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HomeMy WebLinkAboutMinutes Council 050693CITY COUNCIL REGULAR MEETING _. CITY OF PALM BEACH GARDENS MAY 6, 1993 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 8:00 F.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. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the T'E'EMS BY THE 'Y MANAGER City's Bulletin Boards, The City Council expressed no concerns with the Acting City Manager's request to allow the Merit Board to draft a policy statement to be included in the personnel manual regarding ADA compliance and EEOC language. The Acting City Manager pointed out that guardrails cannot be placed on Burns Road in the area discussed, however, the City has ordered rubber bumper poles with reflective tape. The Acting City Manager, requesting direction regarding the public information case (Ford vs. City of Palm Beach Gardens), stated the City Attorney's recommendation was not to appeal. The City Council agreed with the recommendation of the City Attorney. CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 2 The Acting City Manager stated the various Advisory Boards received the letter requesting information regarding how they felt they could better serve the council and residents. The Advisory Boards were thrilled to receive the request and are all meeting to discuss ideas. Referencing the softball event that took place at Gardens Park over the weekend, the Acting City Manager stated a new permit policy has been implemented to avoid damage to property. The Acting City Manager announced the new aerial truck has arrived and invited the Council and residents to visit the Fire station to see the new equipment. EMS BY MAYOR AND CITY COUNCIL Vice Mayor Monroe Vice Mayor Monroe stated the North County Planning Forum is at the point of looking for funding and requested $2500 as the share for our City. Per a unanimous vote of the City Council $2500 was committed for the North County Planning Forum event, with the money to be taken from the Council Contingency Fund. Vice Mayor Monroe stated that the newspaper article regard- ing the new Landscape Code was incorrect and that the Code does not state the shrubs and hedges could not be trimmed in a box -like manner. The Vice Mayor also pointed out that the tree part of the Code did not affect single - family homes. CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 3 Councilman Clark Councilman Clark reported on settlement meetings that were held with the former City Manager, John Orr, and briefly reviewed events leading to the settlement proposal. Councilman Clark stated the settlement basically required Mr. Orr to return $25,000 to the City, nearly 1/2 the disputed $52,000 placed in escrow. This amount would be credited on Mr. Orr's W -2 for tax purposes, however, there would be no adjustment for taxes or other withholdings paid by the City. The repayment will leave Mr. Orr a total of $48,800 in cash for accummulated vacation, sick pay, severance and deferred compensation, an amount which included the undisputed payments previously approved by the former City Council. Under the terms of the settlement, both sides would release all claims of any kind or nature relating to the disputed March 24th payment, and both sides would refrain from public comment regarding the settlement (the settlement agreement itself would be a public record). Councilman Clark stated that by forcing negotiations of the disputed payment the City Council has sent a message that they will not condone such unauthorized payments now or in the future. Councilman Clark stated that a civil action to recover these sums could cost tens of thousands of dollars and the City could not be sure that a favorable final result would be available. Councilman Clark stated CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 4 we simply did not know whether the matter was appropriate subject for criminal proceedings; therefore, the settlement insures recovery of a substantial portion of the disputed monies at a very low cost. Members of the City Council expressed their appreciation for the hours and effort expended by Councilman Clark to arrive at a settlement agreement. In response to Councilwoman Furtado and Councilman Jablin, Mayor Russo stated that the Seacoast Utility Authority appointment must remain a separate issue and not a condition of approval for this settlement. The City Attorney stated the City Council needed to look at the entire agreement, and added that he concurred with Councilman Clark's recommendation to approve the settlement agreement. Vice Mayor Monroe made a motion to accept the settlement agreement, seconded by Councilman Clark. The motion was unanimously approved. EMS Task Force Report Mr. David Panaia, Chairman of the EMS Task Force Committee, addressed the City Council, outlining efforts of the Committee to arrive at a recommendation to the City Council regarding EMS services. Mr. Panaia stated that the Committee recommended, by a vote of 5 ayes and 1 nay, the City contracting with Palm Beach County for fire - rescue services with the latest submitted contract. Mr. Panaia further stated that the Committee strongly CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 5 urged the City Council to support Bethesda Ambulance Service for Zone 2, and stated surrounding cities would also be showing their support. Some of the benefits that helped the Committee recommend the contract with Palm Beach County were: 1. County dispatch ability 2. Access to County Medical Director at no expense 3. Training assistance for city paramedics. 4. Adequate coverage for Frenchman's Creek Barry Merman, member of the EMS Task Force Committee, addressed the City Council, expressing his feelings re: quality of service and thanked the council for the opportunity to provide input on this issue. Mike Hoffman, representing Palm Beach Gardens Medical Center, addressed the City Council regarding the 12 -lead system, stating that the hospital has committed to support their end of the 12 -lead system. Mr. Thomas Vaughan, member of the EMS Task Force Committee, read a "minority report ", stating his reasons for opposition to the agreement with Palm Beach County. It was the concensus of the City Council to pay for paramedic training for personnel, to be done on their own time, with monies taken from Council Contingency. The amount the City would pay is approximately $2700 per person. The Acting City Manager was directed to research total cost and feasibility of this benefit. CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 6 It was also the concensus of the City Council to consider a resolution at a Special Regular Meeting on 5/13/93 in support of Bethesda Ambulance Service for Zone 2, and to consider Resolution 49, 1993, authorizing the Mayor and City Clerk to sign an Interlocal Agreement between the City and Palm Beach County for Fire Rescue Services. Mayor Russo Mayor Russo stated that representatives of the City's Pension Boards would attend the next workshop meeting of the City Council to discuss problem areas. Also on that agenda would be mission statements for ad hoc committees, the conceptual linkage plan and the environmentally sensitive land ordinance. .incilwoman �Yirtado Councilwoman Furtado referenced two fires that occurred this week in Palm Beach Gardens and stated that the City should research helping citizens that have experienced a disaster. Councilwoman Furtado stated she attended a meeting of the Merit Board who expressed concern with the Council approving job descriptions before the Merit Board had time to discuss same. Councilwoman Furtado stated that some of the advisory boards are not being used to their full potential and would like to see them bring recommendations to the City Council. CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 7 Vice Mayor Monroe Vice Mayor Monroe stated she attended a Task Force meeting for the location of a FAU site for north county. Councilman Jablin Councilman Jablin stated he attended a meeting of the Recreation Advisory Board and stated they were very excited regarding the letter they received and look forward to getting more involved. PUBLIC COMMENTS: Bill Meyers Bill Meyers, 1022 Shady Lakes Circle, addressed the City Council requesting they consider hanging banners throughout the City for civic activities such as the 4th of July celebration. Vice Mayor Monroe stated he should check with the DOT to determine if banners can be strung across Military Trail, etc. Mrs. Birdsall Mrs. Birdsall, resident of Palm Beach Gardens, requested information as to whether condo associations would be affected by the new Landscape Code and expressed concern with traffic on Military Trail should an FAU site be located within the City. Randy Carella Randy Carella, representing Degla Attractions, addressed the City Council re: sponsoring an event similar to the Italian Street Festival. The Council directed Mr. Carella to get with City staff regarding the size of the event, charitable purpose and financial stability of organization. Mayor Russo stated that the City is looking for family- oriented events that are affordable, and once plans are CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 8 reviewed by staff, the subject can come back before the City Council. CONSENT AGENDA Mayor Monroe requested Item # 15, Resolution 46, 1993, be pulled from the Consent Agenda. Mayor Russo stated that he would not be voting on Item # 3, Minutes of the City Council Regular Meeting of 4/22/93 as he was not in attendance and Councilwoman Furtado stated she was not in attendance at the 4/8/93 City Council Meeting and would not be voting on those minutes. Councilwoman Furtado made a motion, seconded by Councilman Jablin, to approve the Consent Agenda with the exception of Item # 15. The motion was unanimously approved. PUBLIC HEARINGS: Resolution 39, 1993 Mayor Russo stated that the City has been discussing an Interlocal Agreement re: removal of Jog Road from the County's Thoroughfare Plan and has discussed the agreement that was in the Council package. At the request of Mayor Russo, Page 3, Paragraph 3, add "(with no bonus ever for PUD)" after "by 50% to 2 dwelling units per acre ". At the request of Vice Mayor Monroe, Paragraph 5 of the Agreement was amended to include: "If in the future any land use other than residential is approved, the off - site traffic impacts generated from site specific development order shall not exceed that number of trips CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 9 per day which would be generated by two dwelling units per acre unless the right -of -way referred to in this paragraph is provided." In the last "WHEREAS' paragraph, third line, remove "and the County's ". Mayor Russo declared the Public Hearing open, which was held on the intent of Resolution 39, 1993, authorizing the Mayor and City Clerk to execute on behalf of the City, an Interlocal Agreement between the City and Palm Beach County for the removal of Jog Road from the County's Thoroughfare Plan and Identification Map; and advertised on 4/21/93. Mayor Russo stated he received a letter from J. Adolph stating his concerns regarding the banking issue. Mrs. Donna Cox addressed the City Council requesting the City Council further workshop the Interlocal Agreement before it was sent to Palm Beach County. Mr. Tom Celentano addressed the City Council stating he felt the City should proceed carefully and final changes in the Comprehensive Land Use Plan should occur first. Mr. Phil Liddon, resident of PGA National, stated his support of Resolution 39, 1993, and urged it's adoption. Milton Stern, resident of PGA National, stated his support of Resolution 39, 1993. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Monroe stated she represents lots of residents CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 10 of Palm Beach Gardens, including those living outside of PGA National, and is concerned that the council is not waiting for the Planning Forum to address all of the northern Palm Beach County roadway issues (most of which will heavily impact our City. Vice Mayor Monroe felt that every time a little piece was taken out of the puzzle, there was less to work with and felt uncomfortable doing this right now. Vice Mayor Monroe stated that the residents on Military Trail want the same quality of life as PGA National residents. Councilwoman Furtado requested that the Council, when the Comprehensive Land Use Plan Amendment is done, look at the other TAZs that are mentioned in the ORC report so that we don't focus on singling out one land owner, etc.. Councilwoman Furtado felt there was a lot to look at besides TAZ 848 because we were not just PGA National, we are Palm Beach Gardens. Mayor Russo stated that the commitment this Council needed to make to the residents was that they would do whatever had to be done, including Military Trail and other roads in the City. The following amendment to the Interlocal Agreement: 1. Last "WHEREAS ", third sentence, delete "and the county's if necessary ". Councilman Clark made a motion to approve Resolution 39, CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 11 1993, as amended, seconded by Councilman Jablin. Resolution 39, 1993, was adopted with a vote of 4 ayes and one nay, with Vice Mayor Monroe casting the nay vote for reasons previously stated. Ordinance 2, 1993 Mayor Russo opened the Public Hearing, which was duly advertised 3/31/93, and postponed from the Regular Meeting of 4/15/93, and held on the intent of Ordinance 2, 1993, Repealing Chapter 153 of the Palm Beach Gardens Code and adopting a new Chapter 153 of said Code (Landscape Code). 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 2, 1993, by title only, on second and final reading. Councilman Clark made a motion, seconded by Councilman Jablin, to adopt Ordinance 2, 1993. At the request of Councilwoman Monroe, Ordinance 2, 1993, was amended on Page 21, Paragraph D, adding the following sentence at the end, "or, if this requirement is in conflict with the established crime prevention program." Councilman Clark withdrew his previous motion, and Councilman Jablin withdrew his second. Councilman Clark made a motion to approve Ordinance 2, 1993, as amended. Councilman Jablin seconded the motion, and CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 12 the motion was unanimously carried by the City Council. Ordinance 4, 1993 Mayor Russo declared the Public Hearing open, which was duly advertised 4/21/93 and held on the intent of Ordinance 4, 1993, repealing Section 30.03 of the Palm Beach Gardens Code and adopting a new section 30.03 which establishes a new time for adjournment of all City Council Meetings. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Clerk read, by title only, on second and final reading, Ordinance 4, 1993. Vice Mayor Monroe made a motion, seconded by Councilman Jablin, to approve Ordinance 4, 1993. The motion was unanimously approved by the City Council. Resolution 42, 1993 Councilman Clark stated three seats on the Planning and Zoning Commission have expired. Two of the three members are willing to serve for another term. Mayor Russo felt that members of the Advisory Boards needed to receive the City Attorney memo regarding conflicts of interest. Vice Mayor Monroe expressed a problem with a regular member having a 50% attendance CITY COUNCIL REGULAR MEETING, 5/6/93 Resolution 44, PAGE 13 record and felt that the regular member should be moved to an alternate member. It was the consensus of the City Council to defer any decision on Resolution 42, 1993, to determine why some members missed a number of meetings. Councilwoman Furtado requested resumes of the current members of the Commission. Resolution 42, 1993, will be considered for approval by the City Council at the Regular meeting of 5/20/93. 1993 Mayor Russo stated he received information from Barry Merman who has been researching lowering the speed limit on Military Trail. It was the concensus of the City council to postpone this resolution until a future workshop meeting. Resolution 45, 1993 Vice Mayor Monroe made a motion, seconded by Councilman Clark, to approve Resolution 45, 1993, authorizing the Mayor and City Clerk to sign an Interlocal Agreement with the Solid Waste Authority of Palm Beach County extending the terms of the Agreement for Municipal Recycling dated 5/30/90 to 9/30/2000. Resolution 45, 1993, was unanimously adopted. Resolution 47, 1993 Vice Mayor Monroe made a motion, seconded by Councilman Jablin, to approve Resolution 47, 1993, — donation of 2121 square feet of right -of -way at the CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 14 intersection of Ellison Wilson Road and PGA Boulevard to Palm Beach County. Resolution 47, 1993, was unanimously adopted. Resolution 48, 1993 Bristol Ellington, Planner, addressed the City Council briefly outlining the request for a minor amendment to Resolution 151, 1990, which approved a PUD on Parcel 11 of BallenIsles PCD, regarding rear setbacks. Councilman Clark made a motion, seconded by Councilwoman Furtado, to approve Resolution 48, 1993. Resolution 48, 1993, was unanimously adopted. Resolution 50, 1093 Mr. Jeff Lis of Prosperity Center Associates, Limited, w addressed the City Council re: Resolution 50, 1993, approval of recommendation of the Art Advisory Committee for Art In Public Places regarding the Prosperity Center PUD. It was noted that the project was unanimously approved by the Art Advisory Committee. A motion was made by Vice Mayor Monroe, seconded by Councilman Clark, for approval of Resolution 50, 1993. The motion was unanimously carried. Resolution 46, 1993 Mayor Russo stated his concern with Resolution 46, 1993, creating a Finance Director position, however, noted that we do not have an Assistant Finance Director position. Mayor Russo stated that some of the duties CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 15 conflict with the Comptroller position we currently have. The Acting City Manager stated that the Merit Board approved a position of Finance Director a number of years ago, and this is just an update of that description. The Merit System also allows for a Comptroller. The job description was amended under Traininq and Experience, third line, deleting "municipal finance" and adding "governmental finance "; item #8, to read "of" the budget and delete the word "quarterly ". Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to approve Resolution 46, 1993. The Resolution was unanimously approved. ORDINANCES Ordinance 5, 1993 Per a unanimous vote of the City Council, the City Clerk read, by title only, on first reading, Ordinance 5, 1993, amending Ordinance 21, 1992, same being the budget ordinance for the Fiscal Year beginning 10/1/92 and ending 9/30/93, inclusive. Ordinance 6, 1993 Per a unanimous vote of the City Council, the City Clerk read, by title only, on first reading, Ordinance 6, 1993, amending Chapter 159 of the City Zoning Code for purposes of permitting as a conditional use the inclusion of a security apartment within warehouse and storage building uses. CITY COUNCIL REGULAR MEETING, 5/6/93 PAGE 16 ADJOURNMENT There being no further business to discuss, the meeting was APPROVAL adjourned at 12:00 midnight. JOSEPH R. RUSSO, MAYOR LI ROE, VICE MAYOR ERii� JAB N, C CILMAN LAUREN FURTADO, COUNCILWOMAN DAVID CLARK, COUNCILMAN ATTEST r NON V. KOSIER, CITY CLERK minority report as te, masons for dissenting vote. 1. Response time: Palm Beach Gardens Fire Chief recommended —al response time criteria be establ.i.sliRd usi_ny the montb.ly averages of aFl calls. County refused to include in contract Information shows response t-i_mras Lif exr ~ess of the recommenrled maximum. As has been pointed out repeatedly by members of Gardens c't t y t'nttnril , a response time i_rt exe -Pss of 5 minutes places lives increasi_rtgly at risk. How ran counci.1 justify, to a relat:i.ve of a person whn may die, a rf?stx,rrse tir(te i,t excess of the tune racovtm nded by i-ts' own firE chief, 2, 1)11F, to the inabi li_t V tc, obt:ai rt c.l early and d -s] i_ net l_V dnf Ioorl areas r,f first response deJiniattnrt r,f authf,rity {see task forc- report acrd r,t) 1 er. i a r,n Tnterlora I_ addendulr) . ?. CJtadF,qual :e auideii_nes, rrit:eri_a, Pdrtcatr „�tal def1nrtIftns as tr, trainina of I,arderts personnel by County. No l,Prformance standards. 4. Z-oe f-esvonsiiat Li ties of county not defined in clear, conri sf. terms, i.P: Lffcatiorls covered. ”. Zone r_f- sponsibil i t -i ps of City not defined in - J ear , ronci_se L pr!trs , i.P.: Ca_loosa, Ibis, estatesisouth of 45th street, etc. 5. Flow to address di f fPx Pnce in ray and benefit_ strurtt_ir e in at) environment of close prnximity that will- exist between City and Coutli v F,e, snnYtP1 . 1 . No 1 ortu range so 1_ut inn for Fr enchman' s Creek already def i ned 8. County tit rlizes 3 personnel for engine. Chief Arrant_s x° ^^m°^ °nr�edp /_.e 2 poi sonnel per engine. Acreement cal]s for 3 per engine on County O vehicles. What will despPraity of systems create? 9. 1,ateat 4vai.l. able terhnoJogy, 12 Jean EKG capahility, not currently available with County. 10- ttladurjuaiP r�onsideration of pri.vaLe providers as an alternative 1n Interlocal Aureement and Palm Beach Gardens complete implementation prracyx am. 11.. Overall insuffirient _information Ln prudently recommend execution of agreement i cb� 4vW"4& -d