HomeMy WebLinkAboutMinutes Council 071780CIrY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 17, 1980
The Regular Meeting of the City Council Uf Palm Beach Gardens was called
to order by Mayor Click Feeney at 8:00 P.M. in the Assembly Room, 10500
North Military Trail, Palm Beach Gardens, Florida; and opened with the
Pledge of Allegiance to the Flag.
ROLL CALL: the roll was called by the City Clerk and present were: Mayor Fe -ney,
(lice Mayor Aldred, Councilman Kiedis, and Counciluornan Monroe. Attorney
William Brant was also in attendance. Councilman Laurie was not in atten-
dance due to a personal commitment: City Manager John Orr was not in
attendance due to a death in his family.
MINUTES: The minutes of the Regular Meeting of July 3, 1580, were unanimously
approved by the Council, as written.
ANNOUNCEMENTS: Mayor Feeney announced that a meeting of the City's Planning and Zoning.
Commission will convene at 7:30 P.M. .1 Tuesday, July 22, 1980.
LEGISLATIVE UPDATE FOR _1980 - STATE REPRESENTATIVE WILLIAM G. "DOC" MYERS �
State Rcpiesenative William G. "Dec" flyers brought the Council up- to -dat
on some of the bills the legislative delegation passed during their
Regular and Special Sessions this year, including the "TRIM" Bill relating
to the levv of property taxes.
The "TRIM" bill was passed in an effort to make properly evaluations
across the state an average of 87. of market values. This would provide
equal funding for state projects, such as public schools.
In order to prevenL local governments from getting a tax windfall when the
property assessments are increa,ed, they placed a cap on the revenues to
be generated from ad valorem taxes, which is 108% of last year's amount.
This cap could be exceeded by a vote o' the majority of the governing
body, plus at least one.
Excluded from the 100% cap would be: N) any new construction; (2) any
capital outlay mandated by the courts; and (3) programs the State or
Federal Government mandated by special or general law, which required
local governments to spend money this year.
The balance of the amount a local government dad not use under the 10516
® cap last Year can be added on this year. Also, if in the fiscal years of
1977/78 and 1978/79 a local government had millage rates less than the
certified, the difference can be added on.
In an attempt to make up for some of the revenue lost, they lifted the
City Council Regular Meeting, 7/17/80
Page 2
freeze on occupational license taxes, which has been in effect since 1971.
Occupational taxes that are now from $0 - $100, $100 - $300, and $300+
can be increased by 100 %, 50 %, and 25 %, respectively.
In addition to the foregoing, the legislature passed a proposed constitu-
tional amendment to increase the Homestead Exemption on city and county
property taxes from $5,000 to $15,000 it 198U; 120,000 in 1981, and
$25,000 in 1962, which will be on the October 7th Second Primary Ballot.
However, if a County property appraiser fails to provide the Department of
Rovenue a roll that meets their criteria of 100%, minus 13%, evaluations,
it would cause any passage of the ar�iendmert by that County's electorate
to not go into effect.
IF the property appraisers of the State of Florida succeed, by petition,
in placing a constitutional amendment they proposed on the November 4,
1980 ballot, its passage would take precedence over the homestead
exemption question. Thia proposal is for all properties in the state to
be appraised at 65% of their market value with a "tight" 105% cap an the
revenueo generaLeO by ad valorem taxes, excluding new construction.
During the Special Session, the Legislature amended the "TRIG" bill to
permit Interim Assessment Ro11s to be utilized if a property appraiser has
been granted an extension of time for the completion of asse.,sment of 311
property beyond September 1 or has not ceitified the value by August 1. If
the appraiser does not meet these two deadlines, taxing authorities have
the right to receive authority from Circuit Court to use the Interim Roll
on or after 3uly let. OR, cities and counties can re -adopt their previous
year's budget and expend monies based on that budget if the beginning of
the fiscal year has passed prior to the passage of its tentative budget.
P,epresenative flyers suggested that the City proceed with the extensions
granted, try to work its budget on last years or request an interim roll
thru the circuit court 0 a roll is nut received in time; and then, after
the election in October and possibly in Novembei, the City cdn send out a
supplemental tax bill advising the property owners of the amount they owe
the City or the amount that will be refunded to them. if the amount is
less thin $10, it will be added to /deleted from next year's bill.
Represenative Myers briefly reviewed several other constitutional amend-
ments that will be placed on the October and November ballots and Bills
® that became effective on or before July 1, 1980, including those re; Local
Government Bonds; Double Taxation; Code Enforcement Boards; Police Stan-
dards; State Retirement Systems; Energy Conservation; Comprehensive Land
Use Plans; and the Transfer of functions between cities and counties.
City Council Regular Meeting, 7/17/$0
Page 3
COMMENTS FROM
THE P013LIC' FOR ITEMS NOT ON THE AGENDA:
On behalf of the citizenry, Mayor Feeney expressed sympathv for the
City Manager's loss of his mother, Ms. Etta Mae Orr, and the loss of
Lake Park Commissioner Harald Radford.
MR. SOR
Mr. Bob Yeager, President of the Plat #4 Homeowners Association, addressed
MEAGER
the Council requesting the City's assistance in having the owners maintain
their vacant lots in the single - family subdivision. The -ouncil requested
that the Public Works Department resolve this problem with vacant parcels
in the City.
fIRS. SUE
14rs. Sue Archer. 10130 Dahlia Avenue, PEG, addressed the Council refer-
ARCHER
oncing a communication she received from the City Manager re: her con-
duct3ng swimming lessons at her home. Mrs. Archer was authorized to
continue the class--p she described as a maximum o� two students at any
given time until th.s matter is discussed with the City Manager. The
Council may consiaer revising the Cit, , Lode to allow this type of home
occupation with /vithout provisos in the future.
MR. GEORGE
Mr. George Carter. Lighthouse Drive, PGG, addressed the Council requesting
CARTER
that the cocoanut palm trees that have died from iL i al yeJlowing on the
southeast corner of Riverside and Holly Drives and the northeast corner
of Lighthouse and dolly Drives be removed by the Cit\,. The PU'Dlac
Uorks Department will be requested Lo include thi•, on their list of
pr for i+- i e.,.
RESOLUTION'S: fiayor Feeney acknowledged receipt 3f communications from: (1) the
RESOLUTION 40, Planning and Zoning Commission advising that at their meeting of June 24,
1980 1980, they adopted a motion recommending to the Council the granting of
thr_ re:fuost of th,, PGA Nat oral for the creation, /adoption of the 150.514 -
acre single - family "Harlwood" Plat (Plat #4) on lands west of Ryder Cup
Houlc•,ard, north of the "N-45" tract on the Master Plan for the PGA
\,iLicnal PCD and (2) the City Engineer recommending favorable consideratic
of U-e engineerin aspects witn the applicant's acknowledgement that if
the changes Lhe Northern Palm Beach County Water Control District require
in the record plat result in a material difference to the City, it would
result in the City's reconsideration of approval of the plat.
By a unanimous vote of the Council, the City Clerk read = full Resolution
40, 1900 with the sum of $794,233.01 inserted in the blank of Section 2.
Resolution 40, 1990 Was unanimously adopted by the Council.
City Council Regular Meeting, 7/17/80
page 4
RESOLUTION 41, By a unanimous vote of the Council, the City Clerk read in full Resolution
AWA 1980
41, 1980, requesting the Department of Community Affairs to include the
Citv -,n their local government personnel assistance program. Resolution
41, 1980 ras unanimously adopted by the Council.
RESOLUTION 42,
By a unanimous vote of the Council. the City Clerk read in full Resolution
1980 �
42, 1980. opposing the U S. treasury Department's proposal to the Congress
that a tax withholding plan be imposed on savings accoun +s. Resolution 42,
1980 was unanimously adopted by the Council.
RCSOLUTTON 43,
Mayor Feeney acknowledged receipt of a memo of this date from the City
1980
Manager recommendinq that effective August 4, 1980, Mr. Ed Himmelsbach
become the City's Chief of Police with the appointment and salary of
$20,500 subject to review within 90 days.
By a unanimous vote of the Council, the City Clerk read in full
Resolution 43, 1980, with "Edward Himmelsbach ", "20,500, "and "August 4,"
inserted in the blanks of Sections 1, 3. and 5, respectively. Resolution
43. 1980 was unanimously adopted by the Council.
RESOLUTION 44,
Mayor Feeney acknowledged receipt of a memo of this date from the City
1980
Manager recommending that effective August 4, 1980, Mr. Douglas Hood
become the City's Recieation DirerLor with the appointment and salary of
$15,700 subject to review within 90 days.
By a unanimous vote of the Council. the City Clerk read in full
Resolution 4E, 1980. with " Douglas Hood ", "$15,700 ", and "AUOUSt 4, 1980"
inserted in the blanks of Sections 1, 2, and 4, respectively. Resolution
44, 1980 was unanimously adopted by the Council. ,
RESOLUTION 45,
The Council deferred their consideration of Resolutions 45 and 46, 1980,
1980
appointing members to the City's Planning and Zoning Commission and Site
RESf3LUTION_46,-
Plan and Appearance Roviem Committee, respectively, until a future meeting
19tiU
unen a full COLIPCll is in attendance and they can receive the input of
the City Manager.
In the near future, the Council will consider establishing a policy/
nmmidinq Lho City's rode sett.inq forth a rotation system for appointments
to the City's various advisory boards (i.e., the maximum length of time a
member may serve).
ORDINANCES:
Mayor Feeney declared the Public Hearing open, which was duly advertised
ORDINANCE 9,
June 17, 1980, recessed at the Regular Meeting of July 3, 1980, and held
1
on the intent of Ordinance 9, 1980, providing for the creation of a PUD
with CPO - Commercial Professional Office usage on a 11.818 -acre parcel
located contiguous to the north of the Oakbr ^ok Square Shopping Center.
City Council Regular Meeting, 7/17/80 Page
The City Clerk relayed the request of Attorney George Ord, authorized
agent, for the Council to postpone judgment on their petition until a
date uncertain, enabling them to satisfy the deficiencies in their
application, specifically the engineering aspects.
Members of the audience did not address the Council re: this POD request.
Mayor Feeney declared the Public Hearing closed.
By a unanimous vote of the Council, their consideration of adoption of
Ordinance, 9, 1980 was tablud. If /When the petitioner satisfies the
requirements of the City's Code and any other applicable regulatory
agencies, the City will resume processing their application at the stage
of an advertised Public Hearing.
ORDINANCE 11, Mayor Feeney declared the Public Hearing open, which was duly advertised
T7- June 25, 1980, and held on the intent of Ordinance 11, 1980, amending
Ordinance 11, 1979, the City's Budget Ordinance for the 1979/1900 Fiscal
Year.
f1embcrs of the audience did not address the Council re: this budget
revision. Mayor Feeney declared the Public Hearing closed.
IfBy a unanimous vote of the Council, the City Clerk read by title only
on second reading Ordinance 11, 1980. Ordinance 11, 1980, was unanimously
adopted by the Council.
ORDINANCE_ 121 The Council deferred Workshopping Ordinance 12, 1980, providing for the
19L creition •O the "Ilinchester Courts 11" multi- family PUD on a 20 -acre
parcel of land on the west side of f1ilitary Trail at Elm Avenue, until
a f11t1!Pe meetinn mhen the annl1c3nt _c a , attCndonCC to CXChange th gilt;
r 1,
with the Council re: the project. A Public Hearing on the intent of
Ordinance 12, 1980 will take place at the Regular Meeting of AunuSt 7,
1980,
PFTT FTONS AND C011f1UN7 CAT TONS.-
Mayor Feeney acknevledged receipt of communications from:
MACARTHUR i. The John D. and Catherine T. MacArthur Foundation advising that the
FOUNDATION
Board of Di,ectors declined to support the City's request of January
25, 1979 for $1.5 million to construct a community center. They
will forward the City a copy of their guidelines, as soon as they
are approved by the Board for release.
City COUC61 it Regular Meeting, 7/17/80
Page 6
SEACOAST
2. Seacoast Utilities, advising that within the next few days they will
UIILITIES
respond to the City's request for them to abandon and redesignate the
utility easement on the City's Lot 1112, Block 1168, Plat 116 so the
City can proceed with the disoosal of the lot by sealed bids.
U.S. SENATOR
3. The Office of U. S. Senator Lawton Chiles, advising of the dates his
LAWrON CHILES
aide will be available in this area to discuss any concerns the
citizenry may have. The Council noted that our municipal complex was
one of the few he will not be available at.
REPORTS:
Councilwoman Monroe reported on the Planning and Zoning Commi_;sion and
COUNCILWOMAN
Site Plan and Appearance Review Committee meetings of July P., 1980. The
HONROE
minutes of these meetings are on file in the City Clerk's office.
Upon their receipt, the City Manager will make recommendations to the
Council re: the various concerns these advisory boards have with respect
to their responsibility /authority. In the near future, a joint meet ng
will be held for the purpuse of the me -b -rs of these boards receiving
guidance from the City Council and City Attorney.
ITEMS BY THE CITY MANAGER:
PRESENTATION OF
The Council concurred with the recommendation of the City Manager that
aOCCE° FATCfES
ne 'riorld Record Soccer Game rtici ants receive their soccer
p�'- p patches
with a letter of congratulations /recognition via mail. The teems that
participated in 03-,, event that took place at the PH Hlgh School on
rct,r3ary 21. 22. & 23, 198E and lasted 59', hours composed of 172 residents
and 63 non - residents of the City.
TTFM5 By THE MAYO,), AND rnLin,rlL.
COUNCILWOMAN At a meeting in the near future the Council will discuss the proposal of
ONROE Councilwoman Monroe to amend Subparagraph (b) Iritl,tian By Petition, of
5 -coon 22 -1 of Article KII of the City's Charter. This Ordinance, if
adopted by t'e Council, would place this question before the City's
Electors at a special referendum election.
COUNiCILt_AN A: the Requlaz fleeting of Au;ust 7, 1980, the Council will ccnsider
kIED15 firm reading of an Ordinance that pertoins, in part, to he hours of
sale of alcoholic beverages.
MAYOR FEENEY Mayor Feeney reported that in response to his communication dated July 14,
1190 concerning traffic - related matters, County Commissioner Peggy Evatt
has advised that the County Engineer has been instructed to make every
possible effort cc accelerate the installation of a fully- actuated traffic
s -Anal ac the intersection a' Holly Drive and 11,11tary Trail so that it