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CITY COUNCIL
REGULAR MEETING
L.TY OF PALM BEACH GARDENS
AUGUST 2, 1990
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 Secretary called the roll, and present were Mayor
Martino, Councilwoman Monroe and Councilman Kiselewski.
Vice Mayor Aldred and Councilman Russo were not in
lbattendance
as they were out -of -town.
ANNOUNCEMENTS
Mayor Martino announced there would be a meeting of the
Merit System Board on Tuesday, 8/7/90, at 7:30 p.m. in the
Finance Department; Recreation Advisory board meeting on
Tuesday, 8/7/90 at 7:00 p.m. in the Community Center.; and
a Planning & Zoning Commission meeting on Tuesday, 8/14/90
at 7 :30 p.m. in the Council Chambers.
PROCLAMATIONS
Mayor Martino read a proclamation proclaiming the week of
August 13 - 17, 1990 as "WATER AND POLLUTION CONTROL
OPERATORS WEEK ".
ITEMS BY THE
CTTT AMER
The City Manager requested confirmation by the City
Council of the towing contract with Lyons Towing for an
additional year. The City Manager stated the Police
C& COUNCIL REGULAR MEETING, 8/2/90 PAGE 2
COUNTYWIDE PLANNING
COUNCIL ii STUDY Rich Walton, Director-of Planning and Zoning, addressed
the City Council re: package received from the Palm Beach
Countywide Planning Council, Mr. Walton stated the PBCPC
is requesting two areas of response from the City, 1)
"Interjurisdictional Incompatibility" (commonly known as
ii) which is a comparison of the common land use category
between parcels of land on the City's perimeter and the
Department reported no problems with Lyons Towing and
stated they have met all criteria.
Councilman Kiselewski made a motion to authorize the City
Manager to enter into an agreement with Lyons Towing as
recommended; seconded by Councilwoman Monroe. The motion
was unanimously approved by the City Council.
REPORTS AND ITEMS BY
PRESENTATION
Mayor Martino made a presentation to Doug Hood, Director
of Parks and Recreation Department for 10 years of service
to the City.
YAA GIRLS SOFTBALL
1 & 18 YEAR OLD
Councilman Kiselewski made a motion to authorize the
donation of $500 toward the travel expenses of the YAA
Girls Softball 17 & 18 year old with monies to be taken
from Council Contingency; seconded by Councilwoman Monroe.
The motion was unanimously approved by the City Council.
16.7 ACRE PARK
The City Manager reported the City has received title to
the 16.7 acre park from the MacArthur Foundation.
COUNTYWIDE PLANNING
COUNCIL ii STUDY Rich Walton, Director-of Planning and Zoning, addressed
the City Council re: package received from the Palm Beach
Countywide Planning Council, Mr. Walton stated the PBCPC
is requesting two areas of response from the City, 1)
"Interjurisdictional Incompatibility" (commonly known as
ii) which is a comparison of the common land use category
between parcels of land on the City's perimeter and the
C Z COUNCIL REGULAR MEETING, 812190 PAGE 3
adjacent local governments, and 2) each policy which the
PBCPC has adopted and a commitment to include same in the
City's plan.
In response to Councilman Kiselewski, Mr. Walton stated
the study requires a resolution by the City Council to be
adopted and submitted within 60 days from July 25th. Mr.
Walton stated staff will bring a recommendation to the
Council for their approval.
In response to Councilwoman Monroe, Mr. Walton stated
letterE have been sent to surrounding governments
regarding the land use category.
CQWMENTS FROM THE
NOT
ON
NANCY CLARK Nancy Clark addressed the City Council re: her lawsuit
against the City regarding retirement benefits from her
husband, Captain Clark, stating she collected signatures
from citizens at the July 4th city function and presented
the petition to the City Council. Mrs. Clark requested
any further information from the Council.
Attorney Brant stated approximately 10 days ago, the City
Manager, on behalf of the administration, forwarded a
detailed letter to the chairman and members of the pension
board seeking a settlement.
Councilman Kiselewski made a motion to receive and file
® the petition; seconded by Councilwoman Monroe. The motion
was unanimously approved by the City Council.
C COUNCIL REGULAR MEETING, 8/2/90 PAGE 4
In response to Councilwoman Monroe, Attorney Brant stated
the City is waiting for a reply to a proposed settlement
from the pension board.
In response to Councilwoman Monroe, the City Manager
stated he did not know the date of the next meeting of the
pension board.
Mayor Martino stated he felt the process could be
expedited if Mrs. Clark's attorney would allow some of the
evidence to be reviewed. Mayor Martino stated the City's
sympathies are properly placed but mitigated somewhat by
the legal and fiduciary responsibilities of the City.
ITZMS BY MAYOR AND
COUNCILMAN KISELEWSKI Councilman Kiselewski requested a reply regarding his
request about the Marriott by the next meeting.
CONSENT AGENDA The following item was requested to be removed from the
Consent Agenda:
4. Resolution 101, 1990 - Urging the President and U.S.
Congrass to recognize and affirm the language and power of
the Tenth Amendment which governs and balances the
respective powers of the states and the F,;dsral
government.
Councilman Kiselewski made a motion to approve the
following items on the Consent Agenda, with the
stipulation that in the Minutes of the Regular Meeting of
7/19/90, the emphasis regarding the change in the Arts in
Pub11r: Places be on the need to send out a request for
solicitating art bids, as discussed with the Clerk;
CAV COUNCIL REGULAR MEETING, 8/2/90 PAGE 5
VV
seconded by Councilwoman Monroe. 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 7/19/90, as
amended;
2. Approval of amendments to Interlocal Agreement with
Palm Beach County re: Community Development Block Grant,
approved 7/5/90 by Resolution 92, 1990, and authorizing
mayor and City Clerk to execute new Interlocal Agreement;
and
3. Resolution 100, 1990 - Urging Florida citizens to
support the constitutional amendment #3 on the November
1990 ballot limiting unfunded state mandates on cities and
counties.
RESOLUTION 101, 1990 Mayor Martino rescheduled Resolution 101, 1990 for the
Regular Meeting of 8/16/90 with additional information to
be submitted to the Council.
RESOLUTIONS
RESOLUTION 98, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the petitioner for RaCoAmo has
asked him to request an indefinite continuance on this
petition.
Councilman Kiselewski made a motion +o grant the request;
seconded by Councilwoman Monroe,
Councilwoman Monroe stated she was uncomfortable with the
Lerm "indefinite ".
Councilman Kiselewski amended his motion "not to exceed 60
days "; seconded by Councilwoman Monroe.
Attorney Brant stated the request should be followed -up in
® writing by the petitioner.
Councilman Kiselewski amended his motion furth_,r "net to
Ce COUNCIL REGULAR MEETING, 812190
PAGE 6
exceed 90 days and the petitioner to present a letter
affirming the process ". The motion was unanimously
adopted by the City Council.
RESOLUTION 99, 1990N Mayor Martino rescheduled Resolution 99, 1990, appointment
of member to Code Enforcement Board until a full Council
is present.
Councilman Kiselewski requested the City Clerk recheck the
records to ensure the list of applicants is complete.
ORDINANCES Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding Ordinances 17, 18, and 19,
1990.
10 Councilwoman Monroe requested a brief verbal description
regarding Ordinances 17, 18, and 19, 1990, to identify the
general areas included in each ordinance before second
reading of the ordinances.
The City Manager reported he met with the County today and
they requested a joint meeting with the City the last of
September to answer any questions residents may have
regarding the annexation.
In response to Mayor Martino, the City Manager stated tie
discussed with the County the resolution of the non-
conforming problems. The City Manager stated the County
was going to look into the possibility of making an
attempt to provide funding, if possible, to go into a
joint venture with the residents in the general area to
provide paving.
Co COUNCIL REGULAR MEETING, 8/2/90
PAGE 7
Mayor Martino requested administration and staff to
assemble a suggested policy position, recommendations
and information which the City can present at the hearing.
Councilman Kiselewski requested, through staff and city
engineer, to perform a visual survey of each of these
areas and to report as to what does not conform to the
City's code, i.e., roads, and road widths,
In response to Councilwoman Monroe, Mr. Walton stated he
had performed a visual survey of the Westwood
Gardens /Lakes area and all but one portion is under
construction with a bona fide developer. Mr. Walton
® stated the one portion not under construction is in
litigation.
ORDINANCE 17, 1990 Per a unanimous vote of the City Council, the Secretary
read, by title only, on first reading, Ordinance 17, 1990,
annexing into the City certain areas of lands and
providing for a referendum electior in the City on
11/6/90.
ORDINANCE 18, 1990 Per a unanimous vote of the City Council, the Secretary
read, by title only, on first reading, Ordinance 16, 1990,
annexing into the City certain areas of lands west of
Prosperity Farms Road right -of -way and providing for a
referendum election in the City on 11/5/90.
ORDINANCE 191990 Per a unanimous vote of the City Council, the Secretary
® read, by title only, on first reading, Ordinance 19, 1990,
annexing into the City certain areas of lands eest of
COUNCIL REGULAR MEETING, 812190
PAGE 8
Prosperity farms Road right -of -way and providing for a
referendum election in the City on 11/6/90.
The City Manager stated he asked the County to give the
City an opinion that the City has met the intent of the
Interlocal Agreement by trying to annex these properties,
and if they fail the City would not be held responsible.
In response to Councilwoman. Monroe, the City Manager
stated he has been speaking with Commissioner Marcus and
Jan winters who indicated they would try to provide the
City with the requested opinion.
Mayor Martino questioned if the County Commission was
going to respond officially to the Mayor's letter on
behalf of the City Council. Mayor Martino stated he was
concerned about the Commissioners meeting with staff and
not getting back to the policymakers.
ITEMS FOR DISCUSSION
AMENDMENTS TO EXISTING
DEVELOPMENT ORDER FOR
PGA RESORT COMMUNITY
AMENDMENT TO MASTER
DLV ' MR
-
PGA RESORT COMMUNITY
TO REDESIGNATE AN
4 L Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding agent Hark Skokowski's request
for a redesignation of an 8.674 acre parcel (M-37) within
the PGA National Community and the amendment of the Master
Plan to reflect updated densities based on approved
* COUNCIL REGULAR MEETING, 8/2/90
PAGE 9
development projects. Mr. Walton stated there was a
concurrent request to modify Condition #14 of the
Development Order, as originally approved bf Resolution
43, 1978 and amended by Resolution 36, 1983, to amend t,.a
required number of recreation areas based on built out
projections. Mr. Walton stated the request is for the
redesignation of this parcel from recreation and open
space to residential, with a maximum of 15 units per acre.
Mr. Walton stated the area is bound to the east by
Lexington Green PUD at 9 units per acre; to the south by a
land /canal, City park and Preston Golfview with 2.39 units
per acre; and to the north and west by Ryder Cup Boulevard
and Avenue of the Masters and Bristol Club with 7.15 units
per acre. Mr. Walton stated this parcel was originally
designated commercial and public service on the Community
Master Plan. Mr. Walton stated in 1985, this parcel was
redesignated to recreation and open space and at the same
time the Development Order was amended to require
additional recreation areas. Mr. Walton stated �vrrently
Condition #14 requires a minimum of 24.56 acres be
provided in a minimum of 20 neighborhood recreation acres.
Mr. Skokowski's petition would amend the condition so that
the number of acres of recreation is based upon the number
of built dwelling units which would decrease the number of
® recreation. areas. Mr. Walton stated, because this is a
DRI, Florida Statutes requires this proposed change to go
qV COUNCIL REGULAR MEETING, 8/2/90
PAGE 10
through a sunstantial deviation hearing and this
presumption may be rebutted at the public hearing. Mr.
Walton stated Mark Hendrickson, City Forester, commented
that regardless of the land use designate ion, a couple of
native species are present and will need to be preserved.
Mr. Walton stated David Getz, City Engineer, found no
additional traffic impacts or concerns created by the
redesignation. Mr. Walton stated a staff concern
regarding the petition, as proposed, is that in 1985 the -
agent submitted a recreaticn analysis indicating park size
and acre credits toward the Development Order condition
and this current request is inconsistent with the summary
provided for the current petition. Mr. Walton stated the
petitioner is requesting a modifi ^ation in the methodology
used to credit park acres provided in accordance with
Condition #14. Mr. Walton stated petitioner would like
for the entire park size to be considered for meeting the
Development Order condition. Mr. Walton stated staff
recommends that all parks exi §ting prior to the 1985
amendment continue to be credited in the same mar_ner.
Mr. Walton stated that at the July 24, 1990, meeting, the
Planning and Zoning Commissioners unanimously recommended
approval to the City Council by a vote of 6 -0, with Nick
Lioce abstaining, for the amendment of the master plan and
condition 14 of the development order with the following
three conditions:
COUNCIL REGULAR MEETING, 612190
PAGE 11
1. The parks listed on the August, 1985 Recreation
Analysis continue to be credited in the same manner of "1-
acres credits ".
2. Any future amendment to the PGA National Master Plan
which affects the total potential buildout unit count of
6,057 shall show the impact on the required recreation
area based on the "1 acre of recreation area per 345
dwelling units" condition.
3. Recreation amenities shall be provided in each of the
four undeveloped parcels (M -29, M -30, M -31b and M -37)
totalling 2.5 acres.
Mr..Walton stated that after reviewing the criteria
presented in Chapter 171, F.S., it is staff's
recommendation that the petition be found not to create a
substantial deviation to the Development Order. Mr.
Walton stated this recommendation is based on the fact
that the proposed amendment represents 43% of the
numerical criteria and thus does not constitute a
substantial deviation.
In response to Councilwoman Monroe, Mr. Walton stated the
1 acre site and private recreation areas were not included
in the City's Comprehensive Plan. Mr. Walton also stated
that because this is a DRI, this petition was sent to the
Treasure Coast Planning Council and the State who had 30
days to review the petition to decide if they were
concerned enough to be at the hearing. Both the Treasure
Coast Planning Council and the State replied in writing
that they did not have a problem with the petition.
Hank Skokowski, agent for petitioner, addressed the City
Council and stated the first part of the request is to
redesignate the zoning from recreation and open space to
cer COUNCIL REGULAR MEETING, 8/2/9C
PAGE 12
residential. Mr. Skokowski stated they are not asking for
any more units on this parcel, they are going to
redistribute some of their units to this site.
in response to Councilman Kiselewski, Mr. Skokowski stated
they are looking for a combination of two -story and
possibly three -story units on this site. Mr. Skokowski
stated the petitioner is requesting the maximum potential
designation. on this site to be able to work within that
designation and come back to the Council with a workable
site plan.
In response to Councilman Kiselewski, Mr. Skokowski stated
there are four undeveloped parcels remaining within PGA,
31b, 30, 29 and M -37, and all remaining parcels have
designations around 14 - 15 units per acre.
Councilwoman Monroe stated that the opinions of the
surrounding residents would influence her decision.
Councilwoman Monroe stated she wanted the surrounding
residents, within 300 feet of the project, notified of the
proposed project.
After discussion by the City Council, the Petitioner was
airected to notify the POA's of the surrounding
developments of the public hearing scheduled for 9/6/90,
as long as the POA is not developer controlled.
Mr. Skokowski stated the Master Plan reflects a maximum
potential buildout, with the high designations on the
remaining parcels, to be 6,057 units, which comnares to
G COUNCIL REGULAR MEETING, 8/2/90
PAGE 13
the 6,900 units originally approved. Mr. Skokowski stated
that with the filing of the application for parcel M -30,
there will be a further reduction in the number of units
below 6,000. Mr. Skokowski stated they are requesting
to abide by the ratio of 1 acre of park for every 345
dwelling units.
Councilman Kiselewski stated his concern with the project
was putting the highest density at the major intersection
of the site. Mr. Skokowski stated the one access point
would be as far east as possible along the Avenue of the
Masters.
® Mayor Martino stated he would like to present to the
County a letter stating the PGA National development will
now buildout at "x" number of units and therefore equates
to approximately 10,000 trips less than originally
projected.
Mr. Skokowski stated he would provide the Council with a
recap of the total project and summary on how these
changes would affect the condition of approval.
Mr. Skokowski was directed to update the two council
members not in attendance tonight before the next meeting.
OAKPARK OFFICE PARK
PUD Rich Walton, Director of Planning and Zoning, addressed
the City Council. and stated Alan Strassler, agent for Ivan
Frederickson, Jr., was requesting a five year extension of
time for Phase II of the Oakpark Office Park PUD. Mr.
10 COUNCIL REGULAR MEETING, 8/2/90
PAGE 14
Walton stated this is a 6.83 acre PUD located on the west
side of Prosperity Farms Road and south of PGA Boulevard,
directly south of the Prosperity Oaks PUD. Mr. Walton
stated the last action taken on this PUD was 9/19/85 by
Ordinance 39, 1985, to reinstate the expired PUD.
Ordinance 19, 1985 required the completion of all
improvements by 9/19/90. Mr. Walton stated this time
extension is to construct the 17,172 square feet of office
space on approximately 1.90 acres (Phase II). Mr. Walton
stated Jack Hanson, Building Official, has indicated there
have been minor deviations from the originally approved
plans for Phase I and III, such as landscaping and
curbing, however there are no major changes that would
affect the PUD. Mr. Walton stated the Petitioner is also
requesting a temporary sign, in accordance with the City's
Sign ordinance, to be used exclusively to market phase II.
Mr. Walton stated the Planning and Zoning Commission
requested to know whether there were any remaining impact
fees for this development. Ordinance 19, 1995 assessed
the City's road impact fee of $4,750 to be collected at
the issuance of the building permit for phase !I.
Mr. Walton stated Rim Bishop, Seacoast Utilities,
indicated they have no objections to this request. Mr.
Walton stated that at the July 24, 1990 meeting of the
® Planning and Zoning Commission, they unanimously
recommended approval to the City Council with 'he
(0 COUNCIL REGULAR MEETING, 8/2/90
following four conditions:
PAGE 15
1. Prior to the issuance of the first building permit or
land alteration permit, the petitioner shall be required
to submit a new buffer strip plan for the south and west
buffer of Phase Imo, which shall show the removal. of the
Australian Pine stand.
2. Prior to the issuance of the first building permit or
land alteration permit, the petitioner shall be required
to submit a detailed landscape plan, with quantities, for
Phase II.
3. The gopher tortoise population in Phase II shall be
protected during construction as per Florida Freshwater
Fish and Game Commission standards.
4. The temporary sign for phase II shall be in accordance
with the City's sign code ordinance.
Mr. Walton indicated Petitioner did aaree to comply with
the above mentioned conditions.
In response to Councilwoman Monroe, the City Manager
stated the petitioner would have to meet the County's
impact fees at the time the building permit is issued.
Councilwoman Monroe stated she could not accept a five
year time extension.
Councilman Kiselewski stated he did not have a problem
with a five year time extension, but felt the trips should
be allowed to go to another development if the petitioner
is going to wait the five years to develop the project.
Mayor Martino stated he did not have a problem with the
five year time extension.
After discussion by the City Council, there was a
consensus to allow a three year time extension.
Councilman Kiselewski stated the developer could put up a
sign on the proporty after the building permit is issued,
COUNCIL REGULAR MEETING, 812190
PAGE 16
but there could not be a sign up on the property for three
years.
Alan Strassler, agent for petitioner, addressed the City
Council, stating the petitioner intends to build Phase II
exactly as it was presented 9 years ago. Mr. Strassler
stated if the developer could build the building now, he
would, but is unable to at this time. Mr. Strassler
stated the developer will continue to try to develop the
land and asking for the five year time extension was a
safety factor. Mr. Strassler stated three years would
probably he acceptable.
In response to Mr. Strassler, Councilman Kiselewski stated
the developer could place a "for sale" sign on the
property, but not one advertising a building coming in the
future.
In response to Mayor Martino, Attorney Brant stated the
time extension will be done by ordinance.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 9:36 p.m.
Board of County Cornmissioners
Carol J. L•Imqutst, Chairman
Karen T. Marcus, Vice Chair
Carol A. Roberts
Ron Howard
"arole Phillims
11
L J
July 30, 1990
County Administrator
)in Winter.
Department of Plrnning, Zoning & Building
Rich Walton, Planning Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Dear Mr. Walton:
Palm Beach county Planning Division has coordinated the review of
the proposed annexation of 706.54 acres, located in general, North
side of Hood Rd., East of the Turnpike and West of Palm Beach
Gardens City Limit
1. PLANNING DIVISION: Steve Morales, Planner
The Planning Division has reviewed the proposed annexation for
"statutory deficiencies," pursuant to Chapter 171, F.S. and
Palm Beach County's Interim Annexation Policy. The subject
parcel is contiguous to Palm Beach Garden's northwestern
boundary and lies within the City's future annexation area.
However, this proposed annexation would create an enclave
directly south of the annexed property (the enclave consists
of the Westwood Gardens subdivision and two small properties
north of Hood Road) . Therefore, this annexation would not be
in compliance with Chapter 171 and Palm Beach County's Interim
Annexation Policy. If a proposed annexation is determined not
to be in compliance with statutory requirements, then the
county may take one of the following actions:
1. The County and the municipality may 'enter into an
interlocal agreement as detailed in the county policy, or
2. If an interlocal agreement between the County and the
municipality "cannot be executed within 30 days of t1he
adoption of the annexation ordinance, the County may file a
lawsuit to enforce the requirement of Chapter 171, F.S. in
accordance with section 171.051. F.S."
in a meeting on July 3, 1990 with Palm Beach Gardens it was
so0 11th Street . NdLST PALM REACH, ELOR {DA 33406 .(407) 697 -4001
p—red on re[yded psper
Page 2 of 3
July 26, 1990
40 agreed that the County and Palm Beach Gardens would enter into
an interlocal agreement. Also the city has initiated actions
to hold a referendum for the involuntary annexation of the
Westwood Gardens subdivision and the two properties north of
Hood Road. This referendum has been scheduled for November 6,
1990.
The planning division recognizes the efforts by the city to
include all the properties in this annexation. The city is
doing all they can do to proceed in good faith to eliminate
the created enclave through a referendum in November. The
proposed annexation appears to be a logical and orderly
extension of the city's boundaries.
2. ENVIFONMFNTAL RESOURCES MANAGEMENT: Bob Kraus, Environmental
Analyst
The site is not located within a wellfieid Protection Zone.
However, the property is considered environmentally sensitive
by Palm Beach County's Environmentally Sensitive Lands
Ordinance. The predominant plant community is pine flatwood
with several hammocks present. Some of the hammock
communities contain several listed species. The noted listed
species are: Cardinal Wild Pine (Tillandsia fasciculata) ,
® Cabbage Palm Fern (Phlebodium bureum) and Shoestring Fern
® (Vittoria lineata) which are listed as threatened by Florida
Department of Agriculture and the Hand Fern (Ophioglossum
palmatum) which is listed as endangered by the Florida
Department of Agriculture. ERM strongly recommends that these
hammock communities remain undisturbed in order to preserve
these species.
FIRE - RESCUE: Kathy Owens, Special Projects Coordinator
The annexation of this 700+ acre tract will have a negative
financial impact on Palm Beach County Fire - Rescue. Also,
response for advanced life support to these residents will be
longer if Palm Beach Gardens takes over fire and rescue
service.
Palm Beach County Fire - Rescue will seek an interlocal
agreement to continue service provision.
4. SHERIFF'S DEPARTMENT: Diana Newcomer, Criminal Justice
Planner
Annexing this parcel creates a service pocket [enclave] for
the sheriff's office on the south side of Hood Road contiguous
at a corner.
LI
Page 3 of 3
July 26, 1990
The Sheriff's Office recommends that Palm Beach Gardens adopt
proposals that(a) promote good police practice by not creating
service pockets, (b) do not negatively impact response time
and (c) create conditions of potentially hazardous situations
for law enforcement personnel.
5. TRAFFIC ENGINEERING: Alan Ennis, Development Review Engineer
No comment
6. WATER UTTLTTTFS: Lorraine Peterson, Civil Engineer
No comments, this area is not in the WUD's service area.
7. QFFTCE OF FINANCIAL MANAGEMENT AND BUDGET: Richard Roberts,
The proposed annexation results in the loss of ad valorem
taxes of $1127.03 as the above city does not participate in
fire rescue MSTU #2. Certain revenue sources, i.e., utility
service tax , franchise fees, sales tax and state shared
revenue may be marginally reduced but cannot be estimated from
available information.
Thank you for the opportunity to review and respond to these
actions. Please include these comments with your backup materials
for all meetings and hearings where this annexation is discussed.
Feel free to contact this office if you have any questions.
sincerely,
C /
De of z, A CP
Plannin Birect
4
F1t,2:A111[EX3/ TMN1tX :3P1lipI
cc: Board of County Commissioners
Bob Weisman, Asst. County Administrator
Donna Kristaponis, Executive Director, PZ &B
Bob Kraus, ERM
Kathy Owens, Fire /Rescue
Diana Newcomer, Sheriff's Department
Alan Ennis, Traffic Engineering Division
Lorraine Peterson, Water Utilities
Richard Roberts, OFMB
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NU I I(;L Of- ANNEXA I IUN
OF-'
CERTAIN LANDS PROPOSED .TO BE
ANNEXED: INTO THE
CITY OF PALM 'BEACH GARDENS
STATE 'OF FLORIDA
III Petition No nrin J 01
Acr° -nt' iCinr:;n J h5`2',, 'rill• •:y r4ssxiates,
Project Name: Briger Anne,:ation. r.„ n, • "•• ,i,
PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Garden's, For da, will Iwld a Pub)' '''
Hearing ori•Thursday, August,16,- 1990,'at 8:00 P.M.,,•or as soon thereafter as can be heard; In the CE I
Chambers at the Municipal Complex, 10500 North M+Iitary$Trajf,'P,alrri Beach Gardens, Florida, to" orisldar th�
following Ordinance on Second Reading and proposed.pdssage thereof.'A ganeral descriptl 6 oirihe la
proposed to be annexed is as shown below: A co late'legal description and the Ordinance can be ob4airiaei..°
rom the Planning and Zoning'Departmentu ' " "' ' { ?' }.s,r x��r,t:�° !r s
ROSH
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�ORDINANCEi1 FtO:- Z,99TAPPROX'.4S3ZEiX} 6- GENERAL!DESCRIPTIONbs
a Ordinance 6 „7990 X706- 548'Acres located, -in 'go ioiral, bdtween- Donald Ross;';
"9;? ,Fi Road andHoo dRoaSd�e „.a�%t and wostoflnterstate95 ,within
Sactions�r28 apd;3� }r R�1'��"�{ i' ;:d3•R ?t -.: ,,' 1l'i r'.
G' `t'rlq'��r,i I+u1) 1 PG 3 1tkS ,
PLEASE TAKE NOTICE AN BE ADVISED,''lihat N any}nterestad porscn dasires to ippeal any decision
made by the Cry Council wrth re'sper! to ariy'mattir considered at this Hearing, such interested person may:
need to onsure that a verbatim record of the proceedings is made, which record includes the testimony and ,
evidenco upon which the appeal is to'be based,"11 -R, ” } „,,; , ol•
p` s t••,yC7tt7r'ioht tt(;f',LINDA V. KOSIER
f; . -XtCITY CLERK
" CITY OF PALM BEACH.GARUENS '
PUBLISH: JULY 25, AUGUST 1, 8,r 15, 11990 �' �
(� ^•! r of i IMP Cn:n
1 Fd (.'lnrk hnp,nii wnrkinp for Pslm Bench Gnrrleri - 113 -74 unflrr Chief P—hl .
fiuririp the Limn ('opt Clnrk worked For Pnlm Bench Gnrdens he was rni-�pri
in rnrrlc frnm Pntrolmnn ni entry to Cnpt (Set. Lent. Cart.) While he
wnn n (,npl, l:n wns in ohn?v, .)r Ch- Dptoct ive MirPnru for vPVprnt ypnrs
nv,,r...iiip, Lh- nr IT;31,ionr, gnfl r_r�i1r {u r,r.iriP, persnnnlly the intPrnnl
itivPSf.Ign1, i nil ^ required by the CltIPf or (;iLy Hnnnppr Orr if Ltip
invesLigal.inii wn npon (tie Chief lie worked Pier Chief'r; Fecht., lirlwnrr{a,
Himmnlr,hnrh, Nolnu, Npnbnuer, stir] Frni7,pr Ili- became Cnpf, or
Admini -itrnLic,ti itr Jarrurnry 1989 unpl (;lnrk nttendpd 28 srhnols and
wnrltshnps Co give him more expertise do his field from 1() -74 until fits
dpnth nn nn 7, 1999
r'npt (;Inrit was pivatt a rrprtiricntp of Merit and Appreciation by Cfiipf
llpiihnurr fnr Innp hourr; and Sprvirp above nurl bpyorid the rnl l of duty
in {fin gettinp up or Flip computer, sod pTiCLinp it on line and kf —pine,
it nTi lino, IF" was stntPfI Flint, (;np1, Clark wns snving the City tliousntiei-,
of r1n1 lnrs by handling th-gr? prohlems and not hnviliR to alt HcDonnald
Iirn &fns (;omptiinr Cn. It was stnLPd Clint. (;opt. Clark find snved ttip CiLv
Lhn +'sands of dollsrs in setting tip the computer center. This Commendrit.inn
took pin ^p it, in -nn, From Clint Limp until Dpopmber 22. 1908 Cnpt Clarlt
nnrlt -d from n AH nnLi1 G PH daily, wnrit to Lhp Policy DPpL earh night nt
111 PH f run n report for the evening shift and was called in with eaph
rnmpnker nhi:t down riurinp, Llip night. On weekends, ntirl ]foliclnys (like
1'lisrikr- givint? ) (;apt . Clark had to po run a 2PH report and n MPH reporf. .
'1 1)nrrmhnT 71, 1988 ('npt Clarlt wntil, in to run thrr 1f) F'H report, tip rpturiipd
Tit i d (marl iPr Lhnri uaunI ) eompIainirip, of rnrippsLioil Around midnight
of Op,, 21 he cnulrl nn lonppr hrent.he slid his wire enlled qli The
Pri i i re t on11 ('npt, Lr) t tip hosp i t a 1 and if. wns nscerta iit ed that fin wns
hnvinp, a hr— tf nL tick . Chief Frnizer, and City Hensppr Orr stnypd with
i{rs ;lnrlt in hnspi,tnl iintil Cnpl, C1nrk wns sPmi stsblp and moved to
1 (; IJ (lit .lnruinry 4, Cnpt Clark ntirlPrcienl i.riplm by pass supnry and
li—I flit Jntiunry 7• 19109 (;apt Clark find Chizt Lmns stir] It la snn'G 11th
hirltiflny nIivn
4 (1u i() -15 F14 Cnr,L (;lnrk "s pension was vented (mPnnirip hit enuld draw it
nw a r- Lir -mprtt benefit nnvtim- sftrir rr- arhinp rptirempnt ape). On JuTip
)r1, 1 130 (;npf., Clark opIPbrnted Itis 55 hirt lid ny and wns then e1'?9ib1P
I refire
Phi Jsrninry 12 198'4 (5 days afLer the Gnpt, rdPnth) Kevin FPPnPy, pi.i_Y
t'r,mptrnlIer ngkrrl Hr (!Inrk Ln siPti s wnivpr of Clnims to rpppivp
r',lifril,10,inns nn l-/ stir] Hrs ('1nrk r,fusPf{ since slip dirt not want to
univn her rights t,n flip pnnsinri nritII she find clef orminpd hi-r PIip it) lit,v
a
I— Pml —r• 19. 1499 and Movpmbpr 30, 1989 of the henring bnnrri to r.]el.Prminp
lie rIaim under (-'hnptPr ]f35 Stste tatui.P. 'flip honrd hesrd the ('Iaim
nil their (:oriririI's legal opinion as to Ifie vsIirlity of the claim
I'lie board unnnimnnsly fnnntd for the widow, spreelvg Clint t he City lisd
tlr^ rPSpnrlsihi l i t.y to env thi eIChr�r in n lump sum nr mnnthIy halls
+nI their r11- r•reflnn) wiFli phi= 111() '1'hniisnnrJ n Y-nr Choy find fipPn
nIIPcf in? frnm the stnte Ln rover CItnpFer 18', claims Ti nt Povprerd by
]lip r insiirnnPP rrjmpnny (1'11Pv find hepn roilprting this money with
rInImrr nrniusC it fir nvPr 4 vpnrs)
it Inn 21. 1'1941 ('ity Attr,riiev WiIlinm itrnnt t'iJeri Situ, npninsl Ills
talc nri flip instrnrf.inil of .1 ;,fill Orr to sinp the bnnrri frnm pnvitrp
Ilie R mrMfhs ^.i11r— Tin th {ri F1 fine ,Pen dr1TiP viol Hrs. t;lark tins it r,f lips
^pn ry —I k,td
?&COMM's PensLon
Petitlbf For Pension
1. Capt. 5d. Clark Worked for Palm Beach Gardena Police Dept. from
10 -74 until t -89.
Z. Ile wan eligible for retirement on June 28, 1988 (his'b5 birthday) but
City offers time incentives to employees for not retiring upon
eligiblity. l
3 December 23, 1988 Rd Clark Buffered a heart attaok upon returning home
from Mork. January 7, 1989 Ed Clark died.
4. November 13, and 30, 1989 Pension board met, listened to Council and
approved the Pension claim for Mrs. Clark
S. On January 23, 1990 City Attorney Williem Brant filed suit against Mrs.
® Clark on the instruction of City manager John Orr to stop payment and
® in the six morithea since nothing has been done, Mrs, Clark has not
even been legally served.
8. THIS I9 A PETITION FOR MRS. CLARK TO RLCIEVE THIS PENSION.
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