HomeMy WebLinkAboutMinutes Council 0805995
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
AUGUST 5, 1999
The August 5, 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 expressed disappointment that many residents would
• be lost due to relocation of Pratt Whitney. The Mayor expressed
sadness that City Manager Herakovich would be leaving the City
and relocating in the not too distant future, and praised her
accomplishments during the past six years. The City Manager
announced she was giving the City 120 days notice in accordance
with her employment agreement and that she would be relocating
for family reasons. City Manager Herakovich reported items
which had been accomplished since she began work with the City
six years ago, and stated none of those accomplishments would
have been possible without a team effort by past and present City
Councils, staff, and residents. The City Manager commented it was
very difficult to leave, thanked the City Council for allowing her to
serve the City , and assured a smooth transition and continued
quality of service to the residents. It was the consensus of the City
Council that Mr. Slavin be retained as quickly as possible to
perform a national search for City Manager candidates.
PRESENTATIONS
Toughest Cop Award Officer Jay Wilbur was presented the award for "Toughest Cop" by
Police Chief FitzGerald.
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CITY COUNCIL REGULAR MEETING, 8/5/99 2
CITY MANAGER REPORT The City Manager reported that the City was a finalist in the Three
CMA Savvy Awards for the visioning program, which was a great
honor to those who had participated in the visioning program.
Loxahatchee River Management Coordinating Council had voted
to request that the City of Palm Beach Gardens designate a Council
member as a member of their organization. City Manager
Herakovich announced August 25 would be bid opening for designs
for a City sign. The City Manager reported she and Councilman
Jablin had attended a meeting of the NAMAC Coordinating
Council and would be working with other communities on an
agreement regarding communications and dispatch for North
County. Mayor Russo commented that the departure of Pratt
Whitney would not be taken lightly and that the City would do
everything possible to get them to consolidate in this area instead
of Connecticut, including traveling to Connecticut to meet with
Pratt Whitney officials.
Construction Manager Report The Construction Manager reported the architect's estimate of
project cost had been approximately $2,000 higher than actual cost.
The Construction Manager reported that the project was very close
to being back on schedule, and that the Fire Department was very
close to being finished and should be occupied in September.
Logistics of moving from the present buildings were discussed. A
light fixture was presented for approval. After budget concerns
were expressed, a representative from Lighting Dynamics explained
that the light fixture was an architectural grade in a competitive
price range, and that using single lights with higher wattage instead
of double lights would bring the price closer to budget. It was the
consensus of the City Council to choose the single light fixture with
a decision on the color to be made at the next meeting. Concern
was expressed that staff not be moved twice, and the Construction
Manager explained that underground drainage would be a problem
during moving, but every effort would be made not to relocate staff
twice during the move. Change orders presented were discussed,
and the consensus of City Council was that they did not agree with
change orders numbers 47, 60, 67 and 83.
Councilman Clark made a motion to approve Change Order No. 9.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Is Councilman Clark made a motion to approve Change Order No. 2.
CITY COUNCIL REGULAR MEETING, 8/5/99
3
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
AWARDING OF BIDS
Telephone System Staff responded to questions from the City Council regarding the
proposed telephone system.
Councilman Clark made a motion to approve the staff
recommendation to piggyback from the Broward County Contract
to obtain a Nortel PABX Telephone System from BellSouth in the
amount of $177,399.03. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
Solid Waste, Vegetation
and Recycling Mayor Russo stated he had a conflict of interest regarding this item
and would therefore step down and fill out the proper forms. City
Attorney Post discussed procedure as required by the City Charter,
and provided guidance for the City Council in making a decision.
Staff explained the process which had been followed regarding the
RFP, and responded to questions and comments from members of
the City Council. Opinions were expressed by two members of the
City Council that the 'RFP had not been written properly. Two
. members felt the low bidder was not qualified and they favored
Waste Management. The City Attorney advised that it had been
discovered during the RFP process that any franchise must be done
by ordinance, explained that there was sufficient time for the City
to grant this franchise by ordinance, and that an ordinance would
not have important bearing on awarding a bid at this meeting.
Councilman Clark made a motion to approve the staff
recommendation to enter into a contract with Waste Management
for vegetative, recycling, and solid waste collection in the amount
of $1,089,456.00. Councilman Jablin -seconded the motion.
Councilman Sabatello stated he would vote against the
recommendation because he believed if a bidder satisfied the RFP
they met the qualifications and he could not look at the $1 million
savings which would be realized by choosing the low bidder as
small, and therefore could not vote for Waste Management. Vice
Mayor Furtado stated she could not support the motion because she
believed the RFP had not been done properly. Motion tied by 2 -2
vote. The City Attorney advised if there was complete impasse
with no further motions then staff must be given direction on how
• to proceed with the RFP; and because a contract was expiring, the
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CITY COUNCIL REGULAR MEETING, 8/5/99
4
fast order of business would be to direct the City Manager to make
accommodations to ensure continuous waste collection through a
time extension or amendment to the existing contract.
Councilman Jablin made a motion to reject all bids and extend the
current contract with the present vendor at the present rate if the
present vendor would be interested in doing so. Councilman Clark
seconded the motion. The City Attorney advised that the City
Council could reject all bids and could direct the City Manager to
negotiate an amendment to the present contract. Councilman Jablin
clarified that he wanted the present rates for a 5 -year term. Finance
Officer Olson responded to questions from Vice Mayor Furtado
regarding billing. The City Attorney advised that options other than
rejecting all bids were available. The vote on the motion tied 2 -2.
The City Manager advised that there was the ability to bring this
item back at the next meeting at the same time as first reading.
Councilman Sabatello made a motion to give the City Manager
authority to meet with Waste Management to negotiate an extension
of the existing contract for a period not to exceed six months.
Councilman Clark seconded the motion, which carried 4 -0.
Criteria for an RFP for waste disposal and direction to the City
Manager was discussed. The City Manager was given direction to
negotiate a contract with the current waste removal provider for no
longer than six months at the current rate. Mayor Russo
recommended that the renegotiation and the awarding of bids be
placed on the agenda for the next meeting. A workshop to discuss
policy versus administrative duties was recommended by the City
Manager. It was the consensus of the City Council that assurance
of continued service would be addressed at the next meeting and if
a contract had been nVotiated then the time period for an RFP
would be known and the criteria for the RFP could then be
discussed.
COMMENTS FROM THE
PUBLIC
Zola Hartman Zola Hartman commented work done on because of the flood had
made Riverside Drive look like a war zone, and had been
unnecessary since the solution for flooding was an automatic sensor
to automatically open the gate in rare occasions when there was a
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CITY COUNCIL REGULAR MEETING, 8/5/99
5
flood; and stated that vegetation along the canal had been removed
unnecessarily which would create far worse problems. Habitat for
birds and animals and the bottom of the Thompson River had been
destroyed, and her enjoyment of canoeing, bird watching, and
fishing had been destroyed. Quality of life had been destroyed for
the children who formerly fished and skipped rocks because of the
now slippery banks with no shade and no habitat for fish to survive.
Mrs. Hartman protested against the $250 per day fine whichwould
have been levied if they had not cleared their bank of plants during
a weekend. Mrs. Hartman requested the work be stopped until a
neighborhood meeting could be held as promised by the City. The
Vice Mayor stated that several months ago Mrs. Hartman had
offered to work with the City on this issue and was sorry that had
not happened. Councilman Jablin requested the Code Enforcement
Board not levy fines for this issue.
Mack Foster Mr. Foster provided photographs of the Thompson River, stated he
had written several letters regarding dredging the canal, and had
been assured by the Mayor that this job would be completed two
years ago. Mr. Foster commented all he had wanted was the canal
to be dug deeper, not to have vegetation torn down. Mr. Foster
explained that one of the residents had wondered if residents would
be reimbursed for landscape improvements which had been
destroyed; and another question that had arisen was since the City
had abandoned the canal right -of -way for 20 years by not
maintaining it whether the residents had squatters rights. Mr.
Foster questioned whether an environmental audit had been
required before the vegetation had been removed. Mr. Foster
provided a list of questions for the City Council, and was assured
that a report would be provided and a neighborhood meeting would
be held.
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CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda with the
exception of item 3, which was requested to be pulled from the
consent agenda by Vice Mayor Furtado. 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 6/24/99 Budget
Workshop.
2. Approval of Minutes of Regular City Council Meeting of
6/24/99,.
CITY COUNCIL REGULAR MEETING, 8/5/99 6
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4. Awarding of Bid for Window Treatment.
5. Awarding of Bid for Auctioneering Services.
6. Resolution 91, 1999 - Consideration of Approval to Express
Council's Declaratory of Intent to Reimburse Certain Original
Expenditures.
7. Resolution 92, 1999 - Consideration of Approval of a
Uniform Traffic Control Agreement between the City and
Lexington Green Condominium Association.
8. Resolution 93, 1999 - Consideration of Approval of
Amendments and Modifications to Resolution 166, 1996 and
Resolution 84, 1999, to the City's General Obligation Bonds,
Series 1999.
9. Resolution 94, 1999 - Consideration of Approval to Support
Palm Beach County Ordinance Pertaining to Discharge of
Firearms and Firearm Sales in Palm Beach County.
•
Item 3 - Awarding of Bid for a Fire Engine which had been pulled
from the Consent Agenda was discussed. Concern was expressed
that the RFP might have been written only to fit a top of the line
model when a less costlier model might have been sufficient. Staff
explained why this model had been chosen.
Councilman Clark made a motion to approve the staff
recommendation to award the bid for a fire engine to Pierce
Manufacturing, Inc., in the amount of $270,189 by piggybacking
the Cedar Hammock Fire Control District Bid. Councilman Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
PUBLIC HEARINGS
Notice of Proposed Change -
Regional Center DRI Mayor Russo declared the public hearing open, duly advertised
6/2/99, postponed from the Regular Meeting of 6/17/99 and
7/15/99, and held on the intent of Notice of Proposed Change -
Regional Center DRI Use Conversion. There were no comments
from the public.
Vice Mayor Furtado made a motion to continue the public hearing
for Notice of Proposed Change -- Regional Center DRI Use
Conversion to the 9/2/99 Regular Meeting of the City Council.
Councilman Clark seconded the motion. Motion carried by
unanimous 5 -0 vote.
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CITY COUNCIL REGULAR MEETING, 8/5/99
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Ordinance 30, 1999 Mayor Russo declared the public hearing open, duly advertised
7/21/99, and held on the intent of Ordinance 30, 1999 - Providing
for Amendments to the Palm Beach Gardens Code of Ordinances
by Adding Sections 78 -2, 114 -9, 114 -36, 114 -42, and 114-43 re:
Subdivisions- for consideration of Second Reading and Adoption.
There were no comments from the public.
Councilman Clark made a motion to approve and adopt Ordinance
30, 1999 on Second Reading by Title Only. Councilman Jablin
seconded the motion. %Motion carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 30, 1999 on Second Reading by Title
Only.
Ordinance 31, 1999 Mayor Russo declared the public hearing open, duly advertised
7/21/99, and held on the intent of Ordinance 31, 1999 - Providing
for Amendments to the Palm Beach Gardens Code of Ordinances
by Adding Sections 118 -38, 118 -39, 118 -42, 118 -43, 118 -45, 118-
48, 118 -50, 118 -213, 118 -214, and 118 -473 re: Zoning:
Development Review Process - for consideration of Second
Reading and Adoption. There were no comments from the public.
Councilman Clark made a motion to approve Amendment -1 to
Ordinance 31, 1999. Councilman Jablin seconded the motion.
Motion carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve and adopt Ordinance
31, 1999 as amended on Second Reading by Title Only.
Councilman Jablin seconded the motion. Motion carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 31, 1999 on
Second Reading by Title Only.
Ordinance 32, 1999 Mayor Russo declared the public hearing open, duly advertised
7/21/99, and held on the intent of Ordinance 32, 1999 - Providing
for Annexation of .33 Acres of Land into the City, Generally
Located on the South Side of Idlewild Road; 1/4 Mile East of
Prosperity Farms Road- for consideration of Second Reading and
Adoption. There were no comments from the public.
Councilman Clark made a motion to postpone Ordinance 32, 1999
to the Regular Meeting of 8/19/99.. Councilman Jablin seconded
the motion. Motion carried by unanimous 4 -0 vote.
CITY COUNCIL REGULAR MEETING, 8/5/99
RESOLUTIONS
Resolution 70, 1999 Principal Planner Kim Glas Castro advised that staff - recommended
denial of Resolution 70, 1999 - Consideration of Approval of a
Waiver for Parcel 12.04 N.E. Northlake Boulevard and MacArthur
Boulevard Mixed Use Waiver. Representative Henry Skokowski
spoke on behalf of the petitioner. Comments by the City Council
favored non-residential for this parcel and parcel 12.05. It was the
consensus of the City Council to make appropriate changes to
Resolution 70, 1999 and to place this Resolution on the Consent
Agenda for the next meeting with the agreement of the petitioner;
or if the petitioner did not agree with the changes, to place
Resolution 70, 1999 on the next agenda as a Resolution..
Resolution 71, 1999 It was the consensus of the City Council to place Resolution 71,
1999 - Consideration of Approval of a Waiver for Parcel 12.05
N.W. Northlake Boulevard and MacArthur Boulevard Mixed Use
Waiver, on the Consent Agenda for the next meeting with the
agreement of the petitioner; or if the petitioner did not agree with
the changes, to place Resolution 71, 1999 on the next agenda as a
Resolution.
Resolution 83, 1999 Presentation of Resolution 83, 1999 - Consideration of Approval of
Site Plan for Stainsafe, was made by the petitioner.
I
Councilman Clark made a motion to approve Resolution 83, 1999.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 96, 1999 Staff recommended approval of Resolution 96, 1999 -
Consideration of Approval of an Amendment to the Regional
Center PCD re: Open Space.
ORDINANCES
Ordinance 37, 1999
Councilman Clark made a motion to approve Resolution 96, 1999.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 37,1999 - Providing for Amendment to Article III of the
Palm Beach Gardens Code of Ordinances Entitled "Police Officers
Retirement Trust Fund" for Consideration of First Reading.
• Councilman Jablin made a motion to place Ordinance 37, 1999 on
CITY COUNCIL REGULAR MEETING, 8/5/99
9
First Reading by Title Only. Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 37, 1999 on First Reading by Title Only.
ITEMS FOR COUNCIL
ACTION
Purchase of Double Rainbow
Sculpture Mr. David Porter, Co -Chair of the Art Advisory Committee,
explained that the funda for purchase of this sculpture would come
from the Art Fund. It was the consensus of the City Council that
the price was too high for this piece of art at this time, since the art
funds would be needed to provide art at the new District Park.
ITEMS FOR DISCUSSION
1999/2000 Fiscal Year Budget Vice Mayor Furtado questioned the number of personal computers
budgeted under MIS, to which the City Manager responded that a
master plan was followed, that parts were used for repairs, and that
computers no longer used must be available for auction. Staff
reviewed the additional personal computers that would be needed
during the next year which had been budgeted. The City Manager
explained that the amount budgeted in the general operating fund
could be assessed to the bond fund because it would be equipping
a new building. The Vice Mayor questioned the status of and what
the Public Information Department intended to accomplish during
the next year, to which Public Information Officer Beth Ingold Love
responded that a marketing/information plan was needed but would
take time because of lack of staff, new staff members needed to
learn the existing software, 25 -50 complaints were received each
month, and a new communications plan was in progress . A
meeting with the City Council and City Administration staff was
suggested.
CITY ATTORNEY REPORT City Attorney Post reported that the City was no longer under
Federal jurisdiction as a result of the case U.S.A. v. City of Palm
Beach Gardens.
Discussion regarding whether to meet with the Town of Lake Park
was delayed until the next meeting.
CITY COUNCIL REGULAR MEETING, 8/5/99 10
ADJOURNMENT
APPROVAL:
There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the
COUNCILMAN DAVID CLARK
COUNC gvbklq CARL SABATELLO
ATTEST:
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X�D':K�OSIER, C C, CITY CLERK
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FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
W 1.AMI 1 IRS 1 ♦ NMI MINI 1 NAME NAM[: OF BOAR0 COON( II . ('OMM11ti10N, AU I HOKII Y.OR ('OMMI'IiEE
M -\11 INt. x1)11R1 ss I HE ROAR ), COUNCIL. COMMISSION. AUI HORIiI OR COMMMEE ON
/05Do /1/ . /V'( // ,� / l fy'I WHICH
' N SERVE O COUNTY, O O OTHER LOCAI. AGENCY
CI IY C'Ol N lY
NAME OFF POLITiCAL SUBDIVISION:
el /Y of 4 2 ,gz Awo6,1 -S'
DATE OK WHICH VOIF(X•CI'RRFI) MY P6srrioN IS
e✓ECTIVE O APPOINTIVE vGVsT S /999
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 113133. 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 t he'inst ruct ions on this form
before completing he re%crce 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 ABSTAIN from ,oting 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 VOTE BEING TAKEN b\ publicly stating to the aswrnbly the nature of }our 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 contlict 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 ATTENIPT 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 ,huuld be provided immediately to the other members of the agency.
• The form ,hould be read publicly at the meeting prior to consideration of the matter in which you have a contlict of interest.
t F �. �It%A .R n >,4.[
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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 ftle.it within I5 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
(, �.iDSE/pf✓ / USSp , hereby disclose that on 141,16:-11 S7- —5 19 y
(a) A measure came or will come before my agency which (check one)
inured to my special private gain, or
inured to the special gain of it ��✓ l m 1 `'C_ . by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
A,
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Date Filed
4.
NOTICE: UNDER PROVISIONS OF FLORIDA STATL:TES $112.317 (1985). A FAILLRE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR (ORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 35,000.
CE FORM 88 . 1 41 PAGE 2