HomeMy WebLinkAboutMinutes Council 062190CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 21, 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 Comrlex, 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, Vice Mayor
Aldred, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo.
ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Firemen's
Retirement Trust Fund Board at the Central Fire Station on Monday, 6/25/90
at 7:30 p.m., a meeting of the Planning and Zoning Commission in the
Council Room on Tuesday, 6/26/90 at 7:30 p.m. and a meeting of the
Landscape and Tree Preservation Ordinance Committee on Wednesday, 6/27/90
40 at 7:30 p.m.
REPORTS AND ITEMS
BY MAYOR AND
COUNCIL
COUNCILMAN
KISELEWSKI Councilman Kiselewski reported the Solid Waste Authority met on Wednesday
and accepted a budget for slightly less than $100 million.
COUNCILWOMAN
MONROE Councilwoman Monroe suggested having an informal /formal get - together with
the cojnc{l members of Jupiter and Juno Beach to share ideas and discuss
specific items, such as annexations. Mayor Martino will follow -up on this
suggestion.
COUNCILMAN RUSSO Councilman Russo reported he attended the Beautific7-tion and Enviornmental
Committee Meeting, however, no members of that committee attended.
Councilman Russo stated after his report on EMS /Inter -City, there was an
® article in the newspaper which contained different information.
CITY COUNCIL REGULAR MEETING, 6/21190
Mk
PAGE TWO
Councilman Russo requested the City Manager's office contact
EMS /Inter -City to obtain factual information received by Councilman Russo.
Councilman Russo stated that he spoke to a woman who manages approximately
200 apartments in West Palm Beach who informed him that the vacancy rate
has never been higher because so many people cannot pay the rent because
they are losing their jobs. Councilman Russo stated this coincides with
comments made by Mayor Martino recently.
COMMENTS FROM THE
PUBLIC FOR ITEMS
NOT ON THE AGENDA
NANCY CLARK Nancy Clark addressed the City Council re: pension benefits. The Council
directed the City Manager to check with legal counsel to insure that this
matter is being handled in a timely manner.
BLIC_H_EARINGS
ORDINANCE 14, 1990 Mayor Martino stated the Council received a faxed copy of a letter from
Barry Byrd, Esq., member of the Policemen's Retirement Trust Fund Board,
requesting the City Council delay action on Ordinance 14, 1990. Mayor
Martino stated the determination has been made that the notices of public
hearings on all ordinances are posted on several bulletin boards con-
veniently located throughout the City, as well as being ,published in the
local newspaper. Councilman Kiselewski made a motion to receive and file
the letter from Attorney Byrd without taking any action; seconded by
Councilwoman Monroe. The motion was unanimously approved by the City
Council.
Mayor Martino declared the Public Hearing open, which was duly advertised
on 6/6/90, and held on the intent of Ordinance 14, 1990, repealing Article
II, Policemen's Retirement Trust Fund of Chapter 19 of the Palm Beach
CITY COUNCIL REGULAR MEETING, 6/21/90
0
PAGE THREE
Garc:::s Cuae, and adootiun of a new Article II in replacement thereof.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council, the Secretary read, by title
only, on second reading, Ordinance 14, 1990. Councilman Kiselewski made a
motion to adopt Ordinance 14, 1990; seconded by Vice Mayor Aldred. The
motion was unanimously approved by the City Council.
ORDINANCE 15, 1990 Mayor Martino declared the Public Hearing open, which was duly advertised
on 6/6/90, and held on the intent of Ordinance 15, 1990, repealing Article
III, Firemen's Retirement Trust Fund, of Chapter 19 of the Palm Beach
Gardens Code, and adoption of a new Article III in replacement thereof.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council, the Secretary read, by title
only, an second reading, Ordinance 15, 1990. Councilman Kiselewski made a
motion to adopt Ordinance 15, 1990; seconded by Vice Mayor Aldred. The
motion was unanimously approved by the City Council.
CONSENT AGENDA Councilwoman Monroe made a motion to approve the items on the Consent
Agenda, seconded by Vice Mayor Aldred. Per a unanimous vote of the City
Council, the following items on the Consent Agenda were approved and adoo-
ted:
1. Approval of Minutes of 6/7/90 Regular City Council Meeting.
2. Resolution 85, 1990 - BallenIsles Clubhouse PUD to allow for demoli-
tion of existing clubhouse and new constuction, tennis center and fit-
ness center consisting of 106,000 square feet at JDM Country Club
(Parcel 28).
3. Resolution 89, 1990 - Approval of Plat of Lake Catherine PUD, created
10/19/89 by Ordinance 30, 1989.
CITY COUNCIL REGULAR MEETING, 6121/90 PAGE FOUR
RESOLUTIONS
RESOLUTION 787 1990 After discussion by the City Council on Resolution 78, 1990, adoption of
recommendations of the Merit System Board pursuant to tuition reimbur-
sement, harassment and the extension of probationary time for employes, it
was agreed to change Exhibit "A ", Section XVII, Tuition and Training
Reimbursement, third paragraph, last sentence to read "The City will pro-
vide reimbursement for a maximum of $500.00 per fiscal year."
Councilman Kislewski made a motion to adopt Resolution 78, 1990, as
amended; seconded by Vice Mayor Aldred. The motion was unanimously
approved by the City Council.
RESOLUTION 86, 1990 Attorney Brant briefly reviewed details of the contract with Public Golf
Corporation. Attorney Brant recommended the Council consider conducting a
Special Meeting Wednesday, June 27th, to consider Resolution 86, 1990 and
a resolution for the bond awards.
Councilman Russo requested the rating on the insurance company issuing the
bands and who the engineer was that examined the cost estimate.
Joe Wise, William Hough 8 Co., addressed the City Council and requested
the meeting be held on Wednesday, June 27th in order for the bonds to be
printed on Thursday morning and delivered to DTC one day prior to the
closing date of July 3, 1990.
Councilwoman Monroe made a motion to schedule a Special Meeting for
Resolution 86, 1990 and a resolution for the bond awards to be held at
7:30 P.M. on Wednesday, June 27, 1990, seconded by Vice Mayor Aldred.
The motion was unanimously approved by the City Council.
0SOLUTION 87, 1990 Councilman Kiselewski made a motion to reappoint Reverand John L. Muntz as
CITY COUNCIL REGULAR MEETING, 5/21/90 PAGE FIVE
primary alternate on the Merit System Board; seconded by Councilman Russo.
Th: mW on ucs unanimously approved by the City Council.
RESOLUTION 88, 1990 Councilman Kiselewski made a motion to reappoint David J. Panozzo as pri-
mary alternate and James J. Kuretski as secondary alternate on the Zoning
Board of Appeals; secondeJ by Councilwoman Monroe. The motion was unani-
mously approved by the City Council.
RESOLUTION 90, 1990 Bob Dugas, Goodwill industries, addressed the City Council re: improve-
ments to the donation trailer located at the Holiday Inn on Military
Trail.
After discussion by the City Council, Mr. Ougas was directed to install an
8' section of fence on the south end of the donation trailer on the
westerly side to block view of the door from the roadway. Councilman
Kiselewski made a motion to adopt Resolution 90, 1990 with the revision as
mentioned; seconded by Councilwoman Monroe. The motion was unanimously
approved by the City Council.
ITEMS FOR
DISCUSSION
BASKETBALL HOOP Ed Mitchell, Assistant to the City Manager, addressed the City Council,
stating that for safety and liability reasons the City has asked
homeowners to remove the baskaL ball poles which are located in the right-
of -way.
Councilman Kiselewski made a motion for the City Manager to be instructed
to remove this and any other structure that may occur in the City's right -
of -way that have not been permitted under the laws of the City; seconded
by Councilwoman Monroe. Councilman Russo questioned whether there was
anything in the Code that could provide relief. Attorney Brant stated
there are no exceptions to the Code regarding this issue.
C(TY COUNCIL REGULAR MEETING, 6 /21 /90
AM
PAGE SIX
%nQ Tupper, 11b2ts Chestnut Avenue, Palm Beach Gardens, addressed the
City Council regarding the basketball pole and hoop which is located out-
side of his home and stated the basketball hoop has been there approxima-
tely 41ii years and stated there is no facility close to their development
for the children to play basketball.
The Council directed the City Manager's office to research the area to see
If there is any property available which had been abandoned to provide an
area for the children.
The motion was unanimously approved by the City Council.
BRIGER ANNEXATION Rich Walton, Director of Planning and Zoning, addressed the City Council
and reviewed the request for the Briger annexation. Mr. Walton stated he
and Kim Glas had met with the County Staff last week to get their input
re: this annexation and the possible pockets/enclaves being created.
Mr. Walton stated the professional opinion of the County staff was that in
order to annex the site an interlocal agreement must be signed in order to
cover phasing out of fire services. Mr. Walton stated the county has
given four options on handling the Briger annexation and staff was recom-
mending option #3.
Mr. Walton stated that pursuant to the interlocal agreement re:
Frenchman's Creek annexation, those areas considered enclaves were to be
annexed within three years. Mr. Walton felt the Council may want to con-
sider conducting a referendum election to include these areas along with
the Westwood Lakes area.
After discussion, the City Council decided to pursue option #3 whicn
allowed the City to annex the voluntary site with a commitment to conduct
® a referendum to annex enclaves /pockets. The City Council scheduled the
CITY COUNCIL REGULAR MEETING, 6121190
0
PAGE SEVEN
re::r,�naum for tnw 11i6190 election date. Councilman Kiselewski suggested
having one referendum for Cabana Colony and two referendums which have
roads in question and one for the areas where roads are not in question.
The City Council directed Mr. Walton to meet with County staff for recom-
mendations re: annexation of various parcels, including Cabana Colony,
Frenchman's Landing, Frenchman's Cove, Mayhew Estates, and Bay village,
highlighting which areas need improvements.
Councilman Kiselewski made a motion for Mayor Martino to prepare a letter
to the County Commissioners outlining the City's intent to have a referen-
dum on 11/6/90 to comply with the interlocal agreement and instructing
staff to prepare the necessary documents for the annexation of the
Westwood Gardens /Westwood Lakes area, those areas in the northeast corner
of the City, Cabana Colony and the other areas being sub - divided into
logical areas for annexation voting for a referendum to be held in the
General Election of 11/6/90; seconded by Councilwoman. Monroe. The motion
was unanimously approved by the City Council.
Councilman Kiselewski made a motion that staff prepare the necessary docu-
,aents for the voluntary annexation of the Briger parcel; seconded by Vice
Mayor Aldred. The motion was unanimously approved by the City Council.
ABANDOMENi OF
FIRETREE ROAD
Steve Yeckes, architect representing owners of a vacant lot located at the
corner of Gardens East Drive and Firetree Road, addressed the Council
stating the owners have an opportunity to develop this lot, however it is
1,200 square feet short of land area to construct a third unit. Mr.
Yeckes stated because of the high cost of Palm Beach Gardens property, two
units were not economically feasible. Mr. Yeckes stated this piece of pro-
perty is below acreage requirements for a PUD. Mr. Yeckes sited the
CITY COUNCIL REGULAR MEETING, 6121/90
0
PAGE TIGHT
petitioner would lixe to take a portion, approximately 8', of the right -
of -way of Firetree Road and would maintain the walkway that crosses into
North Palm Beach; therefore, the petitioner is requesting abandonment of
Firetree Road. In response to Councilwoman Monroe's suggestion of selling
that portion of right -of -way, Mr. Yeckes stated that a large purchase
price for that property would not be feasible; however, the petitioner
would be responsible for maintaining landscaping, irrigation and main-
taining Firetree Road.
In response to Mayor Martino's suggestion of including the 8 lots south of
the property placing all under a Unity of Title, allowing the area to be
considered a PUD, Attorney Brant stated this would be possible if all fee
simple title holders were agreeable.
Mr. Steve Doran, petitioner, stated the Unity of Title was not feasible as
all 8 lots have different owners. Mr. Doran stated that the 2 units
directly adjacent to the vacant property are owned by his brother -in -law
and he would probably be agreeable to the Unity of Title.
Vice Mayor Aldred stated that if the area exceeds an acre by adding the
two adjacent lots under a Unity of Title 7 units would meet the require-
ment for a PUD and there would no longer be a need to discuss the abandon-
ment of Firetree Road.
The peitioner was directed to look into this possibility and return to
staff with comments.
PGA NATIONAL SHOPPES
ON THE GREEN Rich Walton, Director of Planning and Zoning, addressed the City Council
re: the reinstatement of a PUD for PGA National Shoppes on the Green. Mr.
® Walton stated the petitioner is requesting a three year time extension
from the date of the original expiration date of January 9, 1 ° °9. The
CITY COUNCIL REGULAR MEETING, 6/21/90
PAGE NINE
pe..tl ,,ner iy nu: proposing any modifications with this request.
After discussion, the City Council suggested an extension of 5 years,
however, should there be major changes in impact fees, the Petitioner
would be required to comply.
Mr. Hank Skokowski, Urban Design Studio, addressed the City Council and
stated there would be no problems with the stipulation suggested re:
impact fees.
Mayor Martino scheduled this item for the Regular Meeting of 7/5190.
COMMUNITY
APPEARANCE BOARD In response to Vice Mayor Aldred, Councilman Kiselewski stated the City of
Palm Beach Gardens has been discussing for some time a community
appearance ordinance.
TIGRAS SAND
4 VULPTURING
Mayor Martino stated the City of Palm Beach Gardens won $150.00 for the
sand sculpture at the ArtiGras Festival and at the next meeting, the
Council would need to decide which
charity to donate the money.
ADJOURNMENT
There being no further business to
discuss, the meeting was adjourned at
APPROVAL
i
/ L—
MAYOR MARTINO
COUNCI OMAN MONROE
VECE MAYOR ALDRED
COUN It KIISEL5WSK1
/
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`t'R7•x'COPIER TRAN$MTTTAL NOTICE
Please deliver the following pages to:
NAME: JOHN ORR
FIRM: CITY OF PALM ?EACH GARDENS
TELEPHONE FAX
NUMBER: 775 -82G4 NUMBER: 775 -8244
FROM: BARRY R. BYRD, ESQUIRE
DATE: -6/21/9(] FILE NO.
Total number of pages 3 (including Telecopier Transmittal)
"IESSAGE /SPECIAL INSTRUCTIONS:
DOCUMENT(S)TRANSMITTFD• Chapter 185 Compliance Letter
:f you do not receive all the pagea, please call back as soon as
possible; (407) 626 -8500,
Stacey irons
X13
BOARD OF TRUSTEES
POLICE OFFICERS RETIREKENT TRUST FUND
CITY OF PALM BEACH GARDnS
P.O. Box 31436
palm Bead( Carde -s, PL 33410
FACSIMILE
June 21, 1990
,john Orr, City Manager
10500 N. Military Trail
palm Beach Gardens, FL 33410
RE: Palm Beach Gardens Police Officers
Retirement TrueL Fund
Chapter 185 Compliance
Dear John:
At the ^eeting of the Board of Trustees of the Palm Beach
Gardens Police officers Retirement Trust Fend of June 19, 1990,
it was brought to the Trustees' attention that a new ordinance
(ordinance 14, 1990) regarding the Police Retirement Fund is now
pending before_ the City Council of the City of Palm Beach Gardens.
A copy of the Ordinance was not provided to the Board of
Trustees prior to the Board meeting. necause we were not informed
of the Ordinance prior to its drafting, o= course, we are not
officially aware of its present status and have not had sufficient
opportunity to study its application and _-tipact upon oar Fund.
I heard, only moments ago, that the City Council is considering
approving this Ordinance on second readiae tonight. Since we
had no notice of such, we are not available to attend. I
respectfully request that you or the City Clerk provide the city
Council a reading of thil. latter at the Council Mee'i.ng tonight
requesting that no action be taken on this ratter until next month
so that the Board of Trustees for the Fund and ite counsel have
a reasonable opportunity to consider the ordinance. In the future
we would appreciate an advance copy of any ordinances having to
do with the Fund prior to their being placed on the City Council
agenda.
Also, we would like to be placed on the agenda of an upcoming
City Council meeting so that we can cor-.nent7 on this Ordinance
to the members of the City Council. specifically, we continue
to be concerned that this Ordinance does not properly address
the issue of whether our Fund is a local law fund or a chapter
fund. The Trustees have no objection to being a local law plan.
It is out understanding, however, that in, order to be a local
law plan, a proper local law ordinance must be adopted which spells
out the benefits that are available to police officers under local
law plan. +:e believe that not only may the law require this,
but it is only fair to the participants and beneficiaries of the
Fund that all of the provisions of their retirement plan be spelled
out in an ordinance which is easily available to them. We thus
have a fiduciary ob?2gat3on to request tt,e city Council adopc
John Orr, City Manager
® June 21, 1990
4I page -2-
As you know, the Attorney General has issued an opinion that
under the existing ordinance of the City of Palm Beach Gardens,
we are a chapter plan and not a local law plan. Although the
City may take the position that the Attorney General'is Opinion
is not binding, the Trustees believe that in the absence of any
other legal precedent, a court will look on the Attorney General's
opinion as persuasive. As I understand it, the ordinance which
is now proposed for passage does not change the old ordinance,
except that at Section 19 -22 it simply states "Local Law Plan"
and then states that the "City" shall meet the minimum requirements
of section 185.351 of Chapter 185, Plorida Statutes. We, as
Trustees, are concerned that for us to operate under such a vague
Ordinance could mean that we might fail in our duty to the
participants and beneficiaries of the Fund. We are also concerned
that given the Attorney General's opinion, our continued operation
without a proper local :.aw ordinance makes our decisions vulnerable
to challenge.
Chapter 185, Florida Statutes, states that the sole and
exclusive administration of, and the responsibilities for, the
proper operation of retirement trust fund are vested in the Board
of Trustees. Of course, the Trastees cannot amend the retirement
plan without the approval of the City Council. However, it is
we who are responsible for the administration and operation of
the plan. State law rakes us liable for failure to exercise our
responsibility to the participants and beneficiaries if the Fund
is not properly operated. We are concerned that given the vagueness
of the proposed Ordinance, we will tontine to face challenges
from persons claiming benefits under the Plan. We are also
concerned that although the State has forwarded the Chapter 185
money in the past, it may refuse to do so in the future. In such
event, the City would be required to make up the State payment.
Please consider the co:-ments herein as preli:{inary to our
full consideration of the Ordinance. We would ask that the City
Counc:.l give us a reasonable opportunity to review the proposed
Ordinance since it 013v"ously impacts our duties as Trustees of
the Fund. We would encourage mutual input so that, whether it
results in a local law Ulan or chapter plan, we can proceed together
with well defined guicelinos in an ordinance. To that end, we
would be happy to assist in drafting such an ordinance.
Sincerely,
7,- � Barry B. d
Chairman of the Board
BBB /3i
cc: Palm Beach Gardens City Council Members
Board of Trusters
"-t, .n -..,