Loading...
HomeMy WebLinkAboutMinutes Council 052093CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MAY 20, 1993 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:47 PM, in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL The City Clerk called the roll and present were Mayor Russo, Councilman Jablin, Councilwoman Furtado and Councilman Clark. Vice Mayor Monroe was not in attendance as she was out of town. ANNOUNCEMENT Mayor Russo stated the announcements were as posted on the City's Bulletin Board. PRESENTATIONS Presentations were made by the Mayor and the Chief of Police to Sergeant J. Spencer and Sergeant A. Wesenick on recent promotions to Sergeant positions. ITEMS BY THE CITY MANAGER The Acting City Manager brought the Council and audience up to date on what is happening with the Seacoast Utilities Line that was attempted to be constructed through the underpass of I95 - unsuccessfully. They have now gone to Plan B which is to put it under Burns Road instead. They are looking at doing it on weekends to minimize disruption to businesses. Because Burns Road is a City road, the Council must give approval before the project can start. CITY COUNCIL REGULAR MEETING, MAY 20, 1993 r. The County has received the City's request for a Stop Light at Burns Road and Gardens East Drive, because of the incidence of accidents there. The County will complete a traffic analysis of that area approximately the second week of June, and hopefully will recommend a light. The staff was able to put together three grant applications through the ICED T program for three different pedestrian sidewalks: 1) A sidewalk to go under the Burns Road overpass; 2) Riverside Drive sidewalk from the elementary school to Burns Road; and 3) Wheelchair accessibility through Gardens Park. The Acting City Manager stated there is a lot of competition for this money, but it is hoped that the application will be successful. The Parks and Recreation Needs Assessment was mailed to residents this week. They were mailed by random computer selection of labels so that 10% of the residents who were mailed the newsletter and other information, will receive them this week. ITEMS BY THE MAYOR AND COUNCIL: Councilwoman Furtado Councilwoman Furtado asked if the City ever resolved the situation regarding the down payment given to DiVosta for the building on Riverside Drive. Mayor Russo stated that there was a $5,000 deposit and that the City has until CITY COUNCIL REGULAR MEETING, MAY 20, 1993 3 December to exercise a contract; if not, the money will be refunded. Acting City Manager Herakovich will check on this matter. Councilwoman Furtado inquired about what the City had in the way of labor negotiations for the month of April that amounted to $19,300 +, since that's the amount we paid. A discussion ensued. Mayor Russo stated that an audit should be done of all outside legal fees the City has been paying; what they were being paid for in the past and if we have any obligation in the future to pay them. Mayor Russo stated his concern that the City employs a Miami firm for labor negotia- tions and that perhaps a local firm could serve the same purpose for less money. Mayor Russo stated the amount of legal fees spent on the golf course, to date, is $122,719. From June of 190 to April 193, the City has spent $223,000 relative to litigation, labor negotiations and labor issues. Mayor Russo announced there is a meeting scheduled June 11 to meet with the Hogg /Allen law firm to find out what they're doing and what it will cost to finish, what their billing rates are, etc. Acting City Manager Herakovich requested that the City assign one person on the Council to work with her to make recommendations. She pointed out that it's not only legal services that may be in question, but also other professional services, such as engineering costs, and it CITY COUNCIL REGULAR MEETING, MAY 20, 1993 4 would be helpful to the staff to know what the Council's feelings are before employing the outside services for additional work. Mayor Russo assigned Councilman Clark. Regarding the resolution that was passed in support of the State Attorney's Community Prosecution Program, copies will be sent to the Judges to show Palm Beach Gardens support of Barry Krischer's program. Councilwoman Furtado stated that at the MPO meeting, one of the main items discussed was mass transit. The MPO scheduled a Workshop for June 1 and requested the City do a phone survey to get an idea how the people in Palm Beach Gardens felt about this and if they would use the mass transit more if there was a better system than we have now. Councilwoman Furtado would like to go to this meeting with some input, even though it wouldn't be official. Acting City Manager Herakovich stated, and the Council agreed, the MPO requested to be put on one of the Workshop agendas for a 15 minute presentation. Councilwoman Furtado discussed a suggestion made by Ben Benowitz in regard to hiring an Interim Finance Director until a Finance Director is hired. She stated she thought this would take some of the pressure off administration. Mayor Russo stated that the finances of the City are being taken care of on a day to day basis and there is not a situation that we don't have anyone. The CITY COUNCIL REGULAR MEETING, MAY 20, 1993 WE system we have is working. Mayor Russo is not comfortable with hiring an Interim Finance Director, even on a con- sultant basis, as this would entail creating new systems and perhaps changing them when the new Financial Director is hired. Councilwoman Furtado requested the City address the issues and the problems of Military Trail. Mayor Russo stated that his recommendation is to establish a Military Trail Task Force. He had spoken to Tom Celantano, Dr. Stern, and Barry Merman, all of whom would be interested in serving on this committee. Mayor Russo felt these people were extremely qualified and though they don't live in proximity to Military, they can really help. Councilwoman Furtado suggested that Eleanor Birdsall be contacted to serve. Mayor Russo stated that Ms. Birdsall will be away all summer, however she can join the Task Force when she returns. Councilman CC aarr In response to Councilman Clark, Mayor Russo stated he spoke to Attorney John Copeland on Monday who stated that Mr. Orr does not want to resign the post on the Seacoast Utility Authority at this point in time. Mr. Orr said that was the agreement he had made and he wants the City to honor that agreement. Acting City Manager Herakovich will contact Rem Bishop and invite him to next Thursday's Workshop to discuss CITY COUNCIL REGULAR MEETING, MAY 20, 1993 6 with the City Council the responsibilities of being on the Seacoast board, so the City Council can decide - after they have all the facts - what to do. Mayor Russo is concerned about the possibility of a law suit, however Councilman Clark stated that based on the agreement, there is no reason why Mr. Orr cannot be asked to step down. Councilman Clark moved the Council act to remove Mr. Orr as our representative on the Seacoast Utilities board, without cause , and replace him with Acting City Manager Herakovich. Councilwoman Furtado seconded that motion. Discussion: Councilman Clark stated that we should have someone on that board who is in accord with the way the current Council is thinking - someone who is in communication with the Council on a regular, friendly basis. Attorney Baldwin discussed this with City Attorney Brant, and concurred there was no resolution regarding Mr. Orr's letter accepting his resignation. The Council accepted his resignation by vote, however, Mr. Orr's statements offering his assistance to serve on Seacoast does not mean he cannot be asked to step down when the Council is ready to replace him. Attorney Baldwin stated that the City Council has to take the step to put a person on the board with whom they are comfortable and this is the appropriate thing to do. Councilman Jablin concurred he is not comfortable with Mr. CITY COUNCIL REGULAR MEETING, MAY 26, 1993 Orr representing the City at Seacoast because the Council does not have an ongoing relationship with him. It is a seat on the board of directors on an operating Water Utility. The board meets once or twice a month, and actual operations are carried on by a regular staff. The board is there to provide overall direction. This would require that the representative on the board receive direction and input from the City Council which would influence his activity at Seacoast. Mayor Russo agreed that Seacoast is a big asset in the City but did not want to make a decision until the Council learns more about the Seacoast board at the next Workshop. He also stated that this might be too much to add to what Acting City Manager Herakovich already is doing. Mayor Russo stated he would like to wait two weeks to bring this to a vote, however, he would be supportive if the other council - members wanted to vote on this issue. Councilman Clark stated that he would be more comfortable if they voted at this meeting, as at this time the Council is not informed about what is going on at Seacoast and if they have a representative on that board who comfortably communicates With the Council, it would be better. Attorney Baldwin stated the Council has the right under the Seacoast agreement to remove a representative with or without cause. CITY COUNCIL REGULAR MEETING, MAY 20, 1993 This would require a motion by the Council. 8 Councilman Clark withdrew his existing motion and moved for two separate motions: 1) Motion that City Council remove John Orr as it representative on the Board of Directors of Seacoast Utility Authority without cause, effective this evening, May 20, 1993. Councilwoman Furtado seconded. Discussion: Mayor Russo stated that he will vote in favor of this motion even though he is not comfortable with it occurring at this meeting. He also stated it is better to go forward and have united relationships with people representing the City and with this Council. Motion carried 4 -0. 2) Motion that the Council appoint Acting City Manager Bobbie Herakovich as the City's representative on the Board on Directors of Seacoast Utility Authority, effective this evening, May 20, 1993. Councilwoman Furtado seconded the motion. Discussion: Councilman Clark asked Acting City Manager Herakovich to come to the Council if she finds it is too much for her to do and the Council will reconsider a new appointment. Mayor Russo stated that he does not feel comfortable with the new responsibilities being assigned to Acting City Manager Herakovich. The motion passed 3 -1. Mayor Russo voted against. CITY COUNCIL REGULAR MEETING, MAY 20, 1993 9 Councilman 75-5T-in Councilman Jablin brought up for discussion the dog -bite incident at the City nursery. He would like information. At the moment, the City is paying for the bills for the damage caused by the dog. The dog will not be returned to City property. Councilman Jablin stated he would like to know more about that Nursery; when we were given the nursery, what responsibilities we have, how long is the lease, what does is actually save the City, etc. Acting City Manager Herakovich stated that there are two staff assigned to the Nursery to tend and care for the trees and the trees can be planted on City property. She will ask the Forester for a full report. Mayor Russo Mayor Russo complimented Acting City Manager Herakovich on the excellent report she submitted which was compiled from Departmental Monthly Reports for the month of May. Mayor Russo stated that they were at the County Commission meeting on Monday, May 17, 1993. The City of Palm Beach Gardens requested the CON be awarded to Bethesda Ambulance Service. Three members of the County Commission felt that was the right way to go and three others did not. The next meeting will be on June 1. Mayor Russo requested that as many of the Council and residents attend that meeting and basically tell them that home rule should have a word and when the largest majority of the North County cities want CITY COUNCIL REGULAR MEETING, MAY 20, 1993 10 them to go with Bethesda, then they should have that option. Mayor Russo reported on a conference call with the DCA on Wednesday re: the ORS Report that the County received as it relates to Jog Road. On June 14 the subject will come before the County Commission. The landowner approved of ,that we are doing and is in favor of the Interlocal agreement. COMMENTS BY THE PUBLIC Ben knnewitz_ Mr. Bennewitz , resident, addressed the City Council re: his concern with the City's budget process and the City's major potential financial problems. The Council should have someone that can pull together the financial issues, so the Council, in their workshops, can work in an organized fashion to understand those issues. It is important to get a clear picture that would be presented with respect to what the alternatives are and what their full impact would be. Mayor Russo stated that the Council is already dealing with some of the issues; in bidding on insurance, for example, we have a schedule detailing when contracts come up for bid - scheduling out all the contracts we have, etc. Mayor Russo stated that if we had a Finance Director it would help, and that there is a need for a central purchasing department. Mayor Russo stated he appreciated Mr. Benowitz's comments. CITY COUNCIL REGULAR MEETING, MAY 20, 1993 11 CONSENT AGENDA A request was made to remove item 2, Resolution 52, 1993, Police Reserve By -Laws from the agenda for discussion. A motion was made by Councilwoman Furtado to approve the remainder of the Consent Agenda, seconded by Councilman Clark. Motion was unanimously carried. The following items were approved on the Consent Agenda: 1. Resolution 42, 1993 - Appointment of members to the Planning and Zoning Commission. 3. Resolution 58, 1993 - Approval of Recommendation of Merit System Board regarding certain job descriptions (Superintendent of Parks, Superintendent of Recreation, Supervisor of Grounds Maintenance, Supervisor of Facilities Maintenance, Group Leader, Equipment Maintenance) 4. Resolution 59, 1993 - Approval of minor amendment to Palm Beach Community College Performing Arts Center PUD, approved by Ordinance 6, 1992. Resolution 52, 1993 Councilman Clark stated he has no problem with having the Police Reserve and having rules and regulations regulate them. His concern is that they are not being presented with rules and regulations by the Police Chief. Instead, these are By -Laws of a non - profit corporation that is formed in connection with the Police Reserve. Councilman Clark stated it was probably never contemplated that the Council would be approving the By -Laws of an independent corporation. Approving By -Laws is the job of their board of directors or members of that association. The City should be receiving something simply labeled, Rules and Regulations Governing Police Reserve Force, and we should approve that. If we CITY COUNCIL REGULAR MEETING, MAY 20, 1993 12 approve the By -Laws, we are setting ourselves up fiduciaries in connection with the corporation, which isn't good for the Council or that corporation. They should be able to govern themselves. Councilman Clark suggested this be brought back to the Council in a different format. PUBLIC HEARING Ordinance 5, 1993 Mayor Russo declared the Public Hearing open, which was duly advertised 5/5/93 and held on the intent of Ordinance 5, 1993, amending Ordinance 21, 1992, same being the budget ordinance of the City of Palm Beach Gardens for the fiscal year beginning 10/1/92 and ending 9/30/93, inclusive. There being no comments from the public, Mayor Russo closed the Public Hearing. Per a unanimous vote of the City Council, the City Clerk read ordinance 5, 1993, by title only, on second and final reading. Councilman Clark made a motion, seconded by Councilwoman Furtado. The motion was unanimously carried. Resolution Amendment to Site Plan for Palm Beach Gardens Business Park. This was a request by Mr. George Kelly, partner of Burns Road Associates, to amend the approved development plans for the Palm Beach Gardens Business Park Site Plan. The two CITY COUNCIL REGULAR MEETING, MAY 20, 1993 13 amendments: 1) Architectural changes, and 2) Landscaping (there were violations during construction). Staff had no problem with the request. Councilman Clark made a motion to approve this resolution and Councilwoman Furtado seconded. The motion was unanimously carried. Resolution 54, 1993 Amendment to Site Plan for Gardens Towne Square. This petition reflected a change in the approved square footage for the shopping center. The construction of a 572 square foot truck well and receiving room expansion for the future Office Max supplies store. The color and material of the addition will match the existing shopping center. The addition will also require the relocation of two Oak trees. If they don't survive the move, they will be replaced. The Council concurred that the Center looks very nice and they are looking forward to Office Max being located there. Councilwoman Furtado made a motion to accept Resolution 57, 1993, and Councilman Jablin seconded. The motion was unanimously carried. Resolution 55, 1993 Appointments to the Space Allocation Committee. Mayor Russo stated that there should be a minimum of five and a maximum of nine committee members. The Mayor also stated he favors the Police Chief to be the staff designate on this committee, along with Jeff Ornstein, Mike Anderson, Vince CITY COUNCIL REGULAR MEETING, MAY 20, 1993 14 Pappalardo, (contractors), and Gary Krielow, CPA, all of whom are willing to serve. Acting City Manager Herakovich stated that since the resolution concerns future need, a representative from Planning staff should be on this committee. In addition, she is not comfortable with the mission statement, and suggested that staff re -write it. Councilwoman Furtado suggested to ask Mr. Brock to also serve. He asked and said he is willing to serve. Resolution :� 55, 1993, will be considered for approval at a future meeting. Resolution Appointments to the Sign Ordinance Committee. The Sign Code Study Committee would consist of five persons: Jack White, a Chamber person, Jack Hanson, (building official), and a Merchants' Association person. Former Council Member, Don Kiselewski, volunteered to be on this committee. Council- woman Furtado suggested Mr. Joe Blair, owner of Community TV be appointed. Mayor Russo explained that the Sign Ordinance is very technical. A discussion pursued about reviewing the Ordinance. Mayor Russo stated if the Ordinance were to be reviewed, etc., then the mission statement will have to be changed. Councilman Clark stated that not only is it the City's intent to balance aesthetics and public safety, but also the needs of the business CITY COUNCIL REGULAR MEETING, MAY 20, 1993 15 community. He felt we needed to make sure the Sign ordinance not only works from the standpoint of having a nice uniform look in the City, but also make it possible for the smaller businessmen to make sure the people come into their businesses. There have been some complaints of people saying, "People don't know I'm here and they go by." Councilman Clark stated that the City certainly want to encourage the business community to feel more comfortable and felt the Sign Ordinance has been sore point with a lot of them for that reason. The Council will consider Resolution 56, 1993, at a future meeting. Resolution 57, 1993 Appointments to the Charter Review Committee. The City Council discussed appointing: Steve Mathison, Gary Field, Lynn Hawkins, Tom Baird, Lee Everett, and Linda Kosier, City Clerk. Tom Baird is the City Attorney in Jupiter and might be able to bring some insights. If we are creating a task force or a study group, there probably isn't anything in the code to preclude our ability to appoint someone who is not a resident. The Acting City Manager will contact the City Manager's Association re: an appointee from that group. CITY COUNCIL REGULAR MEETING, MAY 20, 1993 16 The Council will further consider Resolution 57, 1993, at a future meeting. ordinance 7T-177T-- Per consensus of the City Council, the City Clerk read, on first reading, 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, Florida, from the requirements of Ordinance 89 -23 adopted by the Board of County Commissioners. Ordinance 8, 1993 Per a consensus of the City Council, the City Clerk read, on first reading, Ordinance 8, 1993, Amending the Comprehensive Land Use Plan of the City by approving a density reduction land use overlay on 1450 acres. OTHER BUSINESS Per the recommendation of the Local Planning Agency, Councilman Clark made a motion, seconded by Councilwoman Furtado, to authorize staff to transmit Amendments to the Comprehensive Land Use Plan for the City of Palm Beach Gardens to Florida Department of Community Affairs for their Determination of Compliance /Consistency with Statutory Requirements re: Future Land Use Element Policy 1.1.5.1(b) (TAZ 848). The motion was approved by a vote of 4 -0. ITEMS FOR DISCUSSION request for a three -year time extension to the outparcel part of The Oaks Center of The Oaks Planned Unit Develop- CITY COUNCIL REGULAR MEETING, MAY 20, 1993 17 Ment, at the corner of Burns Road and Prosperity Farms. Council adopted a resolution which required an updated traffic impact analysis prior to final consideration of any request for time extensions. A traffic study was provided and David Getz recommended approval with the addition of one condition, as follows: The construction contract for the four - laning of Burns Road from Gardens East Drive to Prosperity Farms Road, including am eastbound left-turn lane for The Oaks Center, shall be let prior to the issuance of the building permit and said improve- ments of Burns Road shall be completed prior to the issuance of the Certificate of Occupancy. The Planning and Zoning Commission expressed concern with the way Mr. Getz re -wrote the condition, feeling it would allow I— this property owner and anyone who would buy in the future to continue to say that as long as that road isn't built they get time extensions. It is now interpreted that if you want your project built on that road, you build the road and you can build your project. The funding for Burns Road, under our original ordinance, comes from the building department as the units are developed within The Oaks. The Agreement includes the 484 multi- Family Oaks development and 416 single family as well as Gardens East Apartments, Sienna Oaks, Northcorp, and a number of projects that together generate the funds. The Oaks impact fees went into that overall program to create the funds necessary to build those roadways. The Interlocal Agreement was created for all parties that were benefiting. CITY COUNCIL REGULAR MEETING, MAY 20, 1993 18 Acting City Manager Herakovich stated they hoped to go ahead with the road as soon as possible, but some groups cannot contribute. The Council stated they did not have problems with a three -year extension and will consider a resolution for approval at the next regular meeting. ADJOURNMENT There being no further business to discuss, the meeting adjourne at 9:50 PM. APPROVAL _ �AY y RLYS C6lwcd I LI VICE MAYOR MONROE COUN ILMAN FURTADO X J COUNCILMAN CLARK i A V. ROSIER CITY CLERK