Loading...
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,