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HomeMy WebLinkAboutMinutes Council 071979CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JULY 19, 1979 The Regular 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, and Councilman Feeney. Council- man Aldred was not in attendance. Attorney George Baldwin and City Manager John Orr were also in attendance. MINUTES: The minutes of the July 5, 1979 Regular Meeting were unanimously approved by the Council, as written. ANNOUNCEMENTS: Mayor Laurie announced that a 701 Citizens Advisory Board Meeting would take place on Monday, July 23, 1979, at 7:30 P.M.; and a meeting of the Planning and Zoning Commission would convene at 7:30 P.M. on Tuesday, July 24, 1979. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: MR. SAMUEL CA S� ILLO: Mr. Samuel Carsillo, 10053 Dahlia Ave., PBG, addressed the Council re: the data he forwarded to the PBG Community Hospital relative to the con- T struction and operation of helicopter landing pads; the need for a City - owned library; the City's acquisition of a utility company; and the lack of owners paying ad valorem taxes on their mobile homes. The City Manager was requested to ascertain information from the Village of Palm Springs re: the post office service provided in their municipality. RESOLUTIONS: The Council's consideration of Resolution 53, 1979, appointing members to RESOLUTION 53, the City's Planning and Zoning Commission, was deferred to a future meeting, T7T7'- when a full Council is in attendance. RESOLUTION 55, The Council acknowledged receipt of a communication dated July 19, 1979 T777 from Attorney George W. Baldwin recommending the preparation of a draft agreement between the City and Royal American Industries, Inc., that would establish the City's right of first refusal to purchase the 5.82 acres of Plant Drive Park. By a unanimous vote of the Council, the City Clerk read in full Resolution 55, 1979, executing an amendment to the Plant Drive Lease Agreement by extending it an additional term of one year. Resolution 55, 1979, was unanimously adopted by the Council. City Council Regular Meeting, 7,'19,79 Page 2 RESOLUTION 57, By a unanimous vote of the Council, the City Clerk read in full Resolu- T777— tion 57, 1979, reappointing members to the City's Beautification and Environmental Committee. Resolution 57, 1979, was unanimously adopted by the Council with the names George Bayer, Sam Carsillo, and Mary Valentine inserted in Sections 1, 2, and 3, respectively. ORDINANCES: Mayor Laurie declared the Public Hearing open which was duly advertised ORDINANCE 7, July 3, 1979, and held for the purpose of the Council's consideration of T77F— adoption of Ordinance 7, 1979, amending Ordinance 24, 1978, the Budget Ordinance for the 1978/1979 Fiscal Year. There wasn't anyone in the audience that addressed the Council re: the proposed passage of this Ordinance. Mayor Laurie declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read by title only on second reading Ordinance 7, 1979. Ordinance 7, 1979, was unanimously adopted by the Council. ITEMS FOR DISCUSSION: EXCEPTIONS TO The Council reviewed the application of Mr. Otto DiVosta, Owner /Developer DISTANCE RE- of the Garden Square PUD an the northwest corner of PGA Boulevard and SONS FOR ALCOHOLIC Military Trail, for exceptions to the requirement of Section 3 -30 of BEVERAGE VEN- Article II of Chapter 3 of the City's Code relative to the distance 0 S GARDEN SQUARE PUD restrictions of 750 feet between alcoholic beverage vendors. Attorney Baldwin rendered the opinion that the specific variances requested, permitting the proposed package store and wine shop to sell alcoholic beverages for off - premise consumption and the two proposed restaurants to sell alcoholic beverages for consumption on the premises, did not meet the criteria outlined in the City's Code for consideration of exemption from the distance requirement. The City Attorney was requested to prepare Orinances for the Council's consideration of adoption - (1) amending the City's Code to enable the Council more latitude in considering variances to this distance requirement on properties zoned for PUD use; and (2) amending the Ordinance that created the Garden Square PUD (Ordinance 18, 1977) to enable the requested exceptions. City Council Regular Meeting, 7/19/79 Page 3 CITY'S MEDICAL Mr. Robert Diamond and Mr. James Ryland of Cornelius, Johnson, and Clark BENEFIT PROGRAM discussed with the Council the City's medical insurance program, including the results of the market survey they performed, the medical benefits the specifications included, the recent mandate re: maturnity coverage, and the increase in rates. Mr. Diamond, the City's Agent of Record, recommended that the City con- tinue its medical insurance program with Connecticut General at an annual cost of $92,000, including the maturnity coverage required if the City chooses not to self- insure. An administrative meeting will be held the week of July 23, 1979, for the purpose of the Council further discussing the City's medical insurance program with Mr. Diamond. P. B. CO.'S Mr. Ken Rogers, Director of the Land Development Section and Mr. Haney FAIR SHARE ROAD Frakes, Traffic Analyst, of the Palm Beach County Engineer's Office made IM ROVE. ORD. a presentation and answered inquiries of the Council re: the "Fair Share Contribution for Road Improvements Ordinance" the County Commission adopted with the efective date of July 11, 1979. After thorough studies, the County's staff projected that in the year 2000,the County's population will be 1,443,000, and approx. $900,000 will be required to increase the capacity of the roadways to accommodate this growth. With only the current source of revenue, the projected shortfall of monies in funding Palm Beach County major roads will be approximately $380,000.00. This Ordinance was adopted by the County Commission as one of the measures to reduce this projected shortfall; and it assesses a fee on all new con- struction within unincorporated and incorporated areas of Palm Beach County unless municipalities pass legislation exempting themselves from the Ordinance. Mr. Rogers explained that the intent of the Ordinance is to not place the full financial burden on homeowners that have already contributed to the costs of roadways via taxes; but rather, those that move into Palm Beach County and cause the need of additional roadways. Mr. Rogers emphasized that this fee will only provide approx. 25% of this projected shortfall in monies. City Council Regular Meeting, 7/19/79 Page 4 The Council concurred that the problems re: major roadways pointed out by the County are "very real "; however, they had several concerns re: the method in which they have proposed to reduce the shortfall of monies as outlined in this Ordinance, including the lack of municipal control on how the funds will be disbursed and the fee being imposed on residents moving into a new home within Palm Beach County. Additionally, Councilman Martino proposed that the methods in which all of the projected "shortfall" monies would be obtained be presented as a total package. The Council indicated that they would be receptive to an increase in fuel tax for this purpose so that those that necessitate the road improvements, including tourists, would bear a greater share of the costs than at present. By a unanimous vote of the Council, the City Clerk read in full on first, second, and final reading on an emergency basis Ordinance 8, 1979, negating the County's Ordinance 7 -79, the "Fair Share Contribution for Road Improve- ments Ordinance ". Ordinance #8, 1979 was unanimously adopted by the Council on an emergency basis. The emergency passage of this Ordinance was predicated on: (1) the Council felt there was insufficient input re: the Ordinance by the municipalities; (2) the Council had concerns that there would be inequities in the dis- tribution of the funds; (3) the Council felt that there may be other alternate sources /methods of providing for the sorely needed funds for the improvements to the roadways; and (4) the economic hardship that is being burdened by the City staff collecting funds as authorized under the County Ordinance. RESOLUTION 56, The City Manager reported that the effective date of the County's "Fair 19 Share Contribution for Road Improvements Ordinance" was July 11, 1979; and the Ordinance required the City to collect the fee for all building permits issued after that date or until such time the City passed an Ordinance con- trary to it. Thus far, the City had collected $900 in these fees. It was the opinion of Attorney Baldwin that these funds already collected were not refundable. The City Manager noted that under the DRI process, the PGA National will be required to pay these fees. By a unanimous vote of the Council, the City Clerk read in full Resolution 56, 1979, establishing a bank account entitled "City of Palm Beach Gardens County Road Inpact Fee ". Resolution 56, 1979 was unanimously adopted by the Council. City Council Regular Meeting, 7/19/79 PETITIONS AND COMMUNICATIONS: Page 5 Mayor Laurie acknowledged receipt of communications from the following: VILLAGE OF NPB 1. Paul J. Nicoletti, Manager of the Village of North Palm Beach, inviting the City Council to attend the Village Council's special session this evening to discuss the acquisition of Seacoast Utilities, Inc.. FIRMA 2. William T. McCreary, Area Vice President of the Fla. Intergovernmental Risk Management Association notifying the City of a meeting to be held on July 26, 1979 at the Lake Park Town Hall re: the forming of a self- insurance pool. R. F. ALVAREZ 3. R. F. Alvarez, dealer for the Mobile Oil Corporation at 4201 Northlake Boulevard, requesting permission to sell beer at the service station. REPORTS: Mayor Laurie reported that on July 17, 1979, he and the City Manager MAYOR LAURIE attended the funeral services of t1r. William Mathews, a PBG patrolman involved in a traffic accident on July 13, 1979. Mayor Laurie reported that on July 18, 1979, he and the City Manager exer- cised a meeting with Ms. Emily Obst, Architect, re: the preliminary plans she is preparing for the City's proposed Community Center. ITEMS BY THE CITY MANAGER: TRI -CITY ANIMAL The Council reviewed the report of the Police Department (from 7/15/78 CONTROL AGREE. until 7;15,'79) outlining information re: the enforcement of the City's Animal Control Code by the Tri -City Animal Warden and the City's Police Department. A motion was made by Councilman Feeney, seconded by Vice Mayor Kiedis, that the City not renew the Tri -City Animal Control Agreement with the Village of North Palm Beach and the Town of Lake Park. Vote on motion: Vice Mayor Kiedis and Councilman Feeney voted aye; Mayor Laurie and Council- man Martino voted nay. The motion was defeated. The City's renewal of this agreement will be further discussed at the Regular Meeting of August 2, 1979, when a full Council is in attendance. In the meantime, the City Attorney was requested to ascertain information from the County re: their staff performing this service, with the monies to be taken from County taxes the same as it is for unincorporated areas. ITEMS BY MAYOR AND COUNCIL: VICE MAYOR Vice Mayor Kiedis requested that the beautification of the front of the KIEDIS: PBGHS along Holly Drive commence; and a water fountain be located at the City's Jogging Trail. City Council Regular Meeting, 7 /19/79 Page 6 VICE MAYOR The City's "Street Lighting Program" will be re- reviewed by the Council KIEDIS: at a future meeting. COUNCILMAN The City Manager was requested to provide the Council a chart comparison MARTINO: on the City's consumption of gasoline and electricity, enabling the Council to establish goals in controlling these costly items. ADJOURNMENT: With no further business, the meeting adjourned at 12:06 P.M.. MAYOR LAURIE COUNCILMAN ALDRED VICE MAYOR KIEDIS COUNCILMAN FEENFY -�, l � i COUNCILMAN ftdMED ° CITY CLERK ' ` `