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HomeMy WebLinkAboutMinutes Council 041885CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 18, 1985 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Linda Monroe, at 8:00 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The roll was called by the City Clerk and present were: Mayor Monroe, Vice Mayor Kiselewski, Councilman Martino, Councilman Aldred, and Councilman Feeney. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Regular Meeting of April 4, 1985, and Workshop Meeting of April 11, 1985, were unanimously aproved by the Council, as written. ANNOUNCEMENTS: Mayor Monroe announced that the City's Planning and Zoning Commission will be meeting at 7:30 P.M. on Tuesday, April 23, 1985. PROCLAMATIONS: Mayor Monroe read a proclamation proclaiming May 5th -11th, 1985, "Shatter "SHATTER Silence Week "; then, acknowledged the April 12th communication of Ms. Jo Marie TIC '-wcry rr Streve, Vice President of the Quota Club of the Palm Beaches, advising of the special exhibit they will be having at the Palm Beach Mall on May 11th to inform the public about early detection, proper treatment, and prevention of hearing and speech impairments. ITEMS BY THE CITY MANAGER: AWARDING OF Per the recommendation of the City Manager, the Council unanimously adopted a BID7=TH INSTRRUU MENT ST motion awarding the bid received April 11, 1985, from Public Safety Devices, IN Inc. of Miami, Florida, for a Breath Testing Instrument for the Police Depart- ment - the $4,661 for this BAC, Verifier, with preservation, to be taken from Account 08- 64.20. CITY COUNCIL REGULAR MEETING, 4118185 PAGE 2 LETTER FROM The City Manager acknowledged the April 8, 1985, communication of Mr. Stephen EIS RE: J. Fox, Director of the State Department of Environmental Regulation Division of TRANSGULF IPELI E Permitting, assuring the City the department will do what it can to protect Florida's natural resources from pollution from the proposed Transgulf Pipeline. REPORTS: Vice Mayor Kiselewski reported that he was unable to attend the Palm Beach VICE MAYOR County Solid Waste Authority's meeting yesterday; however, there will be a public information session on Monday, April 22, 1985, at 7 :00 P.M., in the Palm Beach County Commission's Chambers, re: the possibility of temporarily storing toxic waste at the Solid Waste Treatment /Resource Recovery Facility proposed to be located at the now -Dyar Dump. Vice Mayor Kiselewski reported on the meeting he attended this date of the Metropolitan Planning Organization. C1, . -ILMAN Councilman Feeney reported that, due to illness, he was unable to attend our FEENEY Site Plan & Appearance Review Committee's meeting of Tuesday, April 23, 1985. The minutes of this meeting will be placed on file in the City Clerk's office. Mayor Monroe reported that she attended the meeting of the Area Planning Board. ITEMS BY THE MAYOR AND COUNCIL: COUNCILMAN In response to Councilman Martino, the City Manager reported that there isn't RAP7 RU- enough vehicular traffic on Riverside Drive to warrant a stop sign at its inter- section with a side street in Palm Beach Gardens Estates Plat #1. Per a unanimous vote of the Council, the City Manager was instructed to have a stop sign erected at the T- intersection of Cherry Street & Riverside Drive, for the benefit of the safety of the residents that live in and around Riverside Drive as- well -as any vehicular traffic that might traverse on the artery. Councilman Kiselewski suggested that if /when a bicycle /pedestrian path is installed along Riverside Drive in this area, the Council consider removal of the subject authorized stop sign. CITY COUNCIL REGULAR MEETING, 4118185 PAGE 3 In response to Councilman Martino, the City Attorney advised that he received from Bankers Land Company a proposed Unity of Title agreement for the lands of the duplexes along the east side of the Lighthouse Drive /Ironwood Road segment of Holly Drive. Councilman Martino reported that the pedestrian /bicycle paths on Lighthouse and Holly Drives have severe damage; and requested the City Manager to have this taken care of. Councilman Martino noted that during most of the hearings he attended on the proposed Solid Waste Treatment /Resource Recovery Facility the residents of this area were promised there would not be any situation of hazardous /toxic waste at the now Dyar Dump site; and requested that at the hearing on April 22, 1985, Vice Mayor Kiselewski remind at least the three new - comers of the Palm Beach County Comission of this. VICE MAYOR Vice Mayor Kiselewski referenced our Code Enforcement Officer's memorandum of KISELEWSKI March 28, 1985, responding to his of March 21, 1985; and requested an up -to -date status report on the referenced Sign Code Violations in the City. Pursuant to the recommendation of Vice Mayor Kiselewski, the Council requested the City Manager have the newspaper racks within the road rights -of -way within the City be "red- tagged ", as they cause a possible safety problem without proper ingress /egress. The City Manager reported on the meeting he attended of our Site Plan and Appearance Review Committee on Tuesday, April 23, 1985. Their consideration of approval of the plans for the expansion of the Palm Beach County Medical Complex (i.e., the hospital) was postponed until a Special Meeting of the Committee scheduled for April 30, 1985. CITY COUNCIL REGULAR MEETING, 4118165 PAGE 4 MAYOR MONROE In response to Mayor Monroe, the City Manager advised that the City's Code Enforcement Officer was in contact this date with the Manager of "Winn -Dixie" in Gardens Park Plaza re: the truckload sale taking place within their parking lot not being in compliance with the City's Codes. Mayor Monroe noted that the lights for the non- reservation tennis courts are on after 11:00 P.M.; and requested that the automatic timer be re- set /repaired. Mayor Monroe relayed a suggestion made to her by a resident that the Senior Citizens Organization no longer be independent; but rather, be a part of the programs offered by our Recreation and Parks Department. Councilman Martino, current liaison, will discuss this topic with our Recreation Advisory Board. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: MR. SAMUEL Mr. Samuel Carsillo, 10063 Dahlia Avenue, PBG, addressed the Council with some concerns he had re: the City, including the lack of enforcement /implementation of the Code Enforcement Board's ruling of April 4, 1984 on the Code violation by the proprietor of the PGA Mobil Service Station at 4150 PGA Boulevard, PBG (i.e., $50.00 a week from May 4, 1984, until compliance with Article VIII, Section 14(6) (m), Zoning of the City's Code). ATTORNEY PETER Attorney Peter Sachs addressed the Council on behalf of Mr. Frank Kruse, advis- HE7TArF_0F MR. ing that personnel of the City's Administrative Offices refused receipt of the R N�E subject fine on or about Friday, May 11, 1984, which was followed -up by his communication of June 11, 1984, addressing the City Manager. In lieu of seeking relief from the ruling of the City's Code Enforcement Board via Circuit Court, they appealed to the City for a modification to our Code. Attorney Sachs requested that the City Council waive the $50.00 a week fine or make Ordinance 6, 1985 that will be considered for adoption at the current meeting retroactive. CITY COUNCIL REGULAR MEETING, 4118185 PAGE 5 In response to Mayor Monroe, the City Attorney advised that while our Code Enforcement Board is autonimous, the City Council does have the authority to waive the fine levied through administrative channels. Discussion ensued re: this matter during the Council IIs consideration of passage of Ordinance 6, 1985 later in the current meeting. RESOLUTIONS: Per the concurrence of the Council, the City Clerk read, in full, Resolution 9, RESOLUTION 9, 1985, approval of the Plat of "Sandtree Plaza ", a replat of Tract H of the T3$5— "Sandtree" multi - family /commercial PUD. Resolution 9, 1985, was unanimously adopted by the Council. RESOLUTION 14, Per the concurrence of the Council, the City Clerk read, in full, Resolution 14, 1985, appointing members to the Board of Trustees of the Policemen's Retirement Trust Fund. Resolution 14, 1985, was unanimously adopted by the Council. RESOLUTION 15, The City Manager explained that effective January 15, 1976, Robert C. Diamond of 1983 Cornelius, Johnson, & Clark, Inc. was appointed as Agent of Record to act for RESOLUTION 16, and on behalf of the City pertaining to all matters relating to obtaining insur- ance coverage for the City. He suggested that Mr. Diamond be maintained as Agent of Record for all insurance other than medical and life coverage; and that Mr. C. (Bill) Bailey of Bailey Insurance Agency be appointed as Agent of Record for all matters relating to the specialized field of obtaining medical and life insurance coverage. Mr. Bailey addressed the Council explaining he has specialized in group medical and health insurance for approx. 30 years. He has been a consultant and repre- sentative of the Palm Beach County Sheriff's Department for the past eight years; and has saved them almost $932,000 in premiums over that period of time, while improving their benefits. He has represented the City of West Palm Beach for the past five and one -half years, keeping their costs under control and increas- ing their benefits. He has reviewed our health insurance program, and recommended CITY COUNCIL REGULAR MEETING, 4118185 PAGE 6 certain modifications, which our hospitalization carrier agreed with. He has — been a resident of our City for nine years. He has an office in his home, plus, he has an office he works out of in the TransAmerica building in the Village of North Palm Beach. He is a general agent with thirteen companies, including TransAmerica. He recognizes the fact there is no advantage to an Agent of Record or to an insured if health insurance coverage is moved from one carrier to another without good, sound reason. He would educate the City employees of their fringe benefits; plus be available for assistance with medical and life insur- ance claim problems. He assured the Council he proposes to improve the City employees' medical /life insurance benefits. Per the concurrence of the Council, the City Clerk read, in full, Resolution 15, 1985, appointing Mr. Robert Diamond of Cornelius, Johnson, & Clark, Inc. Agent of Record to act for and on behalf of the City pertaining to all matters relating _ to obtaining insurance coverage other than medical and life. Resolution 15, 1985, was unanimously adopted by the Council. Per the concurrence of the Council, the City Clerk read, in full, Resolution 16, 1985, appointing Mr. C. (Bill) Bailey of Bailey Insurance Agency Agent of Record to act for and on behalf of the City pertaining to all matters relating to obtaining medical and life insurance coverage. Resolution 16, 1985, was unani- mously adopted by the Council. ORDINANCES: Mayor Monroe declared the Public Hearing open, which was duly advertised March ORDINANCE 6, 27, 1985, and held on the intent of Ordinance 6, 1985, modifying Article VIII, 7785— Section I4(6) (m), Zoning of the City's Code, re: permitted services at Auto- motive Service Stations. Mr. Samuel Carsillo, who resides at 10063 Dahlia Avenue, PBG, and is a member of our Code Enforcement Board, addressed the Council requesting they give strong consideration to implementing the fine levied by the Board at their meeting of April 4, 1984, against Mr. Frank Kruse, proprietor of the PGA Mobil Service Station. CITY COUNCIL REGULAR MEETING, 4/18/85 PAGE 7 Attorney Peter Sachs addressed the Council on behalf of Mr. Frank Kruse, request- ing adoption of Ordinance 6, 1985, based on their petition dated April 30, 1984. In rebuttal to Attorney Sachs comments re: City personnel's one -time refusal, from Mr. Kruse, of the fine levied by the Code Enforcement Board, the City Manager explained that it was not the intention of the City to give the proprietor relief from code compliance by his weekly payment of the $50.00 fine - perhaps a sum less than the profit gained by non - compliance with Article VIII, Section 14(6) (m) of our Zoning Codes. The City sought Mr. Kruse's compliance with our Code. Plus, the administration knew the fine could be collected retroactively. Attorney Sachs reiterated his request that the fine levied by the City's Code Enforcement Board be waived by the Council or the effective date of the subject Ordinance be made retroactive to April 4, 1984. The members of the Council were not in favor of making Ordinance 6, 1985, retro- active. They were, however, receptive to discussing at a future workshop meeting the separate /unrelated topic of waiving the referenced fine via administrative procedure. With no further comments from members of the audience, Mayor Monroe declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read on second and final reading, by title only, Ordinance 6, 1985. Ordinance 6, 1985, was unanimously adopted by the Council. ORDINANCE 9, By a unanimous vote of the Council, the City Clerk read, by title only, on first I975-- reading, Ordinance 9, 1985, providing for local implementation of the Water Shor- tage Plan of the South Florida Water Management District. Ordinance 9, 1985, will be workshopped by the Council at their meeting of April 25, 1985. CITY COUNCIL REGULAR MEETING, 4118185 PAGE 8 ORDINANCE 10, By a unanimous vote of the Council, the City Clerk read, by title only, on first I.1--- - reading, Ordinance 10, 1985, amending Section 2 -91 of Article V, Chapter 2, of the City's Code by providing for petitioners to be financially responsible for time spent by the City Engineer. Ordinance 10, 1985, will be workshopped by the Council at their meeting of April 25, 1985. PETITIONS AND COMMLNICATIONS: Mayor Monroe acknowledged receipt of communications from: PALM BEACH 1. John H. Flynn, President of Palm Beach Blood Bank, Inc., requesting relief BLOOD BANK from the City's Sign Code in soliciting donors. Mayor Monroe noted that the Palm Beach Gardens Chamber of Commerce has a committee that is reviewing the City's Sign Code. Perhaps the request of the blood bank could be considered by the Council during their discussions on the Chamber's recommendations. P4 _ RF4 2. Robert W. Clinger, Beach Erosion Control Coordinator of Palm Beach County re: COUNTY Palm Beach Countywide Beaches & Shores Council - Interlocal Agreement. MS. SUE ELLEN Councilman Aldred acknowledged receipt of a communication from Ms. Sue Ellen Williams of 10873 Magnolia Street, PBG, re: the need for the City to better enforce our regulations on the placement, for collection, of garbage cans and yard trash. Mayor Monroe also acknowledged receipt of a communication from Ms. Williams, questioning her understanding of Mayor Monroe's comment at the Regular Meeting of April 4, 1985 re: the lack of personnel to enforce this regulation of the City. Vice Mayor Kiselewski reported that he, too, received a communication from Ms. Williams, complimenting him on his idea about an umbrella "Community Appearance Ordinance ". Councilman Feeney complimented the City's Public Works Department on their tree - trimming program. CITY COUNCIL REGULAR MEETING, 4118185 ADWRURNMENT: With no further business, the meeting adjourned at 9:40 P.M.. MAYOR MONROE NICE MAYOR KISELEWSKI fi V'Z F CITY CLERK 1/ PAGE 9 COUNCILMAN MARTINO COUNCILMAN ALDRED _ COUNCILMAN FEENEY F