HomeMy WebLinkAboutMinutes Council 020196CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 1, 1996
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo at 7:30 P.M. 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 Furtado, Councilwoman Monroe, and
Councilman Jablin. Mayor Russo announced that
Councilman Clark was out of the country on business.
ANNOUNCEMENTS City Manager Herakovich announced that Councilman
Clark had called from Indonesia to congratulate his
fellow Council members on their re- election. Mayor
Russo also extended his congratulations. Mayor Russo
stated that the announcements were as posted on the
City's bulletin boards.
PRESENTATIONS:
2015 TRANSPORTATION
PLAN Palm Beach County Commissioner Karen Marcus and Randy
Whitfield, Director of the county's Metropolitan
Planning Organization, explained that maintaining a
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 2
20 -year transportation plan was one of the
organization's primary responsibilities in order to
receive State and Federal funding, and reviewed a
consultant's report in which a roadway plan had been
completed, costs predicted, and funding sources
identified. The report had reached the conclusion
that drivers would face gridlock on Palm Beach County
roads, and that anticipated funding would not be
sufficient to meet costs of the transportation
improvements. Councilwoman Monroe expressed concern
with the small amount of traffic in HOV lane, to which
Mr. Whitfield responded that the State was monitoring
that program and explained that increased future
traffic would force people to use those lanes.
Auxiliary lanes were planned on I -95 between Northlake
Boulevard and Blue Heron within the next five years to
alleviate the gridlock during rush hours.
Councilwoman Monroe suggested initiation of a program
wherein Palm Beach County municipalities would examine
their land uses and allocate buildout traffic trips to
parcels instead of the current "first come, first
serve" program. Commissioner Marcus urged that
legislators be contacted to lobby for funding for
noise barrier walls in the northern part of the
CITY COUNCIL REGULAR MEETING, 2/1/96
County, and that a meeting be set up with the Mayor
and Council to meet with state transportation
officials about solutions to noise complaints by
residents east of I -95 between Northlake Boulevard and
Burns Road which had resulted from removal of
Brazilian Pepper which had drastically increased the
noise level from traffic.
Mayor Russo announced a meeting of North County
Development Advisory Group on February 22 at 1 P.M. to
hear pros and cons of a bill now in the legislature
which would reduce the size of the School. Guest
speakers Tom Warner and Sharon Merchant would speak
in support of the bill. Mayor Russo announced that
the City Council would adopt a leadership role in the
school situation. Vice Mayor Furtado expressed
disappointment with the School Board's recent actions.
Commissioner Marcus volunteered to work with the City
Council to find separate creative funding for North
County schools.
WORKSHOP - EVALUATION
AND APPRAISAL REPORT
OF COMPREHENSIVE PLAN Principal Planner Kim Glas Castro explained that
transmittal was scheduled for the second City Council
meeting in April, with adoption anticipated for the
second City Council meeting in August. This schedule
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 4
would necessitate direction from the City Council for
the next several weeks to incorporate the City's
vision into specific Comprehensive Plan Amendments.
Planner Marty Minor reported all of the data had been
reviewed to assure that it was the most current data
available at the time of adoption of the Comprehensive
Plan, which would become the baseline for comparison
of updated data. The format for the town meeting
scheduled for February 22 was discussed, which would
include discussions regarding City Hall expansion
plans, proposed changes to the City Charter, and the
plan for the City's growth.
AWARDTNG nF BTDS:
OAKS PARK SHELTER City Manager Herakovich reported that staff had opened
and reviewed two bids received for the construction of
the Oaks Park Shelter, and that staff recommended the
bid be awarded to R.C.P. Shelters, Inc., low bidder,
in the amount of $34,747 from the 1995 -96 fiscal year
budget. This item is slated for reimbursement by Palm
Beach County. Councilwoman Monroe made a motion,
seconded by Vice Mayor Furtado, to approve the staff's
recommendation. Motion carried by unanimous vote of
4 -0.
COMPRESSED NATURAL
GAS SYSTEM City Manager Herakovich reported that staff had opened
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 5
and reviewed four bids received for the CNG compressor
and fueling island, and that staff recommended the bid
be awarded to EDO Angi Corporation, who had submitted
the lowest complete bid, in the amount of $206,976,
from the 1995 -96 fiscal year budget, which was slated
for reimbursement from grant funds. After discussion,
Councilwoman Monroe made a motion, seconded by Vice
Mayor Furtado, to approve the staff's recommendation.
Motion carried by unanimous vote of 4 -0.
ITEMS BY MAYOR AND
CITY COUNC'TT,
VICE MAYOR FURTADO Vice Mayor Furtado recalled the discussion regarding
infrastructure that had taken place at the visioning
workshop meeting, which included traffic overloads on
roads. The Vice Mayor expressed concern that the
turnpike did not have enough exits and entrances to
accommodate truck, and suggested the use of truck
lanes instead of HOV lanes on 1 -95, which would not
cost much more if combined with the widening of I -95.
Vice Mayor Furtado requested council support for this
idea, which she stated she would push at the MPO.
Councilwoman Monroe requested a state report on how
that would work. Mayor Russo commented that there
were no trucks on the turnpike because of lack of
accessibility. Vice Mayor Furtado stated she was glad
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 6
to have 3 more years on the Council, and expressed her
opinion that there were many other qualified people in
the City capable of serving on the City Council.
COUNCILWOMAN MONROE Councilwoman Monroe reported on comments she received
from residents which indicated that police were needed
to patrol traffic on interior roads such as Military
Trail more than on I -95.
COUNCILMAN JABLIN Councilman Jablin applauded the City's leadership role
in pushing the legislation to reduce the size of the
School District. Mayor Russo suggested that the
northern municipalities, including Riviera Beach,
could form their own School District.
MAYOR RUSSO Mayor Russo reported that Finance Director Olson would
be the guest speaker at the April meeting of the North
County Economic Advisory Group to discuss financial
incentives. Mayor Russo reported he attended the
Human Linkages meeting recently held in Juno Beach,
and urged the City's support.
CnMMFNTS FROM THE
PUBLIC: Mayor Russo announced that several Cypress Hollow
residents have requested to address the council on PCD
94 -02, and that Gloria Eunez, Richard Barrish, David
Crest, Naomi Crest and Jason Barrett had indicated
they would like Lewis Eunez to speak for them.
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 7
LEWIS EUNEZ Mr. Eunez stated that he resided at 5600 Cypress Tree
Court in the Cypress Hollow development. Mr. Eunez
stated he wished to discuss the amendment to PCD 94-
02, also known as Ordinance 15, 1994, and to focus on
the buffer zone, main buffer C, bordering Cypress
Hollow and Ballenlsles, which had originally provided
for a 6 -foot fence located 12 -15 feet off the property
lines of the Cypress Hollow residences and had
contained landscaping specifications. The original
intent had been to protect the existing community's
visual view and to buffer the noise between the
developments. In December, 1995, Cypress Hollow
residents with property bordering Ballenlsles had
received certified letters from BallenIsles notifying
them that a 6 -foot chain link fence would be erected
on the property line, and that no landscaping would be
placed on the Cypress Hollow side of the fence.
During subsequent investigation the residents had
discovered that there had been an amendment to the
PCD. The residents believed that the fence would
destroy their view from their back yards,
substantially lower the market value of their homes,
and cause them to lose enjoyment of their properties.
Mr. Eunez reported he had attended the May 24, 1994
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE B
Planning and Zoning Commission and had believed that
the interests of Cypress Hollow residents had been
protected by the Commission "s decision to recommend to
City Council that all Australian pines west of the
Northlake entrance be allowed to remain. Mr. Eunez
explained that an injunction to stop erection of the
fence had been filed, numerous discussions had been
held with staff, and both he and Cypress Hollow
homeowner Julie Rossow had listened to tapes of the
7/7/94 City Council meeting to try to understand how
this could have happened. They had found no
discussion specifically outlining the fence, but had
found that a handout had been distributed depicting
the buffer, and that a resident of Cypress Hollow had
requested clarification before anything else happened
to his property. Mr. Eunez recapped the residents'
position and requested that this matter be reopened,
that resident Jeff Presser's 12/10/95 letter be
addressed, and asked that the City Council prohibit
any actions until all questions were answered.
City Attorney Baird provided an update on the status
of the lawsuit and advised the City Council that any
discussion could be used against them and that the
latest developments in the lawsuit were unknown.
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 9
During ensuing discussion, Mayor Russo commented that
the City Council would be happy to do what they could
to resolve the matter but could not discuss the matter
at tonight's meeting.
JULIE ROSSOW Ms. Rossow explained she was not a party to the
lawsuit, was very upset, and had listened to tapes of
5/24/94 and 7/7/94 meetings to try to understand what
had happened to Buffer Zone C. Ms. Rossow explained
that the 5/24/94 meeting was the final P &Z meeting on
this issue, and that from the tape of that meeting she
had learned that Cypress Hollow residents had been
present, that no one had disputed Dr. Jeff Presser
when he had stated the fence location of 12 -15 feet
off the property line, that no evidence of a different
Buffer C diagram had been indicated. Mrs. Rossow
questioned how Carl Sabatello, President of the
Cypress Hollow Homeowners Association, could have
approved moving the fence unless he had never seen a
modified buffer zone diagram of the buffer and
questioned how Diane Carlino could have signed off on
the plan when she later became a party to the lawsuit
unless she also had never seen a modified buffer zone
diagram. Mrs. Rossow further questioned the reference
by staff to allow a fence adjacent to the existing
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 10
fence. Ms. Rossow reported that the tape from the
City Council meeting of 7/7/99 provided evidence that
Cypress Hollow residents had been present, that a
diagram was included in the documents from this
meeting which showed the fence 12 -15 feet from the
property line, that she was unable to find any
evidence that a revised buffer zone C diagram had been
provided to the City Council, that on the tape Cypress
Hollow resident Doug Brookbank requested a sketch, a
diagram, or a map of what the buffer would look like
and also specifically requested something to take back
to the Homeowners Association. Mr. Brookbank had
clearly stated he wanted to know what was being
discussed. Former Vice Mayor Monroe had requested
that the Cypress Hollow residents be kept informed
because she did not want another Lake Catherine
situation on her hands. Former Mayor Clark had
questioned whether it was necessary to delay passing
the amendment that evening based on Mr. Brookbank's
request. Ms. Rossow stated she had also reviewed the
City's Justification document utilized when requesting
a change to a PCD, which had indicated there would be
no impact to the surrounding area. Ms. Rossow
summarized by presenting a list of questions for which
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 11
answers were requested, and requested the matter be
revisited. Mayor Russo responded that Ms. Rossow
would receive a letter with answers to all of her
questions after approval by the City Attorney.
JEFFREY PRESSER Mr. Presser provided copies of a complaint he had
filed in reference to this matter, and a letter he had
previously sent to the City Council members. Mr.
Presser pointed out that the modified buffer zone as
approved was internally inconsistent in that it
provided for landscaping on both sides of the fence
which was not possible if the fence were placed on the
property line. Mr. Presser reported comments made by
the City Forester which had indicated that the fence
would be 12 -15 feet from the property line. Mr.
Presser indicated the Cypress Hollow residents had no
interest in suing the City but had deemed it necessary
to stop BallenIsles from erecting the fence, and
explained that he felt the City had failed in its
obligation to follow certain rules and procedures in
place to protect residents. Mr. Presser stated he
believed it was incumbent upon the City to revisit the
issue to solve this problem. In response to Mayor
Russo's question, Mr. Presser verified that the
objective was to get BallenIsles to move the fence
CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 12
JOE POLICY
somewhere near the middle of the buffer and to provide
landscaping on both sides of the fence.
Mr. Policy, resident of Cypress Hollow, requested the
City Council revisit the matter to ascertain how the
buffer was changed.
Mayor Russo announced that Item 4, Resolution 21,
1996, Consideration of Approval for Palm Beach Gardens
Kicks Soccer Club Facility Use Agreement would be
pulled from the Consent Agenda. Mayor Russo commented
that Volunteer Fire Department Captain Mark Wall would
be retiring and that the City was proclaiming February
24 as "Captain Mark Wall Day "" in appreciation of his
service to the City. Vice Mayor Furtado made a motion
to approve the Consent Agenda with deletion of item 4.
Councilwoman Monroe seconded the motion, which carried
by unanimous 4 -0 vote. The following items were
approved on the Consent Agenda:
1. Approval of Minutes of 1/18/96 City Council
Regular Meeting.
2. Proclaiming the month of March as " "Red Cross
Month " ".
3. Proclaiming February 24, 1996 as "Captain Mark
Wall Day ".
5. Resolution 22, 1996 - Consideration of
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 13
Approval of Boundary Plat for Northlake Square
( Pep Boys) .
Mayor Russo announced that residents were present who
wished to address Item 4 which had been pulled from
the Consent Agenda: Resolution 21, 1996 -
Consideration of Approval for Palm Beach Gardens Kicks
Soccer Club Facility Use Agreement.
ABRAHAM GOLSHANI Mr. Golshani requested that this matter be discussed
at a workshop meeting since other City residents
wished to use this facility.
City Manager Herakovich reported that several groups
were interested in using City facilities and that
staff had recommended the agreement in order to
establish a degree of accountability for an
organization which has been using the field. The City
Manager verified that the City had a requirement which
provided that all residents must have first priority.
After discussion, which included a request for
information regarding the number of residents which
used the field, it was the direction of the City
Council to return this item to Recreation staff.
PAUL SULLIVAN Mr. Sullivan, resident of Square Lake, reported that
the Kicks organization had been closely involved with
CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 14
the City's Recreation Department, and provided
information regarding the organization and the number
of residents and non- residents who participated in the
program.
ORDINANCE 29, 1995 Mayor Russo declared the Public Hearing open for
consideration of Second Reading and Adoption of
Ordinance 29, 1995 - Amending Section 159.029 of the
Palm Beach Gardens Code Land Development Regulations
(Effective Period of Development Orders) duly
advertised 12/25/95, and postponed from the 1/4/96
Regular Meeting. Councilwoman Monroe made a motion to
postpone the Public Hearing on Ordinance 29, 1995 to
March 7, 1996. Vice Mayor Furtado seconded the
motion, which carried by unanimous vote of 4 -0.
ORDINANCE 1, 1996 Mayor Russo declared the Public Hearing open for
consideration of Second Reading and Adoption of
Ordinance 1, 1996 - Amending Section 32.54 and 32.55
of Chapter 32 entitled "Departments, Boards and
Commissions" of the Palm Beach Gardens Code of
Ordinances; providing for codification; and providing
for an effective date. City Manager Herakovich
reviewed the changes which had been made in the
Ordinance. After extensive discussion by the City
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 15
Council and the City Attorney, Councilwoman Monroe
made a motion to postpone the Public Hearing for
Ordinance 1, 1996 until February 15, 1996. Vice Mayor
Furtado seconded the motion, which carried by
unanimous vote of 4 -0.
RESOLUTIONS:
RESOLUTION 11, 1996 Planning and Zoning Director Richard Walton reviewed
the staff report dated January 24, 1996 for Resolution
11, 1996 - Consideration of Approval of Amendment to
Wackenhut, West Park Center Lot 1, and noted that the
Petitioner had submitted revised development plans and
a mitigation plan as requested by the City Council.
Mr. Jeff Lis, agent for the Petitioner, reviewed the
proposed landscape mitigation plan. Mayor Russo
questioned what had happened with the proposed cross
parking arrangement with the Marriott, to which Mr.
Lis responded that Wackenhut would not allow anyone to
breach their security and that the Marriott had been
uncooperative, therefore the cross parking agreement
would not be possible. After discussion during which
Mr. Lis explained the events which had happened
between the Petitioner and the Marriott, Mayor Russo
requested that the City Manager consult with the City
Attorney to determine what could legally be done.
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 16
Vice Mayor Furtado made a motion to approve Resolution
11, 1996. Councilman Jablin seconded the motion,
which carried by unanimous vote of 4 -0. Councilwoman
Monroe requested and received information regarding
the size of landscaping cutouts and the size of trees
at installation. Councilwoman Monroe made a motion to
amend the previous motion to require that the
Landscape Plan dated January 26, 1996 by Urban Design
Studio be amended to reflect a minimum of ten feet
gray wood on the Royal Palm trees that are being
installed. Mr. Lis objected because of the price for
trees of the size which Councilwoman Monroe proposed.
Councilwoman Monroe proposed a change to six feet of
gray wood. Further discussion ensued. Councilwoman
Monroe made a motion to amend the previous motion to
require that the Landscape Plan dated January 26, 1996
by Urban Design studio be amended to reflect a minimum
of six feet gray wood on the Royal Palm trees that are
being installed. Mr. Lis stated his agreement if the
City Forester agreed those trees would work in the
agreed -upon size cutout. Director Walton indicated
that the City Forester was not comfortable with larger
trees in the cutouts. After further discussion, there
being no second to Councilwoman Monroe's motion, Vice
CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 17
Mayor Furtado moved approval of her original motion ,
which had been moved and seconded. The vote on the
motion was 3 -1, with Councilwoman Monroe voting
against the motion for reasons previously stated.
RESOLUTION 19, 1996 Councilwoman Monroe made a motion to approve
Resolution 19, 1996 - Consideration of approval of
appointments to the RC /Boat Task Force Committee, with
insertion of the names of Dora Dick and Dee Hertzig in
the blanks in Section 1. Vice Mayor Furtado seconded
the motion, which carried unanimously by vote of 4 -0.
RESOLUTION 20, 1996 Mayor Russo announced that Resolution 20, 1996 would
be postponed until a meeting when Councilman Clark
would be present.
ITEMS FOR COUNCIL
ACTION
GREENS MOWER PURCHASE City Manager Herakovich explained that staff's
recommendation was to purchase a Toro Greensmaster
3000 Greensmower in the amount of $12,847.15 from
Hector Turf for use at the City's golf course.
Councilwoman Monroe made a motion to approve staff's
recommendation. Councilman Jablin seconded the
motion, which carried by unanimous vote of 4 -0.
DISPOSITION OF
SURPLUS EQUIPMENT City Manager Herakovich explained that the City
Council was required to authorize disposal of any
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 18
surplus equipment, and that staff recommended that
Fire Department vehicle Attack Class Unit 64 be
disposed of by trading it for a replacement vehicle
which could be used by the Fire Department. After a
short discussion, Councilwoman Monroe made a motion to
approve staff's recommendation. Councilman Jablin
seconded the motion, which carried by unanimous vote
of 4 -0.
TTFMS FnR DISCTTSSTnw:
AUTO LEASING & STORAGE
AS ANCILLARY USE FOR
HOTEL Planning and Zoning Director Walton reviewed the
proposed text amendment to allow auto leasing and
storage as an ancillary use for a hotel, and the
recommendations by Planning and Zoning staff. Valarie
Chancey, agent for the applicant, Value Rental Car,
stated that the applicant had no objections to
recommendations of the Planning and Zoning Commission.
The City Council members expressed no concerns and
directed staff to draft an Ordinance.
OUTSIDE RESTAURANT
SEATING City Manager Herakovich explained that some
restaurants were using outside seating as a waiting
area, which was not addressed by the City Code. The
City Manager explained this was presented for
discussion since residents had expressed preference
CITY COUNCIL REGULAR MEETING, 2/1/95
PAGE 19
for outdoor restaurant seating at the visioning
sessions. It was the consensus of the City Council
that serving food outside should be stopped, and that
criteria should be designed to address this matter.
DAMERAU OFFICE PARK
PUD Planning and Zoning Director Walton explained that
meetings with the petitioner had resulted in agreement
to designate three buildings as medical and the other
five as office buildings in order to initially meet
Code requirements in regard to parking. Mr. Walton
commented that staff recommended that the individual
buildings on each lot come back for architectural
review. The petitioner proposed establishment of
design and architectural criteria. Mark Damerau,
Petitioner, explained his concept of an office park in
a residential setting, and commented that all oak
trees and mangroves would be preserved and the
mangroves enhanced. Mr. Damerau stressed that this
project would be a high quality development, with the
buildings modeled after homes in Lost Tree Village.
Bob Benz, Agent for the Petitioner, explained how
landscaping for the project greatly exceeded Code
requirements. Mr. Benz commented that the Petitioner
had wished to follow the ITE (International Traffic
CITY COUNCIL REGULAR MEETING, 2/1/96
CITY MANAGER REPORT
PAGE 20
Engineer's Association) requirements of 4.1 spaces per
thousand square feet as used for medical buildings
throughout the whole project, which he explained would
exceed the parking requirements for the five office
buildings. Mr. Benz reviewed the four waivers
requested: (1) Signage waivers to allow internal
directional signs (2) Waiver to landscaping around
each individual building, since property lines were in
the middle of parking lots (3) Waiver to perimeter
buffer for the site, and (4) waiver to the required
size for a loading dock since large trucks would not
be making deliveries there. Councilwoman Monroe
requested response to come back from staff regarding
waiver (3) and requested a response from someone in
the management of medical buildings as to the type of
vehicles which entered their parking lots and their
parking problems.
City Manager Herakovich expressed congratulations from
staff to the re- elected City Council members. The
City Manager reported that an RFP had been received to
offer fire protection and rescue service for the Town
of Jupiter, and explained that the City was
cooperating with Jupiter by providing information when
requested, however, would not respond to the RFP per
CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 21
instructions from the City Council. Mayor Russo
stated for the record that if Jupiter decided to do
their own fire protection, he hoped that Palm Beach
Gardens would not be Jupiter's backup as they were for
other communities, such as Palm Beach Shores; and that
he did not want the City to be the backup of all of
NAMAC. The City Manager announced that the City had
not been mentioned in a recent newspaper article
regarding Building Department efficiency impacts on
insurance rates for residents, however, the City had
participated in that process and had received a good
rating. City Manager Herakovich reported she had
attended a Municipal League Legislative Issues Forum
and had available a summary of issues before the
Municipal League. The City Manager requested
clarification from the City Council regarding the
interview process for new Advisory Board members. It
was suggested that the Chair and the City Council
liaison conduct interviews for the Code Enforcement
Board. City Manager Herakovich stated that an HR
representative could also be included to provide
appropriate questions.
CITY ATTORNEY City Attorney Baird provided an update on ongoing
cases, one of which the motion had been granted to
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 22
dismiss the City Manager in both official and
individual capacity; and that the plaintiffs would be
responsible for the City Attorney's fees.
SANCTUARY UPDATE City Manager Herakovich reported that a plan had been
presented which complied with the City's requests
except for minor discrepancies in numbers for preserve
areas for which the applicant would be required to
provide certification. Planning and Zoning Director
Walton explained that the two remaining areas of
concern were the need for the applicant to work out
issues with Frenchman's which might affect them; and
to provide more information on the numbers of preserve
areas. Marty Perry stated he had attended this
meeting with all of the applicant's consultants since
he was concerned with a letter received from the City
Forester, with Mr. Walton's comments, and with the
fact that a Code Enforcement meeting had been
scheduled for the next Monday for violations over
items which had been corrected or were in the process
of being corrected. Mr. Perry explained that all of
the City's requests had been complied with; however,
the planner had made a minor error in not deducting
.41 acres from the developable land tabulation on the
site plan because the actual platting of the buffer
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 23
preserve ended up being larger than contemplated by
the site plan. Mr. Perry stated that since he had
become involved in this matter that there had been a
tremendous effort by Pulte Homes to correct problems,
which he believed were being met by a negative
attitude from the City. City Manager Herakovich
responded that four or five staff people had spent
many hours also trying to resolve the issue. Mayor
Russo stated negatives should be put aside and each
side should work together. City Attorney Baird
explained that Code Enforcement staff had cited Pulte
Homes Corporation in November, 1995 and scheduled a
Code Enforcement meeting in December. Mr. Lioce and
a colleague had appeared at that meeting and requested
the matter be continued because they did not believe
they had received proper notice. Attorney Baird
explained that Mr. Lioce had known about the February
Code Enforcement Board meeting, and that the purpose
of the hearing was to determine whether the violation
had been corrected. Mr. Perry countered that at the
November Code Enforcement Board meeting the matter had
been continued to December; however, the City had
canceled that hearing, and the upcoming hearing was in
regard to an entirely new notice of violation which
CITY COUNCIL REGULAR MEETING, 2/1/96
PAGE 24
stated Pulte Homes was in violation as of January 22,
which was not accurate. Mayor Russo asked staff to
try to solve this issue.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilwoman Monroe, seconded by Councilman
Jablin, and unanimously approved to adjourn the
meeting at 11:28 P.M.
CITY COUNCIL REGULAR MEETING, 2/1/96
APPROVAT. %
M;cyo JOE RUSSO
VICE MAYOR LAUREN FURTADO
>�
UNCILWOMAN LINDA MONROE
N R LIN
COUNCILMAN DAVID CLARK
ATTEST:,
b�lNbA K IER, CMC, CITY CLERK
PAGE 25
METROPOLITAN PLANNING ORGANIZATION
OF
PALM BEACH COUNTY
i
160 Auscr,t li apt! Aven fro, $alto 201, West Palm Beach, Flonda 33406 TAI (4 116.34 -4170
MEMORANDUM
TO- Commissioner Karen Marcus
FROM: Rar4dy M. Whitfield, P.E. �,(, ,
Director ���'"""
DATE: Jazi pary 29, 1996
i
RE: 2015 Capacity Exceedance Links
The following roadway links are projected to exceed the County's Level of Service "D" in 2015 in
the northern portion of the urban area:
Roadway
LiMit$
A ernate A -1 -A (SR -811)
377167 - PGA Boulevard
Alternate A -1 -A (SCR -811)
RCA Boulevard - Burns Road
Alternate A -1 -A (SR -811)
Lighthouse Drive - Congress Avenue
Center Street (Jupiter)
Loxahatchee River Road - Alternate A -1 -A
Indiantown Road '
Alternate A -1 -A - US 1
Lndian Creek Parkway
Central Boulevard - Central Boulevard (Abacoa)
Central Boulevard
Donald Ross Road - PGA Boulevard
Hood Road
Turnpike - Alternate A -I -A
Beeline Highway
Pratt-Whitney Road - PGA Boulevard
Beeline Highway
Turnpike - Blue Heron Boulevard
Military Trail
Hood Road - Northlake Boulevard
Prosperity Farms Road
Hood Road - Northlake Boulevard
US I
A -I -A (Juno) - PGA Boulevard
PGA Boulevard
Turnpike - Central Boulevard
PGA Boulevard
Military Trail - Alternate A -1 -A
PGA Boulevard
Prosperity Farms Road - Lost Tree Village
Northlake Boulevard
Military Trail - Prosperity Farms Road
These will be shown on the map in color. If you have any questions, please contact me.
RMW/bch I
I
60i£0'd 066£ SSE Z, t, 00 d0 U -8k3oH £®:17T 966T -7£ -Nut
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10 December 1995
Ms Bobbie Herakovich
City Manager
Palm Beach Gardens, Florida
CC:
Mayor Joe Russo
Vice Mayor Linda Monroe
Former Mayor David Clark
Councilwoman Lauren Furtado
Councilman Eric Jablin
Thomas Baird, City Attorney
Greg Dunham, Assistant City Manager
Carl Sabatello, Chairman Planning and Zoning Commission
Jeffrey Ornstein, former chairman, Planning and Zoning Commission
Planning and Zoning Commission Board Members
Diane Carlin
William Mignona
Phillip Lyddon
Thomas Pastore
Mr. Jack Dillon, President, Cypress Hollow Homeowner's Association
Mr. Bill King, Legal Counsel, Cypress Hollow Homeowner's Association
All Cypress Hollow Homeowners
Dear Ms, Herakovich,
The following is a chronology of my experience in relation to the buffer zone to be placed by Ballenlsles
along the border with Cypress Hollow.
The original PCD proposal passed in 1989 called for a perimeter buffer (Perimeter Buffer System "C ",
see attached) to be placed along the border between Ballenlsles and Cypress Hollow This buffer was
to be 25 feet wide, and included a 6 foot chain link fence 12 -15 feet off the property line. It was with
this plan in mind that many of the homes in Cypress Hollow were built.
In early 1994, Ballenlsles requested an amendment to their original PCD The requested changes were
several, including reconfiguration of some interior parcels and preservation of some Australian Pine
trees in various areas. It was at this point that I became involved, chiefly in an attempt to preserve the
Australian Pines along the border with Cypress Hollow I made several trips to the Palm Beach
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Page 2
Gardens Municipal Complex requesting all documents and discussing plans with all involved staff
members
On March 3rd, 1994 I requested a copy of the planned perimeter buffer zone from BallenIsles, and was
faxed 2 drawings showing the original plans (attached) I discussed these plans at length with both
BallenIsles (Nader Salour) and with city staff members, specifically City Forester Mark Hendrickson
On March 7th, 1994, City records show BallenIsles subrmtted the requested PCD changes, which
included an unannounced change to the buffer plan drawings. The new plan drawings were altered in
the following fashion (see attached):
Drawing Number 1, relief view
The fence, previously drawn in at 12 -15 feet off the property line was erased, and the following
statement was added below the picture:
"A 6' chain link fence shall be constructed on property line except where an existing abutting
wall or fence is already in place."
Drawing Number 2, overhead view.
The fence was erased, yet the following 2 statements were left on the altered plan
"Existing & planted shrubs shall form a continuous screen along both sides offence."
"New shrub masses shall be planted in overlapping drifts to completely screen fence "
These altered plans were not revealed to me or any of the Planning and Zoning Commission members
When I requested these plans in April of 1994, I was shown and given copies of the old perimeter buffer
plans
Also in April of 1994, 1 invited City Forester Mark Hendrickson to my home. We surveyed the
Australian Pines along the border, and measured and marked the property line behind my home I then
handed him the end of my tape measure and walked 12 feet into the woods on the BallenIsles side of the
line to see exactly where this fence would be placed. I asked Mr Hendrickson if our measurement was
correct... "So this is where the fence will be ?" He responded affirmatively
On May 18th, 1994,1 wrote a letter to all Cypress Hollow Homeowners describing the situation with
the Australian Pines and with the planned buffer zone and fence I included a copy of the plan as I knew
it (the original 2 drawings) as well as a copy of the layout of Cypress Hollow, and I invited anyone
interested to join me at the city Planning and Zoning Committee meeting scheduled the next week
On May 23rd, I obtained a copy of a memorandum from the Planning and Zoning Staff to the Planning
and Zoning Commission (dated May 19th) which included as discussion the following statement
"The revisions proposed to the PCD include. Amendment to the buffer details to allow for location
options for the fence required in Buffers A and C, including a provision to allow that the fence be
waived should there be an existing fence or wall on adjacent property. "
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When I asked Mr. Hendrickson what was meant by this wording, he explained to me that BallenIsles
wanted the option to dogleg their fence to any fences along the property line to avoid the situation of
two fences 12 feet apart with a "no man's land" between There is only one fence in Cypress Hollow on
this property line. I had no objection,
On May 24th, 1994, at the Planning and Zoning Commission meeting, I made a slide presentation on the
topic during the public discussion of Petition PCD -94 -02 Present at the meeting were-
Jeffrey Ornstein, Chairman
Carl Sabatello, Chairman-Elect (and developer of Cypress Hollow)
Board Members:
Diane Carlino (Cypress Hollow Resident)
William Mignona (Cypress Hollow Resident)
Phillip Lyddon
Thomas Pastore, alternate
Thomas Baird, City Attorney
Mayor David Clark, City Council Liaison
Greg Dunham, Assistant City Manager
I handed out copies of my letter to the Cypress Hollow homeowners to all commission members and
city representatives including the proposed Perimeter Buffer plan as I knew it I showed slides of the
two original drawings, and talked about them in detail specifically showing the fence that was to be 12-
15 feet off the property line, and was to "bend to preserve existing trees 4" cahper and above" as
described in the overhead drawing I also showed several slides of the buffer zone erected between
BallenIsles and The Hunt Club. As an example of what our buffer was going to look like, Mark
Hendrickson had directed me to look at this buffer since the plan for the two was the same I showed
these slides to display what we felt was unacceptable in terms of landscaping. the fence was in no way
obscured, and the I foot tall hibiscus seedlings certainly didn't meet our expectation of " a continuous
screen along both sides of the fence "
The following is a excerpt transcribed from the tape made of the Planning and Zoning Commission
meeting of May 24, 1995:
Mr. Jeffrey Ornstein, chairman:
"It would help if you would clarify what the speaker talks about along Cypress Hollow "
Mr Hendrickson, City Forester.
"Just let me talk about the buffer, seeing as that's what the residents are concerned about, and
then remove everything beyond the 25 foot buffer, if you're talking about not doing anything to the
Australian Pines at all "
[paper shuffling]
Ornstein
"The 25 foot buffer is from the property line to the BallenIsles side for 25 feet, then it is clear to put the
fence in and put the approved buffer landscaping in. My question is If there is a reason we, the city,
demanded that the developer produce a buffer plan is to protect the adjacent property, and here we have
an adjacent property that is completely built up, and, I may be wrong, and that is why I'm asking the
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Page 4
question. But if the residents living there don't want the buffer, why do we as the city demand that they
do that? But the buffer we're talking about also is the same type of buffer that we saw around the Hunt
Club."
Hendrickson:
"Not exactly If
Ornstein-
"Close?"
Hendrickson.
"With two major differences The pictures that you saw were taken from Cypress Hollow in which the
Cypress Hollow residents had taken down the ficus Hedge that was required."
Jeff Presser, Cypress Hollow homeowner:
"Not Cypress Hollow, The Hunt Club."
Hendrickson
"That was supposed to be a supplement to the 25 feet of landscaping In essence, the difference is that
the fence was supposed to be within the middle. Because they already had a fence, and had a hedge,
there was, um, I won't say less, but a modification to the Buffer'C' plan [paper shuflling],especially
because the total perimeter by the landscaping when it's installed, because the residents are closer is a
combination of the Hunt Club and the 25 feet on JDM. What you would normally have seen a 6 foot
hedge was required plus the 25 foot landscaping strip, which was just put in last year as I have assured
you If you eliminate the 6 foot hedge, the ficus hedge, you add it to the 25 feet along Cypress hollow
with a fence down the middle of it, with a berm, you have, um, the variation that I'm talking about. So,
uh, the only difference that I'm hearing, though, is that at least if you want to leave the Australian Pines
and put the berm, that is pretty simply done. I mean it's almost like it was existing native vegetation,
you'd leave it. It's only the removal of the Australian Pines and the Brazilian Pepper, well actually you'd
be tearing up the grass they've been mowing now, and all the on -site improvements that Cypress Hollow
has made "
Ornstein
It looks like if they remove all the Pepper and the Melaleuca there's going to be some massive holes in
that stuff."
Hendrickson:
"But then they come back and put the buffer down"
[unintelligible question about Buffer "C "]
Hendrickson-
"I can't answer your question as far as why, urn, Buffer 'C' is along Cypress Hollow because I wasn't
there during the original approval, but I feel that it follows closely what was designed around the entire
JDM concept was to have a buffer adjacent to already developed -- and I assume, but I could be wrong,
that the residents in Cypress Hollow during the approval of JDM had some input at that time, and may
be reversing their thoughts because they may have thought that the Australian Pines were supposed to
remain originally and we're making an emphasis of eradicating them now."
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Ornstein.
"Thank you, you answered my question "
All buffer concerns addressed, Ms Diane Carlino made a motion to recommend approval of PCD -94-
02, including, among other conditions, the recommendation that "all exotic vegetation shall be removed
with the exception of the Australian Pines located east of the future entrance to BallenIsles and north to
the boundary of the Hunt Club "
Moving the fence to the property line was never discussed or revealed in any fashion to the public or the
members of the Planning and Zoning Commission.
Between this meeting and the next City Council meeting, Mark Hendrickson took it upon himself to
ignore the recommendations of the planning and zoning commission and without explanation presented
to the City Council a different plan recommending "that the pines only be allowed to remain within the
25 -foot buffer..." instead of all the way to BallenIsles Drive (see attached Memo to City Council from
Planning and Zoning Staff, June 9, 1994 This same memo was sent again, re- dated, on June 30th).
Because of this unexplained apparent reversal of recommendations approved by the Planning and
Zoning Commission I made certain to attend all public meetings, including City Council meetings, and
spoke publicly when permitted. We were able to convince the City Council to reverse Mr
Hendrickson's staff -level reversal of the Planning and Zoning Commission's recommendations,
preserving the Australian pines from 100 feet east of BallenIsles Drive to the border with Cypress
Hollow(see letters I wrote on June 15th and July 5th, and 1 st and 2nd readings of Ordinance 15, 1994,
attached)
At no time during any of these discussions at City Council Meetings or in my discussions with various
staff members was it ever mentioned that the fence was to be placed on the property line
This past Friday, December 1, 1995, I received a certified letter from BallenIsles Construction
Supervisor George Galle stating that they were about to erect a fence "on the property line " This was
the first I or anyone else in Cypress Hollow heard about a fence being erected on our property line
When I learned of the change, I confronted Mr. Hendrickson, who became quite angry and stated "you
knew about this all along, now you're just upset because it's finally happening "
I object to the plan to place a fence on our property line strenuously, citing the following
considerations:
1 I feel we have been purposely deceived about the nature of this plan by both BallenIsles and The City
of Palm Beach Gardens, specifically City Forester Mark Hendrickson
2. The new, altered Perimeter Buffer Plan "C" contains a major change, the moving of a fence from 12-
15 feet off our property line to on our property line. Such a change should be advertised and should be
specifically mentioned in the wording of any proposed ordinances. As read and passed, Ordinance 15,
1994 does not include this information, only a vague reference to "location options for fence" as
described above.
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3. The new, altered Perimeter Buffer Plan "C" as passed in secrecy violates our state "Government in
the Sunshine" Law,
4. The new, altered Perimeter Buffer Plan "C" is now internally inconsistent, stating that a fence should
be erected on the property line, yet also stating quite clearly that landscaping "shall form a continuous
screen along both sides of the fence ... to completely screen fence " Does the city expect BallenIsles to
dig up our property and plant on it?
4. The homes in Cypress Hollow were planned, approved and built with respect to Ordinance 8, 1989
This ordinance called for a fence 12 -15 feet off the property line. The change now means that several
homes along the border with Ballenlsles will now have structural elements (walls, pool screen
enclosures, etc.) within 7 feet of a black vinyl chain link fence, with no guarantee of any landscaping on
our side of the fence, since to landscape would mean these people wouldn't be able to walk around their
own homes. This clearly will impact property and resale value
5 The Cypress Hollow Homeowners' Association has never been informed by the City or BallenIsles of
any plan to place a fence on our property line. When planning a fence on a property line, it is
appropriate to get the other property owner's permission. If BallenIsles now plans to place a fence off
the property line, how far off? An inch? A foot? More? If they place it off the property line, or if they
don't landscape both sides, will they be in violation of the PCD?
Because of these and other concerns, I would like to ask the City of Palm Beach Gardens to intercede in
this matter to stop BallenIsles from erecting a fence on the property line until such time as appropriate,
reasonable plans can be formulated, agreed upon and approved This matter is of the utmost urgency as
BallenIsles has already staked the property line and intends to begin fencing the property this week
Thank you for your time and consideration Please call me at the office as soon as you finish reading
this letter, or you may call Mr, Jack Dillon, President of the homeowner's association at 626 -4160
Sincerely,
Jeffi-ey L Presser, M.D
5589 Cypress Tree Court
Palm Beach Gardens, FL 33418
(407) 775 -7068 (Home)
13205 U S. Highway One, Suite 105 Juno Beach, FL 33408 (407) 691 -0100 FAX (407) 691 -0101