
approximately 1,350 feet west of Prosperity Farms Road,
immediately west of Crystal Point residential
subdivision. It was decided the problem of the residents
v in this community not having as quick a response time
from Fire /Rescue as other residents could be dealt with
by an announcement incorporated into documents at time of
sale which would state they are currently not getting a
5- minute response time. It was decided to provide access
to Fire /Rescue by extending Flamingo Road through to
Alternate A1A and stabilizing but not paving until later.
A workshop on extending Flamingo Road would be scheduled
sometime in the future. Vice Mayor Monroe requested a
workshop also be held in the near future on the issue of
minimum crosssecti,ons for PUD roads, sidewalks, etc.
Staff was directed to prepare the necessary documents and
schedule an Ordinance for first reading at the 10/21/93
COUNCIL REGULAR MEETING, 10/7/93
PAGE 16
Regular City Council meeting and advertise a Public
Hearing for the first regular meeting in November.
M/I HOMES After presentation from M/I Homes regarding their request
to re -zone a 56 -acre site from the Palm Beach County
zoning designation of AR, Agricultural Residential, to
the City's designation of PUD, Planned Unit Development,
and site plan approval for the construction of 185
single - family detached and zero lot line residential
homes located a quarter of a mile north of PGA Boulevard
on the east side of Central Boulevard. Major items of
concern which included keeping the Shady Lakes buffer
intact, and maintenance of the parkway buffer were
answered by the applicant stating these would be under
~ the jurisdiction of the homeowners association.
Applicant requested the Council consider Condition No. 8,
referencing $175,000 impact fee be refined before the
next meeting with possible credit given since they will
be spending a large amount to provide a pathway outside
the project for public use. The consensus of the Council
was they are not willing to give a credit, however agreed
this could be discussed again at next meeting.
Staff was directed to prepare the necessary documents for
first reading on 10/21/93 Regular City Council meeting
and to advertise a Public Hearing for the first meeting
in November.
COUNCIL REGULAR MEETING, 10/7/93 PAGE 17
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 11:30 P.M.
APPROVAL _ _``
4ORiJOSEPH R. RUSSO
VICE MAYOR LINDA MONROE
COUNCILMAN ERIC J BL
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
ATTEST:
LINDA V. ROSIER, CMC, CITY CLERK