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