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HomeMy WebLinkAboutMinutes Council 110675i REGULAR MEETING CITY OF PALM BEACH GARDENS NOV EMB ER 6 , 1975 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Martino at 8 :00 P.M. in the Assembly Room, 10500 N. Military 'Trail, Palm Beach Gardens, Florida and opened with the Pledge of Allegiance to the Flag. ROLL CALL: Roll was called by the City Clerk and present were: Mayor Martino, Vice Mayor DeLonga, Councilman Wiley, Councilman Kiedis and Councilman Feeney. Attorney Brant was in attendance. MINUTES: The Minutes of the Workshop Meeting and the Administrative Meeting of October 23, 1975 were unanimously approved by the Council. The Minutes of the Administrative Meeting of October 29, 1975 were read in full by the City Clerk and unanimously approved by the Counc i 1. ANNOUNCEMENTS: Mayor Martino made the following announcements: Merit System Board Meeting would be held Monday, November 10, 1975 at 7:30 P.M. Recreation Advisory Board Meeting would be held Tuesday, November 18, 1975 at 8 :00 P.M. Planning and Zoning Commission Meeting would be held Tuesday, November 11, 1975 at 7 :30 P.M. Volunteer Firemen's Meeting would be held Tuesday, November 11, 1975 at 7 :30 P.M. Beautification and Environmental Committee Meeting would be held Wednesday, November 12, 1975 at 7 :30 P.M. Jr. Orange Bowl Queen Contest on Wednesday, November 12, 1975 at Regular Meeting„ November 6, 1975 the Palm Beach Gardens High School Auditorium Page 2 Mass Palm Beach Gardens Contest on Wednesday, November 12, 1975 at 7:30 P.M. at the Palm Beach Gardens High School Auditorium. Mayor Martino declared a moment of silent prayer as a tribute to Mrs. Ethel Keene, the deceased wife of Volunteer Fireman Thomas Keene. PRESENTATION OF TROPHIES: Mayor Martino presented the trophies to the winners of the Palm Beach Gardens Golf Tournament held Sunday, October 269 1975 at Frenchman's Creek, and thanked the Recreation Department for a job well done and the owners of Frenchman's Creek for the use of their golf course. The winners were: Mens City Champion - Gross Scort - John Kiedis, Bill Herman and Jack Hanson. Mens Mayor Trophy - Calloway System - Charles Ring, J. Stasul and J. Yakovac Womens City Champion - Gross Score - Lorraine Cates and Francis Herman Womens Mayor Trophy - Calloway System - Alyce Marshall and M. Besarich Nearest the Pin - Ian Danielski Longest Drive - Charles Ring Woody Dukes, Recreation Director introduced Mary Ann Kise who has been hired as a Recreation Supervisor for the City. A short recess was called to meet Mary Ann and congratulate the winners of the golf tournament. Regular Meeting, November 6, 1975 PETITIONS AND COMMUNICATIONS: Page 3 Mayor Martino acknowledged receipt of communications from: P&Z COMMISSION: I. Planning and Zoning Commission recommendation that lands located within Section 5 -42-43 be annexed into the City with certain stipulations to consider. THOMAS HAYES: 2. Thomas A. Hayes, Assistant to Senator Lawton Chiles advising he will be at the City Hall on Thursday, November 139 1975 from 9 :00 to 10:15 A.M. to discuss any problems or questions the public may have. PAUL ROGERS: 3. Congressman Paul G. Rogers supporting the City's Resolution #389 1975 re Federal Revenue Sharing Funds. AREA 4. Area Planning Board commending Roberta Pearce, Secretary in PLANNING BOARD: the Building Department of the City for her hssistance in supplying B ICENTENNIAL COMMUNITY: ANSELL JEFFER IES : JAMES ANTON: them a list of building permits. 5. M. T. Swinehart, Regional Director, advising that the City has been designated by the American Revolution Bicentennial Administration as an official Bicentennial Community. 6. Ansell Jefferies, Jr. Director, Housing and Community Development notice of meeting of the Citizens Action Committee at 4 :00 P.M. on Friday, November 7, 1975, County Courthouse. 7. James C. Anton, Director, Department of Engineering, attaching an agreement between the Florida East Coast Railroad Company and Palm Beach County for PGA Boulevard Grade Crossing. SKIP BAFALIS: 8. Congressman Skip Bafalis stating he will support Resolution #38, 1975 re Revenue Sharing Program. Regular Meeting, November 60 1975 Page 4 PUBLIC SERVICE 9. Public Service Commission Amended Order relative to the water and sewer increase in rates. RESOLUTIONS: Resolution #429 1975 appointing an Alternate member to the Zoning RESOLUTION #42, Board of Appeals and inserting the name Dr. James Smith in Section 1 was read in full by the City Clerk and unanimously adopted by the City Council. RESOLUTION #43, Resolution #430 1975 Adopting the procedures for Site Plan and Appearance Review was read in full by the City Cleric and unanimously adopted by the City Council. RESOLUTION #44, Resolution #441 1975 Adopting the procedures for Annexation/ Zoning and Rezoning was read in full by the City Clerk and unanimously adopted by the City Council. RESOLUTION #45, Resolution #45, 1975 Adopting Amendment VI to Retirement Plan for 1975: General Employees of the City and modified to delete "or next following" was read in full by the City Clerk and unanimously adopted by the City Council. RESOLUTION #46, Resolution #46, 1975 Adopting Amendment VI to Retirement Plan for w the Officers and Employees of the Fire and Police Departments and deleting "or next following" was read in full by the City Clerk and unanimously adopted by the City Council. RESOLUTION #47, Resolution #47, 1975 authorizing the Mayor and City Clerk to 1975.0 execute an agreement to purchase Lot 12, Block 68, Plat 6 from JCM, Inc., was read in full by the City Clerk and unanimously adopted by the City Council. Mayor Martino stated this would allow the City adequate access to the Earman River for proper maintenance and provide a public walkway to be maintained through the area. Regular Meeting, November 6, 1975 Page 5 Councilman Wiley commented for the record tbt the City had tried to purchase an access way suitable for the purposes expressed in the resolution, and were unable to buy any of that portion of the lot that was desired, and ended up buying the entire parcel of land. In his opinion this was far in excess of the required acreage necessary, and urged the City Council or future City Councilfs to make arrangements to take steps to sell the remaining portion for residential purposes, and maintain the access required. MOTION: Motion was made, seconded and unanimously carried that the funds to purchase Lot 12, Block 68, Plat 6 be taken from the Contingency Fund. Mayor 14artino related the deposit for the lot was $500.00; the down payment $3295 with a balance of three annual installments of $4,377.96. RESOLUTION #481 Resolution #48, 1975 authorizing the Mayor and City Clerk to • enter into an agreement to purchase 9.6 acres of land contiguous to the lands of the City Hall Complex, was read in full by the City Clerk and unanimously adopted by the City Council. Mayor Martino stated the deposit for the land in the amount of $5,000 and the down payment in the amount of $ 155,000 would come from monies from the Bond Referendum passage in 1971 that were held in escrow for this purpose, and specifically designated for the purchase of recreational lands. The balance of $208,500 will be paid over a 12 year period with annual installments of $17,375 principle together with interest on the unpaid principle balance. RESOLUTION #49, Resolution #49, 1975 supporting legislation which will eliminate the requirement that yard trash be disposed of in the same manner Regular Meeting, November 62 1975 Page 6 as household garbage and other solid waste, was read in full by the City Clerk and adopted unanimously by the City Council. I--- Copies will be sent to the County Commission, State Delegation and north County Municipalities and the Florida League of Municipalities. RESOLUTION #379 Vice Mayor D eLonga stated he had requested the City Council to abandon the sidewalk easement behind his home and that of his neighbor to enable them to more fully utilitize their property, and that because he had a personal interest in this subject, he would step down from the podium and refrain from voting. He provided the Council with written documents from Florida Power and Light Company, Palm Beach County Utilities Company, Perry Cable Television Company, and Southern Bell Telephone that they had no objections, and a list of residents of Plat 5 stating they concurred with the request. Mayor Martino declared the Public Hearing open on consideration of final passage of Resolution #370 1975 the abandonment of utility easement - Lots 26 and 27, Block 56, Plat #5s the notice of intent to abandon the easement was duly advertised on October & and October 15, 1975. No one in the audience spoke for or against the Resolution. Councilman Wiley commented that he felt the request was in order, in that a request of a citizen or group of citizens normally in a manner such as this would go before the Zoning Board of Appeals which deals with set back requirements. "The City Council has made the jurisdiction of the Zoning Board of Appeals very restricted, and as such, in this particular incident there is no other recourse except to come to the City Council. The Council has enacted Regular Meeting, November 60 1975 Page 7 several pieces of legislation based on requests to the Zoning Board of Appeals in situations regarding swimming pools; in this case they do not have the jurisdiction. Even though a member of the City Council is bringing this to us, we have to look at it in terms of its own merit. The Zoning Board of Appeals acts specifically and only on the merits of the case brought before that Board and this Council should act specifically and only on the merits of the situation presented to us in this case. Anyone else with a request may bring the same sort of substantiation to whatever Board has the jurisdiction." After a change in the teat of the Resolution was made, at the recommendation of Councilman Kiedis and Councilman Wiley, Resolution #37, 1975 abandonment of utility easement - Lots 26 and 27, Block 56, Plat #5 was read in full by the City Clerk and unanimously adopted. Mayor Martino suggested a policy decision be made in the near future to support other resolutions that are similar for all areas of Plat #5. Councilman Kiedis agreed the abandonment of that easement should be made in the whole block so it is uniform throughout. ORDINANCES: Mayor Martino declared the Public Hearing open on consideration of ORDINANCE #91 Ordinance #9, 1975 amendments to the Fire Code, as duly advertised on October 22, 1975. Mayor Martino read a letter dated November 6, 1975 from Mr. Vincent Pappalardo containing his comments regarding the ordinance, in particular, the requirement that sprinklers be required in stair towers and inside the entrance to apartments. r Regular Meeting, November 6, 1975 Page 8 After discussion by the Council and comments made by Marvin Turk, local contractor and builder, were heard, the Public Hearing was declared closed by Mayor Martino. Ordinance #9, 1975 amendments to the Fire Code was read by title only with the modification, on second reading by the City Clerk and unanimously adopted by the Council. ORDINANCE #21r The Public Hearing, recessed from the Regular Meeting of October 16, 1975 on consideration of Ordinance #21, 1975 limitation of time a contractor can use a home as a model structure, was declared open by Mayor Martino. After discussion was held by the City Council, and comments were presented by Marvin Turk, contractor and builder, the Public Hearing was recessed to the Regular Meeting of November 20, 1975. The City Attorney was directed to rewrite Ordinance #21, 1975 including the comments made at a previous meeting and on this date, for the workshop meeting of November 13, 1975. A copy of the amended ordinance will be given to Mr. Turk, other contractors who have models in the City and to the Homebuilders Association. REPORTS: Mayor Martino reported he had attended the Planning and Zoning P &Z COMMISSION Commission Meeting held October 28, 1975 and that a copy of the minutes were available in the "information folder ". AMUR FISH! Councilman Kiedis reported he had received a reply from the Department of Natural Resources regarding the Amur Fish which stated that the jurisdiction is now with the Fresh Water and Game Commission, who have placed a one year moratorium on stocking the Regular Meeting, November 6, 1975 fish in natural lakes and rivers. Page 9 PBG COMMUNITY Councilman Feeney reported that construction on the expansion to the HOSPITAL: Palm Beach Gardens Community Hospital will begin on March 1, 1976 with completion to be in 13 months. The City Manager was directed to advise the Hospital Administrator that they have not complied with the Site Plan Review. HOME BUILDERS Councilman Wiley reported he had attended the monthly meeting of the AND CONTRACTORS MEETING: Home Builders and Contractors Association held Monday, November 3, 1975. Discussion centered around "Impact Fees". It was agreed a meeting should be scheduled with the contractors and other interested parties to hear the comments of the Council on this subject. ITEMS BY THE CITY MANAGER: USE OF ROOM- 1. At the recommendation of the City Manager, and by unanimous FIRE STATION: vote of the Council, authorization was given to Palm Beach Junior College to use a room in the Fire Station for the purpose of instructing a course in Fire Protection. APPROVAL TO PAY 2. At the recommendation of the City Manager, authorization was FOR APPRAISALS: given, by unanimous vote of the City Council, for payment of the two appraisals on Lots 11 and 12, of $100.00 to Brown and Orr and $125.00 to Callaway and Price, monies to come from the Contingency Fund. NOISE ORDINANCE: 3• The City Manager, John L. Orr, advised he had sent a copy of the proposed. Noise Ordinance to Dr. Stanley Dunn of FAU,, who in turn will determine if State Funds can be used to purchase the equipment needed to implement this ordinance, and for the training of personnel for this program. i Regular Meeting, November 6, 1975 Page 10 SALARY INCREASE: 4. At the recommendation of the City Manager John L. Orr, the Council had no objection to the salary increase for the Chief of Police and the Public Works Director. The City Manager and the Mayor will schedule discussion on the Charter Revisions and the Noise Ordinance in the near future. USE OF PLANT 5. The request from the Park Dance Center to use the Plant Drive DRIVE P Park to rehearse for a half time show at the Orange Bowl was unanimously granted by the Council. ORGANIZATION 6. The City Manager, John L. Orr, will provide the Council with CHART: a recommendation for the filling of a vacancy in the Public Works Department since it is a deviation from the Organization Chart presented at the beginning of the budget year. ITEMS BY THE MAYOR AND COUNCIL: VICE MAYOR Vice Mayor DeLonga requested the City Manager to arrange for DE LONGA: police coverage on holidays in a rotating manner. Vice Mayor DeLonga advised the tennis courts at the High School have been repaved. A cost figure will be determined by the City Manager for additional equipment to the Kiddie Park located at Plant Drive. COUNCILMAN, Councilman Wiley recommended, and the City Council concurred, that WILEY: a record be kept by the City Manager, of all comments, complaints or approvals relative to the condition of the water, to be used for evidence and documentation to the Utility Company at a future date. ADJOURNMENT: No further business, the meeting adjourned at 11 :30 P.M. Regular Meetings November 6s 1975 Mayor Martina .ce Mayor DeLU§-a ° Pty Clerk Page 11 t Councilman Wiley ci:?C u y cilman Kiedis Councilman Feeney