HomeMy WebLinkAboutMinutes Council 071990CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 19, 1990
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Martino at 8:00 P.M. in the Assembly Room of the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida; and opened with the Pledge of Allegiance to the
Flag.
ROLL CALL The Secretary called the roll, and present were Mayor
Martino, Councilwoman Monroe, Councilman Kiselewski and
Councilman Russo. vice Mayor Aldred was not in attendance
as he was out -of -town.
1)UNCEMENTS Mayor Martino announced there would be a Planning and
Zoning Commission Meeting in the Council Chambers on
Tuesday,7 /24/90 at 7:30 P.M. and a meeting of the
Landscape & Tree Preservation Ordinance Committee in the
Council Chambers on Wednesday, 7/25/90 at 7:30 P.M.
Mayor Martino introduced the Chair of the County
Commission, Carol Elmquist; County Administrator, Jan
Winters; sheriff Richerd Willie; and Chief Circuit Judge,
Dan Hurley. Mayor Martino stated these individuals will
be addressing the City Council later re: important issue
to everyone.
CALL FOR BIDS The City Manager reported the two bids received from
Stratton Electric Inc. and American Lighting Maintenance
IRfor the lighting of the a tennis courts, as duly
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CITY COUNCIL REGULAR !- =TIhG, JULY 19, 1990 PAGE 2
advertised on June 21, 1990 and opened and read at the
Regular Meeting of July 5, 1990, have been reviewed. The
City Manager stated the recommendation was to award the
contract to American Lighting Maintenance in the amount of
$78,364.00.
in response to Councilwoman Monroe, the City Manager
stated there were two different types of sport lights at
the tennis courts, however, the main reason for the
modification are the wooden poles supporting the lights
have become rotten and unsafe and the wiring needed
upgrading.
In response to Councilman Kiselewski, the City Manager
stated there is approximately $80,000 in the Recreation
Account.
In response to Councilwoman Monroe, the City Manager
stated there is approximately $200,000 in Council
Contingency.
Councilman Kiselewski made a motion that the City Manager
be instructed to award the contract for the lighting of
the tennis courts to American Lighting Maintenance iq the
amount of $78,364.00 with the funds to come from the
Recreation Land Account; seconded by Councilman Russo.
Councilwoman Monroe stated she will vote against the
motion because she feels that funds for maintenance
improvements should not come from the Recreation impact
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CITY COUNCIL REGULAR
MEETING, JULY !.?, 1990 PAGE 3
Fees. Councilwoman Monroe stated if the motion was for
funds to come from Council Contingency, she would vote for
It.
In response to Councilwoman Monroe, Attorney Brant stated
the main thought when the recreational impact fee was
adapted, was the acquisition of land. Attorney Brant
stated the code was later amended to include capital
improvements on recreational land. Attorney Brant stated
the way the code is structured, an expenditure for a
capital improvement is allowed.
Councilman Kiselewski stated he would like to amend his
motion to reflect that one -half of the money be taken from
Council Contingency and one -half of the money be taken
from Recreation Land Account; seconded by Councilman
Russo. The amended motion was unanimously approved by the
City Council.
PBGYAA 9 & 10 YEARS
OLD SOFTBALL TEAM
Mayor Martino introduced David Shaw, coach of the Palm
Beach Gardens Youth Athletic Association Girls Softball
Team ( 9 & 10 years old and under) who addressed the City
Council re: donation for the girls to attend the National
Championship Tournament to be held in Marietta, Georgia.
Mr. Shaw stated there are 20 members on the team, with 12
members being residents of Palm Beach Gardens.
®
Councilman Kiselewski made a motion to donate $100 for
each Palm Beach Gardens resident on the team ($1,200) with
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CITY COUNCIL REGULAR MESTING, JUL"d 7,9, 1990 PAGE 4
the funds coming from Council Contingency, to assist the
team in the travel expenses for this tournament; seconded
by Councilwoman Monroe. The motion was unanimously
approved by the City Council.
ITEMS BY THE CITY
MANAG
PRESENTATION SY PALM
BEACH COUNTY RE: LOCAL
OPTION SALES TAX Sheriff Richard Willie addressed the City Council stating
when the new jail opened in 1984 it was to serve the
County until the year 2000, but was overcrowded by 1985.
Sheriff Willie stressed the importance of allowing the
® Special Referendum Election on Local Government One -Half
Percent Sales Surtax on the November 6, 1990 General
Election ballot. Sheriff Willie stated if they are unable
to expand the jail, the County will again come under a
rederal Court Order, meaning the County will have -�o pay
$1,000 per day for overcrowding of the jails. Sheriff
Willie stated the new courtrooms located in the old
Burdines store, now called the D « D Center, cost the
taxpayers $400.000 per month in leases. Sheriff Willie
stated the County is asking the municipalities to forego
their 41% on the one -half percent sales surtax to allow
the taxpayers to save approximately $190,000,000 in
Interest payments over the next 25 years. Sheriff Willie
asked the City Council to consider signing the Interlocal
Agreement with Palm Beach county agreeing to these terms.
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CITY COUNCIL REGULAR MEETING, JULY 19, 1990
PAGE 5
Chief Justice Dan Hurley addressed the City Council
reiterating Sheriff willie's comments and asked the City
Council to consider signing the Interlocal Agreement.
Chief Justice Hurley stated the county needed the funds
fo- the expansion of the jail, expansion of the
courthouse, and for drug intervention and prevention
programs.
Chair Carol Elmquist addressed the City Council stating
the one -half percent sales tax, if approved, would begin
on February 1, 1991 and end in 5 years on January 31,
49 1996. Chair Elmquist stated they have the required
percentage of municipalities to put the referendum on the
November 6, 1990 ballot, but are asking for the support of
a' c_ �lities.
Councilman Nise.L —ski stated he would need assurances that
at the end of 5 vears, the taxpayers will see the money
come back to them.
Councilwoman Monroe stated she would endorse the request.
Councilman Russo stated he endorses the request and would
like to see funds now being paid for rent to flow back for
enforcement of drug prevention and through the
municipalities, drug prevention programs.
Mayor Martino stated the language in the Interlocal
41 Agreement should be more specific as to how the money will
CITY COUNC ?L REGULAR MEETING, . ULr 19, 1,990 PAGE 6
be spent. Mayor Martino felt the word "reconstruction"
in the definition section of the ordinance should be
expanded upon. Mayor Martino stated he felt the County
has been upfront and specific about their nee,3s and
endorses the request.
Councilman Kiselewski made a motion for the City Council
to sign the Interlocal Agreement and for the County to
provide a summary of the presentation to be included in
the City's newsletter; seconded by Councilwoman Monroe.
The motion was unanimously approved by the City Council.
SPACE ALLOCATION
The city Manager stated the City had employed the firm of
Spillas, Candela & Partners, Inc, to conduct a space
allocation study for the City. The City Manager stated
Kimberly Rodale, Laura Barrett and Richard Foley were in
attendance this evening to discuss the study and answer
any questions.
Ms. Rodale gave a brief overview of the study and
entertained questions and comments from the City Council.
Councilman Kiselewski requested further clarification of
the Building Issue re: square footage and costs.
Councilman Russo requested the total square footage
required for 1990 compared to what the City now has.
Councilman Kiselewski made a motion to receive and file
I� the report along with the requested additional
�P information; seconded by Councilwoman Monroe. The motion
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CITY COUNCIL REGULAR
MEETING, JULY 19, 1990 PAGE 7
was unanimously approved by the City Council.
COMPREHENSIVE FLAN
SUBMITTED TO DCA
The City Manager stated the City has come to an agreement
with the DCA on the Comprehensive Plan and will be bring
the information back to the City Council at the next
Regular Meeting.
REPORTS AND ITEMS BY
TIM MAYOR AND
COUNCIL
MAYOR MARTINO
Mayor Martino reported he attended the Traffic Performance
Standards Meeting.
Mayor Martino recognized Jason Lichtstein and Irwin
Mendelssohn, who previously submitted a letter to the City
Council requesting the City pass an ordinance declaring
the City of Palm Beach Gardens a "Nuclear Free Zone".
Mayor Martino stated the letter is being discussed with
the City Attorney, who is researching if the City can
adopt the requested ordinance into the Code.
Mr. Lichstein and Mr. Mendelssohn submitted additional
information to Attorney Brant for his review.
COUNCILMAN RUSSO
Councilman Russo reported the North County Boys & Girls
Club street party previously approved was rained out and
has been rescheduled for July 28th.
Councilman Russo stated he attended the Beautification &
Environmental Committee meeting and there was concern by
®
the members of the Committee as to what their job entails,
and requested direction from the City Council. Councilman
{
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CITY COUNCIL REGUT -AR
MEETING, JUL- 19, 1990 PAGE a
Russo stated the Committee would like to receive some
budget money to be able to make awards. Councilman Russo
stated the members also requested information regarding
the funds for the Community Center.
Mayor Martino stated this will be scheduled for further
discussion at the budget meetings.
In response to Councilman Russo, the City Manager stated
the City is still looking into purchasing a good used
streetsweeper.
COUNCILWOMAN MONROE
Councilwoman Monroe reported attending the Code
Enforcement Board Meeting.
C&CILMAN KISELEWSKI
Councilman Kiselewski stated he has determined that good
government is a direct factor of, not only the people who
operate the government, but also the press coverage
received. Councilman Kiselewski complimented Nory Roggen
of the Palm Beach Post, for covering the stories
accurately and fairly. Councilman Kiselewski cited the
meeting of the Solid Waste Authority on Wednesday morning,
as being reported inc,irrectly relating to the increase of
Mr. Hunt's salary by 5 %.
Councilman Kiselewski stated the Solid waste Authority
public hearing to be held on July 31st, will be convened
at the West Palm Beach City Hall and then recessed to John
I. Leonard High School.
Councilman Kiselewski stated the Metropolitan Planning
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CITY COUNCIL REGUTAF. MEETING, JULY _9. 1940 PAGE 9
Organization met Thursday morning and the 4 cents per
gallon gasoline tax will be used in the County in which it
is produced.
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COMMENTS FROM THE
PUBLIC FOR ITEMS NOT
13N TIM AZ!MA
ERNEST CHUILLI
Is
Councilman Kiselewski stated he will make his comments
regarding the Arts Advisory Committee meeting he attended
when Ordinance 13, 1990, is workshopped later this
evening.
Councilman Kiselewski stated he met with Haney Frakes,
Assistant County Engineer, re: providing sidewalks on
Military Trail between the bridge and Holly Drive.
Councilman Kiselewski reported Mr. Frakes stated he would
look into the problem and requested the City Manager
followup on the request.
Mayor Martino stated he would like Councilman Kiselewski
to bring to the Metropolitian Planning Organization's
attention the fact that there are inconsistencies between
thoroughfare plans.
Councilman Kiselewski stated the data bank which the
County is using is wrong and stated the Metropolitan
Planning Organization is going to try g.t a new 0 6 D
Study.
Ernest Chuilli, 10736 Locust Street, Palm Beach Gardens,
addressed the City Council stating he has lived there
CITY COUNCIL REGULFR
MEETING, JUTor '9, 1990 PAGE 10
approximately 14 years and for the past year the canal
behind his house has averaged a depth of approximately 1
foot. Mr. Chuilli stated he has been told the pump on
Al'_ernate A -1 -A is out and it will be repaired.
Mayor Martino stated the Council would provide Mr. Chuilli
-;ith an answer as soon as possible.
CONSENT AGENDA
Councilman Kiselewski made,a motion to approve the items
on the Consent Agenda; seconded by Councilwoman Monroe.
Per a unanimous vote of the City Council, the following
items on the Consent Agenda were approved and adopted:
1. Approval of Minutes of 6/27/90 Special Regular
®
Meeting.
2. Approval of Minutes of 7/5/90 Regular Meeting.
3. Resolution 96, 1990 - Authorizing the Mayor and City
Clerk to execute an agreement between the City and the
MacArthur Foundation for the donation of 16.9 acres
for park or recreation purposes on Burns Road and
granting of credits for future development.
4. Resolution 97, 1990 - authorizing th- City Manager to
establish a bank account with the State Board of
Administration re: Public Golf Course.
PUBLIC HEARING
ECONOMY TNNF
Mayor Martino stated the Public Hearing is a continuation
of a recessed Public Hearing of 7/5/90, as duly advertised
6/20/90.
Mayor Martino declared the Public Hearing reconvened and
stated the City Council sits as a variance board in a
quasi- judicial mode.
The Petitioner was not in attendance for the Public
Hearing.
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CITY COUNCIL REGULkR
M�I"SIFG, JUL`/ :S, :390 PAGE 11
After Attorney Brant ascertained the Petitioner had been
properly notified of the continuance, he recommended to
the Board, in their current capacity, the petition be
dismissed for lack of prosecution without prejudice.
Mayor Martino declared the Public Hearing closed.
CoL.icilman Kiselewski made a motion to dismiss the
petition for lack of prosecution without prejudice;
seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
RESOLUTIONS
RESOLUTION 94, 1990
Mayor Martino stated the City Council had previously
®
reviewed Resolution 94, 1990, authorizing the Mayor and
City Clerk to execute on behalf of the City a 3 year
contract between Inter -City Emergency Medical Services,
Inc., and the City of Palm Beach Gardens, at the Regular
Meeting of 7/5/90 and had asked that some modifications be
made to the contract.
Attorney Brant stated the language re: level of service
had beef. mocified; a uefault section had been included in
the contract; and when the vehicles could leave the city
had been clarified.
After discussion by the City Council, the City Clerk was
directed to amend the contract as follows:
I. Page 2, Paragraph A, First Line:
Add "at all times" after "shall ".
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CI'T'Y COUNCIL REGULAT7, ?MEETING, JU.'',y i? , 1990 PAGE 12
2.
Page 2, Paragraph B:
Delete Paragraph B and add a new Paragraph B to read
as follows:
"Based upon the City's current boundary, the Provider
agrees to maintain an average response time of no more
than 5.0 (Flvx) minutes in response to emergency
calls as defined herein and shall respond only to 911
calls or their equivalent. within thirty (30) days
after the effective date of any annexation, this time
may be adjusted by common agreement on both parties."
3.
Page 2, Paragraph C, Second Line:
Change "rotate" to "provide ".
4.
Page 5, Article VIII - Default, Sixth Line:
Change "thirty (30)" to "one hundred eighty (180) ".
5.
Page 5, Article IX, First Sentence:
Before ": ", add "and submitted evidence of same to the
City of Palm Beach Gardens on an annual basis or as
the contract is renewed ".
5.
Under Article IX - Insurance, add a new Paragraph F to
read as follows:
"in the event any of the above required insurance
policies and in the amount stated shall not be kept in
legal force and effect it shall be cause for the City
to declare immediate termination of this agreement."
7.
Page 9:
Change the signature from the City Manager to the
Mayor.
Scherry Morris, Chief Inter -City, addressed the City
Council and stated there was not a problem in making the
changes the City Council recommended.
Councilman Kiselewski made a motion to adopt Resolution
94, 1990; seconded by Councilman Russo.
Ronald Joseph Beesley, President of the Professional
Firefighters Paramedics of Palm Beach County and
representative of the Palm Beach Gardens Firefighters,
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CITY COUNCIL REGULAR MEETING, JULY it#, 1990 PAGE 13
1490 south Military Trail, west Palm Beach, addressed the
City Council and stated his concerns and objections to the
contract with Inter -City.
The motion was unanimously approved by the City Council.
RESOLUTION 98, 1990
Rich Walton, Director of Planning and Zoning, addressed
the City Council re: Resolution 98, 1990, site plan
approval for RaCoAmo, Inc., located on the south side of
Burns Road, west of I -95 overpass. Mr. Walton briefly
reviewed the petition for site plan approval. Mr. Walton
stated all changes have been included and corrected on the
site plan with the exception of the parking space.
Mayor Martino noted on the first page of Resolution 98,
1990, next to last paragraph, the word "or" should be
"of".
After further discussion_by the City Council, the
following changes were made to the conditions in Section
2:
1. The conditions should be numbered.
2. On Condition 1., delete the first line and change the
second line to read "The Petitioner will ensur-3 that the
lighting does not shine onto neighboring properties.
3. On Condition 2., add "as determined by the Fire
Department" to the end of the sentence.
4. One Condition 3, add "One (1)" at the beginning of the
sentence.
5. Delete Conditions # 5 and #6.
Mayor Martino stated the City Council had a consensus to
CITY COUNCIL REGULAV MEETINr,, XTI V I'l, =S90 PAGE 14
remove the parking space and cautioned Mr. Brock as the
representative of the Petitioner, that since there are
only 4 council members present, a vote could result in a
tie resulting in a defeat. Mayor Martino stated Mr. Brock
could ask for a continuance to the next meeting, or Mr.
Brock could remove the parking space.
Steve Brock, representative for RaCoAmo, Inc., addre §sed
the City Council stating since the Petitioner is not
present tonight, he would request Resolution 98, 1990 be
postponed until the Regular Meeting of 8/2/90.
Mayor Martino suggested the Petitioner delineate on a
®
piece of paper why he needs that parking space and provide
same to the Council prior to the next meeting.
Mayor Martino stated Resolution 98, 1990, will be
rescheduled for consideration of adoption to the Regular
Meeting of 8/2/90.
ORDINANCES
ORDINANCE 13, 1990
Councilman Kiselewski stated the Art Advisory Committee
has made 4 basic suggestions to amend Ordinance 46, 1988.
The first suggestion is commissioning of the artist shall
be by written contract between the developer and the
artist. Councilman Kiselewski felt thi: was good because
it would take the City out of the middle of the
negotiations. Councilman Kiselewski stated that
suggestion N3 was changed to read: "The AAC may place "an"
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CITY COUNCIL REGULAR *t1;rTING, JULY 39, 1450 PAGE 15
instead of "one" advertisement in a regional publication.
Councilman Kiselewski stated he felt this was a good
change. Councilman Kiselewski stated that suggestion #4
dealt with the methodology of handling the art work and
felt this would be acceptable. Councilman Kiselewski
stated there are two provisions in Ordinance 46, 1988; one
requires the members of the Advisory Committee be
residents of the City, and the other requires the
committee members not to be tied to the art world
directly. Councilman Kiselewski stated 3 of the 4
members violate those provisions. Councilman Kiselewski
® stated that Howard Ostrout and Paul Aho are not residents
of the City and David Miller, who is a resident of the
City, is an art dealer. Councilman Kiselewski stated the
reason for suggestion #2 was to circumvent those
provisions.
Attorney Brant stated there are different requirements for
the Ci -cy's advisory boards as far as residency.
Councilman Kiselewski felt the suggestions were all
acceptable, except for # 2.
Councilwoman Monore stated she had a problem leaving it
open for a high percentage of the members of the board to
be non - residents.
There was a consensus of the City Council to amend (3) in
Ordinance 46, 1988 in Section v., to read as follows:
CITY COUNCIL REGULAR .'!'_=71NG, JUNE 1�, 1990 PAGE 16
'Three persons selected by the City Council which shall
not include a Council member. The majority of the
appointed members must be residents."
Attorney Brant was directed by the City Council to add the
amendments to ordinance 13, 1990,
ITEMS FOR
DIDI
CAN
CABALLO POINT Rich Walton, Director of Planning and zoning, addressed
the City Council and briefly reviewed the Caballo Point
petition. Mr. Walton stated the project is designed to be
a modified zero - lot -line, however, the units are three
feet off of the zero -lot -line. Mr. Walton stated the
Planning and zoning Commission recommended approval of the
petition with the following six conditions:
1, Final plans for the wall /fence combination, landscape
plans for the common areas, the entry sign and car gate
shall be submitted to the City for review and approval by
subsequent resolution prior to the issuance of any
building permits. Planting of the tree line shall be done
up front and maintained and irrigated properly. More
details on space and size for the landscape plans will be
provided and pictures and details of the tot lot.
2. The two ficus trees showr to be preserved shall be
preserved in place as reflected on the 7 /2/90 site plan.
3. with the approval of the final plat, the petitioner
shall either construct the left turn lane and right turn
lane facilities on Northlake Boulevard or provide the
bonding to ensure their construction wheic Northlake
Boulevard is widened.
4. The site plan shall be revised to reflect that on lots
22 and 25, there be a two -story home, and on lots 21, 23,
24 and 26, there be a one -story home.
S. The setback for fiberglass spools or spas shall be
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CITY COUNCIL REGULAR MRFTING, JUL`.•° 13, 1:�90 PAGE 17
revised from 3 feet to 5 feet.
6. The homeowner's association shall maintain the canal
to the south.
In response to Councilman Kiselewski, Mr. Walton stated
this project is 5.43 acres and the comprehensive plan
allows 4 units per acre for straight zoning plus one for
PUD and the petitioner is requesting 4.8 units per acre.
Councilwoman Monroe felt this was a request for a single -
family home on half -size lots and not a zero -lot -line
request.
Mike Houston, Urban Design Studio, addressed the City
® Council and stated he had spoken with the Building
Inspector who had informed him a setback of up to three
feet is allowed. Mr. Houston pointed out Divosta &
Company are using this concept with Lake Catherine.
In response to Councilman Kiselewski, Mr. Houstoa stated
he thought the three foot setback allowed was not in the
zoning book, but could be in the building code.
Mayor Martino stated this question would be answered
before Mr. Houston appeared before the - Council again.
Per a consensus of the City Council, in Condition q5,
"fiberglass" was deleted.
In response to Mayor Martino, Mr. Houston stated when the
owner received the deed for the canal from Northern water
. Control District, they received a deed for ownership and
not for maintenance. Mr. Houston stated they will be
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CITY COUNCIL REGULAR �IFETYNG, JUrIv ;R, 1990 PAGE 18
clearing the easement of debris, but the Northern Water
Control District will maintain the easement. The
remainder of the common areas will be maintained by the
homeowners association. Mr. Houston stated each
individual homeowner will maintain their back yards.
M1. Houston stated the two story units will limited to
Lots 2, 4, 7, 9, 11. Mr. Houston stated there will be no
two story homes on the eastern edge and there could be two
story homes on the outside edge of the inner circle.
Mr. Houston stated Mr. Horowitz has met with the adjacent
homeowners and have come to an agreement re: planting.
® Mr. Houston stated the agreement is planting laurel oaks
20 feet on center, and $3,200 toward the planting of wax
myrtles along the entire length of the "r property along
with a six foot wall.
Councilman Kiselewski stated he did not feel in the PUD
process there was anything unique about the product or the
site and did not feel the City Council should provide a
bonus when it is already crowded.
Mr. Houston felt the treatment of Northlake Boulevard,
created buffers between this property and adjacent
property. Mr. Houston felt details such as signage and
the wall treatments make this property unique to provide
for the bonus under the PUD process.
Mayor Martino stated Mr. Houston should justify the PUD he
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CITY COUNCIL REGULAR MEnTING. JUI, Y 19, 1990 PAGE 19
is requesting before returning to the Council.
Mayor Martino was concerned the perimeter landscaping be
maintained by the homeowners association and not the
individual homeowners.
Mayor Martino stated there will be another workshop for
this proposed development.
INTERLOCAL AGREEMENT
Rich Walton, Director of Planning and Zoning, addressed
the City Council and stated the first reading of the
Ordinance for the voluntary annaxation of the Briger
property was 7/5/90 and the second reading is scheduled
for 8/16/90. Mr. Walton stated the County is requesting
an Interlocal Agreement to amortize the fire service in
annexed areas.
Attorney Brant stated a message received from Attorney
Banks of Palm Bach County indicated there were other
areas to be covered besides fire service.
Mayor Martino stated the City has, in good faith, sent a
letter to the County Commission informing them the City
will be holding a referendum on November 6, 1990, and have
sent the Commission the Interlocal Agreement stating the
City will sign same.
Mayor Martino stated he felt the City should proceed with
the Interlocal Agreement with the County as done in the
® past.
In response to Councilwoman Monroe's concern re: