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1991 SEPT 12' MINUTES OF PUBLIC HEARING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 12, 1991 Present: Jerry Gardner, Mayor Judy M. Pierman, Vice Mayor V. A. Marks, M. D., President Pro Tem Manny Grinn, Councilman Thomas F. Kelsey, Ph.D, Councilman Dennis W. Kelly, Village Manager George Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Gardner called the Public Hearing to order at 7:00 p.m. All members of Council were present. All members of staff were present. PURPOSE OF PUBLIC HEARING The purpose of the Public Hearing was to hear comments from the ' public concerning the proposed 1991-92 operating budget, including the North Palm Beach Country Club. As stipulated in the Truth in Millage (TRIM) bill, every owner of real property in the County was notified by the Palm Beach County Tax Assessor of proposed property taxes and Public Hearing. No further legal publication of Public Hearing by the Village was required. The following residents addressed the Council regarding the proposed budget, which included stating their opposition to the 50$ increase in marina fees: Austin Andrews 537 Flotilla Road Wayne H. Haase 60 Yacht Club Drive B. J. Bedford 727 Hummingbird Way, #5 William Katz 548 Overlook Drive ' Lawrence Rudner 419 Marlin Road Niels Petersen 2615 Wabash Drive ' Minutes of Public Hearing - Budget Held Thursday, September 12, 1991 Mr. Andrews asked if there is a State Statute that allows the marina to be only a General Fund item, while the Country Club is an Enterprise Fund. The Mayor directed Village Attorney George Baldwin to research the state statutes and respond to Mr. Andrews in writing. ~~ The Council defended the proposed increase in'marina fee as a necessary source of additional income, and pointed out that the fee has been very low i.n the past and is much lower than marinas in surrounding communities, therefore justifying the proposed increase. The Council agreed to give further consideration to this line item. Niels Petersen, 2615 Wabash Drive, addressed the Council with various questions, and stated his concern regarding garbage and trash collection, and $14,000 to Seacoast Utility Authority for water rather than drawing from the Earman River. Upon inquiry, Mr. Petersen was informed that the proposed millage had been announced as 4.36, but would be reconsidered later on during the meeting. Al Moore, 437 Oyster Road, addressed the Council at length, with questions regarding numerous line items and the justification thereof. Mr. Moore also questioned whether the rising property assessments as determined by the Palm Beach County Property Appraiser are accurately reflected in the Village's overall assessment. Councilman Grinn moved to recess the Public Hearing of the Budget at 7:32 p.m. for the purpose of opening the Regular Session. Vice Mayor Pierman seconded the motion, and all present voted aye. The Public Hearing of the Budget reconvened at 7:34 p.m., with Mr. Moore continuing his discussion. with no further comments from the public, Councilman Grinn raised a point of order regarding State Statute 200.065(d) which states that the tentative Budget shall be adopted during the Public Hearing. The Mayor directed the Village Attorney to research the State Statute for proper procedure. The meeting then recessed at 8:33 p.m. for the purpose of calling to order the Public Hearing on Linpro. The Public Hearing on the Budget reconvened at 9:20 p.m. Lengthy discussion ensued, with the following amendments being made to the proposed budget: 2 Minutes of Public Hearing - Budget Held Thursday, September 12, 1991 Mayor Gardner moved that the changes to the charts on pages 4 and 5, as noted during discussion, should not be accepted. President Pro Tem Marks seconded the motion. The motion passed 4-1, with Mayor Gardner, President Pro Tem Marks, Vice Mayor Pierman and Councilman Kelsey voting aye, and Councilman Grinn voting nay. By consensus, the Council reduced the advertised millage rate of 4.36 to 4.26, and agreed to strike all references to 4.36 that are reflected in the budget. Councilman Grinn moved to decrease the Marina storage and decal fee from 50~ to 10a Vice Mayor Pierman seconded the motion. The motion failed 2-3, with Councilman Grinn and Vice Mayor Pierman voting aye, and Councilman Kelsey, President Pro Tem Marks and Mayor Gardner voting nay. Councilman Grinn moved to amend the utility tax, which had been proposed at 6%, to 5%, to conform to the Code of Ordinances. Vice Mayor Pierman seconded the motion. The motion passed 3-2, with Councilman Grinn, Vice Mayor Pierman and President Pro Tem Marks voting aye, and Mayor Gardner and Councilman Kelsey voting nay. Vice Mayor Pierman moved to increase the Marina storage and decal fee by 30% instead of SO o, as shown in the proposed budget. Councilman Grinn seconded the motion, and all present voted aye. Councilman Grinn moved to delete $10,000 from the proposed Village Manager Contingency. Councilman Kelsey seconded the motion for discussion. The motion passed 4-1, with Councilman Grinn, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and President Pro Tem Marks voting nay. Councilman Grinn moved to delete $500 for Accounting and Auditing for awards costing $250. Councilman Kelsey seconded the motion. The motion failed 2-3, with Councilman Grinn and Councilman Kelsey voting aye, and President Pro Tem Marks, Vice Mayor Pierman and Mayor Gardner voting nay. Councilman Grinn moved to delete the dues of $2,800 for membership in the Municipal League. President Pro Tem Marks seconded the motion for discussion. After discussion, the motion passed 3-2, with Councilman Grinn, President Pro Tem Marks and Councilman Kelsey voting aye, and Vice Mayor Pierman and Mayor Gardner voting nay. ' Councilman Grinn moved to reduce the Village Manager's Deferred Compensation from 13.2% to 10 a, as stated in his contract. Vice Mayor Pierman seconded the motion for discussion. After discussion, the motion was defeated 2-3, with Councilman Grinn and 3 Minutes of Public Hearing - Budget Held Thursday, September 12, 1991 Councilman Kelsey voting aye, and President Pro Tem Marks, Vice Mayor Pierman and Mayor Gardner voting nay. Councilman Grinn moved to correct PBJC on Page 56 to PBCC. Vice Mayor Pierman seconded the motion, and all present voted aye. Councilman Grinn moved to delete $3,000 for Labor Services. Vice Mayor Pierman seconded the motion. The motion Failed 2-3, with Councilman Grinn and Councilman Kelsey voting aye, and President Pro Tem Marks, Vice Mayor Pierman and Mayor Gardner voting nay. President Pro Tem Marks moved to reduce the Labor Services to $1,500. Vice Mayor Pierman seconded the motion, and all present voted aye. Councilman Grinn moved to adopt the tentative budget, as amended. Councilman Kelsey seconded the motion, and all present voted aye. The Village Manager announced that the tentative millage rate is 4.26, and the rollback rate is 4.098, a difference of .162. The 4.26 millage rate equals a 3.4% increase over the rollback rate of 4.098. This will be advertised for the September 26, 1991 second Public Hearing. Having reached the 11:00 p.m. curfew, the meeting adjourned. K thleen E. Ke ly, Village Cle i~ 4