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CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
OCTOBER 21, 1999
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The October 21, 1999, Regular Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 7:00
P.M. in the Council Chambers of the Municipal Complex located
at 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 the following elected officials
were found to be in attendance: Mayor Joseph R. Russo, Vice
Mayor Lauren Furtado, Councilman David Clark, Councilman Eric
Jablin, and Councilman Carl Sabatello.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. Mayor
Russo thanked staff for their help during Hurricane Irene. Mayor
Russo recommended following the City charter which called for a
strong City Manager form of government or look at changing the
charter, and thanked the Vice Mayor for recommending Pat Bidol
to provide the recent report.
REORDER AGENDA Councilman Clark made a motion to reorder the agenda to next
consider the separation agreement with City Manager Herakovich
and then Resolution 128, 1999. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote.
SEPARATION
AGREEMENT City Attorney Terry Watterson presented the separation agreement
with City Manager Herakovich, reviewed changes since the last
City Council meeting, and clarified points of the agreement in
response to questions from members of the City Council.
Councilman Clark made a motion to approve the separation
agreement as amended. Councilman Jablin seconded the motion.
Mayor Russo stated he would not vote for this issue since he had
felt it would have been better for the City Manager to stay until
December 3. Councilman Sabatello stated his agreement. Vice
Mayor Furtado stated she agreed in principle but would vote in
favor of the motion in order to move forward. Motion carried 3 -2,
with Mayor Russo and Councilman Sabatello opposed.
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99
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RESOLUTION 128, 1999 City Attorney Watterson reported that he and Councilman Clark had
consulted regarding an agreement to appoint Carole Post Interim
City Manager, as directed by the City Council at their last meeting,
and noted that the most important point was that this would not cost
the City any more than they had been previously paying the City
Manager. Attorney Watterson reviewed the other points of the
agreement, and assured the City Council that in the event of
liability the City's insurance would cover the Interim City Manager.
Ms. Post stated she would be agreeable to future modifications to
the agreement.
Councilman Jablin made a motion to approve Resolution 128,
1999. Vice Mayor Furtato seconded the motion, which carried by
unanimous 5 -0 vote.
Councilman Jablin made a motion to authorize Mayor Russo to sign
the agreement appointing Carole Post as Interim City Manager.
Vice Mayor Furtato seconded the motion, which carried by
unanimous 5 -0 vote.
• CITY MANAGER REPORT Interim City Manager Post assured the City Council that she would
work to fulfil the terms of her agreement. Interim City Manager
Post reported on the status of the search for City Manager. Interim
City Manager Post also reported that an MIS network administrator
had been hired and would begin work the next Monday; that
following the City Council's direction, the contract with ON &M
would be finalized, and clarified items in the contract; that it had
been determined that the services of a telephone coordination expert
would not be necessary; that the City had received $47,000 for the
second year of a 3 -year grant from Florida Department of
Transportation to provide a DUI Specialist; and that the tree had
been removed from the right of way adjacent to Robin Weaver's
property, however, another tree had fallen during Hurricane Irene,
and that tree would also be removed.
Hurricane Irene Fire Chief Pete Bergel provided a report regarding the effects of
Hurricane Irene, efforts made to protect the City and residents from
the storm, and an update on mitigation and recovery efforts. To
alleviate frustration experienced by residents trying to obtain status
of FPL repairs for their area, it was suggested that the City
establish an emergency number to provide information to residents
• during emergencies. Chief Bergel reported on rainfall, power
outages, and improved drainage within the City. It was
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99
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recommended that the City work with Northern Palm Beach
Improvement District to provide gates on structures to regulate
• water in the Preserve area, which would decrease flooding in PGA
National. Working with South Florida Water Management District
was discussed. A field trip to view water management structures
and presentations by the City Engineer and other experts was
recommended so that the City Council members could better
understand hydraulics issues and provide knowledgeable responses
to questions from residents.
Construction Manager Report Ray Casto, Construction Manager, provided the first mid -month
report, which included updates on status of relocating rooftop
equipment and hiding the remaining equipment with a false
chimney, audiovisual equipment bids, telephone equipment,
permanent power for the police station, contractor's schedule and
status of ballfield number eight. Councilman Sabatello agreed to
help find a better screening solution for the generator.
40th Birthday Party Options for alternate dates were discussed because the 40th birthday
party had been canceled due to Hurricane Irene. Consensus of the
City Council was to accept Councilman Jablin's suggestion for a
combined birthday party, millennium celebration, and open house
for the new Municipal Complex to be held February 26, 2000.
• Details would be provided at a future meeting.
Goals /Priorities A list of policy priorities was discussed. Mayor Russo requested a
forbearance agreement update. It was the consensus of the City
Council that growth management reports be presented in writing
with a short oral report once a month, and to work on the top five
items on the policy priorities list during the next three months.
AWARDING OF BIDS
Peacock & Lewis Councilman Clark made a motion to approve the staff
recommendation to amend the contract with Peacock & Lewis in an
amount not to exceed $46,848.00 to include interior signs for the
Municipal Complex. Councilman Sabatello seconded the motion,
which carried by unanimous 5 -0 vote.
COMMENTS FROM
THE PUBLIC
Jo Palladini Jo Palladini, President of Palm Beach Gardens Women's Club, stated
their club was concerned with the plans to change the City crest,
which they felt would do away with the City's history. Councilman
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CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99
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Jablin responded that the Art Advisory Board had recommended the
details be clarified when the crest was made larger for the new
Council chambers. Ms. Palladini stated she was glad to hear that
explanation.
Rae Bonner Rae Bonner, 36 -year resident, provided a history of the crest and the
City, and was not in favor of updating the crest, which she stated
was never meant to be artistic. Councilman Jablin agreed that the
history of the City was very important, reported he had had many
discussions with Bill Beville regarding placing a kiosk in the City
Hall with historical information, and recommended Ms. Bonner
work with them on this project. Mayor Russo requested the
Womens Club provide historical information for the City's 40th
birthday party.
Arlene Kiselewski Arlene Kiselewski, past president of the Palm Beach Gardens
Womens Club, spoke in favor of keeping the City's crest the same
and commented that the Womens Club needlepoint would be re-
matted in a larger frame to fit the larger size of the new City
Council chambers.
• Siro DeGasperis Siro DeGasperis congratulated Interim City Manager Post, stated
Public Works personnel had done a great job during the hurricane,
expressed appreciation for Fire Rescue personnel training PGA
National residents on use of defribilators, and expressed concern
with the newspaper article regarding City personnel.
John Gary John Gary commented traffic reports indicated PGA Boulevard and
Military Trail intersection were getting closer to failing and
recommended an amendment to the Palm Beach County
comprehensive plan so that would not happen. Mayor Russo
responded that CRALLS designations would not be extended unless
benefits could be shown for the residents. The Mayor expressed
willingness to work together and listen to options. Mr. Gary
recommended that the City start a study to look at the situation.
Mayor Russo requested that Mr. Gary work with Councilman
Sabatello on this issue and enlist funding from the development
community. Mr. Gary was assured that this item was a high priority
item for the City Council.
•
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 5
• CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda.
Councilman Jablin seconded the motion. The following items
were approved on the Consent Agenda by a unanimous vote of 5 -0:
1. Approval of Minutes of 9/30/99 City Council Special Regular
Meeting.
2 Proclaiming November 19, 1999, as National GIS Day.
3. Proclaiming November, 1999 as National Epilepsy Awareness
Month
4. Resolution 72, 1999 - Consideration of Approval of a Sign
Variance for Gardens Park Plaza
5. Resolution 130, 1999 - Consideration of Approval to Support
Permanent and Consistent Funding for Regional Planning
Councils.
6. Resolution 131, 1999 - Consideration of Approval to Declare
Disposable Assets
PUBLIC HEARINGS
DRI Use Conversion Mayor Russo declared the Public Hearing open, held on the intent
of Notice of Proposed Change - Regional Center DRI Use
• Conversion, duly advertised 6/2/99, postponed from Regular
Meeting of 6/17/99 and 7/15/99. There were no comments from the
public. Councilman Clark made a motion to continue this matter
to the November 18, 1999 Regular City Council meeting.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 27, 1999 Staff advised that the public hearing had not been properly
advertised. Mayor Russo declared the public hearing open, held on
the intent of Ordinance 27, 1999 - Providing for Round 1, 1999,
Comprehensive Land Use Plan Amendments. There were no
comments from the public. Councilman Clark made a motion to
continue Ordinance 27, 1999 to the 11/4/99 Regular City Council
meeting. Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 41, 1999 Mayor Russo declared the public hearing open, held on the intent
of Ordinance 41, 1999 - Providing for an Amendment to Ordinance
18, 1998, Same Being the Budget Ordinance of the City of Palm
Beach Gardens for the Fiscal Year Beginning 10/1/98 and Ending
9/30/99, Inclusive, duly advertised 10/6/99, for Consideration of
• Second Reading and Adoption. Hearing no comments from the
public, Mayor Russo declared the public hearing closed.
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 g
Councilman Clark made a motion that Ordinance 41, 1999 be
placed on second reading by title only and adopted. Councilman
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 41, 1999 on Second Reading by
title only.
Ordinance 43, 1999 Mayor Russo declared the public hearing open, held on the intent
of Ordinance 43, 1999 - Providing for Amendment to the Code of
Ordinances, re: Excavation and Fill. There were no comments from
the public.
Councilman Clark made a motion to continue Ordinance 43, 1999
to the 11/4/99 Regular City Council meeting. Councilman Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 125, 1999 Mayor Russo declared the public hearing open, held on the intent
of Resolution 125, 1999 - Consideration of Approval of Gardens
Presbyterian Church Time Extension. Hearing no comments from
the public, Mayor Russo declared the public hearing closed.
• Councilman Clark made a motion to approve Resolution 125, 1999.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
RESOLUTIONS
Resolution 120, 1999 Resolution 120, 1999 - Consideration of Approval to of a Contract
with Lindahl, Browning, Ferrari & Hellstrom, Inc., for Engineering
Services. Manager Post reviewed changes to the proposed
contract. Councilman Sabatello requested this item be postponed
so that questions could be answered by the City Engineer. It was
the consensus of the City Council to table this item.
Resolution 129, 1999 Interim City Manager Post recommended Assistant City Manager
Diamond be appointed Representative to the Seacoast Utility
Authority Board of Directors. Councilman Jablin and Councilman
Sabatello were also recommended to fill the position of temporary
representative to the Seacoast board. Councilman Jablin declined.
Discussion ensued. City Attorney Watterson recommended
Councilman Sabatello be appointed and that an agenda item be set
for reconsideration in four or five months.
• Vice Mayor Furtado made a motion to approve Resolution 129,
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 7
• 1999 - Consideration of Approval of Appointment of a
Representative to the Seacoast Utility Authority Board of
Directors, with Councilman Carl Sabatello as the representative.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 132, 1999 Councilman Clark made a motion to approve Resolution 132, 1999
- Consideration of Approval to Update Zoning Fees. Councilman
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 135, 1999 Councilman Jablin made a motion to approve Resolution 135, 1999
- Consideration of Appointments to the Art Advisory Committee,
inserting the names Cheryl Wood in Section 1, Gary Katz in
Section 2, Raymond Katz in Section 3, and Theodore Thoburn in
Section 4.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
ORDINANCES
Ordinance 28, 1999 Staff explained that changes had been made since the last
• presentation of Ordinance 28, 1999 - Providing for Approval of
Catalina Lakes Townhomes PUD for consideration of First
Reading. Representative for the Petitioner, Rick Green, Vice
President of DiVosta & Company, reviewed issues previously
raised by the City Council and the petitioner's proposed solutions
to each issue.
Councilman Clark made a motion to place Ordinance 28, 1999 on
First Reading by Title Only. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 28, 1999 on First Reading by Title Only.
ITEMS FOR DISCUSSION
PGA Flyover Design Principal Planner Kim Glas Castro presented part one of three
presentations on the PGA Flyover design to be made to the City
Council at their next two meetings. Consensus of the City Council
was to take an aggressive stance regarding correcting design flaws
and to involve property owners. Ms. Glas- Castro reported that the
Flyover Design Task Force had met and discussed aesthetics of the
project; and that DOT had indicated the City could have a voice in
lighting, safety rails, shapes on retaining walls, and colors of
. retaining walls. Ms. Glas-Castro explained that business people on
the task force were sponsoring the architectural firm of Oliver &
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 g
• Glidden to fast track sketches showing architectural features, which
would be presented to the City Council at their next meeting, to be
finalized if the City Council approved, from which cost estimates
could be formulated. It was the consensus of the City Council that
Vice Mayor Furtado schedule a meeting on this matter which would
include Planner Glas- Castro, John Gary, Commissioner Karen
Marcus, as well as the current participants.
ITEMS & REPORTS BY
MAYOR AND CITY
COUNCIL
Mayor Russo Mayor Russo requested consensus action to be taken regarding the
Bidol report. Consensus was to forward a copy of the report to Mr.
Slavin to aid him in conducting a search for a new City Manager.
A workshop to discuss the report was recommended to be
scheduled after the new City Manager was on board. Councilman
Jablin stated he saw this report as a breakdown in the budget
process, which was specifically cited in the report, and he wanted
to address those concerns. Mayor Russo agreed the budget process
could have contributed to the problems, but expressed his feeling
that the cohesive teamwork had begun to unravel approximately 9-
10 months ago, and commented that so many things had been asked
of the staff that they had been under too much pressure.
Councilman Sabatello commented on the budget process and that
the City Council had placed pressure on staff. Vice Mayor Furtado
commented that discussion was needed regarding the perception of
exactly what a council /manager form of government was and stated
that she understood it to be that the Council set policy and the City
Manager implemented that policy. The Vice Mayor commented
that there had been many instances in which the Council set policies
that were not carried out, which also created issues. Discussion
ensued. The 3 -2 -3 policy was discussed. City Attorney Watterson
clarified that the type of government of the City was as set forth in
the City Charter with powers divided among various parties as
stated. Attorney Watterson explained that the last charter
amendment weakened the City Manager form of government by
making termination of the manager only requiring a 3 -vote margin,
and the contract with the recent City Manager had not been a strong
contract by way of any termination benefits that were significant.
Attorney Watterson explained that the current charter provided that
the City Council direct the City Manager to do what the Council
said. Attorney Watterson stated that the legal interpretation was
that the City Council was empowered to determine policy and had
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CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99
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the ability to determine the means of implementation. Discussion
ensued regarding the MIS situation. Attorney Watterson reminded
the City Council of prohibitions in the charter with respect to the
City Council trying to dictate the appointment of any employees or
dictating any department head matters, and explained that any such
action would be a violation of the charter as well as misconduct of
office. A City Manager who did not carry out the direction of the
City Council and who was not protected by provisions in his or her
contract could be let go by the City Council. Attorney Watterson
stated that in dealings with the City Manager, the City Council
should act through their elected leader, the Mayor, communicating
in open meetings; although there was no prohibition for members
of the City Council to communicate directly with the City Manager.
After further discussion, Interim City Manager Post commented
that the City Council established goals which the City Manager
used her own means and methods to accomplish, and if the means
and methods were inappropriate so that the goals were not
accomplished then the City Council could remove the City
Manager. Councilman Sabatello responded that the City Manager
should establish the criteria for the goal when given direction by the
City Council and then should accomplish the goal according to time
and cost guidelines within his or her own personal style. Holding
a future workshop meeting on this subject was mentioned.
Mayor Russo reported he had attended an assembly at Palm Beach
Gardens Elementary, that Interim City Manager Post would attend
the next one, and asked the other members to each attend in the
future.
Councilman Jablin reported he had attended the Art Advisory
Board meeting and recommended holding a joint workshop with
them to discuss their concerns with the double rainbow sculpture
and with the art plan for the new building. A date was discussed for
the workshop, estimated to take 1-1/2 hours, and the Interim City
Manager was directed to coordinate a date when everyone could be
present.
Councilman Clark Councilman Clark reported concern expressed by a resident based
on a newspaper article which had appeared in the business section
regarding the church ordinance. The resident requested
involvement in the review, and the opportunity to provide input for
• the ordinance. Growth Management Director described the review
and input procedure.
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 10
Mayor Russo Mayor Russo reported both he and Councilman Jablin had attended
the farewell party for former City Manager Herakovich and had
presented her with a key to the City. Mayor Russo reported he had
attended the homecoming parade at Dwyer High School and
requested that the Vice Mayor attend the one at Palm Beach
Gardens High School since he would be out of town.
Councilman Sabatello Councilman Sabatello reported he had toured the City and had seen
the staff efforts to prepare for Hurricane Irene, which had been
excellent. Councilman Jablin recommended the City Council write
a letter commending the staff efforts. The effects of the hurricane
were discussed. Councilman Sabatello commended the efforts of
SWA in the clean -up.
CITY ATTORNEY Attorney Andrew Pineiro, who would be the Interim City Attorney,
was introduced to the City Council by Attorney Watterson.
Attorneys Scott Zapelo, Preston Fields, and Craig Williams from
the firm were also introduced. Attorney Watterson assured the City
Council that the firm would handle the City's legal work during the
time Carole Post was acting as Interim City Manager.
CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99
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ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the
meeting was adj at 0 p.
APPROVAL: _
1&A,Y0fff1 S H R RUSSO
VICE MAYOR LAUREN FURTADO
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COUNCILMAN DAVID CLARK
COUNCILM SABATELLO
ATTEST:
IND KKOSIER, CMC, CITY CLERK