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HomeMy WebLinkAboutMinutes Council 120392V CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS DECEMBER 3, 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. ROLL CALL The City Clerk called the roll and present were Mayor Martino, Vice Mayor Russo, Councilwoman Monroe, and Councilman Jablin. ANNOUNCEMENTS The Mayor stated the announcements were as posted on the City's bulletin boards. RESOLUTION 109, 1992 Mayor Martino offered the City's and his personal congratulations to newly - elected Councilwoman Lauren W. Furtado. Councilwoman Monroe made a motion, seconded by Vice Mayor Russo, to approve Resolution 109, 1992, "Declaring the Results of the Special Election Held on December 1, 1992." The motion was unanimously approved by the City Council. ADMINISTRATION OF OATH The City Clerk administered the Oath of Office to Lauren W. Furtado, who was elected in the December 1, 1992, Special Election to fill the unexpired term for Group 5 seat, which term expires March 9, 1993. Councilwoman Furtado expressed her appreciation to the citizens of Palm Beach Gardens and to her family. PRESENTATIONS Mayor Martino acknowledged the following employees and presented them with service awards: Bob Clary of the Public Works Department for 10 years service to the City and Barbara Byerly CITY COUNCIL REGULAR MEETING, 12/3/92 Page 2 of the Building Department for 10 years service to the City. He then presented a plaque to Nory Roggen of the Palm Beach Post for 5 years service to the City. ITEMS BY CITY MANAGER TEQUESTA FIRE SERVICE Regarding a proposal to the Village of Tequesta to provide management for fire service, Mr. John Orr, City Manager, stated, because of Tequesta's distance from Palm Beach Gardens, there could be future problems with such an arrangement. He stated such a proposal should be studied further, and Palm Beach Gardens should solve its own problems prior to entering into such an agreement. Councilwoman Monroe and Councilman Jablin stated they did not believe a proposal should be sent to Tequesta. Y Councilwoman Monroe made the motion, seconded by Vice Mayor Russo, for the City to cease discussions on the proposal to provide fire service to the Village of Tequesta. The City Manager was instructed by City Council, as part of the motion, to write a letter to Tequesta stating, because of distance problems, such an arrangement would be inappropriate at this time; but perhaps in the future something could be arranged. The motion was unanimously approved by the City Council. LaRETT CASE At the request of City Manager Orr, a motion was made by Councilwoman Monroe and seconded by Vice Mayor Russo, to approve an expenditure of $15,000 from the Council Contingency Fund as settlement of the LaRett case. The motion was unanimously approved by City Council. CITY COUNCIL., REGULAR MEETING, 12/3/92 Page 3 .JOG ROAD City Manager Orr stated the City had been given traffic information from the County relative to Jog Road and the North County Transportation Study, and asked Mr. Rich Walton and Mr. Lennart Lindahl to give an overview of potential traffic problems should Jog Road be closed through PGA National. Mr. Walton pointed out that City Council had received copies of the final report which was transmitted to L.P.A. and would be presented to the County Commission for their public hearing for transmittal of the Comp Plan Amendment relative to Jog Road. He stated the City's position was to remove Jog Road while agreeing toward reducing densities in the surrounding area. He also stated that comments made the previous day by the County Engineer pertaining to the City's lack of cooperation and failure to meet with County staff were incorrect. He stated that Dan Weisburg, an engineer with the County, and the MPO staff had communicated with City staff quite extensively; however, each time there was any discussion with them, they always prefaced the meetings with the statement they were only creating numbers, that they did not have anything to do with recommendations or final discussion. He also stated they said the City would have the opportunity for discussions before a recommendation was made. Mr. Lennart Lindahl reinforced Mr. Walton's statements concerning communications with the County and the City's willingness to meet with the County. Mr. Lindahl reviewed for City Council a package of materials which included a letter to the Board of County Commissioners from Mayor Martino expressing the City CITY COUNCIL, REGULAR MEETING, 12%3/92 Page 4 Council's willingness to work with Palm Beach County and neighboring communities with regard to density or other issues which might afford a closure on this issue and allow Jog Road to be removed from the Thoroughfare Plan within P.G.A. National community. Mr. Lindahl also reviewed with City Council a report entitled "Jog Road Analysis" prepared by Yvonne Ziel Traffic Consultants. In addition, he gave an explanation of the computer models which were run to replicate the County's data and to examine several alternative scenarios. He also reviewed the other traffic analysis exhibits and discussed the repercussions should Jog Road be eliminated. Mr. Walton mentioned concerns and considerations regarding the Comprehensive Land Use Plan Amendment and his belief that the " Plan could be jeopardized if the land uses were lowered. Mr. Walton and Mr. Lindahl responded to comments from Councilwoman Monroe in which she expressed her desire that Military Trail should "work" first and then Jog Road would be dealt with. Mr. Lindahl stated that additional work needed to be done within the model to attempt a rigorous diagnostic to see whether it portrayed properly the capacities being considered. He stated they looked at existing conditions with Jog Road on the Thoroughfare Plan using the County's information, took out Jog Road, noted the changes that occurred, and saw what the City could do to normalize those changes. He indicated there was no solution to Military Trail problems at present since it had far reaching effects which continued into Riviera Beach and Jupiter, CITY COUNCIL REGULAR MEETING, 12/3/92 Page 5 and Palm Beach Gardens was not able to solve these problems alone. Vice Mayor Russo commented the County needed to be included in the study for Military Trail. The process should continue so that the problem would be eliminated in the north County. In response to Councilwoman Monroe asking if there wa's any hope or optimism for Military Trail, Mr. Lindahl stated he was not able to respond until they had an opportunity to meet with the County and look at the TAZ's that border Military Trail and see how they are being portrayed in the model. Councilwoman Furtado asked if it would be beneficial to hold a workshop with representatives from the County the following week to which Mr. Lindahl responded that the County Commission would meet on Monday, December 14, 1992, and a meeting would be dependent on City Council's instructions to staff. Mr. Lindahl said he would be pleased to come back for a workshop or go straight to the County Commission with the subject scenario. Regarding the County Commission meeting on the 14th, Vice Mayor Russo said the County did not need to know exactly how it would happen; but they needed to know there was a way to make it work, and that the City was going to cooperate. He expressed his concern that there were only five days left. Councilman Jablin stated he would like to schedule a working meeting with the County on Thursday, December 10th, and would also like to get something on the City's books to his proposed resolution. CITY COUNCIL, REGULAR MEETING, 1213192 Page b Councilwoman Monroe stated the two governmental staffs needed to meet one more time prior to meeting with City Council, and requested an additional run be made with all roads being two lanes along with the reduction in TAZ 848. Councilwoman Monroe made the motion, seconded by Vice Mayor Russo, that staff be authorized to schedule a regular meeting for December 10, 1992, at 8:00 p.m., to cover traffic issues within the City of Palm Beach Gardens. Councilwoman Monroe stated her goal of the meeting was to not look strictly at Jog Road but also look at Military Trail and Central Boulevard south of Hood Road. Mayor Martino commented he believed Palm Beach Gardens' staff recommendation was the best scenario he had seen so far to remove Jog Road from the Thoroughfare Plan thereby eliminating the residents' concern who live in PGA National. Regarding Military Trail, the Mayor stated these problems could not be solved by Palm Beach Gardens since the traffic to be dealt was in a "regional mode ". The Mayor congratulated staff for their work in this endeavor. He also stated that five votes were needed by the County Commissioners on this issue. Vice Mayor Russo stated the City Council's goal at the present time was Jog Road although he would be willing to discuss Military Trail the following week if Council so desired. Councilwoman Monroe asked why PGA National should be Council's first priority rather than a joint priority. By focusing on one item, she believed an option was lost. CITY COUNCII, REGULAR MEETING, 12/3/92 Page 7 Mayor Martino stated the current policy of the City Council was to remove Jog Road from the Thoroughfare Plan and the right of way system of Palm Beach County; and in the context of that, the issue of Military Trail was raised. He also stated he would work just as hard on the Military Trail situation, although it was something the City of Palm Beach Gardens could not control outside its boundaries. Councilman Jablin stated he believed the City Council should consider sponsoring a charette for the entire north County area, including the incorporated areas and all the towns and cities which bordered Palm Beach Gardens, to attempt to solve Military Trail problems. He also stated Palm Beach Gardens should be the leader in this area and should ask the Treasure Coast Planning Council to sponsor a charette to deal with these problems. He further stated he wanted to deal with the Jog Road issue on the 14th of December and after that begin dealing with all of north County. Councilwoman Monroe repeated her motion to direct City of Palm Beach Gardens staff to fax all information concerning Jog Road to County staff; to meet with them before next Thursday to discuss any possible perceptions of errors and to discuss the alternatives; for the City Council to meet with both staffs on Thursday night, December loth, to discuss alternatives and any discrepancies which had not been resolved; for Council to take action on the matter at the December 10th regular meeting; and to invite the County Commissioners to the December 10th City CITY COUNCIL REGULAR MEETING, 12/3/92 ITEMS BY MAYOR AND CITY IL PENDING LIST Page 8 Council meeting. Vice Mayor Russo seconded the motion with the stipulation that a resolution be prepared similar to the one submitted by Councilman Jablin. approved. The motion was unanimously The Mayor asked that Council prioritize the 13 items on their workshop list in order to place them on the agenda. Councilwoman Monroe questioned the status of several items on the Workshop Pending List and suggested that staff bring to Council next week information on the following items: 1. LDR's, 2. Facilities Plans /Space Allocations /Referendum, 7. Amendment to Environmentally Sensitive Lands. Vice Mayor Russo suggested that the new Councilmembers be brought up to date on all the items. In order to expedite several items of the Workshop Pending List, Councilwoman Monroe suggested staff give Council information at the December 17th Council meeting on the following items: Curfew for Council Meetings, Emergency Medical Task Force, and Criteria for Evaluation of City Manager, Draft Policy for Reviewing the Current Planning and Zoning Time Frame for Minor Amendments. Council agreed to place the Facilities Plans /Space Allocations /Referendum on the December 10 meeting for discussion, time permitting. Councilwoman Monroe also suggested that staff contact other cities to see what format they use or what they have done concerning these items. CITY COUNCIL, REGULAR MEETING, 12/3/92 Page 9 r,GM14ENTS FROM THE PUBLIC DR. MILTON STERN He congratulated Councilwoman Furtado on her election to City Council and stated the newcomers to the Council would have to work hard to do better than their predecessors. He said they would need to have a concept in mind and a vision of what this city should be like in order for their decisions to be easier. He also expressed hope they would play a leadership role in cementing the surrounding communities and they would all attend the December 14 meeting concerning Jog Road. MR. ROY WATSON Mr. Watson expressed his concern about the status of the City Manager and the recent comments made in the newspaper. Vice Mayor Russo said his name would be kept on file, and he would be notified whenever the item concerning criteria for evaluating the City Manager was scheduled for a future agenda. CONSENT AGENDA Councilwoman Monroe made a motion, seconded by Vice Mayor Russo, to approve the Consent Agenda with the amendment to the Minutes (November 5, 1992), as she had requested. The motion was unanimously approved. RESOLUTION 100, Vice Mayor Russo stated he was unable to vote on Resolution 1001 1992, since he had a financial interest in Hidden Hollow PUD. Mr. Walton gave an explanation of the minor amendment to "Hidden Follow" PUD which provided for an extension of time for the completion of the infrastructure. Councilwoman Monroe stated she believed a five -year extension was excessive and believed two -year increments would be better CITY COUNCIL REGULAR MEETING, 1213/92 Page 10 with re- evaluation each time. RESOLUTION 108, 1992 Mt. Rich Walton stated the petitioner had originally requested a one -year time extension; however, the Planning and Zoning Commission had said they would support a much longer extension because of the economy. Mr. Carl Sabatello explained it was not known when North Lake Boulevard would be widened, that it could be from one to five years before this occurred; and it would probably be one to one and one -half years before the community was started. Following further comments by Councilwoman Monroe and Councilman Jablin, Councilwoman Monroe made the motion, seconded by Councilwoman Furtado, for approval of Resolution 100, 1992, as amended, with the date in Section 1.1. being changed from "June 30, 1997" to "June 30, 1996 ". approved. The motion was unanimously Mr. Walton gave background information concerning the amendment to Preston PUD providing for a wall on the south line, and he explained the petitioner had revised the plans which included more landscaping and modification to the height of the wall. Mr. Hank Skokowski stated they had made a substantial upgrade to the overall character of the wall and the streetscape of North Lake Boulevard, and he gave a detailed description of the revisions to the wail and landscaping. Mayor Martino asked why the wall was not continued to include Preston Courts, and Mr. Skokowski responded there was an existing six -foot wall there which the new wall would abut and join, and CITY COUNCI� REGULAR MEETING, 12/3/92 Page 11 he gave a detailed explanation of the wall configuration and design and the vegetation to be used. Mr. Bill Bryan, 201 Windsor Court in Preston Courts, expressed concerns re: his community. He stated they were not opposed to the wall and did not want to prevent the construction or delay of the wall; but he believed the different colors and different textures of the walls would not be compatible where they joined. He noted, too, although the Australian pines were quite thick in some areas, there were other areas where they were several feet apart allowing visibility of the wall. He also expressed concern that the corner of Preston Courts would not be improved in any way, they would only have Australian pines, there would be no sound barrier to reduce the noise at the intersection, and -� the housing structures in Preston Courts were five feet closer to the highway than in the Preston Community. Councilwoman Furtado asked how the construction of the two walls differed, and Councilman Jablin responded with a description of the walls. Mr. Bryan suggested the differences in the walls could be camouflaged with berming and landscaping. Responding to a question from Councilwoman Monroe, staff responded that the current approved plan for Preston Courts has not been accomplished to date. Councilwoman Monroe made several suggestions concerning the appearance of the wall, including a graduated effect which would diminish the contrast between the different wall heights. Mr. Skokowski responded to a question from Vice Mayor Russo CITY COUNCI$ REGULAR MEETING, 12/3/92 Page 12 pertaining to the color of the wall, and he stated a grey tone would not be appropriate. He stated there would be a transition from one wall to the other which would be screened. Mayor Martino had several questions concerning the landscaping scheme along the Preston Court existing wall, and Mr. Skokowski and staff responded that the existing dense hedge of Australian pines in that area was very thick which provided low and high level screening and would not be affected by the road construction. Councilman Jablin stated there is a traffic noise problem with Preston Courts since the bedrooms of the homes back up to the wall along Northlake Boulevard which will be widened. He also stated that was the southern entrance to PGA National, and he 1-1 believed that area would be landscaped or upgraded in the future and wondered if Preston Courts could be upgraded at the same time. Mr. George DeGuardiola, PGA Ventures, developers of PGA National, stated they were planning to improving the entrance so it would be comparable to the northern entrance to PGA National. He stated they were waiting until the road was finished sometime in September to ensure they will have the proper geometry at the corner prior to enlisting Mr. Skokowski to draw up the plans. He also stated entrance walls are planned for construction along with elegant and elaborate foliage that typified PGA National. Councilwoman Monroe stated she did not want any gaps in the landscaping at the easterly end of the wall, and therefore, CITY COUNCII, REGULAR MEETING, 12/3192 Page 13 suggested a fourth condition be added to the resolution stating prior to September 1, 1993, an approval for the balance of the property east of the wall to Ryder Cup Boulevard would come back to Council, with installation being accomplished by January, 1994. Mayor Martino asked Mr. Brant if Resolution 108, 1992, obligated the developer to install the old landscaping plan in any areas that he is not revising with the new landscaping plan. Mr. Brant responded, "No, we're dealing strictly with the area that we're looking at tonight. It's the amendment." Mayor Martino suggested waiting until they come back to decide which plan is better. Mr. Walton contradicted they were proposing to change the existing area in front of the PUD, and they are proposing to change the plan from what was approved to what exists. Mr. Skokowski stated staff was concerned they would have been left with a non - conforming condition, so it was agreed to change the plan to reflect the existing condition as opposed to the existing non - conforming condition. Following further discussion, Council decided the additional condition would read as follows: 114. The petitioner shall submit to the City by September 1, 1993, a plan pertaining to improvements of the wall and landscaping of the remaining frontage from the east line as approved above to Ryder Cup Boulevard with construction of such approval to be completed by CITY COUNCII REGULAR MEETING, 12/3/92 Page 14 January 1, 1994." Vice Mayor Russo made the motion, seconded by Councilwoman Monroe, that Resolution 108, 1992, be adopted as amended. The motion was unanimously approved. RESOLUTION 111, 1992 Vice Mayor Russo stated, although he had no financial interest in the project, he did have some involvement in the corporation at one time and, therefore, abstained from any discussion of the item. Mr. Walton described the resolution as being an amendment to Emerald Key, a PUD located on Parcel 5A of Ballenlsles, and he read a letter from the Fire Department dated December 3 which stated all concerns could be satisfied by having a door on the front side of the enclosure. Mr. Walton suggested this v stipulation be added as a condition to the resolution. Councilwoman Monroe made the motion, seconded by Councilman Jablin, for approval of Resolution 111, 1992, modifying setback requirements for screen enclosures and pools and spas in Emerald Key. The motion was unanimously approved. ITEMS FOR DISCUS= C. R. CHICKS Mr. Walton gave a description of the petition to allow for a 2COP alcoholic beverage license and a variance to the distance restriction of 750 feet between alcoholic beverage vendors for C. R. Chicks, located within Garden Towne Square. Following discussion, Council directed a resolution be prepared to approve this item. CITY COUNCIL, REGULAR MEETING, 12/3/92 Page 15 .T,,P' S GOLF RANGE Mr. Walton addressed the Council and explained the request was for approval of a temporary access drive at the existing curb - cut just east of the C -17 canal off Northlake Boulevard as well as approval of a sign. He further explained, although the golf practice facility was located within the City Limits of Lake P &rk, the drive was within the City Limits of Palm Beach Gardens. Also, he said the City of Lake Park had approved the facility subject to the City of Palm Beach Gardens' concurrence of the roadway. Mr. George Gentile explained the access was to be only temporary until Congress Avenue is completed, and then access would be a6hieved from that street. He also gave a detailed description of the area and the proposed signage. Rbgarding the signage, Attorney Brant stated the sign would be placed in use in Lake Park and technically it would be an off - site sign. Councilwoman Monroe said she would like to see the sign in Palm Beach Gardens' jurisdiction with appropriate landscaping at the entrance. Attorney Brant stated that as part of the lease of the driving range, the Foundation entered into a lease with the developer all the way to Northlake Boulevard and tied it in under the master lease and added a piece of land which does not affect the use of the existing tin building, making it a point of purchase sign. _, Councilwoman Monroe stated she believed if this was the case, CITY COUNCIL REGULAR MEETING, 12/3/92 Page 16 tie City would end up with a sign in accordance with Lake Park's Sign Code. Mr. Timothy Hanlon stated they would be willing to work with Council on whatever they feel comfortable with, but indicated the golf range would need a sign for identification and safety purposes. Responding to a concern voiced by Mr. Brant, Mr. Hanlon stated everyone is working under the County's Performance Standards and meets those requirements. He also stated there is a 10 -year lease on the property, but the approval in Lake Park is for a five -year interim lease with a three -year extension period. Cpuncilwoman Monroe stated she would like Council to direct the City Attorney to work with the applicant to somehow identify the `_� property as all one parcel, have only one sign installed under the regulations of Palm Beach Gardens, and there be appropriate landscaping along with the sign at the entrance. Atttorney Brant said a resolution could be prepared for the December 17 Council meeting. CITY COUNCIL REGULAR MEETING, 12/3/92 Page 17 °6JOURNMENT T$iere being no further business to discuss, the meeting was adjourned at 11:11 P.M. APPROVAL MAYOR MICHAEL MARTINO COUNCTTMO N LINDA MONROE ,r z ,V� 1�IAYbR JOE RUSSO C U I IC BLTN COUNCILWOMAN LAUREN FURTADO L';IIIA V. KOSIER, CITY CLERK jh 9 •. EXCERPT CITY COUNCIL REGULAR MEETING DECEMBER 3, 1992 RE: JOG ROAD Councilwoman Monroe: "I would like to see sort of a two -part thing. I think the staf f s of the two governments need to meet one more time because I think you've said the County wasn't aware -- there's still some things I want to see that you have a chance one on one or with staff -- rather than wait until you get before us on a Thursday night and each of you explaining the differences to each other; and they're saying, "Well, wait a minute. I haven't had a chance to review this." That's - -you know, I want to be sure that everybody's got their ducks in a row and then have both groups of people in the room at the same time. If you still have any disagreements, we get to hear those disagreements; and I would hope that their staff would be available both in the day time for you to meet and at night time for us to meet. Councilwoman Monroe: How long does it take to do a run for the various... Mr. Lindahl: Several hours. Councilwoman Monroe: Several hours. Is there a cost to the County other than just the time. Is it just their time or do they actually have a dollar and cents amount that they are billed by somebody? Mr. Walton: They do it themselves... Councilwoman Monroe: Speaking only for myself, since I'm saying I think we have two main issues there rather than one, I would just love to see that third column run with, in other words, using the reduction in 848 but run with all of those as two lanes, all of them - -none removed but all two lanes. The reason I say that is (1) the County's LPA yesterday recommended leaving Jog Road as two lanes. We know that the other roads are not likely to be six lanes - -maybe they get to four, but I doubt it. I still want to say, "Does that take Military Trail down ?" Councilman Jablin: I can't see how it possibly can. councilwoman Monroe: I don't know. But ;they keep saying that sometimes the things they thought might happen didn't happen so I'm saying, "Would it ?" Because the minute you close Jog Road up every one of the scenarios... • • Excerpts from tape recording of City Council Regular Meeting, 12/3/92 re: discussion regarding Ordinance 25, 1991. Mr. Orr. Yes sir. The second item I have is, we talked about, and you mentioned that, I know, in levity before about the ordinance we had back a year ago that was, that had to do with the salary situation. And, what I'm doing is recommending tonight is that the City Council continue the implementation of Ordinance 25, 1991 consistent with the adopted budget. And the reason I am recommending this is because I do not believe that the ordinance was wrong and I think it was consistent with the adopted budget and I believe it was consistent with what the intent of the Council was at that time. And, the question that I'm asking right now is that if we have a problem, if anyone has a problem with it, that we would have to go back then and take whatever action is necessary, otherwise, I would rather put this one to bed. Linda Mr. Chairman. Mayor Linda. Linda When I made that request last meeting to bring this to us, my intent wasn't the way it came out tonight. My intent was to have a new ordinance. I don't see how you can go back and say let's continue an old ordinance. An old ordinance, an adopted ordinance is good until it's, you know, good. You don't reaffirm it 12 months later. My intention was to put it to rest by doing a new ordinance, henceforth. So, I am kind of concerned with the way you put that. When you said consistent with the adopted budget, the budget can only reflect the ordinance that you have in, in effect at the time. I had asked a couple of weeks ago for the verbatim on the 2 meetings where we had a first and second reading. I got the first verbatim, but I didn't get the second. And, I did not see any place in there where it said to change that amount. I didn't see where it directed staff to go do anything else. It just simply said let's put it on first reading. So, I'm, I have no problem with considering a new ordinance and I don't think there is any action we can take tonight. Mr. Orr They would have to refer that to our City Attorney. 1 Joe Excuse me. My only question would be on that. If we went and did a new ordinance, it would never pass because this ordinance deals with all the salaries. Linda Say that again. Joe If you did a new ordinance based upon this, it would never pass. Linda Why not? Joe Because. Well, both of us voted against this ordinance. Linda I'm talking about for the future. I'm not talking about this year. In other words, we have a new budget year coming up. If one of us changed our mind, then it could possibly pass 3 to, 3 or 4 to 0. Every single year we can look at a new ordinance and talk about increasing salaries, if we so choose. Don Mr. Mayor. Mayor Yes. Don I think for clarification, I don't understand what we're doing here. We've got an ordinance on the book. It's been budgeted in the book. It's in the budget for this year and if you want to change it for next year, that's what you were talking about. So, I think we've got a totally different issue here. Not to go back and reconfirm anything that was already done. But, I think what Linda is trying to say is, let's look it for this coming year. Correct? Linda That's what I was saying. Well see, alright. I had a concern with the way it was done last time. I didn't feel comfortable with the piece of paper that is before us that had a whited out figure bothered me because it looked to me like some kind of sloppiness. If our signatures are on something that had a whited out amount and it didn't have an amendment date at the top, I had a problem with that. Now, if it's just sloppiness, well, we were sloppy. But the records never showed, at least what's been provided to me by staff, that we never changed that amount. Your comment in the verbatim, whatever I did with them, I had them here. You agreed that twice in here you said that it was $50.00. 2 • • Joe This ordinance is here all signed based upon this. Now that's. I guess that's what I Don I don't understand what we're trying to get to. Joe Yea. Mayor George, I think what we have established here is that Ordinance 25, 1991 as presented and signed I guess, September 15, 1991, is an ordinance that is recognized to be passed by this body. Beyond that, we have a request from City Councilwoman Linda Monroe, to present a new ordinance in conjunction, I would assume, with our new budget, which we are in the process of adopting. I see no problem with that in a legal way. Do you? George No, the Ordinance 25, 1991 that you have on the books has been on the books for a year. It, my copy of it bears signatures and the figures are filled in. I think at this juncture, barring something unusual in the way of a factual case, that the ordinance has been on the books, I don't know of any reason that it should be reconfirmed. I don't think that would be an appropriate procedure and the Council always, of course, has the right to change the ordinance or to consider a new budget and a new ordinance in the future. Mayor So if that's what the Council's pleasure is, we'll instruct the attorney, as along as it is consistent with the Charter, because I don't remember, I don't think we are going to be changing any figures, so I can't see how it wouldn't be consistent with the Charter, but there is some language in there that says we can only do something in a particular way and when it affects our salaries. So, as long as there is no conflict and that's what we pay these guys for, we then would ask for an ordinance, a new, if that's what you all want, to reaffirm the salary figures as we had then in Ordinance 1991 for the upcoming fiscal year. Joe I don't want to do that. Mayor Okay. I try. Joe I mean. My feeling is is I don't. I mean, we already have this ordinance. Mayor Yes. 3. • • Joe Okay and as far as. I am concerned I, I mean, this is the ordinance as I understood it. Now, I don't know if these numbers were. When I signed this Ordinance, this is the way I understood it. These numbers. Now, I don't the question of whether the numbers are there are aren't there, but, again, I don't want to get into, I mean, my own feeling is this is done. I mean, are we going to change the salaries, or are we going to reaffirm these? If we are going to reaffirm these, is this what we thought we voted on. I thought this is what we voted on. Now, I don't know how everybody else feels, if we're going to change this, then fine. I don't mind bringing it up and going through all that legal procedure, an ordinance, and so forth. That would be my only question. I mean, if we're going to change this, then let's change it. If not, then, if that's what we thought we did, you know. Don Mr. Baldwin. Would it be appropriate to have a voice vote at this point in time of the members here present to accept the validity of this ordinance as being factual? George Um. Don That's all I'm talking about.. George Well, that would be more of a consensus type thing as to whether any action should be considered Don Well, that's all I'm saying. George in regards to it and there's nothing improper about that. Don Then I would so move that this City Council agree that Ordinance 25, 1991 is in fact the ordinance that we passed and signed on the 5th day of September, 1991. Joe Second. Mayor Discussion Linda Mr. Chairman, I don't know that I can answer a yes or a no. I can tell you what I thought. I'm accustomed to staff, when there is an amendment to an ordinance, putting a date at the top saying there is an amendment. I'm accustomed to the fact that when there is an amendment, it is usually discussed, 4 LJ either at first or second reading. I don't have any information that says it was discussed. When, you know, looking at all of our back up materials, I don't reread every single piece of paper between first and second reading, unless there is a change. So, I can't tell you whether I signed that with that figure in there or I did not. Because, I, my understanding was that the number was never changed. And that was why I suggested having a new ordinance, that would be my comfort level, saying that that I knew what I voted for. Now, you could say, well gee, didn't she know what she voted for? And I can say, based on the way this City operates, I assumed that that number was a different number. Don Mr. Chairman. Mayor Don Don Based upon Ms. Monroe, if she doesn't feel that this is the ordinance we voted on, she can simply Linda I don't know. Don she can simply vote no, or, but all I'm saying is, is that as far as I am concerned this is what we agreed to. You thought we agreed to. and Joe The only question really is is what the Mayor's salary is. I mean, I was under the impression that it was going to be a 100 more a month. Don uh huh. Joe And that's what it reflects now. Now, if we don't have a, if we think that we didn't vote for that, and that's, then we should be voting no to this. But I thought that we were, of course I voted against the ordinance, but I was always under the impression that in all of the discussions that his salary was being raised for all the expenses. I know we discussed it in the budget hearing. With all the meetings he goes to and all the different things and so forth and that's why we were going to give him the that extra $50.00. That was always the, I don't know how it happened, or what had happened and so forth, but as far as I was concerned, now I don't know whether this is the exact document that I signed, but I was always under the impression that that's the way the ordinance read. 5 • • Don I have no reason to challenge it. That's the reason I made the motion. Mayor Just a couple of things I think the record needs to reflect that uh, first of all, when we set the salaries, we're setting the salaries for a position and not an individual. It could have been Mayor Russo very easily. O.K. So. That's the first thing the record needs to reflect. Secondly, there is no council member that I know of that would influence this staff to make a change of this significance. That's the second thing I would like to say for the record. Thirdly, I would like to point out that staff did do some homework regarding these figures. Holly Vath our comptroller has given us 2 memorandums and found some old notes of her's that verify the point Mr. Russo made. And also, Mr. Brant did give us a memorandum on the same subject and his conclusion was that the numbers in the ordinance reflect what best he could find in the records. So, I think the ordinance itself reflects accurately what the consensus of the majority of the City Council was. So that would be my statement. Anybody that wants to say otherwise, or make an innuendo otherwise is certainly welcome to that opportunity anytime. But the facts remain that's the ordinance, those are the figures we discussed and that's what we've decided this evening. So, all those in favor of the motion Linda Mr. Chairman Mayor Yes Linda I would like to make a substitute motion then. I, that to the best of the belief of the City Council that it is the consensus that this was the figure in the ordinance, because I'm hearing, I'm hearing that answer tonight, and I can vote on that motion. The other one I would have to have an I don't know which puts me in, you know, I've never been in a position in 12 years where I have to say I don't know. Joe What you're saying is that it is the consensus of the Council that this was the numbers. I think it's almost the same thing. Don I think we're playing with semantics. Linda I know. How do you say something, you voted against something and you're asking me to say what did I 6 • think, did we think that was the number. And I Joe I don't have a problem with doing what you want to do. It's the same. Linda Okay. Mayor You were the second... inaudible Don She's got to get a second for her substitute motion. Joe Okay. I'll second that. Mayor Okay, we have a motion that's been made and seconded. Make sure I do this parliamentary correct sir. All those in favor, please signify by saying aye. Council All said aye. Mayor All those opposed. Silence Mayor Now, we're back that Don No, it's dead. It was a substitute motion. Mayor Substitute motion kills the first one, right So the record is clear now on Ordinance 91. Ordinance 25, 1992, excuse me. We won't have to talk about that anymore. 7 FORM 8B MEMORANDUM OF- VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.AS] NAM1 IIRSI NAMI MIDDIPNAME NAMEOFBOARD.('OUNCII- COM MISSION. AU'IHORII'Y,ORCOMMITTEE Russo, Joseph City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNII OF: 18 Sheldrake Lane XM CITY O COUNTY O OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Palm Beach Gardens Palm Beach City.of Palm Beach Gardens DATE ON WHICH VOI E OCCURRED MY POSITION IS: December 3, 1992 )Q ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 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 influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM lib - TAI PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the min of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Joseph R. Russo , hereby disclose that on (a) A measure came or will come before my agency which (check one) xinured to my special private gain, or inured to the special gain of December 3 (b) The measure before my agency and the nature of my interest in the measure is as follows: I have ownership interest in corporation. December 3, 1992 Date Filed , 19 92 by whom I am retained. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 88 - 1.91 PAGE 2 r FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 .AS1 NAME I IRS 1 NAMI MIDDLE NAM[ NAME OF BOARD. COUNCIL, COMMISSION. AU I IIORITY.OR COMMIITEE Russo, Joseph MAILING ADDRFSS THF. BOARD, COUNCIL. COMMISSION. AUl HORIIY OR COMMIITEE ON 18 Sheldrake Lane WHICH I SERVE IS A UNll "OF: IK CIIY O COUNTY O OTHER LOCAL. AGENCY CI I*Y C'OUN11' NAME OF POLITICAL. SUBDIVISION: Palm Beach Gardens Palm Beach City of Palm Beach Gardens DATE ON WHICH VOLE OCCURRED MY POSITION 1S: December 3, 1992 tk )ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 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 influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM KB- 1.91 PACE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the min of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, jnseph R- Russn , hereby disclose that on peremhpr 3 , 19 () Z: (a) A measure came or will come before my agency which (check one) XXinured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: I have ownership interest in corporation. December 3, 1992 Date Filed u re by whom I am retained. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING' IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 1-91 PAGE 2