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HomeMy WebLinkAboutMinutes Council 030179CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MARCH 1, 1979 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor John Kiedis 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 Kiedis, �— Vice Mayor Laurie, Councilman Martino, Councilman Feeney, and Councilman Aldred. Attorney William Brant and City Manager John Orr were also in attendance. MINUTES: The minutes of the Workshop Meeting of February 22, 1979, were unanimously approved by the Council, as written. ANNOUNCEMENTS: Mayor Kiedis announced that meetings of the City's Merit System Board and Recreation Advisory Board will take place on Tuesday, March 6, 1979, at 7:30 P.M.. Also, the groundbreaking ceremony of the PGA National will take place on Friday, March 2, 1979, at 2:00 P.M.. PROCLAMATIONS: Mayor Kiedis read Proclamations proclaiming March, 1979 "Red Cross Month" and March 4, 1979, "Palm Beach County Sports Hall of Fame Day" in the City. PRESENTATION OF PLAQUES TO JOHN DE YOUNKS AND BENNIE LEE MORGAN FOR 10 YEARS SERVICE WITH THE CITY Mayor Kiedis, assisted by Public Works Director Leonard Devine, presented plaques to John De Younks and Bennie Lee Morgan for 10 years service with the City. These gentlemen have been employees of the City's Public Works Department since February 18, 1969 and March 24, 1969, respectively. PRESENTATION BY DR. FRED HAY AND MR. HOWARD JOHNSON OF SCHOOL PLANT PLANNING RE: PROJECTED PLANS OF THE SCHOOL SYSTEM IN THE NORTHERN PALM BEACH COUNTY AREA At the Palm Beach Gardens High School Advisory Council Meeting of January 29, 1979, Jack Hanson, the City's Building Official, and Dr. Fred Hay, Director of School Plant Planning, made comprehensive reports re: the projected school age population of Palm Beach Gardens. City Council Regular Meeting, 3/1/79 Page 2 As requested by the Council, Dr. Hay and Mr. Howard Johnson of the School Plant Planning Department of the Palm Beach County School Board were in attendance to address the projected plans of the school system for expansion of school facilities in the northern Palm Beach County area and their formula for calculationg projected school age populations. Dr. Hay related that Public Education Funds from the State is the school systems major source of Capital Outlay monies. The monies the School Board proposes to borrow this year from the State, which is 7 times their yearly allocation, for the construction of a high school in the Lake Worth /Lantana area, will commit them to a repayment policy of 80% per year to be deducted by the State from Palm Beach County's yearly alloca- tions. This loan would basically place them in a holding position until that money is repaid, unless there is a drastic change in the State- funding formula, which is not anticipated. The School Board's Capital Outlay Plan, adopted November, 1978, included an additional high school and possibly another elementary school in the northern Palm Beach County area as projects that would be desirable if funds were available. If the School Board grants the administration's request this month to petition the State for a survey for a high school in the northern Palm Beach County area, the State will consider that project for inclusion in the list of all State- approved projects for Palm Beach County. The School Board determines the priorities from this list of approved projects. As funding becomes available, these projects will be moved up into the funding program. Mr. Johnson advised that the monies to be generated from the proposed 2,341 -acre "PGA National" (i.e., monies to be donated to the school system for its impact on the school system) will be placed into a Special Capital Outlay Account and will not be allowed to expand outside the Palm Beach Gardens area. A Resolution(s) supporting the efforts of the Palm Beach County Legislative Delegation to obtain additional funding from the State for the school system will be considered by the Council at a future meeting. City Council Regular Meeting, 3/1/79 Page 3 COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: MR. SAM In response to the inquiry of Mr. Sam Carsillo, 10063 Dahlia Avenue, PBG, CARSILLO Councilman Martino advised the cost of the City to provide the members of the City's Police Department the same salary as they would receive as employees of the Sheriff's Department would be approximately $27,000.00. MR. GORDON Mr. Gordon Hunter, 4388 Elm Avenue, PBG, addressed the Council requesting they reconsider holding a Special Referendum Election on the transfer of law enforcement services for the City from the City's Police Department to the Sheriff's Department under a contractural agreement. RESOLUTIONS: Consideration of Resolution 18, 1979, adopting a Transition Agreement with RESOLUTION 182 the Office of Sheriff of Palm Beach County, was tabled by the Council inasmuch as Judge Hewitt has placed a restraining order on any further action re: the transfer of the services of the City's Police Department to the Sheriff's Department under a Contractural Agreement. Resolution 18, 1979 will be held in abeyance until the City receives a decision from Judge Hewitt. RESOLUTION 24, City Manager John Orr reported on the basis of his recommendation outlined 177 in a communication dated March 1, 1979 to the City Council that William T. Edwards be dismissed as Chief of Police of the City effective P4arch 2, 1979, and the series of events that took place prompting the inclusion of Resolu- tion 24, 1979 (terminating the employment of William T. Edwards as Chief of Police of the City upon recommendation of the City Manager) on the agenda for the Council's consideration of adoption this date. This report as taken from the official records of this meeting has been attached and made a part of these minutes (Attachment I), along with the above - mentioned communication dated March 1, 1979 from the City Manager addressing the City Council (Attachment II), which was read by the City Manager as a part of his report. Resolution 24, 1979, terminating the employment of William T. Edwards as Chief of Police of the City upon recommendation of the City Manager, was read in full by the City Clerk by a unanimous vote of the Council. The members of the Council individually commented on the recommendation of the City Manager; and received answers to their inquiries re: the recom- mendation. Resolution 24, 1979, was unanimously adopted by the Council. City Council Regular Meeting, 3/1/79 Page 4 The members of the Council concurred with the recommendation of the City Manager that Mr. Edwards receive all earned vacation pay and two weeks severance pay. RESOLUTION 257 By a unanimous vote of the Councii, Resolution 25, 1979, appointing an 1979 Acting Chief of Police of the City upon recommendation of the City Manager, was read in full by the City Clerk with the name "Lieutenant Henry Nolan" inserted in Section 1. Resolution 25, 1979, was unanimously adopted by the Council. RESOLUTION 19, By a unanimous vote of the Council, Resolution 19, 1979, expressing the T77T- intent of the Council to acquire Seacoast Utilities, was read in full by the City Clerk. Resolution 19, 1979 was unanimously adopted by the Council with the insertion of the word "gas" in the phrases whereas the types of facilities are outlined in the Resolution. RESOLUTION 20, By a unanimous vote of the Council, Resolution 20, 1979, executing an 9r 9 Agreement with Treasure Coast Regional Planning Council for the preparation of the Coastal Zone Element of the City's Comprehensive Land Use Plan, was read in full by the City Clerk. Resolution 20, 1979 was unanimously adopted by the Council. RESOLUTION 21, By a unanimous vote of the Council, Resolution 21, 1979, reappointing members 1777-- to the City's Merit System Board, was read in full by the City Clerk with the names Laurence Coffin and Murray Keller inserted in Section 1. Resolu- tion 21, 1979 was unanimously adopted by the Council. RESOLUTION 22, By a unanimous vote of the Council, Resolution 22, 1979, reappointing Alter- T779_ nate Members to the City's Zoning Board of Appeals, was read in full by the City Clerk with the names Virginia Amato and Walter H. Wiley inserted in Section 1. Resolution 22, 1979 was unanimously adopted by the Council. RESOLUTION 23, At their meeting of February 13, 1979, the Planning and Zoning Commission 177T- formally recommended to the City Council final approval of final Plats 1 and 2 of the PGA Resort Community, per the request of the Florida Realty Building Company, the developer. Resolution 23, 1979, approving in final form PGA Resort Community Plats #1 and #2 as a part of a Planned Unit Development in the P.G.A. Planned Com- munity District (the Glengary and Thurston Subdivisions of the PGA National, respectively), was workshopped by the Council with input from Thomas W. City Council Regular Meeting, 3/1/79 Page 5 Sansbury, Vice President of Florida Realty Building Company, Mr. Howard Searcy, the Engineer for the Project, Mr. Leonard Lindahl of Lindahl, Browning, and Ferrari, Inc., the City's consulting engineers for the subject plats, and City Attorney William Brant. By a unanimous vote of the Council, Resolution 23, 1979 was read in full by the City Clerk with the amount of $6,230,000.00 inserted in the blank of Section 4, Sub - section c. With "consisting of three (3) sheets," placed in the stead of "consisting of four (4) sheets," in the second and fourth lines of Section I., Resolu- tion 23, 1979, was unanimously adopted by the Council. ORDINANCES By a unanimous vote of the Council, Ordinance 4, 1979, amending Section 17. ORDINANCE 4, Planned Community Districts of Article VII, of Appendix A, Zoning Codes, was read in full on first reading by the City Clerk. Ordinance 4, 1979 will be workshopped at the meeting of March B, 1979; and a Public Hearing and consideration of Second Reading will take place at the Regular Meeting of March 15, 1979. ITEMS FOR DISCUSSION: RESCUE TRAINING As requested by the Council at their meeting of February 22, 1979, a site 7777=R ld ld in FIRE DEPT. p an an ansca p g plans were submitted for the Council's consideration of approval of the Fire Department's request to construct a three -story Rescue Training Building on a site north of the existing Fire Station, west of the museum. A motion was unanimously adopted by the Council that "the Council applauds and commends Fire Chief Ed Arrants and the volunteers of the PBG Fire Department for all their input in suggesting this facility to the City Council; and the Council gives it their wholehearted support and endorse- ment, in the hope that it will help prevent what could be a loss of life." CURBING OF A motion was unanimously adopted by the Council that the City Manager be Il ! DRIVE authorized to add $1,000 for the curbing of the east side of Holly Drive from Ironwood Road to Lighthouse Drive and 250 -400 lineal feet of the Swale /curb area that fronts on the PBGHS property to the total monies pre- viously authorized for the curbing of the medians on Holly Drive - monies to be taken from the Federal Revenue Sharing Account. City Council Regular Meeting, 3/1/79 Page 6 RESCHEDULING Councilman Feeney suggested that the monthly meetings of the City Council MONTHL�MEET- be rescheduled to: A Regular Meeting preceded by a Workshop fleeting on INGS OF CITY — COUNCIL the 1st Thursday; a Workshop Meeting on the 2nd Thursday; a Regular Meeting on the 3rd Thursday; and the 4th Thursday be set aside for Special Workshop Meetings. The City Attorney was requested to draft a Resolution resche- duling the Council's monthly meetings for their consideration of adoption. PETITIONS AND COMMUNICATIONS: Mayor Kiedis acknowledged receipt of the following: MR. E. P. 1. A communication from Mr. E. P. Desrochers, Pres. of Desrochers Realty, OFSR c R S Inc., requesting to appeal the adverse ruling made by the City's Zoning Board of Appeals on his request for variances at their February 28, 1979 meeting. The City Attorney was requested to compose a communica- tion for the Mayor's signature advising Mr. Desrochers the Zoning Board of Appeals is an autonomous Board of the City; and an appeal to the Board's ruling cannot be considered by the City Council. MR. E. LLWYD 2. A communication dated February 27, 1979, from Mr. E. Llwyd Ecclestone, ECCLESTONE, JR. Jr., President of Florida Realty Building Company, officially notify - y ing the City that each of the enumerated governmental permits and approvals specified in Section 4 of the City's Ordinance #21, 1978, providing for the annexation of lands comprising the PGA National Resort Community project, have been received in a form acceptable to the Company as of January 31, 1979. WALTER H. WILEY 3. A communication from Walter H. Wiley resigning from the City's 701 Citizens Advisory Committee. Mr. Wiley noted in this communication the inconsistency in the attendance at past meetings of this Committee, which was established by the Council to satisfy the public participa- tion requirement of the Comprehensive Planning Act. This matter will be further discussed by the Council at their meeting of March 8, 1979. INTER -CITY 4. As requested in a communication dated January 16, 1979, the City F RSI"�T {Ip Manager will provide Mr. Phill A. Wherry, President of Inter -City First Aid Squad, Inc., a communication indicating the City does not have any plans within the next two fiscal years of instituting its own Advanced Life Support Services. City Council Regular Meeting, 3/1/79 Page 7 REPORTS: Mayor Kiedis reported on the Site Plan and Appearance Review Committee's and Planning and Zoning Commission's meetings of February 27, 1979. The minutes are on file in the City Clerk's Office. Vice Mayor Laurie reported on the Zoning Board of Appeals meeting of February 28, 1979. The minutes will be placed on file in the City Clerk's Office. ITEMS BY CITY MANAGER: AWARDING OF BIDS At the recommendation of the City Manager, a motion was made by Vice �TWO M �I Mayor Laurie, seconded by Councilman Aldred, to award the bid for two (2) SCARS new 1979 Chevrolet Malibu Police Cars to Roger Dean Chevrolet, West Palm Beach, in the amount of $11,077.92 - monies to be taken from the Federal Revenue Sharing Account. Vote on motion: Mayor Kiedis, Vice Mayor Laurie, Councilman Martino, and Councilman Aldred voted aye; Councilman Feeney voted nay. The motion was adopted with four ayes and 1 nay. BID FOR KAWA- A recommendation of the City Manager re: awarding the bid for the Kawasaki SAKI POLICE 1000 Policc 1000 will be made at the Regular Meeting of March 15, 1979. ITEMS BY MAYOR AND COUNCIL: MAYOR KIEDIS Mayor Kiedis requested that the City identification signs on 1 -95 and PGA Boulevard point both east and west. The City Manager will take care of this. COUNCILMAN The City's Building Department will be requested to contact the restaurant TIMFF at Oakbrook Square re: food being thrown over the fence on the eastern perimeter of the property onto residential lands. VICE MAYOR A report on the February 20, 1979 meeting with the Mayor of Sunrise re: LAURIE utility purchases will be made at a future Council meeting. A Council Liaison to the City's 701 Citizens Advisory Committee will be appointed at a future Council meeting. A "Policy of the City" re: employees taking Administrative Leave to attend school will be discussed by the Council at their Workshop Meeting of March 8, 1979. The inconsistency of zoning classifications in the City's Zoning Codes (i.e., zoning classifications that do not correspond with those adopted in the "rewrite ") will be referred to the City's Planning and Zoning Commission. City Council Regular Meeting, 311179 Page 8 COUNCILMAN A presentation by the City's Recreation Advisory Board re: a Recreation FEENEY: Master Plan for the City will take place at the Workshop Meeting of March B, 1979. The City Manager will contact the Principal of Howell Watkins Junior High School requesting that they improve the upkeep of the school's grounds. ADJOURNMENT: With no further business, the meeting adjourned at 11:37 P.M.. r MAYOR KIEDIS COUNCILMAN ALDRED VICE MAYOR LAURIE COUNCILMAN FEENEY COUNCILMAN MARTINO C CITY CLERK City Council Regular Meeting, 311179 A T T A C H M E N T I "This Resolution came about this afternoon. I called Lt. Nolan and Chief Edwards to the office to find out who was Acting Chief of Police for the time being. I got a letter last night from Chief Edwards indicating that he was appointing on a temporary basis Lt. Nolan as the Chief of Police or to act as the next in command of the department. When I called both of them up to the office we got into the discussion on the thing and I sent you a memo as to the basis of the discussion; and I would like to make it a part of the record. (Attachment II) I would also like to go back to the minutes of the meeting of the 15th when I recommended Resolution 17, 1979 be put on the agenda. At that meeting, it was recommended that this Resolution be passed and it would take effect con- current with not the passage of Ordinances 2 & 3, but with the final imple- mentation of Ordinances 2 & 3; and this was explained to him; and this out- burst this afternoon of the fact that I was intimidating not only him but also the members of the Police Department was uncalled for, unnecessary, and not in good keeping with a good organization; therefore, I have made my recommendation. I would like to add one other thing. I could have let this thing go and I think it would have been the easiest way out, because we do have a court suit pending and it would have been very easy to stand back and say OK, just rock along and maybe nature will take its course; but ladies and gentlemen and members of the Council, I don't operate that way and I won't operate that way. Therefore, I have made this recommendation; and I give it to you sin- cerely for you to make the final decision." TO: Mayor and Members of the City Council FROM: John L. Orr, City Manager SUBJECT: Meeting with Chief of Police, William Edwards Gentlemen: On this date, Chief William Edwards, Palm Beach Gardens Police Department, accused me of playing games with him and with the Police Department. Lt. Henry Nolan and Secretary Marian Sessa were witnesses to this statement. He was informed that I could not rescind the Resolution #17, 1979; however, I did inform him that it was a procedural step and was in the records of the meeting of the Council on February 15, 1979. This action was taken on advice of our City Attorney so that the Resolution could be predicated and take effect with the finalization of Ordinances 2 and 3, 1979. Since both above - mentioned Ordinances are held in abeyance by court action, the Resolution is also held in abeyance by court action. The Chief was advised of this on three (3) different occasions. Based on Mr. Edwards' insubordinate attitude, irresponsible accusation, along with the fact that the Police Dept. must and shall continue to function as a viable and responsible organization, I believe it to be in the best interest of the City to relieve Mr. Edwards as Chief of Police of the City of Palm Beach Gardens. Therefore, I am recommending to the City Council that William T. Edwards be dismissed as Chief of Police, effective March 2, 1979. S XMnyger l 'rQ�/ Jr City CITY OF PALM BEACH GARDENS City Manager John Orr's comments re: Resolution #17, 1979, as taken from the Official Records of the February 15, 1979 City Council Regular Meeting: "Resolution 417, 1979 was put on the agenda in the event that Ordinance 2, 1979 and Ordinance 3, 1979 are passed, and its amending the Resolution appoint- ing the Chief of Police; and under the Charter requirements, it is required that the City Manager make a recommendation to the Council; and I have not made a recommendation under the Ordinances 2 and 3; therefore, I am making it as a Resolution; and this Resolution is to be tied to and become effective along with Ordinances 2 and 3 of 1979." March 1, 1979 1 TO: JOHN L. ORR - CITY MANAGER FROM: WILLIAM T. EDWARDS - CHIEF OF POLICE SUBJECT: Memo to Chief Edwards from John L. Orr, City Manager, dated February 28, 1979. On February 16, 1979, I received a copy of Resolution 17 -1979 dated February 14, 1979, signed by Mayor John Kiedis and at- tested to by Citp Clerk Linda Ard, which stated that "Pursuant to Section 6 -3(S) of the City Charter and upon recommendation of the City Manager, the employment of William T. Edwards as Chief of Police of the City of Palm Beach Gardens is hereby terminated." The effective date of that Resolution was March 1, 1979. See enclosed copy. On February 28, 1979, 1 directed a memo to you, which in my opinion was necessary to preserve continuity of command if an emergency took place in the Police Department. In this memo I designated Lt. Henry Nolan as officer in charge of the de- partment until something official in writing could be directed to me countermanding Resolution 17 -1979. At no time in this memo did I allude to, nor have any intention of resigning as ' Chief of Police of Palm Beach Gardens. I do not intend to resign the position of Chief of Police now at this time, nor in the immediate future. I hope this will clarify any misconceptions you and the City Clerk might have regarding my resignation. William T. Edwards Chief of Police WTE /vs cc: Linda Ard, City Clerk RESOLUTION 17 , 1979 A RESOLUTION OF THE CITY COUNCIL OF PAL`•i BEACH GARDENS, FLORIDA, TERMINATING THE EMPIFJU -1^NT OF WILLIAM T. EDWARDS AS CHIEF OF POLICE OF THE CITY OF PALM BEACH GARDENS, FLORIDA (UPON RECOb1- MENDATION OF THE CITY MANAGER); PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RBSO- LUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF 1ti1ARCH 1, 1979. Be it resolved by the City Council of the City of Palm Beach Gardens, Florida: Section 1. Pursuant to Section 6 -3(5) of the City Charter and upon recommendations of the City Manager, the employment of William T. Edwards as Chief of Police of the City of Palm Beach Gardens, Florida, be and the same is hereby terminated. Section 2. All Resolutions or parts of Resolutions in con- flict herewith be and the same are hereby repealed. Section 3. This Resolution shall be effective Ma -ch 1, 1979. INTRODUCED, PASSED AND ADOPTED THIS /__h. �_ day of Febrt;ary, 1979- MAYOR ATTEST: ✓C STY CLEM< I ti 1 7371 00 o CA :z%,o -t- f. f. SITe I a� Getting into the Resolution Section. Resolution 18, 1979, adopting a Transition Agreement with the Office of Sheriff of Palm Beach County. We will have to table this Resolution inasmuch as the Judge has placed a restraining order on any further action regarding the transfer of power of the Police Department to the Sheriff's Department. So, we will pass this one by with the consent of the Council, of course, because we cannot do anything with it; and they will be held in abeyance til we get a decision from the Judge. Further along on the Resolution Section I, Linda M. Ard, City Clerk of Palm Beach Gardens, Florida, do hereby certify that this is a true copy of an exerpt as taken from the Official records of Palm Beach Gardens, Florida, which was a statement made by the Mayor at the City Council Regular Meeting of March 1, 1979, which was comprised of approximately three hours of discussion relative to various items of City business. CITY CLERK