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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 3 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, 4 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 5 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 6 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 7 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 8 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 7 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 10 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 11 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 12 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 13 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 14 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 15 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 16 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 17 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 18 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 19 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. 20 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 21