HomeMy WebLinkAboutMinutes Council 060277l
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 2, 1977
The Regular Meeting of the City Council of Palm Beach Gardens was called
to order by Mayor Feeney at 8:00 P.M. in the Assembly Room, 10500 north
Military Trail, Palm Beach Gardens, Flori&, and opened with the Pledge
of Allegiance to the Flag.
ROLL CALL: Roll was called by the City Clerk and present were: Mayor Feeney, Vice
Mayor Laurie, Councilman Martino, Councilman Kiedis and Councilman
Rossow. Attorney Brant was in attendance.
MINUTES: The Minutes of the Regular Meeting of May 19, 1977 were unanimously
approved by the Council.
ANNOUNCEMENTS: Mayor Feeney announced that the Beautification and Environmental Committee
would hold a meeting on Wednesday, June 8, 1977 at 7 :30 P.M. and a 4th of
July Meeting would be held on Monday, June 6, 1977 at 7 :30 P.M. for those
interested in participating in the program.
PRESENTATION OF Ms. Nancy Laurie, Chairperson for the Cystic Fibrosis Bike -A -Thou,
BICYCLE:
presented a bicycle donated by Pruitt's Schwinn Cyclery, to Charles
Phillips, the winner of the Bike -A -Thou, who traveled 28 miles and
collected $94.00 for Cystic Fibrosis fund.
Ms. Laurie thanked the Recreation Department, in particular Steve Henning,
Director,and other members of the City Staff who assisted her in making
the affair a success.
BID OPENINGS: Bids were received and opened by the City Clerk for the irrigation of
the median strip on Holly Drive, as duly advertised on May 2, 1977.
The bids were read by the City Clerk as follows:
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Regular Meeting, June 2, 1977
Page 2
Jack Kouns, 3320 45th St. West Palm Beach - $18,310.00 Irrigation of
Median Strip along Holly Drive in PBG as per Leonard Devine. Owner shall
patch pipe crossings in turn out areas. Contractor shall rake soil and
shell from trenching operation into trench after piping is laid and owner
shall repair to their specifications. Water to be supplied from canal,
electrical service furnished by Jack Kouns, Mist heads shall be 2" Pop Ups,
sprinkler valve shall be gate type, Toro Pedestal controller.
Sunnyiand Irrigation - $15,635.00 Alternate I; Electrical work by other
Subcontractor - $490.00. Toro Pedestal controller, 7'� HP Berkley Pump,
sprinkler heads - Toro #570 with 3 inch pop ups, pressurize system,
valves shall be Toro 1!i Cycolae and shall pass 70 G.P.M., Water velocity
shall not exceed 5.5 feet per second, PVC pipe shall be rated to 160 psi,
contractor shall provide concrete pad for pump, contractor to provide
valve boxes.
Evergreen Irrigation Systems, Inc. - Sprinkler System - $11,054.90, Well -
$900.00, Pump - $1,762.00 for Total $13,716.90. Water to be supplied from
well at depth of thirty five feet, Electric service shall be furnished by
others, sprinkler valve shall be Toro, Mist sprinkler heads shall be
#7600 Safe -T -Lawn, sprinkler heads shall be #300 Toro, Pump shall be 3 HP
Goulds, sprinkler system shall have twenty two circuits, Controller shall be
Toro and cost of controller is included in contract.
The bids were referred to the City Manager and to Leonard Devine, Director
of Public Works for their review and recommendation, and will be awarded
at a later date.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
SAM CARSILLO: Sam Carsillo spoke from the au] ience asking the Council to consider
curbing the median of Holly Drive in conjunction with the irrigation
project and the City Manager advised he has obtained cost figures which
Regular Meeting, June 2, 1977
he will present at a later date.
Page 3
The City Manager advised Mr. Carsillo that the beautification of the
median strip on PGA Blvd. is under the jurisdiction of the Turnpike
Authority, and that no further information has been received on the
Malayan trees from the State Forestry Division.
Mayor Feeney advised Mr. Carsillo that the dedication of the Rnergency
Room at the Palm Beach Gardem Community Hospital would be held on June
26, 1977 and that the officials of the Hospital were pursuing the
feasibility of a helicopter pad on the roof of the emergency room. Mayor
Feeney thanked Mr. Carsillo, on behalf of the residents and thb Council
for his efforts and time toward promoting the reality of an emergency room.
SANDALWOOD Mr. Tim Messler, Engineer, addressed the Council, on behalf of Mr. Otto
PHASE II:
DiVosta asking relief from the requirements of the Ordinance pertaining
to the Sandalwood Phase II PUD. Mr. Messler explained that the internal
drainage project had been completed, the roads were completed and the
turn -out was completed, however, the permit from the South Florida Water
Management District will not be received until their meeting June 9, 1977,
relative to the solidity data, the crossing of Prosperity Farms Road and
the bulkheading of the lot in North Palm Beach. Mr. Messler stated that
these three structure designs are now under contract and an additional
60 days are needed for completion. The designs have been approved by the
staff of the South Florida Water Management District.
Mr. Messler presented the Council with a letter of credit for $161,926 to
expire in September, 1977 to cover the contracts that are let for the
drainage, which was reviewed by the City Attorney and found to be in order.
City Manager, John L. Orr, confirmed that he had talked to Howard Searcy,
City engineer, who verified that there was no problem with the drainage
and all the criteria of the ordinance has been satibfied.
A motion was made by Councilman Martino, seconded by Councilman Kiedis,
Regular Meeting, June 2, 1977
Page 4
authorizing the City Attorney to prepare an ordinance amending Ordinance
#16, 1976 concerning an extension of permitable building units and also
--� the CO's of the same number of units to total 196, based on the information
presented by Mr. DiVosta and Tim Messler, Engineer; on the information
presented by Howard Searcy, City Engineer to the City Manager and information
pertaining to the letter of credit.
After discussion with Mr. DiVosta and determining the time table on the
project, Councilman Kiedis withdrew his second to the motion and Councilman
Martino rephrased his motion to include consideration of the above stated
ordinance on an emergency basis, which was seconded by Councilman Kiedis.
Vote on motion to consider Ordinance #6, 1977 on an emergency basis:
Mayor Feeney, Councilman Martino, Councilman Kiedis, Councilman Rossow
voted aye; Vice Mayor Laurie voted nay. Vice Mayor Laurie's concern was
that Mr. DiVosta had adequate time to correct his problems and if he
didn't he should have brought this to the Council's attention as soon as he
recognized a problem existed.
Ordinance #6, 1977 was prepared and read in full by the City Attorney for
consideration by the Council based on an emergency need as follows:
An Ordinance of the City of Palm Beach Gardens, Florida, amending the last
paragraph of Section 5 of Ordinance #16, 1976 by authorizing additional
partial Certificates of Occupancy issued by the Building Official and
providing for passage of this Ordinance on Emergency Reading, and providing
for the repeal of all Ordinances or parts of Ordinances in conflict herewith
and providing for this Ordinance to be effective on date of passage. Be
it ordained by the City Council of Palm Beach Gardens, Florida: Section 1.
The last paragraph of Section 5 of Ordinance #16, 1976 be and the same is
hereby amended as follows: "Provided all necessary permits required by the
South Florida Water Management District shall be issued by the said
Governmental body, one hundred (100) partial certificates of occupancy in
e
Regular Meeting, June 2, 1977
Page 5
addition to those partial certificates of occupancy heretofore authorized,
shall be issued by the Building Official of Palm Beach Gardens." Section 2.
This Ordinance is hereby read and placed on first and second reading and
adopted on an emergency basis by at least 2/3 of the members of the City
Council. Section 3. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed. Section 4. This Ordinance shall be
effective upon date of passage hereof.
Discussion followed concerning the safeguard provision that all necessary
permits required by the South Florida Water Management District be issued,
before CO's are issued by the City, and Attorney Brant was directed to
read the Ordinance without the stipulation as follows: "Section 1. The
last paragraph of Section 5 of Ordinance #16, 1976 be and the same is
hereby amended as follows: "One hundred (100) partial certificates of
occupancy in addition to those partial certificates of occupancy
heretofore authorized shall be issued by the Building Official of Palm
Beach Gardens."
Councilman Kiedis made a motion, seconded by Councilman Martino that the
City Attorney read Ordinance #6, 1977 as amended, on first reading, in
full on an emergency basis. Vote on motion: Mayor Feeney, Councilman
Kiedis, Councilman Martino and Councilman Rossow voted aye; Vice Mayor
Laurie voted nay.
Ordinance #6, 1977 was read on first reading in full by Attorney Brant on
an emergency basis and adopted as read on a motion by Councilman Martin o,
seconded by Councilman Kiedis. Vote on motion - Mavor FeenPV. c'.nnnrilman
Kiedis, Councilman Martino, and Councilman Rossow voted aye; Vice Mayor
Laurie voted nay.
�- Councilman Kiedis made a motion, seconded by Councilman Martino that the
City Attorney be authorized to read Ordinance #6, 1977 on second reading,
by title only, on an emergency basis. Vote on motion - Mayor Feeney,
r
Regular Meeting, June 2, 1977
Page 6
Councilman Kiedis, Councilman Martino and Councilman Rossow voted aye;
Vice Mayor Laurie voted nay.
The City Attorney read Ordinance #6, 1977 on second reading, by title only,
on an emergency basis and Ordinance #6, 1977 was adopted as read on a motion
by Councilman Kiedis, seconded by Councilman Martino. Vote on motion:
Mayor Feeney, Councilman Kiedis, Councilman Martino and Councilman Rossow
voted aye; Vice Mayor Laurie voted nay.
Mayor Feeney declared that Ordinance #6, 1977 was placed on first and
second reading in an emergency session because of the urgency regarding the
Sandalwood PUD project, with the Council's feeling that all the proper
safeguards etc. had been met by Mr. DiVosta, and to preclude the laying
off of construction people for a period of time, contingent upon the
permitting by the Florida Water Management District, it was the Council's
opinion that it was necessary to place this Ordinance in an emergency
session at this meeting.
PETITIONS AND COMMUNICATIONS:
PBG COMMUNITY Mayor Feeney acknowledged receipt of an invitation from the Palm Beach
Gardens Community Hospital to the dedication ceremonies of the emergency
room on Sunday, June 26, 1977.
MAYOR M.C.LOVE Mayor Feeney acknowledged receipt of a communication from M. C. Love, Jr.
NORTH PALM BEACH:
Mayor of North Palm Beach soliciting cooperation in the conservation of
water and support to get the utility expansion completed as soon as possible.
The Council concurred to place an item in the Newsletter similar to the one
in the North Palm Beach Newsletter so that the residents will be made
aware of the problem in North Palm Beach which could also be experienced
� in Palm Beach Gardens, and asking for voluntary banning of lawn sprinkling
on week -ends.
Regular Meeting, June 2, 1977 Page 7
The City Manager was directed to determine the completion date of the new
water utility plant, and if necessary to request that the Florida Public
`-� Service Commission investigate the delay.
RESOLUTIONS: Resolution #28, 1977 reappointing members to the Site Plan and Appearance
RESOLUTION #28, Review Committee and inserting the names Hilmy Adeeb and Arthur Nelson
1977:
in Section 1 was read in full by the City Clerk and unanimously adopted by
the Council.
RESOLUTION #29, Resolution #29, 1977 reappointing an alternate member to the Zoning Board
1977:
of Appeals and inserting the name Donald Kiselewski in Section 1 was read
in full by the City Clerk and unanimously adopted by the Council.
ORDINANCE its, mayor Feeney declared the Public Hearing open on consideration of
T#77:
Ordinance #5, 1977 amending Ordinance #15, 1976 the Budget Ordinance for
the Fiscal Year beginning October 1, 1976 and ending September 30, 1977,
11 as duly advertised on May 11, 1977.
There were no comments from the audience. Vice Mayor Laurie commented
that at a previous meeting, the Council had reviewed the ordinance in
detail with the City Manager explaining each line item to their
satisfaction.
Mayor Feeney declared the Public Hearing closed.
Ordinance #5, 1977 was read by the City Clerk on second reading, by title
only, and unanimously adopted by the Council.
ITEMS FOR DISCUSSION:
LIAISON MEMBERS As per Council policy to rotate every three months their positions as
TO ADVISORY BOARDS:
liaison members to the various Advisory Boards, Council members
specified their choice to serve on the Boards.
ZONING FOR City Manager John L. Orr presented the Council with copies of ordinances
_76—RN-0-U— RAPHIC
USES: re zoning for pornographic uses from Kansas City, Missouri and Birmingham,
N,
Regular Meeting, June 2, 1977 Page 8
Michigan using the approach of controlling these uses in the Zoning Code
as regulated uses.
u Councilman Rossow was of the opinion that obscenity was covered in the
Misdemeanor Ordinance and that the cases could be heard and tried on an
individual bases.
The City Attorney was directed to pursue and prepare an ordinance best
suited for the City to eliminate those activities that are undesirable.
REPORTS: Vice Mayor Laurie reported he had attended the Planning and Zoning
P &Z COMMISSION Commission Meeting held May 31, 1977 and that Marvin Hill, Planner for
MEETING:
the City was in attendance to review the revisions to the Zoning Code.
Vice Mayor Laurie reported he had attended the Senior Citizens Pot Luck
Supper held Friday, May 27, 1977 which was very enjoyable.
ITEMS BY THE CITY MANAGER:
BIDS FOR AQUATIC City Manager John L. C1rr gave the Council copies of specifications for a
WEED CONTROL
PROGRAM: cal 1 for bids for an Aquatic [deed Control Program for the City.
The Council concurred that the bids should be let to determine what the
cost would be. Councilman Kiedis was of the opinion that by letting an
outside firm do the work,in this and other projects, that the Public
Works Department would be overstaffed.
Councilman Martino felt that the overall look of the City was run down and
an agenda item in the future should be a review of the operation and
duties of the Public Works Department.
PURCHASE The City Manager advised that the purchase agreement for the 12.865 acres
AGREEMENT -
12.865 ACRES: on the south side of Burns Road did not show the well water line locations,
and that the Utility easements must be given to the Utility Company from
Royal American Industries, Inc. The deed has been reviewed by the City
Attorney and City Engineer and authorization must be given at this time
Regular Meeting, June 2, 1977
Page 9
since the closing date is June 15th prior to the next regular meeting.
A motion was made, seconded and unanimously carried authorizing the
Mayor and City Clerk to accept the Utility easement amendments as
discussed, based on the legal advice of the City Attorney, in deference
to Resolution #i25, 1977 which was duly authorized and passed by the City
Council, after June 15th meeting with Royal American Industries, Inc.
I -95 OVERPASS: The City Manager reported he had attended a meeting regarding the
overpass and cloverleaf at I -95 and PGA Blvd. and that construction
would begin on July 5th.
ITEMS BY MAYOR AND COUNCIL:
COUNCILMAN KIEDIS: Councilman Kiedis suggested that the Council consider an ordinance
regulating parking on City streets with a modest fine for first time
violators. The City Manager stated that parking is now allowed during
all hours with the exception of 2 A.M. until 6 A.M.
Councilman Kiedis asked that the trees and shrubs that were killed by
the frost on Holly Drive be trimmed.
Councilman Kiedis suggested, and the Council concurred, that the City
Attorney investigate and clarify the word "equivalent" as it appears in
the Ordinance relative to roofing material allowed in certain zoning
districts.
VICE MAYOR The City Manager advised Vice Mayor Laurie that the street signs for Plat
LAII RI E:
##4 have been ordered, and that Howard Searcy, Engineer will attend the
South Florida Water Management Meetings and make necessary recommendations
to the City, and the businesses that have not responded to the initial
letter from the City relative to the Landscape Code will be contacted after
the City complies to the Ordinance.
The Council concurred with the suggestion of Vice Mayor Laurie, that the
Re;ular Meeting, June 2, 1977
Page 10
Building official present the facts surrounding the Graham Real Estate
Sign as to its legality and that the item be placed on the agenda for
discussion at a future meeting.
Vice Mayor Laurie made reference to the letter from Congressman Bafalis
relative to the allocation of funds from the Emergency Public Works Jobs
Bill, which the City Manager will pursue. Vice Mayor Laurie volunteered
to make a drawing of a proposed Community Center.
ODUNCILMAN The City Manager advised Councilman Martino that the problem with the
MARTINO:
contractor over repairing the tennis courts has been turned over to the
Insurance Adjuster.
The Council concurred with the suggestion of Councilman Martino that an
answer should be received regarding the outcome of the liability for the
faulty roof on the Fire Station by the Regular Meeting on June lb, 1977.
Councilman Martino advised that some construction activity was taking
place beyond the fence at C�amdaras on Burns Road, and asked that the
Building Department investigate.
Councilman Martino pointed out that the landscaping at the Stop and Go
store on Lighthouse Drive is not being maintained.
Councilman Martino expressed congratulations to Ed Arrants, Fire Chief
on being elected State Vice President for the International Association
of Fire Chiefs, and District Vice President of the State Firemen's Assoc.
MAYOR FEENEY: Mayor Feeney questioned the feasibility of the item in the newsletter
that stated violators of the Dog Ordinance would be brought to the station.
in answer to a question posed by Mayor Feeney, the City Manager advised
the Palm trees in the City would be trimmed on a select basis as the
Public Works schedule allowed.
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Regular Meeting, ,Tune 2, 1977
AWOURNMBNT:
Page 11
Mayor Feeney reported that he had responded to the letter received from
Congressman Bafalis relative to a proposed library being located in the
City.
Mayor Feeney asked that recognition be given to Harry Lewis, Chairman of
the Landscape Committee of Adjustment, who is moving from the City.
No further business, the meeting adjourned at 11:25 P.M.
Mar Feeney
Vice Mayor Laurie
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C �L'-C -L �J 6, Lv,9c Z'( -4 C-
. 5%ty Clerk
Councilman Martino
Coutc—ilmaA Rossow
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