HomeMy WebLinkAboutMinutes Council 071797CITY COUNCIL
REGULAR MEETING
JULY 17, 1997
The July 17, 1997, Regular Meeting of the City Council of the City
of Palm Gardens, Florida, was called to order at 7:30 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 to the Flag.
ROLL CALL: The roll was called by the Deputy City Clerk, and the following
elected officials were found to be in attendance: Mayor Joseph R.
Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe,
Councilman Eric Jablin and Councilman David Clark.
PRESENTATIONS
ADG City Manager Herakovich stated that ADG was not able to make a
presentation this evening because of some changes made by her
office and asked that the presentation be rescheduled to a meeting
on Monday, $121197, at 6:00 P.M. The Council agreed to the
rescheduling of the presentation.
Neighborhood Initiative
Task Force Interim Report Dr. Richard Orman, representing the Neighborhood Initiative Task
Force, addressed the City Council outlining the Interim Report
submitted July 10, 1997, as previously submitted to the City
Council. Dr. Orman pointed out that many residents contacted via
CITY COUNCIL REGULAR MEETING, JULY 17, 1997 2
surveys distributed by the Task Force members responded with
significant input that resulted in firm recommendations to the Task
Force. Dr. Orman stated that the Task Force encouraged the City
to continue organizing those neighborhoods that are without
associations so that they would have not only a voice, but uniform
rules and regulations to keep sections of the City enhanced.
Vice Mayor Furtado stated that once the Task Force has completed
the prioritizing, she would like to see more of neighbors helping
neighbors. Vice Mayor Furtado felt that the Task Force has started
this thinking among the various neighborhoods and hoped that it
would continue. Vice Mayor Furtado stated that the final report
would basically deal with capital improvements and grant monies,
but would like to see an extension of the Neighborhood Initiative
Task Force 6 months beyond the final report.
Councilwoman Monroe stated that the Council may consider a
committee that would meet once a year to accomplish such items
as improvements and grant monies.
Councilman Clark stated that a 6 month extension to allow the
Task Force to complete some of the projects was within reason and
also felt that it would be important for the neighborhoods to pursue
some needs independent of the City.
It was the consensus of the City Council to direct staff to draft a
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
resolution for consideration of approval at the Regular Meeting of
814197, to extend the term of the Neighborhood Initiative Task
Force for an additional b months.
AWARDING OF BIDS
Health/Life/Dental
Insurance The City's Insurance Agent of Record, Kurt Gehrig, addressed the
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City Council regarding the past year's experience with the Humana
Health Care System. Mr. Gehrig stated that most of the issues with
the insurance was resolved. Mr. Gehrig stated that the new plan
includes mail -in drug services for 3 months supply of ongoing
prescriptions. Mr. Gehrig agreed that Humana lacked in the
number of doctors available on the plan.
Councilman Clark made a motion to approve the staff
recommendation of awarding the bid for Health Insurance
to Humana, the Life Insurance to Sune Life of Canada
and the Dental Insurance to MetLife. The motion was seconded by
Vice Mayor Furtado and unanimously carried.
Truck for Parks and
Recreation Vice Mayor Furtado made a motion to approve awarding a bid for
the purchase of a new truck in the amount of $15,948.73,
piggybacking on a Metro Dade County bid. The motion was
seconded by Councilman Clark and unanimously carried.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
Surfacing of Roller
Hockey Rinks Councilman Clark made a motion to award a bid for surfacing of
the Roller Hockey Rinks to AAA Courts of Davie, Florida, in the
amount of $16,344. The motion was seconded by Councilman
Jablin and unanimously carried.
Bleachers & Benches for
Soccer Complex Vice Mayor Furtado made a motion to award a bid for bleachers
and benches for the soccer complex to Kay Park in the amount of
$15,391.28. The motion was seconded by Councilman Jablin and
unanimously carried.
ITEMS BY MAYOR
AND COUNCIL
Mayor Russo Mayor Russo stated that last week at the Municipal League
meeting, Senator Klein attended and spoke about the High Speed
Rail, stating that the train is a "done deal ". Mayor Russo felt that
the train would be a burden to all communities along the Florida
Turnpike and felt that there had to be a combined effort at the
public hearings to attempt to stop the forward motion of this
project. Mayor Russo stated that he was trying to set up a meeting
with Senator Klein so that residents and officials from surrounding
communities could meet regarding the High Speed Rail System
proposal and discuss a combined effort to stop the project.
COMMENTS FROM
THE PUBLIC
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CITY COUNCIL REGULAR MEETING, JULY 17, 1997
Dr. Richard Orman Dr. Richard Orman, resident of the City, addressed the City
Council regarding the condition of the canals within the City and
asked for assistance in getting a weir built to help with the
maintenance of the canal behind his residence. Dr. Orman
suggested the City assess residents living along the canal so that
the canal could be properly maintained. City Manager Herakovich
stated that staff was in the process of composing a report and a
long range plan for canal maintenance within the City.
PRESENTATIONS
Sharon Merchant Representative Sharon Merchant addressed the City Council and
handed out a copy of a staff analysis of the insurance bill that
recently passed by the legislature. Representative Merchant stated
that the legislature is in the process of putting together a working
paper and would welcome any input for their consideration.
Representative Merchant reviewed how the legislature came to the
point they are presently regarding insurance problems.
Representative Merchant stated that a working group has been
assembled and added that anyone that is interested is eligible to be
a part of this group to try to solve some of the insurance problems
facing the residents of Florida.
Mayor Russo stated that Insurance Commissioner Nelson recently
visited the Palm Beach County area and advised that before
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
Hurricane Andrew the State was not in a good position with
insurance companies because there were too few companies with
too large a risk. Commissioner Nelson also advised that there
was a need to bring new insurance companies into the State to
write catastrophe policies and thought that he was headed in the
right direction, however, the Iegislation passed would usurp his
authority to approve rate increases.
Mayor Russo stated that last week he met with Senator Klein
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regarding the proposed High Speed Rail and he advised the Mayor
to go through Representative Merchant to set up a meeting for this
area regarding the High Speed Rail. Mayor Russo stated that he
would like to set up a meeting the latter part of August if possible.
Representative Merchant stated that she would be meeting with
Senator Klein in a few days. Representative Merchant stated that
her office would coordinate dates and times with Senator Klein's
office in an attempt to set up an informational meeting with the
residents. Representative Merchant stated that she would contact
the City Manager with possible dates for this meeting. Mayor
Russo suggested that the meeting be for the North County area.
COMMENTS FROM
THE PUBLIC (CONT'D)
CITY COUNCIL REGULAR MEETING, JULY 17, 1997 7
Ray Ludwig Ray Ludwig, President of the Palm Beach Gardens Youth Athletic
Association, addressed the Council referencing the press this week.
Mr. Ludwig stated that the YAA had a rules and bylaws signed by
coaches and volunteers that gives the Association the right to
suspend those not abiding by those rules and regulations. Mr.
Ludwig asked that the City Council consider recent stories about
fighting on the field being caused by someone that was not a
member of the YAA and asked that the members of the Council
visit the games and the Association office to see what was being
done by the organization.
Mayor Russo stated that Council instructed the Director of
Recreation to come up with certain criteria that the City needs to
have regarding the baseball programs. Mayor Russo stated that the
City is interested in being part of the solution in making the
program better.
David Panaia David Panaia stated that the PBGYAA has revised the bylaws and
has instituted a code of ethics for players and coaches, as well as an
accounting system. Mr. Panaia stated the YAA hired a
professional to do a study regarding computer equipment and
received 3 bids for a system that was felt needed for the
Association. The equipment will either be housed at the
treasurer's house or the president's house because the Association
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
does not have a central office. Mr. Panaia explained the use of the
equipment and the security of its use and other actions recently
taken by the Association to bring itself into compliance with
ethical standards.
Mayor Russo emphasized the need for the City and the PBGYAA
to work together towards solutions, and pointed out that these
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discussions should be taking place with Parks and Recreation staff.
Mayor Russo stated that the Director of Recreation has been
instructed to research problems with the program and report back
to the City Council.
Vice Mayor Furtado felt that this issue should be workshopped
once the report was received by the Director of Recreation.
The City Manager was directed to schedule a workshop for the end
of August.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda,
seconded by Councilman Jablin. The motion was unanimously
carried. The following items were approved on the Consent
Agenda:
1. Minutes of 6/19/97 City Council Regular Meeting.
2. Minutes of 712197 City Council Regular Meeting.
3. Resolution 77, 1997 - Approval of P.B. County Law
Enforcement Agencies Combined Operational Assistance and
Voluntary Cooperation Mutual Aid Agreement.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
PUBLIC HEARINGS:
Resolution 71, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 715197 and held on the intent of Resolution 71, 1997,
consideration of approval of a conditional use for the expansion
and renovation of the existing Temple Beth David Site at 4657
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Hood Road. Phillip Luckner, architect for the petitioner, addressed
the City Council requesting approval of the application.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Councilman Clark made a motion to approve Resolution 71, 1997.
The motion was seconded by Vice Mayor Furtado and
unanimously carried.
Ordinance 22, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 712197 and held on the intent of Ordinance 22, 1997,
providing for an amendment to Section 2 -132 of the City Code of
Ordinances entitled "Composition, Appointment; Terms" to
increase the number of members of the Education Advisory Board
to include 4 alternates; providing for amendment to Section 2 -136
of the Code of Ordinances entitled "Meetings, Reports" to allow
meetings of the Education Advisory Board to take place at various
schools located within the boundaries of the City.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
10
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Vice Mayor Furtado made a motion to place Ordinance 22, 1997,
on second and final reading, by title only, and for adoption. The
motion was seconded by Councilman Jablin and unanimously
carried. The Deputy City Clerk read Ordinance 22, 1997, on
second and final reading, by title only.
Ordinance 31, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 712197, and held on the intent of Ordinance 31, 1997,
providing for approval of the petition of PGA Marina for rezoning
of 7.47 acres of land located on the northwest corner of PGA
Boulevard and the Intracoastal Waterway to a Planned Unit
Development. The petitioner agreed to change the color "Smoke
Ring"
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Councilman Clark made a motion to approve amendment one to
Ordinance 31, 1997, with the change to paragraph "A ", deleting the
phrase "a celtic blue and white" and substitute in lieu thereof
"smoke ring ". The motion was seconded by Councilman Jablin
and unanimously carried.
Councilman Clark made a motion to place Ordinance 31, 1997, on
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
second and final reading, by title only, and for adoption. The
motion was seconded by Councilman Jablin and unanimously
carried. The Deputy City Clerk read Ordinance 31, 1997, on
second and final reading, by title only.
Ordinance 32, 1997 Mayor Russo stated he would not be voting on Ordinance 32,
1997, as he had a conflict of interest and added that he had
previously filed the appropriate forms.
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Vice Mayor Furtado declared the Public Hearing open, which was
duly advertised 7/2/97 and held on the intent of Ordinance 32,
1997, providing for an amendment to the Hidden Hollow
Residential Planned Unit Development to allow for a time
extension and modification to conditions set forth in the
development order. Staff recommended an extension of time of
completion of the project be changed to June 30, 2000, as that was
the maximum amount of time allowed by Code. The petitioner
stated the extension was agreeable to him. Councilwoman Monroe
felt that the Code should be amended to indicate what kind of time
frames should be considered when considering an extension of
time and that the applicant should have to wait until nearly the end
before applying for an extension of time.
There being no comments from t he public, Vice Mayor Furtado
declared the Public Hearing closed.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997 12
Councilman Clark made a motion to approve amendment one to
Ordinance 32, 1997. The motion was seconded by Councilman
Jablin and was approved by a vote of 4 ayes.
Councilman Clark made a motion to place Ordinance 32, 1997, on
second and final reading, by title only, and for adoption. The
motion was seconded by Councilman Jablin. The motion was
carried by a vote of 4 ayes.
The Deputy City Clerk read Ordinance 32, 1997, by title only, on
second and final reading.
Ordinance 33, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 7/2/97 and held on the intent of Ordinance 33, 1997,
providing for an amendment to Section 46 -32 of the City of Palm
Beach Gardens Code of Ordinances, entitled "Membership and
Qualifications" to increase the number of members of the Parks
and Recreation Advisory Board from 5 to 7 regular members.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Vice Mayor Furtado made a motion to place Ordinance 33, 1997,
on second reading, by title only, and for adoption. The motion was
seconded by Councilman Jablin and unanimously carried. The
Deputy City Clerk read Ordinance 33, 1997, by title only, on
second and final reading.
CITY COUNCIL REGULAR MEETING, .IDLY 17, 1997 13
RESOLUTIONS:
Resolution 66, 1997 Marty Minor, Principal Planner, stated that at the last meeting there
was concern regarding the access to the proposed units at
Westwood Gardens /Westwood Lakes PUD. The Council indicated
a preference for a parking lot access for the units in lieu of the
individual driveways. The petitioner has complied with the
concerns of the Council and reconfigured plans for a parking lot
consisting of 9 x 20 parking spaces, leaving 2 feet of green space
between the townhomes and the Windmill Drive right -of -way.
Fire Marshall suggested the access points be enlarged to 30 feet in
width to accommodate the larger fire vehicles. City Forester Mark
Hendrickson indicated the proposed plan did not meet the City
Code because of the lack of open space between the roadway and
the townhouses. Staff also recommended the 9 foot wide parking
spaces be widened to 10 feet, which is required by Code, unless the
petitioner can prove that the 10 foot spaces needed to be reduced to
add to the landscaping. Staff recommended the petitioner come
back with revised site and Iandscape plans to include the concerns
of the City Council and staff. A discussion ensued regarding what
the petitioner could build with the current approval that he had
from the County, however, it was also felt that the petitioner would
have to replat to build the units approved by the County.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
14
Gary Brandenburg, attorney for the petitioner, reviewed the history
of the application. The City Council was shown revised plans that
would incorporate some of the concerns of staff and City Council.
The City Council expressed their concern that they are being asked
to juggle landscaping and pavement and the concentration should
be on the size and depth of the units. Attorney Acton stated that
the Code had a provision (Section i 18- 43(f -6(b) that required that
the City receive even minor changes and information when there is
a revision to the application, five working days before Council
consideration. Council felt that Resolution 66, 1997, should not
have been placed on the agenda for this evening.
The City Forester explained the difference in the proposed
landscaping and the landscaping that was approved by the County
for the carriage homes. Councilwoman Monroe felt that it was
easy for the applicant to state they would fix certain items in the
proposed landscape /parking plans, but once they start construction
they realize that there are problems.
Mayor Russo stated that residents wanting to speak regarding this
issue would be limited to 3 minutes and asked that they not repeat
complaints expressed by previous speakers.
Carey Podesta Carey Podesta, attorney for the Westwood Gardens /Westwood
Lakes HOA, stated that there were promises of a specific time limit
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
14
Gary Brandenburg, attorney for the petitioner, reviewed the history
of the application. The City Council was shown revised plans that
would incorporate some of the concerns of staff and City Council.
The City Council expressed their concern that they are being asked
to juggle landscaping and pavement and the concentration should
be on the size and depth of the units. Attorney Acton stated that
the Code had a provision (Section 11843(f)(6)(b) that required
that the City receive even minor changes and information when
there is a revision to the application, five working days before
Council consideration. Council felt that Resolution 66, 1997,
should not have been placed on the agenda for this evening.
The City Forester explained the difference in the proposed
landscaping and the landscaping that was approved by the County
for the carriage homes. Councilwoman Monroe felt that it was
easy for the applicant to state they would fix certain items in the
proposed landscape /parking plans, but once they start construction
they realize that there are problems.
Mayor Russo stated that residents wanting to speak regarding this
issue would be limited to 3 minutes and asked that they not repeat
complaints expressed by previous speakers.
Carey Podesta Carey Podesta, attorney for the Westwood Gardens/Westwood
Lakes HOA, stated that there were promises of a specific time limit
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
15
on the approval and felt that the approval proposed with Resolution
66, 1997, would be indefinite. Attorney Podesta asked that the
City Council make a sound decision regarding this issue, not only
for the residents of the Association, but for the citizens of Palm
Beach Gardens.
Elena Escovar Ms. Escovar, resident of Westwood Gardens, expressed her
concerns regarding the proposed project and asked that the fences
be made of wood to be compatible with the surrounding
development.
Ed Lyon Ed Lyon, resident of Westwood Gardens, stated that the proposed
project would affect current flooding problems and asked that the
project as presented be denied.
Sam Thompson Sam Thompson, resident of Westwood Lakes, discussed flooding
problems experienced by the development and asked that the
developer of the proposed additional units be required to correct
some of the problems that caused the flooding.
Bonnie Sanchez Bonnie Sanchez, resident of Westwood Gardens stated that she had
a petition signed by 100 families that reflects the residents'
concerns and issues and asked that the Council take the concerns
into consideration.
Alfred Freed Alfred Freed, President of Westwood Lakes, expressed his concern
with the objection to the "sea of asphalt" and the color of the
CITY COUNCIL REGULAR MEETING, JULY 17, 1997 16
buildings. Mr. Freed felt that the color of the buildings should be
compatible with the remainder of the community.
Attorney Gary Brandenburg stated that the petitioner has tried hard
to accomplish all objectives laid out by the City Council and has
worked with the residents of the development, however, realize
that developer would never be able to meet all the concerns
expressed by the residents. Attorney Brandenburg asked that the
City Council either approve or deny the plan presented to them.
Councilman Clark stated that the City Council considered a plan at
the last meeting and asked the petitioner to go back and reconfigure
the parking lot plan that was proposed when the County approved
the plan. He said petitioner, in good faith, tried to do as requested,
however, with the revised site plan the reconfiguration does not
work. Councilman Clark felt that the petitioner agreed to widen the
parking spaces, accept a two year time limit and to widen the
access points. Councilman Clark felt that in order to approve this
application, the plans would have to be modified and brought back
to the City Council.
Councilwoman Monroe agreed with Councilman Clark, however,
felt that the revisions may not work because of the size of the units.
It was the consensus of the Council that they wanted information
regarding the size of the original footprint of the buildings.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
Councilwoman Monroe stated that staff needed to consider the
actual width of the built road and look at the old footprint to
determine how much space there is to do the compromises that
were agreed to this evening.
Mayor Russo stated he received a letter from Phyllis Munford,
President of the Westwood Gardens HOA, and gave it to staff to
become part of the record.
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It was the consensus of the City Council to consider Resolution 66,
1997, at the 8121197 Regular Meeting of the City Council.
Resolution 70, 1997 Councilwoman Monroe made a motion to approve Resolution 70,
1997, acceptance of construction improvements to Hickory Drive.
The motion was seconded by Vice Mayor Furtado and
unanimously carried.
Resolution 76, 1997 Councilman Clark made a motion to approve Resolution 76, 1997,
amending the Defined Contribution Executive Retirement Plan.
The motion was seconded by Councilman Jablin and unanimously
carried.
Resolution 78, 1997 City Attorney Acton stated that legal staff researched the legalities
of the compromise, as requested by City Council, and are satisfied
that under Section 106 -31, the City Council had the authority to
approve Resolution 78, 1997 if they chose.
Councilwoman Monroe made a motion to approve Resolution 78,
CITY COUNCIL REGULAR MEETING, JULY 17, 1997 18
1997, seconded by Councilman Clark. The motion unanimously
carried.
Resolution 80, 1997 The City Council discussed amendments to the Developer's
Agreement for Golf Digest.
Councilman Clark made a motion to approve Resolution 80, 1997,
with the amendments presented on the Developer's Agreement, as
discussed by the City Attorney and staff. The motion was
seconded by Councilwoman Monroe and unanimously carried.
ORDINANCES:
Ordinance 34,1 997 Councilwoman Monroe made a motion to approve Ordinance 34,
1997, for first reading, by title only. The motion was seconded by
Councilman Clark and unanimously carried. The Deputy City
Clerk read on first reading, by title only, Ordinance 34, 1997,
amendment to Section 118.40 of the Code of Ordinances to
provide for the collection of fees for the use of the City Engineer
and City Attorney.
Ordinance 37, 1 997 Mayor Russo stated that while Ordinance 37, 1997, was on the
agenda for consideration of first reading, there was one resident
that wanted to speak to this issue.
Gerald Rossow stated that the outside dining was an issue,
however, felt that the application did not follow the proper process
because the amendments did not go through the Planning and
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
Zoning Commission.
19
Councilman Clark made a motion to place Ordinance 37, 1997, on
first reading by title only. The motion was seconded by
Councilman Jablin and passed by a vote of 4 ayes and 1 nay, with
Councilwoman Monroe casting the nay vote. The Deputy City
Clerk read, by title only, on first reading, Ordinance 37, 1997,
providing for an amendment to the elevations of the Bridge Center
Planned Unit Development.
1TEMS FOR COUNCIL
ACTION
FY 1997/1998 Tax Rate Finance Director Kent Olson stated that the proposal was for the
tax roll back rate of 3.448. Councilman Clark made a motion to
approve the staff recommendation for the Fiscal Year 1997/1998
Tax Rate. The motion was seconded by Councilwoman Monroe
and unanimously carried.
Banking Services Contract Councilman Clark made a motion to approve the staff
recommendation for an extension of the banking services contract.
The motion was seconded by Councilman Jablin and unanimously
carried.
CITY MANAGER REPORT City Manager Herakovich ask the Council for permission to apply,
on behalf of Gardens of Woodberry, for a grant through the MVO
and the FDOT program to enhance the landscaping for this
CITY COUNCIL REGULAR MEETING, JULY 17, 1997 20
development along PGA Boulevard. It was the consensus of the
Council to allow the City to apply for the grant on behalf of
Gardens of Woodberry.
City Manager Herakovich reminded the Council that Palm Beach
County was looking for task force members to serve on the LUB
Board and was asking for submittals.
The Council agreed that they wanted to look at the traffic report
before supporting the PGA gate issue.
The City of Port St. Richie thanked the City Council for support of
a lift station.
At the budget workshop the Council discussed the best way to save
dollars and it was decided to bring engineering in house. At that
same meeting the City Council decided that the City would do an
RFP for city attorney with the understanding that we were very
satisfied with the quality of services presently being provided to
the City. City Manager Herakovich asked for a formal direction
from the City Council. Vice Mayor Furtado requested a
breakdown of the attorney costs. It was decided that the City
Manager would come back to the City Council with a report
regarding the costs of the City Attorney.
City Manager Herakovich stated there would be a meeting with
ADG on 7121197 at 6:00 p.m.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
21
CITY ATTORNEY REPORT City Attorney Acton thanked the Council for their compliments
on the legal staff work and stated he would take the compliments
back to the firm. He reported that the revision of the Northlake
Boulevard Task Force Interlocal Agreement was moving ahead,
with a meeting today of the four governmental entities' attorneys,
in an effort to come up with a final draft agreement.
COUNCILWOMAN
MONROE Councilwoman Monroe stated that she learned late Monday
afternoon that the applicant that was trying to get the residential
portion of the Campbell property was proposing a deed restriction
that the development would be adult housing only so it would not
affect schools.
ITEMS FOR DISCUSSION
Nail School There being no concerns regarding this application, staff was
directed to move forward with the petition.
Peter Pan Preschool An application from Peter Pan Preschool was for a conditional use
to expand the preschool into 3 adjacent duplexes to be used to
increase the student capacity from 100 to 220 students was
discussed. The Planning and Zoning Commission recommended
approval of the petition, with conditions. It was the consensus of
the Council to move forward with this project.
Outdoor Seating Marty Minor stated that at present City Codes do not allow outdoor
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
22
seating, except as part of an approved site plan. Mr. Minor looked
at possible problems with parking, nuisances, ADA requirements
and aesthetics. Mr. Minor stated that staff has looked at various
procedures for approval from site plan review to administrative
approval. City Manager Herakovich stated staff also wanted
direction on whether the Council was opposed to having outdoor
seating at fast food restaurants. The City Council decided they
would call staff with concerns regarding an ordinance for outdoor
seating.
COUNCIL ITEMS Mayor Russo stated that Items by the Council should be limited to
S minutes for each member to help run an efficient meeting.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:30 P.M.
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
APPROVAL
ZXR PH R.RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
COUNCILMAN ERIC JABLIN
IL
COUNCILMAN DAVID CLARK
ATTEST:
&h "/', '?,�
CINDY HARVEY, DEPUTY CITY CLERK
23
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
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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 �.yritten 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 tihould 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.
t E H)Rm 411 ' it
?4(;E
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
1. T, `� I`" !� -�S ° , hereby disclose that on ' 19
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
M
/inured to the special gain of .o , by %-.hom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
-� �I, 9 �
Date Filed '
re
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 $5,000.
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