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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 K 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 4 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 0 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 8 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 X 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. 11 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. 17 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 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS SI NAAII I IRS I %,%%]I MIDDI I XAMF 2�Ss o - � (4 �. NAME 01• BOARD. COIIN('II_ ('OMMISSION, AU I HORII Y.014 COMMITTEE %( AH ING %DDRI SS �1y 9 I Ht B)ARD. COUNCIL COMMISSION. At1THORIIY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF. CITY O COUNTY O 01 HER LOCAL AGENCY CI 11' C'Ol�N1Y IV NAM DF POLITICAL SUBDIVISION: DATE ON WHICH VOTE (X'Cl RRF1) -7 ,1 S, 1 MY POSITION IS: ELECTIVE O APPOINTIVE WHO MUST FILE FORM 88 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 112.3113, Florida Statutes. tibur responsibilities under the law when faced with a measure in which you have a conflict of interest Will vary greatly depending on Whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing ;he reNerse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal. or other local public office MUST ABSTAIN from %oting on a measure which inures to his special pri%ate 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 Ahom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from noting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or �.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. CE FORM 88 - 141 PAGE 2