HomeMy WebLinkAboutMinutes Council 041593CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 15, 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.
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
City's Bulletin Boards.
ITEMS BY THE
'Y MANAGER
Per the recommendation of Acting Assistant City Manager
Bobbie Herakovich, Vice Mayor Monroe made a motion,
seconded by Councilwoman Furtado, authorizing the Acting
Assistant City Manager to approve the sale of
fireworks at the Promenade Plaza as presented and
according to specifications for special events. The
vote on the motion was unanimous.
Acting Assistant City Manager Bobbie Herakovich stated
each member of the City Council had a copy of a proposed
employment agreement for the Golf Course Manager,
stating that the agreement was the same as last year
except that this was on a month -to -month basis instead of
a yearly contract. Per a consensus of the City Council
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 2
the contract for the Golf Course Manager was approved.
The Acting Assistant City Manager stated that Dr.
Nicholas has expressed his availability to update the
Police and Fire Impact Fee Ordinance and requested
approval to set up a contract with a maximum amount.
It was the consensus of the City Council to have the
Acting Assistant City Manager begin work on a contract
for Dr. Nicholas, however, requested a condition be
included tying the work to a date certain, and if the
update is not ready by that deadline, there would be
no cost to the City.
The Acting Assistant City Manager stated each member
v of the City Council was given a "Tentative Workshop
Schedule" listing projects with a target date for
completion. The City Council stated the schedule
would change from time to time because of priorities
and the needs of the City. Mayor Russo stated that
after discussions with Holly Vath, Data Processing
Director, he has learned that she intends to work
on her home computer on the City's Budget while she
is on maternity leave. The Council expressed no
problem with this arrangement. A discussion ensued
relative to the summer workshop schedule, including
budget meetings. It was determined that the City
Council will hold workshops through June and determine
-- whether to hold workshop meetings in July at a later
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 3
date.
The Acting Assistant City Manager stated that $84,577.66
was needed to pay four department heads for vacation and
sick time that has been accrued over the permitted cap.
Holly Vath, Data Processing Director, stated that monies
could be transferred to a General Operating Expense for
this purpose. Mayor Russo pointed out that this would
occur the first meeting in May.
ITEMS BY THE
MAYOR AND COUNCIL
COUNCILWOMAN
FURTADO Councilwoman Furtado requested the Acting Assistant
City Manager look into a report that was recently done
regarding the air quality in the Police Department and
report back to City Council.
Councilwoman Furtado referenced a letter received from
Mr. Chappell regarding the Pension Fund. A discussion
ensued regarding the General Employees Pension Fund and
the City Council sitting as the Board. It was the
consensus of the City Council to appoint Lee Dehner
general counsel for the General Employees Pension Fund
as well as for the Fire Fighters Pension Fund.
Councilwoman Furtado was directed to contact Mr. Dehner
to determine if this would be a conflict of interest and
if he would be interested in the appointment.
Regarding Community Based Prosecution, the Acting
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 4
Assistant City Manager was directed to contact the Police
Chief to determine if he was interested in this program.
If the Police Chief approved of the Community Based
Prosecution program, then the City Council will consider
a resolution of support for their consideration of
approval at the next regular City Council meeting.
After a discussion regarding the titles of "Acting
Assistant City Manager" and "Acting City Manager" and
a legal problem expressed by the City Attorney concerning
dual office holding, Vice Mayor Monroe made a motion,
seconded by Councilwoman Furtado, to appoint Bobbie
Herakovich "Acting City Manager" and Mayor Russo as
"Acting Assistant City Manager ". The vote on the motion
was unanimous.
VICE MAYOR
MONROE Vice Mayor Monroe stated the Planning Forum is being
planned for a Thursday, Friday and Saturday in August.
Vice Mayor Monroe stated they are looking for qualified
people to participate, and that she would have more
information on the Forum when it became available.
MAYOR RUSSO Mayor Russo referenced work that had been done at the
intersection of Burns Road and Gardens East Drive.
Mary and Richard Romero, residents of Palm Beach Gardens,
stated that there are still accidents occurring, however,
some work has been done. Mayor Russo stated that the
traffic light has been approved, however, it would take
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 5
time to complete this project.
Mayor Russo stated that both PGA National Sports and
PGA of America have offered to do studies on the
City's Golf Course in an attempt to help with problems
that the City is experiencing. It was the consensus
of the City Council to allow both organizations to
do studies so the information can be compared.
Mayor Russo referenced a memo he sent to City Council
outlining salary increases for Acting Assistant
City Manager Bobbie Herakovich and Acting Director
of Recreation and Parks because of the increase in
their responsibilities. The City Council expressed
no concerns with the salary increases.
Mayor Russo stated that the letter he wrote to
South Florida Management District was done in his
capacity as Acting City Manager.
Mayor Russo stated that the Palm Beach County Task
Force would meet on Monday regarding the FAU site,
and that Bobbie Herakovich would attend.
COUNCILMAN
JABLIN In response to Councilman Jablin, Mayor Russo explained
that police officers working at PGA National during
special events were paid by PGA National.
In response to Councilman Jablin, the Acting City Manager
was directed to discuss with the Police Chief the need
for Hepatitis B shots for all police officers. If he
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 6
felt the shots were necessary, the Acting City Manager
was directed to approve their availability to the
officers.
Councilman Jablin stated the City Clerk has been
receiving requests for agendas to be mailed to
individuals as well as businesses and requested the
City Council establish a policy on this issue. The
City Clerk was requested to explore what work and costs
this would entail and report back to City Council.
COUNCILMAN
CLARK Councilman Clark stated that 3 of the Planning and
Zoning Commission members' terms have expired, causing
a hardship to that advisory board. Councilman Clark
stated that 2 of the members are interested in re-
appointment and 1 has move out of the City. It was
the consensus of the City Council to reappoint the
two members at the next meeting and wait for additional
applications to be received for the third member.
Councilman Clark stated that he and Attorney Brant
met with former City Manager John Orr and his attorneys
to begin negotiations regarding the check he received
for accrued vacation and sick leave. Councilman Clark
stated he will report further on negotiations at the
next workshop meeting.
Attorney Brant stated that, as directed by City
Council, he tried to settle the Watterson vs. City of
CITY COUNCIL REGULAR MEETING, 4/15/93
PAGE 7
Palm Beach Gardens case out of court and offered the
plaintiff $2000. The plaintiff was willing to accept
the $2000, however, wanted a condition included that
stated the City admitted to violating Florida Statute
163. It was the consensus of the City Council not
to admit to violating the statute, and directed the
City Attorney to approach the plaintiff once again
with a final offer of $2000.
MUNICIPAL LEAGUE
COMMUNICATIONS Mayor Russo stated that he will copy Council with infor-
mation he received regarding roll --back on assessments.
Acting City Manager Bobbie Herakovich was directed to
research this information and advise City Council
whether they should respond to Juno Beach's request.
COMMENTS FROM
THE PUBLIC
Catherine Smith Catherine Smith, Kidd Lane, addressed the City Council
with several questions regarding the construction of
the Prosperity Center. Mayor Russo acknowledged Mrs.
Smith's concerns and directed her to meet with the
Planning & Zoning Director and directed Bobbie Herakovich
to meet with the residents regarding this issue.
Sam Carsillo Sam Carsillo, resident of Palm Beach Gardens, addressed
the City Council regarding the train whistles and the
bicycle /pedestrian path on Burns Road. Mr.Carsillo gave the
City Clerk a list of grievances to be given to the
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 8
Acting City Manager for her review.
CONSENT AGENDA Rich Walton, Planning & Zoning Director, requested item
was duly advertised and held on the intent of
#4 on the Consent Agenda be removed. Mr. Walton stated
Resolution 23, 1993, dealt with the Stipulation Agreement
with Palm Beach County, and explained that the County made
a couple of changes to the Agreement. Mr. Walton further
stated that staff was in agreement with these changes.
Vice Mayor Monroe made a motion, seconded by Councilman
Clark, to approve the Consent Agenda, except for Item 4
(Resolution 23, 1993). The motion was unanimously
adopted. The following items on the Consent Agenda were
adopted:
1. Approval of Minutes of 4/1/93 City Council Regular
Meeting.
2. Proclaiming 5/2 -8/93 as "Drinking Water Week ".
3. Proclaiming 6/6 -12/93 as "National Gardens Week ".
5. Approval of amendments to Resolution 30, 1993, approval
of modification to BallenIsles Clubhouse, Pod 28,
previously approved by Resolution 85, 1990, as directed
at the 4/1/93 Regular Meeting of the City Council.
PUBLIC HEARINGS
Resolution 23,
1993
Vice Mayor Monroe made a motion, seconded by Council-
woman Furtado, to approve Resolution 23, 1993, with
the Stipulation Agreement amendments as recommended
by staff. Resolution 23, 1993, was unanimously
adopted by the City Council.
Resolution 34,
1993
Mayor Russo declared the Public Hearing open, which
was duly advertised and held on the intent of
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 9
Resolution 34, 1993, approval of a conditional use
for Ebisu Restaurant, 7100 Fairway Drive, Bays 23 and
24, PGA National Shoppes on the Green, to allow for
2COP alcoholic beverage license for the sale /service
of beer and wine for on- premise consumption; and
granting a variance to the distance requirement of
750 feet between alcoholic beverage vendors as
required by Chapter 112, Section 112.21 of the Palm
Beach Gardens Code. There being no comments from
the public, Mayor Russo declared the Public Hearing
closed.
Vice Mayor Monroe made a motion, seconded by
Councilwoman Furtado, to approved Resolution 34, 1993.
W Resolution 34, 1993, was unanimously approved by the
City Council.
Ordinance 2, 1993 Mayor Russo declared the Public Hearing open, which
was duly advertised 3/31/93 and held on the intent
of Ordinance 2, 1993, repealing Chapter 153 (Landscape
Code) of the Palm Beach Gardens Code and adopting a
new Chapter 153 of said Code. There being no comments
from the public, Mayor Russo declared the Public Hearing
closed.
Vice Mayor Monroe made a motion, seconded by Councilwoman
Furtado, to postpone a final vote on Ordinance 2, 1993,
until the Regular City Council meeting of May 6, 1993,
due to the fact that the City Council did not have the
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 10
opportunity to workshop this Ordinance at their last
workshop meeting. The motion was unanimously approved.
Ordinance 3,1993 Mayor Russo declared the Public Hearing open, which was
duly advertised 3/31/93 and held on the intent of
of Ordinance 3, 1993, amending Title 9 of the Palm
Beach Gardens Code by creating and adopting Chapter 101
under same, Governing Stormwater Management. There being
no comments from the public, Mayor Russo declared the
public hearing closed.
Vice Mayor Monroe stated she would like to see information
regarding this ordinance in the City's newsletter so
residents can be aware of regulations. David Getz
briefly identified minor changes to Ordinance 3, 1993,
since it was placed on first reading in January, 1993.
Vice Mayor Monroe made a motion, seconded by Councilman
Clark, to adopt Ordinance 3, 1993. Ordinance 3, 1993,
was unanimously adopted by the City Council.
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Resolution 33,
1993 Rich Walton, Planning & Zoning Director, addressed the
City Council regarding Resolution 33, 1993, approval
of amendment to the Gardens East PUD, approved by
Resolution 109, 1989, providing for additional
recreation amenities in Phase II and minor revisions
to elevations of apartment buildings to accommodate
a change to unit plans. Steve Mathison, representing
the petitioner, reviewed reasons for the requested
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 11
amendments, and stated that there are 195 units
to be constructed in Phase II. Theodore Davis,
Architect, addressed the City Council, detailing
all requested amendments.
Vice Mayor Monroe made a motion, seconded by Council-
woman Furtado, to approve Resolution 33, 1993.
Resolution 33, 1993, was unanimously approved by the
City Council.
Resolution 20,
1993 Mayor Russo read into the record a petition received
from 85 residents of the Gardens Hunt Club stating
their opposition to Resolution 20, 1993.
All members of the City Council stated for the record
who they spoke to regarding Resolution 20, 1993, and
that their decisions regarding this issue were not
swayed by these conversations.
Mr. Hank Skokowski, agent for the petitioner,
addressed the City Council briefly reviewing information
regarding Parcel 18 of Ballen Isles and his client's
application for approval of a PUD to consist of 100
attached one -story single family homes.
The following residents of BallenIsles addressed the
City Council expressing their opposition to this
project: Jean Brennan, and Richard Mendelson.
Mr. Earl Kidd, resident of BallenIsles, addressed the
City Council stating he was in favor of this request.
Mrs. Jean Brennan of BallenIsles submitted a petition
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 12
to the City Clerk containing approximately 85
signatures of residents opposed to this project.
Mr. Bob Frein, representing Hanson Florida II,
submitted a petition to the City Clerk, from 35
residents of Ballenlsles in agreement with this
project.
Mr. Paul Miller, resident of Gardens Hunt Club,
addressed the City Council expressing his opposition
to the project.
Mayor Russo expressed his frustration with this project,
stating he had hoped that the petitioner would meet
with the residents in the area and design a project that
would not be so controversial. Mayor Russo stated that
he did not feel the proposed project met the up -scale
community promises presented to the City Council when
the Master Plan for BallenIsles was approved.
Councilwoman Furtado, Councilman Clark and Councilman
Jablin agreed with the comments made by Mayor Russo.
When asked whether the City Council would object to the
dry model for Parcel 18 being open for inspection
by possible buyers, all City Council members stated
their opposition.
The petitioner was directed to meet with residents to
try to design a project that would meet their approval
as well as the promises that were made when the Master
Plan was approved.
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 13
ix-esolution 31,
1993 It was the consensus of the City Council to hold
Resolution 31, 1993, amending the time for the
beginning of all City Council Meetings, pursuant to
Section 30.12 of the Palm Beach Gardens Code, for
simultaneous adoption with Ordinance 4, 1993, amending
the curfew for all City Council meetings.
Resolution 29,
1993 The Acting City Manager briefly explained affected job
classifications referred to in Resolution 29, 1993,
approval of job classifications as recommended by
the Merit System Board.
Councilwoman Furtado made a motion, seconded by
Councilman Clark, to approve Resolution 29, 1993.
`Y The motion was unanimously carried.
Resolution 35,
1993 Jack Hanson, Building Official, addressed the City
Council regarding Resolution 35, 1993, amendment to
Great Western Bank Site Plan Approval, PGA Boulevard
and Prosperity Farms Road, regarding the tile roof.
Mr. Hanson stated that staff has no authority to
change or approve changes in construction drawings,
and an obvious lack of communication between his
department and the architect occurred. Mr. Wunsch,
Architect, addressed the City Council depicting the
difference in the approved the roof and the one that
was constructed.
Councilwoman Furtado stated she would like to see other
CITY COUNCIL REGULAR MEETING, 4/15/93 PAGE 14
projects that are having structural roof problems come
before the City Council for solution.
Councilwoman Monroe made a motion, seconded by Councilman
Jablin, to approve Resolution 35, 1993. The motion was
unanimously carried.
Resolution 36,
1993 Councilman Clark pointed out that besides Resolution 36,
1993, which appoints Joe Wise of Hough and Company as
bond underwriter for possible refinancing of the City's
Golf Course, the City would also need to pass a
resolution to appoint a bond counsel. It was the consensus
of the City Council to approve a resolution for bond
counsel at the next regular meeting.
Councilman Jablin made a motion, seconded by Vice Mayor
Monroe, to approve Resolution 36, 1993. The motion was
unanimously carried.
Ordinance 4,1993 Per a motion by Vice Mayor Monroe, seconded by Councilman
Jablin, and unanimously approved by the City Council,
the City Clerk read, on first reading, Ordinance 4, 1993,
changing the curfew time for all City Council meetings.
Ordinance 4, 1993, will be considered for second reading
and adoption at the Regular Meeting of May 6, 1993.
ITEMS FOR
DISCUSSION
Security Apartment
Ordinance The City Council discussed the possibility of adopting a
Security Apartment Ordinance and what they would consider
CITY COUNCIL REGULAR MEETING, 4/15/93
PAGE 15
in adopting same. The City Council requested staff re-
view similar ordinances from surrounding municipalities.
The City Council expressed concern with any square footage
over 800 s.f., as they were not interested in encouraging
families to live in commercial areas. The City Attorney
was directed to draft an ordinance for City Council review
and consideration.
Landfill
Committee Councilwoman Furtado stated she felt George Cox should be
appointed to the Landfill Committee. Mr. Cox presented the
City Council with a list of names for possible members to
the Landfill Committee. The City Council expressed no
concern with the list. The names on the list were:
Wendy Pottinger, Dr. Jorge Vidal, Dr. Stuart Waunuk,
Dr. Robert Greer, Roger Lambert, Frank Gillette, Tina
Camilli and George Cox.
Staff was directed to prepare the necessary resolution
to appoint these members to the Landfill Committee at the
next regular meeting.
Military Trail
Speed Limit It was the consensus of the City Council to send a letter
to Palm Beach County requesting the speed limit on Military
Trail be reduced to 35 mph within the City limits. Vice
Mayor Monroe expressed concern, stating she did not under-
stand why the present 45 mph speed limit was not enforced.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 12:00 midnight.
TY COUNCIL REGULAR MEETINP, /15/93,
i
APPROVAL ,� -`3
�f0 �ua0, MAYOR
LINDA- MONROE.VICE MAYOR
f 4
ERIC JABLIN, COUNCILMAN
LAUREN FURTADO, COUNCILWOMAN
DAVID CLARK, COUNCILMAN
PEST:
tIgW( V. KOSIER, CITY CLERK
PAGE 16
DUMP OVERSIGHT COMMITTEE
DOC is to work cooperatively with Seacoast Utilities, DER, SWA,
PBCPHU (Public Health Unit), Dames and Moore, and other agencies
as they test for offsite contamination, extent of possible
contamination and make recommendations for prevention of future
contamination
Objective: At the end of six -month test period, the committee
can recommend acceptance of the proposed course of action to be
taken by Dames and Moore, SWA, etc. or DOC may recommend an
alternate course of action or testing.
Periodic filmed meetings will be held with the
agencies.
The public will be educated through reg.ilar meetings
with experts, environmental groups, etc. These people may
participate through information - gathering and other participation
methods.
in order for the reports and recommendations of the
committee to have credibility and to be accepted by the entire
community, the steering committee should be made up of the people
whose health and property values are most directly affected:
especially residents of Cypress Hollow, Steeplechasa, Hunt Club
and Horseshoe Acres.
A group from this area with special talents, some of
whom have worked on this issue for many months, would make up the
,steering committee:
HUNT CLUB: WENDY POTTINGER
DR. JORGE VIDAL, PEDIATRICIAN
STEEPLECHASE: DR. STUART WAUNUK, UROLOGIST
KARL BROWN, RETIRED ENGINEER, FPL
DR ROBERT GREER, D.O.
CYPRESS HOLLOW: ROGER LAMBERT, ATTY.
HORSESHOE ACRES: FRANK GILLETTE, CHIEF ENGINEER, PRATT & WHITNEY
TINA CAMILLI
PB COUNTY UNINCORPORATED: GEORGE COX
These people have special skills and no agenda other
than concern for their health and property values. Others who
wish to help would be part of the general committee, which will
gather information, act as subcommitte•_s and provide detail for
the steering committee. We know of at least 20 more who have
offered to help. Anyone who wishes to is welcome.