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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 / Ci UNCFLNAN -RMSO i EXA M; RIEF, SECRETARY E 0 ALLY M. RMIPTOW. kA SRIAN 1 OHTww, PA IRLOCPeCR R TIMAI 0. w,A I VLRMONT OvYICK 'O NO MAIN STREET PCTE■ M, COWM[TY( S VRL7N0TOW, V(RMQNT 0401 LAW 6—IC[1 TLICPNONK(30[)6S(6•A260 L.T wORLwT lI LRR LAwwT J ^^ ZWj)4N(L7 SHERRI TIDALLI, FAYNZ, $cHNEIDER, SHEPTOW, pCOPELMAN & BYRD LLLCM ► OGWN[fOLw ♦ MA RTN Cw 51112 Of PROCLCSIONAL ARPOCUTIONO PLUS[RRPLY TO' DAnb+� RYw O, P♦ CR1 U S M,f1HWAT ONt, RUIYE 100 FORT LAUOERUALE OPtICR RTCVCN N PAY W L. PA rr CRCLw ROAD -CzT AOO CYPp� JO LL R wQPKLMAW, w SV1TC O00 WILLLLM N. LR /ROwITi nA IdCY1 620.6600 PORT LAUDCIIDALIE, ►LOR16A 33300 Ow(Opw' Rltt[R• PA. T[LCPNOH[ Y[LCpM ONR (305) 776.1960 LAC L- OC,IN RIP[wr ►A rcLCCOPICP W�J� 626.0640 TRL2C60JWR t5051 433.730.4 E 0 ALLY M. RMIPTOW. kA SRIAN 1 OHTww, PA IRLOCPeCR R TIMAI 0. w,A I VLRMONT OvYICK 'O NO MAIN STREET PCTE■ M, COWM[TY( S VRL7N0TOW, V(RMQNT 0401 WAR J. A6160W TLICPNONK(30[)6S(6•A260 L.T wORLwT lI LRR LAwwT J ^^ ZWj)4N(L7 TCLECOPICR (502) 858,0076 LLLCM ► OGWN[fOLw IgNACr06 ({JLURA PLUS[RRPLY TO' .,OCL P ■RwMAN 00-0 r(LoNAN North Palm Beach Aor 'lC0 CL b v! `t'R7•x'COPIER TRAN$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 -..,