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HomeMy WebLinkAboutMinutes Council 10249040 CITY COUNCIL PECIAL REGULAR MEETING CITY OF PALM BEACII GARDENS OCTOBER 24, 1990 The Special Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 7:30 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 City Clerk called the roll, and present were Mayor Martino, Vice Mayor Aldred and Councilwoman Monroe. Councilman Kiselewski and Councilman Russo were not in attendance, as both were out -of -town. Mayor Martino stated the City Manager requested this Special Regular Meeting to discuss the referendum elec- tions pending on November 6, 1990. The City Manager stated on 10/17/90, a public meeting was held at Allamanda Elementary School with City Administra- tion, the County, the residents in the areas to be annexed, and residents of Palm Beach Gardens. The City Manager stated there were a number of questions that he could not answer. The City Manager stated if the east side of Prosperity Farms Road annexed and the west side did not annex, that would create another enclave. The City Manager stated another consideration was fire service. The City Manager stated the County Fire Chief 10 was in attendance at the public meeting on the annexation and brought up the point there would probably be an C& COUNCIL SPECIAL REGULAR MEETING PAGE 2 interlocal Agreement. The City Manager stated the Council has not made a determination about an Interlocal Agree- ment. The City Manager stated if the east and west sides both annexed, there would be a County Fire Station located in the City. The City Manager also stated the swimming pool in Cabana Colony is now a County Pool and their is an unresolved issue as to who would own the pool once the area is annexed. The City Manager stated approximately 34% of roadways in the annexation areas do not meet the Palm Beach Gardens standards. Palm Beach County has yet to inform the City which were private and which were public. The City Manager stated because there were ® questions he was unable to answer, he felt the Council should meet and discuss these items. The City Manager stated the City Clerk spoke with Jackie Winchester, Supervisor of Elections, to determine the latest date the Council could meet to determine whether to delay the election and was informed tonight was the last night. The City Manager stated the County Attorney confirmed that once we have annexed these areas, the opportunity for residents to pursue the County matching fund program for roadway improvements will no longer be available. Rich Walton, Director of Planning and zoning, stated the City Engineer was able to determine what roads are maintained by the County; however, the County has not answered which roads they own. The City Manager stated he Ce COUNCIL SPECIAL REGULAR MEETING PAGE 3 was concerned, Lhat if the annexation took place, the financial burden would fall on the City or the residents in the area. The City�Manager stated if the City is going to set up a special taxing district to improve the roads in the areas of proposed annexation, the residents should beware of same. K.C. Collette, Land Use Attorney with the County Attor- ney's office, addressed the City Council stating yester- day, in recognition of some of the concerns that had been expressed from Palm Beach Gardens to the Board of County Commissioners, the Board decided to discuss this issue under Commissioner Marcus' comments. Attorney Collette stated the Board wanted to make it clear that they wanted to work in a cooperative manner. Attorney Collette read into the record a letter drafted by the Chair. (copy attached) Attorney Collette stated the County is facing a State Statute, Chapter 171, in this situation and regardless of the way they feel about that particular statute, they nest abide by it. Attorney Colletre stated the Commission's position was if there were clear violations of Chapter 171, then the County needs to look into the possibility of filing a writ of certiorari. Attorney Collette stated that the direction of Commissioner Elmquist's letter was that there was no question on the proposed coastal annexation the City is working on and the Chair is Ca COUNCIL SPECIAL REGULAR MEETING PAGE 4 :iprecta` =: c: t fact the City is working in accordance with the Interlocal Agreement. Attorney Collette stated it was discussed that if more time were needed under the Interlocal, the County could extend the three year period. However, his understanding is that the City is well within that time limit. Attorney Collette stated the County maintains that Chapter 163, Florida Statute, re: Interlo- cal Agreements, are clearly enforceable when they deal with the provision of services. Mayor Martino stated there has been a lot of correspon- dence from the City to the County asking what would happen wit:i• the roads, pool, fire station, etc., however, there ® has not been any documentation coming from the County. Councilwoman Monroe requested information re: what the City and County specifically agreed to at the time of the Interlocal Agreement in terms of the roads. Councilwoman Monroe wanted to know why this became an issue 48 hours ago. In response to Councilwoman Monroe, the City Manager stated the City had their Engineering Staff do a complete survey of the area, sent it to the County, and the County was going to find out how much money they had appropriated to bring these roads up to standard. The City Manager stated they later learned that once the annexation took place, the County could not spend any money on the infrastructures. CJ& COUNCIL SPECIAL REGULAR MEETING PAGE 5 s.;eyor Martino stared in Section 5 of the Interiocal Agreement it states "The Gardens also agrees to forward a copy of all information and correspondence pertaining to annexations in the area described above to the County Planning Division. The County agrees to cooperate with the Gardens with respect to the annexation of the above described land, including dissemination of information regarding the effects of annexation and giving priority to street improvement projects in areas referenced in this section." Mayor Martino stated the improvements to the roadways in the unincorporated areas will not be at the expense of the residents of Palm Beach Gardens and he that has been made clear to the County. Councilwoman Monroe reported on her attendance at the meeting between the County and Cabana Colony residents. The City Manager discussed his attendance at the public meeting with residents in the proposed annexation areas. Vice Mayor Aldred questioned what the County could do, prior to annexation, with respect to deficient roadways in the proposed annexation areas and what can the County do after the annexations are completed. In response to Vice Mayor Aldred, Mayor Martino read into the record a letter from van B. Cook, County Attorney, dated August 3, 1990. (copy attached) Vice Mayor Aldred detailed his feelings re: roadways not up to standard. Vice Mayor Aldred felt it would be C& COUNCIL SPECIAL REGULAR MEETING PAGE 6 inappropriate for a vote to be held on the two annexations on the east and west side of Prosperity Farms Road until the County lives up to the Agreement or proposes some mechanism to permit them to live up to the Agreement. Vice Mayor Aldred stated he did not feel the residents of Palm Beach Gardens should pay for roadway improvements in the proposed annexation area. vice Mayor Aldred felt this should not be put to a vote until all unresolved issues are taken care of and felt the vote should be deferred until February. Vice Mayor Aldred felt the Westwood Gardens /Westwood Lakes proposed annexation should remain on the ballot. ® Attorney Collette stated at the time the Agreement was entered into, the County's street improvement program was the MSTU Ordinance, just as it is now. Vice Mayor Aldred stated what is new to him is that after the annexation is complete, the MSTU mechanism is no longer available. Mayor Martino stated Attorney Cook's letter also indicates a dissemination of information by the Administrator of the County of Palm Beach at a local meeting that was held at the North County Courthouse before a group that claims to represent some of the homeowners in the north end. Mayor Martino stated the dissemination of information was to be- a two party arrangement. Mayor Martino discussed protocol re: invitations to meetings. C& COUNCIL SPECIAL REGULAR MEETING PAGE 7 Councilwoman Monroe stated, according to the information, there are 89% of the road miles in Parcel 1 at the highest level, all improvements in place and in good condition. Councilwoman Monroe stated there is only 2/10 of a mile, Venice Drive - 125th Street, which falls in the next to worse category, no improvements, poor pavement, if any; and the only other area where there is a problem is in the Palm Beach Gardens Campground and, recognizing the type of development, are not public roads. Councilwoman Monroe stated the only problem is the 2/10 of a mile and there- fore, she feels it would be appropriate to continue with Parcel 1 and not continue, for the sake of fiscal respon- sibility, Parcel 2, because you have a considerably higher number of miles of poor roads in Parcel 2. Councilwoman Monroe stated there are only 29% that fits category 3, the best category where all improvements are in place and in good condition. Vice Mayor Aldred stated he agreed with Councilwoman Monroe, except that if the annexation fails on either the part of the area to be annexed -or the City, there is a two year waiting period before it can be brought up again. vice Mayor Aldred stated due to the negative publicity that is occurring over this particular issue, he would be surprised if either of the two issues passed. Vice Mayor Aldred stated the message he is getting is that the County is strongly suggesting that it is probably C& COUNCIL SPECIAL REGULAR MEETING PAGE 8 appropriate W daiay -the vote on these two issues until we have the issues worked out. Attorney Collette stated the County is saying it is the City's determination to delay these issues, the County is not getting involved in that determination. Attorney Collette stated the decision is a political one that must be made by the City Council. Jim Byer, 12181 Bimini Avenue, Cabana Colony, addressed the Council stating there were several people representing Cabana Colony at the Wednesday meeting. Jeff French, CLOUT, addressed the City Council stating the officers of CLOUT designated himself and Barbara Ross to ® head CLOUT. Mr. French stated their particular feeling is to possibly delay the vote until February, 1991, to further educate the residents of Cabana Colony. Mayor Martino stated the_questions that have been raised are not questions that have not been answered before for Cabana Colony. Mayor Martino stated there is a list of 16 or 17 questions re: fire, pool, park, and roads, that the City staff have spent a lot of time answering. Mayor Martino stated they were answered in two directions, one to the CLOUT organization and one to the Planning Division of Palm Beach County. Attorney Brant stated the Agenda was based on at least four councilmembers being present. Attorney Brant stated that ordinances 18 and 19, 1990 in Section 3 refer to Co COUNCIL SPECIAL REGULAR MEETING PAGE 9 ]qte, time a..d place in calling a referendum election. Attorney Brant stated under the City of Palm Beach Gardens' Charter, no emergency Ordinance can be passed without four affirmative votes. Attorney Brant stated that since there are only three councilmembers present, he recommends Ordinance 27, 1990 and Ordinance 28, 1990, be struck from the Agenda. Attorney Brant stated the Statute does not require the election to be set by Ordinance. Attorney Brant stated, if you look at past elections, all are held pursuant to a Resolution, not an Ordinance. Attorney Brant stated, in his opinion, if the Council wishes to proceed, they consider Resolution 138, 1990 and Resolution 139, 1990. Attorney Brant stated Resolution 138, 1990 is structured that the election officials so appointed, shall proceed and perform their duties only under Ordinance 17, 1990, which is the referendum election on Westwood Gardens /Westwood Lakes. Attorney Brant stated Resolution 139, 1990, repeals Resolution '06, 1990 and Resolution 107, 1990, which established the referendum election. Attorney Brant stated if Resolution 139, 1990 was adopted, it would terminate and cancel the election scheduled for those two areas. Mayor Martino respectfully requested the Council allow bim to authorize the Clerk to remove Ordinance 27, 1990 and Ordinance 28, 1990, be stricken from the Agenda. There being no objections by the Council, Ordinance 27, 1990 and C& COUNCIL SPECIAL REGULAR MEETING PAGE 10 Jtdinsnce 26, 1990 were removed from the Agenda. Attorney Collette stated, from the County's perspective, they would encourage that the annexations be postponed and moved to a time certain, to show compliance. Vice Mayor Aldred made a motion to instruct Staff to develop a report in conjunction with the cooperation of the County of Palm Beach regarding the issues of in- frastructure and other associated problems such as fire service, recreational problems, and report back to the City Council within 60 - 90 days. Once the report is given to the Council, the Council, as well as the County Government, will agree as to how to implement the essence ® of that report. It would then become incumbent upon both RESOLUTION 138, 1990 governmental bodies to then make a determination whether those improvements have to be in place before the City of Palm Beach Gardens can proceed with the annexation or somehow develop an agreement that will allow the annexa- tion referendum to take place; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. Per a consensus of the City Council, the City Clerk read, by title only, Resolution 138, 1990, amending Resolution 104, 1990, by repealing those parts of Section 1 thereof establishing a Special Referendum Election pursuant to Ordinance 18, 1990, and Ordinance 19, 1990, and in Section 2 thereof providing for a restriction that appointed C* COUNCIL SPECIAL REGULAR MEETING RESOLUTION 139, 1990 PAGE 11 ciec4ion officials shall perform their duties only pursuant to Ordinance 17, 1990. Vice Mayor Aldred made a motion to adopt Resolution 138, 1990; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. Per a consensus of the City Council, the City Clerk read, by title only, Resolution 139, 1990, repealing Resolution 106, 1990, and Resolution 107, 1990, which established a Referendum Election on November 6, 1990, within the City and in areas proposed for annexation as set forth in said resolution. Vice Mayor Aldred made a motion to adopt Resolution 139, 4D 1990; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:30 p.m. Board of County Commissioners Crarol J. Elmquist, Chairman Karen T. Marcus, Vice Chair rot A. Roberts Howard Uroly Phillips October 24, 1990 The Honorable Mike Martino, Mayor City of Palm beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 County Administrator )an Winter, 125: Palm Beach Gardens Annexations Near Prosperity Fa— Road (Ordinances 18 and 19); City M'anager's Letter Dated October 22, 1990 Dear Mayor Martino: The intent of this letter is to eliminate any concerns that Palm Beach Gardens may have concerning the County potentially litigating the above referenced annexations if all of them are not passed successfully on November 6, 1990. As a result of the attached letter from John Orr, as well as comments relayed to our Board, the County wishes to make their directive clear so that Palm Beach Gardens may make informed decisions on the above referenced annexations. Accordingly, at our regular meeting on October 23, 1990, the Board acknowledged their appreciation of the City's efforts to comply with the Interlocal Agreement as it relates to the three coastal annexations, and confirmed that they do not intend to challenge those efforts if one or more were to fail. If it is the City's intention to delete the pending referenda in order to seek the same annexation with one referendum, we would encourage you to do so in the upcoming February election process. I understand the City's concerns regarding the County's actions in the past on annexation, and apologize for any problems that may have resulted from them. • \n Cgtial ()pportiinitN - V1lnnatntr \,ton Cmpluvcr" BOX 1989 WEST PALM BEACH, FLORIDA 33402 -1989 (407) 35S -2030 pnnrcd on reGYCledpeper Suncom (407) 245 -2030 �d or County Commis%ioners County Attorney _ t'an N 04!k C,irol f I hrnqui�t, Chairman Karen r. Marius, Vii e Chair Carol A Rohert5 13� ( f on Iln%%ard 7 3 YI, - 8199 Carole Nhtllip5 av ' J4,LV 1 August 3, 1990 Michael Martino, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 RE: Action Center Request No. 7397 -90 Your letter regarding implementation of Interlocal Agreement No. R89 -72D by Palm Beach County Dear Mr. Martino: You inquired regarding Palm Beach County's efforts to comply with Interlocal Agreement No. R89 -72D, specifically progress the County has made in street improvements and dissemination of ® annexation information. Regarding the dissemination of annexation information, on February 22, 1990 Jan Winters met with the Northeast County Homeowners Association (now the North County Forum) to discuss various issues concerning neighborhoods in this area. The Planning Division has provided Palm Beach Gardens staff with neighborhood contacts for subdivisions along Prosperity Farms Road. Planninq_ has als cc .as d hnldin¢ioint. neighborhogd„ mee ncis iPi h Palm 0each Gardens in the proposed annezatio_n aria to_address issues `with area residents. _ - The County MSTU (Municipal Service Taxing Unit) Ordinance finances infrastructure improvements in unincorporated neighborhoods. The MSTU programs requires a petition of fifty -one percent (51 %) of the owners in a neighborhood for requested improvements (i.e. paving, drainage, water, sewer, street lights) . If the Board approves a petition of a neighborhood, a special assessment unit is created to finance improvements over a ten (10) year period with County participation in the funding of certain improvements. since the adoption of the interlocul agreement in January 1989, only one petition for infrastructure improvement by a neighborhood located along Prosperity Farms Road has been approved by the Board of County Commissioners. This was a petition for paving and drainage on Honey Road. The County paid fifty percent (50%) of the cost with the other fifty percent to be paid by special assessment of the property owners. The County has in I dual t )I, I,.rInmtN �IIIrnim,,,' 1, in,n I i III Imrr BOX 1989 WEST PALM BEACH, FLORIDA 33102 -1989 (407) 155.2225 %ii—Im (407) 271 -1225