HomeMy WebLinkAboutMinutes Council 090293j
CITY COUNCIL
REGULAR MEETING
-
CITY OF PALM BEACH GARDENS
SEPTEMBER 2, 1993
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Russo at 7:30 P.M. in the Assembly Room of the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge of Allegiance to the
Flag.
Roll Call
The City Clerk called the roll and present were Mayor
Russo, Councilman Jablin, Councilwoman Furtado and
Councilman Clark. Vice Mayor Monroe was not in attendance
due to illness.
ANNOUNCEMENTS
Mayor Russo stated the announcements were as posted on
the City's bulletin boards.
ITEMS BY THE
CITY MANAGER
City Manager Herakovich informed the City Council that the
City owed the MacArthur Foundation a refund of $40,000 for
past taxes because of over - appraised properties for the past
two years. She explained that the Foundation successfully
argued that concurrency lowered the actual taxable value.
Mayor Russo stated that this could affect several properties
located within the City and may have a negative impact.
It was the consensus of the City Council to
place this item on the next agenda and approve this refund
by resolution, with monies to be taken from Council
Contingency.
--
At the recommendation of the City Manager, the City Council
CITY COUNCIL REGULAR MEETING, 9/2/93
PAGE 2
unanimously agreed to reschedule the City Council meeting of
9/16/93 to 9/23/93 because of Rosh Hashanah Holiday. The
public hearings scheduled for the 9/16/93 meeting will be
recessed that evening and rescheduled for 9/23/93, after the
City's budget hearing.
City Manager Herakovich stated preliminary estimates show
the City will receive approximately $107,000 next year from
the County's six cent a gallon gas tax increase. These funds
may be used for road improvements and street light repairs.
After discussion regarding a date for a retirement dinner for
City Attorney Bill Brant, it was agreed that October 6, 1993,
was a date everyone could attend.
City Manager Herakovich, referencing the RFP for City
Attorney, requested any amendments be directed to her so
corrections could be made. Councilman Clark had already
given amendments. The advertisement for the position will
begin September 12, 1993.
The City Manager stated that a revised Special Event form
has been given to each Council member for their review and
comments. It was decided that large events, such as auto
shows and festivals, should be placed on the consent agenda
for Council approval. If any member of the City Council had
a problem or concern it could be pulled. If all information
in the Council package adequately explained the event, the
approval should be done by Consent Agenda.
CITY COUNCIL REGULAR MEETING, 9/2/93
ITEMS BY MAYOR
AND CITY COUNCIL
PAGE 3
The City Manager stated that the Police Pension Fund had a
recent actuarial done and the fund is going to come up short.
The City Manager stated the City Council needed to meet,
along with legal /pension counsel to determine the City's
stance and what should be done, if anything.
It was agreed that the City Council would discuss possible
problems with the Police Pension Fund and the golf course
report on Thursday, 9/9193. The City Manager was directed
to determine if Bonny Jensen, Lee Dehner and George Quintero
would be available for that meeting.
ancilman Jablin Councilman Jablin reported on his efforts to organize
the Landfill Committee to try to have them elect a
chairman and vice chairman, to no avail. He stated that
late this afternoon, Roger Lambert (a member of the
Landfill Committee) informed him that he received a FAX
from Mr. George Cox stating all other members of the
committee had resigned. Mr. Lambert arrived at the
meeting at approximately 8:30 P.M. and discussed his
wish to remain on the committee and a request for the
City Council to consider hiring an independent engineer
to do a study, since there were concerns about the
Dames and Moore study. The City Council requested the
City Manager get cost and time estimates from different
engineers so the Council could decide if this request
CITY COUNCIL REGULAR MEETING, 9/2/93
was feasible.
Councilwoman
PAGE 4
Furtado Councilwoman Furtado stated she has received a lot of
feedback from people regarding the golf course and loss
of monies. The Council will be discussing the reports
received regarding the golf course at a workshop meeting
on 9/9/93 at which time they will begin to determine what
needed to be done.
Councilwoman Furtado referenced a race discrimination lawsuit
that the City is faced with and the recent determination
that it could become a class action suit. Councilwoman
Furtado felt that the City Council should consider
settling the case out of court to save taxpayers' money.
Councilwoman Furtado reported that the Space Allocation
Committee has been meeting and is ready to report cost
estimates to City Council for the refurbishing of City
Hall /Police Department.
In response to Councilwoman Furtado, the City Manager
stated that the Interlocal Agreement for the widening of
Northlake Boulevard has expired and the City needed to
bring this back into viability. The City Manager will
be discussing this with the City Council at a later date.
COUNCILMAN CLARK Councilman Clark reported that the Charter Review Committee
has been meeting and is working on the redrafting of
sections of the Charter.
Councilman Clark stated he was contacted by Mr. Lioce of
CITY COUNCIL REGULAR MEETING, 9/2/93
PAGE 5
Planning & Zoning Commission, who stated he was resigning
due to conflicts of interests preventing him from
participation in many votes of that advisory board.
MAYOR RUSSO
Mayor Russo thanked Milton Stern for organizing the
meeting last night at PGA National re: tax increase.
Mayor Russo expressed the need for a North County
Economic Forum and the Council agreed that he should
work in that direction.
Mayor Russo stated that certain problems facing the City
have been blamed on the past administration and felt that
the time has come to stop referencing what we feel created
the problems and focus on the solutions instead.
CONSENT AGENDA
Mayor Russo stated he was not at the last meeting and would
not be voting on the minutes.
Councilman Clark made a motion, seconded by Councilman
Jablin, to approved the consent agenda. Motion unanimously
approved. The following items were approved on the Consent
Agenda:
1. Proclaiming September as "Sickle Cell Disease Month ".
2. Approval of Minutes of 8/19/93 Regular Meeting.
3. Resolution 90, 1993 - Amending Prosperity Center PUD
by approving signage for tenants & site, and change of
colors of building and structures.
PUBLIC HEARINGS•
Ordinance 12,1993
Mayor Russo declared the Public Hearing open, which was
duly advertised 8/18/93, and held on the intent of Ordinance
12, 1993, repealing Article IV, Art In Private Developments,
CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 6
of Chapter 151 of the Palm Beach Gardens Code and adopting
a new Article IV, Art in Public Places, in replacement
thereof. Due to several corrections, Councilwoman Furtado
made a motion, seconded by Councilman Clark, to recess the
Public Hearing. The motion was unanimously approved.
Councilman Jablin made a motion, seconded by Councilwoman
Furtado to recess the public hearing to 9/23/93.
Ordinance 13, 1993 Kim Glas, Planner, addressed the City Council, outlining
past workshop history of Ordinance 13, 1993. Ms. Glas
referenced corrections and questions brought up by the
Building Official. The City Council had no problems with
suggested corrections.
The City Manager stated that the concern she was hearing
was that the City has been lucky to get some of the
Development Orders it has and at some point would have to
look at revenue sources to take care of design guideline
wishes. The City's intent is to preserve the area to make
sure it will be set aside and not to delay any construction.
Mayor Russo declared the Public Hearing open, which was duly
advertised 8/18/93 and held on the intent of Ordinance 13,
1993, amending Chapter 159 of the Palm Beach Gardens Code,
The Zoning Code, by creating and adopting a new section
thereof designated as 159.044, PGA Boulevard Planning and
Design Guidelines. Nader Salour of Ballen Isles addressed
the City Council stating he agreed with the Ordinance now that
CITY COUNCIL REGULAR MEETING, 9/2/93
PAGE 7
he understood that the intent was not to delay construction.
There being no further comments from the public, Mayor Russo
declared the Public Hearing closed.
Per a motion by Councilman Jablin and seconded by Councilman
Clark, the City Attorney read, by title only, on second and
final reading, Ordinance 13, 1993. Councilman Clark made a
motion, seconded by Councilwoman Furtado, to adopt Ordinance
13, 1993. The motion was unanimously carried.
Ordinance 14, 1993 Mayor Russo opened the Public Hearing, which was duly adver-
tised 8/18/93 and held on the intent of Ordinance 14, 1993,
relating to the regulation of the use and development of land
regarding public safety impact fees. There being no comments
from the public, Mayor Russo declared the Public Hearing
closed. Mayor Russo pointed out that this was the first of
two Public Hearings to be held on Ordinance 14, 1993, with
the second advertised for 9/16/93, with consideration of
adoption; however, that Public Hearing would be recessed on
that date to 9/23/93 due to Rosh Hashanah Holiday.
Ordinance 15, 1993 Mayor Russo declared the Public Hearing open, which was duly
advertised 8/18/93 and held on the intent of Ordinance 15,
1993, amending Ordinance 21, 1992, as subsequently amended,
same being the budget ordinance of the City of Palm Beach
Gardens for the fiscal year beginning 10/1/92 and ending
9/30/93; inclusive. There being no comments from the public
Mayor Russo declared the Public Hearing closed.
Per a unanimous vote of the City Council, the City Attorney
CITY COUNCIL REGULAR MEETING, 9/2/93
PAGE 8
read, by title only, on second and final reading, Ordinance
15, 1993. Councilman Clark made a motion, seconded by
Councilman Jablin, to adopt Ordinance 15, 1993. Motion was
unanimously carried.
Resolution 88,1993 The City Council discussed Resolution 88, 1993, appointing 3
members and 2 alternate members to the Zoning Board of
Appeals. The following names were inserted in the blanks:
Sam Carsillo - Regular Member
Otto Rudley - Regular Member
John Bailey - Regular Member
Lynn Waxman - Primary Alternate
Jan Rausch - Second Alternate
Councilwoman Furtado made a motion, seconded by Councilman
Clark to approve Resolution 88, 1993, with the above names.
Resolution 88, 1993, was unanimously adopted by the City
Council.
Resolution 104,1993 Councilman Jablin made a motion, seconded by Councilman Clark,
to approve Resolution 104, 1993, conflict of interest policy.
Resolution 104, 1993, was unanimously approved by the City
Council.
Resolution 105,1993 Councilwoman Furtado made a motion, seconded by Councilman
Jablin, to approve Resolution 105, 1993, requesting Palm
Beach County to consider the Military Task Force report and
recommend Option 1. Resolution 105, 1993, was unanimously
approved by the City Council.
aolution 106,1993 Resolution 106, 1993, appointing a member to the Police
CITY COUNCIL REGULAR MEETING, 9/2/93
PAGE 9
Retirement Trust Fund Board, was tabled until the 9/23/93
meeting of the City Council.
Resolution 107,1993 Councilman Clark made a motion, seconded by Councilman
Jablin, to approved Resolution 107, 1993, establishing a
policy as to the implementation of the Parkway System
required to be developed in the areas so designated in the
Palm Beach Gardens Comprehensive Plan. Resolution 107,
1993, was unanimously adopted by the City Council.
Resolution 108,1993 After discussion by the City Council, the following name
was inserted in the blank for Resolution 108, 1993,
appointing a regular member to the City's Planning &
Zoning Commission to fill the unexpired term of Domenick
Lioce: Diane M. Carlino. The City Council requested
another resolution be presented for their consideration
at the next meeting, on the consent agenda, appointing
William C Mignogna to the Planning & Zoning Commission
as an alternate to fill Diane M. Carlino's term.
Councilman Clark made a motion, seconded by Councilman
Jablin, to approved Resolution 108, 1993. Resolution
108, 1993, was unanimously approved by the City Council.
nnnTMA"f'.- .
Ordinance 16,1993 Per a unanimous vote of the City Council, the City Attorney
read, by title only, on first reading, Ordinance 16, 1993,
Levying a tax on real and personal property located within
the City of Palm Beach Gardens for year ending 12/31/93;
CITY COUNCIL REGULAR MEETING, 9/2/93
PAGE 10
affixing a total valuation thereon and tax rate thereon
for said year; adopting a fiscal budget for the fiscal
year beginning 10/1/93 and ending 9/30/94, inclusive;
appropriating funds for expenditures.
The first Public Hearing for the 1993/1994 Fiscal
Year Budget will be 9/7/93.
ITEMS FOR
DISCUSSION
Golf Course Budget The City Council expressed no concerns with the proposed
Golf Course Budget, however, requested the City Attorney
research the possible use of Visa /MasterCards.
Recreation
D- volving Fund
The City
Council expressed no concerns
with the proposed
Recreation Revolving Fund.
Fiber Optics Box
The City
Manager explained the request
for a utilities
easement
and placement of fiber optics
box at the
Municipal
Complex. The City Council expressed no concerns
with the
request and directed the City
Manager to proceed.
PGA Boulevard
Landscaping The City Manager stated that FP &L stated they were going
to put the underground electrical lines in at no charge to
the City, however, felt that there was a need for better
coordination. She will report back to the City
Council at a later date.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 9 :43 P.M.
CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 11
APPROVAL
Wdk �OSEPI R. RUSSO
VICE MAYOR LINDA MONROE
C016 ?tMAW-TiRf JABL
f
COUNCILWOMAN LAUREN FURTADO
COt7 F�CILMAN DAVID CLARK
ATTEST:
�;IV. KOSIER, CMC, CITY CLERK