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HomeMy WebLinkAboutMinutes Council 090299r • 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 _ HAKD. C'UIiN(11 , ON7R)xI1y.0KC0MMI*I71E.E . , 11,5.s d �4S �i ®rim I HF HOARD. CO NC'11_ COMMISSION. AUTHORIii OK COMMIiTEE ON L WIIICH 1 SERVE IS A t:NIi OF /OSOd /V, X,CflY O COUNTY O Oi HER VOCAL AGENCY 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