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• CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 2, 1999
The September 2, 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
Golf Digest Jay Fitzgerald, Chairman of Golf Digest, explained that his job was
• solely to work on this project, which he assured the City Council
would be one of the finest 18 -hole golf facilities in the world and
that Golf Digest was very interested in seeing this project
completed.
Construction Manager's
Report The Construction Manager reported substantial completion of the
fire station was anticipated during September as well as having the
police station on line during November. Substantial completion
of City Hall was anticipated by the end of the year, with the City
Council chambers to be completed after that. Discussion ensued
regarding the move and options for locations to hold City Council
meetings were discussed. Completion of the ballfields was
discussed. Change orders were presented for approval.
Councilman Clark made a motion to approve Change Order
numbers PCO 52, 53, 82, 93, 102, 103, 105, 106, 109, 111, 112,
and 118 as requested in the Construction Manager's Report.
Motion was seconded by Councilman Jablin and carried by
unanimous 5 -0 vote.
• Presentation to Susan
CITY COUNCIL REGULAR MEETING, 9/2/99 2
• Wood Councilman Clark presented a plaque to Susan Wood for her service
on the Beautification and Environmental Committee from
September 1994 through June 1999.
CITY MANAGER REPORT City Manager Herakovich announced the Employee Benefits Fair
on September 9, budget hearings on September 16 and 30, and a
Land Use and Transportation Workshop on September 17. The
City Manager announced conversations with the Plat 4
representative regarding drainage improvements and mitigation
concerns, and reported that after a meeting with Northern there
would be another neighborhood meeting. University of Florida
new population estimate of 34,577 for the City was announced.
The City Manager read a letter from the State in regard to the City's
status of readiness for Y2K and reported that Channel 5 had been
notified. Mayor Russo requested that the consultants for Y2K make
a presentation to the City Council. Commander Carr reported he
had explained to Channel 5 personnel that the City was prepared for
Y2K. It was requested that the computer consultant be added to
the interview team for a network administrator, and salary range
was discussed.
• Canal Maintenance &
Procedures Bob Patty, Public Works Director, reported the Earman River canal
and Thompson River canal clearing had been budgeted for this
year, and reviewed the original plan and cost. Mr. Patty explained
that the plan could be completed during the current year with
budgeted funds. Cost of proposed mitigation items was discussed.
Items were estimated on 80' back yards. Mr. Patty reported that
irrigation lines could be non - functional up to 12 weeks rather than
the 2 weeks discussed earlier, and explained that flex hose was
proposed for the access side to allow residents to irrigate when
necessary. Mr. Patty recommended meeting with residents 60 days
prior to the work to discuss vegetation and utilities. It was reported
that the City Forester had encouraged use of new materials rather
than relocation. Mitigation cost for moving trees and bushes was
discussed. Sample mitigation cost for one home was $880, or
$146,000 total for the project. Possible use of a mud cat dredge
was discussed and a meeting was proposed with South Florida
Water Management personnel knowledgeable regarding this
method of dredging. Staff recommended sodding platforms in
bahia grass and providing irrigation. The City Attorney commented
• that each resident was to be notified of the plan for their property
and given an opportunity to work with the City; however, if they
CITY COUNCIL REGULAR MEETING, 9/2/99 3
• did not desire to do so the work would be done; and that release
forms had been created for residents to sign. Mr. Patty reported that
Phase I mitigation would be accomplished before starting another
phase of the work. Proposed policy was to take care of irrigation
lines, remove fencing, install bahia grass, and relocate one small
tree in the back yard only if there was room outside the utility
easement.
Grant King, 631 Riverside Drive, requested and received a time
schedule for the canal project and requested information regarding
permitting for this project. Mr. King was advised that no permit
was necessary and that he could obtain verification from South
Florida Water Management.
Zola Hartman, challenged the City Council to be pace setters in this
project and live in harmony with nature. Mrs. Hartman presented
a movie to the City Council of the canal to show how fast the water
flowed after the flood gates were opened during the January 2, 1999
flood.
• Mike Martino, a 30 -year resident, reported he lived three blocks
from the canal and his street had flooded during the January storm.
Mr. Martino expressed his opinion that timely opening of the gates
was what was needed to prevent flooding, that weed and algae
control used to be outsourced but had not been done recently, and
that the canal needed to be deepened only where necessary and
banks maintained where necessary and urged the City Council to be
more sensitive to the residents living along the canal and put
sensitivity into their policy decision making. Mr. Martino reported
many residents were not happy and no one was satisfied, and
commented that the City owed it to the residents to review any
policy with residents before adoption. Mr. Martino commented that
flooding could be taken care of by better communication, expressed
his opinion that platforms were not needed on both sides in all
areas, and that the work should be more individualized and did not
need to be done on the scale proposed.
Jebb Lee, 4302 Poplar, commented that in January 1999 the gates
were not opened in a timely manner, and that the City Engineer had
intimated that he knew this, but policy dictated to him that they
were in fact opened in time. Mr. Lee commented that as soon as the
• gates were opened you could watch the water fall. Mr. Lee
requested moving on with this project and commented that some
CITY COUNCIL REGULAR MEETING, 9/2/99 4
• homeowners did not maintain their back yards since trees were
overhanging into the canal.
Robin Lieber, stated a large palm tree in her back yard was
uprooted in the January flood, leaving a large hole that she had been
calling the City for help with for months, and yet this past week she
had received a letter stating that the City had a policy whereby they
would come out to help with fallen trees, limbs, etc., and that all a
resident had to do was call. Ms. Lieber stated the City was sending
letters stating they would do things which they were not doing. Ms.
Lieber expressed concern for lack of communication and the City
Council not knowing what was going on. Ms. Lieber requested a
copy of the report presented at tonight's meeting. Ms. Lieber
questioned who she could work with to resolve the problem in her
back yard which was a dangerous eyesore. Mr. Patty commented
the tree was on the canal right -of -way and there was no access. Ms.
Lieber requested a meeting with someone other than Mr. Patty,
stating she had spoken with him previously and had lost faith in
him. The City Manager was directed to set up a meeting between
Ms. Lieber and a City employee.
• Alex Perez, Garden Woods resident, commented he believed that
Mr. Patty was trying to do the right thing but had too much to do,
and suggested outsourcing since the City had grown to such a stage
that current staffing levels may have been outgrown.
AWARDING OF BIDS
Health Insurance Councilman Clark made a motion to approve the staff
recommendation to award the bid for health and dental insurance
contracts to Blue Cross Blue Shield and to extend the life insurance
contract with Sun Life, in the amount of $1,469,000. Councilman
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Trash, Recycling, and
Vegetation Mayor Russo stepped down due to conflict of interest and passed
the gavel to the Vice Mayor. Acceptability of the RFP was
discussed. The Vice Mayor recommended a separate roll -off
contract and expressed unhappiness with the present RFP.
Discussion ensued.
Councilmember Clark made a motion to reject all bids and go to a
new RFP. Councilman Sabatello clarified that he would not second
the motion because four bidders had satisfied the criteria in the RFP
CITY COUNCIL REGULAR MEETING, 9/2/99 5
• and his motion would have been to award the contract to the lowest
bidder. Vice Mayor Furtado passed the gavel to Councilman Jablin
and seconded the motion. Vote was tied at 2 -2.
Councilman Sabatello made a motion to award the contract to the
lowest bidder, Eagle Sanitation. Motion died for lack of a second.
Discussion ensued regarding RFP criteria. City Attorney Post
clarified the difference between a bid and an RFP.
Councilman Clark made a motion to reject all bids and put the solid
waste disposal out for rebid. Motion died for lack of a second.
Councilman Jablin made a motion to accept staff s recommendation
and award the bid to Waste Management. Councilman Clark
seconded the motion. Following discussion, the vote on the motion
was 2 -2.
Discussion ensued. Councilman Clark expressed his belief that
three of the four Councilmembers felt the RFP was fine but it was
• a matter of interpretation, and asked that differences be put aside so
that all bids could be rejected to end the deadlock and go for re -bid.
Councilman Clark made a motion to reject all bids and put the solid
waste disposal out for rebid. Vice Mayor Furtado passed the gavel
and seconded the motion. Motion passed 3 -1 with Councilmember
Jablin opposed.
Mayor Russo re joined the City Council.
RE -ORDER AGENDA Councilman Clark made a motion to reorder the agenda to consider
Resolution 106. Vice Mayor Furtado seconded the motion, which
carried by unanimous 4 -0 vote.
RESOLUTION
Resolution 106 Vice Mayor Furtado made a motion to approve Resolution 106, 1999
- Consideration of Approval of Extension of Contract with Waste
Management. Councilman Clark seconded the motion, which
carried by unanimous 4 -0 vote.
AWARDING OF BIDS
• Aerator for Golf Course Councilman Clark moved to approve the staff recommendation to
award the bid for the golf course aerator to Kilpatrick Turf
CITY COUNCIL REGULAR MEETING, 9/2/99 6
• Equipment Company of Boynton Beach, Florida, in the amount of
$19,897.00. Vice Mayor Furtado seconded the motion. Motion
carried by unanimous 4 -0 vote. Councilman Sabatello was not in
the room for the vote.
Fueling Island Councilman Clark made a motion to approve the staff
recommendation to award the bid to replace the vehicle fueling
system to Glasgow Equipment Service, Inc., per Palm Beach
County School Board RFP- 99C -015P in the amount of $77,369.09.
Motion was seconded by Vice Mayor Furtado and carried by
unanimous 4 -0 vote. Councilman Sabatello was not in the room
For the vote.
Fire Station #1 Carpeting Councilman Clark made a motion to approve the staff
recommendation to award a contract to Shaw Contract Flooring in
the amount of $15,966.10 for purchase and installation of carpeting
for Main Fire Station No. 1. Vice Mayor Furtado seconded the
motion, which carried by unanimous 4 -0 vote. Councilman
Sabatello was not in the room for the vote.
COMMENTS FROM THE
• PUBLIC
Linda Hughey Ms. Hughey questioned who would own the platforms to be installed
on the canal banks, to which the Mayor responded that the City
would own the platforms. Ms. Hughey questioned why private
irrigation would be provided on City property. The Mayor
explained he was not opposed to spending a little to lessen the
impact on the residents. The City Attorney advised that those
parties receiving irrigation equipment must sign a release. Ms.
Hughey commented the word communication kept coming up and
she did not understand why when specific direction was ignored by
staff nothing was done by the City Council, and requested that be
addressed. Ms. Hughey stated that specific items requested to be
placed on an agenda had not been on the agenda. Ms. Hughey
requested that policies be changed before the next City Manager
came so that mistakes were not perpetuated. Mayor Russo
responded that although there were communications problems, the
City Council was working together.
Alex Perez Alex Perez commented that the growth of the City warranted having
Engineering personnel at the City offices, to handle the explosion
of applications that Growth Management would be experiencing.
CITY COUNCIL REGULAR MEETING, 9/2/99 7
• CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda.
Councilman Clark seconded the motion. The following items were
approved on the Consent Agenda:
1. Approval of Minutes from 8/5/99 City Council Regular
Meeting
2. Approval of Minutes from 8/23/99 Canal Tour
3. Approval of a Proclamation proclaiming the week of
September 13 -19, 1999 as "Florida Staffing Services Week"
4. Approval of a Proclamation proclaiming the week of
September 17 -23, 1999 as "Constitution Week"
5. Resolution 104, 1999 - Consideration of Approval of Disposal
of Assets
6. Resolution 105, 1999 - Consideration of Approval of Granting
an Easement to Florida Power and Light for the New
Municipal Complex.
7. Resolution 107, 1999 - Consideration of Approval
Recognizing the Accomplishments and Talent of the Palm
Beach Gardens High School Gatorettes
8. Resolution 108, 1999 - Consideration of Approval
Recognizing the Gardens Neighborhood Association.
PUBLIC HEARINGS
Regional Center DRI Mayor Russo declared the Public Hearing open, held on the intent
of Notice of Proposed Change for the Regional Center DRI (Use
Conversion), duly advertised 6/2/99; continued from Regular
Meeting of 6/17/99 and 7/15/99 Regular Meeting.
Councilman Clark made a motion to continue the Public Hearing
for Proposed Change for the Regional Center DRI (Use
Conversion) to the 10/21/99 meeting. Vice Mayor Furtado
seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 34, 1999 Mayor Russo declared the Public Hearing open, held on the intent
of Ordinance 34, 1999 - Amending Ordinance 30, 1990, Which
Approved a Conditional Use, to Allow an Increase in the Maximum
Occupancy at the Site Known as "Christ Fellowship" which is
Generally Located on the South Side of Northlake Boulevard West
of Military Trail, and to Amend the Approved Use of the Residence
Building to a Youth Center - -duly advertised 8/5/99 for
Consideration of Second and Final Reading and Adoption. There
• were no comments by the public.
CITY COUNCIL REGULAR MEETING, 9/2/99 8
14W Councilman Clark made a motion to continue Ordinance 34, 1999
to the 9/16/99 meeting. Vice Mayor Furtado seconded the motion.
During discussion of the motion, Councilman Jablin suggested that
staff be directed to inform the applicant that they must come to the
next hearing on 9/16/99 with the cross easement agreement with the
Nazarene Church or be subject to Code Enforcement. Councilman
Clark, Councilman Sabatello, and Vice Mayor Furtado stated
agreement. Motion carried by unanimous vote of 5 -0.
ORDINANCES
Ordinance 41, 1999 Councilman Clark moved that 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 October 1, 1998, and Ending September 30, 1999,
Inclusive; Providing for the Repeal of all Ordinances and
Resolutions in Conflict - be placed on First Reading by Title Only.
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote. The City Attorney read Ordinance 41 on First
Reading by Title Only.
ITEMS & REPORTS BY
• MAYOR & CITY COUNCIL
Issues & Priorities The list of issues and priorities was reviewed and it was noted that
some items needed updating. Irrigation on PGA Boulevard was
discussed, and the City Manager commented that a complete report
would be presented at the next meeting. A presentation by the City
Engineer was requested.
Mayor Russo Mayor Russo commented that the waste management business was
not presently in a good cycle and he feared that without an open
bidding the City might wind up with high bids; therefore, the
bidding must be open and the message must be out that the lowest
qualified bidder would be successful. The bidding process was
discussed. Information on the rewritten RFP was requested before
the next meeting and this item was requested to be on the next
agenda.
Vice Mayor Furtado The Vice Mayor expressed her opinion that the Public Information
Officer was doing a great job and questioned why the City would
want to hire a consultant. The City Manager commented the City
Council had requested by 3 -2 -3 that staff look at consultants. At a
meeting with a consultant, that consultant had suggested using
• outsourcing only for special projects.
CITY COUNCIL REGULAR MEETING, 9/2/99 9
Councilman Sabatello Councilman Sabatello requested that in the new RFP for trash,.
recycling, and vegetation the new contractor be required to
pay for containers.
CITY ATTORNEY REPORT
Labor Attorney The City Attorney reported a number of interviews for a labor
attorney would be conducted and a report would be presented at the
September 16 meeting.
CITY COUNCIL REGULAR MEETING, 9/2/99 10
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the
meeting was a o ed 1:1 m.
APPROVAL: —
J6SEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
z P, _, O T�M EIjhC JABLIN
COUNCILMAN DAVID-CLARK
COUNCILMAN C4 SABATELLO
ATTEST:
A,/kOSIER, CMC, CITY CLERK
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
1 1S1 \II 1 IK\ 1 \ \ \II MIUI)1 I \•\MF NAME OF
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CI ('Ol'N1 NAME OFF POt.IT1CA1. SUllO ISIOM
DATE O 1% %HICH VOI F (x'CI'KRFD
Y 'OS lON IS � 166 42 19 y _--C71VE 0 APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing ;he reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
.A person holding elective county, municipal, or other local public office MUST . ABSTMN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE COTE BEING TAKEN by publicly Mating to the as.embly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
.APPOINTED OFFICERS
A person holding appointive county, municipal, or other local public office `LUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE .ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
' You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a :ontlict of interest.
c F .•jmm .H , 'a,E
IF YOU NIAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Q �[_ Q q�j
1. � ®S Y6?4 / L U �• f ® , hereby disclose that on ���✓7�'� �rY� i� 19
(a) A measure came or will come before my agency which (check one)
inured to my spe6al private gain; or
inured to the special gain of ' ✓— �(t-''' / '� ` �'"� `"E , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date giled
NOTICE. UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR .MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000.
CE FORM so. 141 PAGE 2