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HomeMy WebLinkAboutMinutes Council 102199r9 0 0 i CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 21, 1999 1 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 2 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 3 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 0 CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 4 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 • CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 N 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 11 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 1Z1 r_aj C9 �- OA � �Q COUNCILMAN DAVID CLARK COUNCILM SABATELLO ATTEST: IND KKOSIER, CMC, CITY CLERK