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Home My WebLink AboutMinutes Council 101592unr.r. OhTr T. ANNOUNCEMENTS I CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS OCTOBER 15, 1992 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. The City Clerk called the roll and present were Mayor Martino, Vice Mayor Russo and Councilwoman Monroe. The Mayor stated the announcements were as posted on the City's Bulletin Boards. RESOLUTIONS PrSOLUTION —. 1992 Vice Mayor Russo made a motion, seconded by Councilwoman Monroe, to approve Resolution 86, 1992, declaring the results of the City's Special Election held on October 1, 1992, to fill the unexpired term for Group 3 seat. For City Councilman Group 3, Eric Jablin was declared the winner with 2,093 votes. ADMINISTRATION OF OATHS OF OFFICE The City Clerk administered the Oath of Office to Eric Jablin who was elected in the October 1, 1992, Special Election, to fill the unexpired term for Group 3 seat. REORDER AGENDA PUBLIC HEARINGS RESOLUTION 1992 Mayor Martino declared the Public Hearing open, which was CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 2 DONNA FOSTER GEORGE GM DIOLA duly advertised 9/30/92, and held on the intent of Amendment to Development Order for PGA National Resort Community, DRI, requiring conveyance of r -o -w to Palm Beach County for use as a public thoroughfare; reduce density; and requiring a revised master plan within one year. Rich Walton, Director of Planning and Zoning, addressed the City Council stating the Petitioner is requesting an amendment to the PGA National DRI. Mr. Walton stated this would be a substantial deviation hearing to make three (3) changes to the DRI. Mr. Walton stated the Petitioner has forwarded a letter dated 10/15/92, requesting the Public Hearing on Resolution 89, 1992, be recessed until the 11/5/92 Regular Meeting. The reasons surrounding the postponement were Treasure Coast Regional Planning Council and the Department of Community Affairs staff had stated, in their opinion, supporting data was not clear and convincing, and requested additional data on area wide traffic concerns not presently available. Mr. Walton stated all indications are Palm Beach County will be able to provide the needed data by the 11/5/92 meeting. Donna Foster, Department of Community Affairs, addressed the City Council stating DCA would preserve the their right to appeal the amendment to the development order which may be approved for the DRI. George DeGuardiola, representing National Investment Company, developers of PGA National, addressed the City CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 3 Council stating they were in the process of accurately and thoroughly developing the data. Mr. DeGuardiola stated they were working in conjunction with the County, City, Treasure Coast Regional Planning Council and Department of Community Affairs to come to conclusions as to the impacts the removal of Jog Road would have on PGA National. Mr. DeGuardiola stated they do not have the data to arrive at these conclusions at this time, however felt the forthcoming data would clarify the issue. Mr. DeGuardiola felt this issue could be put to rest in the next 2 to 3 weeks. Mayor Martino pointed out the developer and the City are taking back 1,500 units from the originally approved 6,900 units with Resolution 89, 1992. Mr. Tonnessen, 303 Eagleton Estates, addressed the City Council requesting information as to why this has taken so long. Mayor Martino stated although Resolution 89, 1992 was introduced recently, the process for the removal of Jog Road has been on -going between the developer, Palm Beach Gardens, and the County. Calvin Schwartz, Bentwood Road, addressed the City Council requesting to see information on units being deleted. Councilwoman Monroe expressed concern that it would take one year to present a revised master plan and requested Mr. DeGuardiola try to accelerate the data. Mr. DeGuardiola stated between now and the 11/5/92 Council CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 4 W� meeting, they would determine if a revised master plan could be completed in a shorter period of time. Mr. DeGuardiola stated he would have a map of the development on legal size paper for handouts at the 11/5/92 meeting. In response to Vice Mayor Russo, Mr. DeGuardiola stated the Petitioner did not have a problem including a condition in the Resolution stating they will not increase the density on any of the remaining pods. In response to Councilman Jablin, Mr. DeGuardiola stated this reduction is approximately 25% of the approved units. In response to Jay Adolph, 10690 Avenue of the PGA, Mayor Martino stated the removal of Jog Road is part of this Resolution. Councilwoman Monroe made a motion, seconded by Vice Mayor Russo, to recess the Public Hearing on Resolution 89, 1992, until the Regular City Council Meeting of 11/5/92 at approximately 8:00 P.M. The motion was unanimously approved by the City Council. ORDINANCES ORDINANCE Rich Walton, Director of Planning and Zoning, addressed the City Council stating Ordinance 23, 1992, Comprehensive Land Use Plan Amendment #91 -2, included all items which have been workshopped and discussed for some time. Mr. Walton stated the back up material included an 10/1/92 memorandum to the Council stating there are other items being considered besides the MacArthur Foundation land; i.e., future land use CITY COUNCIL REGULAR MEETING, 10 /15/92 PAGE 5 map and text changes relating to the Recreation Element. Mr. Walton stated responses to questions raised during the workshops are included in the package. Mayor Martino read a prepared statement directed to the Legislative Record regarding Ordinance 23, 1992, Comprehensive Land Use Plan Amendment #91 -2 (copy attached), whereby he recommended reference to the 10,000 acres be withdrawn from this Comprehensive Land Use Plan Amendment. Councilwoman Monroe made a motion, seconded by Vice Mayor Russo to advise the Department of Community Affairs of the Council's decision to withdraw the City's Comprehensive Land Use Plan Amendment #91 -2 via the proper, legal and statutory notification. Attorney Brant stated included with the MacArthur Foundation tract were changes to the land use map for recreational sites and administrative details to the recreational areas and requested consideration to eliminate those items if the Council voted to terminate the process. Attorney Brant stated otherwise the City cannot go forward with the administrative items. Mr. Walton stated there are 3 future land use changes, 1) Lilac Street Water Treatment Plant, 9.745 acres; 2) Hood Road Welifield Repump Site, 2.28 acres, and 3) City Recreation Center Site, 1.296 acres. Mr. Walton stated staff has requested these items be changed on the future land use map and text changes to include Riverside Drive CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 6 Recreation Center and The Oaks Recreation Center in the Comprehensive Plan Capital Improvements Element. Mr. Walton stated originally the golf course was part of the amendment, however, Bobbie Herakovich, Recreation Director, requested that be considered as a special use and will be addressed with the next amendment. Mr. Walton stated there is also a revised Capital Improvements Table 9 -3 to be included in the amendment. Mr. Walton stated the ORC report stated there were no objections to these items. Attorney Brant stated, in his opinion, there were no problems retaining this portion of the Ordinance for future consideration. Mayor Martino stated Chapter 163 of the Statutes required a letter of notification from the City of Palm Beach Gardens to the Department of Community Affairs which would delineate what the Council's actions were, which was to withdraw the university site portion of amendment 191 -2 and retain the items which deal with the Lilac Street Plant, Hood Road Wellfield, Riverside Drive Recreation Center and the text changes to the Recreation Element. Mr. Walton stated Ordinance 23, 1992 has been advertised for second reading and public hearing on Thursday, October 22, 1992. Attorney Brant stated Councilwoman Monroe's previous motion would stand, subject to an amendment being, any items pertaining to the future land use map changes as Mr. Walton CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 7 read into the record, together with Capital Improvements Implementation and Table 9 -3, which has no application to the proposed university site, would be retained by the Council in the process. Councilwoman Monroe amended her motion to include "except for consideration by the Council of amendment of the Comprehensive Plan by adding 3 parcels of land to the future land use map, that being the Lilac Street site, Hood Road site and the existing City Recreation site located on Riverside Drive, together with a change of text in Capital Improvements pertaining to Recreation and also consideration of any change in the Table 9 -3, pertaining basically to Recreation ", seconded by Vice Mayor Russo. Vice Mayor Russo expressed concern with the Comprehensive Plan requiring only 3 1/2 acres per 1,000 residents for parks. Vice Mayor Russo felt the Comp Plan should be amended to require the 4 1/2 acres presently available and then amend the Recreation Impact Ordinance to require developers provide the 4 1/2 acres. Mr. Walton stated Ms. Herakovich will be presenting a proposal to the Recreation Advisory Committee to form a task force to evaluate and /or rewrite the level of service. Mr. Walton stated this issue could be considered at the next transmittal. In response to Councilwoman Monroe, Mr. Walton stated the next transmittal would be as soon as this information could CITY COUNCIL REGULAR MEETING, 10/15/92 be processed. PAGE 8 The motion was unanimously approved by the City Council. Attorney Brant stated, after speaking with K.C. Collette, Assistant County Attorney, the Council should make a motion confirming they will not consider an ordinance pertaining to the MacArthur Foundation tract until a resubmittal is made and the process is continued. Councilwoman Monroe made the motion, seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. John Parsons, 1018 Seagrape Way, addressed the City Council re: environmental area and expressed his opposition to pursuing a college in the north county area. Walter Chinn, 2287 Sunderland Ave, Wellington, addressed the City Council stating he was an employee of FP &L and requested the City Council keep open the possibility of having a university in the north county area. Terry Walker, Sierra Club, addressed the City Council and applauded the direction Palm Beach Gardens was taking in reduction of density. Beverly Pope, 5D Lexington Lane East, addressed the City Council and commended the Council for taking a lead in getting a university in the north county area. Mayor Martino stated consideration of First Reading of ordinance 23, 1992, would occur later in the Agenda. CITY COUNCIL REGULAR MEETING, 10/15/92 ri4EMS BY THE CITY MANAGER PAGE 9 EMS The City Manager reviewed the contingency plan implemented after the collapse of Inter -City and briefly reviewed options available to the City at this time. The City Manager stated North County is willing to take over Inter - City's contract, which runs through September 30, 1993. The City Manager indicated Palm Beach County Fire - Rescue has expressed interest in negotiating a two -year contract. The City Manager stated Life Fleet has also submitted a zero base proposal. Councilwoman Monroe stated she would prefer to stay with North County at this time and thoroughly investigate all options for the next fiscal year. Councilman Jablin stated he preferred going with Palm Beach County Fire- Rescue, however, would like a shorter term than a two -year contract. Councilman Jablin also would like to form a task force to investigate the possibility of bringing emergency medical services in- house, which would include ALS and BLS. Vice Mayor Russo felt the City should go with Palm Beach County Fire - Rescue, as they would provide other assets other than just emergency medical services. Mayor Martino felt the City should negotiate with North County to provide emergency medical services through September, 1993, and, that would give the City the -� opportunity to thoroughly explore all other options. CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 10 After further discussion by the City Council, Councilwoman Monroe made a motion authorizing the City Manager to negotiate with North County to provide emergency medical service until there is another motion to change providers, seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. ITEMS BY MAYOR COUNCILWOMAN MONROE In response to Councilwoman Monroe, the City Manager stated he sent out a memo authorizing the Fire Department to continue to be dispatched to all emergency medical alarms within the City and to provide written documentation re: number of units, number of personnel and type of medical problems encountered. COUNCILMAN JABLIN Councilman Jablin reported attending last night's meeting at the high school conducted by Commissioner Marcus re: Jog Road. Councilman Jablin stated he would like something in the record committing Palm Beach Gardens to lowering densities, so an alternate route for Jog Road would not be required. After further discussion by the Council, Councilwoman Monroe made a motion for the Mayor to write a letter to the County Commissioners stating that within the next 6 months, the City will look at historical development patterns in Palm Beach Gardens and compare that with the Land Use map; review comments made by the Department of Community Affairs CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 11 ~~ regarding the City's Comprehensive Plan to determine if lowering densities would be acceptable; advise other northern Palm Beach County communities of the City's proposed planning actions in hopes that, in the same spirit, they would do the same; and, look at roadway capacity at build -out per the County's Thoroughfare Plan and attempt to match those numbers, seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. COUNCILWOMAN MONROE Councilwoman Monroe made a motion, seconded by Vice Mayor Russo, to postpone Items #1 and 2 under Items for Discussion until the next Regular Council Meeting. The motion was unanimously approved by the City Council. rICIPAL LEAGUE COMMUNICATIUN Mayor Martino reported the DCA had Rule 9J -5 - COMMENTS FROM THE PUBLIC RUSSELL SCOTT TOM CELENTANO Revisions /Stipulation of Non - Compliance changed which could conceivably have an affect on municipal government and would provide the Council with a copy of the memorandum. Russell Scott, 4075 Tanglewood #522, addressed the City Council regarding complaints he had against the Police Department. Tom Celentano, Military Trail, addressed the City Council re: Council of Neighborhoods being formed. CATHERINE HEISER Catherine Heiser, 112 1st Lane, addressed the City Council re: need for K -9 unit in Police Department in Palm Beach Gardens. CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 12 c-dNSENT AGENDA Vice Mayor Russo made a motion, seconded by Councilwoman Monroe, to approve the following items on the Consent Agenda: 1. Approval of Minutes - City Council Regular Meeting, 9/17/92. 2. Proclaiming 10/24 -11 /1 as "Florida Red Ribbon Week ". 6. Resolution 93, 1992 - Authorizing Mayor and City Clerk to execute an Easement Deed to Seacoast Utilities for a 20" Utility Easement and a lift station easement located within Lot 14, Block 49, Palm BEach Gardens Plat No. 5. 7. Resolution 94, 1992 - Approving Plat of "The Oaks -Oaks East -Plat 4, created by Ordinance 31, 1989. 8. Resolution 96, 1992 - Appropriating Salaries & Fringe Benefits for Police Chief & Assistant Chief. The motion was unanimously approved by the City Council. RESOLUTION 992 In response to Councilwoman Monroe, Mr. Walton stated Mark Hendrickson, City Forester, had agreed that trees larger ~ than the 4' oaks trees proposed by Petitioner would not be able to take hold and grow due to the small area left by the widening of Military Trail. Councilman Jablin made a motion, seconded by Vice Mayor Russo, to approve Resolution 75, 1992 - Approving a variance to approved landscape requirements on the site of Palm Beach Savings Bank. The motion was unanimously approved by the City Council. RESOLUTION ,/-/, 1992 In response to Councilwoman Monroe, Mr. Walton stated the Petitioner requested a wall - mounted sign on the west elevation of the building rather than a roof - mounted sign. Building Official, Jack Hanson, has reviewed the plan and `� indicated that the proposed wall sign, approximately 30 CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 13 square feet, was 13.2 square feet over code allowance per Section 155.10(A)(2), of the City's Zoning Code, and also indicated the wall sign was not located on the building elevation containing the entry door as per Section 155.02 of the Code. Councilwoman Monroe stated she was not in favor of the wall sign as it exceeded Code by 13.2 square feet. In response to Mayor Martino, Mr. Jim Fullwood stated the color of the sign will be consistent with the pylon sign and will be backlit. Vice Mayor Russo made a motion, seconded by Councilman Jablin, to approve Resolution 77, 1992 - amending Resolution 5, 1989, Site Plan of "Mr. Bubbles Car Wash ", re: Signage and canopy. The motion was approved by a vote of 3 - 1. Councilwoman Monroe cast the nay vote for reasons previously stated. RESOLUTION 87, 1992 In response to Councilwoman Monroe, Mr. Palmieri of Creative Restaurant Ventures, stating the existing sign is relatively the same size as that proposed. Mr. Palmieri stated the proposed sign is 31x10' and the existing sign is 2.5' by 12'. Vice Mayor Russo made a motion, seconded by Councilman Jablin, to approve Resolution 87, 1992 - Minor Amendment to Ordinance 18, 1977, approving signage for Stetson's American Grill Restaurant, Gardens Square Shoppes. The motion was unanimously approved by the City Council. CITY COUNCIL REGULAR MEETING, 10/15/92 z,dBLIC HEARINGS PAGE 14 RESOLUTION 8, 1992 Mayor Martino explained the City Council was sitting as a quasi judicial board regarding this petition. Vice Mayor Russo requested, after the Petitioner addressed the Council, Attorney Brant outline the Code provisions which would allow for a variance. Mayor Martino declared the Public Hearing open, which was duly advertised on 9/30/92 and held on the intent of approving a variance for signage and landscaping for "Publix ", Gardens Towne Square, 4200 Northlake Boulevard. Andrew Brock, agent for Petitioner, P.B.G.S. Ltd., addressed the City Council requesting a variance for a monument sign at the entry of Gardens Towne Square. Mr. Brock stated they are requesting a variance of 5' in height from the required 10' in height for ground signs and a variance of 10' in landscaping on both sides of the sign from the required 15' of landscaping per Section 155.09(C). Mr. Brock stated they have made one minor change in the proposed drawing, which was the removal of all neon from the sign. Mr. Brock stated they are requesting the reveals be allowed to remain and be painted. Mr. Brock stated they are requesting the variance because of the renovation of the existing center and the existing landscaping. Mr. Brock stated, at the City's request, they have increased the buffer zone along Northlake Boulevard by creating a rolling berm which varies in height �- from 1' to 31, with the addition of many live oaks trees to CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 15 meet current code. Mr. Brock stated due to the number of trees and height of the berm, a monument sign was needed to show names of tenants. Mr. Brock stated the Petitioner has changed the name of the center from "Palm Beach Gardens Square" to "Gardens Towne Square" and felt it was important for identification purposes that the public know where Gardens Towne Square was located. Mr. Brock stated the landscaping provided in the existing median at the entry way precludes them from meeting the 15' width requirements for landscaping on the sides of the sign. Mr. Brock stated the shopping center was constructed under the old sign code and that requirement was not in existence at that time. Mr. Brock felt it was impossible for them to make the center island meet code, because it would decrease the size of the driveways and prevent proper ingress /egress. Mr. Brock stated they plan to supplement the landscaping plan with the addition of twelve 25' high Royal Palm trees at the entrance way. Mr. Brock stated because of the landscaping on the sides of the sign, they will have a 2' - 4' hedge of ixora plants. Mr. Brock stated any reduction in the size of the sign would put the tenants signage at a lower level, and landscaping on the sides of the sign would prohibit tenant names from being seen. Mr. Brock stated Publix is located so far back from Northlake Boulevard, their signage would not be visible from the roadway. There being no comments from the public, Mayor Martino CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 16 declared the Public Hearing closed. Mayor Martino recalled the sign was 15' in height to begin with and the Council suggested the Petitioner use the current sign in it's casement for the project, and felt the presentation this evening was basically the same size, however, the casement had been improved. In response to Mayor Martino, Mr. Brock stated the sign colors would match with those in the shopping center. Mr. Brock stated the words "Gardens Towne Square" would be red #209 used throughout the center; Publix would like their green identification sign, and, the future tenants' signs could be within the existing color approvals. Attorney Brant read, for the record, Section 155.18(A)(1), authority to grant variance, petition, fee procedure. Attorney Brant stated this case was being pleaded because of the older requirements of the shopping center. Additional landscaping under the original site plan is why they could not meet the landscaping requirements according the Sign Code as it exists today. Councilwoman Monroe expressed concern that the Petitioner was doubling the length of the sign. Councilwoman Monroe felt a creative sign could be achieved that is not 15' in height. In response to Vice Mayor Russo, Mr. Brock stated even if the sign was 10' in height, he would still need a variance of 5' of landscaping on the sides of the sign, as there is CITY COUNCIL REGULAR MEETING, 10/15/92 only 5' on the sides. PAGE 17 Councilwoman Monroe stated she would like the motion to indicate where the variance meets the intent of the Code. Attorney Brant once again read Section 115.18(A)(1) authority to grant variance, petition, fee procedure. Attorney Brant stated the variance cannot be based on economics. Councilman Jablin made a motion that Resolution 88, 1992, be approved based on the following reasons which are consistent with the Sign Code: 1) this particular shopping center was approved years ago under an old set of standards as far as signage is concerned; 2) existing today is a 15' sign which would satisfy the height requirement, it is also consistent with the approval given to this particular project when it was here the first time; and since this particular site plan was approved years ago, we are faced with a renovation, the island the sign finds itself in existed at that time and that's the main reason why the landscaping variance has to be met; seconded by Vice Mayor Russo. Councilwoman Monroe stated she would be voting against approving this Resolution, because it could be a smaller sign, could be designed where Publix or any other tenant's signage could be visible and felt what the applicant has put into the record is a financial hardship. She stated she could accept the landscaping issue, but the very fact that the sign coming down was the same height, but nearly half CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 18 the width tells us this property owner is requesting considerably more than what is there now. Resolution 88, 1992 was approved by a vote of 3 ayes and 1 nay. The nay vote was cast by Councilwoman Monroe for reasons previously stated. ORDINANCE 22, 1992 Mayor Martino declared the Public Hearing open, which was duly advertised 9/30/92, and held on the intent of Ordinance 22, 1992, amending Ordinance 5, 1989, which created "Golf Estates Villas ", by providing for a one year time extension for issuance of building permits. Mr. Walton stated this item was workshopped and there were no problems. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a consensus of the City Council, the City Clerk read, by title only, on second and final reading, Ordinance 22, 1992. Vice Mayor Russo made a motion to approve Ordinance 22, 1992, seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTIONS RESOLUTION 90, 1992 Mr. Walton stated the Petitioner is requesting a minor amendment to the Admiralty II PUD to replace the existing signage with a new sign for Boston's Steak & Seafood Restaurant. In response to Vice Mayor Russo, Mr. Walton stated the CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 19 proposed sign would be located higher than the 2nd floor and exceeded the Sign Code by approximately 17 square feet. Attorney Raymond Royce, agent for Petitioner, addressed the City Council stating this was a PUD and the Council was not strictly bound by the terms of the Sign Code. Attorney Royce stated this would not be an exposed neon sign as they are proposing an opaque covering over the channel letters. Mr. Royce stated the colors would tie into the color scheme already approved for the building. Councilwoman Monroe expressed concern with the proposed sign exceeding Code by 17 square feet. In response to Mr. Pappalardo, Councilwoman Monroe stated she wanted the City to further investigate and response if there was undue competition being allowed at the Holiday Inn due to their number of signs. Councilwoman Monroe requested a report from staff on this matter. Councilwoman Monroe requested the Petitioner look at reducing the square footage. Councilman Jablin made a motion, seconded by Vice Mayor Russo, to approve Resolution 90, 1992, minor amendment to Admiralty II PUD, approved by Ordinance 15, 1987, re: sign for "Boston's Steak & Seafood Restaurant ". The motion was unanimously approved by the City Council. RESOLUTION 2 Mr. Walton stated the Petitioner is requesting a one year time extension to complete the renovation of the former bank building. CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 20 Don Hearing, agent for Petitioner, addressed the City Council stating there was a funding problem in the renovation. Mr. Hearing stated all plans are completed for the renovation. Councilwoman Monroe made a motion, seconded by Vice Mayor Russo, to approve Resolution 91, 1992, minor amendment to Comfort Inn PUD (f /k /a Gardens Suites Hotel), approved by Ordinance 53, 1988, re: extension of time for completion. The motion was unanimously approved by the City Council. RESOLUTION Councilwoman Monroe stated she was abstaining from discussion and voting on Resolution 92, 1992, as she is on the Board of Directors for Palm Beach Gardens Medical Center. Mr. Walton stated the Petitioner is requesting a one year time extension for expansion of the Medical Center PUD approved 10/3/91. Mr. Walton stated the Petitioner is also requesting an amendment to the PUD phasing schedule. Attorney Raymond Royce, agent for Petitioner, addressed the City Council stating the phasing schedule was contained in the blueprints which were made a part of the approval approximately one year ago, and one of the major items in the phasing schedule was the construction of the Women's Center which was to begin this year. Attorney Royce stated, because of the economic situation and the difficulty of obtaining financing, the phasing schedule has been modified to provide the construction of the Women's Center in Phase CITY COUNCIL REGULAR MEETING, 10 /15/92 PAGE 21 3, which is scheduled to begin in March, 1994. In response to Vice Mayor Russo, Attorney Royce stated the storage facilities have been removed from the site. Vice Mayor Russo made a motion, seconded by Councilman Jablin, to approve Resolution 92, 1992, minor amendment to PBG Medical Center PUD approved by Ordinance 28, 1992, re: extension of time for completion. The motion was approved by a vote of 3 ayes. Councilwoman Monroe abstained for reasons previously stated. RESOLUTION 95, 1992 Attorney Brant stated Judge Brown determined on September 25, 1992, Councilman Kiselewski's resignation was made retroactive to July 17, 1992. Attorney Brant stated the City's Charter reads that within 60 days of the date of a resignation by a member of the Council, the City Council shall establish and conduct a Special Election within the 60 day period, unless a General City Election shall be held with 180 days of the effective date of the resignation. Attorney Brant stated he felt the Council was on safe legal ground following the edicts of the Charter in holding a Special Election to fill the unexpired term of Group 5. There was a consensus of the City Council to amend the dates in Resolution 95, 1992, to hold the Special Election on December 1, 1992, and, if necessary, to hold the run -off on December 15, 1992, and, changing the qualifying period to October 26, 1992 through November 6, 1992. Councilwoman Monroe made a motion to approve Resolution 95, CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 22 1992, as amended, seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. nvnTWAMtT rC ORDINANCE 2 Per a unanimous vote of the City Council, the City Clerk read, by title only, on first reading, Ordinance 23, 1992 Comprehensive Land Use Plan Amendment #91 -2. Mayor Martino stated the Public Hearing and consideration of adoption of Ordinance 23, 1992, was scheduled for Thursday, 10/22/92, at 8:00 P.M. ORDINANCE Per a consensus of the City Council, the City Clerk read, by title only, on first reading, Ordinance 24, 1992, amendment to NorthCorp PCD, re: uses and clarification of specific ti conditions. ORDINANCE 251 1992 Per a unanimous vote of the City Council, the City Clerk read, by title only, on first reading, Ordinance 25, 1992, amendment to Ordinance 3, 1985, approving a 2 year time extension for completion of Gardens Plaza PUD. Mayor Martino stated Ordinance 25, 1992 is scheduled for Public Hearing at the City Council Regular Meeting of 11/5/92. ORDINANCES WORKSHOP ORDINANCE 2 Mr. Walton stated there are 2 separate applications to amend Ordinance 1, 1990, to allow additional uses within the NorthCorp PCD. Mr. Walton stated the applications are to CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 23 allow a medical use and a church use. Mr. Walton stated attached to the staff report were the Petitioners' justifications that were submitted with the original applications. Mr. Walton stated the two uses are included in the Ordinance, as well as 3 clean -up items, clarifying the intent of Condition 6, 21, and 24b. Nick Lioce, agent for CBT, addressed the City Council stating in 1. of Section 1., Petitioner had a problem with the language stating no more than 10% of retail use is allowed on a particular lot within the PCD. The Council directed Mr. Lioce, Attorney Brant and Mr. Walton to work on amending the language for this item. There was a consensus of the Council and Petitioner that the language contained in 2. and 3. of Section 1., were acceptable. The City Council directed Mr. Skokowski and Attorney Brant to define "medical uses (all disciplines) ". The Mayor requested "ct- scan" be spelled out. In response to Mayor Martino, Councilwoman Monroe stated the Council has heard her comments before. In response to Mayor Martino, Vice Mayor Russo stated if this is to be a medical office building, then call it a medical office building. Vice Mayor Russo stated as far as the uses are concerned, this seemed to be more of a surgicenter, rather than a medical office building. Vice Mayor Russo stated his intent was to not have out - patient CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE 24 services. Vice Mayor Russo requested deleting clinics. In response to Councilman Jablin, Mr. Skokowski stated convalescent homes are excluded and there would be no overnight stays. Vice Mayor Russo stated he did not want this to become a testing center. Councilwoman Monroe stated her comments all along have been that she did not want to see any medical use on this site. Vice Mayor Russo requested Mr. Skokowski provide a list of approved office space available in the City. In reference to churches or places of worship uses, Councilwoman Monroe stated her comments are the same as before, however, her negative feelings are not quite as strong with churches. In reference to Councilwoman Monroe, Attorney Brant stated schools and day care centers will not be permitted. In reference to 5. of Section 1., Councilwoman Monroe requested the City Forester, Mark Hendrickson, comment on the quantity of trees that fall between calipers of 4" to 8" which would not be protected. There was a consensus of the City Council and the Petitioner that 28. and 29. under 6. of Section 1., were acceptable as written. Per a consensus of the City Council, staff was directed to schedule and advertise Ordinance 24, 1992 for Public Hearing for the City Council Regular Meeting of 11/5/92. CITY COUNCIL REGULAR MEETING, 10/15/92 .--, EMS FOR 771=SSION PAGE 25 M/I HOMES Mr. Walton stated enclosed in the Council's package was an environmental assessment and preservation proposal submitted by M/I Homes for a 56+ acre parcel located along Central Boulevard, immediately west of the elementary school and Shady Lakes. Mr. Walton stated the Petitioner has been working with the City Environmental Consultant, ,Tim Schnell, on preservation areas. Mr. Walton stated attached to the staff report was Mr. Schnell's analysis and recommendation. Mr. Walton stated staff concurred that while a large, contiguous tract of preserve area is most desirable, the preservation of species on -site warrants consideration and plays a major factor in the location of the proposed preserves. Mr. Walton stated staff recommended approval of the environmentally sensitive lands determination and preservation areas as Petitioner proposed. Nick Lioce, agent for Petitioner, addressed the City Council stating they were not here for site plan approval. Mr. Lioce stated if the proposed preservation areas met with Council's approval, they would start the application process with the Planning and Zoning Department. Mr. Lioce and Mr. Schnelle briefly discussed the proposed environmental and preservation areas. In response to Mayor Martino, Mr. Schnelle stated the Petitioner met the 25; set aside, in addition to maintaining a couple of acres on site. Mr. Schnelle stated initially CITY COUNCIL REGULAR MEETING, 10/15/92 PAGE they wanted to see a contiguous preserve area along the ADJOURNMENT fenced prrserve for the elementary school, however, they 26 found species on site (gopher tortise) that was better left where they were. Mr. Schnelle stated they will remove all Melalucas and the Brazilian Pepper from the site. Councilwoman Monore, made a motion, seconded by Vice Mayor Russo to approve recommendation of staff regarding the presentation of M/I Homes re: 25% set aside. The motion was unanimously approved by the City Council. There being no further business to discuss, the meeting was adjourned at 1:40 A.M. APPROVAL 4 MAYOR MARTINO CS11Ck -MAYOR LTSSO k, 1+� LIN1bA V. KOSIER CITY CLERK COUNCILWOMAN MONROE COUNCILMAN JABLIN TO Legislative Record FROM Mike Martino, Mayor DATE October 15, 1992 RE : Comprehensive Land Use Plan Amendment 1 91 -2 The next item on our agenda is the first reading of Ordinance 23, 1992, which speaks to the adoption of our comprehensive land use plan amendment 191 -2, dealing with recently annexed land area northeast of the intersection of PGA Boulevard and Beeline Highway, also known as the university site. I would appreciate the indulgence of my fellow city council members, as I have some opening remarks I would like to make on this agenda item. As an aside, I have written my comments for the record because I feel it is most important to state my position precisely and have them recorded in the City legislative record. To begin, I would first like to recall some recent historical perspective regarding this comprehensive land use plan amendment. This comprehensive land use plan amendment emerged from discussions between the John D. & Catherine T. MacArthur Foundation and Florida Atlantic University regarding an available and suitable site for a long overdue and badly needed Northern Palm Beach County campus �- location for FAU. Florida Atlantic University's President, Mr. John Cantanese, acting on behalf of the Florida State University System, had agreed with the MacArthur Foundation that this site was the best available location for a campus in northern Palm Beach County. It should be noted that the City of Palm Beach Gardens was not involved in any way, regarding the campus sf`fie- location iscusslons a weep AU and the MacArthur Foundation. In order to comprehensively plan for the long -term use and needs of the FAU campus and surrounding adjacent lands, our City Council voted 4 to 1 to move forward in good faith with the transmittal of comprehensive land use plan amendment #91 -2. We felt it was a responsible action for our City to take and also would help foster the partnership that FAU and the MacArthur Foundation had developed on this important and exciting educational enhancement for our city residents, as well as, all the people living in northern Palm Beach County and Southern Martin County. We have held numerous public meetings and met many times with various governmental neighbors and regulating agencies, much beyond statute requirements. These meetings led to substantial 'modifications to amendment 191 -2. But at no time did we fail to listen, learn, and try to incorporate common sense suggestions from the public, etc., into our amendment. I will avoid trying to describe the litany of events that have transpired since our June, 1991, transmittal of amendment 191 -2 to DCA. I would, however, highlight the seven following important facts that have led me to the conclusion that this comprehensive land use plan amendment ._ submittal should be withdrawn at our regular meeting tonight, and, perhaps, our City should retransmit a more appropriate amendment to DCA at some future time. *First, the State University Board of Regents not only took control of the process that will select a Northern Palm Beach County campus site for FAU, they also have significantly changed and delayed their timetable. This allows us, as the "host city ", additional flexibility in our planning process and timetables. *Second, because we have taken the time to study many technical issues that the Florida Department of Community Affairs asked us to review, we technically have exceeded the deadline for adoption of this land use amendment. A withdrawal, and subsequent retransmition of an amendment, would avoid any legal questions arising in the future. *Third, the county government has expressed concern that this pending land use amendment has created a potential obstacle to their acquisition of certain environmentally sensitive lands in this area. A withdrawal will remove that concern and, perhaps, lead to a quicker and successful acquisition of these environmentally sensitive lands. *Fourth, issues and concerns regarding the CLUP amendment for these lands have been raised by our constituents, by other local governments, by various regulating agencies and by environmental activists, that deserve thoughtful, considerate, and precise answers, *Fifth, we have a new member of City Council, Mr. Eric Jablin, who deserves time to familiarize himself with all the issues and details of this amendment before being asked to render a decision, yes or no. In addition, we now have a vacant seat on the City Council that was not anticipated. We may wish to allow this vacant seat to be filled before we move forward with finality on a final comprehensive land use change for this extremely important and environmentally sensitive area of our City. *Sixth, this has been a rather rough year for relations between City governments and Palm Beach County government. It is clearly time for all our local governments to find mutually beneficial ways to deal with important issues; ways that ensure that the long -term mutual interests of our shared constituencies remain foremost in our decision making processes. *The seventh, and possibly most significant point, is that this amendment may be producing unnecessary and undesirable divisions in our fine and beautiful city. It is my observation, as the Mayor of Palm Beach Gardens, that we may need a new and more constructive process to reach our goals and objectives regarding this comprehensive plan amendment. I believe this new process should be convened Beach Gardens. I would suggest, perhaps, a University Campus Advisory Task Force might be City Council. by the City of Palm Palm Beach Gardens established by our It is not my intention to hold a discussion at this meeting on the merits, or lack of merits, of this particular suggestion. I offer this suggestion simply to illustrate the type of new, and more open, process that I think our citizens may want and deserve in dealing with this most important and critical issue. I'm sure we can agree that we need to begin a sincere effort to bring our City, the County, and all northern Palm Beach County communities together on a location for a university site to satisfy a very real educational need. I'm sure we can agree that we must remove politics, personalties and special interests of any farm from our agenda; we need to heal any wounds, check our egos and attitudes at the door and move forward together. I'm sure we can agree that we need to work together with all local governments to continue to craft a special quality of life for all our citizens. I hope you will agree with me that we should withdraw this amendment from further consideration at this time. I sincerely appreciate your time and attention in listening to my remarks. And I would be pleased to entertain a motion to advise DCA of our withdrawal of Palm Beach Gardens's comprehensive land use plan amendment 1 91 -2 via the proper legal and statutory notification document. EXCERPT FROM CITY COUNCIL REGULAR MEETING OCTOBER 15, 1992 RE: EMERGENCY MEDICAL SERVICE City Manager John Orr: Okay, now that we've got everybody here. On September 26, 1992, (following) the collapse of Inter City, we put into place at that time the contingency plan that Palm Beach County EMS had worked out. In the County's, in the City's two stations we had up until that time been using Inter City on a contract. North County, which is affiliated with Jupiter Hospital, was put into place and under the same circumstances and under the same contractual arrangements the date that we had with Inter City. We have received, and I think I gave you copies of all of them, I hope I have all, number of proposals from various organizations to carry on the emergency medical service. We have two that I had recommended to the Council, one being North County, the other being Palm Beach County. The North County, which is currently serving our two stations under the same arrangement that we had with Inter City, has submitted a proposal to continue the service under the same agreement that we had with Inter City through September of 1993. We have also received a proposal which we'll get into in a little bit more depth, from Palm Beach County Fire Rescue which would be a two -year agreement in which Palm Beach County would furnish the Fire Rescue for Palm Beach Gardens; and then in the second year of the proposal our, the Cities would then supplement personnel into the system which we could make it any amount we wanted because it would make, that would basically give us an opportunity to see what we needed, the distribution of calls, the number of calls, and how they were distributed. And then we could determine if we needed to add six or nine people to the system. The Chief, our Chief, had recommended that we hire, that we add nine people to the system; and I think this is something that could be debated if we decided to go this route. We also received, tonight I think, another copy from Life Fleet which is, they gave us two options, Option A and Option B; and tonight in your package you got another proposal which they're calling zero base proposal and basically what their zero base proposal outlines is that they would provide the 1 • F- IL same service that we currently have at the two stations, the same personnel, three people per unit, and that the City would be responsible for any outstanding debts that they could not collect up to a maximum of $200,000. So what they are saying is you start out with zero and if they collected a 100 per cent, it would cost us nothing. If they didn't, whatever amount they didn't collect up to $200,000, that would be the cost of operating the system. That's the different concept than we received before. Councilwoman Monroe: Is that, do you not mean $250,000? The paper I have here says $250,000, or am I reading, is there more than one thing? City Manager John Orr: They gave us two different proposals. I think it's on the last page. You should have gotten that tonight. Councilwoman Monroe: Oh, there it is... Mayor Martino: That's the one we got tonight. The blue sheets are what we got tonight. City Manager John Orr: Now, what we have in place at present time, as I mentioned, is the North County Rescue, and North County is in the process of being merged or I guess you would say with the, or taken over by Jupiter Hospital and then it would be Jupiter Hospital and North County; and I don't, what would it be called then? ? It would be North County. City Manager John Orr: North County? Okay, North County, an affiliate of Jupiter Hospital. So they are currently handling our emergency medical rescue in both stations, that would be Station 2 and Station 4. They have the same complement of personnel that we had with Inter City, and our Fire Department is responding with the, from both stations, with the North County. The other scenario that I mentioned with Palm Beach County would provide a response from a emergency medical response team from Station 16 which is on, right by Cabana Colony, would also put a unit in Station 4. They would then back up those systems 6 • • with Station 15, I believe which is in Juno, and a station south of here for, and I'm not sure of the number, 22? And that would then back up those systems when, if they got into a bind. The County, we asked them to give it to us in a system that they would do the ALS, both the transport for ALS and BLS, and this would require confirmation from the County commission and also an interlocal agreement. It would also provide or allow the City to handle all the fire control within the City of Palm Beach Gardens, and the County would handle all the EMS commands within the City of Palm Beach Gardens. Anything outside the City then would be handled by the County. However, the closest unit would then respond to any emergency that we had be it inside the City or outside the City. It would also provide in the, this total process, it would allow the City to support Palm Beach County Fire Rescue within the pockets that we have in the City currently. It also would allow County Fire Rescue to also support us outside the City or in some of the fringe areas that we have without building additional stations at this point in time, and it's something that I think we should consider. Also I think we should consider what we have presently working for us and that is North County. They have moved in and all the information I can gather from both Chiefs, the Chief of North County and also our Fire Chief, that they are working in a cooperative spirit; and the job is being accomplished. So I think that one advantage we have, I'll give you two different scenarios. With one we already have something in place and working which is North County. We have an opportunity if we want to go with Palm Beach County to have a prototype of what I think we're going to have in the future and that is a cooperative effort to provide services that may cross various boundaries, be it municipalities and counties or whatever. But I think this would allow us to integrate our personnel into the emergency medical service without a drastic impact on the taxpayers and yet would provide good service and a quality service, and I think it's something that, like I said, would may be a wave of the future and would tend to meet concurrency requirements that we have or are going to have; and I think this is a big concern of not only us but Palm Beach County and other entities throughout, other municipalities throughout the County. So with that I'll answer any questions I can. 3 • • Mayor Martino: Linda, comments? Councilwoman Monroe: Yes, my comment is I agree with one thing you said. We've got something in place right now, and the fact we're in the middle of fiscal year, I think barring anything else I hear tonight, I would prefer to continue with that and then do as much in depth study and workshop amongst those of us up here to determine what we want to do for next year. And I don't mean wait until budget time. I mean begin right now. Chief Brice, you and I smiled an awfully about when are we going to get together and work together, and I'm going to be putting my heels in until it's proven otherwise that that's the direction to go. I think we ought to be fixing one problem and that's the pocket problem. I know that's a difficult issue for the provision of services, particularly for Palm Beach County as municipalities, you know, surround, in the past, have surrounded certain pocket areas. But I think that's the wrong way to fix the problem. I think we ought to be fixing the problem by finding ways and encouraging people to annex in these smaller areas. This shouldn't be, we shouldn't look for a more cumbersome way to do it. I would also want to look very closely at the track record financially of the County over, let's say the last 10 years, in terms of what the millage rate has been for fire protection, because that's all I can look is the combination fire and rescue and compare that with what we've done here in the City. You've gotten some bad press just like we've gotten bad press whether it's warranted or not. We hear various communities in the north county area talk about some alternatives. They say the rates have gotten too high. I don't that to be a fact, but sitting here tonight I don't feel comfortable making a decision to make any other decision other than to continue in the direction we've been going in recent weeks. Mayor Martino: Thank you, Linda. Mr. Jablin? Councilman Eric Jablin: Well, I tell you, Linda, you know how I feel about emergency medical services. I'm very concerned about putting it in the hands of a private company versus putting it in the hands of a municipality or a government agency. I'd like to see a task force that is empowered to give the Council all of the alternatives that are out there, and I am sure there are other alternatives. One of the alternatives is 4 • • bringing it inhouse, and I know it's expensive, and know there has been criticism of that, but there hasn't been much airing of it; and I personally think that there are an awfully lot of people in Palm Beach Gardens who have expertise that we can draw upon for nothing who are public spirited citizens and who would serve on such a Council. Now it's going to take time to get all of this information together, and while that information is being gathered we still have to deliver emergency medical services to the good people of Palm Beach Gardens. So I would like to consider doing something with Palm Beach County Fire Rescue for a period of time because I know I've spoken to John about this and he seems to be leaning in that direction. I would like to see a government agency handling our emergency medical service rather than a private company, and if we could work out some kind of a relationship with Chief Brice and we could lower that amount of time, that contract for maybe two years to at least serving out the term of Inter City's contract which is the way I think, John, you have it worked out with ( ?) County, is that correct? City Manager John Orr Right. Councilman Eric Jablin: If they would do that, that's the direction I would like to see it going and put in place some kind of task force of people from all walks of life, doctors. We haven't had a doctor look at this, and I know doctors out there who have expertise in emergency medical ( ?) systems. Mayor Martino: Joe? Vice Mayor Russo: Excuse me, sir, you said we should stay with North County. Councilman Eric Jablin: No, I'm suggesting we go with Palm Beach County. Vice Mayor Russo: Linda, I know where you're coming, you know, you're basically coming from the system that if it ain't broke, don't fix it. Councilwoman Monroe: On a temporary basis. 5 Vice Mayor Russo: Councilman Eric Jablin: • • Yeah, on a temporary basis, but I think it is broke, and I think these good people here from North County have spent time in the last couple of weeks covering us, and I am very grateful to them doing that. On the other side of it is if they're going to continue to do our medical EMS service, I think that, you know, they're going to have to gear up and do all these different things, and that's not really the direction we want to go in, you know what I mean. I understand what you're saying, let's just follow it out and get through the year and so forth. I would just like to get a stronger direction on which way we're going to go. I guess I feel with the County here is it has a lot of other assets other than just covering our emergency medical service. You know it's covering us up in areas where I think that we're a little weak as far as getting our equipment there and so forth like up in Frenchman's Creek, and I am very concerned about, I mean they have a station right up there; and I'm very concerned with the amount of time it takes us to go from here and get into Frenchman's Creek because they've got to go all the way over Donald Ross and so forth and that provides somewhat coverage on that link. It seems that if we'll'go in this direction it's intergovernmental cooperation that should we in the future to saving tax dollars for residents as opposed to double covering everything like that. I think John says that's probably the wave of the future. Excuse me, and I think that that's probably the way we should try and go if it works. I mean I don't know, I just got this proposal last night, and I read through it. I got home late from a meeting last night and I was trying to read it and understand it and so forth. But I think it has a lot of good points to it and that it's covering us in areas where I think we're weak, and I think we can pick that up with that. So I wouldn't have a problem going in this direction, and I don't know that this might not be the direction we want to take for the future as far as the future route. I don't know about bringing it in house. I think we are technically. I think if we do this we are basically bringing it somewhat in house, you know, and the County... This would be a hybrid system I suppose, but there are those who I think would like to take a look at that and I for one would like to investigate it further. I'm not saying we should do it. I'm only A • • saying we should investigate it and get all of our options before we make a decision that's going to be cast in stone. That's why I don't like the idea of going into a two -year contract with County Fire Rescue right off the bat. Vice Mayor Russo: Well, I think though by doing this we're going to see a lot of bringing it in house. You know what I mean? We're almost bringing it in house by doing it this way, and we're going to experience a lot of things that we wouldn't experience by having a private company, I think, do it. Councilman Eric Jablin: Well I agree with you. I think that's a better way to go. I know some of the firemen called me tonight. They were concerned about it, they had just heard about it just like I have just heard about it. You know, we got this last night and I went to the same meeting you did, and I read it quickly and I know you just got it, John, so it's not that you didn't send it to us. It came in late. And so I haven't had a chance, although it's very well laid out, it's not really fleshed out, and it will be nice if we could get the firemen's impact on this because they seem to be concerned about it; and they're going to be impacted in their fire delivery, in their service too because some of this has to do with not just EMS service but some fire fighting. Isn't that true? Isn't there some fire fighting? And that means they will be working with our men on that level, and I think it is only common courtesy to get the firemen involved in this rather than just passing this tonight, throwing the ball one way. But I would like to go in the direction of County rescue and so consequently I would like to make some kind of a, give you direction to talk further with them and maybe do this at the next Council meeting. City Manager John Orr: Mr. Mayor, can I bring up a couple of things I think may, so that we are not totally misunderstood since you didn't have enough (time) to read this. North County... Mayor Martino: I read it. City Manager John Orr: I understand, okay. North County is willing to make the expenditures necessary to do whatever needs to 7. be done because they have other options coming up at the end of the year, and they can stay with us or go someplace else because they have given that assurance. Also, you talk about, Mr. Jablin, about the fire fighting. What we're doing is we have a lot of equipment, there's a number of pieces of equipment that will be interchanged and can be used and swapped and right now if we needed it, it's not available to the City, and we also have some equipment that wouldn't be available to the County because we don't have any interlocal agreement working at this point in time. Yes, this would involve fire fighting and also it would enhance the fire fighting capabilities, I think, allow our fire fighters who get involved in some additional things. Also would add an additional option for covering some things that probably we haven't covered in the past or areas that I know we haven't covered, the pockets. Also the training, the interfacing with various agencies that have different equipment would provide us with an additional training tool that we would have to pay for if we did it without having that available. So there are some good points in both of them. I think... Councilman Jablin: You're right, there are. But have you talked to the Chief about this. How does our Chief Arrants feel about this? Has he talked to his men? City Manager Orr: I talked to the Chief about both plans. I don't want to speak for the Chief, but I asked him how he felt about - -he was in on the negotiations for the County; and also I asked him about how they were doing with North County, and I think I can speak for him on that. Is the Chief here? ? Yes. City Manager Orr: That you've had no problem with North County. Chief Arrants: The last couple of weeks have been almost a pleasure working with them. City Manager Orr: That, I think, is as much as you could ask for in that particular case, and then he was in on the process, he and Ed, in negotiating and talking to the County to get them to put together this plan that we have presented here. It was our 8 Fire Chief Herman Brice: • recommendation and our suggestion to the County, and one of the things that we really looked at was the proposal that's being, I think there's an ordinance that's being proposed by the County now to do some transportation, allow Palm Beach County Fire Rescue to do transportation because they don't receive a lot of the dollars, especially for the BLS transportation. What we would have here in this particular proposal would be both phases of the transportation process, ALS and BLS, which in turn would provide some additional dollars. That's why we keep the dollars as low as we've got them for the two -year period. Now, I don't know if they would consider the one year or not. I'm talking about Palm Beach County. That would be up to the Chief... through his process. Mr. Mayor, Councilmembers, I'm Chief Herman Brice, Palm Beach County Fire Rescue. Yes, we would be happy I think to explore any cooperative effort that the Gardens was interested in. I think that what we've been talking about can be a model for what this County needs to do in terms of sharing resources between cities and counties. We have a station that's really almost in your city. You have stations that are closer to our response area and our county that could assist us and really help us in terms of our fire protection. It's a chance for us to share our resources, your fire department and Palm Beach County Fire Rescue, and enhance fire protection for both the County residents and the Gardens and also give your people a chance to be involved in developing their ( ?), thus placing a medic unit at your station and then utilizing dual responses between the Gardens and the County in terms of responding to ALS emergency medical calls. We would be working together in the ALS business and the EMS business and would be utilizing personnel from the Gardens as well as from the County to do the treatment on the scene and do the transport. The fact that you, I understand, have a new aerial coming in; we have a special operations unit right over here at 22 which is a very specialized unit that would be able to assist you should there be a hazardous material incident in your city. And I think it's a golden opportunity on both sides to find ways to work together at this point in time because I think all of us are faced with taxpayers and concerned citizens about cost, and if we could just find a way to cooperate together between governments, I think that's a major step forward in 01 • • this County; and it could be a model for the entire north end of the County, and I think that Jupiter and Juno and even Tequesta would be looking at this possibility because it offers a new fresh look on how to provide basic services, particular fire rescue. Mayor Martino: Thank you, Chief. Let me kind of get into the fray here. It's ten 'tit ten and we still have most of the agenda to go through, and this is certainly a very immediate problem that the City faces. Thankfully, it appears to me and I think the Chief has pointed out we are fortunate to have the North County folks here, and from what I understand are doing a marvelous job, very professional; and I want to compliment you and thank you for on behalf of the residents for being here. Sitting here and be the chairman of this group, or the Mayor of this group, I've got to try to sort all of these little nuances out that I've heard now. To begin with, I just want to make a small statement concerning our Fire Chief, Mr. Ed Arrants, who recently was at a Municipal League meeting; and Ed, on behalf of the Fire Chiefs Association, in my opinion, began a very important process much along the lines that Chief Brice just outlined - -the need for intergovernmental cooperation and the need for recognizing where fire stations are and not building one across the street, and the need for knowing what equipment Chief Brice has and what equipment Chief Arrants has. I'm very proud of Ed Arrants. He always does a good job, and he's usually on the cutting edge of things like this, so this, as John indicated, is something that the future probably will see. I remember also, Chief, I was at your meeting at your invitation; and I believe the message that I left was you're going to have to do more with less, and this is an indication of again I think the fire professionals responding to what the 90's are going to need. Beyond that I'd also like to say that I know in our own department that there are a lot of fine young men who are very interested in getting into this type of activity and increasing their professional life in this direction. Now that we have an opportunity to flush that out if you will and see if there isn't something there that we may have missed. I'd like to have that opportunity to explore that as well as the other things that are on the table. I think Linda Monroe's suggestion at the moment probably is the best. I think if we could arrange something with the North County folks 10 • C� to pick up the contract until September - -I think that's when it runs out, John ? -- City Manager John Orr: Right. Mayor Martino: Okay - -pick up the contract until September and continue the fine way they're responding to our needs in the City of Palm Beach Gardens, it would then give us an opportunity to really get into an in depth study of some of the very fine things that we're listening to and starting to discuss tonight, where there are some very real consequences on a lot of other areas that we might not be able to notice tonight because of the lack of time to digest all of this. I'd like to make the suggestion and if we could perhaps get a consensus to do that and then immediately pledge, because as you said, Linda, it'll be September before we know it, get into the business of evaluating what would be best for the future of Palm Beach Gardens and emergency medical services. Councilwoman Monroe: Mr. Chairman, in keeping with what Mr. Jablin said, I think it would not be - -even if I had a tendency to lean in the other direction, in the direction you're suggesting of going with the County's proposal, I certainly wouldn't want to do that tonight. As you pointed out, I would like to have some input from the Department. I'd like to have as much information as I can get my hands on on that because I think we're dealing with a potentially very emotional issue here as well as the well -being of the residents of Palm Beach Gardens and northern Palm Beach County. And that being the case, you know, we've had, we've got this company that's come in to help us out; and I don't really think it's quite fair to have them hanging around - -Well, we may keep you another week and another week. They jumped in here and did something for us on the spur of the moment in a crisis situation, and in the amount of time it's going to take to decide whether we want this to occur, I don't like just having them dangling around a little bit longer and a little bit longer. They've agreed that they, according to Mr. Orr, that this isn't going to cause them a problem in terms of their equipment, and if we continue with this, I agree with your thoughts of getting as much input. I like other people to thrash it out where I don't have to do every bit of it. Maybe I'm a little bit lazy, but dig through, sort out all the 11 • • pieces and help us then with the best alternatives with the most information and that will take a while. We need to do that almost immediately in order to point our City Manager in the direction that we want them to go. Councilman Jablin: Well, are you suggesting to keep North County for a full year? Councilwoman Monroe: It won't be, well, I say it'll be... Councilman Jablin: It almost will be a full I mean I'm not saying tr scope of things, but I can't do the same thing North County, pardon me, Rescue. year. That's a long time. gat it's a long time in the can't understand why you for North County - -not the for Palm Beach County Fire Councilwoman Monroe: But we don't have, you said you wanted the input of our own folks here that work for the City. Councilman Jablin: Yes, you're right. We can do that at the same time, but if we're going in the direction of County... Councilwoman Monroe: Are we? Councilman Jablin: Well, I don't know. I've been saying that and I thought that's what Mr. Russo was saying and the Mayor. He was talking about interlocal cooperation between the County and the City, and this is the direction of the future. Councilwoman Monroe: We don't know that we ... my understanding and the Mayor may be able to shed more light on it since he was at this meeting. Right now we have an agreement with the Police Departments and Fire Departments, am I correct, Mr. Chairman? I mean Mr. City Manager, interlocal amongst the cities where if we have a crisis other cities will come in and help us whether it's police or fire. Chief Arrants, is that correct right now? City Manager Orr: That's a mutual aid agreement. 12 • Councilwoman Monroe: That's what I meant. Okay, and we're not charging each other for that, am I correct? ? That's correct. Councilwoman Monroe: That's correct. If we have a crisis here, they come help us. Conversely, if they have a crisis, we go help them. You know, I've heard you talk about the possibility of doing it in house ourselves not somebody else. That's still another alternative. Councilman Jablin: That's an alternative, but I'm not suggesting we do that. That's a very big step, and I don't think that should be taken in a month or two or three months. It takes a long time to decide whether you want to do that. We're talking about a lot of money. But the proposals that were brought to us tonight by the City Manager to work out an interim situation, if you will, gives us the ability to choose between either County or North County, okay? A private company or a government agency, and I told you as I said in the outset that I'm more comfortable going with the County at this point using them as an interim service, if you will, if they are agreed, if they agree to do that. I don't know if they would, but if they agreed to do that then I want to compliment the people at North County. I really do. They've done a marvelous job, but if what I'm hearing from Joe, now I don't know, maybe we're split on this, but I particularly would like to see the County Fire Rescue service us, at least for the time being. Vice Mayor Russo: What do you mean, on an interim basis? I mean... Councilman Jablin: Well, for at least a year, for a year. I'm talking the same relationship that we would have with North County, I'm suggesting we have with Palm Beach County Fire Rescue. Vice Mayor Russo: Well, I guess we're split then. Mayor Martino: The reason why I'm maintaining, if you will, a position that tends to lean towards the North County group, it in no way infers any deleterious thinking 13 0 • as Chief Brice knows regarding his crew. What my concern is the fact that if we were to bring the County Fire Rescue group on board in the fashion we're looking at, it is a different and more of a major step than I perhaps would like to take at the moment. Because I do truly want to evaluate the emergency medical services for the future of Palm Beach Gardens, and I truly want to take a look at what types of talent we have in house. I haven't had that opportunity to do that yet thoroughly. I would like to measure all of the proposals that are on the table, and I would like to do it in a thoughtful and professional way. And if the North County folks are willing to serve out the contract, we would basically have the same type of services that would incur policy wise, rightly or wrongly, had Inter City still be in existence today. That's why I'm trying to maintain this ( ?) approach, if you will. Moving to the Palm Beach County Fire Rescue is a major step in my opinion. It's a sharing, if you will, of responsibilities not only in the ALS and BLS areas but also the way this contract is worded in the other areas of the fire service, and I haven't seen anything here yet that raises the comfort level for me to that degree. I'm not saying that I couldn't get there because that happens to be some of my tendencies generally. But for the moment, I think the prudent step for the City of Palm Beach Gardens and the best step is to talk to the North County folks and see if we can't maintain them here for the moment. If it's six months or if it's a year, I don't care to debate the time limit or the term limit, and I do make a commitment to do the things that I just said. Vice Mayor Russo: Mr. Mayor, I would, you know we do have a long agenda... Mayor Martino: That's right. Vice Mayor Russo: And I know it may not be fair to these people to have them do it another two weeks, but I don't think we're going to reach a decision here because I don't... willing to make the decision here this evening because I think we've seen an excellent plan that was proposed by Palm Beach County that I might be swayed off of if I believe that it's not as good as what I'm looking at now. And I'm not going to do that here this evening and we've been talking about it as you well know for the past twenty 14 • • minutes or half hour, and I think if we talk about it another half we're going to basically at the same point. I mean I'd really like to get more comfortable. I have not had the opportunity to speak to our Chief, and I would not want to put him on the spot here this evening. I had a brief conversation with Mr. Orr on this before, and he really hasn't given me his recommendation, and I would just like to hear what people have to say before I make a decision. At this point, I'm leaning the one way and I would just like to wait a little bit and let's do it in two weeks. I know it may not be fair but I don't want to... I'd rather, if I'm going to go to Palm Beach County, I'd rather know that was the way I was going to go; and if I was going to go with North County, I'd rather, you know, I mean I want to make a f irm commitment as opposed to a half and half one. Councilman Jablin: I agree with you, Joe, I too would like to table this for another couple of weeks so we can examine it a little further and get more in agreement with where we're going. Mayor Martino: Make a motion for three weeks. City Manager Orr: Before you make a motion, can I make a recommendation also? We need the emergency medical service for the time being. I think North County, if they would be willing to continue to serve under the existing contract so that they get paid for it, they're not going to do it for nothing, then we would have an opportunity to review not only this contract but the others that have been presented, the zero base concept, whatever. Councilman Jablin: I'll go along with that if they will. Peter Allen: My name is Peter Allen and I'm a former resident of Palm Beach Gardens and now your neighbor in Jupiter. I'm the General Manager of North County Ambulance, and just speaking for North County, we'd be happy to stay here for as long as you would like us to stay until you decide what you want to do, and three weeks will be fine. I'd like you all to have a chance to look at all the facts and make a wise informed decision. 15 0 • Mayor Martino: Thank you, Peter, we appreciate it. So now we have... if somebody can make a motion, I can't do it. Councilwoman Monroe: Which motion ... are we looking for something what John just said? Mayor Martino: ...Entertain a motion that we state for the record that we will utilize the North County group for the following three weeks. Councilwoman Monroe: Right. Could I make the motion that we're authorizing the City Manager to continue to authorize, we're authorizing North County to provide medical service, emergency medical service, but rather than put three weeks what if we lost a quorum for some reason just until that motion is overturned? Mayor Martino: Fine with me. Councilwoman Monroe: Until there is another motion to go in another ...to change providers. vice Mayor Russo: I'll second that. Mayor Martino: Okay, we have a motion made and seconded. Is it clear? Everybody, any discussion? All in favor, signify by saying aye. All: Aye. Mayor Martino: All opposed? (No response) Okay, thank you. Thank you, Chief and thank you, Chief. jh 10/22/92 16 TB • f • Excerpt from City Council Regular Meeting October 15, 1992 Re: Jog Road Councilwoman Monroe: Mr. Chairman, I can't second it because I don't believe that really does anything more than our resolution has already done. We have not waved enough in front of them, given them enough. We're really simply saying "take it off" which we've said. If we want to make any dent in their perception of what we want, we're going to have to give them something a little more concrete. Here are some things that we will look toward. (applause) I didn't think it was that monumental. Well, I just think that they need to see a little bit more. I've already said it. I've said I believe we need to be able, and I suggested we do it next week but we've ended spending that much time tonight. I think we need to say that, we need to tell them when, we're going to in the next six months, we're going to look at development patterns in the City, how they have historically built out. We're going to look at what DCA has said to us because what you're saying, Mike, I know the implication of what you're saying, but I'm not sure that they cast in stone exactly where and how much in terms of the densities. I don't know that they wouldn't have approved something less as long as we dealt with certain issues like the mass transit which... Mayor Martino: Linda, let me tell you the way to do it right now, and we can save all of the conversation. We have a situation where we grant developers a bonus of two units per acre. Let's entertain, and I'm willing to do that; I've got a developer looking at me now, and I've got another one over there and there' s a bunch of them out there. I'm willing to entertain now tonight making a commitment to remove that bonus density from our Comp Plan. That's my carrot. Councilwoman Monroe: I have a problem with that because that's 1 one of the things that has been a way of negotiating .................. What I would suggest was that within the next six months.. give them a time period, whether it's six months, eight months, whatever that we would review our historical development patterns and density, we would look at the carrying capacity of the roads, the number of acres that are not yet committed per a development order, attempt to come as close to a match as we can. I don't know a better word than match right now. And that we would in the, what's the word I'm looking for, interest of intergovernmental coordination, convey this also to the surrounding municipalities or the additional northern Palm Beach County municipalities as well as Palm Beach County in an interest to get them to make the move in the same direction. Vice Mayor Russo: Okay, that's what you want to do? I'll second that motion. I don't have a problem with that. Mayor Martino: Discussion? We're going to try to figure out the carrying capacity of the road network at build out. Let me spend a couple of minutes talking about that road network. Do we, whose plan are we going to use, Linda? Mayor Martino: Ours. No, ours is... Councilwoman Monroe: Right, ours, we only have City roads. We can only talk about the County's proposed laneage. For instance, ...maps last night showing all the six lane roads. I don't think any of us want to see eight lane roads in Palm Beach Gardens, and that's the point I think where the Planning Directors have a problem with the traffic. It's what drives what. The traffic folks say we can make it work. We buy up some more right of way and we put in an extra lanes and it'll work. The residents of Palm Beach Gardens would lynch us 2 �J • overnight if we said that's the direction we were going in. They don't want to see an Okeechobee Boulevard and Military Trail type of intersection, and we're awfully close to that right now. Mayor Martino: What we're going to do here is suggest we're going to use the County's Thoroughfare System at build out. Can we get a commitment from them that if we go through this effort and take that step that they will begin immediately the reservation procedures for that right of way which they have not done since they produced the plan. That's the problem. That's why I say Jog Road will never come to be because it's been on the books since 1973. People say it wants to go from A to B and there are so many links missing that have not been accomplished that the road will never be a thoroughfare system. There's simply no way. I think that's what we should make Palm Beach County come to us with. How are you going to get from here to here with this thoroughfare. It's got to go through environmentally sensitive lands as it's planned now. It's got to go through the water catchment area as it's planned now. There's links missing in the south County as it's planned now. There's no reservations for this right of way. These are the questions that need to be pointed out and asked, and if there's reasonable answers to them, I'm a reasonable guy. I'll recognize that then this isn't a fantasy and it will be a reality. But I'm here to tell you that since 1973 they have done diddly squat in reservation preservation for their thoroughfare system. Jog Road is a good example. The City of Palm Beach Gardens has because it was asked to do it and we responded to the, you know where I'm coming from, Linda, you work down there. Councilwoman Monroe: I know what you're saying but the only problem I have with what you're saying is that no government can be expected to buy all of the needed right of way. In theory when they first came up with.... 3 • • Mayor Martino: I'm not asking them to buy it. I'm suggesting they lay out a plan for some type of reservation system so that we know where these roads are going to go rather than put lines on a map and then leave it to some future County Commissioner or Commissioners to just arbitrarily take out a link as they just did back in November with the western section of Donald Ross Road. Councilwoman Monroe: I know what you're saying, but I think one of the problems I've had as it's been given to me and I can't tell you that I know this for sure, and.Bill may be able to help me out on this. My understanding is there's also legal constraints in terms of the minute that you put something down on a map that you've got to pay for it. And that puts an awful bind on them because if they had to buy all the right of way for all six lanes for all roads right now, then the lynching ropes that have been waiting for us outside would go downtown because the tax payers wouldn't be able to afford. So it's like they're damned if they do and damned if they don't because we need the right of way. But at least if you use the methodology I just said, we're looking at the worst case scenario, the maximum number of lanes, if it doesn't come to pass we've still got a problem. Mayor Martino: Eric, do you understand what Linda wants to do here and are you in agreement with it? If you are, I'll just write the letter. All we need is three votes. Councilwoman Monroe: Do you want me to repeat it? I don't know, this is the third time, I don't know if I can say it a third time. Within the next six months, during the next six months, we will look at the historical development patterns in Palm Beach Gardens and compare that with what we have on our Land Use map. We will review what the Department of Community Affairs, the comments they have made to us on our Comp Plan to see if lowering any densities looks like it would be 4 0 0 acceptable to the Department of Community Affairs. We will advise other northern Palm Beach County communities of our proposed planning actions in hopes that they in that same spirit will do the same thing. Did I leave out the one part, I've said it so many times. As we look at the roadways, we will look at the roadway capacity at build out per the County's Thoroughfare Plan, compare it with our undeveloped plan, and attempt to make a match on those numbers recognizing we can't totally solve the problem because there are other jurisdictions involved in this. We will do our part. Vice Mayor Russo: Motion being seconded. Mayor Martino: Motion being seconded. Do you have any questions or discussion? ? No questions, no discussion. Mayor Martino: Let me just ask one, aren't we going to make the connection as Vince said, if we do this and you take Jog Road off? ? I wouldn't do it. Mayor Martino: Oh, okay. ? You wouldn't? Why not? ? Okay, you want to do it, do it. Councilwoman Monroe: How about in an effort to... ? I don't know that that's a necessary step but okay. Councilwoman Monroe: How about, "In an effort to encourage you to follow our request of Resolution..... here's what we offer as our part of the process." Mayor Martino: But I'm going to make the connection, you know, we're going to go ahead and do this and you're going to go ahead and do this. Councilwoman Monroe: No, we just say, "In an effort to encourage you to do this." 5 0 (overlapping conversation) Councilwoman Monroe: Mayor Martino: All: Mayor Martino: 10/16/92 jh The point is, they're not going to have any trouble understanding. Motion made and seconded, all those in favor signify by saying aye. Aye. All those opposed? 2 FORM BB MEMORANDUM' OF' VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL` -PUBLIC OFFICERS I��L RBI NAr.11 )MII)I)I1 NAM/ N� /O7 COMMISSION, AU 111t.ING DDRI SS THE BOARD. COUNCIL COMMISSION. AUTHORITY OR COMMITTEE ON _ �� /j�� WHICH I SERVE IS A UNIT OF: /��T C11Y O COUNTY O OTHER LOCAl. AGENCY /✓j NA E OF POLITICAL SUBDIVISION: DA1 E ON WHICH V01 F: OCCURRED /d - /S 9 -�,- MY POSITION IS: LE(TIVE O APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have%a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.303, FLORIDA STATUTES ECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the `minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on. a measure which inures to his special private gain. Each local officer also is. prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to infl.uence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making. any attempt`to influence the decision) with.the person responsible for recording the minutes of the meeting, who will incorporate the form -in the minutes. • A copy of the form should be provided immediately to the. other members of the agency:' • The form should be read publicly at the meeting prior to consideration of the, matter. in which you have a conflict of interest. CE FORM RB- 1 -91 ' PAGE I IF YOU MAKE. NO ATTEMPT TO I;NFL, ENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: 0 You should disclose orally the nature 6f4 your conflict in the measure before participating. • You should complete the forwarO file it within 154Aays after the vote:occurs with the person responsible for recording the minutes of the meeting, who should, inpAporate the'form in the minutes. r. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, &'VRVc5' , hereby disclose that on aG�TD��2 % �- 19 /Z (a), A measure came or will come before my agency which:(check one) inured to,my special private gain; or V inured to the special gain of &M <5A7 Ab)"In- &W7-155X by whom I am retained. (b) The measure before my agency a'nd, the- nature of my. interest in the measure is as follows: Awls' // &ICiL � �Z d-/ -- - - - - - -- Date Filed. r 'gnature NOTICE: UNDER. RR`OVISI:ONS OF-FLORIDA 5TATUTES. §112.317 (1985), A.FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS F'OR AND MAY BE; PUNISHED BY ONE OR MORE OF THE FOLLOWING: 1MPEACHIVIENT REMOVAL OR SUSPENSION FROM. OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN4 SALARY ,REPRIMAND, OR .A CIVIL, PENALTY:NOT'TO,EXCEED $5,000. s CE FORM'8B,- 1-91 PAGE 2