HomeMy WebLinkAboutMinutes Council 110493CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
NOVEMBER 4, 1993
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 Monroe, Councilwoman Furtado, and
Councilman Clark. Councilman Jablin arrived at 7:50 p.m.
ITEMS BY THE CITY MANAGER
The City Manager introduced Jim Waldron, Human Resource
Director, who started his employment with the City on
November 1, 1993.
The City Manager stated the residents of Siena oaks and
the developer have signed an agreement on the landscaping
berm.
The City Manager reported that the Space Allocation
Committee would be making a presentation at the next
Regular Council meeting. The City Manager requested
$100,000 to be taken from the last fiscal year budget
be set aside for seed money for remodeling of city
buildings. The City Manager stated that if it was not
set aside the money would have to go back into the
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 2
reserve fund. It was the consensus of the City Council
to not approve encumbering the monies at this time,
feeling that the money would be in reserve and available
in the future if the need should arise.
In response to the City Manager, it was the consensus of
City Council to not permit Palm Beach Community Church to
appear before the City Council before they have completed
their approval /disapproval with the Planning and Zoning
Commission.
The City Manager thanked The Gardens Mall for their
community participation in Halloween. The City Manager
further reported that the Cityfs Country Western Hoedown
was well attended and supported by the community.
ITEMS BY THE MAYOR AND CITY COUNCIL
Councilwoman Furtado Councilwoman Furtado stated the Military Task Force
Committee has requested to be put on the next City
Council agenda for a presentation regarding options
submitted by Palm Beach County. The Task Force will
meet next Wednesday.
Councilwoman Furtado reported she was involved in a
press conference today referencing the problems in the
schools and trying to involve the parents and the
business community. Councilwoman Furtado discussed
safety factors and the various problems resulting from
the lack of safety constraints.
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 3
Councilman Jablin
Councilman Jablin reported on a meeting of the City's
Landfill Committee where John Kahn of the DEP discussed
the Dames & Moore Study. The Committee has requested
additional time to do a sufficiency study that would take
2 -6 months.
Councilman Jablin stated he met with people from PGA
National, Caloosa and PBIA to discuss the noise
monitoring system for the new Northern Palm Beach
County General Aviation Airport. Councilman Jablin
reported that the airport would be open some time in
April.
Mayor Russo stated he also met with the above people
regarding the airport in an effort to coordinate the
opening weekend ceremonies. Mayor Russo pointed out
that the City has an Interlocal Agreement regarding
the airport whereby anytime the airport waivers from
provisions of this agreement they must first receive
the approval of the County Commission and the City
Council.
Mayor Russo In response to a concern expressed by Mayor Russo,
City Manager Herakovich will write a letter to the
County requesting reasons for delays in the install-
ation of the traffic signal at Gardens East Drive and
Burns Road.
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 4
Mayor Russo stated he was also concerned with the
Ryder Cup Boulevard /PGA Boulevard traffic light and
requested the City Manager include this concern in
her letter.
In response to the Mayor, the City Manager stated
that the final touches are being done to the Request
for Proposals for the City's Golf Course.
Mayor Russo stated that there was a private
individual that is doing something with our golf
course, however, he did want to remain confidential
at this time. Mayor Russo felt that through this
individual and his negotiations with the County there
should be some sort of resolution in the next 30-
60 days that will benefit the City.
Mayor Russo suggested there be coordination with
various religious beliefs regarding lighting and
decorations for the holidays. The City Manager
suggested a holiday lighting without reference to
any religion. The City Manager would work with the
City Attorney regarding legalities of holiday
decorations.
COMMENTS FROM THE PUBLIC
Sam Carsillo Sam Carsillo, resident of Palm Beach Gardens,
addressed the City Council regarding train whistles,
sidewalks for the library, and walkway at the under-
CITY COUNCIL REGULAR MEETING, 1114193 PAGE 5
pass on Burns Road.
CONSENT AGENDA Vice Mayor Monroe requested Items 3 and 6 be removed
for minor corrections. Mayor Russo stated that Item
2 also would be pulled for discussion.
Vice Mayor Monroe made a motion to approve the remainder
of the consent agenda, seconded by Councilman Clark.
Motion was unanimously carried. The following items
were approved on the consent agenda:
1. Approval of minutes of the 10/21/93 Regular Meeting.
2. Resolution 130, 1993 - Approval of landscaping for
BallenIsles Construction Entrance.
3. Resolution 131, 1993 - Approval of Lake Catherine
Landscaping Modification.
Resolution 128, 1993
Vice Mayor Monroe requested that Resolution 128, 1993,
be amended as follows: 2nd WHEREAS, second line,
change the word "change" to "chance ".
Vice Mayor Monroe made a motion to approve Resolution
128, 1993, as amended; seconded by Councilman Clark.
Motion was unanimously carried.
Festa Italiana Nick Lioce, attorney for Festa Italiana, addressed
the City Council, detailing the approval process that
the festival has been through. Mr. Lioce stated they
met with CAN president, Milton Stern, and the Mayor.
Mr. Lioce stated he has submitted the list of rides
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 6
and games and showed pictures of same to the City
Council.
Mr. William Foley, PGA National POA President, addressed
the City Council requesting the following conditions
as stipulations to the approval:
1. North Ryder Cup Boulevard gates be closed for
ingress /egress during the evening of Thursday,
11/25 through Sunday 11/28/93.
2. Off street parking be prohibited on the south side
of PGA Boulevard from the C -18 Canal to the
Turnpike entrance.
3. Sponsor be responsible for litter control on a
continual daily basis.
4. City insureance require repair of property damage
for proper;ty maintained by the POA.
5. City require towing servic be on site during hours
of the event.
6. Sponsor be required to put in appropriate signage
for parking, detailing gate closings, etc.
7. Ryder Cup Boulevard not be used for through traffic,
delivery of equipment, etc., prior to or after the
event and that this prohibition be enforced.
Mr. Lioce stated they were willing to address of all
Mr. Foley's concerns, and that some of them were already
addressed.
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 7
Mr. Sam Carsillo, resident of Palm Beach Gardens,
suggested alternative sites for the festival, such as
the Lake Catherine sports complex and the same location
on Northlake Boulevard that will be used by the circus.
Pat Fox, resident of Palm Beach Gardens, addressed the
City Council stating her concerns with lighting for
the event, traffic on PGA Boulevard and safety.
Milton Stern, resident of Palm Beach Gardens and
president of CAN, addressed the City Council expressing
his concerns and dissatisfaction with the proposed
event. Mr. Stern stated that he could not approve of
the proposed event even though he has had numerous
meetings with the applicants. Mr. Stern did not feel
the applicant has addressed all concerns satisfactorily.
Mayor Russo stated that while a couple of weeks ago he
uncomfortable with the event, he is now comfortable that
this would be a family event.
Councilman Jablin felt the applicant needed to take
precautions that people do not park along internal
Ryder Cup Boulevard and to put adequate signage on
Tournament Drive to let people know that Ryder Cup
Boulevard is closed.
Vice Mayor Monroe requested that all signed contracts,
including insurance, be on file with the City before
CITY COUNCIL REGULAR MEETING, 1114193 PAGE 8
the event. The City Manager stated that most of the
required contracts are already on file, however, the
towing contract is something that was discussed just
a few days ago and needed to be on file as soon as
possible. The City Manager stated that the applicant
has already received City Council approval, however,
needed to follow proper procedures, present new
documents added to the list this evening and continue
meeting with City staff to finalize plans. Once all
procedures and documents have been received the
applicant will receive his temporary permit.
Vice Mayor Monroe made a motion to approve the list
of games and rides as submitted by the applicant;
seconded by Councilwoman Furtado.
Mayor Russo stated he voted against this event two
weeks ago and would be voting against it tonight.
Mayor Russo stated he felt comfortable that this was
going to be a family event, however, three weeks away
from the event he still has bad feelings about the
event. Mayor Russo stated that he was disappointed
that Mr. Carillo did not call Mr. Foley as the Mayor
suggested.
The motion passed with a vote of 4 ayes and 1 nay,
with Mayor Russo casting the nay vote for reasons
previously stated.
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 9
PUBLIC HEARINGS:
ordinance 21,1993 Richard Walton, Plannning & Zoning Director, briefed
the City Council on plans for Ordinancce 21, 1993,
creating a Planned Unit Development known as "Bent
Tree ", consisting of 185 single - family detached and
zero lot -line residential homes. Mr. Walton
expressed concerns with sidewalks only being proposed
on one side of the roads in this subdivision, however,
felt that the City's guidelines suggest sidewalks on
both side of the road. Mr. Walton also expressed
concern with the build -out date, stating that the
date referenced was one that was included in the
applicant's traffic study.
A discussion ensued regarding "build -out" and the
number of years to complete the project. The City
Council directed that Section 6 of Ordinance 21,
1993, be amended to include the following sentence:
The infrastructure shall be completed within four (4)
years from effective date of this Ordinance. The
Petitioner, for good cause shown, may obtain an
extension of two (2) additional years to complete
the infrastructure shown by approval by subsequent
Resolution, without necessity of advertisement or public
hearing."
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 10
Section 3 of Ordinance 21 was amended to change
the recreational impact fee in equal installments
of $86,010.00 to read 11$120,000.00 and $60,020.00,
respectively. Another sentence was added to the end
of Section 3 that should read "All Impact Fees in
place at the time of the first building permit shall
be paid at that time."
Mayor Russo declared the Public Hearing open, which
was duly advertised 10/20/93 and held on the intent
of Ordinance 21, 1993, creating a PUD known as "Bent
Tree" consisting of 185 single - family detached zero -lot
line residential homes. There being no comments from
the public, Mayor Russo declared the Public Hearing
closed.
Per a unanimous vote of the City Council the City Clerk
read Ordinance 21, 1993, as amended, by title only, on
second and final reading.
Vice Mayor Monroe made a motion, seconded by Councilman
Clark, to approve Ordinance 21, 1993, as amended.
Motion was unanimously approved.
Ordinance 22,1993 Mayor Russo declared the Public Hearing open, which was
duly advertised 10/20/93 and held on the intent of
Ordinance 22, 1993, creating a PUD known as "The
Sanctuary ", consisting of 184 single- family detached
zero -lot -line residential homes. There being no comments
CITY COUNCIL REGULAR MEETING, 11 /4/93 PAGE 11
from the public, Mayor Russo declared the Public Hearing
closed.
The Council directed that Ordinance 22, 1993, be
amended as follows:
Section 3, add the following sentence: "All impact fees
in place at the time of the first building permit shall
be paid at that time."
Page 4, #10, change "four (4)" to "five (5) ".
Section 6, add the following sentence:
"The infrastructure shall be completed within four (4)
years from effective date of this Ordinance. The
Petitioner, for good cause shown, may obtain an extension
of two (2) additional years to complete the infra-
structure shown by approval by subsequent resolution
without necessity of advertisement or public hearing.
Per a unanimous vote of the City Council, the City Clerk
read Ordinance 22, 1993, by title only on second and
final reading.
Vice Mayor Monroe made a motion, seconded by Councilwoman
Furtado, to approve Ordinance 22, 1993, as amended. The
motion was unanimously carried.
Resolution 127,1993 Mayor Russo declared the Public Hearing open, which was
duly advertised 10/20/93 and held on the intent of
Resolution 127, 1993, granting a conditional use of a
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 12
security apartment at Palm Beach Gardens Business Park.
There being no comments from the public, Mayor Russo
closed the Public Hearing.
Vice Mayor Monroe made a motion to approve Resolution
127, 1993, seconded by Councilman Clark. Resolution
127, 1993, was unanimously approved by the City Council.
RESOLUTIONS:
Resolution 134.1993 Vice Mayor Monroe stated for the record that she would
not be participating in the discussion or the vote for
Resolution 134, 1993, as she had a conflict of interest
because she is a member of the Board of Directors for the
Palm Beach Gardens Medical Center.
Rich Walton, Planning & Zoning Director, addressed the
City Council re: Resolution 134, 1993, approval of Good
Samaritan Medical Complex. Pursuant to a discussion with
the Petitioner, the City Council directed that Resolution
134, 1993, be amended under section 3, #1, line 2, change
1118- month" to 1124- month" and adding the following words
to the end of the first sentence: "with a two (2) year
extension with good cause shown."
Section 5, shall include the following sentence: "All
impact fees in place at the time of the first building
permit shall be paid at that time."
Councilman Clark made a motion, seconded by Councilwoman
Furtado, to approve Resolution 134, 1993, as amended.
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 13
Resollution 134, 1993, was approved by 4 affirmative
votes of the City Council. Vice Mayor Monroe abstained
because of reasons previously mentioned.
Resolution 135.1993 Vice Mayor Monroe made a motion to approve Resolution
135, 1993, approval of flexible benefits plan, seconded
by Councilwoman Furtado. Resolution 135, 1993, was
unanimously approved by the City Council.
Resolution 136,1993 In response to Vice Mayor Monroe, the City Manager
stated that Section 6.02 of Page 7 of the Agreement
should be totally deleted, leaving 6.02 marked
"Reserved ". Councilman Clark requested Section
8.09 on Page 11 be corrected to read "Rights or
Remedies" instead of "Right of Remedies ", including
the same reference in line three of that section.
Vice Mayor Monroe made a motion to approve
Resolution 136, 1993, with the amendments to the
agreement as outlined above, seconded by Councilman
Clark. Resolution 136, 1993, was unanimously approved
by the City Council.
ITEMS FOR DISCUSSION
Comfort Inn Rich Walton, Planning & Zoning Director, addressed the
City Council outlining a request from Comfort Inn for
a one year extension for the completion of the building
facade. The City Council expressed no concern with
this request and directed staff to prepare the necessary
CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 14
documentation.
Prosperity Oaks Signaae
Sara Lockhart of Urban Design Studio addressed the City
Council regarding a request for additional signage at
Prosperity Oaks. The City Council expressed no concerns
regarding this request and directed that the necessary
documents be prepared.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 11:10 P.M.
CITY COUNCIL REGULAR MEETING, 11/4/93 0M 15
APPROVAL: ;
MAYOR JOStM RUSSO
COUNCILWOMAN LAUREN FURTADO
I
, fir.
CO CILMAN DAVID CLARK y
ATTEST:
ICFfiDk V. KOSIER, CMC, CITY CLERK
FORM
8B MEMORANDUM
OF VOTING CONFLICT FOR
COUNTY,
MUNICIPAL,
AND OTHER LOCAL PUBLIC OFFICERS
IASI NAMI IIRSI NAhil
MIDDIPNAMF.
ME OF BOARD. ' OIIN (11..COMMISSION,AU'1110RI1Y.OR 'OM MIT EE
MAILINU ABURT SS
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'I WHOARD. COUNC'II_ COMMISSION, AU1 HORIiY OR COMM 141 EE ON
wHl H I SERVE IS A UNITOF:
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CIl'Y O COUNTY O OTHER LOCAL AGENCY
CRY
COUNTY
4117? I-i-xch
DATE. ON WHICH VO1 E OC URRED
NPE OF POLITICAL SUBDIVISION:
MY POSITION IS:
WHO MUST FILE FORM 88
ELECTIVE O APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST 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.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly 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 county, municipal, or other local public office MUST 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
THE 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 at the meeting prior to consideration of the matter in which you have a conflict of interest.
CE FORM 8B- 1 -91 PAGE 1
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 min
of the meeting, who should incorporate the form in the minutes.
/'j'J DISCLOSURE OF LOCAL OFFICER'S INTEREST Q
® "®NRO6 , hereby disclose that on I _ , 19 (�
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or �!
inured to the special gain of &A4-7. d-vite57 by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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Date Filed
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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 FOLLOWINQA
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B- IA1 PAGE 2
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pEtj OA-1
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Date Filed
ignature
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 FOLLOWINQA
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B- IA1 PAGE 2