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HomeMy WebLinkAboutMinutes Council 091808I CITY,OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 SEPTEMBER 18, 2008 5 6 The September 18, 2008 Regular Meeting of the City Council of the City of Palm Beach 7 Gardens, Florida, was called to order at 7:04 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 H. 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 None. 17 IV. ANNOUNCEMENTS AND PRESENTATIONS 18 None. 19 V. PUBLIC HEARINGS FOR 2008/2009 BUDGET — NON -QUASI JUDICIAL 20 a. Presentation of the Fiscal Year 2008/2009 Budget. 21 The City Clerk read Resolution 71, 2008 and Ordinance 24, 2008 by title. 22 b. Resolution 71, 2008 — Adopting a Tax Levy and Millag_e Rate. A Resolution of the City 23 Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for 24 the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2008, and ending 25 September 30, 2009; directing the City Clerk to forward a certified copy of this Resolution to 26 the Property Appraiser and Tax Collector within three (3) days after its adoption; and 27 providing an effective date; and for other purposes. 28 b. Ordinance 24, 2008 — (2nd reading) Adopting fiscal year 2008/2009 budget. An 29 Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a budget 30 for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2008, and 31 ending September 30, 2009; and providing a conflicts clause, a severability clause and 32 authority to codify; providing an effective date; and for other purposes. 33 City Manager Ron Ferris asked the City Council if they would like to hear the full financial 34 presentation. The Councilmembers chose an abbreviated version. 35 Finance Administrator Allan Owens explained that this is the second and final hearing for the 36 Fiscal Year 2008/2009 budget according to Florida Statute 200.065. The tentatively adopted 37 operating millage rate is 5.399 mills; which includes 5.25 operating and 0.149 debt service. 38 The rate is 1.436 below the rollback rate of 5.4765. The total of all funds budgeted for the 39 next year is $119,001,158.00. Finance Administrator Owens explained the required actions 40 that must be taken by the City Council. 41 Mayor Jablin opened the public hearing. 42 Tom Cairnes, representing the PGA Corridor Association, recommended approval of the 43 millage rate as stated. 44 With no one else wishing to be heard, Mayor Jablin closed the public hearing and brought 45 Ordinance 24, 2008 back to the City Council. 46 Councilmember Barnett asked about the process to be used to spend the money in the budget 47 for the City's 50th birthday party. Recreation Director Charlotte Presensky explained the CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 09.18.08 I funds are in the special revenue fund and are revenue - generating funds that come from 2 sponsorships. The funds are under the Recreation Division and are for the activities during the 3 50th year for celebration events. The accounting of the funds and spending decisions are made 4 by staff. Councilmember Barnett stated her objections to spending the birthday party funds. 5 City Manager Ferris explained the difference between the budgeted funds and how grant 6 money is accepted and spent. Mayor Jablin explained his discussions regarding a grant from 7 the John D. and Catherine T. MacArthur Foundation, which seem favorable at this time. If the 8 grant is offered to the City, the City Council will decide whether to accept it or not. These 9 funds would be over and above the funds for the Recreation Division. 10 Motion 11 Vice Mayor Levy made a motion for approval of Resolution 71, 2008 setting the millage rate 12 of 5.399 mills for 2008/2009. Councilmember Premuroso seconded. Councilmember Barnett 13 stated her objections to the budget process and the 2008/2009 budget itself. Councilmember 14 Russo stated his objections to the 2008/2009 budget and that he will not support it. 15 Councilmember Premuroso complimented the City Manager and staff for their help during the 16 budget process and explained his support for the 5.25 millage rate. Vice Mayor Levy stated he 17 wants to see a steady millage rate and that he will support the budget. Mayor Jablin stated his 18 support of the 5.25 millage rate and that he will support the budget. The motion passed with a 19 vote of 3 -2 with Councilmember Russo and Councilmember Barnett dissenting. 20 Motion 21 Vice Mayor Levy made a motion approving Ordinance 24, 2008 adopting the fiscal year 22 2008/2009 budget on final reading. Councilmember Premuroso seconded. The motion passed 23 with a vote of 3 -2 with Councilmember Russo and Councilmember Barnett dissenting. 24 VI. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 25 Councilmember Premuroso did not have a report. Councilmember Russo stated that he and 26 Vice Mayor Levy attended a Bioscience Land Protection Advisory Board (BLPAB) meeting 27 and reported that Scripps is on target. Max Planck is on schedule. Vice Mayor Levy reported 28 on the Florida Recreation Development Assistance Program (FRDAP) Grant meeting held on 29 October 15, 2008. The parking lots on Burns Road should be completed shortly; bids for the 30 PGA National Park will be opened October 2, 2008 and the Park will close on October 6, 31 2008 to begin renovations. The refurbishment of the old pool will be finished by mid - October. 32 The Oaks Park playground has been shut down for renovation. The dancing and adult dodge 33 ball programs are successful. The Youth Triathlon will take place on October 4, 2008 with 34 250 entrants and sponsorship by The Gardens Mall and Publix. The Green Market starts 35 October 19, 2008 and the Fall Festival will be held October 25, 2008. The golf course now 36 offers a children's birthday party program. Vice Mayor Levy reported on the Regional 37 Hazardous Materials Oversight Committee meeting (HSMAT). Councilmember Barnett did 38 not have a report. Mayor Jablin reported his meeting with Congressman Mahoney, the 39 opening day of soccer, and the dedication of Strayer University. The Mayor's Trophy game 40 was a success. 41 VII. CITY MANAGER REPORT 42 City Manager Ron Ferris reported the florets have been reinstalled on the PGA flyover. A 43 one -year guarantee is in place and a regular maintenance schedule has been established. The 44 City won a design award for the PGA flyover bridge. 45 VIII. COMMENTS FROM THE PUBLIC 46 Tom Cairnes, spoke on behalf of the PGA Corridor Association, commented on the PGA 47 Flyover and its design and the purchase of the park. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 09.18.08 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 Tom DeRita, 5770 Whirlaway Road, Palm Beach Gardens, reported on a bipartisan meeting with Congressman Mahoney, who stated he is in favor of earmarks and he is working on one for the center in Palm Beach Gardens. The staff for the Trust for Public Park Lands and Community Trust have been contacted regarding possible grant money to be put toward the purchase of the District Park. Neither agency has grants to transfer the property. Money cannot be transferred from a County to a City. State grant money for passive recreation enhancements to the property would be available should the City pursue the District Park acquisition. Mr. DeRita explained the value of lobbyists. Mr. DeRita has been reappointed for a second four -year term as a commissioner for the Palm Beach Treasure Coast and St. Lucie County Consumer Affairs. Governor Crist appointed Mr. DeRita to a four -year term on the Judicial Nominating Committee. Councilmember Russo stated Congressman Mahoney helped the City get the Federal Emergency Management Agency (FEMA) reimbursement funds. Laura Piazza, 14474 Caloosa Boulevard, Palm Beach Gardens, thanked the Palm Beach Gardens Police Department for their assistance with issues at the Timber Trace Elementary School. Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, requested financial support for uniforms for the H.L. Watkins Middle School Marching Band. Ms. Estrada questioned the benefit of the Workers on Watch (WOW) program because they are not picking up illegal signs and requested assistance for people exiting Lilac Street on to Southbound Military Trail. Anne Booth, Urban Design Studio, 427 South Rosemary Avenue, Suite 225, West Palm Beach, representing BallenIsles community, asked that staff be authorized to review the Code of Ordinance that requires 100 percent consent of all property owners within a Planned Commercial (PCD) or a Planned Unit Development (PUD) to provide written consent before the association, or anyone in the community, can make amendments to the master plan. The association would like to make some changes to the master plan, but they cannot go forward because of restrictions in the Code. Councilmember Russo stated he is a BallenIsles resident and could possibly have a conflict on the issue in the future. Frenchman's Creek also had this issue. Councilmember Russo stated he believes the issue should be reviewed. Councilmember Barnett cautioned about putting too much power in the hands of a homeowner's association (HOA), which is a small group of people. Comparisons were requested. Anne Booth stated she would be happy to help if needed. IX. CONSENT AGENDA a. Resolution 78, 2008 — Interlocal Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Palm Beach County for the shared use of the Palm Beach County Fiber Network; providing an effective date; and for other purposes. b. Resolution 80, 2008 — Parcel 5A Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the MacArthur parcel 5A Plat; providing an effective date; and for other purposes. c. Resolution 84, 2008 — The Pointe Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Pointe Corporate Office Park; providing an effective date and for other purposes. d. Proclamation — National Sickle Cell Month. Motion CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 09.18.08 I Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember 2 Barnett seconded. The motion passed unanimously, 5 -0. 3 X. PUBLIC HEARINGS 4 Park I — Non -Quasi — iudicial 5 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The 6 City Clerk swore in all those intending to offer testimony in any of tonight's public hearings. 7 The City Clerk read Ordinance 18, 2008 by title. 8 a. Ordinance 18, 2008 — (2nd reading and adoption ) Voluntary Annexation. An Ordinance of 9 the City Council of the City of Palm Beach Gardens, Florida annexing, pursuant to a petition 10 for voluntary annexation, a parcel of land consisting of approximately 0.71 acres, generally 11 located at the Southwest Corner of the intersection of Northlake Boulevard and Military Trail 12 in Palm Beach County, Florida, as more particularly described herein; declaring that the 13 voluntary annexation petition bears the signature of the owner of the real property annexed 14 hereby; amending Article II of the City Charter by redefining the Corporate Limits; providing 15 a conflicts clause, a severability clause and authority to codify; providing an effective date; 16 and for other purposes. 17 Councilmember Russo abstained from the portions of the meeting covering Ordinance 18, 18 2008 and Ordinance 19, 2008. 19 Mayor Jablin opened the public hearing. 20 Joe Martin, 4778 Square Lake Boulevard, Palm Beach County, stated his concerns for traffic 21 issues on Northlake Boulevard with vehicles coming from the West approaching the Shell 22 Station. Mr. Martin described the issues with Square Lake residents and local schools exiting 23 onto Northlake Boulevard. 24 Vice Mayor Levy stated the drive - through has been removed from the project. 25 Mayor Jablin closed the public hearing and brought Ordinance 18, 2008 back to City Council. 26 Motion 27 Vice Mayor Levy made a motion for approval of the Ordinance 18, 2008 on second reading 28 and adoption. Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 29 The City Clerk read Ordinance 19, 2008 by title. 30 b. Ordinance 19, 2008 — (2nd reading and adoption) Northlake Shell. An Ordinance of the 31 City Council of the City of Palm Beach Gardens, Florida adopting a small scale amendment 32 to its comprehensive development plan in accordance with the mandates set forth in Chapter 33 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, pursuant to 34 privately initiated application No. CPSS- 07 -12- 000002, which provides for an amendment to 35 the City's Future Land Use Map designating one (1) parcel of real property comprising 36 approximately (0.71 ±) acres, more or less, in size as "(C) Commercial "; such parcel of land is 37 located at the Southwest corner of the intersection of Northlake Boulevard and Military Trail, 38 informally known as the " Northlake Shell ", providing for compliance with all requirements of 39 Chapter 163, Florida Statutes; providing a conflicts clause, a severability clause and authority 40 to codify; providing an effective date; and for other purposes. 41 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin 42 closed the public hearing and brought Ordinance 19, 2008 back before the City Council. 43 Motion 44 Vice Mayor Levy made a motion for approval of the Ordinance 19, 2008 on second reading 45 and adoption. Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 46 The City Clerk read Ordinance 21, 2008 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 09.18.08 I c. Ordinance 21, 2008 — (2nd reading and adoption) Amending the Fiscal Year 2007/2008 2 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 3 amending the City of Palm Beach Gardens' Budget for the Fiscal Year beginning October 1, 4 2007, and ending September 30, 2008, inclusive; providing an effective date; and for other 5 purposes. 6 Mayor Jablin opened the public hearing. 7 Vice Mayor Levy asked Finance Administrator Owens the amount of money brought forward 8 from the last fiscal year's budget to the new fiscal year's budget. Finance Administrator 9 Owens stated approximately $4,000,000.00. 10 Mayor Jablin closed the public hearing and brought Ordinance 21, 2008 back to the City 11 Council. Councilmember Russo was not present to vote. 12 Motion 13 Vice Mayor Levy made a motion for approval of the Ordinance 21, 2008 on second reading 14 and adoption. Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 15 The City Clerk read Ordinance 26, 2008 by title. 16 d. Ordinance 26, 2008 — (2nd reading and adoption) Amending Fiscal Year 2007/2008 17 Budgeted Fund Balance Carryer. An Ordinance of the City Council of the City of Palm 18 Beach Gardens, Florida amending the Fiscal Year 2007/2008 budgeted fund balance 19 carryover to actual amounts per the Fiscal Year 2007 audit; providing a conflicts clause, a 20 severability clause and authority to codify; providing an effective date; and for other 21 purposes. 22 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin 23 closed the public hearing and brought Ordinance 26, 2008 back to the City Council. 24 Councilmember Russo was not present to vote. 25 Motion 26 Vice Mayor Levy made a motion for approval of Ordinance 26, 2008 on second reading and 27 adoption. Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 28 Councilmember Russo returned to the dais. 29 The City Clerk read Resolution 79, 2008 by title. 30 e. Resolution 79, 2008 — Renewal of our workers' compensation insurance policy. A 31 Resolution of the City Council of the City of Palm Beach Gardens, Florida renewing the 32 insurance policy for workers' compensation insurance from Preferred Governmental 33 Insurance Trust; authorizing the mayor to execute the contract; providing an effective date; 34 and for other purposes. 35 Finance Administrator Owens explained the renewal process and costs involved with the 36 workers' compensation policy renewal. 37 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin 38 closed the public hearing and brought Resolution 79, 2008 back to the City Council. 39 Motion 40 Vice Mayor Levy made a motion for approval of Resolution 79, 2008. Councilmember 41 Barnett seconded. The motion passed unanimously, 5 -0. 42 Part II — Ouasi- iudicial 43 The City Clerk read Ordinance 20, 2008 by title. 44 a. Ordinance 20, 2008 — (2nd reading and adoption) Divers Direct Expansion. An Ordinance 45 of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land 46 consisting of 1.37 acres, located on the Southwest corner of I -95 and Northlake Boulevard, as 47 described more particularly herein, from General Commercial (CG -1) zoning district to CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 09.18.08 I Planned Unit Development (PUD) overlay with an underlying zoning district of General 2 Commercial (CG -1) to be known as the Diver's Direct PUD and revising the City zoning 3 district map accordingly; providing a conflicts clause, a severability clause and authority to 4 codify; providing an effective date; and for other purposes. 5 Mayor Jablin requested ex parte communication. Mayor Jablin stated Mr. Sanchez contacted 6 him and they did have a brief conversation. 7 Mr. Sanchez stated that the petitioner has removed his request related to the condition 8 requiring the Interstate 95 maintenance and will be maintaining the area going forward. 9 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin 10 closed the public hearing and brought Ordinance 20, 2008 back to the City Council. 11 Motion 12 Vice Mayor Levy made a motion for approval of Ordinance 20, 2008 on second reading and 13 adoption. Councilmember Barnett seconded. The motion passed unanimously, 5 -0. 14 The City Clerk read Resolution 61, 2008 by title. 15 Resolution 61, 2008 is a companion item to Ordinance 20, 2008 and will require Council 16 action. 17 Resolution 61, 2008 — Divers Direct Expansion. A Resolution of the City Council of the City 18 of Palm Beach Gardens, Florida approving the Diver's Direct Planned Unit Development 19 (PUD) to allow for the 3,710- square -foot expansion to the existing retail building on a 1.37- 20 acre parcel, as described more particularly herein; providing waivers; providing conditions of 21 approval; and providing an effective date; and for other purposes. 22 Mayor Jablin opened the public hearing. Mayor Jablin 23 Mayor Jablin requested ex parte communication. Mayor Jablin stated Mr. Sanchez contacted 24 him and they did have a brief conversation. 25 Councilmember Premurso, Councilmember Russo, Vice Mayor Levy and Mayor Jablin stated 26 their objection to the Learn to Dive sign painted on the building. Growth Management 27 Administrator Kara Irwin stated Resolution 61, 2008 section 3, item 7, section 78 -229, table 28 5 -6, Permitted Signs, allows for two additional tenant signs and would be changed to one 29 additional tenant sign. 30 Motion 31 Vice Mayor Levy made a motion for approval of Resolution 61, 2008 with the change read 32 into the record by Growth Management Administrator Irwin. Councilmember Barnett 33 seconded. The motion passed unanimously, 5 -0. 34 The City Clerk read Ordinance 23, 2008 by title. 35 b. Ordinance 23, 2008 - (2nd reading and adoption) Northlake Boulevard Shell PUD. An 36 Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a 0.71- 37 acre, more or less, parcel of land located at the Southwest corner of the intersection of 38 Military Trail and Northlake Boulevard, more commonly known as the Northlake Shell 39 property and more particularly described herein, from the existing county zoning designation 40 of Commercial Neighborhood (CN) to the City's zoning designation of General Commercial 41 (CG -1) with a Planned Unit Development (PUD) overlay to be known as the Northlake 42 Boulevard Shell PUD; providing revisions to the zoning district map; providing a conflicts 43 clause, a severability clause and authority to codify; providing an effective date; and for other 44 purposes. 45 Mayor Jablin opened the public hearing. 46 Councilmember Russo abstained from the portions of the meeting covering Ordinance 23, 47 2008 and Resolution 67, 2008. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 0918.08 I No ex parte communication was declared. 2 With no one wishing to be heard, Mayor Jablin closed the public meeting and brought 3 Ordinance 23, 2008 back to the City Council. 4 Motion 5 Vice Mayor Levy made a motion for approval of Ordinance 23, 2008 on second reading and 6 adoption. Councilmember Barnett seconded. The motion passed unanimously, 4 -0. 7 The City Clerk read Resolution 67, 2008 by title. 8 Resolution 67, 2008 is a companion item to Ordinance 23, 2008 and will require Council 9 action. 10 Resolution 67, 2008 - Northlake Boulevard Shell PUD. A Resolution of the City Council of 11 the City of Palm Beach Gardens, Florida approving the Northlake Boulevard Shell's Planned 12 Unit Development (PUD) to allow for a 3,000- square foot service station building with twelve 13 (12) gasoline pumps on a 0.71 -acre parcel, as described more particularly herein; providing 14 waivers; providing conditions of approval; providing an effective date; and for other purposes. 15 Mayor Jablin opened the public hearing. 16 No ex parte communication was declared. 17 Vice Mayor Levy distinguished that there are three (3) tanks, six (6) gasoline pumps and 18 twelve (12) dispensers (also referred to as fueling stations) and that it is not a vacuum system. 19 With no one wishing to be heard, Mayor Jablin closed the public hearing and brought 20 Resolution 67, 2008 back to the City Council. 21 Motion 22 Vice Mayor Levy made a motion for approval of Resolution 67, 2008. Councilmember 23 Barnett seconded. The motion passed unanimously, 4 -0. 24 Councilmember Russo returned to the dais. 25 The City Clerk read Resolution 83, 2008 by title. 26 c. Resolution 83, 2008 — Site Plan Amendment. A Resolution of the City Council of the 27 City of Palm Beach Gardens, Florida approving a site plan amendment allowing exterior 28 modifications and signage to accommodate a restaurant located within Macy's Department 29 Store totaling approximately 2,208 square feet, located within the Regional Center 30 Development of Regional Impact (DRI), as more particularly described herein; providing 31 conditions of approval; providing waivers; providing an effective date; and for other purposes. 32 Mayor Jablin opened the public hearing. 33 Mayor Jablin declared a conversation with Tom Cairnes months ago. 34 Gary Ross, petitioner and Ryan Kranzer, architect, presented the proposed Figs restaurant 35 location, signage, trellis, landscaping and two waivers. The landscaping will be irrigated. Figs 36 restaurant is owned and operated by Macy's through its acquisition of the May Company. 37 Inside seating is 90 and outside seating is 32. 38 Mayor Jablin opened the public hearing. With no one wishing to speak, Mayor Jablin closed 39 the public hearing. Staff supports Resolution 83, 2008. 40 Motion 41 Vice Mayor Levy made a motion for approval of Resolution 83, 2008. Councilmember 42 Barnett seconded. The motion passed unanimously, 5 -0. 43 XI. RESOLUTIONS 44 The City Clerk read Resolution 81, 2008 by title. 45 a. Resolution 81, 2008 — Agreement with Valley Crest Landscaping_ A Resolution of the 46 City Council of the City of Palm Beach Gardens, Florida approving Addendum III to an 47 agreement with Valley Crest Landscaping, Inc. for landscape and irrigation maintenance CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 09.18.08 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 services related to the PGA Boulevard Flyover; providing an effective date; and for other purposes. Motion Vice Mayor Levy made a motion for approval of Resolution 81, 2008. Councilmember Barnett seconded. The motion passed unanimously, 5 -0. XII. ORDINANCES None. XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION Vice Mayor Levy suggested that staff look into the possibility of moving the Police and Fire Departments into the Florida Retirement System (FRS). Councilmember Barnett stated she disagreed because of employee retention and pension portability. Mayor Jablin and Vice Mayor Levy stated the request was for information regarding the possibility for future employees. Mayor Jablin discussed the request for the Let Us Vote presentation, to which the Councilmembers agreed. Vice Mayor Levy stated the League of Cities supports Let Us Vote. XIV. CITY ATTORNEY REPORT Interim Attorney Keith Davis did not have a report. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09.18.08 PAGE 8 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 XV. 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 8:42 p.m. The next regularly scheduled City Council meeting will be held October 2, 2008. APPROVED: ATTEST: '42Z=Z� Patricia Snider, CMC City Clerk Jody Barnett, Councilmember 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 09.18.08 PAGE 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I AN I %AMI I IR%,I% WI %IIDDI I %AMF NAME OF RD, ('OUNC II , COMMISSION, AU I II0RII Y. OR COMMITTEE (-SSc) 6,1�-- 1 �o CCO ��/ aUcJtiC M All IN(. %0DRI SS I HE HOARD, CO C IL COMMISSION. AU1 HORIii OR COMMIii'EE ON WHICH 1 SERVIrIS A UNIT OF ­,-If CI I COUNTY Y 111A1 ON wHl('� ( ,F�� FD o e CtiY O COUNTY O Ol HER LOCAL AGESCY NAME�incA1 SUBDIVISION t &/� ve J� MY POSITION IS: WHO MUST FILE FORM 88 ELECTIVE O APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing ,he re%erse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count >, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WiTHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 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 �Q hereby disclose that on / (a) A measure came or will come before my agency which (check one) inured to my special private gain-, or inured to the special gain of (fir` �L(a G "a1�- b whom 1 am retained. -- P 8 5 (b) The measure before my agency and the nature of my interest in the measure is as follows: ; 77r-5-. g Date Filed Signat NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND �IMAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 98 - 141 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1S1 NA \II IIR%1 NNV1 NI111111 NAME NAME Of- WARD .COUNCII. MMI %SIOA.AU11101411Y. Olt C'OM Mill UE 1+550 Vu G PW CGo - PaTJG! N -%II IM. NooRI x, 1 Hi- HOAR 1). CO Cit.. COMMISSION. Atll HORIiA OR COMMITTEE ON Sm .t-t v k- S � � /��. �WHICH cn'v NE O COUNTY I 00 01 HER LOCAL AGENCY Cl t Cot I)ATEON WHICHVOIF X-Cl RFt) 9 /, 014 NAME - PoLmCAI..-ueolvlsloN: MY POSITION IS: , WHO MUST FILE FORM 88 ELECTIVE O APPOINTIVE 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 lass when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing :he reserse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly itating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 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 recording1he minutes of the meeting. who should incorporate the form in the minutes. j- DISCLOSURE Of LOCAL OFFICER'S INTER ST hereby disclose that on �Q , (a) A measure came or will come before my agency which (check one) inured to my special private gain. or nured to the special gain of LL�O �'"s�''---�°�% ° "� , by whom t am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: D�4 /J I ,.I R-,-' Gt- / g za a 2 y ::57R i Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED B1 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 55,000. CE FORM 58 . 14t pwGE FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 \SI \A \fl \111)1)11 NAME NAME Of- WARD. COIINCII.0 MMI.SSI0h.AUIHORIIY.OR(*UMM111EE !/ 5 Ste' VO G / o C-G c7 1 �.rn.Ce C N 1� O L��' S 1 HE I BOARD. CO AU COMMISSION. Al1THURIIY OR COMMITTEE ON /7L /' � WHICH 1 SERV IS A UNIT OF CI11 O COUNTY O OTHER I.00AI_ AGE\CY CI IN 1Y NAME POI.ITICAI. SU DIVISION: 1 ATE ON wHl�'H VO)F WCURRFD MY POSITION IS. �f n ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing ;he re%ersc side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MIST :ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating. to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MIST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO `LAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 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 �ZooQ hereby disclose that on . 19 (a) A measure came or will come before my agency which (check one) inured to my special private gains, or inured to the special gain of JA - / ✓��� «o G `�-5�R car -�fo'� ®� /� /"�- . by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Z(4 L o77 Cm AA, � ` Ae�—t- c j .2,2 /2, L-/��/ Date Filed Stgna/te NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM so • im PAGE