HomeMy WebLinkAboutMinutes Council 080279CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 2, 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 Feeney, Councilman Aldred, and Councilman
Martino. Attorney William Brant and City Manager John Orr were also in
attendance.
MINUTES: The minutes of the July 19, 1979 Regular Meeting were unanimously approved
by the Council, as amended.
ANNOUNCEMENTS: Mayor Laurie announced that a meeting of the City's Merit System Board
would take place on Monday, August 6, 1979, at 7:30 P.M.; and a meeting
of the Recreation Advisory Board would convene at 7:30 P.M. on Tuesday,
August 7, 1979.
PRESENTATION OF PLAQUE TO DICK FEENEY, MAYOR 1977 -1978
Mayor Laurie presented to Councilman Feeney a plaque of appreciation with
the Mayor's gavel attached and engraved "Dick Feeney, Mayor City of Palm
Beach Gardens 1977- 1978 ". Councilman Feeney offered "I've enjoyed serving
on the City Council for the past six years. The term as Mayor was very
enjoyable. I thank my cohorts on the City Council for this award /presenta-
tion. I will treasure the plaque for the rest of my life.".
BID OPENINGS: The two bids received by the City were opened and read by Fire Chief
AIR COMPRESSOR Edward Arrants for an Air Compressor and Air Purification System, as duly
& AIR PURIFICA- advertised July 6, 1979, as follows:
S STEM FOR
S.E.S. Industries, Ft. Lauderdale, Fla.: MAKO Compressor Model: KA- 14 -95-
GM $5910.40 - including MAKO Purification System Model: MK -2 -C $6603.15
total. MAKO Compressor Model KA -7 -GH $4274.80 - including MAKO Purifica-
tion System Model: MK -1 -C $5003.55 total.
Dick Seitner Sales, Melbourne, Fla.: MAKO KA 14 G with purification system
mounted $6,195.00. MAKO KA 7 G with purification system mounted $4565.00.
These bids were referred to the City Manager and Fire Chief for recommenda-
tion to the Council at a future meeting.
City Council Regular Meeting, 8/2/79 Page 2
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
ROBERT KLOSKI Mr. Robert Kloske, Vice President of the Meridian Park Homeowners Associ-
V VP OF MERIDIAN ation, addressed the Council on behalf of the Association, thanking and
PK HOMEOWNERS
RSzDc-.— commending the City for the manner in which the garbage collection was
handled during the recent "walk out" of the County Sanitation employees.
PRESENTATION BY DR. ED EISSEY RE: PROPOSED NORTH CAMPUS OF PALM BEACH JR. COLLEGE
Dr. Ed Eissey, President of the Palm Beach Junior College, made a presenta-
tion, on the north campus of the college proposed to be developed on 64 acres
within a 109 -acre site located between PGA Boulevard and RCA Boulevard
immediately east of the N.E. County Court House Complex in Palm Beach
Gardens; and introduced Dr. Otis Smith, the Administrator of the north
campus now located on 45th Street in West Palm Beach.
The State Legislature appropriated $5,000,000 toward the construction of
the campus, which will be used for the 1st phase of development.
The 1st phase is proposed to be completed no later than the spring of 1981
and include a classroom building with 16 classrooms, 32 offices for faculty
members, and a temporary library; an administration building to house the
registrars office, book store, bursars offices, and accounting offices;
and physical education/athletic facilities to include a full size baseball
field, a minimum of one soccer field, 10 tennis courts, a minimum of two
softball fields, and a football field.
A library learning resources center; a science building, together with a
amphitheater; and athletic facilities to include an archery area, handball
courts, and possibly a swimming pool will be a part of the 2nd phase to
follow the 1st phase within one year.
They are presently discussing with the County Commissioners through their
Library Advisory Board the development of the library they propose for the
northern Palm Beach County area on the college site. In return, the college
will assume the operation and maintenance costs of the library and it would
be open to the general public from 7:30 A.M. to 10:00 P.M.. This type of
agreement is also being discussed for recreational facilities /lands.
The north campus of Florida Atlantic University will also be located at
this site, making it a four unit /year university - two years of jr. college
and two years of the upper division.
City Council Regular Meeting, 8/2/79
Page 3
Dr. Eissey emphasized that PBJC is a "community college" and they want
the community to participate actively in their facilities and work with
them to make certain their facilities are utilized by the community.
Dr. Eissey clarified that all jr. colleges and universities that are
public within the Southeastern part of the U.S. in the 13th State Region
have an articulation agreement; and any graduate from PBJC may proceed
without any "hurdles" to any university or upper division college.
In response to Councilman Martino, Dr. Eissey offered that the project
has gone through an extensive two -year planning study, including its
compatibility with surrounding lands. The college will not be seen from
any of the abutting areas, as there will be 55 acres of land surrounding
the campus that will be left in its natural state. However, they welcome
input in that regard at any point in time.
The Council was in favor of Dr. Eissey's request to make another presenta-
tion at the beginning of next year re: a special referendum to be placed
before the County electors in March, 1980 for a .5 mill levy with the monies
to be spent for certain improvements to the college.
The City Attorney was requested to prepare a resolution endorsing the
�-
college's proposal to the County Commission re: the location of the
library at the campus.
RESOLUTIONS:
By a unanimous vote of the Council, the City Clerk read in full Resolution
RESOLUTION 53,
53, 1979, appointing and reappointing members to the City's Planning and
1979
Zoning Commission. Resolution 53, 1979, was unanimously adopted by the
Council with the names Norman Ouellette, George Kelch, and Frank W. Brutt
inserted in the blanks of Sections 1, 2, and 3, respectively.
RESOLUTION 5a,
By a unanimous vote of the Council, the City Clerk read in full Resolution
1979
58, 1979, approving a five -year Agreement between the City and County
Sanitation. Resolution 58, 1979 was unanimously adopted by the Council.
ORDINANCES:
At their Regular Meeting of July 19, 1979, the City Council reviewed the
ORDINANCE 9,
application of Mr. Otto Divosta, Owner /Developer of the Garden Square PUD on
1777—
the northwest corner of PGA Boulevard and Military Trail, relative to the
distance restriction of 750' between alcoholic beverage vendors (Section 3-
30, Article II, Chapter 3 of the City Code).
The Council workshopped Ordinance #9, 1979, exempting alcoholic beverage
`f
vendors located within certain shopping centers from the distance restric-
tion.
City Council Regular Meeting, 8/2/79
Page 4
The City Attorney was requested to redraft the Ordinance to amend the
City's Code to enable the Council to consider special exceptions to the
distrance requirement for vendors selling alcoholic beverages, including
malt and wine, for off- premise consumption.
Ordinance #10, 1979, amending Section 3 -33 of Chapter 3, will be work -
shopped by the Council at a Special Meeting to take place at 7:45 P.M. on
Thursday, August 9, 1979, in the Assembly Room at the City Hall Complex.
ITEMS FOR DISCUSSION:
PROPOSED CABLE Per Sections 18 -2 and 18 -5 of the City's Charter, the City Council may
TV SERVICE AND at its discretion grant to a private concern the right to construct,
TYSTEM
T GE rL maintain, and operate public or quasi - public projects within the City;
and a public franchise of any description must be granted by the adoption
of an Ordinance, after certain public notice requirements are met.
Mr. Tom Sansbury, Project Manager of the PGA Resort Community presently
being developed on approx. 2,341 acres of land located west of the Sunshine
State Parkway, addressed the Council on behalf of Mr. E. Llwyd Ecclestone,
Jr., the developer, requesting their consideration of permitting the firm
of Carribean Security Systems to provide cable tv service at the PGA
National. At the present time, Perry Cable TV has a non - exclusive franchise
with the City for this service.
Mr. Sansbury offered that their proposal is for an integral system of
cable tv and security operations. This combination of operations will
enable the PGA to provide the individual homeowners cable tv service and
a security system service at reasonable rates; would give residents of the
development the opportunity to contribute to tv program selection through
a special advisory board; and per Mr. Sansbury, contribute to the success
of the project. Carribean Security Systems, like Perry Cable TV, would pay
a 6% franchise tax to the City.
Per the City's Zoning Codes, a television receiving and /or transmitting
tower is permitted as a "conditional use" within the M -1 and M -lA Zoning
Districts of the City. Mr. Sansbury acknowledged the procedure requirements
for the erection of the receiving tower they propose to locate within a
3.8 -acre site designated on the Master Plan as a maintenance area.
Mr. Bob Scallar of Carribean Security Systems introduced members of their
staff and demonstrated the features of the intricate security system.
City Council Regular Meeting, 8/2/79
Page 5
Mr. Sansbury requested that the Council expedite their approval /disapproval
of the PGA's proposal so that the underground cable can be buried prior to
the road paving to begin in approximately two weeks, as the cost would be
greater afterwards.
Attorney Dennis W. Hillier of Gunster, Yoakley, Criser, Stewart, and Hersey,
General Counsel for the PGA Project, addressed the Council stating that
"In order for a City to have franchise authority over a project in a cable
tv situation, the cable would have to be laid in the public rights -of -way
for which the City has jurisdiction. The rights -of -way in the PGA are all
private; therefore, the City does not have any technical jurisdiction over
the easements. The roads are owned by the Property Owners Association;
and the easements are granted to the people who reside in the development,
the flood control district, and to the other governmental agencies that
need access to the project. The PGA has subjected itself to the jurisdic-
tion of the City with respect to rates and to pay the City the same amount
of money on a percentage rate that the other cable tv company pays. ".
Mayor Laurie and Councilman Martino acknowledged the standpoint of economics
and the good of the security system; however, they were not in favor of
taking action on an Ordinance without further thought and input.
Vice Mayor Kiedis and Councilman Feeney expressed that if the developer
felt this system would best suit the needs of the residents of the PGA
National, they would be in favor of them proceeding with their plans as
proposed.
Action by the Council on the subject proposal was delayed to a future
meeting. Representatives of Perry Cable TV will be provided the opportunity
to addressed the Council re: cable tv service at the Regular Meeting of
August 16, 1979.
The City Attorney was requested to research the dedication of the rights -
of -way within the PGA Project.
TRI -CITY ANI- Pursuant to the discussion at the Regular Meeting of July 19, 1979, the
MAC L City Manager reported that the City Attorney researched the County's
Ordinances and they do not prevent the City from contracting animal control
services with the County. However, a policy decision has been made by the
County Commissioners that they will not execute service contracts with a
municipality, pending the outcome of the litigation re: the transfer of
services of a municipality to the County.
City Council Regular Meeting, $/2/79
Page 6
The City Manager reported that the City not renewing the Tri -City Animal
Control Agreement with the Village of North Palm Beach and the Town of
Lake Park and enforcing the City's Animal Control Code in the same manner
as in the past, would probably cost the City approx. $22,000 annually;
the animal pens located at the Public Works Dept. is owned by the City;
and the animal warden's vehicle is owned by the three cities and titled
to the Village of North Palm Beach.
A motion was made by Councilman Feeney, seconded by Vice Mayor Kiedis, that
the City advise the Village of North Palm Beach and the Town of Lake Park
that the City no longer desires to participate in the Tri -City Animal
Control Agreement. Vote on motion: Mayor Laurie, Vice Mayor Kiedis,
Councilman Feeney, and Councilman Aldred voted aye; Councilman Martino
voted nay. The motion was adopted with four ayes and one nay.
Councilman Martino stated that he was in favor of the Tri -City Animal
Control Agreement, as it was a way to save taxpayers' money in the long run.
He felt the three cities didn't explore the program to its fullest and
didn't put the money into it that should have been.
Councilman Martino requested that the City Manager provide the Council the
framework in which the administration is going to enforce the City's
Animal Control Code, and how much it will cost.
PETITIONS AND COMMUNICATIONS:
Mayor Laurie acknowledged receipt of communications from:
Ist NAT'L BK 1. Arthur M. Johnson, Branch Manager of the PGA Office of the First
OF PBG National Bank of PBG, inviting the Council, City Manager, and Depart-
ments Heads of the City to attend their grand opening on August 6, 1979.
UN DAY CHAIRMAN 2. O. Pendleton Thomas, National United Nations Day Chairman, re: the
observance of United Nations Day an October 24, 1979.
REPORTS: Mayor Laurie and Vice Mayor Kiedis reported that they attended and enjoyed
MAYOR LAURIE: the Country Western Jamboree sponsored by the City's Recreation Department
on Friday, July 27, 1979, at Plant Drive Park.
Mayor Laurie reported that he contacted Mr. Allen Perkins, Manager of the
Village of Palm Springs, requesting information re: their municipality's
contracted post office.
City Council Regular Meeting, 8/2/79
Page 7
ITEMS BY MAYOR AND COUNCIL:
The Council acknowledged receipt of an "Initial Preliminary Report" on
�- the Tri- Cities Acquisition of Seacoast Utilities, Inc., compiled by
Councilman Aldred. This report will be further reviewed by the Council
at a future meeting and then forwarded to the Village of North Palm Beach
and the Town of Lake Park for their review and discussion at a future
Tri -City Meeting. Mayor Laurie will send these municipalities a com-
munication bringing them up -to -date on this subject.
ADJOURNMENT: With no further business, the meeting adjourned at 11:49 P.M..
MAYOR LAURIE COUNCILMAN ALDRED
VICE MAYOR KIEDIS COUNCILMAN FEENEY
CITY CLERK
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COUNCILMAN MARTINO