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Home My WebLink AboutMinutes Council 072873SPECIAL MEETING CITY OF PALX BEACH GARDENS JULY 28, 1973 / A Special Meeting of the City Council of Palm Beach Gardens l was called to order by Vice Mayor Dunbar at 10:02 A.M. in the Assembly Room, 10500 N. Military Trail, Palm Beach Gardens, Florida. ROLL CALL: Roll was called by the City Clerk and present were: Councilman Wiley, Councilman DeLonga, Councilman Martino and Vice Mayor Dunbar. Attorney Brant was also present. PURPOSE: The purpose of the Special Meeting was at the request of the City Manager to comply with the instructions of the City Council to keep them informed of all requests for building permits, especially those involving a septic tank approval from the Palm Beach County Health Department= and also as a courtesy to the applicant for immediate action, ( as time is of the essence, due to the end of the month being three days away, and it would appear that the interest rates will be raised. CITY YIANAGER City Manager George McMahon stated because of the policy M= ON: decision of the Council to notify them prior to issuing building permits, he had requested a Special Meeting in regards to Mr. Jerry Browning's application for a building permit as the application could not be processed until the Council was notified. He verified that Mr. Browning had obtained a permit for a septic tank from the Palm Beach County Health Department. COUNCILMAN W'ILE� Councilman Wiley expressed concern about this particular application by saying "The City has gone on record by letter to Mr. Strahm, Department of Pollution Control, in that it appears to be a violation of the TOP that the Utility Company issued a utility connection to Mr. Browning for sewer service Snecial Meeting, July 28, 1973 rage 2 this past week, and JVx. Browning appeared before our Building Official_ with that connection asking for a building permit. Subseouent to this Mr. Browning, appeared before the County Ioard of Health. It is conjecture on my part and I would like it clarified that Mr. Cooper's letter of July 9, 1073 states that if an applicant appeared before him,with a certification that hP co-_iiu L service, then he would grant a septic tank permit. So I do riot know on what basis N.r. Browning complied with the Health department requirements. If he complied in the normal sense of the word, then I have no objection, but I am concerned that if the 'POP eas violated by the issl?ance of a utility connection to Mr. Browning, then that ic, questioned and subsequently overrulf�d, and that was the basis of the Health department granting Ivr. Browning? P septic tank permit, I would feel that this particular application is out of order and the building permit would be in jeopardy. Jdith those qualifications and. those things in the record I would have no objection to the City processing the building permit and giving the City !'�1anager the direction to take every diligence to find out, if indeed, the application for the septic tank was in order and,i.f indeed, the certification from the Utility Corlp,?ny is in order. And if we find out subsequently after that, then we take the appropriate action, and yr. Browning be notified at the time he is ipqued the buildinE, permit that these are concerns that we are noinu to check into. On the race right now with all the evidence presented to the City Council, we have what appears to ye a. duly executed document by the Board of Health certifying for a. septic tank permit and as such we have no basis for denying Mm his request for a building permit." public sewa;ae woi_ Td be available as shovni by an accel table schedule and the applicant presents a copy of an executed service a- reement with tie Utility Company, and asked if this could be what !Vr. Trapnell gave Mr. Browning. Attorney Brant clarified that a service ccntract woi3ld be- yes we will connect this man if and when the service at the new plant is available. COJ� VCT1,P�lAld Councilmen Nartino stated all the paper worK was in order as 7777777 _ fir as the Health Department is concerned and he did not have any objections to issuinZ a bia.ilding Hermit to Jerry Browning. V COUNCILMAN Councilman Wiley moved that the record reflect that the City 7 Special N,eeting, July 28, 1973 Page 3 Iv r, McMjahon asked Attorney Brant" inasmuch as Ivir. Browning was previously granted a permit from the Palm Beach County - Utilities Company for a hook -up and a permit was not issued on the basis of the moratorium, subsequently he applied and received a permit for a septic tank; and if we base iss>>inf, the permit on the fact that he has permission from the Health Department to use a septic tank is there anything during or upon completion of that construction that would stop this individual from utilizing his hook -up rather than his septic tank ?" Attorney Brant answered "yes, there is no quest__n in my mind." COUNCILWAN Councilman Del,onga agreed with Councilman Wiley's comment OE LONGA: — that the issuance of the permit is predicated upon the Department oz' Pollution Control's approval of the utility +,omrany isstiin,,, the sewage connection. VICE VAYOR Vice Mayor Dunbar referred to a letter from nor. Cooper to Councilman 'vriley stating, the County Health Dep?rtment would issue septic tank permits if the requirements were met and if public sewa;ae woi_ Td be available as shovni by an accel table schedule and the applicant presents a copy of an executed service a- reement with tie Utility Company, and asked if this could be what !Vr. Trapnell gave Mr. Browning. Attorney Brant clarified that a service ccntract woi3ld be- yes we will connect this man if and when the service at the new plant is available. COJ� VCT1,P�lAld Councilmen Nartino stated all the paper worK was in order as 7777777 _ fir as the Health Department is concerned and he did not have any objections to issuinZ a bia.ilding Hermit to Jerry Browning. V COUNCILMAN Councilman Wiley moved that the record reflect that the City 7 Special Meeting, July 28, 1973 Pace 4 Council has been advised of an application for a b Jlding permit frog Pr. Terry Browning. That we have exprecred concern re- arding the procedural mutters toward that bvi]dinn permit as reflected in the record. That the City Council has no objection to the City 14,anager processin that administrative act of prantinr: that building permit, however, we feel tl-iathe sho'_lld-, prior to granting that buildin_E permit acce&,,ain from The Palm dwach County Board of hesItr that indeed the process toward letting teat septic tank permit is in order, and is in compliance with all the current regulations-, The *.notion was seconded by Co))rc i_lme*_ Jel,on -a an.i i' 7i_ nn•l��•• �rrbe�. CO'JN- C aouncllTna.n Y il�;j r'ii -cod onrn nth_r _; -)2iit that was - O"rtin,'nt in 77-7777 +ha-t "we have one, other apnl7 ant for oti�_ Ar ,iI - .inrl -i?ncock - who ha s - lotified t'i`ke CiI , kla_ ager who 1-'1 tirn notified- the Cottn^ -_l of ^_i_ Je-i_rc t-) b_illd. It''ir. Hancock i --- t-rlr -l—, to obtain =7, a- ,ce or pome d_ :'e-ily to the qc -lar. I wc,_t ,a l j k,,� +,0 7, ot-; o,l tila+ the. City Coun ^il has bee"1 „�a,�i �t;;J -� a_nf�+7r�i.^ �;R 1-,''1'� �.i --- P%.;T,j_'rc, that vie_ 'r)_) r -r_Ven tht, 'it,J 1;un�ager `h,)t iF ::_r. !inpcock appear° befor -? -,he u,t- j�'?:t�, Of'ficiai 'Vitj) a c•r�- ,�'ri_r ;`i'C re,r^ - -i_i; •r �rltWinrl�ed, V at the City Cry,jn,'jl atithor!'Ge rnn City to yj Y`nr�AC S" T]�a� �-t�.� -at ion 1 "j, i,!')I!�; ,'ti��hr7 ��t e,lt nec,?S?ity 04 a 5psc', -' aP -,i Of the it,r �O,tnri -1 Yle ..,oi -; nri wa.S S,C COn?Jed f3V C01- 11-2i L)eI rl ,-a. CCj;'1%'CTT_ "IA T C,„12Q7.1. 2� I'i=tln0 - ,tatr'd be wo•-tld ]_i i� til h;Dve ne rer+Ord a•_ _ i f C : read that the Council. favors septic tank--• i_n ,tee -jorc l nd refrain from ba;-ng spa_ ^if i_^ and asked t0 anerid t'rle ^77; Lon. W CouricI l.T1an Wiley stat,,ed. that wa;� not tn^ intent or r.h- t ^O�inn fit ?d Irle wo,ild not a_ree tr, �r gnri -iil it. He ftirther stated � C' Special Vllerting, Jul,,,, ?R, 1973 °age 5 was not changinZ the policy but jtist statinZ that the conditions surrounding this Special_ ' /.eetin? might come about E'i onday or 'Nesday of the coming week an:? he was trying to rrecl3ile that. COIJ A.M(AN Councilman 301artino reiterated the two r,olici es established by u'AR i INO : the Council. t'iat septic tanks granted by the Health Department would be acceptable in issuing huildin_- permit,; a_nd that tho City 'viaaa.ger notify the Council when and if any new b-Al l,ling permit req' sts are made, and would not concur with Co nci1°nan Wiley's motion. COUNCEUTAN Councilman Wiley stated "the policies thatl,'X. -b artir o h,?s WILrY: quoted, the first one regarding septic tanks, over his objection we specified for single family residences arld also in a recent letter we limited the ant;_cipated connections to 25. We do have some sort of limitation in mind regarding the Oise of that aarticular need for cewatge disposals." COUNCILMAN Col.incilma_n Je%onf�a stated he did. not object to a Special 1 : vieeting and if Ndr. Hancock desires to take that course of action the Council- woiild fol`ow the proced. ire already set zp aid have a Special Diteeting. A voce was taken on the mot on. Co_inci_lman Wiley voted aye. Vice !4'layor Jiinba_r, Councilman Varti,_o and Counci'_rian JeL,on,7a voted nay. CO?1NCTLMAN Councilman Wiley pre.-Faced 'hp_ following motion by saying WILFY: "the Council indicated to yur. Browning a_t the RP`,ilar Iv,eeting o_° the City Council that they would call a Special _vleet1n« in his case Should he apply for a ,;_1_ l; n nerTi -t_ " Co incilman in the future Wiley molred that the City Courc=_1 /do no', consider a Special Meeting for this purpose unless t'_e,y ;say so specifically at a Regular 114eeti_rig for the individual case, seconded bWT Special I'V9eting, July 2,3, 3.973 Page 5 Council7�an ivartirno. VICE NiAYOR Vir•e Mayor Dunbar stated "we are here at the pleasure of our DUNBAR: constituants and maybe circumstances will require a Special Meeti 2E end I would hate to see us have a c,At and dry policy. I would like ust} remain flexible." Vote on ;'rye motion - Council nan Wi lPy voted aye, Vice Mayor Dunbar and Counc i_lman DeLonga voted nay. Councilman Martino abstained, which was a vote against the motion. ADJOE1IMENT- No further business, the meeting adjourned at 1):3O f'.hl. n7AY0R JOhh ri.IEIJIS OUIJN`CIT,DIAN WALTER AILEY I C �, , VIC MAYOR GOROCN DCfl1I3AR CiLiV,AN JAh ES 'f*:" T! j, COTJNC- LLAMAF !v�IKa3 IdiARTINO Alice Jean erslake, City Clerk