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HomeMy WebLinkAboutMinutes Council 100799• CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 7, 1999 The October 7, 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. PRESENTATIONS Parks and Recreation Department Awards from the FRPA 1999 State Conference in Orlando were presented. The NRPA Dorothy • Mullins Arts & Humanities Award was presented to Sue Miller for Gardens Art, who recognized the efforts of Lucy Keshavarez. Other awards were to the Parks and Recreation Department for Department of the Year 1999 for District V, to Sue Miller as Volunteer of the Year 1999 for District V, and certificates of appreciation were given to various employees for the PGA Golf Tournament. The City Manager announced that the 3CMA 1999 SAVVY Award had been presented to the City for their visioning process booklet, and had been accepted by the City's Public Information Officer, Beth Ingold -Love. The City Manager recognized Principal Planner Kim Glas Castro for her efforts in the visioning process. CITY MANAGER REPORT Birthday Party The City Manager announced the entertainment schedule and food for the City's upcoming 40th birthday party. Construction Manager Report The Construction Manager presented an aerial photograph of the Municipal Complex project, announced that the underground drainage had been started, that items on the roof were being taken care of, and that plans were in place for moving in on time. The . City Council discussed and agreed to hire someone to oversee the move. CITY COUNCIL REGULAR MEETING, 10/7/99 2 • Vice Mayor Furtado made a motion to accept the contract proposal from Ray Casto in the amount of $20,000 to oversee the City's move into the new Municipal Complex. Councilman Clark seconded the motion. Discussion ensued. Vice Mayor Furtado withdrew her motion and made a motion to reconsider the motion. Councilman Clark withdrew his second. Vice Mayor Furtado made a motion to authorize the City Manager to enter into negotiations for award of the move -in management for a price not to exceed $20,000. Councilman Clark seconded the motion, which carried by vote of 3 -2 with Mayor Russo and Councilman Sabatello opposed. Canal Update City Engineer Lindahl reported three previous conversations with Mr. Seagrin. The City Engineer reported a public meeting had taken place that day with Councilman Sabatello present as well as Engineer Dan Clark and Mr. Seagrin. Following the meeting, Councilman Jablin joined the City Engineer and Mr. Seagrin for a boat tour, followed by a tour of potential sites for dredge discharge, • followed by an update with Councilman Sabatello. Councilman Sabatello commented that because of the lack of an area to accommodate the slurry from dredging, he believed the only solution was the original procedure with the platforms as proposed. Mayor Russo commented that the City had looked at other solutions as requested by the residents, and the Vice Mayor was complimented on finding such a professional and knowledgeable individual to give an objective opinion. AWARDING OF BIDS Impact Fee Study Councilman Clark made a motion to approve the staff recommendation to accept a proposal from Duncan Associates to evaluate and update City impact fees in the amount of $21,860 and to authorize the City Manager to execute a contract for same. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Banking Services Councilman Clark made a motion to approve the staff recommendation to award a contract to Republic Security Bank in the amount of $665.58 monthly for banking services. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. • Furniture Councilman Clark made a motion to approve the staff recommendation to award a contract to Office Products and • 0 CITY COUNCIL REGULAR MEETING, 10/7/99 3 Furniture Councilman Clark made a motion to approve the staff recommendation to award a contract to Office Products and Services for the purchase and installation of furniture at the new Municipal Complex. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to reconsider the motion. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve the staff recommendation to award a contract to Office Products and Services as amended in the amount of $261,447.16 for the purchase and installation of furniture at the new Municipal Complex. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Carpeting Councilman Clark made a motion to approve the staff recommendation to award a contract to Jack Walsh Carpets and Rugs, Inc., in the amount of $82,072 for purchase and installation of carpeting at the new Police Station and new City Hall, Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote MacArthur Bridge Councilman Clark made a motion to approve the staff recommendation for a change order to make repairs to the MacArthur Bridge using the same contractor as for the foot bridge. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. THE PUBLIC Robin Weaver Robin Weaver, 545 Riverside Drive, reported a large Australian Pine had blown over on her property several months ago in the January storm and she had requested help from the City four weeks ago at the City Council meeting, which had not yet happened. The City Manager reported the tree was in the City's right -of -way and the cost would be $2,500 to hire a tree cutter to remove the tree. Bob Patty reported the tree could be taken out without additional cost in 2 -3 months during the canal dredging. Councilman Jablin apologized for the problem and commented that the tree could not have been removed previously without additional cost. Following discussion, Ms. Weaver was told she would be called by the next Tuesday with a date for removal of the tree. CITY COUNCIL REGULAR MEETING, 10/7/99 4 • CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. Councilman Jablin seconded the motion. The following items were approved on the Consent Agenda: 1. Approval of Minutes from 9/16/99 City Council Regular Meeting. 2 Proclaiming November 8, 1999, as Community and Regional Planning Day. 3. Proclaiming October 13, 1999, as "Save Today Day" 4. Resolution 118, 1999 - Consideration of Approval of Support from FDOT, MPO and Palm Beach County for 4 -laning of PGA Boulevard 5. Resolution 126, 1999 - Consideration of Approval of Replat of BallenIsles Golf Course PUBLIC HEARINGS Resolution 72, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Resolution 72, 1999 - re: Consideration of Approval of a Sign Variance for Gardens Park Plaza., duly advertised 6/7/99, postponed from the 6/17/99. 7/15/99, 8/19/99 and 9/16/99 regular meetings. • The applicant presented the variance request. Discussion ensued. Growth Management Director Roxanne Manning explained that staff believed hardship criteria had been met. During discussion, Mayor Russo disagreed that hardship criteria had been met. The property owner expressed complete willingness to cooperate to get the signs for the outparcels changed. City Attorney Post advised that a condition could be imposed that the sign package be complied with within a definitive time period. A time period of three years was agreed upon to have the five signs on the property brought into conformity, and petitioner was advised that the Resolution would be placed on the Consent Agenda for the next City Council meeting.. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Ordinance 42, 1999 Frank Palen presented the request on behalf of the petitioner. Mayor Russo declared the public hearing open, held on the intent of Ordinance 42, 1999 - Providing for Amendment of Ordinance 22, 1998, The Consolidated and Restated Development Order for the PGA National Resort Community, DRI, by Amending the Master Development Plan to Revise the Schedule of Uses to Convert Approved Industrial and Warehouse Use to Office and Hotel Use, • duly advertised 9/22/99 for Consideration of Second and final reading. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. 0 • CITY COUNCIL REGULAR MEETING, 10/7/99 5 Councilman Clark made a motion to place Ordinance 42, 1999 on Second Reading by Title Only and approved. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 42, 1999 by Title Only on Second Reading. RESOLUTIONS Resolution 97, 1999 Councilman Jablin made a motion to approve Resolution 97, 1999 - Consideration of Approval to Create an Art Advisory Task Force and Appointing Members to Serve on Said Task Force. Vice Mayor Furtado seconded the motion. Councilman Jablin amended the motion to approve Resolution 97, 1999 with the date October 7, 2000 inserted into the blank in Section 2. Vice Mayor Furtado seconded the amended motion, which carried by unanimous 5 -0 vote. Resolution 100, 1999 Resolution 100, 1999 - Consideration of Approval of Signage and Lighting Plan for The Commons Parcel I was presented, with comments by staff and by Henry Skokowski as agent for the petitioner. Councilman Clark made a motion to approve Resolution 100, 1999 with Section 2 deleted and Sections 3 and 4 re- numbered as Sections 2 and 3. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 101, 1999 Resolution 101, 1999 - Consideration of Approval of Signage and Lighting Plan for The Commons Parcel 2 was presented, with comments by staff and by Henry Skokowski as agent for the petitioner. Councilman Clark made a motion to approve Resolution 101, 1999. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 102, 1999 Resolution 102, 1999 - Consideration of Approval of Signage and Lighting Plan for The Commons Parcel 3 was presented, with comments by staff and by Henry Skokowski as agent for the petitioner. Councilman Clark made a motion to approve Resolution 102, 1999 with Section 2 deleted and Sections 3 and 4 re- numbered as Sections 2 and 3. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. CITY COUNCIL REGULAR MEETING, 10/7/99 g Resolution 117, 1999 Resolution 117, 1999 - Consideration of Approval of Parcel 28, BallenIsles, Clubhouse, Tennis and Fitness Center was presented and the requested improvements were discussed. Councilman Clark made a motion to approve Resolution 117, 1999. Councilman Jablin second the motion. Motion carried by 3 -2 vote with Mayor Russo and Councilman Sabatello opposed because of the awning. Resolution 122, 1999 Councilman Clark made a motion to approve Resolution 122, 1999 - Consideration of Approval of Employee Classification Plan. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 4 -0 vote, with Councilman Sabatello out of the room. Resolution 123, 1999 Councilman Clark made a motion to approve Resolution 123, 1999 - Consideration of Approval of an Interlocal Agreement with the Solid Waste Authority for Recycling. Councilman Sabatello seconded the motion. Motion carried by unanimous 4 -0 vote, with Vice Mayor Furtado out of the room. ORDINANCES Ordinance 43, 1999 Ordinance 43, 1999 - Providing for Amendment to the Code of Ordinances, re: Excavation and Fill was presented for workshop /consideration of First Reading. Councilman Clark made a motion to place Ordinance 43 on First Reading by Title only. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 4 -0 vote, with Councilman Jablin out of the room. The City Clerk read Ordinance 43 on First Reading by Title Only. ITEMS FOR COUNCIL ACTION City Seal The Mayor reported the Womens Club of Palm Beach Gardens had requested the City's crest not be changed and that they be allowed to repair the needlepoint of the crest and provide a new frame. It was suggested that the family depicted on the crest be updated. Eastward Ho! The Mayor reported that a presentation of the US One improvements would be given to the City Council on a future agenda. • CITY COUNCIL REGULAR MEETING, 10/7/99 7 Palm Beach Gardens Elementary The Mayor advised he had volunteered the services of the City Council for certain events at the elementary school. ITEMS FOR DISCUSSION Solid Waste RFP Revision Staff described proposed revisions, using the Solid Waste document as an example. Mayor Russo expressed his opinion that a requirement for an audited financial statement was- too restrictive. A suggestion was made to let Solid Waste qualify companies, using a 3- member committee with at least one staff representative. Concern was expressed with companies that had had criminal convictions and litigation. Following discussion, a suggestion was made that each member of the City Council provide comments so that staff could make changes to the document. It was the consensus of the City Council that a qualifying committee be made up of three Solid Waste employees and two City of Palm Beach Gardens staff members. John Albert reported that Waste Management had no criminal convictions within the State of Florida. Levels of service were discussed. City Seal The City Manager was given direction to put out an RFP to enlarge and modernize the seal. Issues & Priorities The City Manager provided brief updates on items on the issues and priorities list. Vice Mayor Furtado expressed concern with the grant rate. It was the consensus of the City Council to put out an RFP in order to have a new grant company ready to take over when the contract expired in April. Mayor Russo reported that former Council member Linda Monroe had sent a letter requesting that the landscaping concerns she had expressed at a prior meeting be addressed. Following discussion, the City Manager indicated she would send a letter to Mrs. Monroe. Mayor Russo commented that Mrs. Monroe had suggested a staff person be assigned to address comments from the public. CITY ATTORNEY Labor Attorney Report City Attorney Post recommended H.E. Scott and Associates of Vero Beach as General Labor Counsel based on recent interviews and information, and proposed to have the firm of Whelan, DeMaio, Kiszkiel, P.A. of Miami on call as a union specialist. The City Council ratified the recommendations by consensus. 0 CITY COUNCIL REGULAR MEETING, 10/7/99 0 Mayor Russo reported Pat Bidol had illness in the family and requested that the City Manager find out when her report would be received. The City Council discussed appointment of City Attorney Post as interim City Manager. Attorney Terry Watterson presented a proposed separation agreement modifying the terms of City Manager Herakovich's resignation. The City Manager would receive the sum of $18,171.20 for services not rendered between now and her termination date of December 3rd, which the City could take in 180 hours of consultation over the next year. Discussion ensued. Consensus of the City Council was to appoint City Attorney Post as interim City Manager, on leave from her duties with the law firm, to receive compensation as City Manager. It was agreed to hold a workshop on Monday, October 18 at 7:30 p.m. to set goals for the interim City Manager, with formal appointment to be at the next City Council meeting, and that Councilman Clark would work with Attorney Watterson to finalize an agreement between City Attorney Post and the City. Bobbie Herakovich would be utilized as a consultant to the interim City Manager until December 3rd, and she and Interim City Manager Post would work together to assure an easy transition. CITY COUNCIL REGULAR MEETING, 10/7/99 g • ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the meeti7111 ed 1: p.m. APPROVAL: �� O §EPH R. RUSSO VIC AUREN FURTADO CHAIKMAN PR ' TEM C JABLIN COUNCILMAN D CLARK COUNCI6MAN CARL SABATELLO ATTEST: J �INIVA KOSIER, CMC, CITY CLERK