HomeMy WebLinkAboutMinutes Council 101972i
REGULAR MEETING
CITY OF PALM BEACH GARDENS
OCTOBER 19, 1972
The Regular Meeting of the City Council of Palm Beach Gardens was called
to order by Mayor Wiley at 8 :00 P.M., Thursday, October 19, 1972 in the
Assembly Room, 10500 N. Military Trail and was opened with the Pledge of
Allegiance to the Flag.
ROLL CALL: Roll was called by the City Clerk and present were: Councilman Dunbar,
Councilman DeLonga, Councilman Martino, Vice Mayor Kiedis and Mayor Wiley.
Also present were City Manager Robert Carlson and Attorney William Brant.
MINUTES: The minutes of the Workshop Meeting of October 12, 1972 were unanimously
approved, as corrected, by the Council.
POLICY A policy decision was made by the Council that when there is a unanimous
DECISION:
vote on a motion it is not necessary to record the names of the Councilmen
making and seconding the motion, unless there is a split in the vote.
REPORTS: A finalized drawing of the City Complex Park and Recreation Development
RECREATION Plan was presented to the Council by Don Snyder, Chairman of the
ADVISORY
BOARD: Recreation Advisory Board. The drawing was made by Gerald Sleeter, a
Board member and architect by profession. Mr. Snyder explained the plan
represented the collective thinking of the Board, the Recreation Director,
Mr. Woodrow Dukes with the assistance of Mr. Jim Sayes, Recreation
Specialist, Department of Community Affairs, State of Florida and shows
the maximum utilization of the land. Copies of the plan will be made by
Mr. Snyder for the Council and will be reviewed at a future workshop
meeting with the members of the Recreation Advisory Board present to
answer any questions.
Mr. Gerald Sleeter,commented he had reviewed the plans for the Self-
Service Postal Unit and found them to be quite complex, however, he will
submit a bid to the Postal Department.
u VOLUNTEER Mr. Eugene Leofanti, a Volunteer Fireman, reported on their tentative
FIRE DEPT.:
plans for the opening Day Ceremonies for the Central Fire Station, to be
held December 3, 1972 from 12 noon until 5:00 P.M. (the date contingent
Regular Meeting, October 19, 1972 Page 2
upon completion of the fire station). Their plan is to have a day when
the equipment and scrap book will be displayed, a short documentary and
fire prevention film will be presented and the residents can tour the
station to see where their tax dollars are going and how the Fire Depart-
ment can better serve them. Mr. LLoofanti asked that the Council advance
monies to cover the cost of the refreshments which would be about $324.00.
The Council agreed to make up the balance of money if there is a shortage
in the collection from the donation boxes. It was decided by the Firemen
that the residents should not be asked to spend any money on that day and
decided not to give the Woman's Club permission to hold a bingo party as
they had requested. The Mayor and Council will participate in the ribbon
cutting ceremonies.
VOLUNTEER
A request for $150.00 by the Fire Chief to be used for a picnic for the
FIREMEN
PICNIC:
Volunteer Firemen and their families was approved by the Council. This
money will be taken from the last years budgeted Fire Department refresh-
-,�
ment fund that was not used.
PETITIONS
AND COMMUNICATIONS:
Mayor Wiley acknowledged receipt of the following communications:
PAUL BREMER:1. Letter from Mr. Paul Bremer, Accountant, Callaway, Carpenter, May and
Company that the mathematical check they made of the Budget is in order.
DEPT. OF
2. Communication from the Department of Pollution Control, State of
POLLUTION
ONE
Florida, advising the cancellation of a meeting scheduled November 1, 1972
regarding the State wide rule for interim package sewage treatment plants.
The meeting will be rescheduled at a later date.
WILLIAM
3. Letter from William Boose, Director, Palm Beach County Planning,
BOOSE:
Zoning and Building Department regarding a meeting scheduled for October
27, 1972 on the Comprehensive Land Use Plan for the Unincorporated Urban
Areas of the County requesting a representative from the City attend. Mr.
Carlson, appointed by Resolution by the Council as the Cityfs represent-
ative, will attend and if available, a member from the Planning and
Zoning Commission.
/
Regular Meeting, October 19, 1972 Page 3
KENNETH
4. Letter from Kenneth Woodburn, Governmental Assistant to the Governor,
WOODBURN_:
in response to the City's letter regarding the sewage problem, with an
attached copy of a letter from Wilson Sowder, Director of the Department
of Health and Rehabilitative Services, Mayor Wiley read drafts of the
letters he had written to Mr. Larry Lukin of the Palm Beach County Health
Department and Mr. Woodburn asking for answers that would assist the
Council in their deliberation of whether they should lift the moratorium.
The Council agreed they have investigated every phase possible to solve
the problem.
MICKEY NEAL: 5. Letter from Mickey Neal, Athletic Director of Palm Beach Gardens
High School thanking the Council for assistance regarding police
protection at the football games held at the High School. A letter is
being drafted by the City Manager to the Sheriffs Department and the
School Board stating the policy of the Council regarding this matter.
DEPARTMENT
6. Councilman DeLonga received a communication from the Department of
OF TRANS-
PORTATION:
Transportation, State of Florida, regarding the Federal Aid -Urban System
Highways and pointed out this City fared very well as compared to other
Cities in this study, and the bulk of the road construction will be in
this area. The roads in the City that will be eligible for federal aid
if Congress accepts the recommendation of the Transportation Department
are Northlake Boulevard, PGA Boulevard , AIA and I -95.
RYYLOR
7. Communication from Ryan, Taylor and Law, Attorneys, requesting they
.�
be placed on the Planning and Zoning Commission agenda for consideration
Of annexation -and rezoning of a piece of property north of the City
limits, was referred to the Planning and Zoning Commission.
DEPARTMENT
8. Communication from the Department of Administration, State of Florida
OF ADMINIS-
regarding the population count for the 1972_73 revenue sharing distrib-
ution.
EMPLOYEE
9. Communication from the City Manager regarding a City employee,
INSURANCE
CLAIM:
Andrew Bivins, who has filed a claim against the City for insurance
compensation. The claim is in the hands of the Insurance Carrier.
Regular Meeting, October 19, 1972 Page 4
Mayor Wiley deviated from the agenda to handle those items that involved
people waiting in the audience, however the minutes show disposition of
the items in the order they appear on the agenda.
RESOLUTION Resolution #41, 1972 amending Section IX, Job Classifications, Merit
#41, 1972:
System Rules and Regulations was tabled unanimously by the Council for
RESOLUTION
#44
RESOLUTION
#45, 1972:
RESOLUTION
#47, 1972:
consideration at the Special Meeting to be held October 26, 1972.
The Council was in receipt of a recommendation from the Merit System
Board to adopt certain additional job classifications to the Merit
System.
Resolution #44, 1972 reappointing Department Heads and Advisors to the
Council, and modified to include the name of the Recreation Director,
Mr. Woodrow W. Dukes, was tabled unanimously by the Council for
consideration at the Special Meeting to be held October 26, 1972. After
a discussion by the Council, it was agreed not to include Purchasing
Agent in the Resolution.
Resolution #45, 1972 authorizing the use of a trailer at the northwest
corner of U.S. Highway #1 and PGA Blvd. was tabled on a motion by
Councilman DeLonga, seconded by Councilan Martino. Vote on the motion
4 ayes and 1 nay. Vice Mayor Kiedis voted nay. The City Manager reportec
he had received no word from Cavanagh Land Sales Corporation as they had
indicated at the last workshop meeting that they would present drawings
a nd plans showing their intentions. Council directed the City Manager
to notify Cavanagh Land Sales Corp. that unless they appear before the
Council with a subsequent request to have the Resolution extended, the
Council will have to comply with the requirements thereof.
Resolution #47, 1972 authorizing the use of a trailer at the PGA Golf
Courses in connection with golfing events from December 15,1972 through
the month of January was read by the City Clerk and adopted unanimously
by the Council. Mr. Boyle, a representative from the PGA thanked the
Council for their consideration.
\i
Regular Meeting,October 19, 1972 Page 5
ORDINANCES: Ordinance #16, 1972 reducing the speed limit on Lighthouse Drive was read
ORDINANCE
#TZ7� : by the City Clerk and unanimously adopted as amended. The City Manager
and Chief of Police will present a recommendation for the speed limit on
all City streets at the next Workshop Meeting.
ORDINANCE Councilman DeLonga explained he had requested from the City Manager a
#18, 1972.-
list of each of the City employees with their exisitir' range and step
and classification, existing salary, new salary after 2V. cost of living
raise and any longevity they might have, to be included with the budget
when it is adopted. The Council concurred and unanimously agreed to
table Ordinance #18, 1972 to a special meeting on October 26, 1972 prior
to the Workshop Meeting, and directed the City Manager to submit a new
list with the minimum and maximum for all job classifications to show the
entrance range with the automatic increases and the maximum salaries.
PROCLAMATION: Mayor Wiley announced that a Proclamation for UN Day, October 24, 1972
as approved by the Council, had been prepared and will be sent to the
UN DAY Program Chairman to be presented at a ceremony October 22, 1972 at
the Palm Beach Towers. The City Manager will send regrets that the Mayor
and Council are unable to attend.
ITEMS FOR DISCUSSION BY THE CITY MANAGER AND CITY CLERK:
ABOLISHING 1. The City Manager recommended the Council consider the future date
MUNICIPAL
COURT: upon which they choose to abolish the City's Municipal Court, as
requested by Bill #4423 to be enacted by the Legislature. The City
Attorney interpreted the bill to read the Chief Judge of the Circuit
Court, who is Judge Mac Millan, must be notified of the City's intent,
at least 30 days prior to the next session of the legislature, to pass
an Ordinance abolishing its Municipal Court. The Judge then has 60 days
in which to advise the City if there is going to be adequate facilities
to take over the City case load and if not then the City is required to
furnish the facilities.
The Council agreed to submit the same Resolution it had previously
adopted and to ask consideration for the Municipal Court to be located
i
Regular Meeting, October 19, 1912 Page 6
within the City, but before any action is taken, directed the City
Manager to contact Judge MacMillan for more details,in particular, as to
�.� the distribution of the revenue from the fines.
AWARDING OF
2. Discussion was h6ld on the awarding of plaques to certain people who
P UE, :
participated in the improvements to the Plant Drive Recreation Area and
the Municipal Complex area. It was decided by the Council to award a
plaque to Lou Oxnevad, Howard Kuhns, Ted Jensen and Steve Goione. These
awards will be presented on Saturday, November 4, 1972 at the Plant Drive
Park at 7:15 P.M. prior to the last game played. Council authorized the
City Manager to select the plaques and have them properly engraved. Vice
Mayor Kiedis asked if the Council had given an further thought to the
renaming of plant Drive Park to Michael Feeney Field. A decision was not
made at this time, however consideration will be given to naming one of
the new fields planned for the 10 acre site.
40KW
3. City Manager recommended the Council accept an offer of $350.00 for
GENERATOR:
the 40KW generator presently stored in the public works area, which is
of no use or value to the City. Motion made by Vice Mayor Kiedis
authorizing the City Manager to obtain the $350.00 for the 40KW generator
and dispose of any other items deemed not necessary or required by the
City. Motion died for the lack of a second.
Motion unanimously adopted by the Council authorizing the City Manager
to sell the 4OKW generator for the amount of $350.00.
The City Manager advised that the Public Works Department is preparing a
list of all items that are stored in the Public Works area that cannot be
salvaged.
Councilman Martino suggested placing all the items in one spot and
have the Teen Center members hold a sale to make money for their group.
15KW GENERATOR: The City Manager reported that Mr. Serraes advised him that in the
specifications for the fire department, part of the electrical contractors
responsibility is to hook up a generator to be furnished by the City,
Regular
Meeting, October 19, 1972 Page 7
and the electrical contractor felt it more feasible to make an agreement
with the contractor to come back at a later time, at no additional cost,
to connect the generator. The specifications call for a 15KW gasoline
operated generator, at a cost of $2440 for the generator and $1174 for the
low transfer switch. It was concluded the 40KW generator could not be
adapted to use at the fire station.
Mayor Wiley stated that $10,000 of the Central Fire Station Fund had been
considered for purchase of equipment, which would have included the
generator, but that the money had been used toward payment of the first
years indebtedness on the General Obligation Bonds. The Council authorized
the City Manager to ascertain if the same emergency generator used by the
Police Department and located at the City Hall could also be used by the
Fire Department as the conduit runs between the two buildings.
ITEMS BY THE MAYOR AND COUNCILS
TRI -CITY
Mayor Wiley acknowledged receipt of an invitation from the Tri_City Bank
BANK:
located on PGA Boulevard in the City to participate in their formal ribbon
cutting ceremony to be held 9 :00 AM, October 23, 1972,
SIGN
Council agreed to defer discussion on the Sign Ordinance from the Workshop
ORDINANCE:
-�
Meeting of October 26, 1972 to a future workshop meeting.
VICE MAYOR
Vice Mayor Kiedis asked the City Manager to determine what action the
KIEDIS:
Planning and Zoning Commission has taken on the squaring off of the
boundaries of the City and plans for future annexation.
TRASH ON
Discussion was held on complaints about throwing trash on vacant lots and
VACANT LOTS:
residents issued citations and being penalized for keeping their property
clean by putting trash on adjacent vacant lots. The Council agreed the
situation will be resolved when the Packer is received and a weekly
trash schedule is put into effect.
COUNCILMAN
Councilman DeLonga inquired about the status of the agreement with the
DELONGA:
School Board in regards to the tennis courts. The City Attorney reported
TENNIS
COURTS:
he had met with the Attorney for the School Board and the proposed agreemer
with the City regarding the use of the tennis courts at the High School
Regular Meeting, October 19, 1972 Page 8
is acceptable with one modification -the provision that the School Board
agrees to hold the City harmless in the use of the grounds; unless the
School Board has direct supervision of the activities of the grounds their
insurance rate would jump. Deleting this stipulation poses no problem to
the City in terms of the agreement, as the City's insurance carrier
advised it would have the same effect as if additional courts were placed
at the City Hall and their insurance would not increase more than $20.00,
if any at all. Additional information was requested to be furnished to
Dr. Eissey by October 20, 1972 in time for the agreement to be placed on
the School Board agenda for Wednesday, October 25, 1972. The information
being the past record of cost of electricity and a record of monies
deposited into the meter boxes.
Mayor Wiley informed the Council he had met Dr. Carroll, the new Superin-
tendent of Schools and would like the Council to invite him to a Council
Meeting.
VICE MAYOR
Vice Mayor Kiedis asked for a report on the status of the fire hydrant
KIEDIS:
suit. He reported he had met with Mr. MacArthur on October 18, 1972 and
FIRE HYDRANTdiscussed the fire hydrant rental suit and personally felt the Council
SUIT:
should settle the account past due and arrange for future payments each
year with the same rate of rental and that Mr. MacArthur was in agreement.
It is also his feeling that the Council should ask for the tank and
increase in water pressure at a future date.
COUNCILMAN
Councilman Dunbar agreed that the Council pay the money if they owe it,
DUNBAR :
and not place other contingencies on it. The money is in the budget for
this payment and should be taken out if not used for this purpose.
COUNCILMAN
Councilman DeLonga said it was not as simple as merely paying the bill,
DELONGA:
that other stipulations were included and he was under the assumption that
the City was waiting for a response from the Attorney for the Utility
Company.
Regular Meeting, October 19, 1972 Page 9
Attorney Brant explained the counter proposal in the suit contained two
items- the formula for a lease arrangement or something documented
between the City and the Utility Company as to the charges and maintenance
of the fire hydrants and Mr. MacArthur agreed on two occasions to erect
the necessary storage tank facilities to reduce the City's insurance rate.
The City does not have a franchise and the theory the law is based on is
called "Unjust Enrichment ", whether the City uses the water from the
hydrant or not, by custom the facility is there to be used. Mr. Sales,
the attorney for the Utility Company advised Mr. Brant that inasfaras
any negotiations in the future he had no authority whatsoever; that any
negotiations should be conducted with his principal direct.
MAYOR WILEY: Mayor Wiley informed the Council that he was still trying to arrange a
meeting with Mr. MacArthur to discuss both the moratorium and the fire
hydrant suit. He had been informed that it was a matter of principle with
Mr. MacArthur and if the Council saw fit to express the desire to lift the
�✓ moratorium and put the burden on the Health Department and the Board of
Pollution Control, Mr. MacArthur would initiate plans to build a plant.
Mayor Wiley further stated that in April 1972 he had discussed the fire
hydrant suit with Mr. MacArthur - that there was a debt to be paid and
basically the service was provided. It would not be diligent for the
City to drop it without acknowledging there is no franchise, and without
acknowledging that there is no provision for the rate of payment for
hydrant rental.
COUNCILMAN Councilman Martino inquired about the status of clearing the 10 acres
MARTINO:
adjacent to the City Hall. The City Manager advised that Rubin Const. Co.
would clear the land on Saturday, October 21, 1972 and as specified
conserve as many trees as possible. Mr. Devine, at Councilman Martino's
request, had contacted T.C. Saffold for a price to do the job,and he had
quoted a minimum
q price of $6,000.00
/ Regular Meeting, October 19, 19'12 Page 10
COUNCILMAN The City Manager suggested a meeting be scheduled so that Councilman
MARTINO:
Martino could explain the cost reduction program he asked the
Department Heads to initiate.
Councilman Martino requested that the Public Works Director, Mr. Devine,
prepare a schedule for canal maintenance.
COUNCILMAN Councilman DeLonga suggested Mr. Carlson talk to Mr. Haythorn, personally
DELONGA:
regarding an incident that happened in reference to the Palm Beach
County Sanitation Company.
ADJOURNMENT. No further business and meeting adjourned at 12;00 P.M.
Mayor Walter H. Wiley \�Councilman James DeLonga -- - -- T
Vi Mayor John Kiedis 66Gncalman /Gordon ISunbar
Councilman Michael Martino
AliceJ��n Kekslakee, City Clerk
C,