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HomeMy WebLinkAboutMinutes Council 102193CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS OCTOBER 21, 1993 7:30 P.M. 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, Councilman Jablin, and Councilman Clark. Councilwoman Furtado arrived at 7:58 P.M. JPRESENTATIONS Certificates were presented by Mayor Russo to Police Officers Richard Facchine and David O'Neal who were promoted to Lieutenant, and to Police Officers Robert Artola and Al Hallonquist who were promoted to Sergeant. Ronnie Blackshear, Senior Planner for the Metropolitan Planning Organization of Palm Beach County spoke concerning the Local Transit Service Feasibility Study they conducted for the cities of Palm Beach Gardens, Boca Raton, Delray Beach, Boynton Beach, Riviera Beach, and Jupiter. Consultant Cliff Hayden stated that the two objectives of the study were to look at existing CoTran systems to see if there were possible route changes that would serve the cities better; and in conjunction with 0 COUNCIL REGULAR MEETING, 10/21/93 PAGE 2 that to determine whether a new circulator system in addition to the one being operated by CoTran would be advantageous. Three recommendations were made to improve service within the City with little or no increase in cost until such time as the new service offered by CoTran would be implemented. 1) Rerouting CoTran route 1 -C to provide service from West Palm Beach to Jupiter via Federal Highway with deviation at PGA Boulevard both north and south to Gardens Mall. 2) Implementation of a new route originating at the Senior Citizens Service Center on Northlake Boulevard, north on Military Trail, east on Holly Drive, north on Gardens East Boulevard, through the Community College to Gardens Mall, then east via Florida Boulevard and Prosperity Farms Road, terminating at Donald Ross Road and connecting with modified route 1 -C at both the Gardens Mall and at Gardens East Shopping Center. 3) Provide para- transit service using one lift -- equipped van or mini- bus to serve only City residents with trip demands of both origin and destination within the City limits which would be funded by either contracting with the private sector or through City resources. Councilwoman Furtado suggested inclusion of the Northcorp /Loehmann's Plaza area on one of the bus routes being considered. ITEMS BY THE TY MANAGER At the request of City Manager Herakovich, it was the COUNCIL REGULAR MEETING, 10/21/93 ITEMS BY MAYOR AND CITY COUNCIL Councilwoman Furtado PAGE 3 consensus of the Council that preliminary interviews for City Attorney be scheduled for Tuesday, November 9. The City Manager would then conduct reference checks and followup and the final selection would be made by the Council at the December 2, 1993 Council Meeting. Councilwoman Furtado recommended each Council member "adopt" a Palm Beach Gardens school and attend their adopted school's PTA meeting once a month as a liason to keep the Council informed of that school's problems. Councilwoman Furtado will bring to the Council a list of dates when these PTA organizations meet. It was the consensus of the Council that flex time would be offered to city employees so they would be able to attend their child's school for parent - teacher conferences, etc. Councilwoman Furtado announced that SAC, a newly formed group for the improvement of schools, will meet November 1, 1993, at the high school, and requested attendance by representatives from the Palm Beach Gardens business community. Councilwoman Furtado commended William Upshaw of the Mariott Hotel, who has donated use of the Mariott and free soft drinks to Palm Beach Gardens High School for their Homecoming dance, so that the school only has to furnish a disk jockey and decorations. Councilwoman COUNCIL REGULAR MEETING, 10/21/93 PAGE 4 Furtado reported the Task Force for the PGA Boulevard and AlA flyover are now in the environmental site design stage of development, and this project has been moved to number one priority on the Palm Beach County Metropolitan Planning Organization list for implementation, which will relieve much of the current congestion caused by traffic stopping for trains. Councilwoman Furtado reported her opposition to proposed spending of $200,000 to $500,000 per railroad crossing for improved barrier arms which would completely cover the intersection. The consensus of the Council was to accept Councilwoman Furtado's recommendation to write a letter to the Florida State Legislature stating local municipalities should again be able to designate quiet zones with no train whistles between the hours of 10 p.m. and 6 a.m. in residential neighborhoods if lights and barrier arms exist at an intersection. It was Councilwoman Furtado's suggestion that Lighthouse, Burns and PGA Boulevard train crossing intersections be designated as a quiet zone if this rule could be reinstated. Vice Mayor Monroe Vice Mayor Monroe stated that the Palm Beach County Planning Forum Steering Committee would be working to put groups together to work on education problems. Councilman Jablin At the next formal meeting of the City Council, Councilman Jablin will bring to the Council a COUNCIL REGULAR MEETING, 10/21/93 PAGE 5 recommendation from the new Landfill Committee for a new name for the Committee which would more accurately reflect the 3 areas of concern this committee will handle: 1: Landfill, 2: Lilac Street water fields from Seacoast, and 3: concern for clusters of cancer in this area. A Solid Waste Authority representative gave the Landfill Committee an overview of The Dames and Moore study. This study is only data and the Landfill Committee is dedicated to getting opinions as to what conclusions should be drawn from the data from various sources as well as from the DEP, which is the regulatory agency. A letter was received from the President of the Palm Beach Gardens Association which is concerned with cancer clusters. Mayor Russo Mayor Russo stated he will meet with the County Commissioners the first week in November regarding the golf course. City Manager Herakovich stated a completed RFP should be received back from PGA tomorrow. Mayor Russo stated he would like things finalized and in operation by the last week in November. COMMENTS FROM THE PUBLIC Sam Carsillo Sam Carsillo stated, regarding the reinstatement of the 1982 legislation which allowed local municipalities to control the train whistles within their city boundaries, he would get together with the City Manager to send a COUNCIL REGULAR MEETING, 10/21/93 PAGE 6 letter to the Federal Railroad Administration in Washington, would write to his senators and congressmen on behalf of labor, and would contact the rest of the unions to form a coalition to also send letters. Councilwoman Furtado stated the MPO is also writing a letter as a governing body, and she requested that individual municipalities also write letters. Mr. Carsillo stated that Railroad Consultants, Inc. is experimenting with a prototype automated horn system, and he has asked the union secretary to send them a letter requesting information. However, the Federal Railroad Administration and the Florida East Coast Railroad are not prepared to endorse this system until more experimentation is completed. When that report is received, Mr. Carsillo will report the results to the City Council. Mr. Carsillo also stated he spoke to Jerry Brown regarding the need for sidewalks at the proposed library location behind the court house on Campus Drive. Mayor Russo stated a letter would be written to Mr. Brown to see if money is available for these sidewalks. Mr. Carsillo stated at the sidewalk underneath the I -95 underpass on Burns Road there is a palm tree that needs to be removed, the stripes are wrong and the sidewalk needs to be behind the column. Mr. Carsillo offered to COUNCIL REGULAR MEETING, 10/21/93 PAGE 7 take the City Engineer to this location to show him the problem. CONSENT AGENDA Vice Mayor Monroe made a motion to approve Consent Agenda item 3 proclaiming 11/7- 11/13/93 as "Key Club Week" and item 4 proclaiming 10/23- 10/31/93 as "National Red Ribbon Week ". Motion was seconded by Councilwoman Furtado and unanimously approved. Councilman Clark made a motion that the minutes of the 10/7/93 City Council Meeting be changed under Items for Discussion "The Sanctuary PUD": change the sentence beginning "It was decided to provide access to Fire /Rescue........." to read "It was decided to explore providing access to Fire /Rescue........ ". Motion was seconded by Councilwoman Furtado and unanimously approved. Motion was made by Vice Mayor Monroe to change the minutes of the 10/14/93 City Council Meeting as follows: to change "palms" to "trees" on page 2; to change "Woodberry Lakes" to "Gardens of Woodberry" on page 2 and to change "....existing trees that have been trimmed in other than the normal shape...." to ".... existing trees that have been trimmed in a rectangle shape....". Motion was seconded by Councilman Clark and unanimously approved. Resolution 124, 1993 Motion to approve Resolution 124, 1993 for the COUNCIL REGULAR MEETING, 10/21/93 RESOLUTION 125, 1993 PAGE 8 appointment of a Human Resource Director and a Finance Director and salary and fringe benefits was made by Councilman Clark, seconded by Councilman Jablin. City Manager Herakovich stated Kent Olsen will begin employment on November 18 and Jim Waldron will begin employment on November 1. In response to a question by Councilwoman Furtado, City Manager Herakovich explained the concept of central purchasing, and that the Finance Director would address purchasing concerns such as doing the best possible job in getting competitive bids, and would make sure that contracts are reviewed to save as much money as possible. The City Manager also stated that the organizational structure for all Departments is presently being reviewed, and that changes would be made where needed. Vice Mayor Monroe stated her concern that no salary adjustments should be made in these positions. Motion then passed unanimously. It was the consensus of the Council to approve Resolution 125, 1993, appointing Vice Mayor Monroe as a member and Councilwoman Furtado as an alternate for the Northern Palm Beach County /South Martin County Planning Forum Implementation Steering Committee. Vice Mayor Monroe's appointment was conditioned with the stipulation that she would continue the appointment until she felt she could COUNCIL REGULAR MEETING, 10/21/93 PAGE 9 no longer serve, and at that time Mayor Russo would fill the appointment. Motion to approve was made by Councilman Jablin and seconded by Councilman Clark. The motion was unanimously approved. RESOLUTION 126, 1993 After a discussion of the necessary qualifications of a resident to serve as a member of the Northern Palm Beach County /South Martin County Planning Forum Implementation Steering Committee, motion was made by Councilman Clark to approve Resolution 126, 1993 with Dr. Milton Stern as the resident member, seconded by Councilwoman Furtado, and unanimously approved by the City Council. .RESOLUTION 127, 1993 Vice Mayor Monroe made a motion to approve Resolution 127, 1993, Granting a Conditional Use of a Security Apartment at the Palm Beach Gardens Business Park. Motion was seconded by Councilman Clark and unanimously approved by the City Council. RESOLUTION 128, 1993 After a lengthy discussion, Resolution 128, 1993, approval of Special Event Application for Northern Palm Beaches Chamber of Commerce Circus 11/17 - 11/21/93, was tabled for next meeting. Louis Kerstin of 302 Sun Terrace Court, a member of the Lake Catherine Homeowners Association, spoke for himself and for the neighborhood COUNCIL REGULAR MEETING, 10/21/93 PAGE 10 and stated that residents of the neighborhood were not aware of the circus or that it would be located virtually in their backyards since the site submitted for approval was the northwest corner of Northlake Boulevard and MacArthur Boulevard; that their homeowners association needed to be sent a letter stating the type of circus, the number of shows, the expected attendance, the number of cars and where they would be parked, and the anticipated noise level. He stated that approximately 50 families live adjacent to the proposed circus site. Fred Suprey of Lake Catherine also gave his opinion that the other residents did not know about the circus. Dave Talley, Executive Director of Northern Palm Beach Chamber of Commerce, spoke concerning how the site had been selected. He will meet with the Lake Catherine Homeowners Association and try to work out the concerns of the residents. It was the consensus of the Council to table Resolution 128, 1993, to be discussed again either at next week's Workshop meeting or in two weeks at the next regular meeting of the City council, and that if the residents' concerns cannot be solved, then the Council would not vote in favor of the location. vice Mayor Monroe requested that Rich Walton look into the land west of Gardens Mall to see why it is no longer available for such events, and Mr. Talley will also look into alternate COUNCIL REGULAR MEETING, 10/21/93 PAGE it locations. Mayor Russo stated the City Council would work with concerned parties to find a solution to the problem. RESOLUTION 129, 1993 The City Council discussed Resolution 129, 1993, Approval of Special Event Application for Festa Italiana. Mayor Russo expressed his concern that the proposed types and numbers of rides and games of chance would make the atmosphere of this festival similar to the South Florida Fair carnival atmosphere, which he felt was inappropriate within the City of Palm Beach Gardens. Randy Carillo, President of Morgan Entertainment, stated the contractor for the rides felt the were rides appropriate for a family type festival and not a fair. Mr_ Carillo stated that festival hours had been worked out with CAN, that advertising would not mention Ryder Cup Boulevard and that patrol officers would be stationed at the entrance to Ryder Cup Boulevard to direct cars into the parking area and not into Ryder Cup Boulevard and, when exiting, cars would be directed away from Ryder Cup Boulevard. Mayor Russo expressed the desire that this event should be worked out to the satisfaction of all parties in order to be able to hold similar events in the future on this same site. Mr. Carillo stated that volunteers from LEAF, Law Enforcement Assistance Foundation, a group of COUNCIL REGULAR MEETING, 10/21/93 PAGE 12 community leaders that raises funds throughout the year for police officers who have been hurt in the line of duty or for the families of officers who have been killed in the line of duty, would be selling beer and would follow rules and regulations for doing so; The Arts People of Jupiter Tequesta would provide 50 to 100 arts and crafts booths, and their proceeds would be used to run their organization and to provide scholarships. DARE, a non - profit organization, would receive 20 cents on each ticket, and MacArthur Foundation would also give a percentage of their lease proceeds back to the DARE program. Entertainment will be provided by Italian artists and Italian music will be played. Games of chance outlined by Mr. Carillo were basketball shoot, softball and milk cans, shoot out star bb guns, pinball derby race, shoot at water balloons, star dart, balloon dart. Rides includes flying bobs, fun house, roloplanes, giant ferris wheel, merry -go- round, sizzler, and spider all of which would be 25 -35 feet in height, except the giant ferris wheel which would be approximately 45 feet high. Mr. Carillo pointed out that surrounding trees are approximately 65 feet high so that residents would not be able to see rides from their homes. Milton Stern, representing CAN offered his oppositions to the proposed Festa Italiana. (Copy of comments attached.) COUNCIL REGULAR MEETING, 10/21/93 PAGE 13 Councilwoman Furtado expressed her concern that we need to provide for Palm Beach Gardens teenagers, as well as the young children. Attorney Nick Lioce, representing Festa Italiana, stated he had followed the directions of the Counci. Mayor Russo expressed his feeling that if the council gave approvals at the meeting when he was not there then the council should honor that. Councilwoman Furtado stated her belief that the council had intended that the promotor was to go forward. Since the residents of PGA need to be notified and their views need to be made known, Festa representatives will meet with CAN and try to work out their concerns. However, the City Council will be the final arbitrator. At the suggestion of City Attorney Baldwin it was the consensus of the Council to add to the contract a new Paragraph 9 which would state "On or before November 4, 1993, Morgan Entertainment, Inc. shall present a list of rides, sizes of rides, and the games of chance, and secure the approval of the City Council." Thereupon, Vice Mayor Monroe made a motion to approve Resolution 129, 1993 and to include the revisions of the contract as read into the record by Attorney Baldwin. Motion was seconded by Councilman Clark. Councilman Jablin stated his position of voting for the resolution because he felt the contract as written would give the City Council the ability to COUNCIL REGULAR MEETING, 10/21/93 —ORDINANCES ORDINANCE 21, 1993 PAGE 14 govern the types and sizes of rides and the games of chance in the future and he would like to create an attitude of having an excellent event so they will be invited back next year. Mayor Russo stated his position that he also wanted to have an excellent event and to see them come back next year, however, since he was not at the original meeting in August and not involved in that discussion, he did not feel comfortable in voting for the Resolution without knowing the types and sizes of the rides and the types of games of chance. Motion passed 4 to 1 with Mayor Russo voting nay for reasons previously mentioned. Motion was made by Vice Mayor Monroe that ordinance 21, 1993 be placed on first reading by title only, seconded by Councilwoman Furtado. Bristol Ellington stated there were 2 further conditions since the Planning and Zoning Commission recommended approval. Mayor Russo asked that the motion and second be withdrawn in order to go through the changes. Motion and second were withdrawn. Mr. Ellington stated condition 8, which in the resolution is now a section, not a condition, deals with the amount of money for recreational impact fees. That figure has been reduced in order to reflect the reduction in the number COUNCIL REGULAR MEETING, 10/21/93 ORDINANCE 22, 1993 PAGE 15 of residential units proposed from 200 to 185. Condition 10, pertaining to effort to preserve trees located on lots next to preserve areas and common areas, was revised to include the area adjacent to the 50 -foot easement along the eastern property line adjacent to the Shady Lakes subdivision. He suggested page 9 of the ordinance which called for completion by a date certain be changed to reflect the City Council's adoption of Resolution 2, 1993 which no longer required the entire development to be completed by a date certain. Mr. Ellington suggested that the language stating "all development" be changed to state that all infrastructure and common improvements must be completed by a date certain, or bonded. After discussion, it was the consensus of the Council that staff work with City Attorney Baldwin to change the language concerning these items and incorporate minor changes for clarification. Per a concensus of the City Council, the City Clerk read by title only on first reading, Ordinance 21, 1993, creating a PUD known as "Bent Tree ". Per a concensus of the City Council, the City Clerk read on first reading by title only, Ordinance 22, 1993, creating a PUD known as "The Sanctuary ". COUNCIL REGULAR MEETING, 10/21/93 PAGE 16 ITEMS FOR DISCUSSION COMFORT INN Since no representatives of Comfort Inn were present, this item was removed from the agenda. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:06 P.M. APPROVAL l(AY J SEPH R. RUSSO VIC =��l NROF� r C LIP' COUNC ,.I } OMAN LAUREN FUnADO COUNCILMAN DAVID CLARK ATTEST: / _,,LINDA V. KOSIER, CM , CITY CLERK Verbatim of 10/21/93 City Council Minutes Festa Italiana (Property Owner Approval Discussion) Requested by Councilwoman Furtado Mayor Russo - Milt expressed his concern and I'm just going to reiterate what he said over the way that they put the press release out and so forth which Randy said was a mistake all these different things. Look I always say that communication is the biggest problem that anybody ever has. I just think with this festival right now we don't have any communication, you told to go talk to CAN poor Milt found out about it a day and a half ago. He's trying to get a fix on things so he can go to the rest of the members of CAN or the rest of the members of PGA and say this is what we got out there and'so forth. We've put, and you've got to remember something I guess he was here that night and they said they had to talk to CAN this man has alot of pressure on him because they had to talk to him he can't go and make a decision and he said that. He's trying to gather up the facts. I don't he's adversarial. I think he's trying to find out the information and I don't think Randy is evading him. I think we're all trying to do the same thing here. Councilman Jablin - Well that's what I'm saying. Mayor Russo - That's what we need to do. Councilman Jablin - Milton ... my apologies if...I don't mean to offend you. Mayor Russo - Don't get me wrong.. If just three members on this council thinks we should just go with what we've got I'll do it. Councilman Jablin - I don't think we should vote on this tonight. There no way we can vote on this tonight because just like the circus I don't think we've gotten input from the community. We've gotten Milton and I think that's admirable and I'm glad that your doing this Milt. I really am. But I do think that we have to get a concensus from the people in PGA National. We also have to work out some. they can't work this out. The event can't be done. Mayor Russo - I'm going to go to Lauren and then you. Councilwoman Furtado - Can't we because of the interest of time and everything else has been worked out as far as police, fire, permits. Mayor Russo - Don't say that. They don't anything from our building department. They don't have any plans. There are still alot of things that need to be done but they need to know the direction they're going. Councilwoman Furtado - I think we need to...I don't know how to properly word it Mr. Baldwin can maybe help us out. That your pretty good conditions that they need conditions of da da da ... beacuse otherwise they can't go forward. I mean we've gotten a month left. Mayor Russo - Don't give them conditions that they're not going to be able to meet. What are your conditions gonna be? Councilwoman Furtado - Well I'm not saying... I'm just saying... Councilman Jablin - You can't...I don't that you can work those conditions out at this time. I don't think you can do it. Lauren with all due respect I can't see how you can do that. Councilwoman Furtado - I'm just asking for direction. Nick Lioce - I'd like to make a suggestion here. ;We've been through these kind of things before. ;We've done what you've asked us to do we've met with all of your staff. We've had some final details to work out. This was brought before the City Council and it was approved. It was approved; with the direction to meet with CAN. I don't know why CAN I don't know why not the property owners association of PGA National. But we met with CAN 'albeit two days ago. But we met with him. We! see their concerns, we have addressed their concerns. We haven't actually acquiesced to all 1 of their demands. But we've addressed all their concerns and the only thing that we apart on is "two things the rides and the size of the rides and the quote unquote games of chance and I want to respond to those two things. We have got a contract with Deca. We've given you a list of the specific games he's allowed. We've negotiated with him because of his concerns expressed early on. We don't want any rifle shoots, we don't want anythings ';where guys are hawking people and grabbing their kids and saying come over here and try me for a dollar a game. We tryed to pick games that Deca agreed and we agreed were family oriented ones. ' The ones where you bring the whole fish home. Thats what my kids love each time I take them to a festival. So we tryed ... so we did those things with the direction of this council and we entered into an agreement. If we go back to them now and you want to look at this list and say don't do that one or don't do that one I think they'll actually ask for that too. We not trying to do to anything but prepare a game plan. With regards to the rides we felt we addressed the issue, Joe, we really did. We went to him we told him the problem. When he went to set up his ferris wheel they told him to take it down. Ok and he was told the only reason was because everybody could see it and they didn't want this blaring light thing that could be seen from miles around. He came out and measured the trees and all that other stuff. My point is that we did use your direction. We have gone all the way through the steps. We think we've addressed your concerns but we can't answer your questions specifically on the rides or the games of chance unless you tell us which ones were having that you don't like and like and go back to Deca and replace them and we'll do that. But why we shouldn't be able to afford I don't understand. The condition is the games and we've got the list. Tell us the ones you don't want. You've got the list of rides, tell us which ones you don't want and we'll go back with the Mayor and try to negotiate. But don't tell us now after we've contracted with him after we've signed the contract with the foundation and paid the deposit. Signed the contract and negotiated. We thought we had a contract from the last meeting. We didn't know we were coming back here. Its never been done before come back a second time after we already had a contract signed and we're really out on a limb now after all that. Again, site plan concerns tell us what rides tell us what games, we'll take them out. Mayor Russo - Nick let me just make one comment. Number one about big rides, we're going back in time. I was here on that council, we just didn't want big rides and it wasn't so much what they could see we just didn't want that carnival kind of an atmosphere. Number two, I apologize for...I only can go by what I read in the minutes and I didn't read in the minutes that you got an approval to do this and if you did then this council needs to give you what you want because if you got an approval somewhere then you need to get it and you need to move on. I didn't see that in the thing. What I saw in the thing was that there was a concensus for Bobbie to move forward and try and get a contract that worked. Councilwoman Furtado - Concensus... Mayor Russo - Excuse me Lauren I need to speak without... Councilwoman Furtado - I'm sorry I was not talking to you, I was just talking to myself. Mayor Russo - And you know if you did have a commitment, then we need to honor that commitment because we can't go back on that. I wasn't here for that meeting I apologize and I don't know what here and what was discussed and what rides. I only know when Randy did come in the first meeting and what I basically said and what I wanted and so forth and I still want the same thing today that I wanted then. If this council when I wasn't here told you something different then this council needs to honor that and make a motion and go forward with it and so forth. I don't know I wasn't here so I'm going to have to turn this over to somebody to help me. Linda you were in charge then so I don't know what... Vice Mayor Monroe - The memory fades that's why we have minutes. I have a question though regarding working with the PGA folks. How many people met, what kind of notification was there that you all were going to be meeting ... um ... wait a minute, I'm just kind of thinking out loud I have to ask these questions and Milt we were talking about the games where you provided with a list of rides and games and height. Because if their gonna talk...I don't want to try to say who says what. What I'm saying is if I were one of the CAN people I would have wanted a list of the rides and what their sizes are. I would have wanted a description of the games to be able to talk about them rather than having to sit here tonight and have us start discussing this. I like to hear ... you know put a synopsis what they said they liked and didn't like, not that we necessarily even agree I might say to Milt, no I don't like this at all. Mayor Russo - Excuse me, I'm going to cut you off right now. Don't ... what happened was we had a meeting scheduled around three weeks ago with both myself, Milton, and Randy for lunch and Randy had a personal problem that he had to take care of. So we couldn't meet. Then what happened was on ... we scheduled a meeting a for this Tuesday or Wednesday, whenever it was, and at that point was the first time I had saw anything and Milt and seen anything and he just brought all of this in. Milt has not brought... nobody else out in PGA has seen anything. So to be honest to say here tonight that all the people in PGA are against this wouldn't be fair and it wouldn't be fair to say that their all favor of it. Because nobody's seen anything. What Milt's job was was to try to get it together to present to the people of what their actually doing, what are we thinking, how can we deal with this and how is this not going to impact our community. And that's where we basically at and that's what that contract says is that they were supposed to get with CAN. Vice Mayor Monroe - Now that's my concern. Whether it's no fault of anybody's or not. Councilman Jablin - I don't think it is. Vice Mayor Monroe - OK and I'll accept that. What I'm saying is I think that we're being put into an uncomfortable position because the job is incomplete, the clock is running. If I were Mr. Stern I would have wanted this list, I would have wanted the time to talk to some other folks about this. So I'm not trying to sabotage it I'm saying the clock is running through no fault of our own and this needs to be done. Some how we need a window in here to get the job done and the city and he need the same piece of paper to look at. If he doesn't have, he says he doesn't I don't know if whether you all gave him anything or not. I would be reluctant to rely on someone's verbal presentation, I want to see it in writing that's just my nature. Not like its Mr. Stern's too. Mayor Russo - But did you give them an approval, I guess what Nick was saying was you gave an approval back at that meeting. Can somebody tell me whether we...I didn't read that in the thing. Councilman Clark - I think there was concensus that we go ahead and develop it further and come to some sort of arrangement. From my standpoint I don't have problems with the games of chance concept, I don't have problems with the rides, I'd just like to know what they are. So that we have some certainty as to what's going in there. Councilman Jablin - Exactly. Nick Lioce - If I could respond to this ... and the same thing you raised too Ms. Monroe. We have given a list, we've given... it was only two days ago admittedly the list of the games is on the site plan excuse me the rides. We have a specific list of the rides, excuse me, the games that will be at the site in the contract with Deca. We read them off to you. We could read them off to you again. We could give you copy of the contract. Vice Mayor Monroe - That wasn't my point. My point was did you give this so that it was easy for the layman to look at when you met with Mr. Stern? Nick Lioce - I believe the site plan with the rides was on there and Mr ... both Mr. Russo and Mr. Stern... Vice Mayor Monroe - Does that tell the sizes? Unintelligable conversation too many people talking at once. Nick Lioce - We don't have mechanical drawings to tell the size. Their the same rides that you see at all the different fairs and stuff. Unintelligable conversation too many people talking at once. Mayor Russo - Let's see...I know this is getting...We gotta cut this short. Councilwoman Furtado - I'm really having a hard time with this because... Mayor Russo - Maybe you gave them permission to do it. Councilwoman Furtado - No, I'm just saying. Based on what we talked about with the concensus. Mayor Russo - See that's my problem I wasn't here. Councilwoman Furtado - OK. Mayor Russo - That's what I'm saying. Councilwoman Furtado - No one advised that we had to pass a resolution or it was the idea, OK, we've met with all the departments or the company's met with all the departments, met the requirements of the ... as far as public safety went da da da. The concensus of the council was to move forward with whatever needed to be done and that's why I was so surprised when I saw this this .... you know. Nick Lioce - At the staff level, that's what we were told too. Go get a contract, work out a contract with the City Manager. Councilwoman Furtado - That's how I understood it. Nick Lioce - And meet with all the staff, make sure public safety was all set and we did all those things and now we hear that you know ... and we met with CAN and we tryed to address concerns and we will continue to try... Mayor Russo - But you didn't. You didn't finish meeting with CAN Nick Lioce - We'll continue to try to do that. Don't tell us that you won't sign our contract and give us our permits. We've relied on that when we had that hearing and we were told to go get a contract exceptable to the City and when the City gave it to us we signed it. Mayor Russo - OK. You see I can't.... I'm not going to speak anymore cause I wasn't here. Nick Lioce - What's the purpose of a contract if you're now going to say you'll give it to us, we signed it and gave you a deposit and then oh, by the way you weren't approved. That doesn't make sense either. Mayor Russo - To me, now you said a contract, and in the contract in the minutes it said you have to meet with CAN. I would put it this way.... Councilman Jablin - I see a contract here. Mayor Russo - And it says you have to get the approval of CAN. Nick Lioce - No it doesn't, it says we have to meet with them. Why would we get the approval of CAN? Mayor Russo - I wouldn't want to put you in that position either. I wouldn't want to be in that position. Nick Lioce - It says we will meet with them and I am telling you that we will meet with them again and again until we can try to resolve the issues. We don't want to have an event that the community.... we want PGA National people to come. Mayor Russo - I know you do. You live here too. Nick Lioce - Absolutely. And again, I was surprised when I saw CAN. I read his news just like you do. Seems like we should meet with the Property Owners Association or the different associations because we want that community to join in ... we want them walking over and spending money at this event. So, there's no question about that ... we do want to do that and we thought that was the import of that, to make sure that they like what we are doing. We have a bit more interest then you do because if they don't like it they won't come. Councilman Jablin - They're not going to come and they're not going to come back next year. People have to realize that this is a three day event. This is not a permanent situation. Mayor Russo - Excuse me, I can't do the rest of the meeting and... Nick Lioce - We respectfully request that we have approval of the Mayor to sign the contract that you sent us out to sign and that's what we need to have so that we can move forward and get the site plan. Vice Mayor Monroe - Mr. Mayor. Alright, before I make a motion I have just a couple of questions. On page 2, in terms of the insurance. If I remember correctly here it says one million dollars for this is item 2A ... policy of insurance in the sum of no less than one million dollars for each incident insuring against bodily injury etc. I think the said circus one said five million. Now is there a difference because one is per incident or and the circus was five million each. I was just wondering... Bobbie Herakovich - That was the recommendation of our insurance company and... Vice Mayor Monroe - The five or the one? Bobbie Herakovich - Whatever it says on I haven't found the page yet. On number six I believe. Vice Mayor Monroe - I'm on 2A of page 2 of the contract. Bobbie Herakovich - The contract that you saw that your comparing it to is the contract that MacArthur what the MacArthur Foundation is requiring of the circus. Vice Mayor Monroe - I'm wondering if they are showing more insight to the issue than we are or do we need... or does it matter. Bobbie Herakovich - Our insurance company and our attorney drew up the contract. Vice Mayor Monroe - If their comfortable with it than I'm comfortable with it. Councilman Jablin - What are they giving to MacArthur, on this contract? MacArthur. Nick Lioce - Is it the same coverage? We have to have the same coverage. Bobbie Herakovich - They have to have the same coverage. That's their blanket policy for the use of their land. Vice Mayor Monroe - The next thing is the last thing in the same paragraph referred to the city shall be named as an additional isuued and shall receive such certificate of insurance prior to any advertising by Morgan. Advertising's already occuring. Councilman Jablin - Ooops! Nick Lioce - Advertising's not occuring. There have been press releases. Just press releases. Only press releases. No advertising. Vice Mayor Monroe - OK and everything will be... Randy Carillo - The policy will be sent to the City Manager's Office. Vice Mayor Monroe - Has the press release been revised? Randy Carillo - Yes. Vice Mayor Monroe - And re- issued? Randy Carillo - And re- issued: There are other statements that going out that have been changed and modified. Vice Mayor Monroe - Item 3, all written advertisements shall first be approved by the City Manager or designated staff member prior to release thereof and Morgan shall also submit letters of agreement with all advertised charities. When it says shall submit I always want to say when. How do we know when this is going to happen. Nick Lioce - As soon as they occur obviously but then we're going to have to have them before the event but we've got that one signed up. We've been pressing to get all kinds of agreements signed before but we've haven't got them done. Vice Mayor Monroe - OK so before the event this will happen? Do need we need to say anything? Nick Lioce - We may not have signed the agreements with the charities. For instance, DARE, we're making a contribution based on the agreement we have with the City. I don't know if we're going to have a separate agreement with DARE. We haven't signed an agreement with the Foundation and DARE, and the Foundation will also contribute money to DARE. We have no agreement with DARE. Councilman Clark - Nick Lioce - From Councilman Clark - Vice Mayor Monroe - Attorney Baldwin - Do you have a letter or something? Dare? No. From you to Dare? Some sort of thing evidencing what you were interested in. George do we need anything else? No I don't have too much concern with that aspect of it. Vice Mayor Monroe - And then not ... whether I am for Morgan meeting with CAN. My question was when and what if no agreement. I think that's the basic issue right here and I guess... I'm willing to say I will... I'm willing to sign to this it says that you will ... you shall meet and address any concerns and it would be up to this city council to determine whether or not you have adequately met those concerns we get to play judge on this I assume. Nick Lioce - We were assuming staff was going to be in on this. That's what we've been doing working with all of your different staffs. That way people didn't have to come back to city council every time we had to address an issue. Vice Mayor Monroe - Well the way I see it is the direction is you will meet with them. That does not mean that we have to abide by that but I think a major neighborhood this is going to be quite an impact on us. Mayor Russo - So you don't want to give him the approval then? He asking for the approval. Vice Mayor Monroe - No, well I'm willing to say that I'm willing to do it. Mayor Russo - You're willing to give them the approval but if they don't accept it then you didn't give it to them. Vice Mayor Monroe - Then what I'm saying is we are basically the arbitrator. We're saying that they will meet the concerns of .... Councilman Clark - Its a contract between us and them. Mayor Russo - What are you going to do ... void the contract if they don't.... Nick Lioce - Joe, what I'm saying is we're willing if you'll agree to everything else besides the rides and the games, to have those things arbitrated if that's what you'd like to have. If we can't come to a conclusion we are glad for you to have a list of both and come back to another meeting. We've got to do it quickly like at your next meeting and say these are the exact specific rides, the exact specific games we.are going to have. Yes. Yes. No. Yes. Yes. No. We've got to do it... Mayor Russo - So what you want to do is meet with CAN. Nick Lioce - Sure. Mayor Russo - And if they don't agree, come back to us. Nick Lioce - Our preference is to meet with the property owner association so we are meeting with the residents opposed to a private organization. Councilman Jablin - CAN has a big membership. You're not a member of CAN? You should be. I'm a member of CAN. Nick Lioce - I'm not a member of the John Birch Society. I'm not a member of anything actually. Vice Mayor Monre - Moving this right along, I have no preference one way or the other whether its CAN or the property owners association, so I look to this Council to say "do you have a concensus , particularly the three of you who live there ". While you're thinking, Item 7 says "the City reserves the right to recind any permit issued or refuse to issue a permit in the event the conditions precendent set forth above are not met by Morgan.. So, you are in jeopardy. We will attempt to work with you. I mean if you are both obstinate we have to mediate and I certainly don't want to be in that kind of position. I'm looking to you guys to say, should it be CAN or the association. Which is the most expeditious and fair. Councilman Clark - I think we've got CAN involved. I'm comfortable with CAN. Councilman Jablin - I'm comfortable with CAN also. Vice Mayor Monroe - My only concern is that you not wait until 48 hours until the next meeting where people don't have a chance to talk. It ought to be at least a week minimum to give you time to deal with it. Nick Lioce - Absolutely. We would like to identify the issues to be just the rides and games of chance. Vice Mayor Monroe - I think you need to put it in a way that they understand in terms of a description of the rides. Mayor Russo - It also says the time. Nick Lioce - We've brought it back from twelve o'clock to ten o'clock. We want to identify the issues Mrs. Monroe we want to know that everytime we meet with them again we're going to have to fight about the time again and all the other issues. We just want to narrow it down. Councilman Jablin - Milt, what do you think? Milton Stern - I can't accept that but you can. Councilman Jablin - I didn't say that. Excuse me I didn't say that. I asked you. Excuse me - I asked you. Can you narrow that down. Please, I'm asking you too. Well broaden it. One way or the other. Give the man parameters so he knows what he is talking about. Mayor Russo - He's going to meet with people in PGA National that may have other concerns that no one here has come up with, and I think in the best interest of everyone here concerned is Nick, we're going to be the final arbitrator so let's not tie him down to whatever he wants to come up with if we're going to be the final arbitrator. You're going to have it based upon what we think and not based upon what he thinks, but at least give him free rein to be able to ..... the residents out there so we're not jamming this down their throats. Vice Mayor Monre - And, this isn't just Milton Stern. Nick Lioce - We want to be able to meet with the residents. WE have no problem with that. As long as we're going forward and it's just a matter of when and where we can do it. Attorney Baldwin - I'd like to address this briefly. Basically, the way this works legally is you have the contract be signed by the City. If you pass the Resolution tonight, then the contract's signed. Now you're addressing the concern in the contract which says they have to meet in good faith and address the concerns of CAN. As long as they meet with them and discuss the contract is satisfied. In other words it's not being delegated to CAN to determine the requirements of this. If you want to reserve specific right to determine the rides, the size of the rides or the games of chance then I think something needs to be put in the contract. Vice Mayor Monroe - Would you make a suggestion. Attorney Baldwin - Well we could put a clause in the contract to the effect that the rides, the size of the rides and the games of chance must be (if you want to make it approved by the City Manager prior to the event taking place or if you want it to come back to the City Council to address.) The contract, if they meet with CAN, is satisfied and you do not have the right to revoke the permit because they didn't satisfy those conditions. Nick Lioce - To us tonight the major issues are the rides and the games of chance .... and any new issues that may arise we think we can address. Attorney Baldwin - It would be paragraph 9 added to the contract "Prior to the festival taking place Morgan Entertainment Inc. shall present a list of rides, size of rides and the games of chance and secure the approval of the City Council ". Mayor Russo - I only have one question - prior to when? I would rather see it prior to whenever out next meeting is going to be because we have to make a final decision. Nick Lioce We can meet with them before your next meeting. Before your next meeting we'll meet with them... along as we just present the City and CAN with a list and we can do that before that meeting. Attorney Baldwin - Instead of saying "prior to the festival" why don't we say "On or before 11/4/93" Nick Lioce - Mayor Russo why don't you meet with us so you know what's going on. Mayor Russo - Ok, I can. We can put you on the workshop for next week but we can't officially take action. Councilman Jablin - Milt will you be able to get some people together? Mayor Russo - Milt, I'm only one, but it says other issues that may arise. Vice Mayor Monroe - Mr. Chairman, I think the way we do this is... I want to move for approval of Resolution 129, 1993. Attorney Baldwin - If you sign the Resolution you're approving the contract with this change. The contract has previously been signed by Morgan Entertainment so they will have to initial it. Vice Mayor Monroe - The motion is to approve Resolution 129, 1993 and include the revisions to the contract just read into the record by Mr. Baldwin. Councilman Clark - Second. Mayor Russo It's been moved and seconded. Any further discussion? I'm just going to have one bit of discussion. I'm not going to be voting for this tonight and that doesn't mean I'm not in favor of it ... doesn't mean I'm not going to work for it, but I think it's going to be a successful event and I believe in it and I want to see it here in the Gardens. Probably if I was here in that meeting in August and all of that discussion took place I might be voting in favor of it, but I would have wanted to know at that time exactly what I was buying ... what rides and what games and so forth and so on, and I would still like to know right now what I'm buying and until then I'm not going to vote for it. But, I'm sure that in two weeks time I am going to vote for it but tonight I'm going to vote against it. Passes 4 to 1. Attorney Baldwin -