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REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 3, 1972
�. The Regular Meeting of the City Council was held at 10500 N. Military
Trail in the Assembly Room. Mayor Wiley called the meeting to order
at 8:00 P.M. and 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, Vice Mayor Kiedis and Mayor Wiley.
Councilman Orr was absent due to being out of Town at his work.
Leonard Devine, Acting City Manager (due to Mr. Carlson on vacation)
and Attorney Brant were present.
MINUTES: 1. Minutes of the Special Meeting of July 27, 1972 were unanimously
approved on a motion by Councilman DeLonga seconded by Vice Mayor
Kiedis.
2. Minutes of the Workshop Meeting of July 270 1972 were approved
unanimously on a motion by Vice Mayor Kiedis seconded by Councilman
`—' DeLonga.
RESIGNATION: Mayor Wiley stated he had received the resignation of Councilman John
L. Orr, Jr. He made these comments : he learned to know him through
other Boards that he was a member of, he was a very dedicated and
honest man. It was unfortunate that he had to leave Palm Beach Gardens
to find work. Council was aware that Mr. Orr would be forced to leave
due to his jots Mayor Wiley had requested ,with the concurrence of
the Council, and based on the work load and the fact that two meetings
in July would be cancelled, he agreed not to submit the resignation
until he was asked for it. This was done in order to save the City
some money and also from inconvenience of having a mid summer election.
The letter of resignation from Mr. Orr was read by Mayor Wiley and the
effective date of his resignation is August 4, 1972, and was done for
the best interests of the City. Mayor Wiley also stated that Mr. Orr
will be back in Town and at that time an appropriate gathering will be
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Regular Meeting, August 3, 1972
Page 2
held in order to present him with the past- Councilmants plaque
suitably engraved for the service he gave to the Community as a member
of the Merit System Board and on the City Council. He added that
Council would be accepting his resignation with deep regret, and
hopefully that he would be back in the area. Councilman DeLonga stated,
Mr. Orr had wished he would have been able to be here to express his
thanks to the people of the Community for giving him the opportunity
to serve them. John has been active in Community affairs for the 10
years he lived here and very dedicated. He kept a very close personal
contact with a lot of residents of the City and am very sorry that he
had to leave and wish him well and hope he will soon be back. V
Mrs. Orr expressed for her husband /thanks to the Council and to the
people of Palm Beach Gardens that he was proud to represent the people.
Motion to accept,with regret, the resignation of John L. Orr, Jr. by
Councilman DeLonga seconded by Vice Mayor Kiedis. Vote 3 ayes and 1
`- nay, Councilman Dunbar voted nay. Mayor Wiley stated he would keep
in touch and thanked Mrs. Orr for coming.
He read a memo from Attorney Brant on the requirements of setting up
the election which will be held on October 3, 1972 along with the
National Primary Election on that day. He gave the dates for the
qualifying of candidates as August 28, 1972 through September 12, 1972.
RESOLUTION #33 Resolution #33, 1972 establishing the Special Election, was read by
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the City Clerk and adopted unanimously on a motion by Vice Mayor Kiedis
seconded by Councilman DeLonga.
REPORTS: 1. Reports for the Month of July from the Recreation, Public Works, Fire,
MONTHLY:
Police, Vehicular Maintenance and Building Departments were reviewed
and approved as presented.
SHUFFLEBOARD 2. Mr. Devine informed the Council the shuffleboard courts were coming
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along very nicely and should be completed in a few days.
CENTRAL FIRE 3. Mayor Wiley stated the construction of the Central Fire Station was
• moving very fast and the air conditioning and doors were installed.
Regular Meeting, August 3, 1972 Page 3
Thanks were extended to the Public Works Department and all other
Departments for the assistance in getting ready for a most impressive
dedication of the Central Eire Station.
CLEARING 9;zr 4.
Mayor Wiley stated that at this time he did not have permission from
ACRES
Mr. John D. MacArthur to clear the 9�E acres but has prepared a letter
to request this from him. Mr. Devine requested the Council to instruct
him what to do about removing some of the trees and they approved
moving those that were necessary. Mr. Devine reported the equipment
to start clearing would be available this coming week.
5.
Council was informed of the employment of John Eyrick as Recreation
Supervisor to replace Jill Denoff who leaves August 24, 1972.
BUSING:
Report by Vice Mayor Kiedis who attended the meeting with the Palm
Beach County school officials regarding the change of busing children
in the PGA area: He reported that the State Statutes requires that
anybody residing within the 2 mile limit from school must walk unless
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there might be some special exception. As a result of the meeting the
best approach would be through the State Legislature, because the
County officialts hands are tied. Vice Mayor Kiedis was requested to
pursue this further and inform the Council. Council was in favor of
employing a crossing guard at Burns Road intersection for the School
term in the event the school busing is not returned to the PGA area.
PETITIONS AND
Acknowledgment of the following communications by Mayor Wiley:
COMMUNICATIONS:
1. Florida League of Cities, Inc. re: Revenue Sharing: that they
have reviewed the Department of Revenue calculations and are within
10% of what we should get, and should be receiving this soon.
2. Mr. Harbin, RCA Plant Manager, expressing concern about the
traffic light at AlA and RCA Boulevard which was just changed from a
traffic control signal to a flashing red and yellow. Concern was for
the safety of their employees at this exit.
3. Richard Hiss, Attorney for the Palm Beach Cabana Colony Pool,
Regulsr Meeting, August 3, 1972 Page 4
presented requirements and information relative to the City leasing
the pool for the City of Palm Beach Gardens. Mayor Wiley stated there
a.' were a considerable number of residents of this Community who were
members of the pool and proposed that if a lease was entered into that
it be a membership basis with preference given to the City residents,
very similar to the North Palm Beach Pool.
Council will research interest in this through the Newsletter to be
published on August 25, 1972 and inform the residents to respond.
Attorney Brant was instructed to contact Mr. Hiss and find out what is
involved in entering such a lease.
4. Palm Beach Cable TV trouble report for the month of June, 1972
was reviewed and Council will be scheduling a joint meeting to discuss
problems and difficulties.
5. Lawton Chiles expressed thanks for the recent communication
concerning Revenue Sharing Proposals.
6. Department of Housing and Urban Development: informing the Council
that our application for participation under the Open Space Land
Program for Federal Funds to help defray the cost of the 20 acres which
we proposed to buy adjacent to the Complex was not funded. The City
was asked to send an indication if we wish to continue processing the
application. Council agreed to request further consideration.
7. A request from Keep Florida Beautiful, Inc. for $25.00 to become
a member was deferred to the Workshop of the budget for next year.
8. Phil Lewis expresed thanks for inviting him to the impressive
ceremony held at the dedication of the Central Fire Station.
9. Florida Bast Coast Railway requesting that we submit the billing
for the improvement made to the Railroad crossing at PGA Blvd. Mayor
Wiley asked Attorney Brant to respond.
10. Southern Sell Telephone Company: informing us billings were subject
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Regular Meeting, August 3, 1472 Page 5
to price controls, tariffs, etc. had changed; which affects only the
special circuit that triggers the fire alarm, that is the wiring from
the current complex to the Fire Station.
11. Dr. Steiner wrote expressing his thanks for the excellent
cooperation and consideration given by the Council in the consideration
of the proposed addition to the Palm Beach Gardens Community Hospital.
ORDINANCE #15
A redraft of Ordinance #15 as prepared by Attorney Brant in Section 1,
GRANTING
EXCEPTIONS TO
Paragraph D was read by the City Clerk.
ORD. 14x19
Ordinance #15 - granting exceptions to the Moratorium Ordinance was
read by the City Clerk by title only on a motion by Councilman DeLonga
seconded by Vice Mayor Kiedis. Vote was 3 ayes and 1 nay. Councilman
DeLonga voted nay.
Motion to adopt Ordinance #15, was made by Vice Mayor Kiedis seconded
by Councilman Dunbar.
Discussion of Ordinance #15 with Hospital officials followed.
Councilman DeLonga requested of Attorney Brant: "If this Ordinance is
written would that mean that the Hospital could automatically construct
the auxiliary buildings without further Council permit." Attorney Brant
stated that based on language in the proposal it is necessary and
incidental thereto and if the Building Official is satisfied on the
facts presented, he would have the power to issue the permit but if
there is any question he would have to come back to the Council. Vice
Mayor Kiedis stated the request was considered quite well last week
and the hospital officials had demonstrated what is necessary and
incidental and I for one feel that it is necessary and incidental.
Mr. Keleman informed the Council that they do take medicate, welfare
and there is no discrimination and it is a Public Hospital.
Councilman DeLonga felt that the decision should not be left to the
Building Official and the Ordinance should be strong enough and he did
not favor Public Schools in the exception. Mayor Wiley polled Council
Regular Meeting, August 3, 1972 Page 6
on removing Public Schools: Councilman Dunbar leave this in, Vice
Mayor Kiedis; in, Councilman DeLonga: out, and Mayor Wiley leave it in.
Therefore Public Schools will be left in.
Mr. Bratt,Director of the Area Planning Board presented the facts as
presented to the Board by the Hospital officials. He was assured that
the expansion bf the Hospital was for emergency treatment room and
out patient addition and laboratories and later on for the office
building. He added the proviso on the permit with the understanding
that the onsite treatment plant permit was issued with the understand-
ing subject to revocation unless the owner of the sewage plant has
provided the Department of Pollution Control with an implementation
schedule for upgrading the Palm Beach County Utility Plant, otherwise
the applicant must obtain local approval for the construction of an
evaporation percolation pond to receive the effluent which must be
determined within 4 months of the date of issuance of the permit.
Therefor he suggested that more-pressure be put on Mr. John D. MacArthur
and also on the Public Service Commission. Mr. Keleman informed
Council they were willing to gamble and go ahead with the plans as
scheduled: stated they were disappointed when nothing was done by the
Public Service Commission joint meeting held here some time ago.
Council also felt that -thy Commission was giving us° ^211 a run around.
Hospital will make another official request to the Public Service
Commission and will furnish the information to the City and to Mr.
Brett. The Hospital Architect gave reports on the trip he took to
Tallahassee to discuss this and stated they need this facility so bad
and are happy with the permit the way it was issued and are willing
to gamble. Mr. Keleman added that we are faced with the licensing
body and their requirements, need the space and don ►t known how long
the accreditation will be good.
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Regular Meeting, August 3, 1472 Page 7
Councilman DeLonga added that: "We have been over two years on the
expansion of the Utility Plant and have made no headway and very
disappointed in the Public Service Commission and the State Health
Department for the lack of support the Community has had in solving
the problem of the moratorium and we are going to take some action and
get this thing moving. I don't want to sit up here and not allow the
hospital to expand. I want it there as it is a very good hospital.
I go along with the approval of the hospital expansion, without the
auxiliary building -1 don't feel you will have your answer at the end
of the 4 months and it may be a bigger problem at that time than we
have now." Councilman Dunbar felt that the issuance of the permit
would be no sacrifice to the City and that it is a necessity.
Mayor Wiley called for the vote and Ordinance #15 was adopted as read
on a vote of 3 ayes and 1 nay. Councilman DeLonga voted nay.
Mayor Wiley informed the Hospital officials that they can come in and
if upon completing all the requirements necessary and paying the
proper fees, can obtain the permit in the morning. Approved by
Attorney Brant. The Building Official will be so instructed by the
acting City Manager,Leonard Devine. Mayor Wiley read a memo from the
Building Official stating that the plans for the Hospital alterations,
the medical complex and the sewer treatment plant, and all approved
papers are on file with the plans. The contractors are qualified and
licensed in the City. Mr. Keleman thanked the Council for their
cooperation, and understood how difficult this was to act on.
PLANT DRIVE Council discussed with Steve Goione, Mike Martino and Leonard Devine
the completion of the lighting project at the Plant Drive ball field.
Mr. Devine stated that the Electrical Union had informed him their
work load was too large at the present time to take on any other job.
He had contacted Clyde Dunn and Edwards Electric, and estimated that
the cost of wiring the poles would cost the City approximately $2000
Regular Meeting, August 3, 1972 page 8
on an hourly basis. He will keep Council informed. Mr. Devine is
meeting with Mr. McDaniel of Florida Power and Light Company for
discussion of the erection of the poles. Merle Merchant will be
advised. Steve Goione offered to work week ends or on his vacation
next week in wiring the poles which was sincerely appreciated by the
Council and accepted.
Council was in accord to let the word be known through the YAA that
much assistance is needed and would appreciate any volunteers. Mike
Martino was assured that the field would be all right for play during
daylight hours and he approved.
ORDINANCE #11
The amendment to Ordinance #11, Section 2 was read by the City Clerk
OCCUPATION
LICENSE:
which adds Exhibit A. fee schedule.
Ordinance #11, Occupational License and amendment Section 2 was read
on second reading by Title only by the City Clerk. Adopted
unanimously by the Council on a motion by Vice Mayor Kiedis seconded
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by Councilman Dunbar.
RESOLUTION #27
Resolution #27 Annuity Insurance provides annuity insurance for City
ANNUITY INSURANCE:
Employees was read by the City Clerk and adopted by the Council
unanimously on a motion by Councilman Dunbar seconded by Vice Mayor
Kiedis. This provides increased benefits for employees at an
approximate cost to the City of approximately $27,000 and has been
included in the projected 1973 budget. Obtaining the revenue from
Casualty Insurance premiums from the State of approximately $6500 in
return would reduce the total cost to about $21,000.
RESOLUTION #31
Resolution #31 was read by the City Clerk and adopted by the City
ANDONIM OLD
Council on a motion by Vice Mayor Kiedis seconded by Councilman
Dunbar. Vote 4 ayes and 0 nays.
APPOINTMENT OF
Mayor Wiley advised Council that due to the resignation of Councilman
\ GEORGE SONNER:
Orr a Councilman could be appointed to serve until the time of the
Special Election. He stated two former Councilman had been contacted,
Regular Meeting, August 3, 1972 page 9
Councilman Blanck and Councilman James declined. George Bonner, former
Councilman and Mayor agreed to serve if it was the pleasure of the
Council.
RESOLUTION #32 Councilman DeLonga made a motion that Resolution #32 be read with
APPOINTMENT
EAR EE George Bonner's name inserted, seconded by Vice Mayor Kiedis. Vote 4
BON_NER:
ayes and O nays. Resolution #32 appointment of George A. Sonner,was
read by the City Clerk and adopted by the Council on a motion by
Councilman DeLonga, seconded by Vice Mayor Kiedis. Vote 4 ayes and 0
nays.
OATH The oath of office to George A. Bonner was administered by the City
Clerk, Thelma Compton. Congratulations were extended to him by the
Council. He stated he appreciated the honor of serving and for the vote
of confidence extended to him by the Council.
JOINT MEETING: The following topics for discussion for the joint meeting with Lake
Park and North Palm Beach were suggested: Drug abuse, solid waste
\r disposal, zoning, (density), signs, consolidation of Police
communications, consolidation of Fire protection, Palm Beach Cable TV,
joint Recreation Board, credit union for employees, dog catcher for
area, pool of Public Works equipment. Mayor Wiley requested to be
called if any other items were to be brought up.
LEAVE OF Mayor Wiley informed the Council that Thelma Compton, City Clerk and
ABSENCE:
requested a leave of absence for S months more or less. Attorney
Brant submitted a memo regarding the status of granting a leave to the
City Clerk as: "She is specifically exempted from coverage under the
Merit System but the Council administratively in the past treated this
job classification as being under the Merit System by virtue of granting
pay raises, etc. It is my opinion because of this exception the City
Council has the power to determine if such leave shall be granted
`J or refused." Mr. Carlson, Administrator of the Merit System, had
discussed this with the City Clerk and by memorandum to her
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Regular Meeting, August 3, 1972 Page 10
indicated in accordance, approved the leave not to exceed 3 months from
the date of August 16, 1972 and requested that kn extension could be
made in writing to him one week prior. Mr. Carlson stipulated the City
would fill the position as City Clerk. Upon termination of the leave
of absence Thelma Compton would be placed on the re- employment list and
would be given first refusal of any existing position. Mrs. Compton
agreed. Filling of the position of the City Clerk will be by
Resolution.
Motion to grant a leave of absence to Mrs. Thelma Compton, present
City Clerk, for 6 months beginning August 16, 1972 without the proviso
for extended leave after that 6 months, with the understanding that the
position of City Clerk will be filled and on the termination of her
leave of absence Thelma Compton will be placed upon the re- employment
list with a first refusal of any vacancy�by Vice Mayor Kiedis seconded
by Councilman DeLonga. Vote 4 ayes and O nays.
BUDGET: Motion by Councilman DeLonga that the discussion of the preliminary
TABLE:
budget be tabled, seconded by Councilman Dunbar and approved. Mayor
Wiley stated that all the information was not available and needed
more time to review and also for Council to be thinking of the revised
pension payment, merit increases and cost of living and the millage
and a listing of preferences of Capital Improvements.
PAVING OF Mr. Devine informed the Council he could not get a firm estimate of
CERTAIN STREETS:
street resurfacing as yet and needed the authorization from the
Council. Motion by Vice Mayor Kiedis and seconded by Councilman
DeLonga to approve the repaving of the portions of the Avenue of the
PGA and Holly Drive as decided at the meeting of July 27, 1972 and not
to exceed $13,000. Council was not in agreement to set a figure on
the cost and Mayor Wiley asked for an amendment as a declaration of
intent. Motion by Vice Mayor Kiedis seconded by Councilman DeLonga.
Mayor Wiley explained this is a declaration of intent to repave
certain roads at an approximate cost of $13,000 give or take.
Regular Meeting, August 3, 1972 Page 11
Approved unanimously.
ITEMS BY MAYOR AND COUNCIL:
Mr. Devine informed Council he was in need of a mower with the
installation of the Plant Drive grass and also of the grass at the
Complex. He presented an arrangement with a dealer which would not
exceed $995.00 for this type of mower. Motion by Council —n DeLonga
to not exceed $995.00 to purchase a lawn mower, seconded by Vice Mayor
Kiedis. Motion was withdrawn until the letter bids were presented to
Council.
FIRE HYDRANT: Mayor Wiley acknowledged receipt of the Fare Hydrant suit stipulation
that we pay the principal amount of $38,690. in five equal payments
at 6% interest beginning January 1, 1973. This does not take into
account the two years past or any of the future years. Mayor Wiley
asked for Council's direction to the City Attorney in responding to
the stipulation. Mayor Wiley felt that this was not an adequate
`-' solution to the suit and that it establishes precedence. He stated:
"We could go for 5 years and not pay for anything else and be served
another suit. We do not have the guarantee for adequate pressures or
emergency water supply so consequently the Fire Insurance rating has
not been reduced. I would like to recommend to the Council that we
accept this portion of the agreement and that also as part of the
stipulation there is consideration or accounting for the two years
past and for the current use to the future and that in the future
there will be every effort on the part of the Utility Company to
_provide what is necessary to get the insurance rates of the City to a
Class 8.1f After discussion with the Council Mayor Wiley explained
that this would modify the stipulation and bring it up to date at the
same rate and extend the agreement, providing that the yearly payment
be paid at a set date in conjunction with the budget. Council was in
agreement that Attorney Brant proceed in this direction and if he
Regular Meeting, August 3, 1972 Page 12
could save the City any money on a settlement they would be most
happy.
-�. AMERICA AWARD: Mayor Wiley advised the Council that he had sent for an application
for all America City Award. This is for Community improvement through
Citizen acts, which willte% put together and presented to the Council
for approval.
TRUCK SIGN: Mr. Devine informed Councilman DeLonga the dump truck had not come in
as yet. At Councilmans DeLonga request Mr. Devine will contact the
State Highway Department that the sign at the exit of the Turnpike
needed paint.
LIGHTS: Mr. Devine reported that the light pole for the Reed Drive area and
the light for the old YMCA building are being scheduled for
installation by Florida Power and Light Company.
ADJOURNMENT. Motion for adjournment by Councilman DeLonga, seconded by Vice Mayor
Kiedis. Time for the record 11:22 P.M.
.1--
Y4ayor Walter H. Wide*
Vice Mayor John Kiedis
✓2%
Thelma Compton, Cit Clerk
�. -- /Councilman DetoiWa-
/ v Councilmar�/Yunbar
Councilman Bonner