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HomeMy WebLinkAboutMinutes Council 062873SPECIAL MEETING CITY OF PALM BEACH GARDENS JUNE 28, 1973 The Special Meeting of the City Council was called to order by Mayor Wiley 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: Councilman Dun- bar, Councilman DeLonga, Councilman Martino, Vice Mayor Kiedis and Mayor Wiley. Mayor Wiley welcomed back Councilman Dunbar after his illness. SPECIAL Mayor Wiley explained this meeting was considered a Special Meeting MEETING: because the Regular Meeting of June 7, 1973 had been cancelled due to the lack of a quorum and by sequence thus called primarily for the continuation of items under discussion. f MINUTES: The Minutes of the Workshop Meeting of June 21, 1973 were unanimousl b approved by the Council. ANNOUNCEMENTS: Mayor Wiley announced the Reorganizational Meeting, which had been tabled from the first meeting in April due to the absence of a City Manager and for the reason that Councilman Dunbar was absent due to illness, will be held at the Regular Meeting of July 5, 1973. Mayor Wiley made an announcement to the Council declaring it was his intention to allow someone else to take the position of Mayor, and although it was not an easy decision to make, for personal reasons, he desired to take this move. PROCLAMATION: A Proclamation, congratulating and joining with the citizens of the Town of Lake Park in celebration of its Fiftieth Anniversary as a Florida Municipality, was read by the Mayor. Special Meeting June 28, 1973 Page 2 REPORTS: Councilman DeLonga stated he had talked to Howard Kuhns in connection with the emergency operations of the City. Mr Kuhns will meet with the City Manager to review the size of the generator. 'ETITIONS & Mayor Wiley acknowledged receipt of the following communications from: IOMMUNICATIONS: ROY JAMES: 1. Roy James requesting a traffic light at I -95 and Northlake Blvd. The Council agreed that any action should be delayed until the road is widened and directed the City Manager to forward a copy of the lettex to the County and State Road Departments, whose jurisdiction they are under, and to send a reply to Mr. James stating same. INTERIM 2. Area Planning Board regarding Interim Water Quality Management WATER QUALITY MANAGEMENT Plan. The City Manager explained the recommendation adopted by the PLAN: Area Planning Board includes a major service area modification whereby the Lake Worth service area is incorporated into the West Palm Beach Service area and the adoption of the technical recommendations in the Interim Plan that all new facilities not be allowed to discharge to inland surface waters. PLANNING 3. Recommendation from the Planning and "Zoning Commission to appoint & ZONING: '! Bryan Thomas and Clair Anderson to the Board to fill the vacancies that will exist on July 1, 1973. A Resolution appointing new members will be placed on the Agenda of the Regular Meeting of July 5, 1973, MEMBERS TO 4. Harry Lewis, Dave Hendel and Ralph Paxton each expressing a desire P & 6 BD.: to serve on the Planning and Zoning Commission. These letters were in response to a notice in the last newsletter that vacancies exist. FLORIDA 5. Florida Engineering Society stating a 1973 Legislative Act which ENGINEERING takes effect July 1 will assist Municipalities in the procurement of professional engineering services. ITEMS FOR 1,Mayor Wiley acknowledged receipt of a letter from Robert Mortimer Special Meeting June 28, 1973 Page 3 OLD DIXIE Chief of Old Dixie Fire Control Tax District No. 2, suggesting a FIRt. DEPT.: merger of the City's Fire Department with their Fire District to solve the duplication of services and fire equipment and to increase manpower. This letter was referred to the Volunteer Fire Department and will be scheduled for a Workshop Meeting at a later date. DEPT. OF 2. A letter from the Department of Pollution Control was acknowledged POLLUTION CONTROL: by Mayor Wiley which is in answer to the City's letter concerning re- lief to the Building Moratorium by the use of septic tanks, stating that the Department of Pollution Control had no objection to the use of septic tanks on an interim basis provided that their requirements are complied with. Mayor Wiley presented drafts of two letters for the approval of the Council - one to Mr. Jay Cooper, State of Florida Health Department stating the City Council had no objection to the use of septic tanks on an interim basis and the other to Mr. Hamilton Oven, Jr, providing the information requested and also stating the Council had no objection to the use of septic tanks on an interim basis. COUNCILNIAN Councilman Martino objected to specifying in the letter to Jay Cooper MARTINO: the use of septic tanks to single family residences and equivalent small commercial businesses, stating it was discriminatory and that for the first time in two years the Council had something concrete in writing from the Department of Pollution Control stating that in the case of the building moratorium, septic tanks will be allowed, and he was wholeheartedly for this arrangement but didn't think the Council should get in the position of dictating to the County who should be allowed to build. POLL OF A poll of the Council was taken by Mayor Wiley that the letter state COUNCIL: "The City Council has no objection to the use of septic tanks on an interim basis" deleting for single family residence etc. Special Meeting June 28, 1973 Page 4 Councilman DeLonga, Councilman Dunbar voted no, Councilman Martino, Vice -Mayor Kiedis and Mayor Wiley voted yes. COUNCILMAN Councilman Dunbar stated he hated to see the whole thing shot down be- cause the Health Department would forsee septic tanks for everything and they would say no. It was his intention to help those people who have come forward and asked for help and they should specifically be on the list. COUNCILMAN Councilman DeLonga objected to the whole letter stating property owners DE LONGA: in the City should know the intent of the Council anu the statement should include all the property owners of record, not just a list of 25 names. VICE MAYOR Vice -Mayor Kiedis stated he would prefer that it be the property owners KI ,_D1zi: of record and let the Department of Health and the Pollution Control 1-- be the ones to say who may or may not put in a septic tank. MAYOR Mayor Wiley stated he would not approve an attachment of names or WILEY: quantities but to let the Health Department determine that. MOTION: A motion was made by Councilman Dunbar, seconded by Councilman DeLonga that the letter state the Council has no objection to the use of septic tanks on an interim basis for single family residences or equivalent small commercial business . Councilman Martino had the same objection he did earlier stating he wanted a general letter that would flatly stag that septic tanks are acceptable to the City of Palm Beach Gardens to grant and in the interest of the people who have been seeking relief for the past 22 years, but not to be specific in nature so in some future date the Health Department could say to a developer that Palm Beach Gardens is limiting the issuance of septic tanks and the granting of permits Special Meeting June 28, 1973 Page 5 the City which would leave / liable to suit. Vote of the motion, 4 to 1. Councilman Martino voted nay. A motion was made by Councilman Dunbar, seconded by Councilman DeLonga to send the entire letter, as discussed, to Jay Cooper. Vote on the motion was unanimous. Councilman Martino, during the discussion, made a motion which was out of order and died for the lack of a second. The draft of the letter to Hamilton Oven, Jr., as revised, was approved by a motion by Councilman DeLonga, seconded by Vice -Mayor Kiedis. Vote on the motion 4 to 1. Councilman Martino voted nay stating the letter was out of the realm of the City Council and should only pertain to the subject of septic tanks. MERIT 3. The City Manager presented the Merit System Board's recommendation SYSTEM: regarding promotion or reclassification of employees and the Council authorized the City Attorney to prepare a Resolution modifying the Merit System Rules and Regulations as recommended. ITEMS BY THr_ CITY MANAGER: HOME RULE 1. Attorney Brant reported on the Home Rule Act, House Bill 1020 ACT: stating the main objective is uniformity throughout the State and pointed out the provisions, the two items of immediate concern being the adoption of ordinances -that it will be mandatory to publish in the newspaper ordinances before second reading; a quorum still remains 3, but 2 out of 3 could pass on a matter; Ordinances will become effective 10 days after adoption and the fiscal year shall be changed to October lst. LAND 2. The City Manager presented the ownership of two parcels of lane 4 OR RECREATIONAL FACILITIEs:in the Town Hall Homes aces, which the Recreation Advisory Board had recommended for recreational facilities. Special Meeting June 28, 1973 Page 6 The Council directed the City Manager to determine from the owners if an acre of either parcel was available and the cost. CLOSING 3. The City Manager gave a report on the daily flow of pedestrian OF HOLLY DRIVE: traffic on Holly Drive ana requested an additional week for taking a count before making a final report. Vice -Mayor Kiedis suggested that the Recreation Supervisors schedule a safety talk to the children. DEVr,LOP- 4. The City Manager reviewed a report frcm the State Department of MENT ON REGIONAL Administration on the implementation of a Development on Regional IMPACT: Impact application which will be required for new large developments forcing developers to list the impact their projects will have on evironment, economy, public facilities and transportation. MEkIT 5. The City Manager presented his recommendation made to the Merit SYSTEM ' BOARD: System Board for the job description of the position of Chief of Vehicular Maintenance, Range 26, which was approved, as amended, by the Merit System Board. This iiem was tabled to the next Regular Meeting on July 5th. ITEMS BY THE MAYOR AND COUNCIL: 1. Mayor Wiley presented a request from the North Palm Beach - Palm Beach Gardens Jaycees that the City waive the permit fees for a press box they propose to construct at the High School. Council unanimously approved same. LARCH ST. 2. Councilman DeLonga relinquished his time to Mr. John Ashley, who CANAL: requested that the City not build an access road along the lake back of property on Larch Street. This access road would enable the City's equipment to reach the canals for maintenance purposes, and Mr. Ashley stated they could easily be maintained by boats with the use of chemicals. /' Special Meeting June 28, 1973 Page 7 The City Manager reported he had reviewed the situation and the land is City owned and a problem does exist getting the Gradall in to control the grass and weeds. He stated the area is nicely kept at the present time by the property owners. However, if the City's Right -of -way is not graded and maintained properly, the City would have to bear the consequences later when a weed problem did arise. lie asked for Council's direction in this situation. Councilman Martino requested the City Manager to ascertain if a schedule for the maintenance of all canals in the City could be kept and to make a written report in a month to 6 weeks. Councilman DeLonga suggested tapering the spoil, which has been placed in the area, down to the waters edge, plant grass and let the property owners maintain same. Mr,Ashley said the property owners in the area would not ask the City to maintain the property and water at this end of the lake. Mayor Wiley indicated it was an administrative decision which should be referred to the City Manager, RESOLUTIONS: Resolution 430 creating the position of Chief of Vehicular Maintenance RhS. #30: was tabled until next Workshop meeting. RES. #31: Resolution 431, 1973 extending the terms of office of three members or the Planning and Coning Commission was read in full by the City Clerk and unanimously adopted by the Council. RP-S. #32: Resolution #32, 1973 congratulating the Government of the Bahamas on their independence on'July 10, 1973 was read in full by the City Cler and unanimously adopted by the Council. Bob Sellers, who had requested the Resolution, explained his reason being to extend neighborly friendship to these people andto continue good friendly i special Meeting June 28, 1973 Page 8 relations with them. ORDINANCES: Ordinance # 14 -1974 abolishing the Department or Vehicular Main - ORD. #14: tenance was read in full, on first reading, by the City Clerk ORD. #15: Ordinance #15 -1973 establishing new zoning categories was read in full, on first reading, by the City Clerk. ORD. 416: Ordinance 416 -1973 the rate of compensation of the Council ana in- serting the amounts of $200, and $150. was read in full, on first reading by the City Clerk. Mayor Wiley suggested consideration of an expense type account for the City Manager, The matter was discussed and tabled for con- sideration at a later date. No further business, the meeting adjourned at 11 :20 P.M. MAYOR WALTP-R wILEY COUNCILMAN JAMi _Ibit�&A r r VICE MAYOR JOHN KIEDIb ` COUNCILMAN• GORDON DUNBAR COUNCILMAN MICHAEL M4TINO Alice Je20 Kerslake, City Clerk