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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