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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. �a APPROVAL ;r 7 g MAYOR. j S COVN1:I�f ,VICE MAYOR MONROE COUNjC9j-1,WOM.AN FURTADO '� ` LrOURCILMAN CLARK ��IINPII V. KOSIER,` CMC, CITY CLERK