HomeMy WebLinkAboutMinutes Council 092079CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 20, 1979
The Regular Meeting of the City Council of Palm Beach Gardens was
called to order by Vice 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: Vice Mayor
Kiedis, Councilman Martino, Councilman Aldred, and Councilman Feeney.
Attorney William Brant and City Manager John Orr were also in attendance.
Mayor Samuel Laurie was not in attendance due to business commitments.
MINUTES: The minutes of the September 6, 1979 Regular Meeting were unanimously
approved by the Council, as written.
The minutes of the September 13, 1979 Workshop Meeting were unanimously
approved by the Council, as amended.
ANNOUNCEMENTS: Vice Mayor Kiedis announced that a meeting of the City's Planning and
Zoning Commission will convene at 7:30 P.M. on Tuesday, September 25, 1979.
PROCLAMATIONS: Vice Mayor Kiedis read a Proclamation proclaiming the week of September
13 through 23, 1979, "Constitution Week ".
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
MR. SAMUEL Mr. Samuel Carsillo, 10063 Dahlia Avenue, PBG, addressed the Council re:
CARSILLO the "fuel adjustment" Florida Power & Light Company charges its users;
the increase in taxes by the School System without a referendum; the pend-
ing location of a helicopter landing pad at the Palm Beach Gardens Hospital:
and the lack of mobile home owners paying Ad Valorem taxes.
RESOLUTIONS: By a unanimous vote of the Council, the City Clerk read in full Resolution
RESOLUTION 61, 61, 1979, reappointing various Department Heads and Officers of the City.
T7 9 Resolution 61, 1979 was unanimously adopted by the Council.
RESOLUTION 62, By a unanimous vote of the Council, the City Clerk read in full Resolution
T9^77 62, 1979, increasing the annual salary of the City Manager and providing
for reimbursement of basic expenses. A motion was made by Councilman Aldred
seconded by Councilman Feeney that Resolution 62, 1979 be adopted by the
Council as read by the City Clerk.
City Council Regular Meeting, 9/20/79
Page 2
Councilman Aldred commended the City Manager and the City staff for
their administrative efforts in the reduction of the City's millage
rate for this, the third successive, year.
Vice Mayor Kiedis conveyed that he was displeased with the fact that the
Budget Workshop held by the Council on City employees' salaries was not
deferred until he returned from vacation so he could be in attendance and
give his input; and that he hadn't received any input re: the salaries of
the City Manager and City Department Heads established by the rest of the
Council for the ensuing Fiscal Year.
Vote on motion to adopt Resolution 62, 1979: Councilman Aldred, Councilman
Martino, and Councilman Feeney voted aye; Councilman Kiedis voted nay.
Resolution 62, 1979 was adopted by the Council with three ayes and one nay.
RESOLUTION 63, By a unanimous vote of the Council, the City Clerk read in full Resolution
979 63, 1979, increasing the monthly expense allowance for members of the
Council. Resolution 63, 1979 was unanimously adopted by the Council.
RESOLUTION 64, By a unanimous vote of the Council, the City Clerk read in full Resolution
T777 64, 1979, executing an Employment Agreement between the City and the Palm
Beach County Police Benevolent Association for the 1979/1980 Fiscal Year.
Resolution 64, 1979 was unanimously adopted by the Council.
RESOLUTION 65, Vice Mayor Kiedis declared the Public Hearings open, which were duly
1979 advertised September 4, 1979, and held for the purpose of the Council's
consideration of the requests of Mr. Otto DiVosta, Owner /Developer of the
Garden Square PUD, for exceptions to the distance requirement of 750'
between alcoholic beverage vendors within the shopping center.
Noone in the audience spoke for or against the variance requests. Vice
Mayor Kiedis declared the Public Hearings closed.
By a unanimous vote of the Council, the City Clerk read in full Resolution
65, 1979, permitting Lord Chumley's Pub, 10933 N. Military Trail, to sell
alcoholic beverages for on- premise consumption, and permitting Napa Valley
Wine Merchant & Company, 4521 PGA Boulevard, and Garden Square Liquors, 10909
N. Military Trail, to sell alcoholic beverages for off- premise consumption,
as exceptions to the requirement of Section 3 -30 of Article II of Chapter
3 of the City's Code. Resolution 65, 1979 was unanimously adopted by the
Council.
City Council Regular Meeting, 9/20/79
Page 3
RESOLUTION 67, By a unanimous vote of the Council, the City Clerk read in full Resolution
1979- 67, 1979, approving as a temporary conditional use the location and use
of a building that will ultimately become a part of the Resort Core under
the future development plan of the PGA Resort Community ;a Planned Commun-
ity District),as a temporary clubhouse. Resolution 67, 1979, was unani-
mously adopted by the Council with the period of twelve months inserted in
the blank of Section 2.
RESOLUTION 68, By a unanimous vote of the Council, the City Clerk read in full Resolution
68, 1979, endorsing the Areawide Housing Opportunity Plan for Palm Beach
County. A motion was made by Councilman Aldred, seconded by Councilman
Martino, that Resolution 68, 1979 be adopted by the Council as read by the
City Clerk. Vote on motion: Councilman Aldred, Councilman Martino, and
Vice Mayor Kiedis voted aye; Councilman Feeney voted nay. The motion was
passed with three ayes and one nay.
Councilman Feeney conveyed that he voted against the adoption of Resolution
68, 1979, as he was not in favor of additional Federal Assistance /Funding
Programs.
RESOLUTION 70, By a unanimous vote of the Council, the City Clerk read in full Resolution
T7 7T 70, 1979, authorizing the donation of monies to the Inter -City First Aid
Squad, Inc. for the purpose of aiding the ambulance service with its fiscal
problems. Resolution 70, 1979 was unanimously adopted by the Council with
the verbiage "until October 1, 1979" deleted from the heading and third
"WHEREAS" paragraphs, and the insertion of the amount of $2,250 in the
blank of Section 1.
A motion was unanimously adopted by the Council for $750 of this donation
to be taken from the Council Contingency Account. The remaining $3,500
is to be taken from Account 01- 48.00.
Mr. Howard Lebrecht, Director, and Mr. Philip Wherry, President of the
Inter -City First Aid Squad, Inc. thanked the Council for the City's monetary
support.
ORDINANCE 11, At the City Council Regular Meeting of June 15, 1978, the City Council
12778- exercised Public Hearings on their considerations of adoption of Ordinance
10, 1978, and Ordinance 11, 1978, which were based on the petitions of Mr.
David Handel, Trustee of H.G.G.S. Associates and owner of the Meadows Mobile
Home Park.
City Council Regular Meeting,, 9/20/79
Page 4
Ordinance #10, 1978, rezoned a 20 -acre parcel of land located contiguous
to the west of the Meadows Mobile Home Park from Agricultural District
to Mobile Home District, thus enabling the expansion of the park.
Ordinance #11, 1978, rezoned a 27.222 -acre parcel of land located on the
west side of Prosperity Farms Road, south of PGA Boulevard, within Section
5- 42 -43, from Mobile Home District to medium density residential and
general commercial districts.
Per the request of Mr. Hendel, the Council at their Regular Meeting of
June 15, 1978 adopted Ordinance X610, 1978; and recessed the Public Hearing
on Ordinance X611, 1978 until their meeting of December 7, 1978, enabling
Mr. Hendel to make application to the City for the creation of a Planned
Unit Development with residential and commercial usages on the 27.222 -acre
parcel.
At their Regular Meetings of December 7, 1978, March 15, 1979, and June
21, 1979, the Council, per Mr. Hendel's request, recessed the Public
Hearing to be held in conjunction with their consideration of adoption of
Ordinance 11, 1978, until their Regular Meetings of March 15, 1979, June
21, 1979, and this date, respectively.
Vice Mayor Kiedis reconvened the Public Hearing on the intent of Ordinance
11, 1978, which was duly advertised May 27, 1978.
Mr. Hendel addressed the Council conveying the various factors that have
caused the delay in his application for a Planned Unit Development on this
27.222 -acre parcel, including his consideration of relocating the Meadows
Mobile Home Park; however, he assured the Council that even though he
doesn't have any immediate plans for developing these lands, he does wish
to honor his commitment to remove the mobile home zoning from this parcel
and proceed with his application for the creation of the multi- family/
commercial PUD on these lands.
Mr. Hank Skokowski, President of Urban Design Studio, Inc., Land Planners,
addressed the Council advising that he is preparing this application; and
it will be in readiness for submittal to the City by October 9, 1979.
With no further comments from members of the audience, Vice Mayor Kiedis
declared the Public Hearing closed.
By a unanimous vote of the Council, the City Clerk read by title only on
Second Reading Ordinance 11, 1978.
City Council Regular Meeting, 9/20/79
Page 5
Councilman Martino noted that if Ordinance #11, 1978 is defeated by the
Council, the zoning of the subject 27.222 -acre parcel would remain Mobile
Home District: and that during the deliberations that Mr. Mendel and his
staff had with the City's Planning and Zoning Commission, the mobile home
zoning on this parcel was "traded away" so he could be granted Mobile Home
District zoning on the 20 acres of land that he bought from Bankers Life
and Casualty Company and annexed to the present Meadows Mobile Home Park.
In response to Councilman Martino, the City Attorney advised that based on
the commitment made into the record by Mr. Hendel and his representative,
the City Council would have the prerogative and power to proceed with
involuntary rezoning of this parcel, in the event Mr. Hendel failed to apply
for its rezoning voluntarily.
Mr. Hendel reiterated that he will honor his commitment and proceed with
his application for the creation of the PUD on these lands.
A motion to adopt Ordinance #11, 1978 was unanimously defeated by the
Council.
ORDINANCE 11, Vice Mayor Kiedis declared the Public Hearing open, which was duly advertised
1777- September 5, 1979, and held on the intent of Ordinance 11, 1979, the adop-
tion of the City's Budget for the 1979/1980 Fiscal Year, which included the
proposed use of funds made available under subtitle A for Federal Revenue
Sharing Funds.
Vice Mayor Kiedis conveyed that he felt the 8% cost of living raise included
in the budget should be multiplied times the total salaries of City employees,
and then divided equally, rather than each employee receiving an 8% increase
in his /her salary. He felt the proposed method is unfair, as the salaries
of City employees are widely ranged, and yet the costs for utility bills,
groceries, gas, clothing, etcetera, are the same for all.
Noone in the audience spoke for or-against the adoption of Ordinance 11,
1979. Vice Mayor Kiedis declared the Public Hearing closed.
By a unanimous vote of the Council, the City Clerk read by title only on
Second Reading Ordinance #11, 1979.
Vice Mayor Kiedis reiterated his displeasure that he was not a party in the
finalizing of the City Managers and City Department Heads' salaries.
Councilman Feeney, on his and the other members of the Council's behalf,
apologized for the Council being remiss in not delaying the Budget Workshop
on City employees' salaries until Vice Mayor Kiedis returned from vacation
and could be in attendance to participate in the discussion.
City Council Regular Meeting, 9120179 Page 6
Ordinance 11, 1979 was unanimously adopted by the Council.
RESOLUTION 71, By a unanimous vote of the Council, the City Clerk read in full Resolution
9� 71, 1979, levying a tax of 5.274 mills on non - exempt real and personal
property located within the City. Resolution 71, 1979 was unanimously
adopted by the Council.
ORDINANCE 12, At their duly advertised Public Hearing held April 24, 1979, the Planning
1979 and Zoning Commission recommended to the City Council the annexation of a
10.046 -acre parcel of land located within Section 13 -42 -42 along the
southern perimeter of Lots 4 -A thru 12 -A of the Unrecorded PGA National
Golf Club Estates, First Addition, PBG, and concurrently with this annexation
the creation of a Planned Unit Development with a zoning classification and
use of single family on these lands and Lot 9 -A of the Unrecorded PGA
National Golf Club Estates, First Addition, PBG, totaling 10.371 acres.
Mr. Jack Mathis, Arthitect /Planner with Team Plan, Inc., addressed the
Council representing a group of investors (i.e., Attorneys Frank and Mike
Ryan and Mr. Lloyd Hasner of Hasco Buildings /Realtors) purchasing the lands
from Mr. Charles E. Brooks, the applicant.
Their proposal is to develop within the 10.371 -2cre Planned Unit Development
a subdivision with a density of 2.71 u /p /a called "Gardens Glen ", to consist
of 28 single- family lots ranging in size from 11,390 sq. ft, to 13,160 sq.
ft. on the 10.046 acres; and develop a road on the vacant lot (Lot 9 -A con-
sisting of .325 acres) to gain access to the subdivision from Holly Drive.
In response to the concern of Mr. Mathis, the City Manager and City Council
assured him the City will commence the legal proceedings for the Council's
consideration of the creation of the 10.371 -acre "Gardens Glen" Planned Unit
Development upon their submittal of all the necessary documents to the City.
By a unanimous vote of the Council, the City Clerk read by title only on
first reading Ordinance 12, 1979, annexing into the City a 10.046 -acre
parcel of land located within Section 13 -42 -42 and simultaneously zoning
same a Planned Unit Development with a permitted use of single family
residences. A Public Hearing and the Council's consideration of adoption
of Ordinance 12, 1979 will take place at the Regular Meeting of October 4,
1979.
City Council Regular Meeting, 9/20/79
Page 7
RESOLUTION At the Workshop Meeting of September 13, 1979, the Council requested the firms
69? 1979 of William R. Hough and Company, Inc. and Southeastern Municipal Bonds, Inc. to
submit contracts for the preparation of a Financial Feasibility Study as (1)
Financial Consultants and (2) Investment Bankers in the City's acquisition of
Seacoast Utilities, Inc. for the Council's consideration.
During the Council's discussion re: the contracts submitted with the gentlemen
representing these firms, a motion was unanimously adopted by the Council that
the City not have a forced or unforced co- manager with respect to engaging an
underwriter.
A motion was unanimously adopted by the Council that the City employ the firm
of William R. Hough and Company, Inc. as Investment Bankers to carry out the
City's intent to purchase Seacoast Utilities, Inc. to its conclusion.
The Council's consideration of adoption of Resolution 69, 1979, executing an
agreement for the preparation of a Financial Feasibility Study on the acquisition
of Seacoast Utilities, Inc., was tabled until the Regular Meeting of October 4,
1979. In the meantime, certain amendments will be incorporated into the contract
to be reviewed by the Council at their Workshop Meeting of September 27, 1979.
ITEMS FOR DISCUSSION:
REJECTION Per the recommendation of the City Manager, the City Council unanimously
DT-= ON
ASPHALT rejected the one bid received by the City from Rubin Construction Company for
SUEWALKS the construction of 1525 lineal feet of asphalt sidwalks in the amount of
$11,349.80. A Call for Bids for the construction of these sidewalks will be
readvertised at a later date.
PETITIONS AND COMMUNICATIONS:
ATLANTIC Vice Mayor Kiedis acknowledged receipt of a copy of a communication dated
A IJLANCE
SERVICE September 19, 1979 from Atlantic Ambulance Service re: Inter -City Ambulance
Service vs a private company providing ambulance service.
REPORTS: The City Attorney reported that the City received this date from Bankers Life
DEED TO and Casualty Company the deed to an easement along the northern side of Lighthouse
EASEMENT
ALONG Drive, east of Alternate A -I -A, enabling the construction of a sidewalk /bicycle
LIGHTHOUSE path along the roadway.
DR.
COUNCILMAN Councilman Feeney reported on the Palm Beach Gardens Community Hospital's Board
NEE .' of Directors' meeting of September 18, 1979.
CITY'S The Cit y Manager reported that the City's purchase of 3-, acres located on Gardens
T-HASE OF
East Drive will take place on Tuesday, September 25, 1979; and that the swap of
T this land with Mr. Nicholas Raich for the 2.53 -acre parcel located contiguous to
the north of Plant Drive Park will, hopefully, be consumated within a week.
City Council Regular Meeting, 9/20/79
Page 8
ITEMS BY MAYOR AND COUNCIL:
COUNCILMAN Councilman Martino suggested that no more than one Department Head /Chief
MARTINO:
of the City take vacation leave at the same time.
Councilman Martino acknowledged receipt of a memorandum from Fire Chief
Edward Arrants re: the City providing Emergency Medical Services; and
rioted that it did not demonstrate the Chief's ability in preparing such a
report.
VICE MAYOR
Vice Mayor Kiedis suggested that the City's Public Works Director relinquish
KIEDIS:
some of his responsibility /authority to the Assistant Director.
COUNCILMAN
1n response to Councilman Martino's inquiry, the City Manager advised that
MARTINp:
the SEIU contract will be considered for ratification by their members in
the City's Public Works' Department on Thursday, September 27, 1979.
Councilman Martino requested that the Public Works' Department resume
putting the "final touches" on the appearance of the City.
The City's Department Heads will be requested to submit to the Council
their suggestions as to improving the conservation of energy.
Councilman Martino requested that communications within the City staff
as a whole improve.
Councilman Martino requested that the City's police officers be more
courteous to the citizenry.
VICE MAYOR
Vice Mayor Kiedis requested that the City's Police Department enforce
KIEDIS
the Bicycle Rules of Safety.
COUNCILMAN
Councilman Feeney suggested that the Council consider the employment of
FEENEY
a Police Chief in the near future.
ADJOURNMENT:
With no further business, the meeting adjourned at 12:03 A.M..
City Council Regular Meeting, 9/20/79
MAYOR LAURIE
C%tzoilil�t_ �G.2
VICE MAYOR KIEDIS
CITY CLERK
Page 9
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COUNCILMAN MARTINO
W COUNC LMfl�Id CCE�'ry
COUNCILMAN ALDRED