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HomeMy WebLinkAboutMinutes Council 090408I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 SEPTEMBER 4, 2008 5 6 The September 4, 2008 Regular Meeting of the City Council of the City of Palm Beach 7 Gardens, Florida, was called to order at 7:05 p.m. in the Council Chambers of the Municipal 8 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric 9 Jablin. 10 I. PLEDGE OF ALLEGIANCE 11 II. ROLL CALL 12 The City Clerk called the roll and the following elected officials were found to be in 13 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 14 Councilmember Jody Barnett and Councilmember Robert Premuroso. 15 III. ADDITIONS, DELETIONS, MODIFICATIONS 16 Additions — None. 17 Deletions — Part I — Quasi-judicial, Resolution 77, 2008 — Approving the Christ Fellowship 18 Church North Campus Replat. This plat was scheduled to be signed by Northern Palm Beach 19 Improvement District on August 26, 2008, but has been delayed until September 23, 2008 and 20 will be moved to a future Council agenda. 21 Modifications — Part II — Non-Quasi-judicial — Amending the Fiscal Year 2007/2008 Budget. 22 Ordinance 21, 2008 has been postponed until date certain of September 18, 2008 so all budget 23 items will be heard at the same time. 24 Motion 25 Vice Mayor Levy made a motion in favor of the deletions and modifications. Councilmember 26 Russo seconded. The motion passed unanimously, 5 -0. 27 IV. ANNOUNCEMENTS AND PRESENTATIONS 28 a. Mayor Jablin invited Councilmember Premuroso, former Chair of the Parks and 29 Recreation Advisory Board, to join him in presenting the Palm Beach Gardens 11U All -Stars 30 with a Certificate of Achievement for winning the Cal Ripken Baseball Southeast Regional 31 Tournament. 32 V. PUBLIC HEARINGS FOR 2008/2009 BUDGET — NON -QUASI JUDICIAL 33 a. Presentation of the Fiscal Year 2008/2009 Budget. 34 The City Clerk read Ordinance 24, 2008 by title. 35 b. Ordinance 24, 2008 — (1st reading) Adopting fiscal year 2008/2009 budget. An Ordinance 36 of the City Council of the City of Palm Beach Gardens, Florida adopting a budget for the City 37 of Palm Beach Gardens for the Fiscal Year commencing October 1, 2008, and ending 38 September 30, 2009; and providing an effective date. 39 City Manager Ron Ferris asked that the budget presentation be postponed so he can present 40 the results of the Resident Opinion Survey and the Compensation and Benefits Study. City 41 Manager Ferris explained the premise of the Resident Opinion Survey and that it could be 42 completed on paper or online at the City website. There were more than 1,100 paper 43 responses and 353 online responses. City Manager Ferris read the survey and the responses to 44 each category. City Manager Ferris presented the Compensation and Benefits Study results. 45 The study was conducted by an outside consultant. 46 Finance Administrator Allan Owens explained the budget process and presented the 47 2008/2009 budget. Revisions from the original budget include an increase in the operating CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 09.04.08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 rate from 5.20 to 5.25 mills. A new internal service fund has been created to account for health insurance benefits. Finance Administrator Owens explained the effects of the 2007 tax legislation. Budget Oversight Committee (BOC) members Chair Harvey Goldberg, Ken Menard and Bernard Pettingill, Ph.D. were introduced. Chair Goldberg explained the process the BOC follows and reported their conclusions. The BOC recommended that the City Council adopt the 2008/2009 budget as presented. Major Jablin, Vice Mayor Levy, Councilmember Russo and Councilmember Premuroso thanked the BOC members for their work. Councilmember Barnett thanked the BOC for their work and asked about the advisability of using approximately $300,000.00 from the reserve account for the upcoming fiscal year. Chair Goldberg stated the reserve account is over the percentage balance set by the City Council so there is leeway. He also stated there are potential sources of revenue in the coming year and he would advise waiting to see if they come about before using reserve funds. Finance Administrator Owens stated the budget was balanced for revenue versus expenditures at 5.20 mills and the 5.25 millage rate will allow an extra $460,000.00 to reserves that has not been allocated. Finance Administrator Owens thanked the BOC members and explained the required actions by the City Council. Mayor Jablin opened the public hearing. Dionna Brahs, 1926 10th Avenue North, Lake Worth, Realtors Association of the Palm Beaches, asked that the millage rate not be increased. John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated the importance of getting all City employees into the Florida Retirement System (FRS). Eric Sain, 316 North Bromeliad, West Palm Beaches, Vice President of the Realtors Association of the Palm Beaches, asked that the millage rate not be increased. Eileen Tucker, Shady Lakes, questioned the results of the resident survey and budget line items and suggested using excess funds in the reserve account to buy the District Park. Joel Channing, 59 St. George Place, Palm Beach Gardens, stated the PGA Corridor Association supports the proposed budget and millage. Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated the City of Palm Beach Gardens has always had lower taxes than surrounding areas. Paul Auerbach, 11215 Curry Drive, Palm Beach Gardens, asked how the removal of four police officers can be justified. Police Chief Stephen Stepp explained the reorganization that allowed the elimination four administrative positions but put more officers on the road. Councilmember Barnett asked with more officers are on the road, is there adequate staffing inside, such as detectives. Councilmember Barnett also inquired if Palm Beach Gardens officers working in special units, such as the Gang Unit for the Palm Beach County Sheriff's Office, adversely affects staffing. Chief Stepp explained the benefit the Palm Beach Gardens Police Department receives by working in mutual aid with other agencies. Mayor Jablin closed the public hearing. Councilmember Premuroso explained that should the millage rate remain at 5.10 services would have to be cut. He also explained his reasons for supporting the 5.25 millage rate. Councilmember Barnett stated her concern that there be no degradation of services provided by the Fire Department and inquired about the status of the nine firefighters hired in 2006. Fire Chief Pete Bergel stated the firefighters were hired in 2005 and with the upcoming budget they will be phased out. Councilmember Barnett asked about the amount spent on overtime this year. Chief Bergel stated the approximate amount is $200,000.00 over budget due to disabilities and staffing. Chief Bergel explained the change to staffing requirements through bargaining and how Interlocal Agreements work. Accreditation will not be affected CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 09.04.08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 by the change to either /or staffing. Councilmember Barnett stated she would prefer to retain the current system and fund it adequately. Councilmember Barnett made further comments regarding specific budget items and questioned money budgeted for the City's 50th birthday party. Councilmember Barnett questioned the cost of the City Clerk's vehicle, used for delivering City Council mail, and stated she would be willing to come to the City and pick up her own mail. Vice Mayor Levy encouraged staff to continue to look for ways to save money and stated he wants to retain the Economic Development portion of the reserves. Vice Mayor Levy stated his support for purchasing the District Park and discussed the 5.20 and 5.25 millage rates and the effects each will have for the City. Councilmember Russo stated the intent of Amendment 1 was to reduce taxes; he does not believe the City can afford to purchase the District Park at this time and he is willing to come to the City to pick up his mail. Councilmember Russo proceeded to discuss the value of the lobbyist and not micromanaging the Police and Fire Departments. Councilmember Russo stated he is willing to support the 5.20 millage rate, but not the 5.25 millage rate and he supports the conversion of leave. Mayor Jablin stated he has an appointment with County Commissioner Marcus on September 8, 20089 where the District Park will be discussed. Mayor Jablin stated he does support the 5.25 millage rate as well as his support for the Police and Fire Departments and public safety. Councilmember Barnett stated she could support the 5.25 millage rate if the money was directed to the Fire Department. Further discussion of the millage rate, Police and Fire Department staff and acquisition of the District Park ensued. Motion Vice Mayor Levy made a motion for adoption of the tentative millage rate of 5.399 mills for 2008/2009. Councilmember Premuroso seconded. The motion passed with a vote of 3 -2 with Councilmember Russo and Councilmember Barnett dissenting. Motion Vice Mayor Levy made a motion announcing that the rate is less than the rollback rate by 4.136 percent. Councilmember Premuroso seconded. The motion passed unanimously, 5.0. Motion Vice Mayor Levy made a motion approving Ordinance 24, 2008 on first reading adopting a tentative budget for fiscal year 2008/2009 and setting the second and final hearing for September 18, 2008 at 7:00 p.m. in the Council Chambers. Councilmember Premuroso seconded. The motion passed with a vote of 3 -2 with Councilmember Russo and Councilmember Barnett dissenting. VI. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS Councilmember Premuroso stated he attended the Neighborhood Crime watch last week conducted by Officer Jules Barone in the Police Department and was very impressed with the presentation and the technology used to keep officers and dispatch in touch while off duty. Councilmember Russo did not have a report. Vice Mayor Levy attended Palm Beach County League of Cities Board meeting and general meeting, which have been combined. The County is eliminating its Preservation and Protection Grant program, which means grant money will no longer be available for the removal of exotics. Vice Mayor Levy asked if Council would be interested in having a speaker come to discuss the Let Us Vote Amendment in October. Vice Mayor Levy listed new League of Cities members. The League of Cities is sponsoring a golf tournament October 10, 2008 benefitting a scholarship fund. Councilmember Barnett reported on the missing 3,400 votes from the County election. Councilmember Barnett requested that staff inquire about returning the Sienna Oaks polling location from the Moose Lodge to the Allamanda Elementary School after its completed renovation. Mayor Jablin CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 09.04.08 I announced that he, representing the City Council, signed the U.S. Mayors Climate Protection 2 Agreement and read the certificate from the Sierra Club. 3 VII. CITY MANAGER REPORT 4 City Manager Ron Ferris reported on Code Enforcement activities and services. Operations 5 Director David Reyes noted the increase of abandoned properties throughout the City, with 27 6 now being managed by staff. Operations Director Reyes described the action his department 7 is taking to maintain the noted properties. A task force team has been formed with members 8 from different departments helping to identify code enforcement issues, which are then 9 followed up on using the necessary resources. The Code Enforcement Department also works 10 with the Solid Waste Authority (SWA) on projects that need to be taken care of Vice Mayor 11 Levy asked if liens are being filed against properties the City is maintaining for cost recovery. 12 Interim City Attorney R. Max Lohman explained the house in question is abandoned. When 13 the City amended the Ordinance that addresses the Florida Building Code the unsafe building 14 code was inadvertently removed, which removed the ability of the City to condemn a 15 property. An Ordinance is being developed and it is planned to come before City Council for 16 first reading at the September 18, 2008 meeting. 17 VIII. COMMENTS FROM THE PUBLIC 18 None. 19 IX. CONSENT AGENDA 20 a. Approve Minutes from July 17, 2008 regular City Council meeting. 21 b. Resolution 73, 2008 — Lease Agreement. A Resolution of the City Council of the City of 22 Palm Beach Gardens, Florida approving a Lease Agreement with the School Board of Palm 23 Beach County for temporary parking within the Mirasol School site; providing an effective 24 date; and for other purposes. 25 c. Resolution 76, 2008 — Agreement with Staffing connection/Action Labor.. A Resolution 26 of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor to 27 execute Addendum III to the Agreement with Staffing Connection/Action Labor for School 28 Crossing Guard Services; providing an effective date; and for other purposes. 29 Motion 30 Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember 31 Barnett seconded. The motion passed unanimously, 5 -0. 32 X. ORDINANCES (For Consideration on First Reading) 33 a. Ordinance 18, 2008 — Voluntary Annexation. An Ordinance of the City Council of the 34 City of Palm Beach Gardens, Florida annexing, pursuant to a petition for voluntary 35 annexation, a parcel of land consisting of approximately 0.71 acres, generally located at the 36 Southwest Corner of the intersection of Northlake Boulevard and Military Trail in Palm 37 Beach County, Florida, as more particularly described herein; declaring that the voluntary 38 annexation petition bears the signature of the owner of the real property annexed hereby; 39 amending Article II of the City Charter by redefining the Corporate Limits; providing a 40 conflicts clause, a severability clause and authority to codify; providing an effective date; and 41 for other purposes. 42 Councilmember Russo abstained from the portion of the meeting on Ordinance 18, 2008. 43 Dodi Glas, Gentile, Holloway, O'Mahoney & Associates, Inc. (GHO), representing the 44 petitioner, described the location, size, zoning, land use and surrounding area of the property. 45 The annexation into the City is voluntary. Vice Mayor Levy questioned the area as 0.77 as 46 written in Ordinance 18, 2008. Ms. Glas stated the area is 0.71 acres. Senior Planner Stephen 47 Mayer, Growth Management Department, explained the concurrent processing and stated that CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 09.04.08 I the petitioner has met all requirements. Palm Beach County issued a no objection letter to the 2 annexation. Staff recommends approval of Ordinance 18, 2008. 3 There were no public comments. 4 Motion 5 Vice Mayor Levy made a motion for approval of the Ordinance 18, 2008 on first reading. 6 Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 7 Councilmember Russo abstained from the portion of the meeting on Ordinance 19, 2008. 8 b. Ordinance 19, 2008 — Northlake Shell. An Ordinance of the City Council of the City of 9 Palm Beach Gardens, Florida adopting a small scale amendment to its comprehensive 10 development plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, 11 specifically Section 163.3187(1)(c), et seq., Florida Statutes, pursuant to privately initiated 12 application No. CPSS- 07 -12- 000002, which provides for an amendment to the City's Future 13 Land Use Map designating one (1) parcel of real property comprising approximately (0.71±) 14 acres, more or less, in size as "(C) Commercial "; such parcel of land is located at the 15 Southwest corner of the intersection of Northlake Boulevard and Military Trail, informally 16 known as the "Northlake Shell ", providing for compliance with all requirements of Chapter 17 163, Florida Statutes; providing a conflicts clause, a severability clause and authority to 18 codify; providing an effective date; and for other purposes. 19 Motion 20 Vice Mayor Levy made a motion for approval of the Ordinance 19, 2008 on first reading. 21 Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 22 Councilmember Russo returned to the dais. 23 XI. PUBLIC HEARINGS 24 Part I — Quasi - judicial 25 Mayor Jablin announced the procedures that would be followed in tonight's quasi-judicial 26 proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight's 27 public hearings. The City Clerk read Ordinance 20, 2008 by title. 28 a. Ordinance 20, 2008 — (1' reading) Divers Direct Expansion. An Ordinance of the City 29 Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 30 1.37 acres, located on the Southwest corner of I -95 and Northlake Boulevard, as described 31 more particularly herein, from General Commercial (CG -1) zoning district to Planned Unit 32 Development (PUD) overlay with an underlying zoning district of General Commercial (CG- 33 1) to be known as the Diver's Direct PUD and revising the City zoning district map 34 accordingly; providing a conflicts clause, a severability clause and authority to codify; 35 providing an effective date; and for other purposes. 36 Resolution 61, 2008 is a companion item to Ordinance 20, 2008 and will require council 37 action only at second reading. 38 Resolution 61, 2008 — Divers Direction Expansion. A Resolution of the City Council of the 39 City of Palm Beach Gardens, Florida approving the Diver's Direct Planned Unit Development 40 (PUD) to allow for the 3,710- square -foot expansin to the existing retail building on a 1.37- 41 acre parcel, as described more particularly herein; providing waivers; providing conditions of 42 approval; providing an effective date; and for other purposes. 43 Mayor Jablin requested ex parte communication with none declared. 44 Mike Sanchez, Johnston Group Land Development Consultants, representing Diver's Direct, 45 explained the location, surrounding area, proposed building modifications, signage and waiver 46 requests. The Planning, Zoning and Appeals Board recommended approval with seven 47 waivers. Mr. Sanchez explained the requirements of installation and maintenance of irrigation CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 09.04.08 I and landscaping within the adjacent rights -of -way along the road shoulder and median 2 bordering the petitioner's property as well as the areas currently maintained by the City and 3 asked that the petitioner not be required to maintain the area along the Interstate 95 on -ramp 4 and that the requirement be removed from the Development Order. The open space 5 requirements are met. 6 Planner, Richard Marrero, Growth Management Department, reviewed the zoning, location, 7 signage, architecture theme and waivers. Staff recommends approval of Ordinance 20, 2008 8 and Resolution 61, 2008 with six waivers and recommends denial of the waivers for the 9 additional sign on the East elevation and the proposed language modification to the roadway 10 beautification condition. The Planning, Zoning and Appeals Board recommended approval for 11 the additional sign on the East elevation. 12 Councilmember Russo stated his objection to the flag and his approval of the building 13 improvements. Councilmember Barnett inquired about the traffic pattern for ingress and 14 egress to the property. Planner Marrero explained only a right turn can be made from Sunset 15 Drive on to Northlake Boulevard and stacked cars could cause a problem for cars turning onto 16 Sunset Drive to make a left turn to enter the property. Councilmember Barnett stated she 17 approves of the flag because it draws customers to the business. Vice Mayor Levy stated his 18 approval of the flag and agreement with the denial of the beautification waiver and additional 19 sign waiver. 20 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin 21 closed the public hearing and returned Ordinance 20, 2008 to the Council for further 22 discussion. Interim Attorney R. Max Lohman cited code section 78- 287(d) that does allow a 23 recognized scuba diving shop to display a flag. Mayor Jablin surmised that the majority of 24 Councilmembers agree with the flag and the additional sign. 25 Motion 26 Vice Mayor Levy made a motion for approval of the Ordinance 20, 2008 on first reading. 27 Councilmember Barnett seconded. The motion passed unanimously, 5 -0. 28 The City Clerk read Ordinance 23, 2008 by title. 29 b. Ordinance 23, 2008 — Gst reading) Northlake Boulevard Shell PUD. An Ordinance of the 30 City Council of the City of Palm Beach Gardens, Florida rezoning a 0.71 acre, more or less, 31 parcel of land located at the Southwest corner of the intersection of Military Trail and 32 Northlake Boulevard, more commonly known as the Northlake Shell Property and more 33 particularly described herein, from the existing County zoning designation of commercial 34 Neighborhood (CN) to the city's zoning designation of General Commercial (CG -1) with a 35 Planned Unit Development (PUD) overlay to be known as the Northlake Boulevard Shell 36 PUD; providing revisions to the zoning district map; providing a conflicts clause, a 37 severability clause and authority to codify; providing an effective date; and for other 38 purposes. 39 Resolution 67, 2008 is a companion item to Ordinance 23, 2008 and will require council 40 action only at second reading. 41 Resolution 67, 2008 — Northlake Boulevard Shell PUD. A Resolution of the City Council of 42 the City of Palm Beach Gardens, Florida approving the Northlake Boulevard Shell's Planned 43 Unit Development (PUD) to allow for a 3,000- square -foot service station building with 44 twelve (12) gasoline pumps on a 0.71 -acre parcel, as described more particularly herein; 45 providing waivers; providing conditions of approval; providing an effective date; and for 46 other purposes. 47 Mayor Jablin asked for ex parte communication with none declared. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 09.04.08 I Councilmember Russo abstained from the portion of the meeting on Ordinance 23, 2008. 2 Dodi Glas, GHO, representing the petitioner, explained the property location, site plan, 3 architecture, signage, landscaping and waivers. Vice Mayor Levy inquired about the condition 4 of the tanks and equipment. Ms. Glas replied that all tanks and equipment are being upgraded 5 and there is no known contamination. Vice Mayor Levy warned that the Sunoco Station on 6 PGA Boulevard and Prosperity Farms was heavily contaminated. Councilmember Barnett 7 asked if the requirements of the Northlake Boulevard Overlay Zone (NBOZ) can be waived. 8 Planner Marrero stated that there is a provision in the NBOZ that allows waivers. 9 Planner Marrero stated staff does support all of the waivers. Councilmember Barnett inquired 10 about the red fast food sign on the side of the building. Growth Management Administrator 11 Kara Irwin explained that the food shop inside of the building is a tenant and is entitled to a 12 sign. Councilmember Barnett stated her objection to the red color of the sign. Ms. Glas stated 13 the color matches the red of the Shell signage. 14 Mayor Jablin opened the public hearing. With no one wishing to be heard Mayor Jablin 15 closed the public hearing and brought Ordinance 23, 2008 back to Council. 16 Motion 17 Vice Mayor Levy made a motion for approval of the Ordinance 23, 2008 on first reading. 18 Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 19 Mayor Jablin stated Resolution 77, 2008 has been deleted. 20 Part II — Non - Ouasi- Judicial 21 The City Clerk read Ordinance 16, 2008 by title. 22 a. Ordinance 16, 2008 — (2nd reading and adoption) Land Use designation of a portion of 23 Northlake Congress Plaza. An Ordinance of the City Council of the City of Palm Beach 24 Gardens, Florida adopting a small scale amendment to its comprehensive development plan in 25 accordance with the mandates set for the in Chapter 163, Florida Statutes, specifically Section 26 163.3187(1)(c), et seq., Florida Statutes, pursuant to City- initiated application No. CPMA -08- 27 06- 000010, which provides for an amendment to the City's Future Land Use Map designating 28 one (1) parcel of real property comprising approximately one and 37/100 (1.37 ±) acres, more 29 or less, in size as "(C) Commercial "; such parcel of land is located at the Northeast corner of 30 Northlake Boulevard and Congress Avenue, informally known as the " Northlake Congress 31 Commercial Center "; providing for compliance with all requirements of Chapter 163, Florida 32 Statutes; providing a conflicts clause and a severability clause; providing an effective date; 33 and for other purposes. 34 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin 35 closed the public hearing and brought Ordinance 16, 2008 back to Council. 36 Motion 37 Vice Mayor Levy made a motion for approval of the Ordinance 16, 2008 on second reading 38 and adoption. Councilmember Barnett seconded. The motion passed unanimously, 5 -0. 39 The City Clerk read Ordinance 17, 2008 by title. 40 b. Ordinance 17, 2008 — (2nd reading and adoption) Land Use Designation of a Portion of 41 the Waterway Cafe. An Ordinance of the City Council of the City of Palm Beach Gardens, 42 Florida adopting a small scale amendment to its comprehensive development plan in 43 accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically section 44 163.3187(1)(c), et seq., Florida Statutes, pursuant to City- initiated application No. CPMA -08- 45 06- 000009, which provides for an amendment to the City's Future Land Use Map designating 46 one (1) parcel of real property comprising approximately 1.50± acres, more or less, in size as 47 "(C) Commercial "; such parcel of land is located on the South side of PGA Boulevard CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 09.04.08 I approximately !/4 mile East of Prosperity Farms Road, informally known as the "Waterway 2 Cafe Restaurant "; providing a conflicts clause and a severability clause; providing an 3 effective date; and for other purposes. 4 Mayor Jablin opened the public hearing. With no one wishing to be heard Mayor Jablin 5 closed the public hearing and brought Ordinance 17, 2008 back to Council. 6 Motion 7 Vice Mayor Levy made a motion for approval of the Ordinance 17, 2008 on second reading 8 and adoption. Councilmember Barnett seconded. The motion passed unanimously, 5 -0. 9 Mayor Jablin stated that Ordinance 21, 2008 has been postponed to date certain September 10 18, 2008. 11 The City Clerk read Ordinance 21, 2008 by title. 12 c. Ordinance 21, 2008 — (2nd reading and adoption) Amending the Fiscal Year 2007/2008 13 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 14 amending the City of Palm Beach Gardens' Budget for the Fiscal Year beginning October 1, 15 2007, and ending September 30, 2008, inclusive; providing a conflicts clause , a severability 16 clause and providing an effective date; and for other purposes. 17 XII. RESOLUTIONS 18 None. 19 XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION 20 Councilmember Barnett requested that the Board and Committee Ordinance 17, 2004 21 attendance policy section be amended to allow for excused absences if attendance would 22 cause a board member to be in violation of any Federal, State or Municipal law. Mayor Jablin 23 stated the attendance policy used to be very lenient, but is now very strict. Councilmembers 24 agreed to have staff review the policy. 25 XIV. CITY ATTORNEY REPORT 26 None. 27 28 29 30 31 32 33 (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09.04.08 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 XIV. ADJOURNMENT There being no further business to come before the Council, Vice Mayor Levy made a motion to adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5 -0. The meeting was adjourned at 10:52 p.m. The next regularly scheduled City Council meeting will be held September 18, 2008. APPROVED: ATTEST: Patricia Snider, CMC City Clerk 6�2 David Levy,, Vice Russo, Councilmember Jody Barnett, Coungfirnember Robert G. Premuroso, Councilmember Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09.04.08 PAGE 9 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST ME -FIRST NAME - MIDDLE NAME Le i Sc_-, �/ �� �� "< o(.� J NAME OFF BOARD, COUNT , COMMISSION, AUTHORITY, OR COMMITTEE C2 % L "o v —G MAILI AD PRESS I- © Z� -S i / !`-A_ THE BOARD, CO CIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERV IS A UNIT OF: ITY OCOUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY /J „ S PZ / .4- //J l; f •� fC (�,Q 2 __C r/ NAME OF�� SUgpI�SION:, /5 DATE ON W CH OT OCCURRED O�/ MY POSITION IS: ELECTIVE ❑ 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 voting on 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative” includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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 min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must 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. (Continued on other side) CE FORM 813 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: t You must disclose orally the nature of your conflict in the measure before participating. + You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 9 /�/ 20 D9 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; V inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss whom I am retained; or Inured to the special gain or loss of by which Is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agenc and the nature of my conflicting Interest in the measure is as follows: �7C—£- Yom" /�} ✓�F� Date Filed ' 5Iiature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA -FIRST NAME�IDDLE N�M�, /!n IrSSO �OSL //%f NAME OF BOARD, COLINCjL, COMMISSION, AUTHORITY, OR COMMITTEE V 'i �lo f --c MAILING A DRESS / �� THE BOARD, CO CIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE t A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CI, CO TY (� Z �[ 'C Q h �� � �� �� / NA 7F POLIT AL SUBDIVISION: DATE ON WHICH VOTE OCCURR D n _i �` u MY POSITION IS: 064LECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 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 voting on 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, Joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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 min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must 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. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) + A copy of the form must be provided immediately to the other members of the agency. + The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: e You must disclose orally the nature of your conflict in the measure before participating. You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. J/ //11 DISCLOSURE OF LOCAL OFFICER'S INTEREST I, U S� r� U2 / hereby disclose that on �! , 20 dZ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or Inured to the special gain or loss of which Is the parent organization or subsidiary of a principal which has retained me. o (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 1' , LcQ 2 AC L; LN �� �T Nt` CC 0 N` ti� p`�')L� 4AA - (10-Ca _z 77k- 4 Date Red Sig NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 813 - EFF. 112000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAM n (�„sso v5c I O��G NAME OF BOARD, COUNCIL, COMMISSION/, AUTHORITY, OR COMMITTEE `ts >vC-1C MAILING ADDRESS THE BOARD, COUNC , COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY C C�TY J ` NAME OF OLITICAL SygDIVISION: DATE ON WHICH VO4 `( C UR/nR�ED O `i MY POSITION IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 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 voting on 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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 min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must 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. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. (� DISCLOSURE OF LOCAL OFFICER'S INTEREST I, J-0 z O `�` hereby disclose that one 20 02 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of. whom I am retained; or Inured to the special gain or loss of Is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agenc and the nature of my conflicting interest in the measure is as follows: O.L'-'� �- L L 3 Zoz C C 0 04 l I Iq (,(1 Date Filed E by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 8B - EFF. 112000 PAGE 2