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HomeMy WebLinkAboutMinutes Council 021893CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUARY 18, 1993 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8:00 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 Martino, Vice Mayor Russo, Councilwoman Monroe, Councilman Jablin and Councilwoman Furtado. ANNOUNCEMENTS The Mayor stated the announcements were as posted on the City's Bulletin Boards. ITEMS BY MAYOR COUNCIL Project Graduation Vice Mayor Russo made a motion, seconded by Councilwoman Monroe, to donate $4,250 to the June 4, 1993 Project Graduation with the funds to come from Council Contingency. The motion was unanimously approved by the City Council. City Manager Search Per the recommendation of the City Manager, Councilwoman Monroe made a motion for staff to obtain three (3) quotes from firms for the City Manager search. The motion was unanimously approved by the City Council. In response to Councilwoman Monroe, the City Manager stated an ad would run in The Post the first week of March for an Assistant to the City Manager. The City Manager stated the 1 0 closing date for applications would be March 15th. 6 T6-TY COUNCIL REGULAR MEETING, 2/18/93 PAGE 2 uncilwoman Furtado Councilwoman Furtado requested staff compile current figures for permanent signage along Holly Drive, as the figures she had was from 1983. In response to Councilwoman Furtado, the City Manager stated he could get a sign company to give a quote. Councilwoman Furtado requested the Chairpersons of the various city boards compile information for Council on how they could better serve the City. Councilwoman Furtado requested the Police and Fire Pension Boards come before the Council and give an update on the Boards. Mayor Martino stated the Police and Fire Pension Boards are • autonomous boards and there was certain legislation they must follow. The City Manager stated he would like Traveller's Insurance representatives at the meeting, as they are the actuaries of the funds. The City Manager stated the Police, Fire and Municipal Plan are actuarial sound and fully funded. Mayor Martino requested the Boards put in writing their comments and concerns for the Council's review prior to scheduling on a Council agenda. Councilman Jablin In response to Councilman Jablin, the City Manager stated Paul Bradshaw and Rich Walton met with Palm Beach County today to try to work out a compromise rather than proceeding through the hearings. CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 3 • Rich Walton, Director of Planning and Zoning, stated staff would be bringing a draft copy of the compromise to Council at the next meeting. MUNICIPAL LEAGUE Mayor Martino stated there would be a meeting of the COMMENTS FROM THE PUBLIC Sam Carsillo George dGuardiola Milton Stern Raymond Royce Municipal League on Wednesday, February 24, 1993 in Juno Beach. Sam Carsillo, 10063 Dahlia Avenue, addressed the City Council re: debates for upcoming election and Donna Cox's article re: gestapo tactics by the Code Enforcement Officers. George deGuardiola, representing The Ecclestone Organization, addressed the City Council stating they would host a public forum for the candidates of the upcoming election at PGA National. Mr. deGuardiola stated Milton Stern and Jack Timmel would be the moderators of the forum. Milton Stern, PGA National, addressed the City Council and outlined the agenda for the public forum which would be held in the Grand Ballroom of the PGA National Resort on Wednesday, March 3, 1993 at 7:00 p.m. Raymond Royce, 5550 Whirlaway Road, addressed the City Council and read into the record a letter requesting clarification of the status of the NorthCorp PCD reconsideration. (copy attached) CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 4 Attorney Brant stated a rehearing was not granted by the City Council at the last meeting. The Petitioner would need to file another petition and proceed through the Planning and Zoning Commission and the City Council as before. Per a consensus of the City Council, Attorney Brant was directed to provide a clarification statement regarding the procedures to be followed based on the motion and action of the meeting of February 4, 1993. Tom Vaughan Tom Vaughan, 3637 Daphne Avenue, addressed the City Council re: proposed university site, unemployment in the area and the resignation of the City Manager. Bette McCombs Bette McCombs, 8 Balfour Road, addressed the City Council • and thanked the City Manager and Mayor Martino for all the good they have accomplished for the City. Henny Schroth Henny Schroth, 19 Marlwood Lane, addressed the City Council requesting an update on the Jog Road agreement. Councilman Jablin reported he had an agreement with him and would distribute to the Council at the end of the meeting. Marieanne Rogers Marieanne Rogers, PGA National, addressed the City Council indicating links between the various activists groups in the northern Palm Beach County area with City Council candidates. CONSENT AGENDA Councilwoman Monroe pulled Items No. 6 and 8 from the Consent Agenda. Councilman Jablin made a motion, seconded by Vice Mayor 40 Russo, to approve the following items on the Consent Agenda: CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 5 1. Approval of Minutes of Regular Meeting of 214193. 2. City Manager's Resignation Points of Clarification. 3. Resolution 15, 1993 - Approval of signage for BallenIsles Parcel 5B (St. James), approved by Resolution 70, 1992. 4. Resolution 4, 1993 - Approval of Steeplechase Vegetative Berm. 5. Resolution 16, 1993 - Appointing members to the Board of Trustees of the Firemen's Retirement Trust Fund of the City. 7. Resolution 18, 1993 - Approval of clerical amendments to the PGA Boulevard Interlocal Agreement between the City of Palm Beach Gardens, Palm Beach County and Northern Palm Beach County Water Control District. The motion was unanimously approved by the City Council. RESOLUTION 17, 1992 In response to Councilwoman Monroe, the City Manager stated a bill was being proposed that all utilities owned by public entities be placed under the Public Service Commission and • then the Public Service Commission would set the rates for the utilities and require more expenditures and more time spent in Tallahassee. The City Manager stated the Public Service Commission would also set the boundaries of the utilities. Vice Mayor Russo made a motion, seconded by Councilwoman Monroe, to approve Resolution 17, 1993, objecting to a proposed state -wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. The motion was unanimously approved by the City Council. RESOLUTION 21, 1993 Councilwoman Monroe stated she was opposed to allowing a temporary trailer in the PGA National Commerce Park, as • there was plenty of vacant office space within the City. CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 6 Vice Mayor Russo made a motion, seconded by Councilman Jablin, to approve Resolution 21, 1993, approval of temporary trailer to be located at Northern Palm Beach County Water Control District Offices, PGA National Commerce Park. The motion was approved by a vote of 3 ayes and 2 nays. The nay votes were cast by Councilwoman Monroe and Councilwoman Furtado for reasons previously stated. RESOLUTIONS RESOLUTION 19, 1993 Chief Southard of Palm Beach County Fire Rescue addressed the City Council and reviewed a map indicating the location of different fire stations of the County and City. Chief Southard stated each station had at least an engine and a • rescue truck. Chief Southard stated the contract had to be backed up to May 15, 1993, as this would be contingent upon the County obtaining the Certificate of Need for Zone 2. In response to Mayor Martino, Palm Beach Gardens Firefighters and Union Rep, Steve Rogers, stated the firefighters were more than satisfied with the proposed interlocal agreement with Palm Beach County Fire Rescue. In response to Councilwoman Monroe, Chief Southard stated they have not and would not respond to North County Ambulance's proposal. Councilwoman Monroe stated she continued to be frustrated with this critical issue. Councilwoman Monroe stated the cost to the City would be substantially more to go with the County than North County, and it appeared that more CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 7 • dedicated vehicles could be had in the City with the less cost of North County. Councilwoman Monroe stated she had contacted several insurance companies and was informed the insurance premiums would not decrease if the ISO rating was lowered to 3. Councilwoman Monroe stated there were several concerns which need to be addressed, i.e., morale of fire department, financial interest of the City, and the quality of service. Councilwoman Monroe stated she had real concerns in going to the interlocal agreement at this time and would also like to hear from North County. Councilwoman Furtado expressed concern about providing quality service to the residents of Frenchman's Creek. • Councilwoman Furtado stated Frenchman's Creek had hired EMT's as part of their staff to help with emergencies. Councilwoman Furtado stated the interlocal agreement with Palm Beach County would help in covering the outlying parts of the City. Rick Rhodes, representative of Professional Firefighters and Paramedics of Palm Beach County, addressed the City Council stating if you look strictly at what the contract said, Palm Beach County, 6/1/93 thru 12/31/94, was $460,600; and, North County was $485,527. Peter Allen, Director of North County Ambulance, addressed the City Council stating Mr. Rhodes probably gave the best comparison of the numbers. Mr. Allen stated if the City • contracted with the County, the firefighters of Palm Beach CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 8 Gardens would not end up with ALS themselves if the City did not purchase the equipment. Mr. Allen stated whether the City went with North County or Palm Beach County, he thought if the intention of the City was to take ALS within the fire department they would need to purchase the equipment. Mr. Allen stated whichever way the City goes, the costs would be fairly close. Mr. Allen stated there were some operational differences and some slight financial differences. Mr. Allen stated North County was willing to include the City in the revenue stream of patient billing as soon as the City was willing to put man and materials into it. If the City was willing to put in a 1/3 of the manpower and trucks, • North County was willing to share a 1/3 of the revenues with the City. Mr. Allen stated under the County, no matter how much manpower or equipment was put into it, the City would not collect any revenues until the contract had run. Mr. Allen stated the uncollectible funds would not come from the City, however, would come from the residents pockets. Mr. Allen further elaborated on the City's fire department not being dedicated under the County's contract and the dedicated EMS units in the City. Mr. Allen stated North County's response time was guaranteed less than 5 minutes, however, the average since they had been servicing the City was 4 1/2 minutes. Mr. Allen stated the County had stated they were comfortable with the County ordinance which gave a • response time of less than 8 minutes on an ALS calls and CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 9 less than 10 minutes on BLS calls. Mr. Allen reviewed Proposal B of North County which would allow for a third dedicated unit in the City. Mr. Allen stated Frenchman's Creek could just as easily be serviced by a unit coming from Jupiter Hospital. Mr. Allen stated it came down to how much the City wanted to give up to go with the County proposal, as the end result would be the same. Vice Mayor Russo expressed concern that this process was ahead of the Certificate of Need being obtained by either Palm Beach County or North County Ambulance. In response to Mayor Martino, Chief Southard stated Palm Beach County legal department had reviewed the interlocal is agreement. In response to Vice Mayor Russo, Mr. Allen stated North County would continue to service Palm Beach Gardens until May 15, 1993, if requested by the City, or as long as the City required. After discussion regarding the interlocal agreement, the following items were amended: 1. On Page 2, in Section 4, add additional language to clarify the County will bill the insurance company and then collect from the residents the balance of the payment. 2. On Page 3, Section 7, reword and move A, B, and C to a sub - heading titled "Options ". 3. On Page 4, Section 7, reword B if A, B, and C are • deleted. CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 10 4. On Page 4, Section 8, line 2, change December 31 to April 1. There was a consensus of the City Council to workshop the interlocal agreement on February 25, 1993. RESOLUTION 20, 1993 Mr. Walton stated, as a result of last week's workshop, there was a concern re: the clustering of landscaping along the southern buffer area. Mr. Walton referred to Mark Hendrickson's memorandum dated 2/17/93, stating he had no concerns with the revised buffer "C" plan and the Gardens Hunt Club residents had the right to prune the branches and roots of any nuisance vegetation encroaching on their property. • Raymond Royce, attorney for applicant, addressed the City Council and briefly reviewed the density approvals for the BallenIsles PCD. Hank Skokowski, representing Petitioner, addressed the City Council and reviewed the proposed site plan for Parcel 18. Mr. Skokowski briefly reviewed the elevations and proposed colors for the roof, building and bahama shutters and the perimeter buffer system "C" plan. Mr. Skokowski stated the entire buffer systems, as agreed 5 years ago, would be installed 30 days prior to the first residential structure permit on Parcel 18. Mr. Skokowski stated the petitioner would complete all the landscaping and buffer along BallenIsles Drive prior to the first CO being issued. Mr. • Skokowski stated the Petitioner did agree with the 19 CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 11 6 conditions placed on Resolution 20, 1993. Krent Wieland, landscape architect, addressed the City Council and briefly reviewed the proposed landscaping relating to the concerns raised last week at the workshop meeting. Mayor Martino reported the Council had received a petition from the BallenIsles residents expressing concern regarding this project. The Mayor recognized the following residents who wished to speak to this issue: Sidney Dinerstein Sidney F. Dinerstein, 15 St. George Place, addressed the City Council regarding the BallenIsles residents' criteria for the sub - projects in BallenIsles. Mayor Martino directed Mr. Walton to inform the BallenIsles resident if a project came in for the BallenIsles Community, as to allow them to post the petition in the clubhouse. Richard Mendlesohn Richard Mendlesohn, 71 St. George Place, addressed the City Council and expressed his opposition to this particular proposal within BallenIsles. Paul Millar Paul Millar, 10252 Hunt Club Lane, addressed the City Council re: proposal submitted to DER by Solid Waste Authority. Wendy Pottinger Wendy Pottinger, 10222 Hunt Club Lane, addressed the City Council and expressed her opposition to the proposed • project. CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 12 n O'Malley John O'Malley, Public Health Department, addressed the City Council stating the landfill would not go away and the assessment in six months no way guaranteed that in three years there would be a problem. Mr. O'Malley stated, besides the Palm Beach County Health Department, the Department of Environmental Regulation and several consulting firms were doing assessments on the landfill. Mr. O'Malley stated there was no public health threat present which had been identified. Mr. O'Malley stated if causes of action were determined, necessary steps could and would be taken. Mr. O'Malley stated there was no major problem identified with the landfill and there are many inactive landfills in the State of Florida and in Palm Beach County. Mr. O'Malley stated this landfill was known and had been monitored. Mr. O'Malley stated there would not be a definitive time when any government official could say the problem was totally eliminated unless the landfill had been isolated. Jean Brennan Jean Brennan, 48 St. James, addressed the City Council and expressed her opposition to the proposed project. Attorney Royce stated no binding contracts had been entered into, they were all reservation agreements subject to obtaining the zoning change. Mr. Frien, marketing consultant for BallenIsles, addressed the City Council stating all lots within Parcel 18 were . inside lots and this parcel was the first parcel in the PCD CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 13 • which had no golf frontage. Mr. Frien stated the entry level price for Parcel 18 was closer to the average than other upscale communities. Attorney Royce summarized questions relating to density, landscaping and extensive buffering, consistent with PCD ordinance, did not adversely affect values, landfill. Bob Cooper, Dames and Moore, addressed the City Council and briefly discussed a letter prepared for Hansen Property. The Council indicated the record had already been made regarding this issue. Attorney Royce stated if the Petitioner had not addressed some site planning issue, they would do so. Attorney Royce • stated they would abide by all 19 conditions to the Resolution and requested the Council approve this project. In response to Councilwoman Monroe, Attorney Brant stated if the council had compelling evidence before them there was no health hazard, they could conclude that it might be alleged the City was liable for negligence, but nothing else to the contrary in the record, they could rely on the record to that extent. Attorney Brant requested Mayor Martino poll the Council for the record, since there was a compelling record submitted by the petitioner, if any of the individual councilpersons had been contacted, pro or con, and if so, state for the record now and what influence, if any, it would have on their • decision. CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 14 0- Mayor Martino stated, for the record, he had been contacted by both representatives of the developer and members of the public regarding this project and in no way had influenced or would influence his decision. His decision would be made solely on the basis of public testimony in the public record which had been established. Councilwoman Monroe stated, for the record, she had received one phone call from a gentlemen and could not remember his name. It was not a lobbying effort, but more of a gathering information effort and obviously would not have affected her decision. Councilwoman Furtado stated, for the record, she had spoken • to the developer, attorney and residents and had no affect on how she would vote tonight. Vice Mayor Russo stated, for the record, anyone he spoke to had already been on record speaking before the Council and had not influenced his decision. Councilman Jablin stated, for the record, he had been contacted by the developer and other people involved on the other side and had not influenced him in his decision. Councilwoman Monroe made a motion, seconded by Vice Mayor Russo, to approve Resolution 20, 1993. Vice Mayor Russo stated he would not be voting for this resolution as he had not seen enough evidence to change the approved PUD on Parcel 18. 49 In response to Mayor Martino, Attorney Brant stated Attorney CITY COUNCIL REGULAR MEETING, 2/18/93 PAGE 15 Royce should be allowed to enter into the record additional information regarding the landfill. Bob Cooper, Dames & Moore, addressed the City Council and submitted a letter addressed to Hansen Property re: the former Palm Beach County landfill and the relation to Parcel 18. (copy attached) Mr. Cooper stated it was their opinion that the existence of the landfill would not affect the development of Parcel 18 nor would the development result in a negative impact on the landfill or surrounding properties due to the existence of the landfill. Attorney Royce stated he did not want this postponed, but if the Council wanted to wait until after the meeting with the • DER, they could wait until then. Attorney Royce stated he did not want the Council to make the wrong decision for the wrong reasons and would rather see it postponed and have further hearings and be able to present further evidence. Councilman Jablin stated he was very concerned and felt the dump was a potential hazard and was afraid of disturbing it. He stated he would like to put the dump issue to rest before approving this project. Attorney Royce stated if the Council was concerned about Parcel 18, then there should not be any more building permits issued within 1/2 mile of the dump. The Council should treat everyone the same. The motion and second was withdrwn. 0 Councilwoman Monroe made a motion, seconded by Vice Mayor CT_TY COUNCIL REGULAR MEETING, 2/18/93 PAGE 16 Russo, to table Resolution 20, 1993, until after the first workshop the Council had with DER. The motion was unanimously approved by the Council. ORDINANCES Ordinance 2, 1993 Per a consensus of the City Council, the City Clerk read on first reading, by title only, Ordinance 2, 1993, Landscape Code. Ordinance 3, 1993 Per a consensus of the City Council, the City Clerk read, on first reading, by title only, Ordinance 3, 1993, Amending Title 9 of the Palm Beach Gardens Code by creating and adopting Chapter 101 under same Governing Stormwater 0 Management Providing for Water Quality. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 12:00 a.m. APPROVAL 6INYA V. KOSIER C CLERK LCOUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO n RICHARD K. BARRA JOHN L. BRYAN, JR. BARRY B. BYRD MARK P. GAGNON PAUL R. GOLIS J. RICHARD HARRIS WILLIAM J. HYLAND, JR. JOHN M. JORGENSEN STANLEY D. KLETT RAYMOND W. ROYCE ROBERT A. SCHAEFFER ROBERT C. SCOTT (1925 -1982 SCOT, ROYCE, HARRIS, BRYAN & HYLAND, P.A. February 18, 1993 Honorable Mayor and Members of the City Council City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 • RE: Proposed Amendment of Northcorp PCD Dear Mayor and Members of the Council: I represent the Palm Beach Gardens Medical Center. On November 5, 1992 the City Council denied a proposed amendment to the Northcorp Industrial PCD to allow medical offices, diagnostic clinics and such. The applicants failed to take any appeal of this decision within the permitted time. On January 19, 1993 F. Martin Perry, Esq. wrote to the City Attorney requesting a rehearing. On February 4, 1993 the City Council granted approval for a rehearing. I believe that the Council's decision to grant the rehearing may have been based on a misunderstanding of the facts or law and I respectfully request reconsideration of that decision. Simply put, my grounds are as follows: 1. Any rehearing is premature at this time since the Snyder case upon which the argument for the rehearing is based, is currently pending before the Florida Supreme Court. Should the Florida Supreme Court reverse the Snyder case, there will be nothing to talk about. 4400 PGA BLVD., SUITE 900 o PALM BEACH GARDENS, FL 33410 e (407) 624 -3900 e FAX (407) 624 -3533 Honorable Mayor and Members of the City Council February 18, 1993 Page 2 2. Even if the Florida Supreme Court affirms the Snyder case, the appropriate remedy is not a rehearing on the merits of the proposed amendment to the Northcorp PCD but rather a determination of whether any ex parte communications existed and were prejudicial. In the Jennings case the court pointed out that even if there was proof of ex parte communications, the respondents would have an opportunity to rebut the presumption that any prejudice occurred to the Petitioner. Thus, the real question is not just whether there were any ex parte communications but whether they were in fact prejudicial to the applicant. The three members of the Council that voted on this petition should state for the public record whether they had ex parte communications and if so from whom and how many, and whether or not they created any prejudice against the Petitioner, Northcorp. 3. In the Jennings case, it appeared that the only ex parte communication were from one side. Based upon public statements by one Councilman, representatives of Northcorp had numerous ex parte communications with members of the Council. It is not fair for the applicant to have ex parte communications and at the same time demand a rehearing because of alleged ex pane communications by others. There should be a full • and complete disclosure and discussion by the council members as to the facts of this matter prior to the granting of any automatic rehearing. In view of the foregoing, I respectfully request reconsideration of the prior decision granting a rehearing and the following: 1. A statement by each of the three council members as to the ex parte communications. This should include how many communications they received from both proponents and opponents and a statement from each council member as to whether they were influenced one way or the other by these communications. In other words, were these communications prejudicial or was the decision based upon the matters set forth at the hearing? 2. That there not be any rehearing unless there is a showing that at least two council members, a majority of those voting against the petition, were prejudiced by the ex parte communications from the opponents. 3. That if there is a showing of prejudice, any future rehearing be delayed until the Snyder case has been decided by the Florida Supreme Court since that case could conclude that ex parte communications are perfectly acceptable. I Honorable Mayor and Members of the City Council February 18, 1993 Page 3 4. That if there is a showing of prejudice and a rehearing is held, all interested parties be given notice and sufficient time to prepare for the hearing. I request notice at least forty -five days prior to any such rehearing. It may very well be that members of the council felt that they had to grant a rehearing since there were ex parte communications. Such is not the case. Further, there may have been some feeling that it was simply easier to approve the rehearing then argue about it. However, that is not the correct thing to do. The rehearing will consume a tremendous amount of the Council's time. It will be a re -hash of all of the same arguments and will be burdensome not only to the Council but to the opponents of the petition. Your immediate attention to this is respectfully requested. Thank you for your consideration. i R WR/kh/25889/Mayor.1tr Sincerely, Raymond W. Royce Attorney at Law j( FB t610 lu'. February 14, 1993 To The Palm Beach Gardens City Council Officials: This letter is designed to speak for the view of a significant number of BallenIsles residents with respect to the proposed construction of duplex residences in BallenIsles. Please consider the following: (1) The overwhelming majority of current BallenIsles residents oppose this project. An extensive informal survey of dozens of BallenIsles residents (at a current population of about 125 homes) not one homeowner has expressed support for this project. (2) BallenIsles has a style and an ambiance which has been carefully cultivated over a three year period. These proposed "golf villa" type attached homes run counter to the spirit, if not the letter, of the BallenIsles commitment. (3) These "golf villa" type homes tend to attract short season "snowbirds" and renters vacationing for a few weeks. BallenIsles is primarily a resident community for people seeking a permanent new home. (4) This project is intended to solve cash flow problems for the developer by providing 100 relatively quick club membership sales. That much needed revenue would accelerate the clubhouse renovation and health club construction projects. Most current residents are concernecd that this short term "fix" will have a long term adverse affect on property values, ratables, club enrollment, and the quality of life at BallenIsles. It is not our intent to feud with our developer. We understand that the BallenIsles residents and the Hansen Group have more issues in common than in conflict. However, we want the Gardens officials to know that on this issue, the Hansen Group is not speaking for the residents. We trust that you will consider all the relevant quantitative and qualitative data and will render a decision that makes sense for BallenIsles and Palm Beach Gardens. Respectfully, • �m 0 NAME ADDRESS PHONE r.7 Cd l-/ 775 C4 7 Cc � ft -7 A-4 e-A &C -Q' ,-. 6 0 • NAME ADDRESS PHONE �z - All- IN • 0 1 • uaV4 snneenn • HONE �z-7 -77,r sc. . ri kl-, p SS `x 5 7' 6 2- >. 7 6.3 5--v ��/ • -I V cum 16 s--�L 71- 9 ADDRESS PHONE LN 14. fe= Ai 62�` 337 � r• 9 X27 -55�� z • • • NAME ADDRESS PHONE • i With an enviable location between Florida's Turnpilm and I -95 on PGA Boulevard, BallenIsles Country Club wraps the best of everything in privacy and prestige. Start with championship golf: Three legendary courses which can only be described as remarkable. Members can rally to Grand Slam tennis or find exciting camaraderie at the club. And the upcoming health spa and fitness center is designed to perfect body and soul. It's all part of the master - planted Club Village at BallenIsks. In addition, a collection of showcase single- family homes offers a new kvel of htxury and comfort to those who demand more. With over 15 designer models for you to see, be prepared to fall in lore with Ballenlsles Country Club. Prices from the $200s to over a million dollars. Gall (407) 694 -1600. hive Where the Legends Live On. BALLENISLES COUNTRY CLUB Located between I -95 and Florida's Turnplae on PGA Boukvard, Palm Beach Gardens. Hansm Florida Resl% Inc., licensed real estate broke. Broker pacdap84m gage& 1 t_ c.�,,,• ..::,.:, °. ;':' apt t .,�r ..r r� ;-..;,�;'.r . ? ...... .,, ,j:� r , i ✓lit "-1 .t v )•�"_ itt T� r !���..ylj���� 6•� .�.•r ,•ate r��',y:`�.,�i�'�ti ^•L: c 4.�� >•�.z.: � *,apt. . c't� . �. cr^ •3-_'� P,:.'C.�1.. -_.. . • �.� r .� ri.. � �= fr• KP -1 sown, �le, + x+ •F r r L3 ^ 1 +1 ? Y , < :-.. '`kt,sr a '•` - r `` ';s `.�' + s ; y LI Ax 44 � �t � �Y i'• � ." T+'� 4� SALES UPDATE BALLENISLES COUNTRY CLUB OF JDM AN AWARD WINNING COMMUNITY Congratulations are in order for Sabatello Homes and Olmstead- Mizuno Development. Both of these builders have been awarded not one, but several prestigious Pinnacle Awards for their homes in Ballenlsles. The Pinnacle Awards, sponsored by the Florida Atlantic Builders Association, are awarded to builders and architects for outstanding achievement in a variety of areas that range from landscape architecture to interior design. Two models in Coral Cay, the Brazilia and Ashler, were awarded the Gold Award for outstanding single- family homes in the $200,000 to $300,000 range. Sabatello's Coquina model won a Silver. The Westbay, a custom single - family home built by Olmstead- Mizuno Development and featured in St. James, won in four categories. Two Golds for overall architectural design and interior design and two Silvers for landscaping and best single - family home in the $450,000 and up category. NE «r MODELS COMPLETED AT BALLENISLES COUNTRY CLUB OF JDM BallenIsles builders have been bury this summer putting final touches on several new single - family home models in St. James and St. George Estates. "Like all of the choice model homes featured in BallenIsles, these new models have captured the one -of -a -kind ambience and elegance of this community," said Richard Mullens, Director of Sales and Marketing for BallenIsles.. "No other community can boast such a remarkable collection of homes." St. James, an enclave of 67 custom homes priced from 5450,000 has five new decorator furnished models including: The Seychelles, a four - bedroom, five bath home with a family room, built by Alan Roberts Construction Co.; The St. Martin, built by Mark IV Developers, offering four bedroom, three and one -half bath; The Paradise, built by Meyer and Schnier Building Corp., a courtyard design featuring a main house with three bedrooms, plus a den, two full baths, two Ohalf baths and a separate guest house; The Sanibel, offered by Pinetree Homes, features three bedrooms, a convertible den and three and one -half baths; and The Westbay, a three - bedroom, four and one- half bath home with a den /media room built by Olmstead - Mizuno Development. St. George Estates which features luxury estates exclusively, has five furnished models including: the four bedroom, four and one -half bath Marseilles, built by Hasey Construction; The Antigua, a four bedroom, six and one -half bath home with a library, built by Audubon - Tuscan Homes; The Turtle Cay, built by Turtle Beach Development Corp., a four bedroom, four bath, two half bath home with a den; The Montevideo, a four bedroom, four and one -half bath home with a study /library, built by Kingston Homes; and Casto Homes' three bedroom, five and one -half bath, plus den Captiva model. Dramatic architectural touches combine with luxurious appointments to give each of these homes a singular beauty and elegance, yet each mirrors the casual elegance which has been established at Ballenlsles Country Club. Other models, including three fabulous courtyard models built by Monogram Building and Design in Crystal Bay, are underway and scheduled for completion this year. If you haven't had an opportunity to visit our fabulous new home models, please stop by the Sales Center for a personal tour. 14 BALLENISLES COUNTRY CLUB OF JDM WELCOMES ITS FIRST RESIDENTS If you've been out on the North Course lately, you have, no doubt noticed the increased excitement in and around the neighborhood of Coral Cay. What is all tiie excitement about? In the 26 years since John D. MacArthur created the legendary JDM Country Club, many have dreamed of calling this home. And now, as Ballenlsles Country Club of JDM welcomes its first residents, that dream is coming true. Coral Cay, a neighborhood of distinguished veranda homes built by Sabatello Development Corp., was the first neighborhood introduced at Ballenlsles. It was the first neighborhood to feature decorator - furnished models. And, appropriately enough, it is the first neighborhood to welcome residents. Since Coral Cay officially opened last February, home buyers have been enchanted by the unique charm and impressive architecture of these homes. Within the first 30 days of the official opening, sales at Coral Cay exceeded 3 million an impressive start for what promises to be one of the most impressive golf and country club communities along the Gold Coast. Coral Cay is one of six individual neighborhoods planned for Phase I of community development at Ballenlsles. These neighborhoods offer a variety of detached, sin le- family fairway, lakeview, courtyard, cus ss airs -f ie Homes ranging in pri ce from the low S200,000s to more than $l million. just as home buyers were impressed with Coral Cay, so were they impressed with the distinguished custom homes of St. James and the incomparable luxury estates in St. George Estates. These two neighborhoods Kill soon follow Coral Cay's lead by welcoming their first residents. "We have come a long way since selecting JDM as the centerpiece for Ballenlsles," said Robert T. Hansen, president of Hansen Properties. "All of our efforts, intensive planning and extensive preparation have brought us to this moment when we can officially welcome the first residents to the community. It's a memorable event for us all." �'A1J- 18 -53 MON 9:e6 FILING Af1L) RETRIEVAL 40-774- 7eO8e - P.03 - - t 0 IIIY f. F. `'y^ . T� 7'hr Alw,ro n!!�L'nra( ('vy. 4aE A 1v /per #� An intimate en lave of 31 lakeside patio homes with three distinct floor plans with three bedrooms and spacious kitchens, morning rooms, and tan,ily rooms. llie Caribbean architecture and tropical water views are sure to please even t e most discriminating. Bones are priced from $265,000- $350,000. ''z _ 7'he Sr. L:Irarlrs ar li'md —d A private settin • with oversized courtyard residence homesites is waiting for the resident of the Estates of Crystal Bay. j6st 52 homes overlooking double fairway views. Authentic stonework and true island colonial archi- tecture grace these most spacious homes. Detached guest cottage suites are included with several models. These residences are priced from $450,000- $550,000. CORAL CAY I his charming village of 105 vcieoda hones offers liner unique residences each with two bedroom suites plus a den /media room whi h can also serve as a third guest bedroom. Charming courtyards with lush' landscap- ing and brick paver patios plus private two -car garages comp, iment the bright and cheery interiors. I lumps are available from $190,000- $270,000. `t WINDWARD COVE Pastel island colors, decorative lattice work and verdant fa abound throughout this neighborhood of 75 patio residences. finishes of these hones will rival those of custom estates cc much more. Private swimming pools and spacious patio hone , from $359,C 'A -- r Al A brand new community of 45 homes on a most spectacular • island is opening this season. Private single- family resid aces to �� s✓, � '� �- a'b...�, �r "• winning interior designs will be offered on perhaps some t r •-"' ..;r'�' apt "y`ti. homesites in any South Florida country club community. Model; construction and homes will be offered from $495,00 C rnd RI 6Y Kenro. y t Two distinct co nmunities for custom estate homes are available at „R Ballenlsles. M411e1 homes from nine of the county's finest builders are wait- ing for your ms echcn. Personal designs, lush landscaping, fairways, lakes and trees complete this portrait of the jewel of our community. Estate homes are preppie from $460A00- $1,200,1)00. T'h C r Sr I ¢s nrr r.�g a,rmsc, m uermrrd„ Bay. w 13 ERA/1 U DA BAY Ballenlsles newest village offers smaller high- quality two bedroc Cages each with a private screened pool and two -car garage. The and retirement homes will be sold completely furnished and ref to enjoy the country club lifestyle. The first phase of 42 ho priced fully furnished from undt BallenIsles Country Club is conveniently located on PGA Boulevard Between I -95 and the Florida Turnpike. The Sales and Information Center is open daily from 9:00 -5:30. i' (407) 694 -16f'0 Broker Participation encouraged. Prices, terms and ' teri, , subject to change without notice. re vistas olf course th award - the finest are under gulf cot - vacation I for you !s will be 6200,000. 2 JANUARY 1993 • FOCUS _` -:...� El • DAMES & MOORE 6400 -A CONGRESS AVENUE, SUITE 2500, BOCA RATON, FLORIDA 33487 (407) 994 -6500 FAX: (407) 994 -6524 February 18, 1993 Hansen Properties 303 BallenIsles Drive Palm Beach Gardens, Florida 33418 Attention: Mr. Nader Salour: RE: FORMER PALM BEACH COUNTY WEST LAKE PARR ROAD LANDFILL AND DEVELOPMENT OF BALLENISLES PARCEL 18 PALM BEACH GARDENS, FLORIDA- This letter has been prepared to respond to questions as to whether the Former County Landfill could affect development of the Parcel 18 area, or whether development of Parcel 18 will affect the landfill situation. Dames & Moore has been involved in monitoring the former landfill area since 1988. A significant amount of data has been collected on the landfill since 1984 when the United States Geological Service (USGS) conducted the first investigation of the site. Based on the significant amount of data available, it is the opinion of Dames & Moore that the existence of the landfill would not affect the residential development of Parcel 18, nor will the development result in negative impact on the landfill, or surrounding properties due to the existence of the landfill. Robert Taylor and Robert Cooper of Dames & Moore attended the Palm Beach Gardens City Council meeting held 2/11/93 and responded to questions and concerns on this subject as follows: • Parcel 18 is located almost 1/2 mile northeast of the former landfill. MIAMI (305) 441 -2355 BOCA RATON (407) 994-6500 ORLANDO (407) 841 -2727 TAMPA (813) 875 -1115 TALLAHASSEE (904) 942 -5615 JACKSONVILLE (904) 398 -1350 OFFICES WORLDWIDE b DAMES & MOORE • Mr. Nader Salour February 18, 1993 Page 2 • Testing of the lake northwest of the landfill indicates that the landfill is not impacting the lake water quality. Samples were taken in the area immediately adjacent to the landfill in the area most likely to be impacted. • Groundwater flowing toward the Parcel 18 area is from the west or northwest part of the BallenIsles development, well north of the former landfill. • The groundwater flow direction in the area of the BallenIsles Development is east to southeast, based on local and regional studies, as well as modelling conducted by the South Florida Water Management District (SFWMD). • • Groundwater from the landfill is flowing in an easterly to southeasterly direction. However, an independent report for the Cypress Hollow Homeowners Association concludes that there is no evidence that the former landfill presents an immediate health threat to the surrounding community. • Any activities that may affect the groundwater flow in a wide area around the landfill are closely controlled and monitored by the SFWMD. This would include activities related to Parcel 18 development. • The Palm Beach County Health Department has indicated to the Florida Department of Environmental Regulation (FDER) that areas adjacent to the former landfill are on city water, and there is no health concern based on their testing of wells in the adjacent areas. • • There is no indication, when the lake was excavated, that the excavation extended into the former landfill area. Historic N AW DAMES & MOORE • Mr. Nader Salour February 18, 1993 Page 3 aerial photographs indicate that the existing lakes were 0 excavated within the former shellrock excavating areas surrounding the landfill. • There is no evidence that the former shell rock mining areas adjacent to the former landfill were used to dispose of solid waste. • Excavated material from the lakes was used to fill in the shell rock excavation areas surrounding the landfill to allow construction of the golf course. • FDER is not requiring additional data collection between the landfill and Parcel 18. In summary, it is the opinion of Dames & Moore that there is no reason not to proceed with residential development of Parcel 18, based on the existence of the former County landfill. Very truly yours, DAM & ,MOORE, INC. r J j Robert G. C7o'ope Associate %l Robert J. Taylor Project Manager • RGC:me D &M File: 17914031 \podl8mem.217 U LAW OFFICES BRANT AND BALDWIN 330 FEDERAL HIGHWAY LAKE PARK. FLORIDA 33403 TELEPHONE (407) 845-1700 W ILLIAN BRANT GEORGE W. BALDWIN February 18, 1993 TO: Mayor and Council FROM: William Brant, City Attorney RE: Points of Clarification - Letter of Resignation by John L. Orr as City Manager dated February 4, 1993 and approved and accepted by the City Council of Palm Beach Gardens on February 4, 1993. (1) The above referenced letter is attached hereto and made a part hereof as if fully set forth. (2) In the event the City Council continues the services of John L. Orr on or after the effective date of Resignation of March 31, 1993, then he becomes Acting City Manager beginning April 1, 1993 until his services in said capacity are terminated, with compensation for the month of April 1993, or any part thereof, being compensated by the approved one month severance pay allowance; and, beginning May 1, 1993 and thereafter until termination as Acting City Manager, John L. Orr shall receive the sum of One Thousand ($1,000) Dollars each week together with current City employee health and hospital insurance coverage at cost of the City. (3) Upon approval by the City Council, the resignation letter dated February 4, 1993 together with the above points of clarity, constitute the complete understanding between the City and John L. Orr as to his resignation as City Manager of the City of Palm Beach Gardens, Florida; these points of clarity are submitted by John L. Orr. Attachment February 4, 1993 , 6 TO: Mayor and City Council FROM: John L. Orr, City Manager I hereby submit my retirement resignation as City Manager of the City of Palm Beach Gardens effective March 31, 1993. I find it very difficult to submit this letter; however, I can do so with the knowledge and gratification that the City of Palm Beach Gardens has a quality of life second to none and has been and will continue to be the place I call home. With the understanding that the City will need time for the selection process of a new City Manager, I will make myself available as long as necessary for an orderly transition. I will continue to represent the City on the Seacoast Utility Authority Board for a minimum of one year or longer. I will continue to provide the City with my expertise in all pending litigation and will expect the City to continue providing legal defense along with indemnification from all litigation • relating to my employment with the City. Any criminal litigation would naturally be excluded. I will request the Council provide me with 30 days severance pay upon my retirement. I will be leaving the City in excellent financial condition with a low millage rate and essentially debt free. The City has been operated like a business; therefore, we have afforded our citizens with excellent service and amenities at a very low tax rate. We should all feel very fortunate with what we have accomplished to date for all the people within the City of Palm Beach Gardens. Accepted as submitted at the City Council Meeting of February 4, 1993.