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HomeMy WebLinkAboutMinutes Council 110482\J 11 C CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS NOVEMBER 4, 1982 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, way called to order by Mayor Klselewski at 8:00 P.M. in the Assembly Room, 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 Kiselewski, Vice �^ Mayor :Monroe, Councilman Kiedis, and Councilman Aldred. City Manager John Orr and Attorney William Brant were also in attendance. (Effective November 2, 1982 Mr. Mike Martino resigned as Councilman, Group 1, to run as a democratic candidate for State Senator, District 27.) MINUTES: The minutes of the Regular Meeting of October 21, 1982, were unanimously approved by the Council, as written. A.NNOiJNCEMENIS: Mayor Kiselewski announced that on Monday, November 8, 1982, at 7:30 P.M., there will be a meeting of the City's Code Enforcement Board; on Tuesday, November 9, 1932, at 7:30 P.M., there will be meetings of the City's Planning & Zoning Commission. Merit System Board, Recreaton Advisory Board, and Fire Department; and on Wednesday, November 10, 1982, at 7:30 P.M., there will be a meeting of the City's Beautification and Environmental Committee. PROCL.kHATIONS: .favor Kiselewski read a Proclamation proclaiming November 7th through 13th, 1982 "Marine Corps Week ". ITEMS BY THE CITY MANAGER: POSSIBLE Pursuant to the discussions at the Regular Meetings of September 2nd and October RECESSING OF 7th, 1982, the City Clerk duly advertised, on October 20th, a Public Hearing to PUBLIC HEAR- ING ON take place at the Regular Meeting of January 20, 1983, pursuant to Chapter DP:VELOPM.nN'I 380.06, 4 (10) (a) (b) (c) (d) Florida Statutes, and 27 F 1.21 of the Florida ORDER FOR BANKERS LAND Administrative Rules for the Development of Regional Impact known as the Bankers COMPANY'S Land Company Regional Center. ( Per State Statutes, the notice shall be published CENTER at least 60 days in advance of the hearing.) The City Manager referenced the communication of November 2nd from Attorney Raymond Royce, authorized agent for Bankers Land Company, requesting that the required 60 -day notice of this Public Hearing not be given to Treasure Coast Regional Planning Council. (Per State Statutes, they would have a maximum of 50 days from receipt of the notice to prepare and submit to the City a report and recommendations on the regional impact of this proposed development, City Council Regular Meeting, 11/4/82 page 2 providing for the minimum of 10 days that the Council would have the agency's ® recommendations for review prior to the public hearing.) At a late: dale, the City will learn the date to whirr the applicant wishes the Council to consider recessing the January 20th public hearing to. If an "unreasonable" period of time, they will have to reapply for DRI approval. REQUEST FOR At the Workshop Meeting of November 11th, Mr. Nick Raich, developer, will 7R? NGCS IN address the Council re: his request to change the building materials they CONSTRUCTION g g MATERIALS IN approved for the zero -lot -line single family homes of the "Beaumont Place" PUD, BEAAUMONT created by the City's Ordinance 4, 1981, on the southeast corner of Military PLACE" Trail and Elm Street. (The plans attached to the Ordinance indicate CBS con- struction; he wishes to use wood instead.) ENDORSEMENT/ ` The members of the Council were in favor of the proposal presented by Ms. Julie OF EFFORTS Noble, manager of Community Programs for Bankers Land Company, that the City OF "WTSHBOOK" endorse and support the efforts of the "Wishbook" committee, composed of CO.PSITTEE — community representatives and chaired by Mr. '?ink Gonzalez, in producing and :nailing to all City residents and businesses a catalog describing the types of donations needed by certain departments and advisory boards of our City and various non - profit organizations. Bankers Land Company and Weekday News will donate printing and costs to produce the "Wishbook "; the postape will be paid for by the City, with the cost, hopefully, reduced by volunteers hand - delivering at least some of them. ITEZLS BY THE 'MAYOR AND COUNCIL: MAYOR KISELEWSAI Mayor Kiselewski referenced a memo from Vice Mayor Monroe re: scheduling a meeting with Dr. John DeGrove and Dr. James Nicholas of Fiorida Atlantic University to receive input on possibly establishing a committee to continually update the City's Comprehensive Land Use Plan. The Mayor will follow -up on this. COIMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE mfr: MR. SAMUEL Mr. Samuel Carsillo, ID063 Dahlia Ave., PBG, adaressed the Council re: the CARSILLO possibility of having joggers wear reflective belts for better visibility while jogging through the City. It was sug;csted to have the Police Department give jo « ers a verbal warning to either jog on the pedestrian /bicycle paths or wear reflecLors. MR. ROBERT In response to Mr. Robert Hamner, 4265 Hyacinth CirrIe No-th, PBG, the Mayor H5WE advised of the time schedule for consideration of amending the restrictions setforth in the City's Ordinance 13, 1982 re: parking on the paved and unpaved portion; of the City's road rights -of -way. The amending Ordinance City Council Regular Meeting, 11/4/82 Page 3 (i.e., Ordinance 23, 1982) will be considered for adoption by the Council sub- ® saquent to exercising a Public llcaring at their Regular Meeting of December 16th. In the merintime, the City- Manager w111, per the concensus of the Council, instruct the Police Department to use "the common sense approach" when enforcing the City's current parking restrictions during the upcoming holiday season. INTERVIEW OF APPLICANT FOR "GROUP 1" CITY COUNCIL SEAT, WHICH BECAME VACANT NOVEMBER 2, 1982 Mr. Willa.= Yarick, 4235 Hickory Drive, PBG, was interviewed by the Council as an applicant for temporary appointment to the "Group 1" seat. (Mr. Mike Martino resigned from the Council pursuant to Chapter 99.012, Florida Statutes; and was eliminated as a democratic candidate for State Senator, District 27, in the 1st Primary Election held September 7th. If /when the Council appoints an individual to fill his vacancy by adoption of a Resolution, he /she would hold that seat until the City's General Election on March 8, 1983 per Section 4 -4 of the City's Charter.) RESOLUTIONS: During the discussion on the intent of Resolution 48, 1982, providing for RESOLUTION 48, temporary appointment to the "Group 1" Council seat: Councilman Kiedis nominated Micheal Martino, stating that he felt the Council Am owed the City's residents the continuance of the services he has rendered since the beginning of his career as Councilman. He offered that many of the City's Ordinances, adopted and pending, were initiated by Mr. Martino and /or included his thoughts; and that he served the City with integrity and intelligence, (Mr. Martino has been a Councilman of the City approx. 9 years, collectively, in the past - 10/5/72 through 3/15/80 and 3/19/81 through 11/2/82.) Vice Mayor Monroe related that she had some concerns re: the State's "Resign - To -Run" Law (i.e., Chapter 99.012, Florida Statutes). She found that in talking with certain individ,ials, including several past and present State Senators, the a.ntent of this law that requires a public official with a term of office that runs concurrently with any part of the term of office sought to resign a minimum of 10 days prior to the 1st day of the qualifying period for that office - to be effective not later than the date upon which he /she would assume office, if elected - is unclear, as written, to them too. There are various ideas re: the law's purpose snd what it provides for. Vice Mayor Monroc offered that at the very beginning of the law, it refers to the .fact that the resignation shall create a vacancy thereby permitting persons to qualifv as candidates for nomination and election to the office in the same manner as if their term were otherwise scheduled to expire; and that if the Council had received Mr. Martino's letter of resignation as early as it was City Council Regular Meeting, 11/4/82 Page 4 dated (June 23rd), rather than in August, perhaps the legal possibility of using th. State Statutes in filling the position and guaranteeing the residents an elected, rather than an appointed, persou could have been investigated. She did learn from the Attorney General's office in Tallahassee and various State Senators one that resigns pursuant to the law cannot withdraw it (i.e., it is final /irrevocable.) Vice mayor Monroe indicated her preference that what she and others in higher in office feel was intended by the law be followed; and recommended that the Council consider, as a priority item, the formulation of recommended amendment$ to the State's "Resign -To -Run" law, making them known to the Palm Beach County LcRislative Delegation. Also, amending our City Charter to include clear rules of procedure to follow for all instances of vacancies. Mayor l :iselewski offered that he did not share the same conce t of Vice Mayor Monroe, as the City Attorney had rendered the opinion Mr. Martino could be an applicant for the vacancy he created. He felt the City needed five people to direct it; and that the vacancy should be tilled by someone that is qualified and knows how our City works. Of all the eight applicants for the position, he felt two of them were outstanding and had the experience necessary - Michael Martino and Samuel Laurie, both Council members for several years in the past. Mayor Kiselewski referenced the City's last General Election when Mr. Martino defeated Mr. Laurie; and offered that because the City's electorate chose Mr. Martino, he felt he should continue to serve (i.c., be temporarily appointed) until the City's General Election nest March, when the electors will decide who will hold the "Group 1" seat. Councilman Aldred offered his analysis of the State's "Resign -To -Run" law. Although it, at least on the surface, appears to have the intent that one is to give up his /her position to run for higher office, there are flaws. While public officials are required to resign to qualify as candidates for State office, those qualifying for Federal office are not, providing for inconsis- tency /unfairness. Also, resignations should be required to be effective the date of qualifying, because there are "too many unanswered questions ". E City Council Regular Meeting, 11/4/82 Page 5 Councilman Aldred offered that he believed Mr. Martino had met the technical qualifications of having resigned to run; and that he should be appointed to the position he resigneu from. He referenced the views he expressed during the Council's consideration of adoption of Ordinance 17, 1981, repealing the City's Code of Ethics; and related that he felt the State's election laws are not locally appropriate either. By the unanimous concurrence of the Council, the City Clerk read, in full, Resolution 48, 1982, with the name "Michael Martino" inserted in the blank of Section 1. Resolution 48, 1982 was unanimously adopted by the Council. The City Clerk administered the Oath of Office to Michael Martino as the "Group 1" Council member. Members of the Council commended all of the applicants for temporary appointment to the "Group I" seat for their initiative and interest in the position; and encouraged them to con,ider becoming candidates in a future General Election of the City. They also encouraged them Lo 'ecome involved as members of the City's advisory boards. RESOLUTION 49, By the concurrence of the Council, the City Clerk read, in full, Resolution 1952 49, 1982, reappointing Mr. Tom Schwartz a member of the City's Recreation Advisory Board. Resolution 49, 1982 was unanimously adopted by the Council. RESOLUTION 50, By the concurrence of the Council, the City Clerk read, in full, Resolution 50, 1982 1982, amending the City's Merit System Rules and Regulations by increasing "sick leave" earned monthly by certain City employees (non — unionized) from seven hours to eight hours. Resolution 50, 1982 was unanimously adopted by the Council. PETITIONS AND COMMUNICATIONS: GOVERNOR BOB Mayor Ki.selewski acknowledged receipt of a communication from State Governor GRAHAM Bob Graham, advising of the "Energy Efficiency in Florida's Public Water and Wastewater Systems" program available. ADJOURNMENT: With no further business, the meeting adjourned at 9:11 P.M..