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HomeMy WebLinkAboutMinutes Council 101581CITY COUNCIL REGULAR MEETING Is CITY Or 'Ar ^l BEACtI GARDENS C[_ OSEP 1,, 1931 he regular Meeting of the City Council of Palm Beach Cardens was called to order by M,-iyor hiedis at 3:00 P.M. in the Assembly Room, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. POLL Cr -LL: The roll was called by the City Clerk acrd present were: Mayor K3edis, Vace mayor I•Iartino, Councilman, Aldred, Councilwoman Monroe, and CDuncil-mau K13elewski. City t°',auager John Orr and Attorney William Brant were also in attendance. 1•;l u'IE;: The minutes of the Regular Mecting of September 17, 19c1 were unanimously .�icproved ry thn :'panels, as written. Tne minutes of the 'vlorlshop Meeting of Septemoer 24, 19; were unanimously approved by the Ccunc,l, a3 written. ti v;JOui.CE`i 1 TS: Mayor Kiedis announced that a meeting of the gate Plan and Appearance Cc,- -rlittee will take n a, -f, on Tu-'sday, October 20, 1981 at 7:30 P.M.. iT 'ia `,Y T:?E ^I T1 ;:A 1P. ER: C , :iPI "CY P.CT1V- The mecrieers of the Coined unarnuncusjy concurred with the recommenaation — of tl -•e G1ty Manager that in ac _croain,�e t-:i to Lh September 3, 19 '0 a urun:cati n of Mr. "Dill Finley, Pre :svdernt of 13.inkerr- Lana Company, the City compFLnsare the law .firm of GUnSt2.r, Yoarley, Criser, & Stewart for the iegai rvice; tn y rendered in connection with the loa:� the City received from Bankers Life L Casualty Company 'or the Community Activitre, Ru:laLrng - thts 164,602.35 payment to be taken from the proceeds of t';re ivan. E P L, C E U' Tr.e t; -ty ,1&naaer rep -,rtec t�,at $;402.0+7 has been received from '-I-:c o L�rnp any as settlement for the City police car that was recently tot,lled Ln a traffic accident; and that the Chief of Vehicular 1 ,,aLnterance is scoutinE, the area for a used police car, which may have to ce s'-rnnle- men`�d by ?ndit_onal money from the Council Conringencv Account. The .wrecked car is at to Public lvorks yard, being users for parts. :- lart:no reported cn the meeting he attended of the Planning 1C a.Y c i',- and Lon!r.s Ccr_, ss nn on CC, 2,ober 13, 19,: City Council Regular Meeting, !0/15/81 1T-'.ti;S BY THE, i!AYOR AND COUNCTL: Page 2 VICE i1AYON Vice [tayor Nartico reported that %jr. Frank Brutt, Dir-ctor of tine Area NeattiI' C Pl,�nnine, 2'o -rd , nG n,em rr' r,.f tt e City's Planning R, Zoning CurrulS5iOn, advised him the Area Planning :oard, because of budgetary constraints ;.laud on the^, m:ay be _�rcvic:i: j planning services on a contractural t }asiJ. Vice Eavor Martine reported on the meeting of the Meridian Park Home - e. ^..ens' Assoc ation he attendee on October 12, 1981. V-Lce 'Mayor Martino requested that the City Manager and Police Chief assist the Sabatello Construction Company in resolving the problem they are having with vehicles being parked in the rights -of -way of Central E levard, which they are improving for access to their Shady Lakes cu protect. CC C, IL: [] ;ouncilman Ki selewski requested the City Nanaoer to notify Bankers Land ,:or:cany the r•.iC;ns they have displayed tt, 1 g: ;out the City advert-,sing ";steeplechase" being in nor -- compliance with the City's Stgn Code. THE PUBLIC FO, -E,, J ;bOT ON THE AGENDA: [!ember;: of the aizdicnc�_- addressed the Council requesting ( 1 ) the Police Department be mcrc c ,Dnscientious of trucks transporting non - secured items, are, ci ildren oi-_ycla:ng cn the wrorig. side of the City's roaaways; and i2) 1:e rublic t ;orks Department resume the trinning of the Cabbage Palms tr. ti.e City', road right;.- of -w:ny. l:: response to a member of the audience, the �:ity Manager advised the City is currently conduct2ng a thoroagn study on the monetary advantages/ disadvantage.-, of' joining the dual taxation suit other munic,palit;es :save pending against the County. ORDI,,A:C '' ['.a or Kiedis declared tree Public Hearing open, which was duty advertised - -_ �e�tem-,er 30, 10,8 i ar,p October 12, !951 , and held on the intent of I'rdimnce 19, 1981, p rovs_ding for the adoption of the City's Budget for tre 19;1/i952 Fiscal Year. (Fur-cuant to the requirements of the "TRIM, a duly advertised Public dearth, was held at the Regular f9eeting of 0_r,3ber I, X981 fcr the pur,)use of receivtnF public input re: the rud3et /l.87 :pillage rate proposer, at that time for Vne, 19Hi/1 ;22 fiscal year.) City Council Regular IMeeting. 10/15/81 Page 3 The members of the audLence were provided information sheets, outlining several, coDparisons, tr,cluding: (1) the tentative millage rate included Aft on the no-,ices taxpay,�!-,s receive,: from the property appra,seP (4.767 mills) with th millage rate currently proposed (3.606 mills) ; (2) the "roll ^ack" rate (3.390 mill,:) ,j to this new proposed millage rate that provides for a 6.4ry increase in revs -nue from property taxes; and (3) the actual budget for last year (1930/1931) critn the proposed budget for this year (1931 /1982). Referencing these anc _ nformation of Lhe like outlined, in brief form, on poster boards, the City ManaCer reviewed the budget proposed for the igai 11862 fiscal year, highlighting those mo- 'ificaticns made at the Special workshop fleeting of October 6, 1981. Subsequent to the City [tanager and memoers of the Council clarifying certain, areas of interest /concern to members of the audience re: the proposed budget /millage rate, Mayor Kiedi: aeclared tl!e Publzc Hearing closed. Peferencirg the discussions at the Cp coal orkchop Meeting of October 6, 1981, Councilman Alcred reported r_r?at, per hi, resn arch, the City could acq'u7re the fire ro,Tper requL ; ,ed }?y t11E' Fir'_ D;:part:r,ent wit. ^,Cut purchasing Ask it Ou ri!;:nt o, orl ,, itin,; fut.urt� Ccunc' -1 _ . This could 'oe accomplished ent-rirrS ir:`o an open --eno Lurch3se aFr�,ement -w Lth a sub:�idiary of a 'nk tha', would chase. the i „rper and leas• t to the City. Noting t' t'. -rnu th, foc` tF!'t thF2 approx_ sir. mort',",L, -iL �, ll take for the cczt Lcations f :. trie ::�umoer to on prepared will provide for a lesser cost tF; s fiscal ;ear th,,r; tie �,50,000 oudgeterl, Councilman Aldred 3u7ge_te 1, and unri hao ^a r, :,lonroe corn:urred, that .shies be tran:,ferred tr,rr reral Gwernrn ^ntal _'ap_Ltal Outlay account to Provide for the ncl_ iun ,,)f the poliUe Jepartment di patc:ier deleted at the October 6, d1 .'r)ec L.,l Worksriop i,leeti3g; arld greater increases in the salaries of the Pn' -_ _ce and Fire Chiefs. "ne ^her, of the Ccuncil unanimously concurred that the Fire Department proceed witl= des ;gain; the fire pumper requested. In the meantime, the oucil .rill decide nether to er_ter inr,o a leasing irrangcment o n '.; r pur- ce it utrigi,t Li:tl: *,l,_ runts tudZeted in the general Governm_nt Ju._ay accc,;n',,. �,�r1, equenL t0 drlioerat.ons, Councilman Aldred si;td Cuunciln:;n Kiselews'r,! With 'C"C' t`,ouchts cf M•ayor Kiedis and Vice ;aye' Martino that t e 3djz' to a1 dispatch, r for th,3 Police Departme ,t t,- gLvc,! furz. ,•<r con- sideration at a later date -- perhaps daring the rmid -year budget revision discussions or sooner. Counc- ilwoman Monroe was in favor, as a minimum, City Council Regular Meeting, 10/15/81 Page 4 of including this position rn the budget at this time - to start mid- -year, in the event it was deterri ned the position was riot justified at that ` tine, it could be .eletedirc�rxain unfill;z�d. Mayor Kied -Ls, Vice 1,1c.,yor Martino, and Counc.lman Kiselewski were not In fa or, at thi-, time, of bud;eting greater monies than already proposed ,"'or the salarlt.,s of the Police and Fire Chiefs. 3y a unar „i"mous vote of the Council, the City Clerk read, in full, the October 13, 1951 draft of Ordinance 19, 1951. Ordinance 1c, 1921 was Unanimously adopted by the Council with the millage rate of "3.606'1 an :ert ?d in the si,ead of "3.�77 in the heading paragraph and in Section 1; and the a'rnount of ";;.4” percent that this revised leillage rate exceeds the "r011ea -back' rate insertcJ iI1 the stead of the former amount of "14.4" Per�„F'nt in tl'lc second 1�TIE ZAI-. paragraph. ,,F tr_, briefly recessed. i a un3nl�,GU 'J; to oI the Council, thE � 1 Clerk read, by title only, t -- fir--. .eaai; Ordinance 26, 1,+11, rY alating the clearing and grubbing u: _.ces,, of one _ witnin the City. A Public Hearing and the =c, si, erition cf ado tion of rdin,r ce 26, 19 will take place at tr.e : e ulrir rice inb of t1 = CC':CUrr ^C` of tt.4 ovrcil, the City Cler-K read, in fall, -,j, 11Y1 [,F.'y717}' a t-,x of '.6[16 mill; on non—exempt real. and F: .erty altr,in the 'it, esalutior! ;�, ta2i was 'era :imeusly :tdor;te-i by the Lour _L ay the ccncurrerc of the Cc,uncil, the Caty Clerk read, in full, 1 c_i F;esulut!oll S-=, 19?1, re.;=pointcnc various department ! ?cads, assistant department heads, and officers of the ,Ctty. PeSolution 54, 19,51 was unanirnct ,ly auopta 1 t y t;r, rcuncil. _ ' =, ti:c. C'J.,CI'., rr -nie CF' t�':e E'rk raad, in full, 1 - olut ton F, 11F i, c_ c t i C rcr_asio re annual sa_ar; of the City Hzinager. was unai'imously adopted by tr -'e Council. ULt_7_ • i1.+ lis .uLl 1C ":,: 3 rind �['r, .;i1 iU_ y 3C:iJe1 "'t17NG 21, I'� i, anal held o'; .:Ile intent Gi ; :eSOlut]- 7', i i, rier- m; a CC -' - General Cor�bcrcial "cor:diticr.:al us `he retail sale at '`nary say's Liquors ", rropo,�ed to be located ,t 2 4 ..,r, Loulevard. ,enters o` the - and -"enc: dia not address the Council re: the intent of this Fesolution. „ayor Kiedis declared the Public Hearing closed. City Council Regular Meeting, 10/15/81 Page 5 By the concurrence of the Council, the City Clerk read, in full, Resolution 57, 1981, Resolution 5'7, 1981 was unanimously adopted by Am the Council. RESOLUTION 58, Mayor Kiedis declared the Public Hearing open, which was duly advertised 19L1 September 29, 1981, and held on the intent of Resolution 58, 1981, granting a variance to Section 3 -30, Article II, of Chapter 3, PBG Code, to enable ,che ret,all sale of alcoholic beverages at "Mary Jay's Liquors ", proposed to be located closer than the required 750' to other a coholic t'ev�Y'3�i C' vendors. ,- iembers of the aud)ence dlu not address the Council re: the intent of t,-,L-z Resolution. Mayor Kiedis declared the r'ublic Hearing closed. y the concurrence of the Council, the City Clerk read, in full Resolution 58, igL'I. kesolution 5�, 19.71 wat; unanimously adopted by the Council. P.ESOLU'iiCiv 3. by the = oncurrer ?ce of the Council, the ., `le 'r. read, in full, resolution 59, 1931, granting as a "temporary conditional use" permission f'or Gardens Baptist Church, 11980 Alternate r, -1 -A, PBG, to use two mobile buildic:g: at tntir locale for classroor acz2-vitie2. Resollatlon 59, 1981 the Council. was unanimously adopted by ftESOLICTION 60z �• r Council, the City Clerk read, in full, y the concurrence of the d Resolution 60, 1981, reappointing Edwin E. XcConkey, John Caporzni, and Rill ;iarkham, anal anoolnting Sue Arcner, Tom Easter; and Fred „c;�iller to the Clt; THE BANKERS LAND COMPANY 4176 BURNS ROAD. PALM BEACH GARDENS, FLORIDA 33410 (30S) 626.4800 LOUIS I. TiMCHAK, IR we Pm �deni d CrIwal counsel October 9, 1981 c` e Mr. John L. Orr City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear John_ Y am pleased that we were able to Successfu"y conclude the loan from Bankers Life and Casualty Company to the City of Palm Beach Gardens for the new community center. As you know, Gunster, Yoakley did the necessary legal work for us on this matter and in accordant.;! with Bill's ap letter to you of September 3, 1980, 1 am 'orwarding herewith their bill for their legal services in connection with this loan. t think it would be appropriate if this was paid directly. Should there be any questions, please call me or Pete Van Andel. Sincerely, LJT:vc Enclosures cc: William E. Finley 11 THE BANKERS i_AND COMPANY 4176 BURNS ROAD PALM BEACH GARDENS. FLORIDA 33410 (305) 626.4800 W rLL1AM E. FINLEy ' f4e,:dent Septem;,,r 3, r 1980 Mr. John L. Orr City Manager City of Palm Beach Gardens 10500 N- Military Frail Palm Beach Wardens, Fl. 33410 Dear Mr. Orr: In response to your letter of September 3, 19£30 .r ^q,-iesting that Bankers Life & Casualty Company or one of ;L,E, subsi.di.aries provide mortgage funds for the construction of the community center, please let me say that the company agrees to such a commitment. We understand the amount Viwll be $1,559,096.00 at an interest rate of 73�s over a 15 year perio and be backed by the full faith and credit of the city L-hrou fit a general obligation approved by the voters_ we would require you to provide a legal opinion from appropriate counsel that the mortgage payments will be tax exempt. Because this loan is substantially below market ,rate we % vould expect the city to pay all legal and other fees attendant to this transaction. You should be aware of the fact that an insurance company, under normal, circumstances, is r_ecluized t.o pay taxes on what would otherwise be a tax exempt security. However, because of our role in the community we feel a special kinship for the people and want to assist the city a_n every way to reduce the costs of this transaction.. We look for�,rard to many years of clo- operation toward building a better community. v7y r` 3+ ours, Z!o ANk F- S LAND COMPANY William B. Fin WEF:mr cc - F. i1. Higdon AS. ParpF-r %r ,y IN ACCOUNT WITH GUNSTER, YOAKLEY, CRISER & STEWART PROOESSIONAL ASSOCIATION ATTORNEYS AT LAW FIRST NATIONAL BANK BUILDING PAIA4 BEACH, FLORRIA 53480 306594.033 PAGE 09/25/81 09/01/61 rPREPe -sE C0RK*SvC[%DE:lCE TO & CEL� —,Ai , 002)_ 3 PREPARE CGRRPSPON'GENCE TO OKR a ERANT (hNM 0.'c), 0.4 tii4' i 16.1 P A 4.9 DWi. 0.2 J +'i 295 RDH 0.2 X125 :1150 X135 X115 X135 A CU;'.iT CF FEE 39089000 CLIEP'T COST aDVt',,,CED 07/14/E1 DELIVERY /L.CA-d DOCS. TG ?RAwT 7.00 FCR CGi ! nlPw/ DELIVERY SE ,% ICE. n /05,51 #41S86 ISSUED TO FURr,LATOR SKY COURIER 14.74 FOR COURIER/DELIVERY SERVICE, 07/2€x/31 DELIVERY 25000 FOR COURIER /DELIVERY SERVICE 07/26/81 DELIVERY 1Ei00 FOR CnUPTER /DELIVERY SERVICE OAA,5 /E1 COURIER SERVICE 5.0U FOR COURIER /DELIV,ERY SERVICE r-�/25/51 TELEPI;^rdcs POSTAGEt PKTOCORY 52:67 TOTAL CC5TS 154.41 ------------- ' T; L r _rzr .Ts F7P -;':IS ?ILLI F 3�c4".41 PAST -DUE BPS.At3r E (7/31/81) `IC"Ai 'AL AYMNT NOW DUE. 4,602.35 pllm W fCe CITY OF PALM BEACH GARDENS a 90500 N MIL9TgRV TRAIL PALM BEACH GARDENS, FLORIDA 33410 622 -1200 p= Octuber 13, 1981 John L. Orr City Manager In recent discussions in the city the need of a new fire department pumper has been questioned. The Master Growth Plan of the Fire Department should be sufficient just- ification for the purchase, however we shall once again use the Insur- ance Services Grading Schedule for assistance. The Basic Fire Flow (the amount of water the fire department must be able to pump during normal operations) is 3500 gallons per minute under the suppression oriented grading schedule. When the basic flow is 3500 gpm then 3 engine companies are needed. Present pumpers are; 621 Capacity 750 gpm 15 years old 6212 Capacity 750 gpm 13 years old 623 " 1000 gpm 6 years old We have two reseri-e pumpers 27 and 28 years old. Certain building in the city require more than 3500 gpm due to their size and occupancy. The age and condition of apparatus plays important parts of service life. In the ISO grading schedule commentary it states 'In general a charge for obsolescence should be consl.dered for apparatus 15 years or older.' The last survey by ISO rated 621 and 622 Fair. ISO states that their grading schedule i3 not intended to serve as a primary planning guide for municipal officials however if we are to he graded by them we may as well play by their rules. I believe that the growth plan submitted takes into consideration our city needs and resources ns well as the criteria by which we are ,judged. To achieve the basic fire flow with equipment less than 15 years old I would hope that we fol'ow this plan; B1 -82 A) Purchase a 1000 gallon per minute pumper R1 -82 B) Place 621 in reserve status with limited duties and assignments 82-83 C) Purchase an aerial truck with the capability of puriping 1000 gpm. (ISO give -k crsdit for a capacity pump on an aerial) 83 -84 D) Purchase a_ ;.000 gallon per minute puriner F) Place 622 in reserve status with limited duties and assignments