HomeMy WebLinkAboutMinutes Council 070199•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JULY 1, 1999
The July 1, 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
• Swearing In of New
Police Officers New Police Officers Johnny Radziul, Kathleen Hatchett, and Billy
Bunch were sworn in by Assistant Police Chief O'Rourke.
CITY MANAGER REPORT
Issues & Priorities The City Manager reported the City's financial rating had been
improved to a AA1 rating; Police Benevolent Association
Bargaining Unit for Officers and Dispatchers had voted to ratify the
contract that had been offered; IAFF and Federal Mediation
Conciliation Service had trained staff on a win -win negotiation
bargaining technique; Tanglewood Apartments had agreed to take
care of major violations after working with the Community
Response Team of Code Enforcement and Fire; and the City was
working with the Health Department regarding rodent problems
brought on by recent rains and canal work. The City Manager
reported that in the absence of the Mayor, Vice Mayor Furtado had
participated in a mock hurricane drill. City Manager Herakovich
explained that Seacoast Utilities was working with the contractor
for sewer improvements in Plat 4. The City Manager reported the
second year's NPDES compliance report had been completed. The
City Manager commented the Carty was negotiating with the County
• regarding the District park, and suggested that an elected official
CITY COUNCIL REGULAR MEETING, 7/1/99 2
• participate in those negotiations and any negotiations where an
elected official from another jurisdiction was involved.
Vice Mayor Furtado made a motion that the Mayor participate in
any negotiations with the County. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote.
The City Manager reported staff had attended a meeting with DOT
regarding Northmil Plaza. City Engineer Lindahl reported the issue
had been the re- opening of the permit which had been issued for the
pedestrian walkway across the Military Trail entrance, and re-
design of the median cut, and that the conclusion had been
favorable. Mayor Russo reported he and Mr. Lindahl had met with
Mr. Shalloway of Northern Palm County Water Improvement
District and discussed traffic performance standards and
concurrency and the possibility of a joint planning meeting with
WCI . Outstanding issues of the forbearance agreement were
discussed. A meeting with WCI was scheduled for July 15. Mayor
Russo commented staff had been directed to reconsider this year's
and the next two year's budget to try to reduce taxes.
40 Construction Manager Report The Construction Manager reported steady progress in spite of
recent rains and requested two change orders in regard to safety
issues. Completion of the Fire Station was expected in September;
progress on the Police Station was reported, The banding color
was discussed, and matching the arches on the Police Station and
City Hall.
Councilman Clark made a motion to approve Change Orders No.
00030 and 00042. Vice Mayor Furtado seconded the motion,
which carried by unanimous 5 -0 vote.
TV /Cable Franchise
Agreement Update Carty Attorney Post responded to questions regarding the report on
the TV /Cable Franchise Agreement. Mayor Russo reported another
cable company was interested in coming into the City, which would
provide competition.
AWARDING OF BIDS
Y2K Hardware & Software
• Testing & Remediation Councilman Clark made a motion to approve the staff
CITY COUNCIL REGULAR MEETING, 7/1/99 3
• recommendation to award the bid for Y2K Hardware & Software
Testing & Remediation to AMS Technology Group, Inc., in the
amount of $27,863. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
Purchase of CAD, Mobile
Data Computing and City
Wide Telecommunication Councilman Clark made a motion to approve the staff
recommendation to piggyback off the City of West Palm Beach bid
to purchase CAD, Mobile Data Computing and City Wide
Telecommunication from Total Data Solutions in the amount of
$1,077,488.09. Vice Mayor Furtado seconded the motion, which
carried by unanimous 5 -0 vote.
Laser Imaging System Councilman Clark made a motion to approve the staff
recommendation to piggyback off a State contract to purchase a
Laser Imaging System from IKON in the amount of $154,379 .
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
• Councilman Clark made a motion to reconsider the motion to
award the bid for the purchase of CAD, Mobile Data Computing
and City Wide Telecommunication. Councilman Jablin seconded
the motion, which carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve the staff
recommendation to piggyback off City of West Palm Beach bid to
purchase CAD, Mobile Data Computing and City Wide
Telecommunication from Total Data Solutions in the amount of
$1,077,488.09, and to authorize the Mayor to enter into a contract
for same. Councilman Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
Councilman Clark made a motion to reconsider the motion to
award the bid for the purchase of a Laser Imaging System Vice
Mayor Furtado seconded the motion, which carried by unanimous
5 -0 vote.
Councilman Clark made a motion to approve the staff
recommendation to piggyback off a State contract to purchase a
Laser Imaging System from IKON in the amount of $154,379, and
to authorize the Mayor to enter into a contract for same. Vice
• Mayor Furtado seconded the motion, which carried by unanimous
• CITY COUNCIL REGULAR MEETING, 7/1/99 4
5 -0 vote.
The resignation of the City's MIS Manager was discussed.
COMMENTS FROM THE
PUBLIC
Julia Bird Mayor Russo read aloud a comment card from Julia Bird
questioning the current status of a traffic light at Military Trail and
Gardenia Avenue. It was reported the light had been approved by
the County, that BallenIsles was responsible for the cost, and that
the light was expected to be operational by the end of the year.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The
motion was seconded by Councilman Jablin, which carried by
unanimous 5 -0 vote. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of City Council 6/17/99 Regular
Meeting.
2. Proclaiming July, 1999 as Recreation and Parks Month.
• 3. Resolution 68, 1999 - Consideration of Approval of a Grant
Agreement with Palm Beach County and the City for the
Development of Lake Catherine Park.
4. Resolution 84, 1999 - Consideration of Approval to Issue
$3,700,000 in General Revenue Bonds.
5. Resolution 85, 1999 - Consideration of Approval of Proposal
for Engineering Study for Stormwater Utility Program.
PUBLIC HEARINGS
Resolution 72, 1999 Mayor Russo declared the public hearing open, duly advertised
6/7/99, postponed from the 6/17/99 Regular Meeting, and held on
the intent of Resolution 72, 1999 - Consideration of Approval of a
Sign Variance for Gardens Park Plaza. There were no comments
from the public.
Councilman Jablin made a motion to continue Resolution 72, 1999
to the 7/15/99 Regular Meeting of the City Council. Vice Mayor
Furtado seconded the motion. Motion carried by unanimous 5 -0
vote.
Ordinance 25, 1999 Mayor Russo declared the public hearing open, duly advertised
• 6/2/99, postponed from the Regular Meeting of 6/17/99, and held
on the intent of Ordinance 25, 1999 - Providing for Amendment to
CITY COUNCIL REGULAR MEETING, 7/1/99 5
the Palm Beach Gardens Code of Ordinances by Adding Sections
110 -1, Definitions, and Amending Sections 110 -3, Section 110 -4,
Section 110 -36, Section 110 -37, Section 110 -38, and Section 110-
39; providing for Code Revisions to Allow for Definitions,
Maximum Flag Pole Height and Flag Area, Sign Lighting
Mechanism Restrictions, Non - conforming Sign Exemptions, Side
Property Line Setback Exemptions, Clarification of Height and
Area Restrictions for Wall Signs, providing for Maximum letter
heights, and Transferring Responsibility for Processing Sign
Variance Applications from City Clerk to Growth Management
Department - for consideration of Second Reading and Adoption.
There were no comments from the public.
Councilman Clark made a motion to approve Amendment I to
Ordinance 25, 1999. Councilman Jablin seconded the motion.
Motion carried by unanimous 5 -0 vote.
Vice Mayor Furtado made a motion to place Ordinance 25, 1999,
on second and final reading, by title only, and for adoption.
Councilman Jablin seconded the motion. Motion carried by
• unanimous 5 -0 vote. The City Clerk read Ordinance 25, 1999 on
Second Reading by Title Only.
RESOLUTIONS
Resolution 75, 1999 Ann Booth, Urban Design Studio presented the petitioner's plan,
and stated petitioner agreed to the conditions.
Councilman Clark made a motion to approve Resolution 75, 1999 -
Consideration of Approval of BallenIsles Grand Palm Estates,
Parcel 8b, Entry and Signage with insertion of an additional
condition in Section 3 that the palms that are to be planted as part
of the sign feature shall be Royal Palms. Councilman Jablin
seconded the motion. Motion carried by unanimous 5 -0 vote.
Resolution 76, 1999 Councilman Sabatello stepped down due to conflict of interest. Mr.
Ted Sabatello, the petitioner's representative, presented the
petitioner's plan.
Councilman Jablin made a motion to approve Resolution 76, 1999 -
Consideration of Approval of BallenIsles Parcels 20 A/B Entry
Signage/Fountans/Elevations. Vice Mayor Furtado seconded the
motion. Motion carried by unanimous 4 -0 vote, with Councilman
Sabatello abstaining for reasons stated.
CITY COUNCIL REGULAR MEETING, 7/1/99 6
Resolution 77, 1999 Councilman Sabatello rejoined the Council. Chip Carlson,
representative for the petitioner, presented the petitioner's request
to change the blue to red on their trademark sign. A majority of the
City Council members favored red script on the wall signage, and
a brass monument sign with block letters. Petitioner was directed
to bring color samples and staff was directed to assure the color
samples for the monument sign were similar to those of
Wackenhut. The petitioner would place an "at risk" temporary sign
until a permanent sign was approved by the City, for the opening of
the hotel.
Resolution 79, 1999 City Manager Herakovich introduced new Principal Planner Steve
Cramer, who presented the Northlake Boulevard Landscape Plan.
Vice Mayor Furtado made a motion to approve Resolution 79,
1999 - Consideration of Approval of Northlake Boulevard
Landscape Plan. Councilman Clark seconded the motion. Motion
carried by unanimous 5 -0 vote.
Resolution 80, 1999 Councilman Clark made a motion to approve Resolution 80, 1999,
• Consideration of Approval of Appointment of Member to the
Northlake Boulevard Task Force, with the name of Steve Cramer,
Principal Planner, inserted in the blank in Section I. Councilman
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
REPORTS BY MAYOR AND
COUNCIL
Mayor Russo Mayor Russo commented he had attended an Eastward Ho!
Meeting, and reported that program may be replaced by the
Governor's proposed Front Porch Program, for which funding
would be available. Mayor Russo suggested the City might enter
into a program similar to a Delray Beach program whereby Code
Enforcement dollars went into a fund to make loans for upgrading
properties to residents who were financially unable to keep up their
properties. Mayor Russo reported he had spoken at a Palm Beach
Business function, and had been told the County was going to pass
a strict false alarm policy. An individual had expressed concern
that work had stopped on the Earman River.
Vice Mayor Furtado The Vice Mayor presented ideas for streamlining the RFP process,
to which Finance Director Olson responded. The Waste
. Management franchise fees for a separate contract which had not
been collected were discussed. The Vice Mayor requested staff
CITY COUNCIL REGULAR MEETING, 7/1/99 7
research other contracts to assure that all franchise fees were
collected. Finance Director Olson expressed his opinion that the
RFP process was sufficient, and changes should not be made before
making a decision regarding waste management.
Councilman Sabatello Councilman Sabatello verified with the City Manager that items on
issues and priorities for which reports had been requested had not
been forgotten, but that more time was needed for some items and
requested due dates be updated. A possible update of the details of
the City's crest was discussed. It was suggested that a sketch be
presented for consideration. City Manager Herakovich reported the
RFP for an artist the City's crest was ready to be advertised.
Vice Mayor Furtado The Vice Mayor requested that a study regarding privatization be
placed on issues and priorities, as well as replacing current grant
writers who were not performing well and that the Carty be more
aggressive with grant writing.
Mayor Russo Mayor Russo requested when items were done that they be
removed from the issues and priorities list.
• City Manager The City Manager suggested that in the future, agenda :items
"Reports by Mayor and Council ", "Items for Council Action ", and
"Items for Discussion" be combined into one item to be placed at
the agenda and discussed at 11:00 p.m. if unable to discuss earlier.
• CITY COUNCIL REGULAR MEETING, 7/1/99 8
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jabin, seconded by Councilman Clark, carried 5 -0, the
Wwas d at :10
APPROVAL:
RUSSO
COUNCILMA N
ATTEST:
64 KOSIER, CMC, CITY CLERK
MID CLARK
SABATELLO
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I ASI \AMI I INN I ♦ NMI MII)I)I I %AMF NAME OF MOARD. C'OUN(' . C'OMMISSIO.%. AU I Ht)RIl Y.OR C'OMMi'tIEE
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NAME OF POLITICAL SUBDIVISION:
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MY POSITION IS
J' ELECnVE
WHO MUST FILE FORM 88
O .APPOINTIVE
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 :ompletine ;he .rc%erge'side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elect ite;ount,. municipal. or other local public office MUST ABSTAI` from %oting on a measure which inures
to his special pris'ate gain. Each local officer also is prohibited from knox ingly voting on a measure which inures to the special
gain of a principal (other than a goternmen( agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE COTE BERG TAKEN b. publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from %'oting; 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 pri%'ate 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 %IAKE .ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETiNG AT WHICH
THE VOTE WILL BE TAKEN:
f• You should complete and file this form (before making any attempt to influence the decision) with the person responsible `or
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 he read publicly at the meeting prior to consideration of the matter in which you have a .-ontlict of interest.
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IF YOU MAKE 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.
/I (� DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. L % #eL V /4 Big ��L L!� , hereby disclose that on y Ly 19
(a) A measure came or will come before my agency which (check one)
urcd to my special private gain; or
inured to the special gain of . by whom 1 am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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Date Filed
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Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR .MORE OF THE FOLLOWING:
IMPEACHMENT, RE.%vIOV.-NL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S3.000.
" FORM "- 1.91 PAGE 2