HomeMy WebLinkAboutMinutes Council 071896CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 16, 1995
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. Mayor Russo called for a
moment of silence in respect to those who had recently
lost their lives in an airplane explosion.
ROLL CALL The Deputy City Clerk called the roll and present were
Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe,
Councilman Jablin and Councilman Clark
ANNOTTNCEMENTS Mayor Russo stated that the announcements were as
posted on the City's bulletin boards.
RE -ORDER OF
AGENDA After discussion of the length of time which would be
needed for the Public Hearing for Resolution 100,
1996, Mayor Russo announced that the Public Hearing
would be limited to two hours and then a decision
would be made how to proceed, and requested that the
agenda be re- ordered to hear the Holly Drive and EAR
City Council Regular Meeting 7/18/96
PRESENTATIONS
PAGE 2
presentations, the Cypress Hollow Public Hearing and
then Resolution 100, 1996. Councilman Clark made a
motion to re -order the agenda as described by Mayor
Russo. Councilman Jablin seconded the motion, which
carried by unanimous 5 -0 vote.
HOLLY DRIVE PROPOSED
MEDIAN LANDSCAPING City Engineer provided an update as to the progress of
the Holly Drive project. Troy Holloway of George
Gentile and Associates described the proposed
landscaping plan, which mixed approximately 50�1- native
plants with non - natives. Councilwoman Monroe
questioned the maintenance which would be needed for
the proposed plant palette and the sight visibility
which would result, and was assured that proper
maintenance would be done and proper sight visibility
would be in place.
TONY ANTHONY Mr. Anthony volunteered to help the maintenance
employees to show them how to take care of the mulch
and the weeds if he were notified of any meetings.
EAR TRAFFIC
CIRCULATION COMPONENT Principal Planner Kim Glas Castro explained that
submittal of the traffic component of the EAR had been
delayed until the 2015 model could be obtained and
studied. Ms. Glas Castro pointed out deficiencies
City Council Regular Meeting 7/18/96
PAGE 3
which were projected through the year 2001. Actual
traffic counts compared to projected figures and ways
to use accident figures to help were discussed.
PUBLIC HEARINGS
ORDINANCE 12, 1996 Mayor Russo declared the Public Hearing open, which
was duly advertised 7/3/96, for consideration of
second reading and adoption of Ordinance 12, 1996 -
Approving an Amendment to the BallenIsles Planned
Community District for a Minor Amendment to the
Perimeter Buffer System "C" Plan Adjacent to the
Cypress Hollow Planned Unit Development. There being
no comments from the public, Mayor Russo declared the
Public Hearing closed. Councilwoman Monroe made a
motion to adopt Ordinance 12, 1996 upon Second Reading
by title only. Vice Mayor Furtado seconded the
motion, which carried by unanimous 5 -0 vote. The
Deputy City Clerk read Ordinance 12, 1996 by title
only on Second Reading.
RESOLUTION 100, 1996 Mayor Russo declared the public hearing open for
Resolution 100, 1996 - Consideration of Approval for
a Conditional Use for the Construction of three (3)
363 -foot Communication Towers, duly advertised 7/8/96.
City Attorney Baird provided an update regarding the
quasi judicial procedure to be followed. Raymond
City Council Regular Meeting 7/18/96
PAGE 4
Royce, Attorney for the Petitioner, suggested that
agenda item Resolution 101, 1996 be combined with
this agenda item, which was agreeable with the parties
concerned. Disclosure of ex -parte communications were
made. Mayor Russo stated that he had accepted a book
from Gary Fields, but had not discussed the case with
him; and that he had discussed procedure with Attorney
Royce and with Commissioner Marcus, but did not
discuss facts relating to the case. Councilman Clark
reported that he had attended previous meetings
regarding this matter in his capacity as City Council
Liaison to the Planning and Zoning Commission, during
the course of which he had had many discussions with
the involved parties including Attorney Royce,
Commissioner Marcus, Gary Fields, and a number of
persons including members of his family who are
residents of Palm Beach Country Estates; however, his
decision would be based on facts presented at
tonight's hearing and not on prior discussions.
Councilman Jablin reported that he had accepted a book
from Gary Fields but had had no substantive
discussions with him regarding the case. Mayor Russo
reported that the Councilmembers had also received
many letters. Councilwoman Monroe reported that she
City Council Regular Meeting 7/18/96
PAGE 5
had also received the book from Mr. Fields entitled,
Why 360 -Foot High Towers and Guy Wires Don't Belong
next to the Loxahatchee Slough in a Residential
Community, and had received numerous letters. Vice
Mayor Furtado reported that she had received the book
from Mr. Fields, did not speak to Mr. Fields, had
spoken with Commissioner Marcus, and had received
numerous letters from residents, but would base her
decision on what was presented at tonight's hearing.
Attorney Royce requested that the following items be
made a part of the record: Ordinance 13, 1995 - the
Communications Tower Ordinance; and Staff report to
the Mayor and City Council from the Planning and
Zoning staff dated July 18, 1996 with the attached
proposed resolutions. Attorney Royce reviewed prior
events which began with establishment of the
Communications Tower Ordinance and explained that the
applicant had met all requirements of the ordinance.
Attorney Royce reviewed a map of the proposed location
on private property and surrounding lands, and read a
portion of a letter dated July 7, 1995, from Mr.
Woleski of the Palm Beach County DERM to Mr. Dale
Smith of the MacArthur Foundation to clarify the
letter dated July 3 in the book which had been given
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PAGE 6
to each Council member. Mr. Royce read from the
letter as follows: Establishing the boundaries of
these sites, (referring to the various sites the
County is purchasing for environmental protection
reasons), the County believes it has utilized all of
the relevant scientific data in establishing
boundaries that adequately protect and buffer the
important environmental attributes of these lands. It
is not Environmental Resource Management's intention
to impose or encourage imposition by other agencies or
governments additional regulations or restrictions on
the use of lands adjacent to these sites. In fact,
Palm Beach County recognizes the intentions of the
Foundation to divest of these sites for the purpose of
development by the ultimate purchaser. Attorney Royce
commented that this language emphasized that this was
private property subject to development and was not
preservation land. Attorney Royce suggested that
consideration should be given to whether the
application met the ordinance and to the type of
development which would have the least environmental
impact. Mr. Gary Fields requested that the record
reflect that he had delivered a copy of the boo}_
City Council Regular Meeting 7/18/96
PAGE 7
referred to earlier to each member of the City
Council, The Council members acknowledged receipt of
the book. Attorney Royce requested that since the
staff report was not presented first, should any
issues be raised by staff which had not been covered
by the applicant that the applicant be granted the
opportunity to present additional information in
response to any questions from staff. Attorney Baird
advised that changes in the law did not require
witnesses to be sworn. Trisha Dolin, Palm Beach
Communications Company, explained the steps that their
company had taken to this point, including the fact
that there were no appropriate existing towers in the
area to hold their radio equipment and that the most
remote location possible had been chosen, and that the
City would soon need a tower for police
communications. During cross examination, in response
to a question by Vice Mayor Furtado, Ms. Dolin
clarified the locations of other towers in the area
and why they were inappropriate for the applicant's
equipment. Gary Fields of Palm Beach Country Estates
referred to a list of Palm Beach County radio stations
published by the Palm Beach Post and to a useable area
study, and questioned Ms. Dolin as to whether
City Council Regular Meeting 7/18/96
PAGE 8
application had been made to the FCC to go outside
that useable area, to which she responded
affirmatively. An alternate site in Lake Park was
discussed to which Ms. Dolin responded she had not
applied for or been refused by the FCC for the Lake
Park site. Mr. Fields referred to a December meeting
at the office of Robert Furman where alternate sites
had been discussed, to which Ms. Dolzn's response was
that she absolutely positively did not recall stating
at that meeting that the Mangonia Park site would not
be used because its rent was too high, and that she
would be glad to pay whatever the rent was. Mr.
Fields questioned whether a cellular phone company did
not require a 360 -ft. tower, to which Ms. Dolin
responded that a cell phone site needed to be
approximately 100 -125 feet. Attorney Royce asked Ms.
Dolin whether there had been any questions she would
like to clarify, to which Ms. Dolin responded that
there was no way she could go to the Lake Park site
because of its location being too far south and would
not be allowed by the FCC because the applicant's
radio station would interfere with existing radio
stations. Councilwoman Monroe questioned whether the
location under discussion was Lake Park or Mangonia
City Council Regular Meeting 7/18/96
PAGE 9
Park, to which clarification was provided that neither
was acceptable because the Mangonia Park location was
too far south, that Ms. Dolan knew the Lake Park
location was unacceptable, and that Palm Beach County
Commissioner Marcus' office had contacted the FCC
regarding the Lake Park site, but she did not have a
letter from the FCC stating that fact. Palm Beach
County Commissioner Karen Marcus clarified that her
office had contacted the FCC but had never received a
reply and questioned whether the applicant had ever
made application to the FCC to extend the boundary to
the Lake Park site, to which Ms. Dolin responded that
she had not. Ms. Dolin testified that she remembered
speaking with the City Manager of Lake Park regarding
a Lake Park site location, but did not recall speaking
with their Chief of Police. Attorney Baird explained
that the public did not have to be sworn; however,
experts were required to be sworn under the new
legislation. Ali experts stood and were sworn by the
City Attorney. Carey Kilday, Kilday and Associates
Land Planners, presented his credentials as a planner,
and discussed this application and its compliance with
the City's ordinance. Mr. Kilday commented that the
points in question upon which the City Council must
City Council Regular Meeting 7/18/96
PAGE 10
make a ruling as to compliance were whether there was
an adverse effect on adjacent resident and non-
residential properties; and that the setback of the
tower from surrounding properties must be such that
herght, bulk, and scale was compatible with
surrounding residential and non- residential uses. Mr.
Kilday commented that setbacl_ requirements had been
met, and that the City Council should consider the
bulk of the type of tower proposed. Mr. Kilday
presented photographs of existing towers, the closest
to the site being an existing tower located within
Palm Beach Country Estates, which he had evaluated and
used as criteria to establish that the visual sight of
a tower by the majority of the residents of Palm Beach
Country Estates would be that the tower would be
occasionally seen or not seen depending on the line of
sight and what existed between the viewer and the
tower. During his presentation, Mr. Kilday reported
that he had also evaluated a tower located near Ibis
and had determined that the tower had a minimal
effect on the community because focus tended to he on
shorter, closer structures, as was expected to be the
case for the applicant's proposed tower. Mr. Kilday
discussed when the tower would be in view and out of
City Council Regular Meeting 7/18/96
PAGE 11
view (when obstructed by trees). Mr. Kilday reported
that he had concluded that given compliance with the
rules in the ordinance and given the heavily wooded
proposed site, his conclusion was that the impact of
the tower would be negligible to the vast majority of
Palm Beach Country Estate residents. The residents on
the west side of 69th Drive would be affected
differently since their lots afforded a view of the
lowland area, and those who had pine trees in their
back yards probably would not see the towers, while
whose who had removed their pine trees would probably
see the top of the tower although it would be the
equivalent of three football fields in the distance.
Mr. Kilday stated he had therefore concluded that
this would be a compatible use. In response to
questions from Councilwoman Monroe, Mr. Kilday
clarified the location from which photographs used in
his presentation had been taken and further discussed
sight possibilities regarding the proposed tower. Mr.
Fields requested and received clarification that Mr.
Kilday had not been aware that the existing cell tower
in Palm Beach Country Estates which he had indicated
was 125 feet in height, had been referred to by the
appraiser for the party who employed Mr. Kilday as 100
City Council Regular Meeting 7/18/96
PAGE 12
feet in height. Mr. Fields questioned whether Mr.
Kilday was aware that the Ibis tower pre - existed the
community, to which Mr. Kilday responded that he was
not, however, Mr. Kilday expressed his opinion that
indicated the community had not been affected.
Discussion ensued whether upcoming testimony would be
duplicitous, to which Attorney Royce responded that
testimony would not be duplicated. Roc }:y Biby,
Kimley -Horn Engineers, stated his credentials as an
engineer and responded to questions by Attorney Royce
that he had prepared the information regarding which
he would testify, that he had prepared the line of
sight analysis required by Ordinance 13 in this
matter, that he had prepared the application and other
engineering drawings that were a part of the
application and that those were a part of the material
he had distributed to the Mayor, members of the City
Council, City Clerk, and Court reporter. Mr. Biby
described the information which he had provided. Mr.
Biby referred to the requirements in the ordinance
used for the visual sight analysis, and explained how
the cross sections for lines of sight had been
developed and what they showed. Mr. Biby testified
that in no case was more than 50= of the tower
City Council Regular Meeting 7/18/96
PAGE 13
visible; and that additional cross sections had shown
that was also true from the back yards of Palm Beach
County Estates residents. Using photos of similar
type and height towers taken from similar distances,
and photographs taken in the field reflecting angle of
sight, computer photo imaging had been used to create
an accurate photograph of what the tower would look
like to the residents. The resulting findings were
that the entire tower would not be visible from any
right -of -way, and that in every case less than 50'�, of
the tower would be visible from the viewpoints in the
line of sight analysis. Mr. Biby explained that the
tower met the 110' setback from the property line, as
well as the minimum distance requirement to the
nearest boundary of any residential Toning district
equal to the greater of 500 feet or three times the
tower height. In response to Councilman Jablin's
question of the percentage of the tower visible in
view 44, Mr. Baby's response was approximately 403.
Views 45 and #6 were also discussed. Mr. Biby
explained that the software could measure the
visibility of the tower, whereupon Councilman Jablin
requested that information be provided at the next
meeting. Councilwoman Monroe questioned the amount of
City Council Regular Meeting 7/18/96
PAGE 14
vegetation would be remaining if invasive Melaleuca
were removed. Mr. Biby explained that a vegetation
inventory was conducted on site and pointed out where
those exotic trees existed. In response to
Councilwoman Monroe, Mr. Biby commented that the
entire western boundary consisted of dense pines. Mr.
Fields questioned what percentage of the trees would
be visible if the boundary trees not on the
applicant's property were removed. An exercise was
performed which indicated possibly 60 would be
visible in one of the views. During further
questioning, Mr. Fields indicated that if some trees
over which the applicant had no control lost their
branches that substantially more than 50' of the tower
would be visible, to which Mr. Biby responded that
distance played a part and that pine trees close to
residents' back yards would block half of the tower.
Attorney Royce clarified with Mr. Biby that Mr. Fields
Lad referred to view #5, which had been made at the
request of residents and which was less than the 2,000
feet required by the ordinance; and if all residents
removed the trees between their residences and the
tower, because of the trees growing behind those
trees, the drawings and photos would still be accurate
City Council Regular Meeting 7/18/96
PAGE 15
representations. Mr. Fields stated that Mr. Biby had
referred to view 44, and questioned whether if view #4
were moved to 2,000 feet that more of the tower could
be seen, to which Mr. Biby explained it would not
because more forestry would be brought into the view.
Mr. Royce clarified through Mr. Biby that two
different views had been referred to, that view #4 was
approximately 2,000 feet, that view #5 was not
required by the ordinance but had been taken in the
most open area of a canal right -of -way and not in
anyone's yard at the request of the residents, and was
less than 2,000 feet. James Sorensen, consulting
broadcast engineer with a Fort Lauderdale firm,
presented his credentials, and testified that he had
been a witness for the applicant during the formation
of the ordinance and stated that the application was
100; in compliance with the City's ordinance in regard
to radiation emission standards and the structural
tower itself. Mr. Fields stated that the residents
would stipulate compliance in those areas and there
was no need for Mr. Sorensen's testimony. It was
agreed that Commissioner Marcus could present a
witness out of order since that witness would not be
able to return to another meeting. Richard Howell,
City Council Regular Meeting 7/18/96
PAGE 16
mosquito control aerial operator for Palm Beach
County, testified to near - collisions at night with
towers without lights, and explained how avoiding
towers created a void in the spray pattern. Mr.
Howell explained that the problem with strobe lights
was that a pilot could not determine how far away the
light was, and also that they were sometimes placed
lower on the tower when they should be at the top.
Mr. Howell explained that towers over 200 feet were
required to he lit. Attorney Royce clarified with Mr.
Howell that the spraying started 30 minutes after
sundown, that it too}: three days to cover the whole
county, that the proposed tower area was sprayed
approximately eight times annually, explained the type
of chemicals used, that the chemicals could be sprayed
by truck, that the FCC maps were updated periodically,
that Mr. Howell knew the location of the towers, and
that the spray could drift 1,000 feet to 3,000 feet.
Mr. Fields questioned whether the direction of drift
could be controlled, to which Mr. Howell responded
that it could not. Mr. Howell testified that spray
from trucks was not effective compared to spray from
aircraft. Attorney Royce questioned whether Mr.
Howell could adjust a route in order to direct the
City Council Regular Meeting 7/18/96
PAGE 17
drift, to which the response was affirmative.
Discussion ensued regarding a date to continue this
hearing. Mayor Russo announced that this Public
Hearing would be continued to August 1, 1996, to be
further continued on that date, probably to August 26,
with the time and place to be announced on August 1.
No witnesses would be heard on August 1. The
applicant was requested to provide recording equipment
so that the meeting could be held in a different
location with sufficient room. Mr. Fields requested
that since he could not attend on August 1 that
another representative of Palm Beach Country Estates
be approved for that meeting. Councilman Jablin made
a motion to continue this Public Hearing to August 1,
1996 at approximately 7:30 P.M. The motion was
seconded by Councilwoman Monroe. Councilman Clark
announced that if his wife's delivery date occurred on
the meeting date that he could not attend, to which
Mr. Royce requested that in that event the hearing be
delayed. The motion carried by unanimous 5 -0 vote.
AWARDING OF BIDS
IMPACT FEE
CALCULATIONS Councilwoman Monroe made a motion to approve the staff
recommendation to award the contract for preparation
City Council Regular Meeting 7/18/96
PAGE 18
of technical methodology for impact fee preparation to
low bidder James Duncan and Associates in the amount
of $18,750. Motion was seconded by Vice Mayor Furtado
and carried by unanimous 5 -0 vote.
DEFIBRILLATOR Councilwoman Monroe made a motion to approve the staff
recommendation to award the contract for three 12 -lead
monitor defibrillators to bidder Physic- Control
Corporation in the amount of $20,000. Motion was
seconded by Councilman Jablin and carried by unanimous
5 -0 vote.
TTEMS RY MAYnR ANTI
COUNCIL THAT REQUIRE
ACTION
VICE MAYOR FURTADO vice Mayor Furtado reported that the Acting Police
Chief Dennis O'Rourke had started coaching the
softball team, which had won a championship.
MAYOR RUSSO Mayor Russo reported that he had attended a point
meeting of the School Board which had been a waste of
time.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent
Agenda as amended. Councilman Jablin seconded the
motion, which carried by 5 -0 vote. The following
items were approved on the Consent Agenda:
1. Approval of Minutes of 6/6/96 City Council
Regular Meeting.
City Council Regular Meeting 7/18/96
PAGE 19
2. Approval of Minutes of 6/20/96 City Council
Workshop Meeting.
3. Approval of Minutes of 6/20/96 City Council
Special Regular Meeting.
4. Approval of Minutes of 6/27/96 City Council
Special Regular Meeting.
5. Resolution 98, 1996 - Consideration of
Approval to Support a North County Mutual Aid
Police and Fire Consortium (NAMAC) Regional
Dispatch Center Feasihility Study.
6. Resolution 102, 1996 - Consideration of
Approval to authorize the City Manager to File
an Application Requesting a Portion of the
Palm Beach County Emergency Medical Services
Surcharge Award Program Funds.
V. Resolution 104, 1996 - Consideration of
Approval of Plat of Hickory Drive.
8. Resolution 105, 1996 - Consideration of
Approval of the Replat of Sanctuary, Tracts U-
2.
9. Resolution 106, 1996 - Consideration of
Approval of the Replat of Sanctuary, Tract 0-
6.
City Council Regular Meeting 7/18/96
PAGE 20
PTIRT TC HEARTNGS :
ORDINANCE 11, 1996 Mayor Russo stated that he would not vote on this
matter and passed the gavel to the Vice Mayor.
Councilwoman Monroe requested that in Section 2 the
word should be changed to shall in item 2; that the
period be deleted in item 9 to make one sentence; that
item 11 read as follows: Prior to C.O. for each lot,
all exotic vegetation shall be removed, and prior to
the last C.O. any remaining exotic vegetation shall be
removed; that wording in item 12 be changed from is
removed to are removed, and that the wording shall be
planted in the last line be stricken. City Attorney
Baird recommended that item 14 be changed to read as
follows: Prior to the first C.O., the applicant shall
submit for the City Attorney to review the Homeowners
Association Covenants and Restrictions, which shall
contain provisions which will allow the City to
enforce the maintenance of the landscaping pursuant to
the City Code, Vice Mayor Furtado declared the
Public Hearing open for consideration of Second
Reading and Adoption of Ordinance 11, 1996 - Approving
an Amendment to the Hidden Hollow PUD for 51 Single
Family Residential Dwelling Units and an Extension of
Time for Completion of the Development, duly
City Council Regular Meeting 7/18/96
PAGE 21
advertised 7/3/96. Hearing no comments from the
public, Vice Mayor Furtado declared the Public Hearing
closed. Councilwoman Monroe made a motion to adopt
Ordinance 11, 1996 on Second Reading by title only.
Councilman Clark seconded the motion, which carried by
unanimous 4 -0 vote. Councilwoman Monroe made a motion
to reconsider Ordinance 11, 1996. Councilman Jablin
seconded the motion, which carried by unanimous 4 -0
vote. Councilwoman Monroe made a motion to adopt
Ordinance 11, 1996 as amended on Second Reading by
title only. Councilman Jablin seconded the motYOn,
which carried by unanimous 4 -0 vote. The Deputy City
Clerk read Ordinance 11, 1996 by title only on Second
Reading.
RFSOT,UTI ONS
RESOLUTION 41, 1996 Councilman Clark reported that interviews had been
conducted with John Nedvins and Richard Masters, and
the one not appointed at this time would be strongly
considered for the next opening. After discussion,
Councilman Clark made a motion to approve Resolution
41 with the name of John F. Nedvins inserted into the
blank in Section 1. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote.
RESOLUTION 103, 1996 The City Manager provided background for Resolution
City Council Regular Meeting 7/18/96
PAGE 22
103, 1996 -- Consideration of Approval of a Developer's
Agreement with Catalfumo Company. Attorney Baird
recommended the following additional language be added
in paragraph 12 entitled Amendments: In the event
staff determines the owner is diligently following
through within 90 days of a;ecuticn of this agreement,
the City may amend the agreement to reflect the
conditions and expectations of the parties at that
time. Councilman Clark made a motion to approve
Resolution 103, 1996 with the amendment read into the
record by the City Attorney, Councilman Jablin
seconded the motion, which carried by unanimous 5 -0
vote. In response to questions by Jeff Lis, City
Attorney Baird explained the procedure to be followed
in this matter.
RESOLUTION 107, 1996 Councilman Clark made a motion to insert the name of
Leslie A. Ferris into the blank in Resolution 107,
1996 as a member of the Board of Trustees of the
Police Officer's Pension Fund. Vice Mayor Furtado
seconded the motion, which carried by unanimous 5 -0
vote.
ORDINANCES
ORDINANCE 13, 1996 Councilman Clary made a motion to place ordinance 13,
1996 - Adopting and Enacting a New Code for the City
City Council Regular Meeting 7/18/96
PAGE 23
of Palm Beach Gardens, on First Reading by title only.
Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote. The Deputy City Clerk read
Ordinance 13, 1996 on First Reading by title only.
ORDINANCE 14, 1996 Following comments by Planning and Zoning Director
Walton on Ordinance 14, 1996 - Approving an Amendment
to the Comfort Inn (Garden Suites Hotel) Planned Unit
Development (Consideration of First Reading and
Workshop), discussion ensued regarding definition and
enforcement of guest parking. Attorney Mitch Safer,
Crawford and Fields, attorney for the Petitioner,
introduced others present on behalf of the Petitioner.
Attorney Safer reviewed the Petitioner's request and
explained that the hotel would be run by occupancy and
that meetings of local groups would not be necessary.
Donaldson Hearing explained that the ratio of proposed
meeting room space was much less than at a hotel such
as the Marriott, and that a traffic study at the
height of the season had indicated that from 8 A.M.
until after 9 P.M. no more than 50; of the parking lot
was occupied, and highest occupancy was at 2 A.M. when
all hotel guests were in their rooms. Discussion
ensued regarding how to resolve the problem. Comments
by City Council members included a suggestion that the
City Council Regular Meeting 7/18/96
PAGE 24
building be redesigned with a second story to provide
more parking, or that the size of the meeting room be
reduced so that it would clearly only be used for
small meetings by hotel guests. It was the consensus
of the City Council to delay further action on this
matter to an upcoming meeting.
CITY MANAGER City Manager Herakovich announced upcoming union
discussions, which were scheduled for July 24. The
City Manager reported that detailed .information
regarding the referendum would be provided to the City
Council; and announced a CAN meeting on July 29. The
City Manager announced that two baseball teams would
represent the City at the regional level, and could
then go to state and national levels. City Manager
Herakovich stated a member of one of the teams had
requested a $500 donation, which the Council denied.
CITY ATTORNEY City Attorney Baird updated the City Council on
current cases.
ORDINANCE 15, 1996 Councilman Clark made a motion to place Ordinance 15,
1996 - Amending Section 159.029 of the Palm Beach
Gardens Code Land Development Regulations - on First
Reading by title only. Councilman Jablin seconded the
motion which carried by unanimous 5 -0 vote. The
Deputy City Clerk read Ordinance 15, 1996 on First
City Council Regular Meeting 7/18/96
PAGE 25
Reading by title only.
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 11:19 P.M.
APPROVAL
MAYOR JOE RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
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COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
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before completing ,he revere side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective :ounty, municipal, or other local public office N1L'ST .-XBST IN from, oting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
in either case, you should disclose the conflict:
PRIOR TO THE COTE BEING TAKEN by publicly stating. to the as.embly the nature of your interest in the measure on
which you are abstaining from voting: and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive :ounty, municipal, or other local public office `1UST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
1 HE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly a( the meeting prior to consideration of the matter in which you have a ,ontlict of interest.
F 64 N - It C
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
p n DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. J �°S (� 4� ` S'`� , hereby disclose that on -7 I Z . 19 g_(
(a) A measure came or will come before my agency which (check one)
�nured to my special private gain; or
inured to the special gain of . by whom I am retained.
(b) The measure before my agency and the nature of my interest inL the measure is as follows:
cj
' � v . '-"j -
Date Filed i a ure
i
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, RE.N10VAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 88 . 141 PAGE 2