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..