HomeMy WebLinkAboutMinutes Council 111496CITY COUNCIL
SPECIAL REGULAR MEETING
NOVEMBER 14, 1996
The November 14, 1996, Special Regular Meeting of the City
Council of the City of Palm Beach Gardens, Florida, was called to
order at 7:30 P.M. in the Council Chambers of the Municipal
Complex located at 10500 North Military Trail, Palm Beach
Gardens, and began with the Pledge of Allegiance to the Flag.
ROLL CALL The Deputy City Clerk called the roll and the following elected
officials were found to be in attendance: Mayor Joseph Russo,
Vice Mayor Lauren Furtado, Councilwoman Linda Monroe,
Councilman Eric Jablin and Councilman David Clark.
DISCUSSION TO
REORDER AGENDA Mayor Russo stated that he received a telephone call from Rick
Rhodes of the firefighters union who asked to be allowed to speak
this evening. Mayor Russo stated he only wanted to hear potential
solutions. Vice Mayor Furtado stated that she had no problem if it
would help facilitate a solution to current problems.
Councilwoman Monroe stated that Council had given direction to
the City Administration and that is where the bargaining should be
done. If a majority of the Council chose to let Mr. Rhodes speak,
then Councilwoman Monroe felt that anyone else in the audience
that wanted to speak should be given the opportunity. Councilman
Clark stated that direction has been given to City management that
they are the City's bargaining representatives, and that he did not
see where letting Mr. Rhodes talk would help negotiations.
Councilman Clark was not in favor of having any discussions this
evening. Councilman Jablin stated he wanted no discussions, but
was willing to listen to something that was new or productive.
Mayor Russo stated he did not have a problem listening to what
Mr. Rhodes had to say, but wanted to hear a direction for a plan of
action to solve problems.
Vice Mayor Furtado made a motion to hear comments by Mr.
Rhodes under the City Manager's Report. The motion was
seconded by Councilman Jablin and unanimously carried.
ITEMS FOR COUNCIL ACTION
Pepsi -Cola Contract City Manager Herakovich stated that the contract before the
Council was an amended contract and staff recommended
approval Councilwoman Monroe stated she did not have a
problem with Pepsi advertising and having their supplies every
place, but had a problem with local government having a machine
that could only sell Pepsi products. Councilwoman Monroe
questioned how many teen dances per year Pepsi would sponsored
and asked that the number per year be included in the contract.
Councilwoman Monroe questioned the responsibility of the City
and that of Pepsi if they did not live up to their end of the
agreement and asked that the contract be amended for clarification.
Councilman Clark stated that paragraphs 5B and 5D were
duplicative and directed that 5D be deleted and the following
language added to 5B: "Account shall pay Pepsi a pro rata portion
of the amount Pepsi has invested in the purchase of the scoreboards
and thereafter the 13 scoreboards shall become the property of the
Account."
It was the consensus of the City Council that the contract be
amended and brought back to the City Council for consideration of
approval at their next meeting.
ITEMS BY MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado reported on the meeting of the Recreation
Advisory Board meeting, where the possibility of background
checks being discussed. Vice Mayor Furtado stated that she spoke
to the President of the YAA and he too agreed with the direction to
have background checks done on those individuals working with
children. Vice Mayor Furtado stated that the amendment to the
ordinance regarding the Recreation Advisory Board needed to be
passed so that interviews for members could begin. The Board was
one member short of a quorum at the last meeting. City Manager
Herakovich stated she has asked for an attendance sheet from that
Board so that if one member was consistently not attending they
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could be replaced. Vice Mayor Furtado stated she would assist
finding a funding source that would be required by the amendment
to the ordinance.
Vice Mayor Furtado asked the City Attorney for a copy of the
federal statute regarding FCC regulations for CB radios.
Mayor Russo Mayor Russo updated the Council on school concurrency and the
one -cent sales tax issue, stating that the issue should be on the
March or May ballot. Mayor Russo stated there are many meetings
going on regarding this issue and both sides were still far apart on
agreeing on certain aspects of this issue. Mayor Russo stated he
would like to see the City support Charter school districts. The
Council discussed the pros and cons of Charter schools and how
that system could work.
ITEMS FOR DISCUSSION
Gardens Plaza Covered
Parking Rich Walton, Planning and Zoning Director, stated staff had issues
that needed Council direction prior to moving forward. The agent
for Mutual Life Insurance Company, owner of Gardens Plaza, was
Hank Skokowski. They are requesting an amendment to the PUD
to allow one vinyl awning structure for 13 parking spaces in the
rear of the property. The number of spaces being requested for
covered parking are S% of the total number of parking spaces and,
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therefore, met the 5% requirement of the City's ordinance.
However, these covered spaces are proposed to be located in the
area that the future parking garage would be located and staff
would like a time limit for the location of these temporary covered
parking spaces. Mr. Walton stated that while the last petition for
covered parking spaces included landscaping of the median, this
petition did not. Mr. Walton discussed the proposed landscape
plan, stating that one live oak tree would be removed. Mr. Walton
stated that while there is lighting proposed underneath the covered
parking structure, the plan would have to meet the City's Codes.
Mayor Russo stated that the previous petition requested 32 covered
parking spaces, but the City Codes did not allow the petitioner to
request more than 13 spaces. Mayor Russo felt it was a problem
that the petitioner was not in compliance with the City's landscape
codes and stated that would have to be done.
Vice Mayor Furtado stated her concerns that the landscaping at this
development had not been done and felt that this would have to be
done in order to consider the current petition.
Mayor Russo stated that he agreed that the landscaping had to be
brought into compliance before a permit was given for the covered
parking structure.
Councilwoman Monroe, Councilman Clark and Councilman Jablin
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also agreed that the proposed petition could not be considered until
the project's landscaping was brought into compliance.
Missing Sidewalk Links City Manager Herakovich stated this was the first time the City
Council has had the opportunity to review the information done by
the staff mapping efforts. The report identified sidewalks that were
missing throughout the City.
Staff pointed out different neighborhoods that had missing
sidewalk links. Vice Mayor Furtado pointed out that she had
requested a sidewalk along Burns Road in the past and stated again
that it was important to get this area done because the widening of
Burns Road would severely impair this area for children going to
the Community Center and to and from school. Vice Mayor
Furtado stated that she learned from the MPO that in order to get
matching funds, the main issue for sidewalks had to be safety;
therefore, in prioritizing the areas that needed sidewalks, safety
factors should be considered.
Councilwoman Monroe stated she would like to hear from the
Police Department regarding areas that were considered by them to
be unsafe because of missing sidewalks.
Councilman Clark stated that maps presented were incomplete for
the areas of PGA National and Ballenlsles. It was pointed out that
a volunteer was assisting Planning and Zoning for those areas and
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that they have not be completed as of this date. The Council asked
that County sections be included on the map so that it could be
determined what was missing in the City as opposed to the County.
Councilman Clark stated it would be helpful to see the sidewalks
in Ballenlsles so the Council could see the benefit of their effort in
requiring the developers to include sidewalks.
City Manager Herakovich stated that staff would provide the City
Council with a list of street names that needed sidewalks so that
they could prioritize those areas that needed to be done first.
Councilwoman Monroe suggested that staff include an article in
the next CityLine about planting in swales, etc.
City Manager Herakovich introduced the new Community Affairs
Specialist, Beth Ingold to the City Council.
1995/1996 Goals and
Objectives City Manager Herakovich displayed the 1995/1996 Goals and
Objectives that were set by the City Council last year regarding
work to be done. City Manager Herakovich stated that the City
also put on a bond referendum and charter amendment referendum
and experienced a storm that used a lot of staff resources. City
Manager Herakovich reviewed each goal and objective and pointed
out those that were completed. One of the major objectives was to
have the bond referendum and charter amendments, which
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included the purchase of the Westminister Church site. This
objective will be completed this spring when the church vacates the
property and the sale is completed. The site was still being
designed for the new municipal complex. Mrs. Herakovich
updated the City Council on meetings that have taken place with
the architects for the new complex and the improvements being
done to the modulars. Mrs. Herakovich suggested a bus trip for the
City Council to view several municipal complex designs in the area
so that they could have more information when approving a design
for the City's municipal complex. Mrs. Herakovich stated staff
was prepared to bring a mission statement to the Council for their
consideration. Evaluation of level of service was completed and
infrastructure evaluation was part of the vision effort. The
proposed adoption of a strategic plan will be finalized when the
City Council approves the Visioning document. The revision of
the Merit System has been progressing and will be brought to the
City Council for consideration in the near future. The assessment
of the organizational structure has been progressing. Progress in
this area was the hiring of the Community Affairs Specialist and
the development of the community informational guide. The
business survey has been completed and is currently being
compiled by the Dwyer Academy of Business and Finance magnet
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as a volunteer project. A preliminary report was done regarding
the organizational structure and was reviewed by the City Council,
and if the Council desires, some of the suggestions contained in
that report will be approved by the City Council. Staff presented
an in -house engineering department was presented to the City
Council during the budget sessions and it was decided it would be
a transitional process. Staff also looked at compliance issues,
where it was working and where it was not, and some procedures
have been put into place to make the system more efficient.
Another goal was to negotiate the district park purchase. Mrs.
Herakovich stated that Council authorized staff to appraise
Commerce Park and the Plant Drive property. The appraisals were
completed and negotiations were begun on Commerce Park,
however, were put on hold with the announcement of LRP moving
into the community. Discussions will begin again with the
property owner regarding the purchase of this property.
Mayor Russo stated that the park and recreation was the weakest of
any moving forward in the organizational structure. Mayor Russo
felt this should be top priority during the next year and that a
master plan for the parks needed to be completed in assessing the
City's needs. Mrs. Herakovich stated she has been in discussion
with the City's two major landholders and 2 parcels have been
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identified for park sites. Mrs. Herakovich stated that the
municipal code revision has been completed and any amendments
needed were being discussed by staff. The Council was given a
report by Jon Iles regarding various projects in the City and stated
the Public Works Director was available for questions from the
City Council. Mr. Patty discussed the I- 95/Northlake and Military
Trail projects and what was remaining to be done. Mr. Patty stated
that approvals have been received from DOT, however, are having
some trouble with the electrical phase of the projects. Mr. Patty
stated that some of the landscaping was able to be purchased at half
the cost. Jon Iles is looking into the possibility of the City acting
as the sub - contractor on the irrigation and electrical phases of the
projects, as well as the plantings, allowing the City to save on the
costs. Mr. Patty stated that the I- 95/Northlake project should be
completed in June, 1997and Military Trail was projected to be
completed in October, 1997.
Councilwoman Monroe stated the original projected completion
date for I- 95/Northlake was September /October, 1995.
Councilwoman Monroe stated she would rather do nothing until
the City was prepared to do all of the work because it looked like
the work is being piece- mealed. Councilwoman Monroe stated she
would like to see more effort in these areas. City Manager
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Herakovich stated that staff has been busy with flood mitigation
efforts and has been redirected to maintain their current
responsibilities and to contract out whenever possible. Mrs.
Herakovich stated that in the future staff will recommend fewer
capital improvement projects be budgeted for one year.
Mayor Russo stated that before budget sessions next year a plan of
action should be developed for the older section of the City so the
Council could see exactly what needed to be done.
City Manager Herakovich stated that drainage issues were
expanded since the Goals and Objectives were determined and this
was a continuing effort by staff. Avenue of the PGA drainage
issues have almost been completed, and Westwood Gardens
drainage issues has been completed as far as the City's share of
work. Drainage problems on Prosperity Oaks have been completed
with the exception of discussions with the County regarding the
cleaning of the canal. Golfers Circle drainage is on hold and
hopefully has been fixed because of the work on Holly Drive.
Water coming from 1 -95 going to Holly Drive and along Lilac
Street was clogged and caused most of the problems in the Golfers
Circle area.
Parks projects have been worked on, with the Klock property
improvements basically done except for a few trees needing to be
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taken care of and should be ready for play in January. The roller
hockey rinks are completed and the Lake Catherine lights have
been installed. Another softball field was needed at PGA Park and
is almost completed. The Oaks pavilion was added to the list and
has been constructed. Currently, tennis courts are being
constructed at The Oaks Park.
The Citywide communication system became operational several
weeks ago and some problems are being worked out with
Motorola. Staff is still reviewing receiver sites.
Sidewalk missing links were reviewed by Council this evening and
the next step would be to prioritize. Interagency Cooperation will
be discussed by the City Council at the next meeting when the
Council considers a formal agreement to join the Lake Park/North
Palm Beach Task Force.
City Manager Herakovich stated that the process of determining
goals and objectives has been a good one in that it kept the City
staff focused and on- track. Mrs. Herakovich stated that the City
Council have a workshop to discuss goals and objectives for the
upcoming year. Mayor Russo suggested waiting on the workshop
until later.
Councilman Clark suggested that the format should be amended
and would be helpful to the Council for their review, to have 2
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columns: 1) Goals and Objectives and 2) Status or
Accomplishments. Councilman Clark stated that there are a lot of
things the City does that are not on the Goals and Objectives List
and another "accomplishments" category would point out those
projects. City Manger Herakovich suggested that in the
formulation of the goals staff go back to the budget approved by
the Council to develop those that are priorities.
Modular Update Assistant City Manager Greg Dunham presented the City Council
with a timeline for the modular completion, with a move in date of
February, 1997. Mr. Dunham stated that employees moving into
the modulars will have plenty of space, as will the Police
Department in moving to the upstairs portion of City Hall. Mr.
Dunham reviewed how the modulars were obtained and outlined
the delays in receiving the modulars. The original estimate for the
moving and improvements to the modulars was $90,000, however,
that estimate was based on certain improvements not needing to be
done. Mr. Dunham stated that some of the features that were
thought to be included in the modulars had been removed either by
Pratt & Whitney or other companies that were taking other
modular units. Public Works Director stated that due to the heavy
volume of projects experienced by his department, the building of
the crib in his department would have to be put off until the next
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budget year and suggested that those monies be used from that
project to go toward the modulars.
Communication Tower
Resolution Mayor Russo stated that he spoke to the City Manager regarding
this issue and staff had been directed by the City Council to
prepare a resolution regarding the recent approval of the
communication towers by the City Council. Mayor Russo wanted
to be sure that only one tower was being approved and felt that the
Council should discuss what would be included in the upcoming
resolution.
Councilwoman Monroe stated that she did not feel it was
appropriate to discuss what was on the tower. City Manager
Herakovich stated there were different ideas from Council
members as to what would go into the resolution and staff wanted
to put together a resolution that would include the thoughts of the
Council. City Manager Herakovich asked that Council members
call her with any concerns regarding the management plan.
Councilwoman Monroe thought that the management plan was to
be established by staff at a later date and staff was directed to put
together the findings of fact and what was needed for the approval.
Councilwoman Monroe stated that regarding the management plan
she wanted to be sure that before the Council approved the
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communication tower resolution the management plan would
include how to get rid of the non - native plants and put in native
types of vegetation. Councilman Jablin felt that the management
plan should be seen by the City Council before a vote was taken on
the resolution.
Rich Walton, Planning and Zoning Director, stated that the City's
Environmental Ordinance, under management plans, it states that
each management plan shall be approved pursuant to that section
by the department before final approval of construction drawings
or commencement of land alterations, whichever occurs first,
and/or incorporation into the City as a conservation area, open
space, greenway or open corridor. Mr. Walton stated that
management plans have typically been approved by staff
administratively. Councilman Clark stated that he did not
contemplate this resolution varying from the City's normal practice
and felt that direction had been given to staff.
Mayor Russo stated he would take comments from Attorney Ray
Royce and Commissioner Marcus, if Council members agreed.
Councilwoman Monroe asked for guidance from the City Attorney.
City Attorney Acton stated that the Mayor and other members of
the City Council have expressed concern regarding certain
elements that the resolution will contain. If the parties allowed to
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speak would comment on what those elements would contain then
there should be concern as to whether the Council was reopening
the proceedings. On the other hand, if the parties were offering
comments for some other purpose Attorney Acton did not know
what impact that would have on staff's direction. Councilwoman
Monroe stated that the only way she would feel comfortable going
forward was if the City Attorney directed what comments being
made were appropriate and those that were not appropriate.
It was the consensus of the City Council to not discuss this issue
any further this evenmg, but to have the Council consider the
resolution at the next meeting.
Attorney Gary Fields stated that Commissioner Marcus would not
be available at the next meeting, but would be available on
December 5, 1996. Attorney Acton assured the Council that
Attorney Fields was only discussing a matter of timing and the date
of the meeting that the issue would be addressed. Attorney Royce
stated he had no objections to placing the resolution on the City
Council agenda of December 5, 1996. Attorney Acton stated that
by the December 5, 1996 meeting of the City Council he would
have an answer as to whether the Council must or may allow
public comment at that meeting regarding this issue,
Attorney Fields asked that the parties involved in this issue be
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given a copy of the City Attorney's opinion regarding whether or
not public comment would be allowed. The Council agreed that
the parties could have a copy of the City Attorney's opinion.
COMMENTS FROM
THE PUBLIC City Manager Herakovich stated that staff and the firefighters
union have put many hours into good faith negotiations and the
offer presented has been rejected. Mrs. Herakovich stated that
tempers have been hot and there have been actions that neither side
is proud of and it has been realized that City and County
firefighters are dedicated employees. Mrs. Herakovich cautioned
the City Council that staff was involved in negotiations and
encouraged the union to put their offers on the table through the
proper channels.
City Attorney Acton endorsed what the City Manager said, adding
that this was not the forum for getting into battle.
Rick Rhodes Mr. Rick Rhodes stated he was not in attendance tonight to
negotiate, but wanted to put some things on the public record.
Mayor Russo stated he was interested in what ideas Mr. Rhodes
had to getting issues solved. Mr. Rhodes stated the firefighters did
not move for an impasse. The Union called for a bargaining
session and received a letter in the mail that the City was at an
impasse after the City of West Palm Beach was at an impasse with
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the Union. Mr. Rhodes stated that this Union did not represent
West Palm Beach. Mayor Russo stated the Council did not need a
history of the negotiations, but would rather hear solutions. Mr.
Rhodes stated that negotiations broke up on the merit issue. Mr.
Rhodes stated that the City has been asking for merit for four years
while the Union has been asking for a step plan. This year the
Union did not ask for a step plan and proposed for a merit plan and
the negotiations broke down over how to implement the merit plan.
Mr. Rhodes did not believe that the City Council has heard the
Union's side during their Executive Sessions. Mayor Russo
suggested that Mr. Rhodes mail his comments to Council's home
addresses. Mr. Rhodes suggested that in an effort to solve the
problems the lawyers not be included in negotiations, and if the
City will negotiate fairly all parties can return to the table to
continue negotiations. Mr. Rhodes stated that he did not want to
be forced to go before a Special Master and suggested that the
parties meet to discuss whether meetings can productively take
place.
City Manager Herakovich stated that the two sides had a difference
of terminology and that the City is more than happy to accept any
proposals from the Union before the hearing and that City staff
would respectfully consider those proposals. Mayor Russo stated
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that Mr. Rhodes was concerned that he did not want things
changed and thought that going to a Special Master was
unnecessary as the issues could be reconciled. Mayor Russo asked
that the City Manager talk to the attorney before deciding whether
this could be done. City Attorney Acton stated that it would not be
appropriate for the City Council to engage in discussion or
response to the comments that have been made. Attorney Acton
stated that Mr. Rhodes comments should be placed on record and
the Council should move on with their agenda. Mr. Rhodes stated
that he still did not believe that the Council had the Union's side of
the story. Mr. Rhodes stated that the firefighters would continue to
provide a high level of service to the residents of Palm Beach
Gardens and that level of service has never been compromised.
Mayor Russo asked the City Manager for an update at the
December 5, 1996, meeting, at an Executive Session. Councilman
Clark felt that it was important to reiterate that the City Council
supports management, the negotiating team and was willing to sit
with the City Manager to receive updates and briefs from time to
time in an Executive Session, Councilman Clark stated that
management has been following the direction of the City Council.
Mr. Rhodes asked that the Councilmembers visit the fire stations
and talk to individuals to determine what has been happening in
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CITY MANAGER REPORT
negotiations. Mayor Russo stated that he was hopeful that
solutions could be found to all the problems.
City Manager Herakovich stated that there have been complaints
regarding speeding on Elm Avenue. The police have been
monitoring traffic and there is a need for a four -way stop sign at
Elm Avenue and Banyan Street. A letter will be prepared for the
residents in that area, and the City Manager stated that Council
would receive a copy of that letter.
Mrs. Herakovich stated that the City Council needed to set a date
for her performance evaluation and asked to meet at a workshop
session for this purpose. Mrs. Herakovich suggested Wednesday,
November 27, 1996, or Monday, November 25, 1996. Mrs.
Herakovich stated that a workshop could also be scheduled for
December. Vice Mayor Furtado stated she would not be available
for a workshop on December 12, 1996. It was the concensus of the
Council that they could meet on December 17, 1996.
City Manager Herakovich stated that there would be a holiday
luncheon on December 24, 1996, from 11:30 to 2:00 p.m.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 10:05 P.M.
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CITY COUNCIL SPECIAL REGULAR MEETING 11/14/96
os� R Russ
an Linda Monroe
Vice Mayor Lauren Furtado Councilman Eric Jablin
Councilman David Clark
ATTEST:
Cindy Harvef,, Deputy City Cler
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