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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. i 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