HomeMy WebLinkAboutMinutes Council 111804CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 18, 2004
The November 18, 2004 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado, and
Councilmember Levy.
ELECTIONS:
Resolution 212, 2004 — Declaring the results of the municipal run -off election. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the
run -off election held on November 2, 2004; and providing for an effective date. Mayor
Jablin read Resolution 212, 2004 by title. Councilmember Delgado made a motion to
approve Resolution 212, 2004. Vice Mayor Russo seconded the motion, which carried by
unanimous 4 -0 vote.
Administer the Oath of Office — The City Clerk administered the oath of office to Hal
Valeche. Councilmember Valeche was seated at the dais, and thanked all his supporters,
pledging to be deserving of their faith placed in him.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Jablin announced addition to the Consent Agenda of Resolution 226, 2004 which the
City Council at their November 4, 2004 meeting had directed staff to prepare, in support of
changes to the election process of Northern Palm Beach Improvement District. Mayor Jablin
announced one modification: that the contract in item 0) Resolution 220, 2004 on the
consent agenda had been awarded to Affordable Sprinklers, Inc. in the amount of
$218,131.99, and the City Clerk had the contract prepared for signature. Councilmember
Delgado moved approval of the addition and modification to the agenda. Vice Mayor Russo
seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy announced he had attended the Duncan Middle School Veterans Dan
program, the Veterans Day concert at city hall, the PGA Coalition event, the Red, White &
Zen event, and the Vice Mayor's Golf Tournament. Councilmember Levy reported that
Councilmember Valeche was an accomplished runner and had placed first in the annual City
Place race event. Vice Mayor Russo reported he had attended the Veterans Day concert and
would like to see it upgraded next year. Councilmember Valeche agreed with Vice Mayor
Russo. Mayor Jablin announced he had attended the Northlake Boulevard Task Force and
reported the contract for phase one was ready to be re -bid, and a $500,000 county grant had
been awarded for phase two. Settlement had been reached with TyCon Construction with
regard to cancellation of the original contract. A special meeting of the task force would be
held to iron out details, on which Mayor Jablin would report to the City Council next month.
The Mayor announced an event November 23 at The Commons called Taste of the
Commons, which would be a fund raiser for the Big Heart Brigade. Volunteers to help with
the Big Heart Brigade this year were requested. Councilmember Delgado announced her
mother was recovering from colon cancer and thanked everyone for their concern.
Councilmember Delgado reported she had attended the PGA Corridor Association meeting
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04 2
and also the Public Works annual dinner, and thanked Mike Morrell and the other public
works employees for a fine job.
CITY MANAGER REPORT:
City Manager Ron Ferris reported regarding inquiries about screening of boats and RV's that
staff was considering allowing six months to allow boats and RV's to sit in driveways to
allow time for foliage to grow to screen these items. Talal Benothman of the Growth
Management Department reported the ORC report from Department of Community Affairs
on the Victoria Falls Comprehensive Plan amendment had been received with no objections,
and it would be presented to the Council for first reading on December 2, 2004.
COMMENTS FROM THE PUBLIC:
Jim Gallagher, 8599 Damascus Drive in Horseshoe Acres, expressed his opinion that
mosquito spraying should be done in Horseshoe Acres by public works even though it was a
gated community, and their board should not have to pay, and asked that this be considered.
James FitzGerald, 2696 Eagle Lake Drive, expressed concern about Central Boulevard being
torn up for the past 1 -1/2 years, and commented he did not see anything being done on the
roadway improvements, and requested help with getting the road fixed since it was a traffic
hazard. Mr. FitzGerald thanked all the City employees and elected officials for their great
job during the hurricanes. The City Manager reported Central Boulevard was a county road,
and the City would continue to try to get them to finish the road.
Lauren Furtado, 4318 Crestdale Street, congratulated Mr. Valeche, and commented she had
attended the Gardens United meeting and they wanted to know how to connect with the
residents to let them know the spiritual community was there to help in any way. They had
also wanted to help with Veterans Day, and suggested a web site linked to the City's
website. Eric Holt reported the City's policy was that they could only link to government
websites. Ms. Furtado explained Gardens United was established by the City and asked for a
way to contact residents. Staff indicated they would research this and contact Ms. Furtado.
Ms. Furtado requested the City be proactive by establishing an 11 p.m. juvenile curfew and
encourage the local TV stations to make public service announcements of not only parents,
do you know where your children are, but also children, do you know where your parents
are. Vice Mayor Russo commented El Paso had reapplied for their gas pipeline and
requested that be looked into.
Tim Frohling, 152 Euphrates Circle, welcomed Councilmember Valeche, and expressed
concern regarding Councilmember Delgado's vote at Treasure Coast Regional Planning
Council which was contrary to the City Council's vote. Mr. Frohling reported
Councilmember Delgado had said she had voted based on her survey of residents of The
Isles who had no problem with this or did not know about it; and reported The Isles Board of
Directors had conducted a survey of their residents which indicated they had not been
contacted regarding this issue and they did not want the railroad crossing. Mr. Frohling
asked that in future similar situations Councilmember Delgado step aside and let someone
else serve the people the way they deserved.
Lauren Furtado, 4318 Crestdale Street, expressed her support for linkages, but indicated that
the City could not give up three railroad crossings to get one in The Isles, which was why
she supported the City Council on this issue.
Carolyn Chaplik, 715 Hudson Bay Drive, member of The Isles Board of Directors, expressed
her concern that Councilmember Delgado had changed her vote regarding the railroad
crossing at the Treasure Coast Regional Planning Council, and reported she had obtained a
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04 3
transcript of that meeting to see what new information had been presented before the vote
took place. Ms. Chaplik stated regarding Councilmember Delgado's claim to have knocked
on 75 doors of residents in The Isles regarding this issue, she had been dismayed when the
Board of Directors conducted their survey to find that none of the residents had been
contacted. Ms. Chaplik asked if there were any other steps to be taken to remove this road
from the comprehensive plan. Charles Wu responded first and second readings must be held
to adopt the amendment, then it would go to DCA for a final vote. Ms. Chaplik requested
The Isles residents be notified of the public hearings.
Richard Burns, 1208 Ligurian Road, The Isles, asked how many people Councilmember
Delgado spoke to and stated he was opposed to a highway going through his development,
and indicated he would oppose Councilmember Delgado's re- election. Vice Mayor Russo
reassured The Isles residents that he was confident this amendment would be adopted.
John Millenson, 1200 Ligurian Road, The Isles, expressed his concern regarding this issue,
reported everyone in The Isles cared about their property, and expressed hope the Council
would make this a non -issue in the future so that the road would never go through.
Councilmember Delgado explained she was appointed by the county to the Treasure Coast
Regional Planning Council and reported at their meeting she had said when she had walked
through the neighborhood 75% of the people had not mentioned this issue, and that she had
not asked them the question about the road. Councilmember Delgado read aloud a letter from
Treasure Coast Regional Planning Council, indicated there were 20 other members who
voted and she stated she could not have changed anyone's position; that no one had said
anything about adding another road; and she would continue to support the City Council's
position on this issue.
CONSENT AGENDA:
Councilmember Levy requested item (g) be pulled from the consent agenda. Vice Mayor
Russo moved approval of the consent agenda without item (g). Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote. The following items were
therefore approved on the consent agenda:
a. Approve Minutes from the October 7, 2004 regular City Council meeting.
b. Approve Minutes from the October 21, 2004 regular City Council meeting.
C. Resolution 205, 2004 — Seacoast Wastewater treatment plant plat. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the Seacoast
Utility Authority PGA Wastewater Treatment Plant Plat; and providing an effective
date.
d. Resolution 211, 2004 - An agreement with the Florida Department of Environmental
Protection for grant funding in the amount of $200,000 through the Land and Water
Conservation Fund Program (LWCF) grant. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving a project agreement with the Florida
Department of Environmental Protection for the development of the Thompson River
Linear Park; and providing an effective date.
e. Resolution 213, 2004 - FDOT Occupant Protection Project Grant Award. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
the purchase of a variable message board for the Police Department through a grant
from the Florida Department of Transportation safety office's occupant protection
program; and providing an effective date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04 4
f. Resolution 214, 2004 - Renewal of School Crossing Guard Contract. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor
and City Clerk to execute Addendum II to the agreement with Staffing Connection
and Action Labor for School Crossing Guard services; and providing an effective
date.
h. Resolution 218, 2004 - Disaster relief funding agreement for Hurricane Frances
declaration FEMA - 1545- DR -FL. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the disaster relief funding agreement with
the State of Florida, Department of Community Affairs; and providing an effective
date.
i. Resolution 219, 2004 — Appointing members to the Economic Development
Advisory Board. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida appointing one (1) regular member and one (1) alternate member to
the Economic Development Advisory Board; and providing an effective date.
j. Resolution 220, 2004 — Approve a contract for landscape and irrigation services
related to the MacArthur Boulevard Beautification Project No 2002 -020. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding
a contract to (TBD) for landscaping and irrigation improvements related to City
Project number 2002 -020 / MacArthur Boulevard Beautification; and providing an
effective date.
Item (g) which was pulled from the consent agenda: Resolution 215, 2004 - Contract to
Ardaman & Associates, Inc. for consulting services associated with the Gardens Park
remediation project. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida awarding a piggyback contract to Ardaman & Associates, Inc. for consulting services
associated with Year No. 4 of the Gardens Park remediation project; and providing an
effective date. Councilmember Levy indicated he had a conflict of interest due to his
relationship with Ardaman & Associates, Inc. The City Attorney agreed. Vice Mayor Russo
made a motion to approve Resolution 215, 2004. Councilmember Delgado seconded the
motion, which carried by unanimous 4 -0 vote with Councilmember Levy abstaining.
PUBLIC HEARINGS:
Part I — Quasi - Judicial - Mayor Jablin announced the quasi judicial cases to be considered
and reviewed the quasi judicial procedures to be followed. The City Clerk swore in all those
who intended to testify in these cases.
Resolution 207, 2004 - Conditional Use Approval to allow for a satellite university to locate
within the Fairway Office Center. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a conditional use allowing a satellite university to locate
within the Fairway Office Center, which is included in the PGA National Planned
Community Development (PCD), generally located at the Southwest intersection of Fairway
Drive and PGA Boulevard, as more particularly described herein; and providing an effective
date. The City Clerk read Resolution 207, 2004 by title. During disclosure of ex -parte
communication, Councilmember Delgado reported she had reviewed this project with staff.
Each of the other members reported they had had no ex -parte communications. Planner
Autumn Sorrow presented the project. Mayor Jablin declared the public hearing open.
Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to approve Resolution 207, 2004. The motion was
seconded, which carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04
Resolution 208, 2004 — Site plan for parcels 17 of the Mirasol Planned Community
Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a site plan for parcel 17 of the Mirasol Planned Community Development (PCD)
to allow construction of 31 single- family custom homes on an approximately 9 -acre parcel;
providing for conditions of approval; providing for waivers; and providing an effective date.
The City Clerk read Resolution 208, 2004 and Resolution 209, 2004 by title.
Resolution 209, 2004 — Site plan for parcel 25 of the Mirasol Planned Community
Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a site plan for parcel 25 of the Mirasol Planned Community Development (PCD)
to allow construction of 56 single - family custom homes on an approximately 22 -acre parcel;
providing for conditions of approval; providing for waivers; and providing an effective date.
During disclosure of ex -parte communication, Councilmember Delgado reported she had
reviewed both Resolution 208, 2004 and 209, 2004 with staff. Vice Mayor Russo
commented he called Mirasol and learned Mr. Sabatello was not a builder in these parcels.
The other members of the Council reported no ex -parte communications. Senior Planner
Brad Wiseman presented the project. Anne Booth, Urban Design Studio, spoke on behalf of
the petitioner. Mayor Jablin declared the public hearing open for Resolution 208, 2004.
Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to approve Resolution 208, 2004 with condition
number 2 amended to read as the rest of the Mirasol communities. Vice Mayor Russo
seconded the motion, and recommended looking at the rest of the parcels yet to be approved
regarding the clear zone. Motion carried by unanimous 5 -0 vote. Councilmember Levy made
a motion to approve Resolution 209, 2004 with condition number 2 amended to read as the
rest of the Mirasol communities. Vice Mayor Russo seconded the motion. Motion carried by
unanimous 5 -0 vote.
Resolution 210, 2004 — Donald Ross Village PUD amendment. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment for the
development of a 93 -room hotel, 18,387 square feet of medical office, 13,500 square feet of
retail, and a 20,000 square -foot fitness center on Phase II of the development plans for the
Donald Ross Village Planned Unit Development (PUD), generally bounded by Donald Ross
Road to the North, Central Boulevard to the West, and Military Trail to the East, as more
particularly described herein; providing for additional waivers; providing for additional
conditions of approval; and providing an effective date. The City Clerk read Resolution 210,
2004 by title only. Mayor Jablin declared the public hearing open. Councilmember Delgado
reported she had met with staff and had spoken with the petitioner. Vice Mayor Russo and
Mayor Jablin both stated they had seen the petitioner the previous evening at the PGA
Corridor meeting but had not discussed this petition. The other members of the council
reported they had no ex -parte communication to report. Senior Planner Kara Irwin presented
the project. Mayor Jablin declared the public hearing open. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Delgado moved
approval of Resolution 210, 2004. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote.
Ordinance 43, 2004 - (ls` reading) - An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to rezoning; rezoning a parcel of land consisting of 7.60
acres, more or less, located South of parcel 5b, immediately North of the NorthCorp PCD,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04 6
East of RCA Boulevard, and West of the FEC Railway, as described more particularly
herein, from a Research and Light Industrial Park (MI) zoning designation to a Mixed -Use
Planned Unit Development (MXD /PUD) overlay with an underlying zoning of Mixed -Use
(MXD), to be known as Gardens Station; revising the zoning district map; and providing an
effective date. The City Clerk read Ordinance 43, 2004 on first reading by title only. Mayor
Jablin declared the public hearing open. During disclosure of ex -parte communication,
Councilmember Delgado reported she had reviewed this petition with staff and had spoken
with the petitioner. Councilmember Levy reported he had spoken to two people with the
Marriott. Mayor Jablin reported he had spoken with the petitioner. Planner Autumn Sorrow
presented the project. Donaldson Hearing spoke on behalf of the applicant. Consensus was
the second floor had to go in, consistency was desired for the median, and the east
connection was better. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Delgado moved to place Ordinance 43, 2004 on first
reading by title only. Vice Mayor Russo seconded the motion, which carried by unanimous
5 -0 vote.
Part II — Non Quasi - Judicial
Ordinance 19, 2004 — Amendments to expedite the review process for routine site plans.
(2nd reading and adoption), An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to administrative approvals; amending Section 78 -48, Code of
Ordinances entitled "Site Plan Review "; amending Section 78 -49, Code of Ordinances
entitled "Amendments to Approved Development Orders "; providing for Codification; and
providing an effective date. The City Clerk read Ordinance 19, 2004 by title only on second
reading. Planner Autumn Sorrow presented the amendment. Councilmember Delgado moved
to approve Ordinance 19, 2004 on second reading by title only. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Council discussion regarding council member communication and how each member
represents him/her self — as an individual, on behalf of council or a voting member of
another board. Vice Mayor Russo requested an open discussion regarding each person's job,
and stated that each member had the same amount of power, no one had more power than
any other, and at all times when each member was representing the city they were
representing the majority of the City Council, so if the City Council had not taken a position
on something a member should not take a position on it. Going forward the City Council
needed to be on one page. Vice Mayor Russo commented he had been on the League of
Cities and had to take positions that they were not in favor of, but he had to represent the
City Council's position. Vice Mayor Russo indicated the Council needed to move forward
rather than discussing past actions, and commented the Council needed to understand this
was a strong City Manager form of government and the members should not call the
Manager to tell him to do anything differently than the Council had decided. Vice Mayor
Russo expressed his opinion that no member of the City Council should be sending any
letters making representations that were not the approval of the City Council.
Councilmember Delgado agreed the Council should move forward in order to function as a
united Council on all issues since there had been new policies established by the League of
Cities, which were included in the packets. Councilmember Delgado commented about
letters that came from this Council, that unless this Council had given direction at a Council
meeting, there should be no letters going out that did not reflect the total agreement of the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04
Council. Councilmember Delgado stated with the League of Cities the appointees to that
council were appointed by the Florida League of Cities, and the Palm Beach County League
of Cities appointed members to the Treasure Coast Regional Planning Council, and the City
had nothing to do with those appointments. Councilmember Delgado reported at the last
board meeting of the League of Cities, at which she was not present, a policy was set up
whereby a city could go to them and make a presentation and ask for the League's support.
Vice Mayor Russo indicated Councilmember Delgado's first duty was to the residents and a
lot of people were not happy and felt betrayed. Councilmember Levy asked if
Councilmember Delgado would be on the Treasure Coast Council if she were not on the City
Council, to which Councilmember Delgado responded she could be. Councilmember Levy
expressed his opinion that Councilmember Delgado was beholden to vote the City Council's
position. Councilmember Levy asked for clarification of whether if the vote were taken
tonight, if Councilmember Delgado would vote the same as the original vote taken at this
Council. Councilmember Delgado commented she had provided the new policy and there
was nothing she had been able to do to change 20 other people's votes. Vice Mayor Russo
commented she had been placed in a tough position, and in the future members should
represent the City Council except when they understood differently, and he also thought she
might be correct that she was representing the League at Treasure Coast, but his number one
representation was the residents. Mayor Jablin asked if the League had taken a position on
this issue, to which Councilmember Delgado responded they had not, and she had read a
sentence explaining that, and stated she had voted on the information Jeff Koons brought
forward. Mayor Jablin clarified that Councilmember Delgado had made her statement after
Commissioner Newell spoke and before she had heard Commissioner Koons.
Councilmember Delgado indicated the issues had been addressed, and commented there had
been confusion regarding the Brigger Tract, and no direction had been given to the Mayor by
the Council to provide a report, and the Sunshine Law had been violated. Vice Mayor Russo
commented the City Attorney had been there and he did not believe she would have allowed
violation of the Sunshine Law. City Attorney Tatum stated she was present and there had
been no violation of the Sunshine Law, and she could not sit and listen to Councilmember
Delgado state that there was; that when the Council had been in California they had stated
that they would not talk about it and that had been the end of the discussion. Councilmember
Levy stated he was going to change direction, noted there were resolutions in front of the
Loxahatchee River Board dealing with Scripps property and the appropriate site, and in front
of that council was a resolution stating we did not want Scripps on that property, which he
had voted against because he thought this City Council had made it clear they would not
support that in previous discussions, and he thought when any member was sitting in public
they were always representing the City and he could not vote representing himself. Mayor
Jablin commented you could be representing yourself before a board to testify as long as you
acknowledged it, but if you sat on a board and were voting on a board you should be
representing the people that you represented and not your own thoughts; if a vote had been
taken previously then you should support it all the way, 100 %. Councilmember Levy agreed,
and stated if Councilmember Delgado had changed her mind she should have stated that at
Treasure Coast. Vice Mayor Russo clarified that Councilmember Delgado had felt she was
there representing the League and with the facts presented to her at that time she decided
what her vote should be. Councilmember Delgado asked to move on, and Mayor Jablin
asked what was going to be done going forward. Vice Mayor Russo responded if a person
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04 8
was representing the City they would represent the City; if they were on a board representing
someone else they would do what they felt they should do. Councilmember Delgado stated,
especially when it was a policy. Vice Mayor Russo stated as a City Councilman he had no
problem with what Councilmember Delgado did, she felt she was representing the League,
but if he were a resident of The Isles he would be as crazy as the gentleman who sat in the
front row. Mayor Jablin read from the letter from the League setting a policy, and stated in
the future the City Council should let the League know if they had taken a specific vote on
an issue so that the League could advise the board that City Councilmember was voting on.
and that member then would have no ability to vote any other way. Councilmember Delgado
agreed. Vice Mayor Russo commented with all due respect, it did not matter what the other
members of the Council thought, Councilmember Delgado had to account to the people she
worked for, the residents, and he thought the Councilmembers should always support the
policy of the City Council and the residents, and not be placed in such a position.
Councilmember Delgado stated because of the new policy that was passed, they would not
be. Vice Mayor Russo stated Councilmembers needed to understand they should always go
through the City Manager unless it was a black and white question. City Manager Ferris
requested clarification that when the City Council was talking about someone representing
the City Council's policy and position, what constituted policy and position if it had not been
addressed by the Council and a member was faced with the responsibility wherever they
might be, what was the policy in that event. The City Manager asked if in such a case the
member could abstain and state their Council had not taken a position on that issue so if
brought to a vote today they could only vote one person's opinion and not the City Council's
policy on that. Then that member should inform the Manager and then the Council of what
they had done. The City Manager commented each member as well as himself got calls from
the press regarding what they thought about items; oftentimes a position had not been taken
by the Council. If a vote had not been taken, the Councilmember might respond that the
Council had not voted on that issue yet but speaking as one person they could state their
opinion, and that was another issue. Mayor Jablin commented one could state their personal
opinion was such and such, and he always did that when speaking to the press, and was very
careful regarding stating his own opinions and the Council's opinions. Vice Mayor Russo
stated he believed going forward when the City had a controversial issue before Treasure
Coast Regional Planning Council he believed a member of the City Council should be
present; staff was present and Councilmember Delgado was there but she was representing
somebody else. Councilmember Delgado stated because of the new policy in place that issue
would never happen again. City Manager Ferris asked for clarification from the City Council
that once they took a position and a vote on something that went to Treasure Coast and one
of the City Council members was on the board at Treasure Coast, that member was then
obligated by this Council's policy to vote for that regardless of whatever information may be
provided. Councilmember Delgado stated the City Council did not have that policy. Vice
Mayor Russo stated he agreed with that policy, and if any board that the City was on did not
want the City to have that policy then they should not be on that board. Mayor Jablin agreed.
Councilmember Valeche commented they should distinguish between an official act, like a
vote, and an opinion, and stated one should be free to state an opinion, but that was quite
different than an official action, like a vote on a board. Mayor Jablin stated he would like to
adopt now and into the future a policy that if a vote was taken at City Council, that vote
should be mirrored somewhere else. City Manager Ferris stated so there was no
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/18/04
misunderstanding, there were items coming up at the next Treasure Coast Regional Planning
Council tomorrow and there was an annexation issue. Timing of receipt of the Treasure
Coast agenda was discussed. Councilmember Delgado indicated she was calling the City
Manager prior to the Treasure Coast meetings regarding agenda items. Charles Wu stated
every vote by Council would go to Treasure Coast. Everyone expressed satisfaction with the
clarified policy.
CITY ATTORNEY REPORT:
There was no report by the City Attorney.
ADJOURNMENT:
There being no further business
APPROVAL:
ATTEST:
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PATRICIA SNIDER
CITY CLERK
COUNCILMEMBER LEVY
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C CILMEMBER VALECHE
3 p.m.
FORM 813
MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR C MMITTEE ON
WHICH I SERVE IS A UNIT OF:
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DATE ON WHICH VOTE 9CCURRED
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SELECTIVE ❑ 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. 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:
• 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.
n�
-I j / DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, D G 0 I u v hereby disclose that on `y O VC7 J" et— , 20
(a) A measure came or will come before my agency which (check one)
X 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.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
//,y /a
Date Filed
Signature
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