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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JANUARY 3, 1991
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, Councilwoman Monroe, Councilman Riselewski and
Councilman Russo. vice Mayor Aldred was not in attendance
as he was ill.
ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the
Planning & Zonirg Commission on Tuesday, 1/8/91 at 7:30
P.M. in the Council Chambers; a meeting of the Recreation
Advisory Board on Tuesday, 1/8/91 at 7:30 P.M. in the
Community Center; a meeting of the Beautification &
Environmental Committee on Wednesday, 1/9/91 at 7:30 P.M.
in the Community Center; and a meeting of the Policemen's
Retirement Trust Fund Board on Tuesday, 1/15/91 at 6:30
P.M. at the Central Fire Station,
CALL, FOR BIDS Per the recommendation by the City Manager, Councilman
Kiselewski made a motion to award the bid to Northwest
Truck Parts, Inc. for $25,700.00 each for 2 reconditioned
2 1/2 ton Military Type 6 x 6 diesel powered vehicles,
WDfirefighting package and safety package; and award the bid
to Elite Foams, Inc. for $1,675.00 each for a Class A Foam
V COUNCIL REGULAR MEETING, 1/3/91
PAGE 2
Proportioner System, as opened and read at the 12/20/90
Regular Meeting. The monies are to be taken from the
following accounts: $50,000 from Account No. 12- 64.10;
$1,400.00 from Account *Io. 12 -46.90 and $3,350.00 from
Account No. 12- 64.20; seconded by Councilmen Russo. The
motion was unanimously approved by the City Council.
ITEMS BY THE
CITY MANAGER
HOLLY SQUARE
Mayor Martino stated per Section 156.06, Appeals and
Review, of the City's Code, the City Manager has listed
the following errors in the Site Plan approval for Holly
Square:
®
1. T1. compatibility of the project with the
neighborhood.
2. The grandfathering provision which allowed the land
use designation of 8 dwelling units per acres (11
units total) versus the current designation of 7
dwelling units per acre (10 units total).
3. Review a final site plan for compliance with
conditions rade by the Planning and Zoning Commission.
Mayor Martino stated a letter had been received from
Lawrence W. Smith, representing the petitioner for the
project.
Rich Walton, Director of Planning and Zoning, stated the
letter from Attorney Smith, stipulated that on behalf of
his client, that the City Council grant the appeal,
meaning that the Site Plan Approval by the Planning and
Zoning Commission would be null and void and that any
subsequent project would be developed in accordance with
the current code.
COUNCIL REGULAR MEETING, 1/3/91 PAGE 3
Attorney Brant stated if the appeal is granted, the client
reverts to utilizing his 5 platted lots in accordance with
the current code.
Mayor Martino stated advertising was posted on December
27, 1990, at the Post Office Depot, Tennis Pro Shop,
Community Activities Building and the Corridor at the
Municipal Complex. Mayor Martino read into the record the
letter from Attorney Lawrence Smith (copy attached).
Councilman Kiselewski made a motion to grant the appeal as
presented by the City Manager, and that any approvals
granted by the Site Plan and Appearance Committee be
revoked on this particular project; seconded by Councilman
Russo. The motion was unanimously approved by the City
Council.
The City Manager was directed to notify the petitioner of
the Council's action.
NORTH PALM BEACH
ANNEXATION The City Manager stated staff has reviewed proposed
annexations by the village of North Palm Beach and have
determined the City has no legal standing in the
annexation process. The City Manager stated the City
could address their concerns to the County as to the
treatment of the annexation process and if it meets the
requirements of Chapter 171. The City Manager stated
residents of Hidden Key are of the opinion that the City
• did not follow through with an agreement to dredge the
canal behind their property when Golden Bear Plaza was
CF COUNCIL REGULAR MEETING, 1/3/91
PAGE 4
completed. The City Manager stated this was a private
agreement between Golden Bear, Oakbrook Property Owner's
Association and Hidden Key Property Owner's Association,
and did not involve the City. The City Manager stated the
City 'annot enforce a private agreement. The City Manager
stated the Corp of Engineers refused a permit for dredging
operations, and the only recourse the Hidden Key residents
have would be through the courts. The City Manager stated
he could not find where any litigation has been filed
pursuant to action taken by the parties.
Councilman Kiselewski made a motion to notify the County
Commission of the City of Palm Beach Gardens' position on
• the North Palm Beach Annexation; seconded by Councilman
Russo. The motion was unanimously approved by the City
Council.
Councilwoman Monroe made a motion for the City Manager to
formulate an informative letter to the property owner's
association stating the facts and if they wish to become
residents, the City would be happy to have them; seconded
by Councilman Russo. Thu motion was unanimously approved
by the City Council.
DI "OSTA BUILDING The City Manager stated all members of the Council, have
toured the Divosta Building on Riverside Drive. The City
Manager stated if the Council is interested in purchasing
the building, he would like to obtain an appraisal and to
40 notify the League of Cities re: a Certificate of
C COUNCIL REGULAR MEETING, 1/3/91 PAGE 5
Participation.
Councilman xiselewski made a motion that in addition to
the recommendations made by the City Manager, the City
Council authorize the City Manager have a preliminary
space proposal done for this building; seconded by
Councilwoman Monroe. The motion was unanimously approved
by the City Council.
Councilman Russo stated he would be interested in seeing a
breakout of the land and building in the appraisal.
ADELPHIA CABLE The City Manager stated Adelphia Cable increased their
rates this month by $1.10 on standard cable service. The
City Manager stated the 6% franchise was included in the
40 basic service; however, is now listed as a separate
expense. This accounts for a $2.30 increase as opposed to
$1.10. The City Manager stated he spoke with Adelphia
Cable regarding the increase and they stated they had made
an error in the wording in the notice, however, they did
not rescind the increase.
Attorney Brant was directed to research provisions of the
franchise agreement.
REPORTS AND ITEMS
Y THE MAYOR AND
MAYOR MARTINO
PGA BOULEVARD Hank Skokowski of Urban Design Studio, addressed the City
Council stating Urban Design Studio is under contract with
is the Northern Palm Beach County water Control District to
Co COUNCIL REGULAR MEETING, 1/3/91
PAGE 6
provide for landscaping on PGA Boulevard from Military
Trail to the Florida Turnpike as part of the JDM PCD
approval. Mr. Skokowski felt the timing of this project
and the improvements on PGA Boulevard might lend itself
toward applying to the State for grant monies for state
highway beautification. Mr. Skokowski stated PGA
Boulevard is a State Road and designated as an urban
principal arterial. Mr. Skokowski stated he will meet
with the City Manager to discuss the City applying for the
funding. Mr. Skokowski stated the City must be the
applicant and there are obligations that come with
applying for these funds, such as a responsibility to
® address issues of long -term maintenance of the area.
Sonny Perna, Landscape Architect with Urban Design Studio,
addressed the City Council and briefly outlined the
proposed plans for the landscaping of PGA Boulevard. Mr.
Perna stated the main species is live oaks with 90% of the
landscape being native species. Mr. Perna stated they
will try to maintain a pristine look and a longevity to
PGA Boulevard to balance both sides. Mr. Perna stated
proposed plans show slightly meandering sidewalks through
the 55, buffer areas.
Mr. Skokowski stated they will be looking to the City
Council for help in lobbying for the grant monies. Mr.
Skokowski stated he has been told that February 1st is a
40 technical deadline for filing the application. Mr.
C COUNCIL REGULAR MEETING, 1/3/91 PAGE 7
Skokowski stated he will request authorization at the next
meeting of the City Council and at the first meeting in
February will review the grant request.
Councilman Kiselewski made a motion to authorize the City
Manager to work with Hank Skokowski in preparing the
necessary documents for the grant application to meet the
deadline; seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
Mayor Martino reported Palm Beach County held a public
hearing on the traffic circulation element over the
holidays and on behalf of the City attended the meetings
to reinforce the letter sent to DCA. Mayor Martino stated
• the City Manager and staff felt that Palm Beach County did
not sufficiently advertise the public hearing based upon
comments by the DCA. Mayor Martino stated the element did
pass.
Mayor Martino reported there have been several
environmental meetings re: sensitive lands ordinance
proposed by the County. Mayor Martino stated he is
attending a meeting tomorrow with Mr. Walesky, Mr.
Weisman, Mr. Orr and Mr. Walton to discuss the merits of
the City's ordinance vs. the County's. Mayor Martino
stated he will attend a meeting Monday with the 12
municipalities which have environmentally sensitive lands
that would be affected by the charter change.
• Mayor Martino requested that the portions of the new Sign
W CGUNCIL REGULAR MEETING, 1/3/91
PAGE 8
Ordinance that have been under a moratorium since April be
discussed by the City Council at the first meeting in
February. Mayor Martino recommended having a special
informational public hearing on February 14th. At the
second Regular meeting in February the Counctl can discuss
the comments from the public, allowing first and second
readings to occur in March.
Councilwoman Monroe requested all interested parties be
RESOLUTIONS
notified.
COUNCILMAN RUSSO
Councilman Russo felt the exit ramp at PGA Boulevard and
1 -95 was in terrible condition and needed landscaping.
In response to Councilman Russo, the City Manager stated
there are some police vests but not enough for each police
officer. The City Manager stated this item will be
included in the bargaining sessions with the P.B.A.
CONSENT AGENDA
Councilwoman Monroe made a motion to approve the items on
the Consent Agenda; seconded by Councilman Kiselewski.
Per a unanimous vote of the City Council, the following
items on the Consent Agenda were approved and adopted:
1. Approval of Minutes of Regular Meeting of 12/20/90.
2. Resolution 162, 1990 - Approval of entrance features
for Marlwood PUD, within the PGA National PCD,
approved by Resolution 41, 1981.
3. Resolution 2, 1991 - Cartoon Museum.
4. Resolution 3, 1991 - Radio Antenna to be located on
roof of the Marriott Hotel.
5. Resolution 4, 1991 - PGA National /PGA Boulevard Entry
Sign Redesign.
6. Resolution 5, 1991 - Appointment of member to the
Board of Trustees of the Firemen's Retirement Trust
Fund.
RESOLUTIONS
"or COUNCIL REGULAR MEETING, 1/3/91 PAGE 9
RESOLUTION 1, 1991 Rich Walton, Director of Planning and Zoning, addressed
the City Council briefly reviewing the Stipulation
Agreement with the Florida Department of Community Affairs
Mayor Martino declared the Public Hearing open, which was
duly advertised 12/20/90, and held on the intent of
approving the Stipulation Agreement with Florida
Department of Community Affairs re: City's Comprehensive
Plan Update.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Councilman Kiselewski made a motion to adopt Resolution 1,
1991, Approval of Stipulation Agreement with Florida
Department of Community Affairs re: City's Comprehensive
Plan Update; seconded by Councilman Russo. The motion was
unanimously approved by the City Council.
PESOLUTION 6, 1991 Councilwoman Monroe stated she had a conflict of interest
re: Resolution 6, 1991, as she is a member of the Board of
Directors of the Palm Beach Gardens Medical Center and
will not be participating in the discussion or voting on
Resolutions 6, 1991.
Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the Palm Beach Gardens Medical
Center has requested approval to install 9 temporari;
storage trailers located on the eastern side of the site,
south of the existing shell rock parking area. Mr. Walton
® stated the Medical Center wishes to use the storage
CV COUNCIL REGULAR MEETING, 1/3/91 PAGE 10
facility to store such items as records, hospital
equipment and furniture. Mr. Walton stated a PUD has been
submitted for future phases for the expansion the hospital
proposes, however it is on hold. Mr. Walton stated they
are proposing 2 phases, with the first phase being 2
trailers, 12' x 661; phase 2 would remove those trailers
and place 9 modular trailers fitted together as a 126' x
60' structure. The 2 trailers proposed for phase 1 are
currently on site and should this petition be denied the
trailers would be removed within 24 hours. Mr. Walton
stated the proposed expansion of the hospital is proposed
to be completed over a 5 year period. Mr. Walton stated
® the location of the modular units will require the
relocation of 1 oak tree and 28 palms. Mr. Walton stated
David Getz, City Engineer, expressed concern that the
parking area north of the site proposed for the temporary
trailers being unsightly and not conforming to City's
stands -ds. Mr. Getz recommended the rock area be surfaced
with asphalt as a condition of this approval. Mr. Walton
stated per the City's Code, Section 159.121, temporary
Facilities are allowed on site in a PUD for a one year
period with a one year time extension. Mr. Walton stated
the Planning and zoning Commission recommended approval of
this request with 11 conditions. The petitioner has
agreed to comply with all conditions.
® Jerry Davis, Wallace Engineers representing Palm Beach
CW COUNCIL REGULAR MEETING, 113191 PAGE 11
Gardens Medical Center, addressed the City Council stating
they are in agreement with the requirements. Mr. Davis
stated they intend to fence the entire area encompassing
the modular storage units, with the landscaping being
irrigated.
Mayor Martino stated barb wire cannot be used within the
City and therefore that reference would have to be deleted
from the site plan.
Councilman Kiselewski stated he did not want to see the
temporary facility at the hospital and felt there was
ample storage facilities within the City.
Councilman Russo expressed concern re: the postponement of
® the PUD petition.
Arlan Reynolds, Director of Palm Beach Gardens Medical
Center, addressed the City Council stating the hospital is
in a transitional period at this time. Mr. Reynolds
stated they have reports from the State HRS citing the
hospital for hallways used as storage areas. Mr. Reynolds
stated the records need to be on site in case of an
emergency and are required to be kept for a required
retention period.
Mayor Martino recommended tying the extension to the
completion of the PUD process, would be agreeable to
permit them 1 year based on the code and a one year
extension, but nothing beyond that period.
Councilman Kiselewski recommended including a condition
Car COUNCIL REGULAR MEETING, 1/3/91 PAGE 12
that if the hospital does not have funding in place in one
year, no extension will be granted.
Councilman Russo requested copies of the information
supplied to the Planning and zoning Commission before the
next meeting.
Attorney Brant was directed to rewrite Resolution 6, 1991,
to include a section to read "No extension of the one year
shall be granted unless Petitioner can show in reasonable
form necessary funding to proceed with permanent
structures."
Mayor Martino recommended Mr. Reynolds meet with
Councilman Kiselewski, Councilman Russo and vice Mayor
Aldred individually to fully explain the needs of the
hospital.
ORDINANCES
ORDINANCE 31, 1990 Mayor Martino declared the Public Hearing open, which was
duly advertised on 12/19/90, and held on the intent of
Ordinance 31, 1990, amending Standards for City's Fire
Protection and Prevention Code.
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 31,
1990.
Councilman Kiselewski made a motion to approve and adopt
Ordinance 31, 1990; seconded by Councilwoman Monroe. The
C COUNCIL REGULAR MEETING, 1/3/91 PAGE 13
motion was unanimously approved.
ORDINANCE 1, 1991 Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 1, 1991,
amendment to the Comprehensive Land Use Plan and Map from
Industrial to Professional Office - 2.03 acres,
(Surgicenter Site) located fronting on the south side of
Burns Road, immediately east of Interstate 95.
The City Council will consider second reading and adoption
of Ordinance 1, 1991, at the Regular Meeting of 1/17/91.
ORDINANCE 2, 1991 Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 2, 1991,
rezoning from M -1A Light Industrial District to Planned
® Unit Development and Site Plan approval for a 29,000
square foot two -story building to be used as a surgery
center (Surgicenter) located fronting on the south side of
Burrs Road, immediately east of Interstate 95.
The City Council will consider second reading and adoption
of Ordinance 2, 1991, at the Regular Meeting of 1/17/91.
ORDINANCE 3, 1991 The City Manager stated the changes being made are in
compliance with a letter from the Office of the Treasurer,
Patricia Shoemaker, Bureau Chief. The City Manager stated
the changes will bring the Ordinances into compliance and
the City will be able to receive monies from 1989. The
City Manager stated in order to receive the monies for
next year, the City must incorporate Chapter 175 and
® Chapter 185 sections within the insurance policy and
C COUNCIL REGULAR MEETING, 1/3/91 PAGE 14
declare any benefit changes to be made, including a cost
impact statement. The City Manager stated there is no
cost impact relating to changes in Ordinance 3, 1991 and
Ordinance 4, 1991. The City Manager stated if Ordinance
3, 1991, and Ordinance 4, 1991, are adopted, the monies
for the 1989 fiscal year will be released.
In response to Councilman Kiselewski, Attorney Brant
stated the administrative hearing date is set, and there
is justification to place Ordinance 3, 1991 and Ordinance
4, 1991 on second reading on an emergency basis. Attorney
Brant stated a public hearing is not required, if the
Council declares an emergency. It was the consensus of
® the Council that based on the City Attorney's opinion,
there was sufficient cause for an emergency first and
second reading for Ordinance 3, and 4, 1991.
Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 3, 1991,
repealing Article II, Policemen's Retirement Trust Fund,
of Chapter 19 of the Palm Beach Gardens Code, and adoption
of new Article 11 in replacement thereof.
Per a consensus of the City Council, the City Clerk read,
by title only, on second and final reading, on an
emergency basis, Ordinance 3, 1991, repealing Article ii,
Policemen's Retirement Trust Fund, of Chapter 19 of the
Palm Beach Gardens Code, and adoption of new Article II in
replacement thereof.
C COUNCIL REGULAR
MEETING, 1/3/91 PAGE 15
Councilman Kiselewski made a motion to approve and adopt
Ordinance 3, 1991, repealing Article II, Policemen's
Retirement Trust Fund, of Chapter 19 of the Palm Beach
Gardens Code, and adoption of new Article II in
replacement thereof; seconded by Councilwoman Monroe. The
motion was unanimously approved by the City Council.
ORDINANCE 4, 1991
Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 4, 1991,
repealing Article III, Firemen's Retirement Trust Fund, of
Chapter 19 of the Palm Beach gardens Code, and adopt of
new Article III in replacement thereof.
Per a consensus of the City Council, the City Clerk read,
•
by title only, on second and final reading, on an
emergency basis, Ordinance 4, 1991, repealing Article III,
Firemen's Retirement Trust Fund, of Chapter 19 of the Palm
Beach Gardens Code, and adoption of new Article III in
replacement thereof.
Councilman Kiselewski made a motion to approve and adopt
Ordinance 4, 1991, repealing Article III, Firemen's
Retirement Trust Fund, of Chapter 19 of the Palm Beach
Gardens Code, and adoption of new Article III in
replacement thereof; seconded by Councilwoman Monroe. The
motion was unanimously approved by the City Council.
ITEMS FOR
DISCUSSION
Cj&PREHENSIVE PLAN
AlWDR44 Rich Walton, Director of Planning and Zoning, addressed
CfV COUNCIL REGULAR MEETING, 1/3/91 PAGE 16
the City Council stating there are four areas in the
Comprehensive Plan which need to be amended. Mr. Walton
stated the first item is non - conforming uses. Mr. Walton
stated in the Environmental Ordinance, non - conforming uses
are not exempt and cannot be expanded. Mr. Walton
suggested the following language to handle non - conforming
uses: "within one year after adoption of the Land
Development Regulations per Chapter 163.3202, PS, all non -
confirming uses must declare their intent to continue
existing operations /uses to the City. Non - conforming uses
not reporting within this time frame will be considered
illegal operations and will be subject to penalties
40 pursuant to the City of Palm Beach Gardens Code of
Ordinances." Mr. Walton stated this does not say the uses
cannot remain, however, there is no way to control the
uses, know where they are, their extent, and how they
affect the Comprehensive Plan or the Environmental
Ordinance, without the registration.
Attorney Brant recommended substituting "illegal" with
"terminated" and delete the remainder of the sentence.
Mayor Martino stated he did not have a problem with the
language as long as there is recourse for a person that
may miss the deadline.
Councilman Russo agreed with Mayor Martino's proposal.
Councilwoman Monroe disagreed as she felt they were
talking about a Comprehensive Plan that has long range
C COUNCIL REGULAR MEETING, 1/3/91 PAGE 17
use. she felt the closer you are to the nucleus of.the
City, it was important to consider what you felt would be
ultimately appropriate.
Councilman Kiselewski suggested using the P.D.A. use.
Rich Walton was directed to redraft this amendment
incorporating the thoughts of the City Council.
Rich Walton stated the second amendment is Public Use and
proposed additional language as follows: "Public and
institutional uses are allowed in all land use categories
subject to limitations identified in the Plan and /or
outlined in the Palm Beach Gardens Zoning Code. These
uses will be delineated on the Future Land Use map at the
Is next subsequent amendment process."
There was a consensus of the City Council to proceed with
the proposed language.
Rich Walton stated the third amendment was Planned
Development Area, and proposed the following: "The City
shall modify the Planned Development Area zoning category,
shall encourage a master development plan for all such
areas, and shall encourage rezoning them accordingly by
1995."
There was a consensus of the City Council to proceed with
the proposed language.
Rich Walton stated the fourth amendment was Future
Annexation area Boundaries. Mr. Walton stated staff is
Srequesting direction from Council as to whether to amend
W COUNCIL REGULAR MEETING, 1/3/91 PAGE 18
the future boundaries of the City.
SEACOAST UTILITY
AUTHORITY A PLANT
REZONING AND SITE
PLAN REVIEW
Is
PALM BEACH COUNTY
i USE AMENDMENT
DIVOS
There was a consensus of the City Counci! to amend the
City's future annexation area by extending the proposed
section of Donald Ross Road west to proposed University
Blvd., then south, including the north Acreage and Mecca
Farms, but excluding the south Acreage. The Council
further directed staff to include the out - parcel along
the vavrus annexation and the triangular piece of property
south of Northlake Blvd. and west of Beeline Highway.
Rich Walton, Director of Planning and zoning, addressed
the City Council stating Seacoast Utility Authority
requesting to rezone from Palm Beach County's zoning
designation of Agricultural Residential with a Special
Exception to allow for a wastewater treatment plant to
Palm Beach Gardens' zoning designation of GU -
Governmental Use and site plan approval for the
installation of a concrete slab at the Seacoast Utility
PGA Wastewater Treatment Plant, located in general, one
mile north of PGA Boulevard, three - fourths of a mile west
of Florida's Turnpike and three - fourths of a mile south of
Hood Road.
There was a consensus of the City Council for the
petitioner to proceed.
* CCUNCIL REGULAR MEETING, 1/3/91
PAGE 19
OF SQUARE LAKE Rich Walton, Director of Planning and Zoning, addressed
the City Council stating Divosta has provided
documentation showing the parcels were designated, when
the plat was originally approved, for business use only
and have provided documentation on Palm Beach County's
Comprehensive Plan for four commercial categories.
DiVosta is requesting commercial low intensity and asked
the City to reconsider their letter to the County.
There was a consensus of the City Council to not amend
their position.
DIVOSTA OFFICE
BUILVINU Councilwoman Monroe requested a copy of the landscape
is plans for the Divosta Office Building PUD.
The City Manager stated the Petitioner will be coming
before the Council to discuss modifications to the
landscaping plan, to remove two oaks trees at the
entrance. In response to Councilwoman Monroe, the City
Manager stated a conditional C.O. can be issued with a
letter stipulating the trees must be planted as originally
approved should the Council not approve their revised
landscaping plans.
COUNCILMAN KISELEWSKI Councilman Kiselewski requested the City Engineer look at
the PGA Boulevard and Military Trail intersection.
Councilman Kiselewski stated there needs to be a way for
pedestrians to get from the shopping center to the
. sidewalk.
The City Manager stated the County will be coming before
C COUNCIL REGULAR MEETING, 1/3/91 PAGE 20
the City Council in the near future to give a presentation
re: improvements of this intersection.
Councilman Kiselewski wanted to know if there was any way
ADJOURNMENT
APPROVAL
0
40
to get three lanes from the St. Ignatius Cathedral's
Church driveway east to Military Trail at the intersection
of holly and Military Trail.
In response to Councilman Kiselewski, the City Manager
stated it would be more costly to make a modification to
the intersection at this time.
There being no further business to discuss, the meeting
was adjourned at 11:22 P.M.
MAYOR MARTINO
�7
VICE MAYOR ALDRED v
i
KOSIER, CITY CLERK
—COUNCILWOMAN MONROE
COUNCILMA 7K ;S SKI
CCC7WAY RUSSO
January 2, 1991
Mr. Richard Walton
Planning and Zoning Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410 -4698
Re: Holly Square - Appeal of Planning and Zoning Commission's
Approval of December 11, 1990
Dear Rich:
As we discussed and as S have discussed with Bill Brant, we are
stipulating, on behalf of our client, to the City Council's
10 granting the above referenced appeal.
Under the circumstances, it is my understanding that the
approval of the Planning and Zoning Commission of December 11,
1990, will be null and void. Any subsequent project or projects
on the property would be developed under the current codes. We
agree.
Thank you for your consideration.
Sincerely,
ARY, DYTRYCN & RYAN, P.A.
Lawrence W. Smith City Of
Palm Beach Gardens
LWS : apd 4 "J
cc: Mr. Ed Riggins^.^' PLANNING
Mr. Ed Sheehan &
r
Mr. John Orr �, "; �`�_ ZONING o,
William Brant, Esquire'
Mr. Jack Hanson
• AD- 2187 (#8438)
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RICHARD D DYTRYCN
PROICSSIONAL ASSOCIATION
JAMES H RYAN
DONALD R BICKNELL JP
TOI V S ONE, SVITE 402
LAWRENCE W 5 1—
NORTH
PALM BCACIa, FLORIDA 33400
PIC HARP P EL LIN OTON
A LYB NAOLER OANAL9
TELEPNONC(407) 944-3700
P ETCR M ARNOLD
TAX (40718A4-23615
January 2, 1991
Mr. Richard Walton
Planning and Zoning Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410 -4698
Re: Holly Square - Appeal of Planning and Zoning Commission's
Approval of December 11, 1990
Dear Rich:
As we discussed and as S have discussed with Bill Brant, we are
stipulating, on behalf of our client, to the City Council's
10 granting the above referenced appeal.
Under the circumstances, it is my understanding that the
approval of the Planning and Zoning Commission of December 11,
1990, will be null and void. Any subsequent project or projects
on the property would be developed under the current codes. We
agree.
Thank you for your consideration.
Sincerely,
ARY, DYTRYCN & RYAN, P.A.
Lawrence W. Smith City Of
Palm Beach Gardens
LWS : apd 4 "J
cc: Mr. Ed Riggins^.^' PLANNING
Mr. Ed Sheehan &
r
Mr. John Orr �, "; �`�_ ZONING o,
William Brant, Esquire'
Mr. Jack Hanson
• AD- 2187 (#8438)
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I I A%7 NAME —FIRST NAMI - -MIDnI F NAME NAME Of HOARD. C'OVNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
i
MAILIN(: AUURE)S 1HE BOARD. (OUNCIt. ('0MMISSION, AUTHORITY, OR COMMITTEE ON
wHI('14 1 vFltVk IS A UNIT OF
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_ f NAME Ok POI ITIC At DLIBUIVISION
UA7 E ON M HI( II VOI k tx l uKRF U }1r PUSt I1(m u
• �� I 1 - FLkCIIVE 1 APPOINTIVE
WHO MUST FILE FORM d9
This form Is for use by any person servir,b a the county, city, or other local Ievc1 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. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use d In making the disclosure required by law
Your responsibahtie, under the law Ahcn faced with a measure in which you hate a conflict of Interest will vary greatly depending
on whether you hold an decti.e or appointive position, For this reason, please pay close attention to the instructions on this form
beforr completing the Averse side and tiling the form,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elecli%c 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 front knowingly noting on d measure which inures to the special
gain of a principal (other than a government agency) by whom he is returned
In either case, you should disclose the conflict
PRIOR TO rHE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on
which you are abstaining from toting, and
WITHIN IS DAYS AFTER THE VOTE OCCURS by compacting and filing ibis 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, cu other local publ - office MUST ABSTAIN from voting on a measure which
inures to his special private gain Fai.h local otlicer also is prohibited from knowingly toting on a measure which mutes to the
special gain of a principal (other than a government agency) by whom he is retained
A person holdang an appointive local office otherwise may parucipaic in a matter in which he has a conflict of interest, but must
disclose the nature of the confltcl before maki ,Ig 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 INFLUENC E THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN
• You should complete and Isle this form (before making any attempt ru influence the decision) with the person responsible for
40 recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be prodded immediately Io 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
11-14 K Iii M PAG
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 minutes
of the meeting, who should incorporate the form in the minutes,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on _. ,f ' 19
(a) A measure came or will tome before my agency which (check onc)
inured to my special private gain; or
' 1 J { / by whom l am retained.
_ inured to the special gain of % '! / /•J r- %'> >•r (,;, •' -v_t,' . /�� T,i , J i
(b) The measure bctorc my agency and the nature of my intetcst to the measure is as follows:
/ih .11i�' .' =� fit; /! (-•�•,:J,c „� � /,! la)rri'1 �/-,ti,71< ,
Date Filed Signature
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1965), A FAILURE TO MAKE ANY REQU[REI
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINC
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION II•
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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