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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. n VCnT TTMYnTTC 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.