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HomeMy WebLinkAboutMinutes Council 040193ROLL CALL ANNOUNCEMENTS ITEMS BY THE MANAGER FIREWORK SALE CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 1, 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 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. The City Clerk called the roll and present were Mayor Russo, Vice Mayor Monroe, Councilman Jablin, Councilwoman Furtado and Councilman Clark. Mayor Russo stated the announcements were as posted on the City's Bulletin Boards. Per a consensus of the City Council, the travel /expense memo re: Coordination of Development Petitions, as presented by Rich Walton, Director of Planning and Zoning, was approved. Bobbie Herakovich, Acting Assistant City Manager, addressed the City Council regarding the request by Thomas Magaldi to sell firework paraphernalia on out - parcel #7, located within the Promenade Shopping Center. Mrs. Herakovich stated complaints are often received by the City regarding the lack of available parking by movie patrons in this area and felt this issue should be considered before granting approval. In response to Mayor Russo, Mrs. Herakovich stated the request by Mr. Magaldi was within the City's Codes. Thomas Magaldi addressed the City Council stating out- r CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 2 parcel #7 was where Community Savings was originally located and was already designed for parking. Mr. Magaldi stated he was proposing to sell poppers and sparklers and would cater to families. There was a consensus of the Council requesting staff to further review the proposal and return to Council at the 4/15/93 Regular Meeting with a recommendation. LANDSCAPE CODE Mrs. Herakovich notified the City Council the Landscape Code was scheduled as a workshop item for the 4/8/93 Workshop Meeting. ART IN PUBLIC PLACES Mrs. Herakovich stated the Art In Public Places Ordinance was to be workshopped either in April or May, as the Agenda would allow. STATE ATTORNEYS OFFICE Mrs. Herakovich stated the State Attorney's Office had requested to be placed on the 4/8/93 Workshop Meeting to make a presentation re: Community -Based Prosecution Program, which was a new program placing individual judges in municipalities. There was a consensus of the Council to place this item on the 4/8/93 Workshop Meeting Agenda. ITEMS BY MAYOR AND COUNCIL MAYOR RUSSO Mayor Russo expressed concern with the coordination of finance procedures and felt another councilmember should be authorized to counter - approve the accounts payable. Mayor Russo felt Resolution 32, 1993, should be considered tonight CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 3 to resolve this situation. There was a consensus of the Council to place Resolutions 32, 1993, at the end of the Agenda to be discussed in more detail. Mayor Russo stated he had spoken with Ernst & Young, City Auditors, regarding the need for the City to engage a full - time Finance Director and would be meeting with them next Thursday to further discuss the matter. There was a consensus of the Council authorizing the Mayor to further discuss this matter with the City's Auditors and schedule a meeting so the auditors could make a presentation to the Council. Mayor Russo reported meeting with Don Kepler, Golf Course Manager, and requested a complete report on the golf course by the next Council meeting. Mayor Russo reported Mr. Kepler's contract with the City had expired on March 31, 1993, and this item would be on the next Agenda for discussion. In response to Councilman Jablin, Mayor Russo stated he would attempt to schedule the issue of restructuring the golf course revenue bonds forthe 4/8/93 Meeting. Mayor Russo stated he had spoken with Mike Anderson, General Contractor; Phil Luchner, Architect; Vince Pappalardo, Developer; and, Gary Krielow, C.P.A., and each had expressed a desire to serve on the space allocation and facility committee. Mayor Russo stated if any of the councilmembers knew anyone qualified and interested, they would appoint the CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 4 individuals to the committee at a later date. Mayor Russo stated he felt someone from the Chamber of Commerce and the Building Official, Jack Hanson, should serve on the Sign Code Committee. Mayor Russo stated Jack White and Andrew Brock had both expressed a desire to serve on this Committee. Mayor Russo felt, even though the Sign Code needed some fine tuning, everyone should be made aware the Sign Code would remain. Mayor Russo stated, at this time, he did not have anyone in mind to serve on the Charter Review Committee. Vice Mayor Monroe recommended appointing Steve Mathison, Attorney, to serve on the Charter Review Committee. Councilman Jablin stated he did have an individual who had expressed an interest in serving on the Charter Review Committee. Mayor Russo stated he had spoken with Larry Smith, Attorney representing the City in the lawsuit involving the golf course. Mayor Russo suggested Councilman Clark meet with Attorney Smith to discuss the matter and the direction in which the City should proceed. Mayor Russo stated Ms. Vath, Data Processing Director, had inquired as to whether he wished to have one of the City's credit cards, as he was now Mayor and Acting City Manager. After further discussion, it was agreed Mayor Russo would not use one of the City's credit cards, however, should he incur expenses, he would submit receipts for reimbursment In response to Vice Mayor Monroe, Mayor Russo stated he had CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 5 requested Mrs. Herakovich review her present salary, comparing the added responsibilities and propose a salary request to Council. Mayor Russo felt the salary increase should be retroactive. EMS COMMITTEE David Pania, Chairman of the EMS Committee, addressed the City Council and requested the City Council approve two additional committee members, Thomas Vaughan and Red Hilton. Mayor Russo indicated Vice Mayor Monroe's appointee had been the choice of the Northern Palm Beaches Chamber of Commerce, Thomas Vaughan. Mr. Pania stated the EMS Committee had met every day since the committee was formed and the meetings had included the City's Fire Department, Fire Chief, Palm Beach County, and Peter Allen of North County Ambulance. Mr. Pania indicated the Committee wanted to speak with the communities which are transferring out of the County program and municipalities transferring in and their reasoning for same. Mr. Pania stated the Committee was concerned with upgrading the City's EMS, i.e. cardiac units. Mr. Pania stated he was unsure the Committee would be able to complete their report by next Thursday. In response to Vice Mayor Monroe, Mr. Hilton introduced himself to the City Council and briefly related his background and expressed his concern with the EMS situation. There was a consensus of the Council to appoint Mr. Hilton to the EMS Committee. CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 6 Mayor Russo requested confirmation from the Jupiter Hospital, should North County Ambulance not receive the transport certificate, that they would be able to provide ALS service for $290,000, to include 3 ambulances. Per a consensus of the City Council, Councilwoman Furtado was appointed as the Council representative to the Emergency Medical Services Committee. JOG ROAD INTERLOCAL AGREEMENT Mayor Russo stated Palm Beach County Commissioner Mary McCarty had indicated the County Commission had given direction to the City regarding the Interlocal Agreement. Mayor Russo stated Commissioner McCarty did not want to impose "buildout" on the City. in Gary John Gary, Attorney representing the John D. and Catherine T. MacArthur Foundation, addressed the City Council stating at the County Commission meeting last week, the Commission was clear that they were not prepared to enter into an agreement which would establish buildout as a test and when the Commission passed their Resolution to delete Jog Road, the majority of Commissioners were under the impression that the Interlocal Agreement would simply address TAZ 848 and they did not like the banking concept. Attorney Gary stated the County Commission was going to insist on a $10 million bond being posted unless the MacArthur Foundation would agree with the reduction of density in TAZ 848. Attorney Gary stated the Interlocal Agreement was revised to contain CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 7 a paragraph asking the County Commission to acknowledge that, sometime in the future, the City Council may adopt a banking ordinance and work with the MacArthur Foundation to return some of these lost units. Attorney Gary pointed out the City was under no obligation to do this, however, it was the hopes of the Foundation that this would occur. Attorney Brant stated two notice requirements would be required, 15 days before the hearing and 5 days before the hearing, before the Interlocal Agreement could be considered for adoption. Attorney Brant stated that would put the public hearing on the 5/6/93 Regular Council Meeting Agenda. Milton Stern Milton Stern, 24 Cayman Place, addressed the City Council and recommended the Council approve the MacArthur Foundation Interlocal Agreement. Mr. Stern distributed a study re: buildout model. Phillip Lyddon Phillip Lyddon, 214 Eagleton Lakes Blvd., addressed the City Council and recommended the Council approve the MacArthur Foundation Interlocal Agreement. Donna Cox Donna Cox, 5155 W. Northlake Blvd., addressed the City Council and expressed opposition to the City Council approving the MacArthur Foundation Interlocal Agreement. Bruce Guyton Bruce Guyton, Director of Governmental Affairs of Gold Coast Builders Association, addressed the City Council and expressed opposition to the Interlocal Agreement which would require a buildout traffic model to be run for any future land use changes. CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 8 rianne Roqers Marianne Rogers, Club Drive, addressed the City Council Tom Celentano v -1 U -AkA -- Catherine Dwore Gay Turtur supporting the MacArthur Foundation Interlocal Agreement. Tom Celentano, 235 Cypress Point Drive, addressed the City Council stating he supported an Interlocal Agreement which would provide the least impact on Military Trail. Mr. Celentano also expressed concern with the safety of children along Military Trail. Hal Hodgdon, 6 Marlwood Lane, addressed the City Council and urged the Council to continue with the commitment to remove Jog Road as soon as possible. Catherine Dwore, 13105 Silver Fox Trail, addressed the City Council and requested the City Council postpone approval of an Interlocal Agreement until after the North County Planning Forum and the Urban Forum Study were completed and after the north county roads were discussed in November. However, if the Council felt they could not postpone the decision, she urged the Council to consider adopting the Jablin /Marcus Interlocal Agreement. Gay Turtur, 23 Wyndham Lane, addressed the City Council re: finalizing the Jog Road issue. Councilman Jablin stated he did not want to support an Interlocal Agreement prepared by the Foundation and did not want land banking included in the agreement. Councilman Clark stated he felt an Interlocal Agreement was not needed, however, if the Council wished to approve an Interlocal Agreement, he would recommend the Foundation's CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 9 Agreement, with the banking issue being omitted. Councilman Clark felt if there was a need for indemnification, it should not come from Palm Beach Gardens, but from the party which originally proposed the deletion of Jog Road. Vice Mayor Monroe felt the timing was wrong in approving an Interlocal Agreement, however, if the job had to be done now, there was only one way to do it. Councilwoman Furtado stated she would support the Interlocal Agreement which best fit the comments from DCA. Councilwoman Furtado felt if indemnification became an issue, Mr. Ecclestone should post the bond. In response to Mayor Russo, Attorney Brant recommended, for notice requirement purposes, leaving the banking issue in the Interlocal Agreement, as the Council may delete items from the Interlocal Agreement, but not add items. There was a consensus of the City Council to allow Attorney Gary to amend the proposed Interlocal Agreement by substituting a paragraph stating if the City Council chose to adopt a banking ordinance, the City might reward the MacArthur Foundation with some of the lost units. There was a consensus of the City Council to advertise the proposed MacArthur Foundation Interlocal Agreement, as amended, for public hearing at the 5/6/93 Regular Council Meeting. FINANCIAL TRANSACTION OF CITY MANAGER'S 'FICE Mayor Russo stated Mr. Orr had responded, through his CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 10 attorney, to the Council's request to return his final paycheck to the City. Attorney Brant stated since the last Council meeting, he had ascertained the monies were appropriated from the Manager's Salary Account. Attorney Brant stated he had furnished the Council with an opinion, Woodhan v. City of Jacksonville, with the bottom line being if there was no provision for accrual of vacation or sick leave, you either use it or lose it. Attorney Brant stated in reference to the two weeks vacation approved by Ordinance 13, 1974, this benefit continued on the books until this time. Attorney Brant stated he was informed that on each paycheck accrued vacation time and sick leave were shown and for the past y three years Mr. Orr had these accumulations. Attorney Brant stated for the purpose of discussion this evening, he would consider this a bookkeeping entry, not a vested entry. Attorney Brant stated he felt the Council did not have any choice but to obtain the return of the monies in this particular case and recommended this was an improper transfer and the entitlement was not legally placed. Attorney Brant stated, for Council's consideration, in reference to a lawsuit, if they were looking at a non -jury trial, it could possibly be nine months before a final hearing; if they were looking at a jury trial, approximately fifteen months for a final hearing. Attorney Brant stated the minimum costs to go to trial would be approximately CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 11 $12,000. Attorney Brant stated he had reviewed in detail the letter submitted by Mr. Orr's counsel and found it extremely well written, however, 90% of the points made were points of equity. Attorney Brant stated there was an abundance of evidence re: possible equity to be used. Attorney Brant stated an old adage of law was "he who seeks equity, must do equity ". Attorney Brant stated the equity he was suggesting was Mr. Orr return the money or place the monies in a third party escrow account, and then equity could be considered. In response to vice Mayor Monroe, Attorney Brant stated he could not recommend a settlement from a legal standpoint, however, it was the Council's prerogative to consider a settlement. Councilman Clark made a motion, seconded by Councilwoman Furtado, to authorize Attorney Brant to initiate a civil suit as soon as possible for recovery of the monies, using any means possible, either an attempt to freeze it or process the suit as quickly as possible, and that the matter be referred to the State Attorney's Office for review and whatever action they determine would be apropos. Vice Mayor Monroe stated she would reluctantly vote for this motion and was disappointed an agreement had not attempted before it got to this point. John Copeland, attorney representing Mr. Orr, addressed the City Council and inquired as to the actual amount due and CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 12 owing Mr. Orr. Attorney Copeland stated he had spoken with Attorney Brant in hopes of scheduling a meeting before tonight to see if there was a median the Council could live with, however, that was not possible. Attorney Copeland submitted the Jacksonville case cited by Attorney Brant was not on point. Attorney Copeland stated his letter detailed research regarding the City Code and there was some question as to what the City Manager's position fell under in the Code, however, it is not their position that this retroactively be changed. Attorney Copeland requested Attorney Brant show him in the Charter where it showed this transfer by the City Manager, as the City Manager and Director of Finance, was improper. Attorney Copeland stated there was an offer mentioned in his letter of $6,800, which had been escrowed. Attorney Copeland stated if the calculations on his client's pay stub were incorrect, there might be room for negotiations without going through a civil suit at this point in time. In response to Mayor Russo, Attorney Copeland stated they would be willing to enter into negotiations to resolve this matter. Attorney Brant recommended, if the monies in question were held in an interest- bearing escrow account, the Council could reconsider and negotiate. Attorney Copeland stated he would provide the City with an answer tomorrow regarding placing the monies in an interest- CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 13 bearing escrow account. In response to Mayor Russo, Attorney Brant stated if the monies were placed in an escrow account, the immediate duty of the City Council to protect the money would be accomplished. In response to Councilman Jablin, Attorney Brant stated there should be a limitation of time placed on the negotiations, and, if after that stated period of time the matter was not resolved, then the Council could proceed civilly and criminally. In response to Councilman Clark, Attorney Brant stated the monies to be placed in escrow would be the monies not already approved, i.e., four -weeks severance pay, longevity and severance pay, four -week deferred compensation, and one W month expense allowance. Attorney Brant stated the monies in question was the net pay on vacation accumulation, longevity on same, and accumulated sick leave. In response to Vice Mayor Monroe, Attorney Copeland stated, if given the authority by his client, the funds could be placed in an escrow account within twenty -four hours. Attorney Copeland stated, for clarification, that the money was to be held in an interest - bearing escrow account for 30 days so the parties may mutually work out a resolution, and if none was reached within the 30 day period, the money would be released from the escrow account and the Council would be free to pursue whatever remedies they felt CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 14 appropriate. Attorney Copeland stated he did not foresee any problem with having an escrow agreement worked out by next Friday, 4/9/93, assuming his client granted him the authority to do so. Attorney Brant stated if the City was notified by Attorney Copeland his client was not in agreement, the motion would stand along with the authority to proceed. Councilman Clark withdrew his motion, and Councilwoman Furtado withdrew her second. Councilman Clark made a motion, seconded by Vice Mayor Monroe, that the Mayor and City Attorney be authorized to enter into an escrow agreement with Mr. Orr , the attorney for Mr. Orr inform the City, no later than Monday noontime, that he had the monies in a trust account subject to an escrow agreement being agreed upon by Friday, 4/9/93. The escrow agreement shall state that if a resolution between the parties was not reached and full settlement reached within 30 days from the date of the escrow agreement, then the monies would be returned to the provider of the funds, Mr. Orr, and any interest accumulated depending on negotiations and the monies accorded to Mr. Orr, the interest would go based on those sums of money. In the event Attorney Copeland notified the City before Monday noontime that Mr. Orr was not in agreement with the proposal, then the authority of the Council would be as follows; 1) forthwith a civil suit be filed; 2) either CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 15 matter be referred to the State Attorney's office for examination for any potential criminal liability, however, pending the 30 days under the escrow agreement, nothing would be referred to the State Attorney's office. Councilwoman Furtado felt the matter should be referred to the State Attorney's office at this time. The motion was approved by a vote of 4 ayes and 1 nay. The nay vote was cast by Councilwoman Furtado for reasons previously stated. VICE MAYOR MONROE Councilman Clark made a motion, seconded by Councilman Jablin, for staff to prepare a resolution to be considered by the Council to freeze payout of any accumulated vacation time or sick leave and to freeze any additional accumulation of vacation time and sick leave until the Council had an opportunity to examine the situation and come to a conclusion as to what the appropriate course of action would be with regard to department heads and assistant department heads. The motion was approved by a vote of 4 ayes. Mayor Russo was not present in the council Chambers at the time of the vote. COUNCILWOMAN FURTADO Councilwoman Furtado expressed concern with Mr. Orr continuing to serve as a member of the Seacoast Utility Authority Board of Directors. This item was postponed until the City Attorney returned to the Council Chambers. CITY COUNCIL REGULAR MEETING, 4/1/93 ti AMENTS FROM THE PUBLIC PAGE 16 Eleanor Birdsall Eleanor Birdsall, 10821 N. Military Trail, addressed the City Council regarding the need for breakdown lanes along Military Trail. Mayor Russo requested a resolution be prepared by staff for the 4/15/93 Council Meeting, requesting the County lower the speed limit along Military Trail. Betty Petruzzi Betty Petruzzi, 4383 Bamboo Drive, addressed the City Council regarding the accumulation of water in the swales in front of her house and requested something be done. Ms. Herakovich was directed to provide a report on this situation to the Council. �1ton Stern Milton Stern, PGA National resident, addressed the City Council stating the County's plan to remove Jog Road was actively being considered by DCA. Robert Frein Robert Frein, 2 Wycliff, addressed the City Council regarding the approval of the temporary sales model on Parcel 18 of BallenIsles. Mr. Frein stated a proposed amendment to Resolution 5, 1993 had been submitted to the City Manager to allow the petitioner to show the model for the two week period between now and when they could be heard by the City Council. Mr. Frein stated they would abide by all other conditions of Resolution 5, 1993, and further requested the Council consider amending Resolution 5, 1993 at the 4/15/93 Regular Council Meeting. -- There was a consensus of the Council to place this item at CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 17 the end of the Agenda for discussion. CONSENT AGENDA Vice Mayor Monroe made a motion, seconded by Councilman Jablin, to approve the following items on the Consent Agenda: 1. Approval of Minutes of Regular Meeting of 3/18/93. 2. Approval of Minutes of Workshop Meeting of 3/25/93. 3. Approval of Minutes of Special Meeting of 3/25/93. 4. Proclaiming April 11 -17, 1993 as "Building Safety Week ". The motion was unanimously approved by the City Council. RESOLUTION 23, 1993 Per a consensus of the City Council the following amendments were made to the Stipulated Settlement Agreement between Palm Beach Gardens and Palm Beach County re: settlement of pending administrative litigation between the City and Palm Beach County before the hearing division of the Department of Community Affairs: 1. Page 1, paragraph 5 delete "and improperly located the residential exception line ". 2. Page 1, delete paragraph 9. 3. Page 2 and Page 3, delete 3. Residential Exception Line. 4. Page 3, 14., delete first line. 5. Page 4, #5., delete reference to 3 in second line. 6. Page 4, #6., delete reference to 3 in second line. There was a consensus of the City Council to place Resolution 23, 1993 and the amended Stipulated Settlement Agreement on the Consent Agenda of the 4/15/93 Regular Council Meeting. CITY COUNCIL REGULAR MEETING, 4/1/93 PAGE 18 SOLUTION 29, 1993 vice Mayor Monroe requested a response by the next meeting as to why the job classifications as recommended by the Merit System Board were being considered at this time. RESOLUTION 30, 1993 Rich Walton, Director of Planning and Zoning, addressed the City Council and reviewed the request by the Petitioner to delete Condition 1 of Resolution 30, 1993. Mr. Walton stated Petitioner had met with the City Forester and a compromise regarding the landscaping around the cart paths and the tennis courts had been reached. Hank Skokowski, agent for the Hansen - Florida II, Inc., addressed the City Council delineating reasons supporting the removal of Condition 1 from Resolution 30, 1993. In response to Mr. Skokowski, Attorney Brant stated, by a previous legal opinion, he had determined there was no commercial usage provided within this project, other than the clubhouse itself, and a convenience store was not an adjunct to a clubhouse. Attorney Brant stated a concierge did not fit in as an auxiliary use to the clubhouse, and at this point in time, did not see any reason to alter his opinion. Attorney Brant stated the rule of law or the procedure the Petitioner would be required to follow would not change if Condition 1 was in or out of the Resolution. Per a consensus of the City Council, Condition 1 was amended to read: "No commercial uses such as a store, cleaners, day care or other similar uses shall be allowed without an CITY COUNCIL REGULAR MEETING, 4/l/93 PAGE 19 amendment to the Planned Unit Development with notification as determined by the City Council at the time of the request." Vice Mayor Monroe made a motion, seconded by Councilman Clark, to approve Resolution 30, 1993, as amended. The motion was unanimously approved by the City Council. RESOLUTION 31, 1993 Attorney Brant stated the City Council had reserved the right to amend to beginning time of the Council meetings, however, if the Council wished to change the curfew time an amendment to the Ordinance would be required. resolution 31, 1993 was postponed until the 4/15/93 City Council Meeting. SOLUTION 31, 1993 Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to approve Resolution 32, 1993, setting forth those persons authorized to sign checks on all bank accounts of the City and authorizing persons access to safety depository boxes. Mrs. Herakovich and Ms. Vath briefly detailed the procedure outlined in Resolution 32, 1993 and also the procedures proposed to be used for approval of payment of accounts payable. The motion was unanimously approved by the City Council. ITEMS FOR DISCUSSION GARDENS EAST "'ARTMENTS After discussion, there was a consensus to prepare a CTTY COUNCIL REGULAR MEETING, 4/1/93 PAGE 20 Resolution for workshop and consideration of approval at the 4/15/93 Regular Council Meeting regarding the amendment to the Gardens East PUD. EBISU RESTAURANT There was a consensus of the City Council directing staff to advertise for a public hearing regarding the conditional use and variance request for the 4/15/93 Regular Council Meeting. LANDFILL COMMITTEE This item will be scheduled under Items for Discussion at the 4/15/93 Regular Council Meeting. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 12:00 midnight. APPROVAL SO COUkCILMAN JABLIN + VICE MAYOR MONROE COUNCILWOMAN FURTADO i COUNCILMAN CLARK LINDA V. KOSIER CITY CLERK