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HomeMy WebLinkAboutMinutes Council 041279CITY COUNCIL WORKSHOP MEETING CITY OF PALM BEACH GARDENS APRIL 12, 1979 The Workshop Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Samuel Laurie 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 Laurie, �..__ Vice Mayor Kiedis, Councilman Martino, Councilman Feeney, and Councilman Aldred. Attorney William Brant and City Manager John Orr were also in attendance. ANNOUNCEMENTS: Mayor Laurie announced the following: The Municipal Administrative Offices will be closed Friday, April 13, 1979 in observance of Good Friday. The Easter Egg Hunt sponsored by the City's Recreation Dept. will be held Good Friday, April 13, 1979, at 9:00 A.M. at Plant Drive Park. A meeting of the 701 Citizens Advisory Committee will convene at 7:30 P.M. on Monday, April 16, 1979. A meeting of the Zoning Board of Appeals will take place on Wednesday, April 18, 1979, at 7:30 P.M.. REPORT RE: JUDGMENT OF JUDGE HEWITT ON THE TRANSFER OF SERVICES OF THE CITY'S POLICE B. COUNTY SHERIFF'S DEPT. ON A CONTRACTURAL BASIS Mayor Laurie reported that the class action suit filed by eight citizens of the City (commonly known as the Concerned Citizens Committee) to per- manently restrain the City from implementing its Ordinance #2, 1979 and Ordinance #3, 1979, which, in essence, provide for the transfer of services of the City's Police Department to the Sheriff's Dept. of P. B. County on a contractural basis, was upheld by Circuit Court Judge Hewitt; and read excerpts of the "Judgment" as follows: The Court finds that the ordinances and the agreement in question exceed the authority of the city and its officials and do not comply with the requirements of Article VIII, Section 4, of the Florida Constitution. The ordinances fail to provide that they shall become effective only upon favorable referendums by the electors of the City of Palm Beach Gardens and City Council Workshop Meeting, 4/12/79 Page 2 the electors of Palm Beach County. Therefore, it is agreed that Defendants, City of Palm Beach Gardens, u Florida; John Kiedis, Mayor; Samuel Laurie, Vice- Mayor; Richard Aldred, Councilman; Richard J. Feeney, Councilman; and Michael Martino, Councilman, jointly and severally are restrained and enjoined permanently from (1) implementing Drdinance 2, 1979 and Ordinance 3, 1979; (2) implementing the law enforcement agreement with the Sheriff of Palm Beach County, Florida, which was to have taken effect March 1, 1979; and (3) disbursing any funds of the city pursuant to these ordinances or agreement. Richard P. Wille, Sheriff of Palm Beach County, Florida, is dismissed. DONE AND ORDERED this 10th day of April, A.D. 1979. ROBERT S. HEWITT, CIRCUIT JUDGE PROPOSED INCREASE IN SALARY OF CITY PERSONNEL: Mayor Laurie proposed and the other members of the Council concurred to consider at their April 19, 1979 Regular Meeting giving the City's Police Department Personnel who are members of the PBA the 1046 salary increase included in the City's 1978/1979 Fiscal Year's Budget, to be retroactive back to October 1,1978. This proposal was made with the intent to resolve what was noted as an existing "unequitable situation ", whereas certain circum- stances caused those personnel to not receive a pay raise since October 1, 1977 (with the exception of the cost -of- living raise all personnel received effective April 1, 1978 and those that received step increases as provided for in their contract). The cast -of- living increase budgeted for all City personnel to take effect April 1, 1979, was not accepted by these members of the Police Benevolent Association. The members of the Council concurred with the proposal of Vice Mayor Kiedis that they consider a budgetary revision whereas the balance of the City employees would receive a cost of living increase to compensate for its escalation in excess of what the Council anticipated at the time of adoption of the City's 1978/1979 Fiscal Year's Budget. The City Manager was requested to provide the Council the necessary data for this consideration. City Council Workshop Meeting, 4/12/79 Page 3 COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: MR. GORDON In response to an inquiry of Mr. Gordon Hunter, 438E Elm Ave., PBG, HUNTER the Council related that the City's 1978/1979 Fiscal Year's Budget included two new cars and one new motorcycle for the Police Dept. Fleet. Additionally, the Florida Realty Building Company donated a 1979 Chevy Blazer that has been assigned for the Police Department's use in patrolling. The motorcycle and Blazer are in house; the two Malibu Police cars are on order. MS. LOREN Mayor Laurie apologized for any inconvenience the City may have caused f'OFtT O those residents that were not properly notified of the change in trash pick -up days (i.e., Thursday in lieu of Good Griday). MR. SAMUEL Mr. Samuel Carsillo, 10063 Dahlia Ave., PBG, addressed the Council re: the CC�CO. following: The reply letters he received from County Commissioner Peggy Evatt re: the four - laning of A -1 -A Alternate and N. Military Trail; the location of a Post Office and Library in Palm Beach Gardens; the clearing of trails that would provide the City's firefighters better access to forest fires; Mr. Luke Thorton, Principal of the PGA High School, having the beautification v of the high school's grounds coordinated with the Beautification and Envir- onmental Committee; the status of the City's request for permission from the FEC railroad to beautify their easement at Lighthouse Drive; the City's receipt of 500 Malayan Palms from the Division of Forestry; the City insignia he had enlarged to be a part of City identification signs; Pratt & Whitney Aircraft possibly providing a parking area in the City for those who ride in car pools; locating an additional curb cut in the median on MacArthur Boulevard at Howell Watkins Jr. High School; the helicopter landing pad the PBG Community Hospital proposes to locate at their facility; and the City contacting Mr. Tom Butler of Pratt & Whitney Aircraft to receive information that may be_helpful during the Council's considerations re: the acquisition of Seacoast Utilities, Inc.. In response to Mr. Carsillo, Councilman Feeney related that if a Special Referendum Election were held by the City on the transfer of services from the PBG Police Dept. to the Sheriff's Dept. on a contractural basis, the cost figure comparisons would be provided to the electors. City Council Workshop Meeting, 4/12/79 Page 4 COUNCILMAN Councilman Feeney advised that due to a business commitment, he would be FEEN E Y unable to be in attendance during the entire meeting; therefore, he offered the following input re: the status of the City's Ordinances #2 and #3, 1979: 1. The City should appeal the "Judgment" of Judge Hewitt to the Supreme Court. 2. The City should pursue enabling legislation to the State Legislature. 3. If required, the City should consider a Resolution to the County Com- mission requesting that an election be held on the subject matter. 4. The City Manager should be asked to make a determination with regards to a utility tax whereas all City residents would bear the costs that would be incurred if the City maintains its own Police Dept. rather than just freeholders. MS. LINDA Ms. Linda Monroe, member of the City's Beautification and Environmental MONROE Committee, reported that they have ordered 200 4' tall Acacia Trees to be received the first part of May. Post cards will be mailed to the residents of Town Hall Homes (Crestdale Homes), and a tree will be planted in the swale area of the first 200 homeowners that return the card to the City. This will ensure that these homeowners will appreciate these trees and will care for them. PROPOSAL OF WILLIAM R. HOUSE & COMPANY AS INVESTMENT BANKERS IN THE PROPOSED ACQUISITION OF . Mr. Joe Wise, Resident Manager and Vice President of William R. Hough and Company, reviewed with the Council the proposal of their firm to serve in the capacity of Investment Bankers /Underwriters in the proposed acquisition of Seacoast Utilities, Inc.. Per the City's Resolution 19, 1979, the Council's intent in acquiring the utility company is conditioned upon concurrence by the Town of Lake Park and the Village of North Palm Beach in sharing equally with the City all of the necessary costs expended to properly effect its purchase. The City Manager was requested to contact these municipalities re: the Resolutions the City requested from them indicating this concurrence. RESOLUTIONS: Mr. Philip Leroy of Pratt & Whitney Aircraft addressed the Council re: their RESOLUTION 37, request to temporarily locate two double -wide modular buildings at their 1979 Palm Beach Gardens facility to be used as classrooms with approx. 25 students per class /building for the training of existing and to be hired employees. City Council Workshop Meeting, 4/12/79 Page 5 Resolution 37, 1979, will be considered by the Council at their Regular Meeting of April 19, 1979, with the time period of one year inserted in the blanks of Sections I and 3. In the meantime, the plans will be sub - mitted to the Fire Chief and Building Official for their review /input re: the capacity and hardware of these buildings. RESOLUTION 40, There weren't any changes made by the Council to Resolution 40, 1979, or Viv its attachment, a new Definition Section of the City's Merit System Rules and Regulations. Resolution 40, 1979, adopting the new Definition Section will be considered for adoption at the Regular Meeting of April 19, 1979. The Council conplimented the City Manager and the members of the City's Merit System Board for a "job well done" in refining these definitions. RESOLUTION 39, The Council acknowledged receipt of a communication dated March 26, 1979, 1979 from Mr. David Hendel of H.G.G.S. Associates requesting a six months exten- sion of their permit to use a mobile home trailer in the parking lot of the Meadows Mobile Home Park. Resolution 39, 1979, amending Resolution 58, 1978, to provide for this extension will be considered by the Council at their Regular Meeting of April 19, 1979. Mr. Bert Liljedahl, a member of the audience and the Manager of the Meadows Mobile Home Park, related that Mr. Hendel will be in attendance at the April 19, 1979 to address any ques- tions the Council may have re: this Resolution and the City's pending Ordinance #11, 1978, which is based on his petition. ORDINANCES: Dr. Russell B. Wayland, III, addressed the Council re: the rezoning of a REZONING OF TWO- two -acre parcel of land he, Dr. Michael L. Steiner, and Dr. Gerald T. ACRE PARCEL ON Kil atrick have contracted to BURNS p purchase from Royal American Industries, Inc. SITS Dr. Wayland, added that Royal Amer. will not sell these properties until �IiTN W/ such time as they have been rezoned from AG- Agricultural District. The members of the Council concurred with the recommendation of the City Manager that prior to their consideration of an Ordinance based on the Doctors' petition for the rezoning of these properties to CPO - Commercial Professional Office District, steps be taken to ensure that the severe drainage problems that exist along this northern side of Burns Road will be alleviated. Royal American Industries will be required to comply with all the criteria that is spelled out by the South Florida Water Management Dis- trict and the City's Engineer, including a letter of credit or a performance bond stating that they will at their expense complete the two control struc- tures on the north side of Burns Road and the 72" culvert to be located underneath Prosperity Farms Road, prior to the rezoning of any additional properties in this flood hazardous area. City Council Workshop Meeting, 4/12/79 Page b The City Manager will address Royal American Industries re: this corrective action and the pending dedication of Gardens East Drive to the City. - Dr. Wayland related that this delay in the rezoning of these properties will not cause an inconvenience to them, as they don't have any immediate plans for the development of these lands. The City will keep the doctors up -to -date on the status of these pending items with Royal American Indus- tries. ITEMS FOR DISCUSSION UPDATE OF CAP- Mayor Laurie requested that the members of the Council submit their lists ITAL I E- of "priority" Capital Improvements to be incorporated into the current list, MENT FTST dated May 28, 1978, for discussion at a future meeting. PETITIONS AND COMMUNICATIONS: PROCLAMATION Mayor Laurie reported that he signed a Proclamation proclaming April 15 -21, "PRIVATE PRO- 1979 "Private Property Week ", with the theme "This Land Is Your Land ". This F= WLLK Proclamation urges fellow citizens to join with the Northern Palm Beach County Board of Realtors and the other realtors and realtor- associates throughout the nation in this observance by taking an active part in appro- priate and significant programs sponsored by the local realtors and realtor- associates who, throughout this week and the year, are taking an active role in helping make the communities a better place to live and work. MR. & MRS. J. 0. Mayor Laurie acknowledged receipt of a communication from Mr. & Mrs. J. 0. COPPOLA Co pp ola , dated April 6 , 1979, re: the petition of Mr. Charles E. Brooks for the annexation of a 10 -acre parcel of land located south of Holly Dr., west of Military Trail with the zoning classification of RS -2, Single Family Residential District. Mr. & Mrs. Coppola expressed opposition to the road- way the applicant proposes to locate on the single family lot (Lot 9 -A of the Unrecorded PGA National Golf Club Estates, First Addition, Palm Beach Gardens) for ingress /egress to the development. This petition will be con- sidered for recommendation to the City Council by the Planning and Zoning Commission at their duly advertised Public Hearing April 24, 1979, which was recessed from their meeting of April 10, 1979. REPORTS: Mayor Laurie and Vice Mayor Kiedis reported on the Planning and Zoning P & Z COM. & Commission's and Site Plan and Appearance Review Committee's meetings of Pik April 10, 1979. The minutes of these meetings are on file in the City 7+710=779 Clerk's office. City Council Workshop Meeting, 4/12/79 ITEMS BY THE CITY MANAGER: Page 7 APPEAL TO S /P /R The City Manager apprised the Council that Mr. E. P. Desrochers, President RUIT77 of Desrochers Realty, Inc. has filed an appeal to the Council on a ruling MR. E. P. by the Site Plan and Appearance Review Committee made pursuant to the Site 6ESROCHERS Review and Appearance Code at their Regular Meeting of April 10, 1979 on plans for a warehouse he proposes to locate at 10291 Ironwood Road, PBG. This appeal will be considered by the Council at their Regular Meeting of April 19, 1979. MATERNITY HOS- The City Attorney was requested to review for input to the Council the PT7T[=ION Federal Law to take effect April 28, 1979 re: required hospitalization coverage for maternity patients. DELAY IN The City Manager reported that the delivery of the two Malibu Police Cars POLICE VEHICLES the City has on order has been delayed due to the union strike. The City Manager was requested to supply the Council a report on the City's in -house police vehicles prior to their consideration of cancelling this order and purchasing Ford LTD vehicles with police packages from the Sheriff's Dept. in their stead. INFO. RE: The City Manager was requested to obtain a synopsis from other municipalities UTILITY ACQUI- in the area re: the acquisition of their utility companies. ADJOURNMENT: With no further business, the meeting adjourned at 11:20 P.M.. a MAYOR LAURIE tTICE MAYOR KIEDIS CITY CLERK COUNCILMAN MARTINO v 4- COUNCILMAN FEENEY °� _,� e, � COUNCILMAN ALDRED Suite 400, Kenann $uildinp 9101 North Federal Highway Fort Lauderdale, Florida sss06 sss -6674 April 10, 1979 Alec C. Livingston Distnctbfanager r =ally` Mr. John Orr �., •,.' -,_,_ __°"._" "� _ - S City of Palm Beach Gardens y .,i, r'' ` 10500 North Military Trail Palm Beach Gardens, Florida 33403 Dear John: The new Federal Maternity Legislation which was enacted October 31, 1978 amends Title VII of the Civil Rights Act of 1964 and was designed to prevent discrimi- nation against female employees in all matters of employment, including fringe benefit programs. The law requires that all employers with 15 or more employees who are engaged in Interstate Commerce must provide Group Insurance Benefits for pregnancy related expenses in exactly the same fashion as any other illness. This legis- lation has now been interpreted by the Equal Employment Opportunity Commission to include not only employees, but also dependent spouses of male employees. The dependent aspect has been clarified in a text published in the Federal Register (copy attached). I am writing to advise you of your alternatives in order to be in compliance with this Legislation. You can amend your Group Insurance contract with Connecticut General to provide the necessary coverage, or you can elect to self - insure the additional liability represented by this legislation. The additional monthly cost to amend your Group Insurance program to provide full and immediate Maternity Coverage, which will bring you into compliance with the legislation, is as follows: Employee - $1.13 Dependents - $5.06 Please contact me just as soon as possible. If you desire to amend your contract, the deadline in order to be in compliance is April 29, 1979. Thanks very much for your assistance in this matter. Sincer r ' Alec C. Li ngst n ACL:ib. NOTE: Weekly Disability Income compliance would represent an Enclosure additional increment of ,367. per $10. cc: Mr. Gaines Ryland