HomeMy WebLinkAboutMinutes Council 051393 SpecialCITY COUNCIL
SPECIAL REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 13, 1993
The special Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order by Mayor
Russo at 7:30 PM, in the Assembly Room of the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida. The meeting opened with the Pledge of Allegiance to
the Flag_
ROLL GALL The Deputy City Clerk called the roll and present were Mayor
ANNOUNCEMENTS
Russo, Vice Mayor Monroe, Councilwoman Furtado, Councilman
Clark.
Mayor Russo stated the announcements were as posted on the
City's Bulletin Board. Mayor Russo also welcomed the Boy
Scouts in the audience who attended this meeting to earn
their Merit Badge for Citizenship and Community.
ITEMS BY THE
MAYOR AND COUNCIL
Mayor Russo stated that the purpose of this Special Meeting
was to discuss the Seacoast Utility Authority appointment,
which was currently held by former City Manager John Orr.
This was part of John Orr's retirement agreement that was
approved and accepted by the Council. City Attorney Brant
clarified that the letter /agreement of February offered by
CITY COUNCIL SPECIAL MEETING, MAY k' 1993
04
the retiring manager can technically be called a contract.
On the other hand, Mr. Brant looked at the formulation of
thie Utility Authority where the Council has the absolute
power to appoint /re- appoint whomever it chooses. There are
no guidelines in the initial Authority since this City is
merely a member of the compact. Technically, the Council
could be subject to a law suit because the Council entered
into an agreement. The man can serve day -to -day at the
discretion of the Council vs. the letter /agreement. Either
way, the decision as to what to do has to be in the sound
discretion of the Council. The settlement /agreement reached
with Mr. Orr can't be discussed in public. Mr. Brant stated
his opinion is that the Council has two ways to approach
this situation: 1) the letter, offer, and acceptance by the
Council in February, verses 2) the absolute authority and
discretion of the Council to do as it chooses regarding
appointments to the Utility Authority. Mayor Brant confirmed
that Mr. Orr was to serve on this Authority until the end of
January (one year from the date of resignation).
Councilman Clark stated that since the time Mr. Orr's letter
was accepted, conditions have changed and that the Council
is no longer on the same terms. It's fair to say nothing in
that agreement was intended to bind the Council to keep him
in that slot no matter what he did. Councilman Clark
recommended that the Council act in what is in the best
interest of the City - that this is a judgment call to do
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CITY COUNCIL SPECIAL MEETING, MAY �, 1993 3
what's right for the City and have someone on the Authority
with whom we are more comfortable.
Mayor Russo stated that if it is the direction of the
Council to ask Mr. Orr not to serve anymore at Seacoast that
it is not known if he would pursue litigation. However,
Mayor Russo stated that he believes Mr. Orr's intent (in the
letter /agreement) was to assist the Council in the
transition. Mr. Orr had wanted to help with Seacoast, with
the golf situation, and in any way the Council might need
him. He originally said he would do this for no pay, but the
Council agreed to pay him.
The appointment at Seacoast is not high pay - it's a token
payment, so he is not doing it for the money. Mayor Russo
stated he believes Mr. Orr's motivation for putting this in
the letter /agreement was that he was trying to help the
Council and that if the Council asked him to step down, Mr.
Orr would probably do so. Vice Mayor Monroe agreed that Mr.
Orr's intention was that of a willingness to continue giving
something to the community. She would like to appoint
someone else to that position.
The Council asked John Copeland, Mr. Orr's attorney, who was
present, if he knew Mr. Orr's position if asked to step
down. Mr. Copeland did not know his client's position,
however he offered to speak to him on the Council's behalf
about this and get back to the council. He will find out if
Mr. Orr will voluntarily step down.
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CITY COUNCIL SPECIAL MEETING, MAY ,1551 1993
4
Vice Mayor Monroe cited the following paragraph which was
stated in Mr. Orr's original resignation letter: "...With the
understanding that the City will need time for the selection
process of the new City Manager, I will make myself
available for as long as necessary for an orderly
transition. I will continue to represent the City on the
Seacoast Utility Board for a minimum of one year or longer."
Mayor Russo also stated that Mr. Orr offered to help the
City Council with the golf course law suit, however that
would be the Council's option. In fact, that, too, should be
changed because currently Mr. Orr is on the negotiating
committee.
Councilwoman Furtado expressed an interest in the job
description for this position at Seacoast. Mayor Russo
recommended that the Council have a meeting with Seacoast to
get a better understanding of the position. The Council may
conclude that it is not a Council position but, rather, it
would be more appropriate for a City employee to serve.
Vice Mayor Monroe is concerned that this should not be a
paid position as long as the meetings are in the day time.
Mr. Copeland will report back to the Council (either
Councilman Clark or Mayor Russo) to let the Council know of
Mr. Orr's current intentions if asked to step down from the
Seacoast Utility Authority board. The Council also requested
copies of the Final Resolution concerning this matter and to
put this on the agenda for next week.
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CITY COUNCIL SPECIAL MEETING, MAY, 1993 5
RESOLUTION
49, 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ON BEHALF OF THE CITY, AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY
FOR FIRE- RESCUE SERVICES; PROVIDING FOR THE REPEAL OF ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF.
Mayor Russo asked for a motion on the above resolution.
Councilman Clark moved and Councilwoman Furtado seconded the
motion. Councilwoman Monroe discussed her concern over the
fact that wording concerning the response time should be in
the resolution. Councilwoman Furtado responded that she was
comfortable with the Resolution because the City will be
operating under its own Fire Stations, working together as
r it has all along, and it will probably be better. Mayor
Russo said the biggest advantage will be that we will know
what they're doing and where they are going. The motion
passed 3 -1. The negative vote was cast by Vice Mayor Monroe.
Mayor Russo stated that this was a very successful Ad -Hoc
committee. Councilman Jablin arrived late and wanted the
record to reflect that if he could have voted, it would have
been in favor.
, representative of
announced
that on May 18,1993 at 8:30 AM, AL /ON meeting for Zone 2.
There is a conflict with that zone right now. Several
members of the Council committed to attend the County
Commission meeting for Zone 2 on May 18, 1993 at 8:30 A.M.
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CITY COUNCIL SPECIAL MEETING, MAY—LT, 1993 6
RESOLUTION
51. 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ENDORSING BETHESDA AMBULANCE SERVICE AS
THE EMERGENCY MEDICAL SERVICE TRANSPORTATION PROVIDER FOR
PALM BEACH COUNTY AMBULANCE ZONE 2; AND, PROVIDING FOR AN
EFFECTIVE DATE HEREOF.
The Task Force made the recommendation to City Council to
request the County award the CON for Zone 2 to Bethesda.
Vice Mayor Monroe moved for approval of Resolution 51, 1993,
Councilwoman Furtado seconded.Motion passed 5 -0.
ADJOURNMENT There being no further business to discuss, the meeting
APPROVAL
adjourned at 8:12 P.M.
MAYOR RUSSO
VICE MAYOR MONROE
XA M. RIEF
DEPUTY CITY CLERK
COtLkeLMAN JA$IIN
COUNCILMAN FURTADO
COUNCILMAN CLARK