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,
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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
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which can only be described as
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hive Where the Legends Live On.
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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&
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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 -
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IIIY f. F. `'y^ .
T� 7'hr Alw,ro n!!�L'nra( ('vy.
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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
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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.
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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
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•
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.