HomeMy WebLinkAboutMinutes Council 092393CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 23, 1993
7:30 PM
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order at 7:30
PM by Mayor Russo 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, Vice Mayor Monroe, Councilman Jablin, Councilwoman
Furtado and Councilman Clark.
1993/1994
FISCAL YEAR
BUDGET Mayor Russo declared the Public Hearing open, which was
duly advertised 9/8/93 and 9/20/93 and held on the intent
of Ordinance 16, 1993, Levying a tax on real and personal
property located within the City of Palm Beach Gardens
for the year ending 12- 31 -94; 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.
City Manager Herakovich summarized that the percentage
increase over the roll -back rate necessary to fund the
1993/1994 fiscal year budget was 23.98 %. The specific
purposes of the tax increase included increases in the
Police Department of $667,000 of which $195,000 is from
the second year of a union contract; $357,000 was for
EMS; $50,000 in Public Works; and one position in Parks.
She also reported on cuts within various departments and
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 2
the deletion of street lighting which would be paid for
through the local option gas tax.
The Police Chief made a few comments on the increase to
the Police Department budget. He stated that the new
personnel he's requested, ten police officers and three
police aides, would cost $316,000 not the $700,000 as
reported by the media and approximately $264,000 that was
contractual pay increases as approved by the City Council
last year. The increase in police staffing was
determined by need (total number of complaints, age group
of those committing most of the crimes, total reported
crimes) not just by population and size of the
municipality, in order to maintain the City's quality of
life.
The Fire Chief gave a presentation on the EMS - how the
citizens are being covered today and where the emergency
units are now as opposed to where they were before. The
Fire Chief stated an EMS task force studied the problems
from all directions with community input and a new system
was implemented, through a bridge system, using Palm
Beach County Fire Rescue to provide advance support.
Along with that came an automatic aid agreement for fire
protection.
The Mayor thanked everyone for attending the meeting and
recapped the past work involved in putting the budget
before the citizens of Palm Beach Gardens and current
benefits and problems. He stated that, although the
millage was increasing 24 %, the budget was only
increasing 7 %. He stated the City had incurred a
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 3
Sam Carsillo
tremendous financial condition over the past few years
and in the 1980B experienced rapid growth. The City was
able to accumulate a large surplus of funds during that
growth period, and that surplus was given back to the
citizens as a credit on their taxes (to offset the
budget) so the tax rates would not increase as high as
they could. In the previous budget year, the City used
$2.5 million of surplus to operate the City. The City
would not experience similar growth again, so, it cannot
continue to use that amount of surplus funds. The Mayor
pointed out that the City still had the second lowest tax
rate in Palm Beach County. Mayor Russo thanked the
citizens for taking the time to attend the meeting, and
said it was necessary to improve communication and the
City Council wanted input at all times.
City resident Carsillo, of 10063 Dahlia Ave, requested
the Police Department and Fire Department budgets not be
cut.
Henny Schroth Ms. Schroth, of 19 Marlwood Lane, did not support the
budget increase.
Thomas Carney Mr. Carney said he worked in the city but did not live
within the City limits. He was retired from law
enforcement after 29 years and was currently Director of
Security at PGA. He supported the increase in the Police
Department.
Tom Halley Tom Halley, 120 Beaumont Lane, supported the Police
Department budget.
---Jim DeLonga Mr. DeLonga, 13 Glengary Rd, did not support the increase
and offered suggestions re: cutting the budget.
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 4
William C. Myers Mr. Myers, 1022 Shady Lakes Circle, spoke in favor of the
budget.
Reuben Fox Mr. Fox, living at PGA National, supported the budget and
wanted to go ahead.
Anna Gundlach Ms. Gundlach, 8749 Citation Drive, spoke in favor of the
budget increase, however, felt better communication was
needed so the City residents are better informed.
Berry Merman Mr. Merman, a City resident, addressed the City Council
voicing his support of the tax increase.
Eleanor Birdsall Ms. Birdsall of 10821 No. Military Trail spoke in favor
of the Police and Fire Department budgets. She
questioned the amount of taxes for the School Board.
David Haynes Mr. Haynes, 4108 PGA Blvd, spoke in favor of the budget
increase.
Mayor Russo There being no further comments from the public, Mayor
Russo declared the Public Hearing closed.
proposed budget.
George Murphy
Mr. Murphy, 13839 LeMans Way, supported the budget.
Mike Martino
Mr. Martino, of 320 Balsam Street, offered his services
to the City Council due to his past experience. He
offered into the record a budget he had prepared, based
on public information as provided by the City.
Linda Huey
Ms. Huey, a local resident, offered several ideas that
would possibly save tax dollars.
Denise Krulis
Ms. Krulis, of 5806 Golden Eagle Circle, Vice President
of Westwood Home Owners Association, spoke in favor of
the Police and EMS budgets.
Milton Stern
Mr. Stern, of 24 Cayman Place, supported the proposed
budget.
Reuben Fox Mr. Fox, living at PGA National, supported the budget and
wanted to go ahead.
Anna Gundlach Ms. Gundlach, 8749 Citation Drive, spoke in favor of the
budget increase, however, felt better communication was
needed so the City residents are better informed.
Berry Merman Mr. Merman, a City resident, addressed the City Council
voicing his support of the tax increase.
Eleanor Birdsall Ms. Birdsall of 10821 No. Military Trail spoke in favor
of the Police and Fire Department budgets. She
questioned the amount of taxes for the School Board.
David Haynes Mr. Haynes, 4108 PGA Blvd, spoke in favor of the budget
increase.
Mayor Russo There being no further comments from the public, Mayor
Russo declared the Public Hearing closed.
CITY COUNCIL REGULAR MEETING OF 9 -23 -93
5
Resolution 113, 1993
Councilman Jablin made a motion to approve Resolution
113, 1993. Seconded by Councilwoman Furtado. During
discussion, the City Manager recommended a decrease in
the millage rate to 4.117, or a savings of about $320,000
due to cuts, and additional fees expected, as proposed by
staff. After discussion, it was the consensus of the
City Council to remove the motion to approve Resolution
113, 1993. Councilman Jablin made the motion to withdraw
the motion. Seconded by Councilwoman Furtado. Passed
unanimously.
Councilwoman Furtado made a motion to approve Resolution
113, 1993, with the revised budget figures as recommended
by the City Manager, seconded by Councilman Clark and
passed four to one. Vice Mayor Monroe voted against the
u motion as she wanted an increase of less than 20 %.
Mayor Russo announced that all of the residents of the
City who sent him letters would receive a newsletter
explaining the finances of the City.
ORDINANCE 16, 1993
Per a consensus of the City Council, the City Clerk read
Ordinance 16, 1993, levying a tax on real and personal
property located within the City of Palm Beach Gardens
for the year ending 12- 31 -94; 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. Councilman Clark made a motion to approve
Ordinance 16, 1993, seconded by Council Jablin. The
motion passed four to one, with Vice Mayor Monroe voting
CITY COUNCIL REGULAR MEETING OF 9 -23 -93
against the motion for reasons previously mentioned.
6
RESOLUTION 114, 1993
Vice Mayor Monroe made a motion to approve Resolution
RESOLUTION 115, 1993
and
RESOLUTION 116, 1993
ITEMS BY THE
f'Tmv M1 WAO-VV
114, 1993, seconded by Councilman Clark. Mayor Russo
asked if the engineer's fee would remain the same as last
year. Because the rate could not be confirmed at this
meeting, it was the consensus of the City Council to
leave this item until the first meeting in October in
order to verify the answer.
After discussion, and input by the City Attorney, it was
the general consensus of the City Council to put off
deciding on Resolutions 115, 1993 and 116, 1993 until the
first meeting in October.
The City Manager stated that the staff worked very hard
on the Volunteer Program as being presented to the City
Council. The City Manager stated quite a few residents
have requested this type of program.
The City Manager stated the City has received 17 requests
for the RFP for the City Attorney position at this time.
City Manager Herakovich requested the City Attorney look
at those submittals when they are received.
City Manager Herakovich asked the City Council for
direction re: the initial cost of installation of the
street lights for PGA Blvd, now itemized at $12,738. The
cost covers poles from Military Trail to the Turnpike;
and an annual cost of $6,304 for light fixture rentals.
CITY COUNCIL REGULAR MEETING OF 9 -23 -93
7
The money would be taken from local option gas tax.
Still pending was who would maintain the medians and
parkway area, however, a meeting was planned for next
week with the developer and the different agencies
involved. It was the consensus of the City Council that
the City Manager proceed with this issue.
The City Manager discussed recommendations re: Human
Resource Director and Finance Director. Jim Waldron,
currently the Riviera Beach Human Resource Director, was
recommended by the City Manager to fill the position of
Human Resource Director. Although residents had hoped to
fill the Finance Director position with a local resident,
after review of the applications and appropriate
interviews, the City Manager recommended Kent Olson of
Palatine, Ill as most qualified for the position of
Finance Director. The Florida salary survey showed that
the Finance Director's average was over $68,017/yr; the
average salary for the Human Resource Director was
$60,685. After discussion, it was determined that the
City Manager would check with the City Attorney to
determine if the Finance and /or Human Resource Director
could be hired at more than the line -item salary amount
as indicated in the budget and, if not, then the Vice
Mayor Monroe felt the City couldn't accept the City
Manager's recommendation at the higher salary rates.
The City Manager advised that construction of Northlake
Blvd west of PGA National taking place at this time and
the City has the opportunity to tie into that contract
and have lights installed on the south side. There would
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 8
not be any capital outlay, only the monthly rental cost.
The City Attorney, after reviewing the approved budget,
stated that the City Council could give the City Manager
the power to negotiate salaries up to a certain amount;
the money has already been appropriated; and it would be
up to her to determine if it is sufficient.
Mayor Russo, in order to keep the Public from having to
wait longer before hearing their input, suggested the
agenda be adjusted and Comments from the Public be next.
COMMENTS FROM
Mrs. Eleanor Birdsall, 10821 No. Military Trail,
requested information re: water study. Mayor Russo
stated that Councilman Jablin has been working with a
committee on this and a new committee would be put
together shortly to work with the City. Councilman
Jablin asked Mrs. Birdsall to consider being a member of
that committee, with the first meeting taking place in
the next week to ten days. Councilman Jablin also stated
that, with all the scientific data he has seen, it led
him to believe the water is not tainted, but felt it
necessary to continue to look into the situation of the
landfill at BallenIsles because the rumor had taken on
the aura of fact and a lot of people were concerned.
Mrs. Birdsall also discussed the problems with students
at the school. She also asked for confirmation that the
City really has police on bicycles, especially by
Tanglewood Apartments to talk to the kids to develop a
good rapport.
ITEMS BY THE MAYOR
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 9
AND CITY COUNCIL
Vice Mayor Monroe Vice Mayor Monroe reported there was an opportunity
recently to prevent an adult - entertainment establishment
from locating on Military Trail just north of Northlake
Blvd. She is still waiting for a response to the court
hearing but expects it to be won.
The Vice Mayor reported that those in the Planning Forum
approved a steering committee to meet and talk about
representation, go back to the governmental entities to
get their approval and work on consensus building.
Councilman Clark thanked Vice Mayor Monroe for all the
work she put into the Planning Forum as she had started
it, saw it through and had done a great job.
Vice Mayor Monroe requested the City Attorney look at the
"noise" Ordinance in terms of the 25' stating she had a
call from someone living in a quadruplex and wondered how
to protect people separated by common walls from the
neighbor with the noise. The City Attorney said he
thought that 25' would not stand up in today's
enforcement of law. At one time, a model ordinance had
been proposed to the City Council, but was not passed,
however, the City Attorney stated he would look up the
old paperwork and provide it to the City Council. Vice
Mayor Monroe asked the City Manager to check with the
Police Department to determine whether they had noise
meters.
MAYOR RUSSO Mayor Russo reported the University Task Force was
unanimous in their selection of the Donald Ross site.
The Mayor set up a meeting of a proposed North County
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 10
Economic Council which will meet to discuss North County
economic development and what can be done to locate
quality businesses to the North County area.
Mayor Russo stated he was not in attendance at the City
Council Meeting when they reviewed the BallenIsles
Sidewalk Committee request and asked what had happened.
The City Manager advised that the City codes require
sidewalks and the builder had been advised in writing.
Mayor Russo asked that the association also be advised.
CONSENT AGENDA Vice Mayor Monroe made a motion, seconded by Councilman
Clark, to approve the following items on the Consent
Agenda after pulling item #10:
1. Approval of Minutes of 9 -2 -93 Regular Meeting.
2. Approval of Minutes of 9 -7 -93 Budget Hearing.
3. Approval of Minutes of 9 -9 -93 Workshop Meeting.
4. Approval of Minutes of 9 -16 -93 Regular Meeting.
5. Proclaiming September 17 -23, 1993 as "Constitution
Week ".
6. Proclaiming October 3 -9, 1993 as "Florida City
Government Week ".
7. Resolution 109, 1993 - Approval of refund to
MacArthur Foundation for past taxes because of
over - appraised properties.
8. Resolution 110, 1993 - Appointing an alternate
member to the Planning and Zoning Commission.
9. Resolution 111, 1993 - Authorization to execute
amended MPO Interlocal Agreement.
The motion was unanimously approved. Mayor Russo stated
that Item 10, which was dropped from the consent agenda,
would be done under "Resolutions ".
PUBLIC HEARINGS
Ordinance 12, 1993 Mayor Russo declared the Public Hearing open which was
duly advertised September 8, 1993, and held on the intent
of Ordinance 12, 1993, amendment to Art in Public Places.
There being no comments from the public Mayor Russo
declared the Public Hearing Closed. Per a consensus of
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 11
the City Council, the City Clerk read, by title only, on
Ordinance 14, 1993
RESOLUTIONS
Resolution 106, 1993
Resolution 112, 1993
second and final reading Ordinance 12, 1993. A question
arose re: an independent appraiser being "on retainer ".
After discussion, it was the consensus of the City
Council to amend Ordinance 12, 1993 deleting sub-
paragraph "G.", to delete the words "on retainer with the
City, ". Vice Mayor Monroe made a motion to approve
Ordinance 12, 1993 as amended, seconded by Councilwoman
Furtado, and the motion was unanimously carried.
The Mayor declared the Public Hearing open which was duly
advertised August 28, 1993 and September 1, 1993 and held
on the intent of Ordinance 14, 1993, relating to the use
and development of land regarding public safety impact
fees. The being no comments from the Public, Mayor Russo
declared the Public Hearing closed. Per a consensus of
the City Council, the City Clerk read Ordinance 14, 1993,
by title only, on second and final reading. Councilwoman
Furtado made a motion, seconded by Councilman Jablin, to
approve Ordinance 14, 1993. The motion was approved
unanimously.
Councilwoman Furtado made a motion to approve Resolution
106, 1993, adding the name Tony Beryl in blank, seconded
by Councilman Clark. The motion passed unanimously.
City Manager Herakovich advised that the Tennis Pro
contract called for a $500 increase in the annual salary.
CITY COUNCIL REGULAR MEETING OF 9 -23 -93 12
This was the only change to the contract. Vice Mayor
Monroe made a motion, seconded by Councilman Clark, to
approve Resolution 112, 1993. The motion was approved
unanimously.
Resolution 117. 1993
After discussion, it was the consensus of the City
Council to table action on this Resolution until the next
meeting.
Resolution 118. 1993
Councilman Clark made a motion to approve Resolution 118,
1993 and insert the name "Bruce Brown" in the blank;
seconded by Vice Mayor Monroe. The motion was approved
unanimously.
Resolution 119. 1993
Councilman Jablin reported that he had spoken to most of
the members of the Landfill Committee and it was his
understanding they had all resigned with the exception of
Roger Lambert and Frank Gillette, because they were
afraid of being sued. Vice Mayor Monroe asked if there
was insurance protection for committee members. The City
Attorney responded that it was his understanding the
current insurance coverage does cover those appointed to
committees, except for direct acts of negligence etc,
which are not covered. The City Attorney recommended
that since the City Council did not have all the
resignations from those committee members, the Council
remove those members forthwith except for the two who
volunteered to stay. Councilwoman Furtado made a motion
to remove all the members from the Landfill Committee
CITY COUNCIL REGULAR MEETING OF 9 -23 -93
13
with the exception of Frank Gillette and Roger Lambert,
seconded by Vice Mayor Monroe. The motion was
unanimously approved.
Councilman Jablin provided the City Council with a list
of names he recommended for the Committee: Alan Adams,
Bill Beville, Caroline Hollander, Vicki Lehr, and Mrs.
Eleanor Birdsall. Vice Mayor Monroe made a motion,
seconded by Councilman Clark, to approve Resolution 119,
1993 with the names inserted as indicated by Councilman
Jablin. The motion was unanimously approved.
ADJOURNMENT There being no further business to discuss, the meeting
Pdjourned at 11:15 PM.
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APPROVAL
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MAYOR. j S COVN1:I�f
,VICE MAYOR MONROE COUNjC9j-1,WOM.AN FURTADO
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LrOURCILMAN CLARK
��IINPII V. KOSIER,` CMC, CITY CLERK