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