HomeMy WebLinkAboutMinutes Council 021579CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 15, 1979
The Regular Meeting of the City Council of Palm Beach Gardens was
called to order by Mayor John Kiedis at B: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 Kiedis,
Vice Mayor Laurie, Councilman Aldred, Councilman Feeney, and Councilman
Martino. Attorney William Brant and City Manager John Orr were also in
attendance.
MINUTES: The minutes of the Workshop Meeting of February 8, 1979, were unanimously
approved by the Council, as written.
ANNOUNCEMENTS: The Mayor announced the following:
A 701 Citizens Advisory Committee Meeting will convene at 7:30 P.M. on
Monday, February 19, 1979.
A meeting of the Recreation Advisory Board will take place on Tuesday,
February 20, 1979, at 7:30 P.M.
A PBGYAA General Membership Meeting will take place on Wednesday, February
21, 1979, at 8:00 P.M.
Mr. McDaniel of the Co. Property Appraiser's Office will be at City Hall
from 9:00 A.M. - 4:00 P.M. on February 20, & 21, 1979 to take applications
for Homestead Exemption.
PROCLAMATIONS_ Mayor Kiedis read a Proclamation proclaiming February 18 -24, 1979, "BIG -
BROTHERS - BIG SISTERS APPRECIATION WEEK" in the City.
BID OPENINGS: The one bid received by the City was opened and read by the City Clerk
for one (1) Kawasaki Police 1000, as duly advertised January 8th & 9th,
KAWASAKI POLICE 1979, as follows:
IIT��
Kawasaki Dynamics, North Palm Beach - $4685.75 F.O.B. Lincoln, Nebraska.
Freight charges will be approximately $150.00. Delivery will be within
30 days of receipt of purchase order.
The bid was referred to the City Manager for further review and recommenda-
tion to the City Council.
City Council Regular Meeting, 2/15/79
Page 2
TWO MALIBU The one bid received by the City was opened and read by the City Clerk
POLICE CARS for two (2) new 1979 Chevrolet Malibu Police Cars, as duly advertised
January 18th & 19th, 1979, as follows:
Roger Dean Chevrolet, West Palm Beach -
1979 1AT19 $6488.96 each 2 5 $12,777.92
Less Trades 2 (9 1,700.00
$11,077.92
This price does not include the price of a Spotlight Left Hand Unity
Model #225. Spotlight can be ordered, price will be what invoice is on
that particular option.
The bid was referred to the City Manager for further review and recommenda-
tion to the City Council.
CONDITIONAL APPROVAL OF PRELIMINARY PLATS FOR RAINWOOD EAST AND RAINWOOD WEST SUBDIVISIONS
At their meeting of February 6, 1979, the Planning and Zoning Commission
formally recommended to the Council Conditional Approval of the Preliminary
Plats for the 17.38 -acre Rainwood East and the 12.27 -acre Rainwood West
Subdivisions proposed by PGF Enterprises, Inc. to be located on the south-
east and southwest corners of Alamanda Drive and Burns Road, respectively.
Mr. Mike Rose of PGF Enterprises reviewed with the Council and members of
the audience the preliminary plats of the proposed subdivisions, including
the sidewalks, decorative fencing, and landscaping they propose to locate
along the plats' northern perimeter, Burns Road.
Letters were on file with no adverse comments regarding the plats from
the City's Fire Chief and Public Works Directors. Also on file were
preliminary landscaping plans for the subdivisions.
Mr. Rose related that the recommendations of the City's Consulting Engineer,
Howard Searcy, outlined in a communication dated February 5, 1979, will be
satisfied prior to submittal of the plats for final approval.
Mayor Kiedis recommended that the names of the subdivisions not be
repetitively included in the names of the roadways.
Mr. Rose will request recommendations from the City's Beautification and
Environmental Committee in the selection of trees for the subdivisions.
City Council Regular Meeting, 2/15/79
Page 3
A motion was unanimously adopted by the Council that they grant
Conditional Approval of the Preliminary Plats for the Rainwood East and
Rainwood West Subdivisions, as presented this evening and prior meetings,
both before the City Council and the Planning and Zoning Commission,
owing to the fact that all the requirements placed upon the individuals
(the applicants) have been met to date, and they have attested that any
remaining information will be forwarded prior to final plat approval.
RESOLUTIONS: By a unanimous vote of the Council, Resolution 14, 1979, granting a
RESOLUTION 14, temporary conditional use to Colony Insurance Agency for a mobile building
1979— to be located at 4245 Northlake Boulevard, was read in full by the City
Clerk. Resolution 14, 1979, was unanimously adopted by the Council.
RESOLUITON 15, Resolution 15, 1979, supporting Senate Bill 83 in an effort to reduce
1979 drug smuggling, was read in full by the City Clerk by a unanimous vote
of the Council. Resolution 15, 1979, was unanimously adopted by the
Council.
RESOLUTION 16, With the name George Bayer inserted in Section 1, the City Clerk, by
I77T— a unanimous vote of the Council, read in full Resolution 16, 1979,
appointing a member to the City's Site Plan and Appearance Review Committee.
Resolution 16, 1979, was unanimously adopted by the Council.
ORDINANCES: Mayor Kiedis declared the Public Hearing open, which was duly advertised
ORDINANCE 1, January 24, 1979 and held for the purpose of receiving public input re:
l777— the intent of Ordinance 1, 1979, requiring underground telephone and
cable T.V. lines to be installed a minimum of 12" in depth.
There wasn't anyone in the audience that spoke for or against the proposed
Ordinance. Mayor Kiedis declared the Public Hearing closed.
It was noted that the data requested from Perry Cable T.U. to support
their request at the February 8, 1979 meeting for the delay of the passage
of this Ordinance had not been submitted for the Council's review.
By a unanimous vote of the Council, Ordinance 1, 1979, was read in full
on second and final reading by the City Clerk. Ordinance 1, 1979, was
unanimously adopted by the Council.
City Council Regular Meeting, 2/15/79
Page 4
ORDINANCE 2, Mayor Kiedis declared the Public Hearing open, which was duly advertised
I777 January 30th and 31st, 1979, and held for the purpose of receiving public
input re: the intent of Ordinance #2, 1979 (An Ordinance of the City of
Palm Beach Gardens, Florida, abolishing all of the offices, job titles
and job classifications and descriptions of all personnel presently
employed by the City in the Police Department and terminating the employ-
ment of all of said personnel; and, providing for the creation of the
office of Public Safety Officer of said Police Department; and providing
for police services for the City on a service contract basis with the
Sheriff of Palm Beach County; and, further providing for the repeal of
all Ordinances or parts of Ordinances, and all Resolutions or parts of
Resolutions, and any part of the Palm Beach Gardens Code, in conflict
herewith; and, providing that this Ordinance shall not be made part of
the Palm Beach Gardens Code; providing for an effective date hereof.).
Public hearings /forums were scheduled by the Council at their meetings
of December 7, 1978 and January 11, 1979 for the purpose of receiving
public input re: the proposed Law Enforcement Services Agreement, duly
posted, and exercised exclusively at their Workshop Meetings of January
11, 1979 and January 25, 1979. Public input was also received during
the course of prior regularly scheduled meetings of the Council.
Attorney Brant reported on the "opinion" of Attorney General Jim Smith
he filed this date with the City Clerk re: the proposed Law Enforcement
Services Agreement, which stated, in part "Approval by Department of Legal
Sffeirs not required for agreement between Sheriff of Palm Beach County and
the City of Palm Beach Gardens concerning law enforcement. 5163.01, F.S. ".
The Council received comments and, together with the City Manager and City
Attorney, answered inquiries from members of the audience re: the proposed
Law Enforcement Services Agreement, including Mr. Wallace Daley, 10131
Seagrape Way; Mr. Gordon Hunter, 4388 Elm Ave.; Mr. Ed Weimer, 4320
Hawthorne Ave.; Mr. Bill Quinn, 4370 Fushia Circle S.; Ms. Regi Bellefond,
4123 Oak St.; Mr. Paul LaChance, 10190 Dasheen Ave.; Mr. M. E. Chilstrom,
3871 Bluebell St.; Mr. Steve Godfrey, 591 Riverside Dr.; Mr. Bill Markham,
10330 N. Military Tr.; Mr. Ron Cardoze, 9787 Gardenia Dr.; Mr. Sam
Carsillo, 10063 Dahlia Ave.; Mr. Alanson Varney, 3310 C. Meridian S.; Ms.
Janet Latina, 4284 Gardenia Dr.; Ms. Kathy Potts, 444 Riverside Dr.; Mr.
Ted Solmes, 4415 Althea Way; Mr. Armond Terzi, 9790 N. Military Tr.; and
Mr. Jerry Kusek, 4241 Crestdale St.
City Council Regular Meeting, 2/15/79
Page 5
During the Public Hearing, Councilman Aldred related his viewpoints
as to the advantages /disadvantages of the transfer of the Law Enforcement
Functions for the City; and stated that while he agreed with the legal
interpretation of the City's Charter that the Council indeed had the
authority to enter into the agreement, he couldn't support the passage
of the subject Ordinance, without the City holding a Special Referendum
Llection on the issue.
Vice Mayor Laurie and Councilman Martino individually stated their reasons
for being in favor of the transfer of services.
Councilman Feeney publicly thanked the members of the audience for their
input re: the Agreement, as their comments /recommendations were instru-
mental in the betterment of the document.
Mayor Kiedis declared the Public Hearing closed.
The Members of the Council were individually polled and Councilman
Feeney, Vice Mayor Laurie, Councilman Martino, and Mayor Kiedis concurred
that they were not in favor of the City holding a Special Referendum
Election on the Agreement, as the City's Charter adopted by the City's
electors, affords them, the Councilmen they elected, the responsibility
of acting on their behalf on the issue before them; and pursuant to this
responsibility, they have determined the transfer would be in the best
interest of the City, as the same level of police services would be main-
tained at a substantial cost savings to the City's taxpayers. Councilman
Aldred didn't have any further comments.
By a vote of 4 -1, the City Clerk read Ordinance 2, 1979, transferring
Law Enforcement Functions from the PBC Police Dept. to the Sheriff's Dept.
under a Contractural Agreement, in full. Vote on motion: Mayor Kiedis,
Vice Mayor Laurie, Councilman Feeney, and Councilman Martino voted aye.
Councilman Aldred voted nay.
City Council Regular Meeting, 2/15/79
Page 6
A motion was made by Vice Mayor Laurie, seconded by Councilman Feeney,
that the Council adopt Ordinance 2, 1979, as read in full by the City
Clerk on second and final reading. Vote on motion: Mayor Kiedis, Vice
Mayor Laurie, Councilman Feeney, and Councilman Martino voted aye.
Councilman Aldred voted nay. Ordinance #2, 1979, was adopted by the Council.
ORDINANCE 3, City Attorney William Brant outlined the purpose for consideration of
I177-
Ordinance 3, 1979 (Executing an agreement with the Sheriff of Palm Beach
County) on an emergency basis, was that the City Council had adopted
Ordinance 2, 1979, and the services provided for in the agreement attached
to Ordinance 3, 1979 are required to be implemented.
The Council made the following revisions to Ordinance #3, 1979, and its
attachment, the Law Enforcement Services Agreement:
Ordinance #3, 19,79
The name "Richard Wille," was deleted from the fourth line of Section 1,
and the word "the" was placed in its stead.
Law Enforcement Services Agreement
The name "Richard Wille," was deleted from the third line of the first
paragraph, and the word "the" was placed in its stead.
The verbiage "the City of Palm Beach Gardens ", "1st ", and "March, 1979"
were inserted in the three blanks of sub - section 10.1 1, respectively.
City Council Regular Meeting, 2/15/79
Page 7
Law Enforcement Services Agreement (Contd)
The name "Mayor John Kiedis" was deleted from the second line of
sub- section 22.1, and the words "Mayor of Palm Beach Gardens" were
placed in its stead.
The name "Sheriff Richard P. Wille" was deleted from the second line
of sub - section 22.2, and the words "Sheriff of Palm Beach County" were
placed in its stead.
The date of the joint execution of the Agreement will be inserted in
the blank of the first paragraph of the Law Enforcement Services
Agreement.
By a vote of 4 -1, the City Clerk read Ordinance #3, 1979, in full as
amended, on first reading. Vote on motion: Mayor Kiedis, Vice Mayor
Laurie, Councilman Feeney, and Councilman Martino voted aye. Councilman
Aldred voted nay.
By a vote of 4 -1, the City Clerk read Ordinance #3, 1979, by title only,
on second and final reading on an emergency basis. Vote on motion: Mayor
Kiedis, Vice Mayor Laurie, Councilman Feeney, and Councilman Martino
voted aye. Councilman Aldred voted nay.
A motion was made by Vice Mayor Laurie, seconded by Councilman Feeney,
that the City Council adopt Ordinance 113, 1979 on an emergency basis.
Vote on motion: Mayor Kiedis, Vice Mayor Laurie, Councilman Feeney, and
Councilman Martino voted aye. Councilman Aldred voted nay. Ordinance #3,
1979, was adopted by the Council.
A transitional document addressing: (1) the employment, (2) the handling
of the base station, and (3) the pension plan will be considered for
adoption, by Resolution, at the City Council Regular Meeting of March 1,
1979. This Resolution will be workshopped at the meeting of February 22,
1979.
RLSOLUTIONS: City Manager John Orr prefaced the Council's consideration of adoption
RESOLUTION 17, of Resolution 17, 1979 by stating that per the City's Charter, it is
1979 required the City Manager make a recommendation to the Council for the
termination of employment of the City's Chief of Police; and that he is
recommending the adoption of this Resolution based on the Council's
adoption of Ordinances 2 and 3, 1979 this date.
City Council Regular Meeting, 2/15/79
Page 8
RESOLUTION 17,
By a vote of 4 -1, the City Clerk read in full Resolution 17, 1979,
T77T_
terminating the employment of William T. Edwards as Chief of Police
of the City. Vote on motion: Mayor Kiedis, Vice Mayor Laurie, Councilman
Feeney, and Councilman Martino voted aye; Councilman Aldred voted nay.
A motion was made by Vice Mayor Laurie, seconded by Councilman Feeney,
that the Council adopt Resolution 17, 1979. Vote on motion: Mayor
Kiedis, Vice Mayor Laurie, Councilman Feeney, and Councilman Martino
voted aye; Councilman Aldred voted nay. Resolution 17, 1979, was adopted
by the Council.
COMPENSATION
The City Manager reviewed with the Council his recommendations outlined
OF POLICE DEPT.
PERSONNEL
in a communication dated February 6, 1979, re: the compensation of
Police Department Personnel in the event the Law Enforcement Services
Agreement was executed.
A motion was unanimously adopted by the Council that they adopt the City
Managers recommendation for the disbursement of funds for the Police
Department personnel upon the adoption of the Law Enforcement Services
Agreement. This outline has been attached and made a part of these
minutes.
�. ITEMS FOR DISCUSSION:
REPAIR OF EAST Per the recommendation of the City Manager, the Council unanimously
MEMBERSHIP TEN- adopted a motion that the City Manager be authorized to expend the amount
NIS COURTS
of $1,100 to enact Proposal del of A. G. Surface Coatings, Inc. for the
repair of the East Membership Tennis Courts; monies to be taken from the
Federal Revenue Sharing Account. The City Manager was requested to post
a notice at these tennis courts advising that this repair is only temporary,
and the problem, as a whole, will be addressed at a later date.
PETITIONS AND COMMUNICATIONS:
Mayor Kiedis acknowledged receipt of the following:
FLA. DEPT. OF 1. A letter of response from Mr. Tom B. Webb, Jr. of the Fla. Dept. of
TRANSPORTATION Transportation to the City's Resolution 6, 1979, re: the alleviation of
the traffic problems at the intersection area of PGA Boulevard and the
Florida Turnpike ingress /egress lanes.
P. B. CO. PLAN- 2. A letter of response from Mr. T. 0. Bennett, Exec. Dir. of the Planning,
G DEPT. Zoning, and Building Dept. of Palm Beach County re: the rezoning of
properties to commercial on Prosperity Farms Road by the City.
City Council Regular Meeting, 2/15/79
Page 9
INVITATION TO 3. An invitation from Ms. Sandra Manning, Coordinator of the Palm
T77NT— PYCIAL Beach County Special Olympics, to attend their 8th Annual Special
OLYMPICS
Olympic Games, to be held at 9:00 A.M. on March 17, 1979, at John I.
Leonard High School.
LIGHTS OUT AT 4. A memorandum from Leonard Devine, the City's Director of Public Works
PLANT DR. PARK advising that approx. 90 lights are not burning at Plant Drive Park.
PETITIONS OF The Council will be provided for their review copies of the petitions
MR. DRS received from Mr. E. P. Desrochers for variances to the City's Landscape
and Zoning Codes.
ITEMS BY MAYOR AND COUNCIL:
RESOLUTION RE: The City Attorney was requested to prepare a Resolution re: the potential
PURCHASE OF purchase of Seacoast Utilities by the City. This Resolution will be work -
SEAC] TUTIL-
IT E shopped at the meeting of February 22, 1979. The City Manager was requested
to contact the Town of Lake Park and the Village of North Palm Beach re:
their monetary participation.
ORGANIZATIONAL An organizational meeting (i.e., appointment of a member of the Council as
7117T77— Mayor and another as Vice -Mayor of the City) will take place at the Regular
u
Meeting of March 15, 1979.
REPORTS: Mayor Kiedis reported on the Planning and Zoning Commission Meeting of
February 13, 1979. The minutes are on file in the City Clerk's Office.
ADJOURNMENT:
,_,
Councilman Feeney reported on the Tri --City Meeting of February 12, 1979.
The topic of discussion was the possible purchase of Seacoast Utilities.
Mayor Kiedis reported on the Beautification and Environmental Committee
Meeting of February 14, 1979. The minutes will be placed on file in the
City Clerk's Office.
With no further business, the meeting adjourned at 11:40 P.M..
City Council Regular Meeting, 2/15/79
11.
may,
" MAYOR KIEDIS
VICE MAYOR LAURIE
ki
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CITY CLERK
Page 10
OILMAN ALDRED
-1
C NCI FEENE
it
1
COUNCILMAN MARTINO
February 6, 1979
TO: Mayor and Members of the City Council
FROM: John L. Orr, City Manager
Gentlemen:
Should the City accept the Law Enforcement _- reenent with the
Sheriff;s Department, I would reco:raTtend that the 'Police Depart-
ment Personnel be compensated as follows:
1) The 10% pay increase budgeted for 1978 -79 be paid, retroactive
to October 1, 1978.
2) All qualified personnel be paid for unused vacation time for the
year 1978 -79 at his /her current rate of pay.
3) Any accrued unused compensatory time be paid at straight time
rate of pay (in accordance with the records of unused compen-
satory time for each person, as provided to ne by the Chief of
Police.)
4. Sick Leave pay for all qualified personnel be paid at straight
time rate, with 1 day's pay for each 3 days of accumulated,
unused sick leave.
5) Pension pay will be in accordance with the Retirement Plan
for Police Officers of the City of Palm Beach Gardens;
Group Annuity Contract No. GP.- 1329B./GR -1329A for Civilian Personnel
6) Croup Insurance: Effective date for removal of Life Insurance
Policies and Hospitalization would be 30 days after the effective
date of the changeover from, PBG Police Department to the Sheriff's
Department. This would provide continuous insurance coverage in
case of unforeseen adversity.
Item 1) applies to Patrolmen and Sergeants
Items 2) through 6) applies to all Personnel of the Police
Department.
John L. Orr
City Manager
Palm Beach Gardens
Approved by the City Council, 2/15/79.
Note: The above will become- effective upon finalization
'� of the Service Agrecment with the Sheriff's DeparLweat.
,., . .. . � vw -..� ,.. .. pt ic+.rys,..: wT ^.b - . 7.[071, - -, •w.r-- . - •-- - ..� . .._ � -
PROPOSAL SuBsiffTED TD
City of Palm -3each Gardens
STREET
10500 N. Military Trail
CITY STATE AND ZIP CODE
Prjapa ,sal Page No. 1 of 1 Pages
A. G. SURFACE COATINGS, INC.
117 Mill ter Way
LAKE PARK, FLORIDA 33403
Phone 844.1346 C3ATIFICATION SPECIALTY Dig. U -8709
PHONE I DATE
522-200 January 2 .- 1979
$OR NAME SURFAC-E RESTORATION AND RaSL" ?,cACI-NG
SYSTEM ON EAST M M13 dSHIP COURTS ,4 courts in
Jog LOCATION 2 batteries (2 -+- 2) Area 2,3SO sq. yds
Palm -�?ach Gardens, Florida 33 +U3 seen Play - Red Cerineter. Also net post reTI
ARCHITECT DATE Of PUNS _ Palm Beach Gardens Tena_ s Col lPITIMP..r•L
I �
We hereby submit specis—t —and estnrt loi;4o proposal as follows:
Wor's to be performed con fists of furnishing all required labor, :materials and insurance to
complete the follo -wing work. Materials to be used will be Tech -Tone Line as manufactured by
Cosmicoat, Inc., and shall be applied in conformance with Manufacturer's Specifications aad
as follows:
PROPOSAL t.
i. Remove two net posts (inside - north 2 courts) which are out of plum and lifting out of
their concrete placements. Replace in concrete according to regulation.
2. Remove four (4) existing unsafe ratchet reels, and replace with four (4) new Safety ratchet
reels (kith removable handles).
3. Apply to all working cracks Acrylic Mastic Sealant - Green in the play areas - Red in
the Perimeter areas, to reduce tha conspic:tousness of this repair wort.
4. Touch up with Acrylic Finish Coat - IFID PEILLM -7TE -1 A?,!---,%S MIA - bare soot areas.
Labor,material ane insurance ------------- - - - - -- $1100.00
PROPOSAL 11. (ECC;_N_,-tY - SYSTE.`i).
Sam: as Proposal zoovi AND .1i 50 THE rOLLYd ?vG:
1. - 2. 3. 4. as above.
15. A22iY: Blend Goat as follows: Blend coat eo- aprises a mi -a ur_ of Te_h -Tone Filler Kote and n{
Tet.h -'lone Finish Coat. k
2 - coats Bland coat - G2Ec._i - in 'lay Areas.
1 - coat Ble;±d Goat - "D - it 2 -_natn_r `sr aa3. _
1:1 ` 'i_3l itAV' %'12 '_C= 'l. _��nJ�. ��' L`1� 'i�1., -our tWI _.. _i_ _ nDw
end �v:.1L
courx:3 to reo- 'ulatlon. j
t �Prd pn_-iP hereby to furnish material and labor - complete in accordance with above specifications, for the s: --t of j
T oY IT. _ dollars
Pay -,nt to t,_ made as fotlo� s
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Aft mit -rr if r: pup r r nte•cl to Ir is stdird An —11, to I, — Pletrd t a
a-0,d wu nmanlr4^ ' / - j
nner n r. abng to st. d p-11— s Any Mt—t- - or d—t•nn trnrn above sp-d— A0,han= °d
too s r .r.iv�np �.fra costs mtf I— only
uf» rrtt ml will brc
nari. n .irM of ibv r - ti -n,.tr Ali a rnt4M rn ntiny.n n/x.n sinFrs arC �Irn15 '1 •I l k L I 7C
f.rc t-y -d o onhnl oan•r M carry fire tnroaao and osrtar n.coca r.Y rn nr,nc Nntr 7 Ms protvtcal mny be
fnlfyrr —I Iy wnrtm.n s c_: 1- Insora wilhdra Hn bf erl if t 2�Ceptad wdhm.�., da,
_- ,..t t,; �,, .� �. •.; r7 -; - .fir ;n, r•l.l r• .i ..r .22 -
rcz~ i1r1Ck� rTf w7i li�l?ilA -The helve prices. si`cl'Icallons
and conddronc are sahsf.rct,ry and Ar- hereby acrcpted You are authorized S'Frt,hlre
to •;n tna wnrk As ;pPilhKf Payment will be made as ooll —I above
D,t. of A'rr- ptance _ _
signature - -- ,�
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