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