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HomeMy WebLinkAboutMinutes Council 012072REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 20, 1972 `-' The Regular Meeting of the City Council of Falm Beach Gardens was called to order by Mayor DeLonga at 8:00 P.M. Thursday, January 202 1972 and was opened with the Pledge of Allegiance to the Flag. ROLL CALL: Roll was called by the City Clerk and present were: Councilman James, Councilman Orr, Councilman Kiedis, Vice Mayor Wiley and Mayor DeLonga. Mr. Carlson, City Manager and Attorney Brant were present. MINUTES; Minutes of the Regular Meeting of January 6, 1972 were unanimously approved on a motion by Councilman Orr, seconded by Councilman Kiedis. PRESENTATION BY Woody Dukes, Recreation Director, presented to Mayor DeLonga, WOODROW DUKES: a check in the amount of $100.00 received from the Tequesta- Jupiter parade for winning first place in Out-Of-Town float U for the City of Palm Beach Gardens. Mayor DeLonga congratulated Mr. Dukes and was very pleased. PUBLIC HEARING: The Public Hearing for the petition from Kelly Brothers Real Estate was held by the City Council, to hear comments on the rezoning of a parcel of land in Section 5_42_43 containing 12.23 acres of land. The rezoning would be a change from R-5 Mobile }come District to C -2 Commercial District. Mayor DeLonga asked for comments and discussion and there were none so the Public Hearing was adjourned and Council continued to the Regular Meeting RESTDENTS Residents of the Tamberlane Apartments and Camberwell Apartments COMPLAINT: were present and asked Council to consider some relief for the area of the unsightly condition on the vacant land in the area U Of the Longwood Apartments, which is the lumber and debris left by the builder of the Longwood Apartments. Mr. Carlson reported that Mr. Bregman, builder, had been contacted Regular Meeting January 20, 1972 Page 2 on several occasions by the Building Official, Bob Munsell. He stated that at the present time the plans for construction of apartments have been approved by the County Health Board and these are in the office of the Building Official and construction should be started within the week. He asked the residents to bear with the City as he felt that there would be progress in removing the lumber as soon as work is started. Mr. Carlson was instructed by the Council to see that this is corrected and report to them at Workshop Meeting. TRAILERS AT PGA; Council discussed the request of the PGA Golf Club for the extension of time on the use of a mobile home trailer for security purposes and additional mobile home for another area for security. Jerry Kelly represented the PGA and stated there was a continuing problem with vandalism and he felt that the placement of these trailers in the area of the golf course would also curtail vandalism in the residential area of the golf courses. Mr. Strong and Mr. McKinney from the PGA were also present to request the extension of time on the use of the mobile homes. Vice Mayor Wiley suggested modifying the code to allow Council to grant variances for security purposes. Council authorized Attorney Brant to draft a modification to the Code to allow the Council to grant variances for security purposes, and it will be studied at Workshop Meeting. fir. Lou Strong also assured the Council that some arrangements for a City Golf Program could be arranged and Mr. Dukes was instructed to set up the program with them. Jerry Kelly assured Mayor DeLonga that there will be a Golf Day for the City, and stated he felt the granting of the use �✓ of the mobile home was for a mutual benefit. Regular Meeting January 20, 1972 Page 3 After discussion on the placement of trailers and the extension Mayor DeLonga asked for a motion: to extend Resolution #23, 19719 `s for an additional time so that the Council would have time to enact a modification to the Zoning Code to permit the trailers. Mr. Kelly asked that two trailers be incorporated into Resolution #23 in order to be able to have another trailer on the grounds. Council agreed to change Resolution #23, 1971 to two trailers in place of one, and grant a 6 months extension. MODIFY RESOLUTION Motion by Councilman Kiedis to modify Section 2 of existing #23, 1971 BY MOTION: Resolution #23, 1971, increasing the number of mobile homes to two and the expiration date to be June 30, 1972, seconded by Council- man James. Voting on the motion 5 ayes and 0 nays. Mayor DeLonga stated that this would now take care of the security for 6 months and in the meantime the Council would pursue the modification to the zoning regulations. Mr. Jerry Kelly thanked the Council for consideration given to the PGA. RESERVE A request from the Palm Beach Gardens Womans Club to reserve the RECREATION ROOMS: two recreation rooms at the City Complex for the evening of Saturday, March 18, 1972 for a party, was considered by the Council. Mr. Carlson stated that he understood that it was the Council's intention and policy to make the rooms available for the use of all the residents for reasonable purposes, but as yet there was not a precedence set for this particular type of request. This party will consist of food and alcoholic beverages and based on the Council's action tonight he would have a precedence on which to make future decisions on similar requests. Mayor DeLonga stated he felt that the citizens were paying for this building and would be very happy for them to use the rooms, and in the future requests of this type would be the responsibility and at the discretion of the City Manager, to allow use of these i Regular Meeting January 20, 1972 Page 4 rooms to the Civic organizations that serve this City. Mrs. Audrey Wells of the Womans Club informed the Council that a tentative schedule for the grand opening of the teen recreation rooms is set for around the time of Valentines Day, approximately February 13th on a Sunday afternoon. FLORIDA LEAGUE A position statement from the Florida League of Cities re the RE. MUNICIPAL COURTS. revision of Article 5 Florida Constitution to be submitted to the Florida voters on March 14, 1972 and which would abolish Municipal Courts was discussed by the Council. Mr. Carlson reported that the Palm Beach Municipal League has adopted a resolution opposing the abolishment of Municipal Courts. Cop�Esof which were sent to the Palm Beach Legislative delegation and many other State representatives and senators. Vice Mayor Wiley suggested as this was an item on the ballot for the voters on March 14, 1972 that a brief summary of the bill be written up in the next Newsletter. Approved by Council. CONSENT ORDER TO A consent order to the Palm Beach Community Hospital for expansion HOSPITAL: was discussed. Attorney Brant stated that this order is where the Hospital is waiving all of its rights under the administrative procedure for a state agency, in order for their appointed examiner to appear before the State Board of Health to argue their case why possibly the State Board of Health was wrong in taking the position to not •a.11ow the H- )vital to connect to the sewer system of the City, or under certain facts we waive this right to any hearing or to complain, and we will agree to abide by what is set forth in this consent order. Mayor DeLonga stated that in the consent order they specified that they would like permission to expand the Hospital without any hook -up to the sewer and that they are abolishing their right to petition their cause before the Health Department to have it hooked up at a Regular Meeting January 20, 1972 Page 5 subsequent time. He asked that Mr. Kelemen, Administrator of the Palm Beach Gardens Hospital, be invited to meet with the Council \ and the State and County Health Departments, February 4, 1972 at 7:30 P.M. at the City Hall to discuss the sewer plant and moratorium. Mayor DeLong a asked if there were any objections to the Consent Order from the Council. Any reservations were mostly because of the moratorium existing in the City. Attorney Brant will notify Mr. Robert M. Eisenberg, General Counsel,, Division of Health, Department of Health and Rehibilitative Services, State of Florida of the City's position and comments. Attorney Brant was also asked to prepare a draft of a modification to the existing moratorium ordinance pertaining to public facilities for an emergency type of facility and discuss this at the next Workshop Meeting prior to the February 4th meeting with the State and County Health Departments. Mr. Eisenberg will be invited to attend the meeting also. Council felt that this meeting would be very fruitful and would assist the Council in making their decisions. ORDINANCE #1 Ordinance #1, permitting horses on certain streets and providing DOG & ANIMALS: for a leash law for dogs and restricting cats, was read on second reading by title and with the amended Section 7, on a motion by Vice Mayor Wiley and seconded by Councilman Kiedis. Vote was 4 ayes and 1 nay, Councilman James voted nay. Vice Mayor Wiley asked to add "and or urinate" and Council agreed, and so amended. Motion to adopt by Vice Mayor Wiley, seconded by Councilman Kiedis. Vote 4 ayes and 1 nay by Councilman James. ORDINANCE #2 Motion by Councilman James, seconded by Councilman Orr to read WILDLIFE SANCTUARY: Ordinance #2, declaring the City of Palm Beach Gardena as a Bird and Wildlife Sanctuary,, on second reading by Title and amended the Section 2. Approved unanimously and read by the City Clerk. Motion to adopt by Vice Mayor Wiley, seconded by Councilman Orr. Vote 5 ayes and 0 nays. Regular Meeting January 20, 1972 Page 6 ORDINANCE #3 Motion to read Ordinance #3, to rezone a parcel of land in Amending Zoning code Section 5 -42 -43 on PGA Boulevard (Kelly Brothers) from R -5 to u C -2, by Title only was made by Councilman James, seconded by Councilman Orr. Read by Title only by City Clerk. Motion to adopt Ordinance #3 by Vice Mayor Wiley, seconded by Councilman Kiedis and unanimously approved. ITEMS BY CITY MANAGER AND CITY CLERK: RESOLTUION #2 Mr. Carlson reported that the note for the Gradall is due on GRADALL NOTE: February 1, 1972 and made recommendations to the Council to pay the note off. Council discussed this and were in accord to not pay the note off at this time. Motion by Vice Mayor Wiley to read Resolution #2, authorizing the City Treasurer to pay the annual installment and interest to North American Bank on the note for the Gradall, seconded by Councilman Kiedis and unanimously approved. Read by the City Clerk. Motion to adopt by Vice Mayor Wiley, seconded by Councilman Kiedis and unanimously adopted. ITEMS BY MAYOR AND COUNCIL: AGENDA: Mayor DeLonga asked that the Code of Ethics be placed on the agenda for Workshop Meeting January 27, 1972„ CAPITAL ACCOUNTS: Mayor DeLonga stated that Mr. Carlson prepared a summary of the Capital accounts and asked the Council to consider that these monies would probably have to be allocated for two big projects, such as upgrading the playground, possible lighting of Plant Drive, and possibly to commence on a road project such as widening and resurfacing, etc, CENSUS: Vice Mayor Wiley asked "what is the likelihood of any increased revenues based on population apportionment ?" Mr. Carlson had discussed this with several members at the Palm Beach County Municipal League and found out that we could make a request for Regular Meeting January 20, 1972 Page 7 a new census but it would denied, and the only thing that the Government will recognize is an official census taken off under the �✓ regulations of the Bureau of Census, such as a house to house canvas. He found out that most municipalities felt that their census was low. Mr. Carlson was asked to seek acknowledgement on the city population changes and what adjusted revenues would be and report to the Council. PLANT DRIVE: Mr. Carlson also reported that the cost of the lighting at plant Drive would be approximately $25,000 for materials without labor and that is with the 8 concrete poles, NEWSLETTER: Mayor DeLonga stated he would like to see a rough draft of the Newsletter by next weeks meeting, and for the agenda he suggested these items: Code of ethics, proposed modification to the moratorium and lighting on Plant Drive. FLASHER LIGHT: Councilman Kiedis asked Council to consider placing a flasher light on Northlake Boulevard in the school zone. Mr. Carlson was U instructed to find out the estimate of the cost of a flasher signal for this area. BOND SALE: Mr, Carlson announced that the closing on the sale of the bonds has been set for January 27 or 28, 1972, and the fiscal agents are making these arrangements. ADJOURNMENT. Motion for adjournment by Vice Mayor Wiley, seconded by Councilman Orr. Time for the record 10:35 P.M. 4ayor James Councilma E. CraiC e s _ WA 'k �Vk 1 d A_h!M A C Vice _ Mayor _ Walter H. Wiley\ Co hilman John L. Orr z 1 �✓ Counc an- John Kiedis Thelma Compton, Cry Cler