HomeMy WebLinkAboutMinutes Council 101807I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 October 18, 2007
5
6 The October 18, 2007 Regular Meeting of the City Council of the City of Palm
7 Beach Gardens, Florida, was called to order at 7:03 p.m. in the Council Chambers of the
8 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida,
9 by Mayor Joseph Russo.
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
13 in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric
14 Jablin, Council Member Hal Valeche, and Council Member Jody Barnett.
15 HL ADDITIONS, DELETIONS, MODIFICATIONS
16 Additions
17 • The Jupiter Economic Development Advisory Board — The Town of Jupiter
18 would like to remain a source of seed funding for the life science business there.
19 An Ad Hoc Committee is being formed to assist the Town Council with finalizing
20 policy. They have asked that all applications for people willing to serve on the
21 Board be submitted to their office. Discussion will be at the meeting.
22 Deletions
23 • Quasi judicial hearing for the Chase Bank Building — Applicant has requested
24 postponement until November 15, 2007. A copy of the letter has been posted.
25 MOTION
26 Council Member Jablin made a motion to accept the additions and deletions as
27 read by the Mayor. Seconded by Vice Mayor Levy. Motion carried by unanimous 5 -0
28 vote.
29 VI. ANNOUNCEMENTS AND PRESENTATIONS
30 None.
31 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
32 REPORTS
33 Council Member Barnett stated that last week was Fire Prevention Week. Our
34 Fire Department, with support from our Police Department, held an event at Evergrene.
35 Our emergency services vehicles were on display and a fire drill was held, which
36 included teaching safety methods in the event of a fire. There was strong community
37 support for the event with hundreds of citizens attending. Council Member Barnett
38 expressed her thanks to all who participated.
39 Vice Mayor Levy stated that Dwyer High School held its homecoming parade
40 today. Dwyer High School will play Boynton Beach High School tomorrow. Palm Beach
41 Gardens High School's homecoming parade is next Friday with the football game in the
42 evening. The homecoming dance will be held Saturday. Vice Mayor Levy attended the
43 Parks and Recreation Advisory Board meeting on October 15, 2007. They discussed the
44 Drowning Prevention —Learn To Swim Program, which is on the Council's Consent
45 Agenda this evening. Also discussed was the Veterans Plaza, which is presently under
46 construction. This project was supported by Council Members Valache and Jablin. It is
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page
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I coming along well and will be a beautiful location to hold events. Forms to be filled out
2 for volunteering, and brochures with information about the Big Heart Brigade, are on the
3 table. The program provides Thanksgiving dinners for the needy in our area. The
4 proceeds from The Taste of the Palm Beaches, being held Wednesday, November 14,
5 2007, at the PGA Commons supports the work of the Big Heart Brigade.
6 Council Member Valeche stated that he is very pleased to see the progress on the
7 Veterans Plaza. He cited the Palm Beach Post article that gave details on the project.
8 Council Member Valeche stated that the Veterans Plaza went from concept to a
9 completed project with an excellent outcome in just five months. He expressed his thanks
10 to the dedicated staff, which has made this possible. He urged everyone to encourage
11 their neighbors to come to the November 11, 2007 dedication.
12 Mayor Joseph Russo encouraged participation and support of the Veterans Day
13 Golf Tournament. He attended a Bioscience Land Protection Advisory Board meeting on
14 October 18, 2007. Scripps building is ahead of schedule. An agreement has been reached
15 on the Briger parcel and will be discussed at the next County Commission meeting on
16 November 6, 2007. Another bioscience company is interested in moving to the area,
17 which would increase the tax base. Max Planck now has 17 Nobel Prize winners. The
18 PGA Corridor Group meeting had to be rescheduled to a future date.
19 Council Member Jablin stated that the Veterans Plaza project did not come from
20 taxpayer money. It was financed through a developer impact fee that was deposited into a
21 fund. He expressed his thanks to the Parks and Recreation Department and all involved
22 with the Green Market, which he considered a great success. The Children's Triathlon
23 event was a tremendous success and will probably become an annual event. He also
24 encouraged everyone to attend Midtown's Art in the Gardens event.
25 VL CITY MANAGER REPORT
26 None.
27 VII. COMMENTS FROM THE PUBLIC
28 Suzanne Archer, 3187 Gardens East Drive, Sandalwood, Palm Beach Gardens,
29 stated that her written and e-mail requests for public records have gone unanswered,
30 specifically Executive Order 03 -2004. City Manager Ron Ferris introduced Todd Engle,
31 Construction Services Director. Todd Engle stated that he was in receipt of Ms. Archer's
32 request and was in the process of gathering the requested data, which he expected to have
33 available the following day, Friday, October 19, 2007. An emergency meeting was held
34 in regard to disasters after which Ron Ferris, City Manager, issued the Executive Order.
35 Explanation was offered that the reason for the Executive Order was to expedite the
36 process of emergency building repairs following the hurricanes.
37 Eileen Tucker, Shady Lakes, read a statement from Paul Auerback, president of
38 the PGA Coalition. Ms. Tucker then made a statement regarding, what she believed to be,
39 Council Member Jablin's unbecoming behavior.
40 VIII. CONSENT AGENDA
41 a. Resolution 119 2007 — Interlocal Agreement with Palm Beach County. A
42 Resolution of the City Council of the City of Palm Beach Gardens, Florida
43 approving an Interlocal Agreement with Palm Beach County to provide swim
44 lessons as part of the Drowning Prevention Coalition's Learn to Swim Program;
45 and providing an effective date.
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b. Resolution 122, 2007 - Interlocal Agreement with the Village of North Palm
Beach. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing the Mayor and City Clerk to execute an Interlocal Agreement
with the Village of North Palm Beach for building services; and providing an
effective date.
c. Resolution 123, 2007 — Memorandum of Understanding, A Resolution of the City
Council of the City of Palm Beach Gardens, Florida declaring the intent of the
City to allow Voluntary Employee Beneficiary Association (VEBA) fund or funds
for all City employees; approving and ratifying such Addenda, Memoranda of
Understanding, or other Agreements necessary to establish an interim escrow
account for potential VEBA funding for employee contributions; and providing an
effective date.
d. Proclamation — Make a Difference Day.
e. Proclamation — Florida City Government Week.
Council Member Valeche asked to discuss language in Resolution 123. Chair
entertained a motion on consent, absent Resolution 123.
MOTION
Motion made by Council Member Eric Jablin, seconded by Vice Mayor Levy and
carried by a unanimous 5-0 vote.
Resolution 123, 2007 — Memorandum of Understanding, A Resolution of the City
Council of the City of Palm Beach Gardens, Florida declaring the intent of the
City to allow Voluntary Employee Beneficiary Association (VEBA) fund or funds
for all City employees; approving and ratifying such Addenda, Memoranda of
Understanding, or other Agreements necessary to establish an interim escrow
account for potential Voluntary Employee Beneficiary Association VEBA
funding for employee contributions; and providing an effective date.
Language should read: "1 percent of the 6 percent (0.06 percent) salary increase
should be put into the VEBA" Clarification was acknowledged. Chair entertained a
motion on Resolution 123, 2007.
MOTION
Motion made by Council Member Eric Jablin, seconded by Vice Mayor Levy and
carried by a unanimous 5-0 vote.
IX. PUBLIC HEARINGS
Part I — Non- Ouasi-iudicial — Mayor Russo announced the procedures that would be
followed in tonight's quasi-judicial proceedings. The City Clerk swore in all persons
preparing to give testimony at this meeting.
a. Ordinance 24,, 2007 — (I st reading) Amending Chart of Permitted Uses.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
related to permitted uses in the Commercial General (CGI) Zoning District;
amending section 78 -159, code of ordinances, entitled Permitted Uses, Minor,
and Major Conditional Uses, and Prohibited Uses to allow ancillary boat,
watercraft, and all- terrain vehicle sales as a major conditional use; providing for
codification; and providing an effective date.
Mayor Russo opened the public hearing and stated that this is a text
amendment. There have been no ex pane communications. Mr. Donaldson
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10.18.07
I Hearing, Cotleur & Hearing, introduced himself as representing the petitioner,
2 Oppidan Investment Company. The request is related to Ordinance 32, 2007
3 Gander Mountain PUD and Resolution 118, 2007 Miscellaneous Petition. The
4 request is to provide specifically for ancillary sales of small watercraft and all -
5 terrain vehicles. It would require them to be within indoor air conditioned space
6 and be limited to no more than 25 percent of floor space. Only prep work would
7 be allowed on premises, no repairs. Mayor Russo declared the public hearing
8 open.
9 Dr. Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens,
10 requested clarification on a dimension stated by Mr. Hearing.
11 There being no further comments from the public Mayor Russo declared
12 the public hearing closed.
13 MOTION
14 Motion made by Council Member Jablin that Ordinance 24, 2007 be
15 placed on first reading. Seconded by Vice Mayor Levy. Motion carried by
16 unanimous 5-0 vote.
17 b. Ordinance 29. 2007 — (2nd reading and adoption) PGA Boulevard
18 Corridor Overlay. An Ordinance of the City Council of the City of Palm Beach
19 Gardens, Florida amending Section 78 -221, Code of Ordinances, entitled PGA
20 Boulevard Corridor Overlay to clarify which uses are prohibited within the
21 overlay; providing for codification; and providing an effective date.
22 Mayor Russo opened the floor to public hearing. Kara Irwin, Growth
23 Management Administrator, stated there had been no changes between the 1 st and
24 2nd reading for this ordinance. There have been no ex parte communications.
25 Mayor Russo declared the public hearing open. With no one wishing to be heard,
26 he closed the public hearing.
27 MOTION
28 Council Member Jablin moved that Ordinance 29, 2007 be placed on 2nd
29 reading and adopted. Seconded by Vice Mayor Levy. Motion carried by
30 unanimous 5-0 vote.
31 Part H — Quasi - iudicial
32 a. Ordinance 30, 2007 — (1 st reading) Gander Mountain PUD. An Ordinance
33 of the City Council of the City of Palm Beach Gardens, Florida relating to
34 rezoning; rezoning a parcel of land consisting of 13.18 acres, located on the West
35 side of Sandtree Drive, immediately South of the Northlake Commons/Home
36 Depot shopping center and immediately North of the Sandtree residential
37 development and Sandtree office development, as described more particularly
38 herein, from Commercial General (CG -1) to Planned Unit Development (PUD)
39 overlay with an underlying zoning of commercial General (CG -1) to be known as
40 the Gander Mountain PUD; amending the zoning district map; providing an
41 effective date.
42 Mayor Russo opened the public hearing and requested any ex parte
43 communications. Council Member Barnett stated her communication with the
44 applicant was regarding sign waivers. Vice Mayor Levy stated that he met with
45 the applicant and discussed green buildings, sign waivers, traffic flow locations,
46 loading docks and exotic tree removal. Council Member Valeche stated that he
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10.18.07
I met several times with the applicant to discuss the project concept, sign waivers,
2 landscaping issues and Sandtree Professional Plaza. issues. Council Member
3 Jablin stated that he met twice with the applicant and once with homeowners.
4 Mayor Russo cited two meetings where impact to neighborhoods, relationship
5 with neighbors and signs were discussed. Donaldson Hearing, Cotleur & Hearing,
6 stated that he was representing the applicant. He gave a general description of the
7 property and access, stating that the Sandtree residential development would now
8 have its own access. Gander Mountain is a high -end sporting goods retailer. The
9 store will be about 120,000 square feet. All of the parking will be in front of the
10 building so it will not interfere with the residential area. The loading area is
11 located to the North so it is in the least conspicuous area. An 8 -foot buffer wall
12 and landscaping are proposed. The lake will be aerated and the aesthetics
13 improved. The Sandtree Office Plaza requested to have their name on the Gander
14 Mountain monument sign. The applicant is requesting a 2 -foot height waiver so
15 the request can be accommodated. A waiver is also requested for directional
16 signage from one to four to provide easier access to the Sandtree Office Plaza.
17 Landscaping design was presented. The applicant and Sandtree residents have
18 agreed to the following: 1) construct a buffer wall before the first vertical building
19 permit, 2) increase the height of the wall from 6 feet to 8 feet, 3) moved the
20 location of the wall and 4) agreed to wildlife preservation and sought the
21 assistance of the Busch Wildlife Sanctuary. A sign will be provided that says
22 Sandtree Residential Community. The assistance of Planning, Zoning and
23 Appeals was sought from the beginning. It will be the City's first green building
24 with a silver Leaders in Energy and Environmental Design (LEED) certification.
25 The requested signage was explained. A second FedEx/[JPS stop is proposed.
26 Kara Irwin, Growth Management Administrator, stated the Planning,
27 Zoning and Appeals Board held a public workshop on June 26, 2007. On
28 September 11, 2007 a public hearing was held. The Gander Mountain PUD was
29 approved by a unanimous vote of 7-0. Two waivers were approved. The second
30 delivery area was not approved. The signage approval includes the sign on the
31 North elevation at 6 -foot height and the sign on the West Interstate 95 elevation.
32 Code does not permit tag line signage and this request will not be supported. The
33 brand name signage is also not supported by staff. Waivers that staff supports
34 include: intersection distance separation, direction signage, larger monument sign,
35 and 60-day grace period to obtain plat. The applicant has worked well with the
36 Sandtree community residents by providing traffic calming and neighborhood
37 identification and enhancements. Mayor Russo opened the floor to public
38 comments.
39 John Mehalko, 826 Sandtree Drive, Palm Beach Gardens, president of the
40 Sandtree Homeowners Association, spoke in favor of the Gander Mountain PUD.
41 He stated that the applicant has been very helpful with the signage and closing the
42 road. His community had a vote with 80- percent approval.
43 Lauren Fountain, 506 Sandtree Drive, Palm Beach Gardens, expressed her
44 approval of working with Joe Ryan and Don Hearing. She asked who will be
45 responsible for putting the barrier in place. Kara Irwin stated that there will be a
46 locked gate with access for emergency services only. She also expressed her
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I concern about the wildlife preservation program. Donaldson Hearing, Cotleur &
2 Hearing, stated that Busch Wildlife will contact her tomorrow about her concerns.
3 Mayor Russo stated that if Ms. Fountain had further inquiries a separate meeting
4 would be set up.
5 Virginia McDaniel, 806 Sandtree Drive, Palm Beach Gardens, requested
6 explanation on the additional turn lane. Donaldson Hearing showed a slide and
7 offered clarification on the additional turn lane request. He addressed staff's
8 concern for possible U -turns by stating the area is not large enough to
9 accommodate the wheelbase of the trucks.
10 Joan Elias, 1009 Diamond Head Road, Palm Beach Gardens, stated that
I I she has been to a Gander Mountain store and it was a very impressive retail
12 operation. It was very clean. The staff was well trained.
13 With no further comments Mayor Russo closed the public hearing.
14 Council Member Valeche cited the diversity of business and economic support
15 that Gander Mountain will bring to Palm Beach Gardens. He complimented the
16 applicant on their willingness to work with residents and staff. He wants to see the
17 venture succeed and agrees with the request for signage. Vice Mayor Levy did not
18 agree with the Tracker sign or the tag line sign, but does agree with the sign on
19 the South face. He agrees with the larger signs because of the location. He also
20 believes that the visibility from Interstate 95 is very important. He complimented
21 the applicant on the green energy - efficient design of the building. Vice Mayor
22 Levy agreed with the second loading zone as proposed by the petitioner. Council
23 Member Barnett agreed with the second loading zone citing safety. She agreed
24 that the applicant has worked well with Sandtree residents and the Sandtree Office
25 Plaza and deserves consideration of the signage requests. She stated that the
26 monument sign is beautiful and will be a benefit to the Sandtree Office Plaza. She
27 believed that the tag line signs should be limited and that the Tracker sign on the
28 corner of the building is acceptable. Council Member Jablin agreed with the
29 secondary loading area. He agreed with the request for the 8 -foot sign, but not the
30 request for the Tracker sign. Mayor Russo stated that Gander Mountain is as
31 exciting a project as Legacy Place. He believes they have enhanced the residential
32 and commercial property. He stated that he does not agree with the tag line signs
33 or the Tracker sign. Mayor Russo went on to explain that this is the second time
34 that there have been major issues with signage code that staff is trying to enforce.
35 He believes that a review of the sign code may be necessary. Council Member
36 Barnett spoke in favor of the Tracker sign, which faces the parking lot and is
37 unique to Gander Mountain. She asked that it be given further consideration.
38 Council Member Valeche pointed that a waiver is not a violation of the law. He
39 requested a rendering of the Tracker sign from Donaldson Hearing. Council
40 Member Barnett requested that the sign code be brought up at a Town Hall
41 meeting.
42 MOTION
43 Council Member Jablin made a motion to place Ordinance 30, 2007 on
44 first reading by title only, seconded by Vice Mayor Levy and carried unanimously
45 by a 5-0 vote.
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b. Resolution 118 2007 — Miscellaneous Petition. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a miscellaneous
petition to allow for the clearing of exotic vegetation, relocation of existing native
palms to City property, prior to obtaining final site plan approval of the proposed
Gander Mountain PUD, to be located on a 13.18 -acre parcel, as described more
particularly herein; providing for conditions, and providing an effective date.
Mayor Russo opened the public hearing and requested any ex parte
communications. Council Member Barnett said she had no ex parte
communication. Vice Mayor Levy, Council Member Jablin, Council Member
Valeche and Mayor Russo stated that they did have ex parte communication on
this subject. Donaldson Hearing, Cotleur & Hearing, is making this request on
behalf of the applicant as a benefit to the neighborhood to allow them to proceed
with some clearing in advance of the final development order. It will allow them
to provide additional safeguards and help facilitate some of the green initiatives.
The activities will be limited to the removal of exotic vegetation, relocation of
native vegetation and grading for the wall, which will allow the wall to be in place
before any vertical development begins. A $2,000,000 bond is being posted,
which is the value of the vegetation being relocated or replaced. Approximately
100 trees will be relocated to the PGA National Park. Fence with opaque
screening will be installed. Utilities have been relocated. Minor encroachments
are being addressed. Permits have been filed. Mr. Hearing is requesting to defer
the obligation to have the relocations complete for two weeks either prior to
second reading or prior to the issuance of vertical construction. Mayor Russo
inquired if staff had any questions of the petitioner. Council Member Jablin
inquired if the language Mr. Hearing is proposing is in the resolution. Kara Irwin,
Growth Management Administrator, stated that she would prefer more definite
timing. Mayor Russo inquired about the petition having been agreed to at an
earlier date. Mr. Hearing explained the process of getting signatures from the
Sandtree residents and then filing for permits so the encroachments can be
removed. He stated that they would like to start relocating trees tomorrow. Kara
Irwin then explained that Mr. Hearing is actually requesting a two -week
extension. Discussion ensued regarding specific language. Christine Tatum, City
Attorney, read the language to be used: "Prior to November 1, 2007 all
encroachments shall be removed. Failure to do so will result in a Stop Work
Order."
MOTION
Council Member Jablin made a motion to approve Resolution 118, 2007
with the revision as read into the record by City Attorney Christine Tatum,
seconded by Vice Mayor Levy and carried unanimously by a 5-0 vote.
C. Resolution 78. 2007 — Chase Bank Building. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending Resolution 21,
1998 to allow a total of four additional tenant wall signs on the Northeast and
Southwest elevations of the PGA Financial Center Building (f.k.a. MacArthur
Center Office Building) located at the Northeast corner of PGA Boulevard and
Fairchild Gardens Avenue within the Regional Center Development of Regional
Impact (DRI), as more particularly described herein; providing an additional
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
10.18.07
Page 7
I waiver; providing an additional condition of approval; and providing an effective
2 date.
3 MOTION
4 Motion was made by Council Member Jablin to continue Resolution 78,
5 2007 to the November 15, 2007 meeting. Seconded by Vice Mayor Levy; carried
6 by unanimous 5-0 vote.
7 d. Resolution 95, 2007 — Concurrent processing of a Future Land Use Map
8 Amendment (FLUME A Resolution of the City Council of the City of Palm
9 Beach Gardens, Florida allowing the concurrent processing of a Planned Unit
10 Development (PUD) and a Comprehensive Plan Amendment for the 10 -acre
11 parcel located at the Southwest corner of Hood Road and Interstate 95; approving
12 a concurrent processing agreement; and providing an effective date.
13 Mayor Russo opened the public hearing and requested any ex parte
14 communication, to which all members replied they had none. Mayor Russo
15 requested confirmation that Mr. Carl Sabatello was no longer involved with the
16 subject property. Kara Irwin, Growth Management Administrator, and Donaldson
17 Hearing, Cotleur & Hearing, both stated that Mr. Sabatello no longer held
18 contractual interest in the property. Christine Tatum, City Attorney, stated that
19 there was no written documentation to that effect. Mayor Russo stated that he
20 would abstain until a letter of clarification was obtained. Mayor Russo abstained
21 because Mr. Sabatello is a major client of Mayor Russo's office. At this time
22 Mayor Russo relinquished the gavel and turned the meeting over to Vice Mayor
23 Levy. Mr. Donaldson Hearing stated that the staff requested consideration of the
24 concurrent processing for this project. There is a pending land use amendment to
25 make it consistent with the surrounding land uses. Vice Mayor Levy asked if there
26 were questions for the staff or by the staff. There being no reply Vice Mayor Levy
27 opened the public hearing. There being no comments Vice Mayor Levy closed the
28 public hearing.
29 MOTION
30 Council Member Jablin made a motion for approval of Resolution 95,
31 2007. Council Member Barnett seconded. Motion carried unanimously by a 4-0
32 vote. Mayor Russo returned to the dais and resumed his position.
33 e. Resolution 98, 2007 — PGA Boulevard Streetscaye. A Resolution of the
34 City Council of the City of Palm Beach Gardens, Florida approving the PGA
35 Boulevard beautification plan for the Mirasol Planned Community District (PCD)
36 located between PGA Boulevard and Hood Road, West of the Ronald Regan
37 Turnpike; authorizing the City Manager or designee to execute FDOT permits
38 and/or a maintenance Memorandum of Agreement; providing conditions of
39 approval; and providing an effective date.
40 Mayor Russo opened the public hearing and requested any ex parte
41 communication, to which all members replied they had none. Anne Booth, Urban
42 Design Studio, representing Taylor Woodrow, stated she was seeking approval of
43 the landscape design that Mirasol is to provide along a 2 -mile area of the median
44 and Southern border of PGA Boulevard. Ms. Booth described specific planting
45 information. Vice Mayor Levy asked if there were any questions for the
46 petitioner. Council Member Jablin inquired if there had been a tree - for -tree
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replacement on the South side, to which Ms. Booth responded that she did not
know. She explained that the replacement trees have been clustered. Council
Member Jablin stated that he thought the vegetation was satisfactory. Council
Member Jablin inquired if the sidewalk is still in place, to which Ms. Booth
replied that it is. With no further questions from the Council, Mayor Russo
opened the hearing for public comment. With no comments, Mayor Russo closed
the public hearing.
MOTION
Council Member Jablin made a motion for approval of Resolution 98,
2007. Vice Mayor Levy seconded. Motion carried unanimously by a 5-0 vote.
f. Resolution 114. 2007 — Residential monument signs for the Garden Isles
subdivision. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing the construction of two residential monument signs within the
Larch Avenue right -of -way; and authorizing the execution of an Easement
Agreement for the signs; providing conditions of approval; and providing an
effective date.
Mayor Russo opened the public hearing and requested any ex parte
communication, to which all members replied they had none. Jackie Holloman,
Planner, Growth Management, stated that the Garden Isles subdivision, also
knows as the PGA National Golf Club Estates North, was previously approved for
a Military Trail grant in 2005 -2006 for two residential entry monument signs. Ms.
Holloman gave specific monument locations and stated that the two homeowners
nearest the signs had signed agreements. City Council is requested to waive all
permitting fees, as is typical for all projects with a Military Trail grant. The
standard agreement between the City and the homeowners association will apply.
The homeowners association is requesting a waiver for code, which limits
residential signs to one. The second sign will match the first and afford balance.
With no comments, Mayor Russo closed the public hearing.
MOTION
Council Member Jablin made a motion for approval of Resolution 114,
2007. Vice Mayor Levy seconded. Motion carried unanimously by a 5-0 vote.
X. RESOLUTIONS
None.
XI. ORDINANCES
None.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
None.
XIII. CITY ATTORNEY REPORT
None.
At this time Mayor Russo addressed the disparaging comment made earlier in the
evening regarding Council Member Jablin. He requested to know the latitude that he has
when personal attacks are made, specifically if the person is allowed three minutes to say
whatever they choose, or if the comments must be limited to City business. Mayor Russo
thanked Council Member Jablin for his discretion by not responding to the attack.
Council Member Barnett suggested that Christine Tatum, City Attorney, look into the
issue and provide advice, to which there was agreement. Council Member Jablin
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page 9
10.18.07
I addressed the attack by stating that as public figures Council Members are subject to
2 attack, but that he would not respond and hopes that no other Council Member would
3 respond either. Further discussion ensued with Mayor Russo stating that should the
4 situation arise again it can be brought up for discussion, as he has done with this
5 situation.
6 (The remainder of this page intentionally left blank)
7
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XJV, ADJOURNMENT
There being no further business to discuss, the
9:11 P.M. If If
APPROVED:
Eric
Hal
Jody
Attest:
Patricia Snider, CMC
City Clerk
was adjourned at
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 on file in the City Clerk's office.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
10.18.07
Page 11
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST ME —FIRST NAME — MIDDLE AME
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NAME OF BO RD, COUNCIL, OMMISSION, AUTHORITY, OR COMMITTEE
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THE BOARD, COU IL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH ISERVE AUNITOR
CITY ❑COUNTY ❑OTHER LOCAL AGENCY
CITY ' 0 , COUNTY Zw n -
NAME OF P ITICAL SUBDIVI ION:
DATE ON WHIC VO E OCCURRED
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MY PO ITION IS:
ELECTIVE ❑ APPOINTIVE
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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)
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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 y O S P� �• A-S5 hereby disclose that on
/8 —'20
(a),S 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.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
cc) fJ 1 N-c— I
S( "rlZ U (tee y G l S ti
Date Filed a re
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.
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