HomeMy WebLinkAboutMinutes Council 080273REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 2, 1973
The Regular Meeting of the City Council of Palm Beach Gardens was
called to order by Vase Mayor Dunbar at 8 :00 P,f•I, in the Assembly
Room, 10500 N. tlilitary Trail, Palm Beach Gardens, rjorida 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 and vice Mayor Dunbar. Mayor Kiedis and Council-
man Martino were absent due to vacation. Attorney Brant was present.
MINUTES: The minutes of the t:'orkshop Meeting of July 26, 1973 were unanimously
adopted by the Council.
The minutes of the Special Meeting of July 28, 1973 were read in
full by the City Clerk, and unanimously adopted by the Council, as
amended, to reflect on page 6 that Councilman Flartino abstained
from voting which would be a vote against the motion. Councilman
DeLonga also requested a clarification as to the status of the permit
issued to Jerry Browning relative to the Seurge Treatment Plant and
the Department of Pollution Control, which was delayed for
discussion later on the agenda under reports. Councilman DeLonga
asked Jerry Browning why, after the Council had called a Special
Meeting, immediate action wasn't taken to pick up his permit on
Monday. Mr. Bro,ming gave the reason as he wasn't aware a
Special Fleeting was to be called and the permit had to be signed
by the Builder which wasn't possible until Wednesday.
PUBLIC A Public Hearing was held on Ordinance #15, 1973 - changes to the
HEARING ON
ORDINANCE Zoning categories. Vice Mayor Dunbar asked for a show of hands
3TL^ 4 -1 .
of those people specifically in attendance for the Public }fearing.
Three people and I-,r. Cunningham, a member of the Planning and Zoning
1-�,
r
Regular Meeting, August 2, 1973 Page 2
Commission,were present and indicated they were there just to
observe.
Councilman Wiley stated a Public Hearing on Ordinance #15, 1973 had
been held by the Planning and Zoning Commission on July 17, 1973
and no interested party had attended. Councilman Delonga expressed
surprise that this Ordinance, which would have a major impact on the
orderly growth of the City, had not generated much interest.
Councilman Wiley noted that off street parking, open space and
height limitation requirements were deleted from the Ordinance and
would be handled in subsequent legislation.
At the recommendation of the Planning and Zoning Commission, a
motion was made and unanimously carried that Section 9 of Or.'inance
#150 1973, which allows a mandatory public hearing by the Council
and one by the Planning and Zoning Commission at their discretion,
be deleted from the Ordinance.
A motion was made and unanimously adopted to modify the agenda by
placing Ordinance #15, 1973 up for consideration on second reading
at this time.
By unanimous vote of the Council, Ordinance #15, 1973 was read by
title only, by the City Clerk, on second reading.
By unanimous vote of the Council, Amendments 1 -8, as recommended by
the Planning and Zoning Commission, were read by the City Clerk and
unanimously approved for adoption.
Ordinance #15, 1973, as amended, was unanimously adopted by the
Council.
REPORTS: Attorney Brant reported on the meeting he and 6Sr. McMahon, the City
MEETING WITH Manager, had attended in Ft. Lauderdale with Mr. Warren Strahm and
W RRRRliiM:
Mr. Phillips of the Department of Pollution Control on Wednesday,
August 1, 19730 regarding the question of "Good Faith" under what
is known as the Lewis Bill and what guidelines are available
i
Regular Meeting, August 2. 1973 Page 3
relative to issuing permits for septic tanks and sewage connections.
The following items were reported by Attorney Brant and Mr. McMahon:
1. The Pollution Control Board has not adopted any standards to
determine what is compliance to "Good Faith ", and no standards have
been disseminated to any of the District offices and none have been
approved.
2. The determination of "Good Faith" compliance rests with the
Pollution Control Board and not with the Utility operator.
3. Attorney Brant stated 507. of the conference pertained to
conjecture - Mr. McMahon approached it in an administrative stand-
point and he with potential legal problems.
4. Some relief may be given providing sufficient facts are received
to show that the plant is operating as far as the SOD removal, in
range.
the 8Q, / Also a sampling of the water into which the plant drains
its treated water would be required.
S. The two factors are the internal operation of the plant having
some consistency and the Utility operator getting started with
construction of the new plant. Both factors would be weighed; not
just based on construction alone to grant any partial relief in
the way of additional connections.
5. Mr. Strahm referred the issuance of a connection permit to the
local enforcement office since his office is not geared to enforcement.
7. There was no precedent in the State as far as the Board
determining any priorities.
8. The Utility operator would not be given the right to say who
gets a connection and who doesntt.
9. The County Health Department and the governr.,ental body issuing
the building permit must determine priorities as they are necessary.
10. If a TOP is violated by a hook-up being made and the County
Health Department does not enforce it the Department of Pollution
Regular Meeting, August 2, 1973
Page 4
control would step in and enforce it.
11. Consideration of additional hook -ups on "Good Faith" would be
given only if there was improvement shown to the existing plant and
physical construction of a new plant was made, whichever comes first.
In clarification to Councilman-DeLonga's question regarding what the
minutes reflected of the Special Meeting held July 28, 1973, where
the Council was informed that Mr. Browning was issued a sewer connection
by the Utility Company and the issuance of the septic tank permit was
based on that; the septic tank permit was issued by the County with a
proviso put on the permit reading "temporary permit is issued con-
tradictory to recognized public health practices ", from the Circuit
Court order dated July 18, 1973 by Hugh McMillan, Circuit Judge.
Councilman DeLonga also asked for clarification on :,1r. Joe Hancock's
situation and was advised by Attorney Brant, that based on what Mr. Strahm
had indicated, Mr. Hancockts case would not be considered an exception
�- and a building permit could not be issued.
PETITIONS AND CO "41UNICATIONS:
Vice Mayor Dunbar acknowledged receipt of communications from:
COMMISSIONER 1. County Commissioner Culpepper acknowledging receipt of Resolution
CULPEPPER:
#392 1973 supporting the construction of the new sewer plant.
WPTV: 2. WPTV - Wstation Channel 2 asking for support in the new budget.
DAVID REID: 3. David Reid, Tax Assessor providing the City with the new State laws.
TOWN OF 4. Town of Lantana attaching a Resolution favoring the County lowering
LANTANA:
their tax millage based on their decreased assessed valuation. The
City Attorney was directed to draft a similiar Resolution for con-
sideration of the Council.
MR HALL: 5. The City Manager acknowledged receipt of a letter from Mr. Hall,
Deputy Superintendant of Schools, advising that the tennis courts at
Regular Meeting, August 2, 1973 Page 5
before
the High School would be resurfaced / September. Mr. P;cNahon also
informed the Council that the City will install the lights and the
Florida Power and Light Company will install the poles.
ITEt45 FOP: DISCUSSION:
SOUTHERN The City ;'tanager recommended to the Council that they adopt the
STAN>7 RD
BUILDING Southern Standard Building Code of 1972 and agreed with the
CODE:
recommendation of the Building Inspector to update the building
permit fees. Attorney Brant said it was brought to his .attention
by the Building Official that under the present code an individual
building his own home is required to have an architect's seal on the
plans, and would recommend repealing this whereby an individual would
not have to go to this expense. The Council e.-.pressed no objection
and directed the City Attorney to draft an ordinance including the
above recommendations.
ITEbIS BY THE CITE' MANAGER:
FIRE The City Manager advised, in regards to his memo to the Council on
CHIEF:
the results of his negotiations with the individual applying for
the position of Fire Chief, he had asked the City Attorney to prepare
a resolution stating the results. He reiterated the terms and
recommended they be accepted and this individual be hired. A
discussion on this was held later on the agenda under Resolution #41,
1973.
BUILDING The City Manager advised the Co,incil that a request had been received
PERMIT TO
VINCENT from Vincent Lucido for a building permit and that he had obtained
LUDICO-
a septic tank approval from the County Board of Health.
A motion was made by Councilman Wiley, seconded by Councilman
DeLonga and unanimously adopted that the City Council had been duly
Regular Meeting, August 29 1973 Page 6
advised of the request for a building permit for Vincent Lucido
and all administrative items being in order the City Council had
no objection to the Building permit being issued.
AGREEMENT The City Manager reported clarification from the County in regards
WITH THE
COUNTY FOR to the agreement to install traffic lights at PGA Blvd. and AIA and
TRAFFIC
LIGHTS: PGA Blvd. and U.S.1 indicated multi phase control traffic lights
as described by State Standards and beyond that they were not
identified at this time. He further stated one traffic light had
been installed but was not in operation. Councilman DeLonga
expressed reservations of entering into a contract without all the
facts. The City Attorney was directed to put the agreement in the
form of a resolution for the Council's consideration.
ITEMS BY THE MAYOR AND COUNCIL:
COUNCIM -AN A motion was made by Councilman Wiley and unanimously carried that
WILEY:
the City Manager be authorized to reactivate communications with
Mr. MacArthur, on behalf of the Council, which were initiated on
May 28, 1971, and present a firm offer for the 91z acres, and as an
alternative a lease or lease purchase arrangement.
VICE rAAYOR Vice Mayor Dunbar stating that he was speaking without all the facts
DUNBAR:
and without knowing all that went on but was speaking as a person in
his capacity as Vice Mayor said 11 I could become very very upset and
ask for a few resignations from the people on our Boards, if in fact,
it is true that some of them are behaving less than desirable with
some of our employees, in terms of giving our employees problems.
We have a man here that is supposed to do that job; if they have a
problem with an employee I would hope in the future they would go
to our City Manager."
RESOLUTIONS: Resolution #40, 1973 providing for compliance with certain requirements
P.ESOLUTION under the Florida revenue Sharing Act of 1973 was read in full, by
44 An In90.
ReguL:,r Meeting,
August 2, 1973 Page 7
the City Clerk and uanimously adopted by the Council.
RESOLUTION
Resolution #41, 1973 appointing a Fire Chief and providing for
#41, 1973:
employment benefits was read in full by the City Clerk. Clarification
was made that the Fire Chief understood that the motor vehicle provided
would be used to and from his home and office, such home being within
or in close proximity to the City. A motion was made and unanimously
carried to adopt Resolution 141, 19739 as amended.
BIDS TO BE
The City Manager advised he had received a quote from East Coast
LET FOR
HOSE DRYER:
Fire Equipment Company in the amount of $1,381.00 for a hose dryer
to be used by the Fire Department. A motion was made and unanimously
adopted that the City Manager be authorized to go out for bid for
a hose dryer.
ORDINANCES:
Ordinance #16, 1973 -- compensation of Mayor and Council was tabled
ORDINANCE
until a full Council was present since it pertains to the whole
#16, 1973:
Council and there was no urgency involved in the passage of the Ordinance.
ORDINANCE
#17, 1973:
motion was made by Councilman Wiley to read Ordinance #17, 1973 -
modification to Chapter 4 of the Code regarding animals, on second
reading, by title only with the additions and changes in Section 1 and
2. The motion was modified.to read Ordinance #17, 1973 in full on
second reading and was unanimously carried. The City Clerk read
O
Ordinance #17, 1973 in full.
A motion was made and unanimously carried that Section 4 -6 be
amended to read Saturdays, Sundays and holidays in line 14.
A discussion was held and Councilman DeLonga explained that Section
4 -5 was improving the Ordinance that had been on the books since
1964 by protecting the police officer or dog warden by allowing at
their discretion to destroy an animal if it appeared rabid or attacked
them. Several persons in the audience,including nrs. Barbara James.,
protested the proposed ordinance and asked the Council to reconsider
it contending that a police officer would have no proof that a dog
Regular Neeting, August 2, 1973 Page 8
was rabid or determine what physically attack neant.
Councilman Wiley proposed that the second sentence of Section 4 -5
be modified by deleting the word officer and give the authority to
the dog warden who has had training in that field.
Vice mayor Dunbar took issue to the $10.00 fee and the arrest of
the owner after the first offense and stated he would vote no on
the way the Ordinance now reads.
Ordinance #17, 1973 was tabled until a full Council was present.
SCHEDULE OF Councilman Wiley advised the Council he would be on vacation for
MEETINGS:
the August 16, 1973 meeting and since Mayor Kiedis will be out of
shifting
Town praraosed by one week the last two meetings in August,
making the Regular Meeting on the 23rd and the Workshop meeting on
the 30th, and also to allow the City Manager to have an additional
working week to work on the budget.
The schedule of meetings will be further acted on at the next meeting
`-� to be held on August 9, 1973.
Councilman Wiley asked for the concensus of the Council to authorize
the City Manager an additional week to delay the negotiations that
were authorized by the Council regarding the hiring of a consulting
engineer. Vice Mayor Dunbar stated he would go along with a
suggestion that negotiations be cancelled. Councilman DeLonga
stated he was favorably impressed by the resume and wanted good
causes why another course of action was being pursued.
The City Manager said he wan*e d to be sure in the negotiations that
the type of background the City is looking for concurs with ghat the
Council and the Planning and Zoning Commission agrees on.
The Council agreed to the additional delay of a week.
AnJOUNNMENT. No further business, the meeting adjourned at 9 :50 P.M.
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Regular Meeting, August 2, 1973
Page 9
ilia John ;C edis 'councilman Psalter Wrey
"Dice Miyo Gordon TOun7 ouncilman J<amt- s'Tj'eia��
Councilman Michael Martino
Alice Jr KerslbLke, City Clerk