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HomeMy WebLinkAboutMinutes Council 092084.. hm....,.,e��l.�w. . _ ..w ':W^.itv_.,. �.=2•in '^!'6 a��' ',uA�su ✓�N SiWS+C ?➢Hht�Ld.(.�'7_.__ �'- �'i_�pN lair. nd115. r CITY COUNCIL �- REGULAR k ETING CITY OF ,PALM BEACH GOtRGENS, FLOFInr, . 5EPTC1,I-R R 2;', 1934 T'�,• Re u!,r Mrctin0 of `lie Ci`y Counri of Palm Peach CUrr'eoS, F7nriria, w ?: �N c -' i s ' to order by May�u Mike rMIr'. ino. at 8f 9r' P.M. in the Assemb lv Rr ^m. � Nerth Military Tr,sil, Palm P -r,rh Gardens, i=loTida, nnh cperned with 3 -7e Pledge of 4111legiance to the ,-1ao. s FO,L CALi ;, roll was called by tl,e City Clerk and nresenc were: Mayor IC Mayor Linda A9on: -oe, Counci loran Dick Aldred, and Ccuoci T m 3 n Donald i Lens':_e C, 4-Y Vianager John Orr any Attorney ,illism Brant were silo ;r _SnL,7l�P. (A S^ ^Clay F7cFCLi nn nt Fh^ ^i be hr --_ _ for the ru7ocsc -1-c' -"n,- an inoividual *_n Ci11 re , "12X'5 Leo o,` .ocncilman Ja,n iiej`s, who oassed a'w,3y on 5eot ?,coder 4, ?9d4. ) _ - �.i`d�wL,�`: T` „° - _notes cf the Re;',lar !ieetings rf Jept?mher 6t _n' _3th, 1994, and �hC^ r`sc °tl G �, JeJteRuer �3t.h. 19 CL, 'We -C J• 3n ,�'J ,✓ dc,”' ?se CY r✓Yrtioo announced that 3 me. -ting of the iC %" 13 , ^ink 3nj Zcnin`] w-1 C,_,nvene at ,':3Q P.M., inn iL�JC�aj, .,eC' _Tber 5 1434, REPCR71' - -vcr iii! inC reported tha Ps ci.3c Usre! a' th-j C;' _... :'.'Or S'rC "r eet- n- MAYO,,; _ J saber 13, 1a&�. meet -�of ,ere h;ld on the sub7ecc o' the __`v's 25TH �- ,I'e' -7Y Celebration act-7_vItie_ nnnr_ict1nQ 'w with "YCm Kijpar ", a JeWist, nag a }or Pf. rtlrn c ns'iizer/ tho_, me . ngs 'n, stating: rt e;e 3 ^d Mt'11"-IV th1- LYd;'y, nn eh— C�^ (i''e r r,e;d reoaruinc the sc'ej.r?iag of our 25th Arniversar- Frogran,s on ,eb=r 6th. This dat- Is also significan'; ana senslt ve to the Jewish me o'.rr Czty in hat if is "Yom Kippor ". a 'very high, holy re_llpi,)u3 f heSe oi5t.`us� ions, it was 3vident tha" ao error, r -uman or rrv`se, had bean made irn using the October 6th day: out no way '/'as It City Council Regular Meeting, 9120184 Page 2 COUrNI=NgzJ Councilman KisPi,2wski; member of the Fa1m Bead, Count-21 Seird Waste KISELWSkI_ Authority, reocrted en their all -day meeting yesterday. iie is now Secrelary of the Ou• hor ty. (l�if,V l`LWL/ i - ?r IV. — ;.,ayor *00-o ce r e)r.artod that She. at�onJeo the first o,oe- iaif tle MSC "rRCE - -- - L?t,Yrs Site °lan and Iooearance Review Corxri` tee's meeting .of Septemh r i , jot, The minutes of t bis IGPet ino 17'C on `Ile In th,„ Cit v Cj -,, es k t meant to be insensitive toward any area of our ccnnnuni *y, and more particu- lrrly our Jewish citizens. On Mcnday .e met in the City Manager's office wl th M- . Orr, ;nyseit, ,-juu,1 .;fjuu', ano R„bbi Maz deg who's here _,i the nz,oience; and we again discussed this - ituation and tried to find out hoF, w <' got to where we wf-re. qs 'he diScus:;ton ensuEd, it was, T lu 's, Y mutually resolved that i` was an unfcrtunate late choice; and ve resolved tr^ the activitif^7 co lo' s±and as alanr;ed for continuity purposes. The City Council deeply regrets any and all conflicts with the date a_nd has, resolved that future City - sponsored activities will be planned aro�ne X71 1V sigr1ficant religious holidays regardless or fait,). a ;ro ,a thet v.rs car move forward and do a hetter job next t_`me." I VICE WA 0O; 'rice ; +ayor Mcnroo oi'fereC thrt the rece, v,sd cFore cal::s f7o� three MDN,40E ' m,n,-sters in our commun'ty reounst ng inat the October 6th date for the Citv's parade be changer. R fourth, m!_r,?ster she persenalZy cali;=d 37SC Enccuraced t "is. S,�,n spore :itrr P,:bbi 'Warder several tim25 =- i -c thi past ivee'<; and he axoressed the � %in, s c° things that tha "faro. .elated. S',e felt the peoole rf ^ur ccnxnunity shculd he a?/�re of thiS end be vpr;' crud nF its religious leaders for being s -, sensitive to each otrer. COUrNI=NgzJ Councilman KisPi,2wski; member of the Fa1m Bead, Count-21 Seird Waste KISELWSkI_ Authority, reocrted en their all -day meeting yesterday. iie is now Secrelary of the Ou• hor ty. (l�if,V l`LWL/ i - ?r IV. — ;.,ayor *00-o ce r e)r.artod that She. at�onJeo the first o,oe- iaif tle MSC "rRCE - -- - L?t,Yrs Site °lan and Iooearance Review Corxri` tee's meeting .of Septemh r i , jot, The minutes of t bis IGPet ino 17'C on `Ile In th,„ Cit v Cj -,, es k t City Council Regular Meeting, 9120184 Pane 3R t ITEMS BY HE MAYOR AND COUNCIL: OUNCILMAN Councilman Aldred thanked the leca' 'Yeekday" newsoap;r for accurately LDRED reonrt_i.y his JhougM S regaluing owners that do not have thei street acdresses displayed on their homes /businesses - a response factor for emergency vehicles. Ie also dated the picture of him ;n this o rie. Councilman AIdred reported that hP has received a number of comments con- cerning ambulance service - particularly Inter -City First 41d Squads'. Dedicating his comments to a Mr. Snyder, Councilman Aldred cfferec that the So,iad is, reportedly, charging $300 for ambulance service to deliver a citizen to a hospital; and that, the p cause of the $300reF instead of, pe-haos, the fee of $150 is that 50Z or the cost for them to t,•.snsoort patients to a h-Fs ital a -e ca ^r.i.e. a c °rtain geooraphicai ' e ent. °er vr. Snyder and Councllman 91dred's recollection of what an ° s. officer or Inter -City First qrd Sauad tnid the cu,ncil curing a =esentation ` in the past, residents cf a ..ertain area not remitti,,g fall paycent for services recelveo 5v Inter -City causes the firm to pas_ alone_ cost to _~,'dents of other areas. Councilman ,Il'Jrpd felt anu sugoested that if they cannot come uc with a better system, the _t' Mic.ht oe incumbent upon the City Co,nc 1 :o reque c hat Gain Beady Cointy delerti f_zcatA Inter-City and replace it with ., fnr -prnfl t armb2lance se, . which the Council has already heart wou d orndvice the same se�vL^ at a cnr•siderably less cost to our City. COUNCILMAr,' Councilman KiseloVyski reoorte-d that he, toc, spok° with Mr. S� )Cler; a?Od he dis. ?greed with his recommendation that the City, itself, go into the ambr lance business. Con tman Kisele'_k1 preferred Councilman Aldre -d's su;gestian on handling the situation if the matter doesn't clear up. k Councilman Y,iselewsri encouraged both %Ir. Snyder and his wife to come to the Ce'Inci1 meeting a, write a letter to the Council expressinq t, - thoughts, City Council Regular Meeting, 9120184 Pane 4 Councilman Aldred noted that Mr. Gilbert J. Watts, Commissi)ner of the Town, of Lake Park, had suggested that the tri- cities have a meeting on this tgoic. He recu mended that Mayor Martino perhaps arrange this meeting to discus; the problem, with representatives of Inter -City First Aid Squad there. if in f;c� the information turns out to be as Councilman Aldred has related it, then he would suggest the Council consider a Resolution requesting the Palm Beach County Commission to decertificate Inter -City; and replace them with :a for- profit organization. Councilman Kiselewski noted that when the City made its most recent monetary ° contribution to Inter -City First Aid Squad, our Fire Chief, Edward /Ir­n :s, a became a member of their Board o`f7irec` ors. Our Fire Chief Edward F. Arrants, member of lnter -City First Aid Squad's Board i. of Directors, will be requested to orovide the Council a written report addressing t C ti he comments /concerns brought to the Council s atten� ton by Co- rncilman Aldred did point cut that per all of his inquiries t.hr,s far, p Inter -City First Aid Squad is providing outstanding services - t ",Prom's Frer�-]v a question regarding the cost of their services. , COUNCILNwg1J Councilman KiseIPws.ki suggested that, per aps, the "t-ime ceps Ie °' to be a KISELEWSKI (_ part of the City's 25th Anniversary Celebration include up -to -date aerial # photos of the City, and a prof'essional's video taping of the actual week -long activities. uayor Marti -ro suggested that it also ircljr , cony f of the Palm Beach Gard?ns Chsmber of Commer^a's slide presentation on the Ctfv. ` Councilman Kiselewski referenced a newspaper artrcle re: perry Cable TV's'° AOk Zenith Model STIC86 type decoder boxes operating temperatuze. He suggested thr� Ctty take some positive action to have Underwriters Laboratories, Inc. re- certify that these "black boxes" are safe. the City's Fire Chip,° Edward , grants will be requested to follow -up on this. City Council Regular Meeting, 9/20/84 Page 5 W, ; C&*1ENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: ,IkR. SAMUEL Mr. Samuel Carsillo, 10463 Dahlia Avenue, P6G, addressed the Council re: LLO the need for fire Department sub - stations east of the FEC railroad tracks, in the Lake Catherine a *ea, and at the PGA National PCO: the location of the fire lanes at the Gardens East Shopping Center and Gardens Park Plaza; the location of a full- service post office and library in the City; and the proposed Solid waste Treatment /Resource Recovery Facility. Mr. Carsillo was reminded that a Fire Department sub - station east of the FEC will be realized as a part of the Bankers Land Company 458 -acre PCD. He was also advised that a Regional Post Office will, in the near future, be developed in the proximity of the County Courthouse Northeast Anne,; and a Palm Beach County Library will be located within the office complex on the southwest corner of Military Trail and Northlake Boulevard. MR. LOUIS Mr. Louis Kleiman, 4374 Elm Avenue, PBG. addressed the Council requesting WEIMAN the re- location of a street light at the corner of Elm Avenue and Military Trail and a new sign identifying Elm Street. The City Manager will follow -uc on these items. MR. AL MYERS Councilman Kiselewski. Member /Serret3ry of the Palm Beach County Solid Nas,:e Authority, responded to inquiries of Mr. Albert Myers, Longvacod Condominiums, PBG, re: the proposer' Solid waste Treatment /Resource Ruccve Facility. ORDINANCES: Mayer Martino declared the Public Hearing open, which was duly advertised ORDINANCE 16 August 29, 1984, and held on the intent of Ordinance 16, 1984, repealing 1984 Section 14 entitled ",Required Roo! Covering Materials" of Article VII. General Regular Provisions, Appendix "A ", Zoning of the Cztv's Code. The City Attorney explainer) that Ordinance 15,1975, adopted September 4, 19151 together with Ordinance 11, 1977, adopted October 20, 1977, provide J for the regulation of roof covering materials to be used on the principal structures in certain residential zoning districts of the City. City Council Regular Meeting, 9120184 Page 6 Ordinance 16, 1984, presently under consideration for adoption would repeal Section lv, reverting the yeoolatfons back to non - existence. Councilman Kiselewski noted that the Council's repeal of 5ection 14 �vould in no way affect deed restrictions nor pre -empt one's ability to take action in the enforcement of deed restrictions. Mayor Martino noted that subsequent to exercising a duly advertised Public Hearing of September 11, 1984, the Planning & Zoning Commission recommended to the Council the subject Section of the City's Code not be repealed in total. Mr. Bob Yeager, Cedar Avenue, PBG, addressed the Council opposing the intent of Ordinance 16, 1984. He did suggest that if the Council does repeal the City`s regulations on roof covering materials, the City's Building Department makr ai effort to make a Property owner that is replacino /constructing a roof aware of the possible existence of deed restrictions. Mr. Leon Blanchard, N. Military Trail, PBG, addressed the Council favoring the Council's passage of Ordinance 16, 1984. He feels the current regulations prevents a homeowner from being able to take advantage of the latest roofino materials on the market. With no further comments from members of the public, the Mayor declared the Public Nearing closed. Vice Mayor Monroe advised that the concern voiced by members of the I Planning & Zoning Commission durjng their discussion on a formal recammend- ation to the Council was the possibility of homeowners using tar & gravel. Vice Mayer Monroe noted that the residential zoning classifications of the City have variating density controls; and suggested that Section 14 be amended to the extent of excluding tar d gravel as a permitted roofing material. City Council Regular Meeting, 9120184 Page 7 Councilman Kiselewski felt that it was inappropriate for the regulations to have been imposed initially (i.e.. 197511977), as they do not uniformly affect ..I residentiaj. hrojeLts of the City, incluuing Planned unit Developments, He surmised that the regulations were enacted to help protect those owners of proper,y with deed restrictions that outline an Architectural Control Committee as an approving body Councilmen Aldred felt that the guarantees and protections that the Planning and Commission eluded to are contained in the deed restrictions of each particular area. The individals who place a roof not in conformity with the deed restrictions are placing themselves at risk. He felt it was preferable for the City to have a uniform set of regulations regarding roofing materials. Although he did concur wit. Vice Mayor Monroe that tar and gravel roof's are not acceptable and preferred they be excluded as permitted materials, he was in favor of adoption of the subject Ordinance 16, 1984. in response to Vice Mayor Monroe, the City Attorney advised that the Council does have the power to differentiate from .land to land as far as density controls, architectural controls, etcetera are concerned. Mayor Martino reported that he had a tar and gravel roof on his home for 20 ;ears. Although it did require annual maintenance, it did serve its purpose. He felt the only objection to that type of roofing is aesthetics, and there are homeowners that need to use this more economical material. By _a motion made by Councilman Kiselewski, seconded by Councilman 11dred, the City Clerk read, by title only, on second and final read- ing, Ordinance I6, 1984, repealing Section 14 entitled "Required Roof Covering Materials" of Article VII. General Regulation Provisions, Appendix "A ", Zcninq of the City's Code. City Council Regular Meeting, 9120184 Page 8 A motion was made by Councilman Kiselewski, seconded by Councilman Aldred, Ordinance 16, 1984, be adopted by the Council. Vote on motion: Mayor Martino, Councllman rL.�elewskl, and Councilman Aldred voted aye; Vice Mayor Monroe voted nay. Ordinance 16, 1984, was adopted by the Council by a vote of three ayes and one nay. ORDINANCE 17, The Mayor declared the Public Hearing open, which was duly advertised IgBT-- September 3rd, 9th, and 17th, 1984, and held on the intent of Ordinance 17, 1984, providing for the adoption of the City's 198411985 Fiscal Year's Budget. Members of the public did not address the Council re: their consideration of adoption of Ordinance 17, I984. The Mayor declared the Public Hearing closed. By a motion made by Councilman Kiselewski, seconded by Vice Mayor Monroe, and unanimously adopted, the City Clerk read, by title only on second and final readinn Ordinance 17, 1984. 4 notion was made by Councilman Kiselewski, seconded by Vice Mayor Monroe, Ordinance 17, 1984, be adopted by the Council as read on second and final reading. Discussion on the motion: Councilman Kiselewski noted that in 1985 the Council will consider adoption of a Resolution, recapt,iring the ,monies expended from the City's Recreational Land /Facilities Account for the lighting of "Gardens Park ", which the City's electors were in favor of financing per the March 13, 1984 Special Referendum Election. The C+ty Manager added that the City's Auditor found it acceptable for the City to apply an interest rate to the iqure to be reimbursed comparable to that a lending institution would charge. Ordinance 17, 1984, was adopted by the Council by a unanimous vote. City Council Regular Meeting, 9120184 Page 9 ORDINANCE 18, Mayor Martina declared the Public Nearing open, which was duly advertised 1984 on September 3, 1984, and held on the intent of Ordinance 18, 1984, amend- ing Sec,ion 18 -1 of the City's Charter, providing for Resolutions to be read by title with the City's electors approval at the November 6, 1984 Special Referendum Election, Vice Mayor Monroe explained that the way in which the City's Charter is now written, all Resolutions considered by the City Council for adoption must first be read in full and an Ordinance can be read either in full or by title. Copies of Resolutions and Ordinances are always available for inspection by the public in the City's administrative offices. Passage of this proposition by the City's electors would save a considerable amounL of time at Council meetings. Members of the audience did not address the Council re: their consideration of adoption of Ordinance 18, 1984. The Mayor declared the Public Nearing Closed. BY a motion made by Councilman Kiselewski, seconded by 'Vice Mayo° Monroe, and unanimously adopted, the City Clerk read by title only, on second and final reading, Ordinance 18, 198u. A motion was made by Councilman Kiselewski, seconded by Vice Mayor Monroe, and unanimously passed the Council adopt Ordinance 18, 1984. RESOLUTIONS: By the concurrence of the Council, the City Clerk read, in full, Resolution RESOLUTION 45, 45, I984, levying a tax on non - exempt real J, personal property within the 1984 cozporate limits of the City for the year ending December 31, 1984. Resolution 45, 1984, was unanimously adopted by the Council with the year "1582" in the first "WHEREAS" paragraph amended to read 111983 ". My Council angular Meeting, 9120184 Page 10 RES rLU7 (ON 46. By the concurrence of the Council, the City Cle -k read, in full, 1984 — -- Resolution 46, 1984, increasing the annual salary of the City Manager for trh& 196 %411y85 Fiscal Year. rh 1, ym n tnd that +7r. Oir recently c; 'ct;, loci his loth llnniversary with `_`e City; and recognized his outstanding work performance and dedication. Tt,e ether members of the Council concurred. iFscl'JtfDn 46. 1984 was unanimously adooted by the Council. '?ESOLUTI--;4..7 6v concurrence of the Council, the City Clerk rea,,, in full, i Jy�f Pesolution 47, 1954, rea,peornting various Department Heads & Officers of t+�e City T,�P nfayor complimented the Department Heads, 4ssistant Department Heads, =r all other employees of the City for jobs well done this past year. T'.S other members of the Council concurred. .e_= ^lutLnn 47, 1984, was unanimously adopted by the Council. RESDr_Ui1,'J :'8, 9v the concurrence of the Council, the City Clerk read, n full, r4 — R -399 ut_on 48, 1984, app ^oving & adopting the rant— & minimum &max mum .a.t rie, of the job ciassifications in the Merit System of the City. In response tr Vice M2,nr Monroe, the City rtifaoager explained that the vhlec� .,hart is last year's with the Figur'vs increased by 4% for the -o; - living. with the exception) of the minimum, wages for a few posi- ';_,n: in the `-ire and "olice DesRrtmFnts increased. nn _lut:on 46, 1981, sas unanimously adopted by the Council. 'FIG, UT'C °, _'? By the cnncurrencc of the Council, the City Clerk reau, in ful.i, 49, 15`3 , executing an r:mployment agreement between the City ano nr- rn =,lr, :9each Cavnty police Benevolent association. Cit-v Council Regular Meeting, 9120184 Page 11 Reso_'utron 49, 1984, was unanimously adopted by the Council with the verbiage "and shall cnnti ^ue through September 20, 1986." added to the end of the sentence of _ect,on 3. RCSOLOT10PJ _51, Ey the cor cu rence of the Council, the City Clerk read, in full, Resolution 198/ 51, 1484, providing for modifications to Sections VIII and XVII of the Citv's Merit System Rules & Regulations. Resolution 51, 1984, was unanimously adopted by the Council. 4ESOtUTI!H _? 5y the concurrence of the Council, Vice Mayor Monroe read, in f4_111, Resolutioo 1P84 -- �� 7,1, ;944, placing before the city's electors the questinn of amending the ;ztv's Charter, orovading for Reso?uticns to be read .;y title. Resolution 52, 1?e4, was unanimously adopted by the Council. PESOrU'TUNI 5ti, The Mavor declared the public Hearing open, which was ouly advertised 198, — -- September 3, 1984, and held on the intent of Resolution 56, 1964, per "j.t tang, as a , Genera! fomnerCiai District, "Conditional Use ". the retail sala /service of beer & wine, for on- premise co.sumption, at "The Coffey Exchange" within "Oakbrook Souare" at 71682 u.5. h'ighway X11. Mem,'�prs of thF audiance aid not address the Council re: their consideration of passage of Resolution 56, 1984. The .Mayer declared the Public Hearing clO,�ed. 9y t5e concurrence of tr,e Council. the City Llerk, read, in full, Resolution 56, i98w. Resolution 56. 1984, was unanimously adopted by the Council. RcSrl;_UTION 57, the •fayor declared the Public Hearing npen, which was duly advertised SeU`sTnber 3, 1984, and held on the intent or Resolution 57, I984, providino a variance to the distance requirement of 750' between alcoholic beverage vendors per the petition of "The Coffee Exchange ". h'en`ers of the audiFnce dio not address the Council re: their consideration of oassage of Resolution 57, 1984. The Mayor declared the Public Hearing City - ouncii Regular Moeting, 9120184 Page 17 By the concurrence of the Council, the City Clerk read, in full, Resolution Am 1984. Resolution 57, 1984, was unanimously adopted by the Council. ITEMS FOR DISCUSSION: Cli,R,RENT FOUR- The Mayor not ^d the fact that pending the Special General Election November vEMucR COLNCZL o, 1954, the Council is composed of four members: and inquired as to whether they have any liability to inform the public that a majority vote cf },,`ose Council members present at a meeting is required for passage �'f a measure. The City 4ttorney rendered the opinion they do not. ncalman fciselews�(_i suggested that until Councilman Kiedis' vacancy is fiL)-d, perhaps if the Council sees something coming before them that ;coo -Frs to be controversial and a split vote, they can g ve the petitioner the nptr r, of postponing tneir item. -TITIOTl—'I'JD SOhfd :n IC4T10N,: ;'aver ,'-,arti-io acknowledged receipt of cormunications from: Riff' "IRD P. 1. °icnard P. 'N,iile, Sheriff of Palm Reach County, r_>;tendlry q.stefui AIL LE. - _._B. -J SHERIFF ,nprPCiaticn to our Police Department perso, -,nel for assistinq them in or the subjects that had cr.i,`icall✓ wounded Trooper Fred Groves on Satuliay, Septemher 15, .1384. F'VfILY OF IW?N ,. The family of John 4. kiedis, our 1atr, Council member, acknowledging prat =ful appreciation Che City's kind expression of sympathy. ADJOUR'Jh'E ^,'T 41it,n no further business, the meeting adjcurned at 10:00 P.M., -In'