HomeMy WebLinkAboutMinutes Council 0726731
WORKSHOP MEr".TING
CITY OF PALM BEACH GARDENS
JULY 26, 1973
The Workshop Meeting of the City Council of Palm Beach Gardens
was called to order by Mayor Kiedis 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
Wiley, Councilman DeLonga, Councilman Martino, Vice Mayor
Dunbar and Mayor Kiedis.
MINUTES: The intent of the motion in the minutes of the Regular Meeting
of the City Council held July 19, 1973 regarding occupational
licenses for businesses in the M -1 zoning on Burns Road was
clarified. The Minutes of the Regular Meeting of July 19,
1973 were unanimously adopted by the Council. Attorney Brant
was directed to give an opinion on the interpretation of the
Code.
ANNOUNCEMENTS: Mayor Kiedis announced:
1. A Merit System Board Meeting would be held on Monday,
July 30, 1973 at 7:00 P.M.
2. A Public Hearing by the City Council regarding Ordinance
#159 1973 - changes to the zoning categories would be held on
Thursday, August 2, 1973 at 8:00 P.M.
3. The last day for football registration by the Palm Beach
Gardens Youth Athletic Association would be held Saturday,
July 28, 1973 from 1 -4 at the Council Meeting Room.
4. A Public Hearing by the Area Planning Board on Water
Quality Management Plan would be held August 8, 1973 in the
Workshop Meeting, July 26, 1973
Palm Beach County Co,- zrthouse.
:Page 2
5. Receir.t of a notice of Public Hearings from the Palm T3each
Co ,,inty P1 inning Commission on August Qth and ?3rd regard n
P petition for a special exception or property lying, within
miie of the City's boundaries. Col- ncilman Wiley reported
this information wq -s srivpn to "he Plar?nirg and Zor�irg Commission
at their meeting held_ July 24, 1973 and no action wa -s taken.
RFP0F"PS' : Vice Mayor Dunbar reported a condidate had been interviewed
1'0' r!`PIOTI CIP for the position of Fire Chief, and recommended, with the con-
FIRE CHI-RP! the
-- currance of /two other members of the committee, that the City
[v,anager be alithoriz?d to enter into negoti r,tions with this
Pippli cant . T'hrotzgh a prelirr.i nary screenir-g three othE--r appli-
ca-nts had b-er considered: one was unavailable and the other
two di6 not have the avalificat i ons. A motion was ?made nrd
unanimously adapted that the Cite Manager be authorized to
enter into neF- 'o-i;iatlorQ wi_tb the !-app icr :Lr_t, Ps rec0�7mended, for
the position of Fire Chief, and a recommendation :f'ter deter-
"lining the availability etc. will be made at the Al)g_zst 2nd
r;,PetinF
PT ANNUCT R, Councilman Wiley ey presented, the Council a written report in the
7ONIr "G
MEETING: form of a memorandum or the meeting of the Manning end Zoning
Commission Veeting held July 24, lq?3.
PETITIONS AND Cf',Vjjv�UNICAT'IOITVIS,:
114 -ayor Ki pdz s acknow7 e&F ed rece-i rat of the following,
commianications -from:
1. Planrir_g end Zoning, Commission recommendation to enter into
(I('jN;Vi7C,q -1()N.
SKIP
BAFATAS :
a contract wi -th Col.. Clinton Effinuer as a ,onsi11ta-nt to thr-
Board to assist in �jpdating the Iv aster Land TIse Flap,.
2. Representative Sk7_p Bavalis regardinE the iss�_ze the City
took in data elermerts - in particular the popvlatinn figiire
used to compute tviQ Federal_ Reveni7e Sharing payments.
i
Workshop ?•lecting, July 262 1973
Page 3
Councilman Wiley stated he proposed to put together information for the
City Manager in reply to this letter and also one from Senator Gurney
advising the issue is one of correct population for our City and the
problem extends from the �ederal Government's refusal to use anything
but the 1970 census.
FRED 3. Fred Trapnell, Palm Beach County Utilities to A. E. Senkevich,
TRAPNELL:
Department of Pollution Control, Orlando, dated July 23, 1973 regarding
the -alm Beach Gardens Sewage Treatment facilities which will be
placed in tha Council's information folder.
M. 4. M. Giannetti requesting something be done about beautifying the
G IANNETT I
entrance to MacArthur Boulevard. Mayor Kiedis reported progress is
being made toward this.
ICiIA: 5. The City Manager reported that in response to a request of
Councilman Wiley, an application had been filed by the City Manager to
obtain certification from the ICTIA, and a letter had been received
from iNir. Harris, representative of the International City Managers Assoc.
indicating that Palm Beach Gardens will be recognized as an Official
Council - Manager City on August 10, 1973.
ATTORNEY 6. Attorney George Baldwin regarding the Planning andZoning Commission
Gam_
BALDUIN: duties and responsibilities of which copies will be given to the P & Z
Commission and the B & E Committee as Item 3 is a project of theirs.
ITEMS FOR 1. The City Manager reported on the availability of land in the Town
DISCUSSION:
Hall :homes area to use for recreational purposes, stating he had investi_
LAND IN gated two lots on Birmingham Drive _ one a vacant lot assessed at x;500.00
T0WN HALL
HOMES and the adjacent lot with a home on it assessed at ;12,300, consisting of
AREA:
approximately z acre and both located in the County. He recommended
that consideration be given to acquisition of these two pieces of
property and to consider that portion for
lorkshop r'iee tin -, July 25, 1973
Page 4
annexation into the City. He also recommended, to solve the
problem of tne City policing that portion of Tow-in '-fall Home'-
wa ch is now in the Co,-�nty, to ask the residents of that - drea
to agree to anna ' x ion into the City. Counczl an Wi l py
s,iggested that the City Attorney negotiate a. retainer with a1n
o'nti on to bray thiFi property in n'lPsti{on, and to ap- oroach the
CotantlT for tieir a7sistane -- to take over the project entirely
or provide financial a,- .oistance before taking on any' side
of ar?nexa.tion.
Cr),- injilma.n Delonga sag, - -,tefl asking; the Advisory
3oaro to submit a plot Mar for recreational fa ^iliti es for
thiss area.
Councilman lv,artino reservations for an area s}arroundpd
by homes and s,.Aasesteci lookinig for available land_ ore the 'Nest
side of Njilitary Trail near that area of Pown _-call homes.
The City 'V ana_rer was directed to ascerta,i s f'rnm t=1e party under
X11
cort- -art to /Fhd property bait; of the - opp.inE center if there
ire v or a a an acre of this property avail able; to p „rs,.Je the
availability of land on t-ie Wept side of Military i'rail and
to request that _1-1he Recreation Advisory board present a -plot
plan for the 2 lots on '3i rmiggham Drive.
Pi,ANN CNG 2„ A discussion was held on the rer_o7zr end_tion from the
C NSTIUPANTT:
1,1anning and zoning Commission re, ard.in`-, t_ie hi ring of Col.
Effinger as a Planning; cons'altant. Councj_1_man Iv.artino arld
Mice Mayor expressed some concern whe tier pnoi,gh Contacts
of qualified persons anal /or companies had been Trade, as the;
considered this an important step and th.e money sho,_Ild be
spent wise] -y. Col-Mci lman Wiley stated the Plannin,7 and Gonin� --
Commission had contacted. 13 firms t-riat do land us-- nJ_annin,S
i
Workshop Meeting, July 26, 1973
Page S
and they all declined. Also contacted were Mr. Brutt, Mr. Brook and
Mr. Effinger, all who are working in some planning capacity for the
County. Tir. Brutt and Mr. Brook both declined. Councilman Wiley
and Councilman DeLonga both felt the problem was strickly an up-
dating of the existing land use plan and a relatively small job and
would accept the recommendation of the Planning and Zoning Commission.
The City Council unanimously agreed to authorize the City Manager to
enter into negotiations with Col. Effinger to work with the Planning
and Zoning Commission to assist in the updating of the Land Use Plan.
A recommendation from the City Manager will be made after arrangements
have been made with Col. Effinger.
LANDSCAPE; 3. The draft of a Landscape Ordinance as presented to the Council by
OR )TNAMC'F,
the Beautification and Environmental Committee will be further studied
by the Council and put on the agenda of the Workshop deeting on
August 9, 1973.
LETTER TO 4. Copies of two drafts of letters, one by Aiayor Kiedis and one by
',JAREtFN
STRAHM: Councilman Wiley, to Warren Strahm, Dept. of Pollution Control were
reviewed by the Council. Councilman Etiiley explained his draft
contained the three .items discussed by the Council at their Regular
Meeting held July 19, 1973 and which they specifically asked to be
included in the letter, and it also included the issue of septic tanks
and the approximate number of septic tanks as 23 for the purpose of
stating that the City felt it was not a permanent or a long range
solution. Vice Mayor Dunbar had no objection to either draft.
Councilman Martino objected to the last partion of the quote in the
first paragraph after "interim basis.,, Councilman [°Ailey took issue
with the action of the Mayor directing the City Manager, as an
administrative matter, to
i
Workshop ,v,eeting, July 26, 1973
Page 6
send a letter that states policy or comments of the Council
without a majority vote of concurrance by the Council. He
state l letters of this sort could be entered as evidence in
a court case as official action of the City of Palm Beach
Gardens and should reflect the policy of the Col.Lncil.
A motion was made by Councilman. Wiley, seconded by Cour_cII_lran
DPI onga that the CJ ty Manager be authorized to send the letter
to Nx. Strahm, as modified, doleti ng the last portion of the
quote in the first paragraph, to read "no objection to septic
tanks on are interim basis ", and to verify the proper bill
number. Notion was >>nao.imously adopted by the Council.
T- TAE'S BY THE CITY iiAX'AGER:
URAI{ P iC 1. The City 1v,anaffer Presented a ;}roposed traffic control
C,777RQL
AGREEMENT - agreement with the Covn -Y to provide uniform maintenance and
opera tion of the traffic --•ontrol devices lncafed at PGA T317rd
aid AIA and PGA Blvd. and U.S. #1 . The C oura^ i l requested the
Cit,r Manager to clarify tyre agreement wi th thri County
speci fl_cally as to what will be provided such as left turn
lanes and stacking lanes etc.
I ANDSCAPF 2. Phe City Vanager presented a drawing prepared by the
F-0-1-111y DRIVE,
Bea• tification and Environmental Corimit ree to _landscape the
median strap on Holly DriYre for an approKimat° r_oct of .x;1919.00
for the plantings. The Co ;nail will review the plans, brit did
question the method of watering t1 1 e plans. Council_m2n Wart;no
stated he had attended. the B & E meetings when t,ii7 was
disc issed and the Committee specifically r•- :r >mrnprided using
low water maintenance plant,. The City Nlanaper will Crane a_
comy- i ete recommendation including the cost of water and
maintenance.
COPIES OF 3. The City Manager asked for clarification regarding incoming
Workshop Meeting, July 26, 1973 Page 7
correspondence and copies of same. He reported that items of
lesser priority will be put in the information file as in the past
and will be indicated as received on the memo each week to the
Council; items of high priority, copies will be made for the
Council. The Council expressed no objection to this procedure.
LIGHTHOUSE 4. The City Manager reported, after talking to Howard Searcy
DRIVE
PROJECT: regarding Last weeks discussion and action by the Council on the
bidding of the Lighthouse Drive project,, Mr. Searcy indicated that
the type of bidding suggested in the motion would increase the cost
substantially because the City would be going out for 2 separate
bids. Mr. McMahon recommended not to bid the widening of Lighthouse
Drive at this time, but bid just the sidewalks with the alternate
bid. The Council generally disagreed in that mock, Roos and Searcy
were retained for both the widening and the sidewalk projects and
bids. The Council also had
authorized no changes to the plans. Mr. mcmahon explained that
widening in the beginning was a part of the base bid and not a
separate bid as now proposed which would cost an additional amount
of money. The Council authorized. the City manager and Councilman
Wiley to contact Mr. Searcy to explain the feelings of the Council
that widening of Lighthouse Drive was part of the original plan.
EMERGENCY 5. The City Manager reported that Mr. Howard. Kuhns is nearing
POWER:
completion of preliminary drawings for updating the emergency power
for the City. An evaluation of the cost to restore the 75 kw
generator in the Public Works yard will be made to determine if
the City could save a substantial sum of money.
ECA PROGRAM; 6. The City Manager reported under the EEA program the City
has been assigned 5 personnel on a cooperative program, with
Workshop Fleeting, July 26, 1973 Page 8
funding from the BEAA, to work 8 hours a day - three have been
PHASE IV
GUIDELINES:
assigned to the Recreation Dept. and two to the Public Works.
7. The City Manager, as a point of information in preparing the
budget under Phase IV, listed the following guidelines to take
into consideration - step increases are excluded for first year
employees, merit increases must be within 5.55a and fringe benefits
cannot exceed 7/10 of 15 increase.
ITEMS BY MAYOR AND COUNCIL:
COUNCILMAN Councilman Dunbar was informed by Attorney Brant, in answer to
UNB R :
his question regarding the change of the fiscal year relative
to the budget, that it was mandatory to make the change this year.
COUNCILMAN Councilman DeLonga asked the status of the air conditioning at
D E LO NGA :
the Fire Station and was informed by the City Manager that the
contractor who installed the work was now bankrupt but steps have
been taken to obtain another firm to correct the problems.
The City Manager reported an auto mechanic had been hired and he
will report to work a we--k from Monday.
Councilman DeLonga stated the situation of the ditch on the lake
on Larch Street hadn't been completed and the property is eroding.
He was informed by the City Manager the-Public Works Department is
trying to get grass to grown and the problem will be taken care of.
COUDICIT -14AN Councilman Martino asked if any nominations for "Employee of the
MAR T I NO :
Month" had been received and the City ;Manager stated he intends
to have a recommendation soon.
Councilman Martino applauded the recreation program and Woody
Dukes, the Director for his summer jamboree wind -tin program.
He also congratulated the entire Recreation Department staff
and congratulated theta on the different and varied items they
L3orkshop Meeting, July 26, 1973
Page 9
offered in the way of recreation. He further stated he had heard
nothing but praise about the program. The City !'Tanager was asked
to relay this message to the Department.
Councilman Martino relayed to the Council the problem he observed
during football registration at the City Hall, whereby the cars
parking on the ramped circular driveway damaged the grass area
and suggested possibly "no parking signs." The City Manager was
asked to correct the situation.
Councilman Martino requested that the P.ecreation Department and
the Public Works Department determine from the YAA what facilities
they need for the softball program and football season that are
approaching.
At Councilman Martino's request, the City Manager will determine
the need for maintenance at the end of the cul-de-sac on Seagrape
Way .
COUNCIU4AN Councilman Wiley asked for the Council's policy, which was put
WILY:
in the form of a motion, to establish a policy to give plaques
to members of Advisory Boards who serve full terms and to those
who serve less than full terms at the recommendation of the
Council representative to that Board. ;;otion was unanimously
adopted by the Council. At Councilman's Wiley recommendation a
motion was made and unanimously carried that the City Attorney
be authorized to work with the Planning and Zoning Commission
regarding a site review ordinance .. the County and Juno Beach
have such an ordinance.
Councilman [Wiley asked to place on a Uorkshop ;Meeting agenda
Workshop Meeting, July 26, 1973 Page 10
determination of the Council's priorities of items before the
Planning and Zoning Commission.
Councilman Wiley suggested a suitable certificate be used to
accompany the 'Employee of the Month Award" of a $25.00 Savings
Bond. The City Hanager will obtain same.
Councilman Wiley offered to send to all Advisory Board members a
brief newsletter containing a summary of the Council minutc�s in
compliance with the City Wanager's request to minimize the number
of copies made. The City Manager stated he would circulate his
copy of the minutes to the Department heads. The Council agreed
to the above suggestions.
R ESOLUI IONS
Resolution #40, 1973 providing for compliance with certain. require-
RESOLUTION
#409 1973: merits under the Florida Revenue Sharing Act of 1373 is needed,
the City Manager stated, because the State must have vertification
that the City meets the minimum State standards. Resolution #40,
1973 will be placed on the August 2, 1973 agenda.
ORDINANCE Ordinance #16, 1973 modifying the compensation to the Mayor and
Council was referred to the City Attorney for a report on what
Phase IV requires and will be placed on the agenda of the Workshop
Meeting of August 9, 1973.
ORDINANCE Ordinance #`17, 1973 modification to Chapter 4 of the Code regarding
#17, 1973:
animals was discussed by the Council. Councilman DeLonga
expressed concern regarding the last three lines of Section 4.5
pertaining to the destruction of animals. The City Attorney was
directed to amend the Ordinance to be more specific in this
section whereby an officer is attacked by an animal or an animal
is rabid, and in Section 4.6 to amend to add "cite the owner on
the second aC fense. Ordinance #17, 1973 will be placed on second
reading at the August 2, 1973 meeting.
Workshop Meeting,, July 26, 1973 Page 11
ORDINANCE Councilman Wiley stated Ordinance #20, 1973 modifying building permit
#20, 197.3_ :
issuance procedures and adding certification of public utilities prior
to the issuance of building permits, hod been referred to the City
Attorney at the last meeting requesting him to work out the terminology
with the County Board of Health that would be agreeable with all
parties.
Attorney Brant reported he had talked with rTr. Bailey, Deputy Attorney
General of the area representing the --oard of Health and was advised the
local E3oard of Health had been directed to issue no future permits for
septic tanks for the City of Palm Beach Gardens and that any future septic
tank permits would be issued only upon court order. He further stated
he had tried to take verification of all matters which directly dovetailed
into ordinance #20, 1973.
Councilman l'iley stated "I was proposing that we move up in time schedule
the fact that a man would have to Paring into the City some certificate
either from the Board of Health or the Utility, attesting to the fact that
if he had a suitable waste water disposal. Previously, since the cK.pacity
exceeded the demand, there wasn't any problem, now it is the other way
around„ 5o that the Building Official can be certain that the standards of
the Hoard of Health have been met, I was proposing that we make a require-
ment for the Building Official to have that Certificate from the Board of
Health no matter what it is _ this is unspecified now in terms of septic
tank or whatever other disposal means. All we are asking for is the proper
regulatory agency certified to the City, at the time of application, that
their standards have been met."
Attorney Brant said he would submit proposed language to the Council
that would negate any attack on the total delegation to the Council,
and felt it should be broken down in two points _ septic tank permits
y and hook -ups to the existing selvage facility; that a procedural basis
with the Board of Health on single family residences and duplex residences
i
WorksVion Meeting, July ?6, 1973
needed to be set up.
Page 12
A motion was Curie by Counci_im -in Wile-, seconded by Col ncilman
lV;artino to table Grdin-�nce #20, 1.973 and to refer it to tqe
City Attorney for such review with the res;nreser_tati_ve of the
11 Board. of Health. Motion was 1ananimoiisly carried.
1'1,r, .Toe T;ancnck spoke from the a,idiP—(,,e and asked the Co,vv�j_l
to consider re -last t]__'i's, hzs building pr-mit •,phi ^,h he had
obtained prior to the moratori,Am; and inasmiv, h as the output
was counted i ntn the Flow o � the plant at that time, Yr.
'lrapne? 1 was prepared to issue him a conne -ction -to -the
ranitar'y sewer system.
Col_incilman vii.ley clarified what he had said at last week's
meeting in encouragement to mr. Hancock, which was later piit
into the form n? a mot _on.
Coup-- -i_lman Martino objected to the request made by Coi) cilmar7
Wilay that any concessi Dn.s or alterations to the moratnri'irr
wo, ld weaken the Council's r�o�3i ti_c�i, ard the Co,aneii should
wait for that decision regarding tie zoning; vpriance to
enable the (Ttility Company to build a new sewage treatment
plant, and tFien r•�con -,ider their position.
A motion was rn7de by Councilman DeLonr- , seconded by Coltincll_nar
Martino that the mectin .f, a.d; ourn. Vote on the motion - Vice
Mayor Dunbar, Councilman Wiley and Mayor Ki_edis voted riaFr.
Col)ncilman DeLonga and Council mpn I'v artino voted aye. Counnil-
man Wiley stated the reason pie voted nay was based on the
opinion that Ax, Haancock's situation was left 'i-n in the �.i_r
and he would like to resolve it eitFier in tens of directi rim
tie City Attorney to de something or not ti do Come +hir!g anrl
let the i_ss,ae lie.
Coiinci loran Wiley made a motion, seconded hf Vise 11,,ayor Di)nbar
r
Workshop Meeting, July 26, 1x73 Pan 13
that the City Attorney determine from the various regulatory
agencies if that deEree of treatment at the Utility Company
has improved from the Point and condition when the vora.tori n-M
Ordinance was imposed in 1970 to date, in that the City
could now consider allowing the people who had the bui-ldInE
permits at that time, and those permitn that were lapsed,
to be reconsidered_ as a variance to the Temporary OperNting
Permit that the Utility Company has now.
The motion was modified by Councilman. Wiley, seconded. by
Vice Mayor Dunbar to authorize the City wanager and the City
Attorney to travel to Ft. Laqdprdale to the office of the
Denartmeat of Pollution Control to ascertain the information
rRauested.
Councilman vartiro took issue to the motion saying it was a
duplication of effort andthe same thlnA had been discussed
in the letter dratted to Mr. Str -hm. He asked that the
Attorney address himself to the three items in the .letter to
Mr. Strabm and only the t:?ree items.
Vote on the motion. Councilman. Wiley, Councilman DeLonga,
Vice Mayor Dunbar and Mayor KO KO voted aye, Councilman
Martino voted nay.
ADJOt7RNKENT : No further business, the meeting adjourned at 11:00 x'.14_.
A ()r 7r �VW2 ohYi 1F' 1S
ynr Gordon Dui ar
Alice jea_ ersl.a e, City Clerk
t Inc �Ir- lter oley
Y1 c i l i l l a ICJ a MP W00
Councilman Michael lvartino