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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 13 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. 13 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. 13 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. 13 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