HomeMy WebLinkAboutMinutes Council 121996CITY COUNCIL
REGULAR MEETING
DECEMBER 19, 1996
The December 19, 1996, Regular Meeting of the City Council of
the City of Palm Beach Gardens 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 began with
the Pledge of Allegiance to the Flag.
ROLL CALL 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, Mayor Russo wished all residents a
Merry Christmas, Happy Holiday season and a Healthy and Happy
New Year.
ANNOUNCEMENTS Mayor Russo stated that the announcements were posted and listed
on the agenda.
AWARDING OF BIDS City Manager Herakovich stated that 2 bids were received from an
advertised bid for police motorcycles and staff recommended the
purchase of 2 motorcycles instead of 3 so that staff could purchase
some equipment that tells drivers how fast they are going and
would be coming back to City Council with that bid.
Vice Mayor Furtado made a motion to approve staff
recommendation for the purchase of 2 motorcycles from Harley
CITY COUNCIL REGULAR MEETING, 12/19/96
Davidson of Palm Beach in the amount of $12,464. The motion
was seconded by Councilman Clark and unanimously carried.
Mayor Russo welcomed the Government Class from Palm Beach
Gardens High School who were attending this meeting to observe
how city government worked. Councilman Jablin recognized
Jimmy Chalhub, a student at Palm Beach Gardens High School
that was also a member of the City's Education Advisory Board.
ITEMS BY MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado stated she had a meeting with Sue Miller and
Greg Dunham and the Executive Director of the Northern
Suburban Special Recreation Association regarding ADA facilities
that can accommodate the handicapped. Vice Mayor Furtado
stated that the City of Palm Beach Gardens has already moved
forward in this direction and will be able to accommodate some of
the regulations, however, there are a lot of issues that needed to be
addressed with ways of getting additional monies into the budget
for these accommodations. Vice Mayor Furtado suggested that a
workshop meeting be scheduled in the summer to discuss this
issue, stating that it not only included recreation, but all City
buildings as they had to be handicapped accessable.
CITY COUNCIL REGULAR MEETING, 12/19/96
Councilwoman Monroe felt that this was a staff responsibility and
questioned why the Council had to discuss this
issue. City Manager Herakovich stated that staff is on top of this
issue, however, pointed out that there are three components to
these regulations. There is ADA compliance, which staff is aware
of, however, there is a transition plan required by statute and the
issue of whether the City can include handicapped individuals with
our current programs It was this component that could become
very costly and where interlocal agreements needed to be
considered. Vice Mayor Furtado suggested that a position on the
Recreation Advisory Board be filled with either a handicapped
person or the family member of a handicapped person who could
give the City some insight as to specific needs.
Mayor Russo Mayor Russo reported that he met with the Foundation Land
Company on Monday and advised them that the Council was
unhappy with their comments at the public hearing regarding the
Vision resolution. He also discussed the City's recreation needs
and the need for a master plan for a master park. Mayor Russo met
with Commissioner Marcus today to discuss the County
7
CITY COUNCIL REGULAR MEETING, 12/19/96
cooperation for a master park. Mayor Russo stated that he has
enjoyed all the holiday events and encouraged all members to go to
the Boat Parade next year. Mayor Russo stated that he attended a
Municipal Barbeque in Belle Glade and a Palm Beach Gardens
Municipal Clerk's Luncheon.
COMMENTS FROM
THE PUBLIC
Siro DeGasperis Siro DeGasperis, resident of PGA National, addressed the Council
reflecting on the last year and congratulated the City Council on all
their accomplishments during the last year.
Alisha Urba Alisha Urba, 9886 Lakespur Circle, addressed the City Council
stating her concern that the Fire Department missed Plat 6 during
it's tour on Christmas Day with Santa Claus. Mayor Russo and the
City Manager stated that they would look into the situation and
would try to have every street in the City covered by the Fire
Department. City Manager Herakovich stated that while the Fire
Department tried to include the entire City last year it was difficult
between the calls for service and the expanding boundaries of the
City.
Tony Anthony Mayor Russo stated that he met this morning with Mr.
4
CITY COUNCIL REGULAR MEETING, 12/19/96
Anthony regarding his concerns, along with Assistant City
Manager Greg Dunham, and the Mayor felt that the City was
moving in the right direction in trying to answer some of Mr.
Anthony's concerns.
CONSENT AGENDA Councilwoman Monroe made a motion to approve the Consent
Agenda, seconded by Vice Mayor Furtado. Mayor Russo stated he
would be voting on everything but Item 9 and 10 on the Consent
Agenda as he had a conflict of interest and would be filing the
proper form. Items 1 through 8 were unanimously approved on the
Consent Agenda and Items 9 and 10 were approved by a vote of 4
ayes and one abstention by Mayor Russo. The following items
were approved on the Consent Agenda:
1. Proclaiming December 20, 1996 as "Tie One On For Safety"
Day.
2. Resolution 175, 1996 0- Amendments and Modifications to
Resolution 166 and 167, 1996, relating to the City's General
Obligation Bonds, Series 1996.
3. Resolution 176, 1996 - Abandonment of a portion of a 10 -foot
wide drainage easement along the rear property line of PGA
National Commerce Park, Lot 1.
4. Resolution 177, 19967 - approval of the Plat of Parcel M -3 in
PGA National.
5. Resolution 178, 1996 - Approval of a Site Plan for Sports
Authority.
6 Resolution 179, 1996 - Consideration of Approval of a Mission
Statement for the City of Palm Beach Gardens.
7. Resolution 180, 1996 - Amendment to Resolution 105, 1994,
CITY COUNCIL REGULAR MEETING, 12/19/96
which established a Land Development Fee Schedule for the
review of applica;tions and the administration of certain land
development regulations, by adding fees for Planeed Community
Districts and Environmental Review.
8. Resolution 183, 1996 - Approval of 1997 City of Palm Beach
Gardens' Holiday Schedule.
9. Resolution 184, 1996 - Approval of a Mission Statement for the
City of Palm Beach Gardens.
10. Resolution 185, 1996 - Approval of Plat 2 of Hidden Hollow,
PUBLIC HEARINGS
Ordinance 23, 1996 Mayor Russo opened the Public Hearing, which was duly
advertised on 12/4/96 and held on the intent of Ordinance 23,
1996, approval of digital file requirement. There being no
comments from the public, Mayor Russo declared the Public
Hearing closed.
Councilwoman Monroe made a motion to place Ordinance 23,
1996, on second and final reading, and for approval of same. The
motion was seconded by Vice Mayor Furtado, The motion was
unanimously carried. The Deputy City Clerk read Ordinance 23,
1996, by title only, on second and final reading.
RESOLUTIONS:
Resolution 100, 1996 Mayor Russo stated that Resolution 100, 1996, was for the
approval of a site plan and a conditional use for the installation of
one communication tower. Mayor Russo stated that several
CITY COUNCIL REGULAR MEETING, 12119/96
items had been filed since the last meeting on this subject and
asked the City Attorney for his comments regarding this issue.
City Attorney David Acton stated that there have been documents
filed by those participating in the proceedings and informed the
Council what these documents were. On 12/6/96 a Motion for
Reconsideration and/or ReHearing, was filed by Attorney Gary
Fields. Subsequently on 12117/96 a letter addressed to the Mayor
and Council from Attorney Raymond Royce was filed that
addressed the previous motion for rehearing filed by Attorney
Fields. On 12/19/96 a reply to the letter of 12/17/96 was filed with
the City, addressed to the Mayor and City Council. Attorney Acton
stated a document was also filed with the City entitled "Verified
Complaint" by Donald Ross Landowners Associated, also known
as Palm Beach Country Estates and William Bennett (Class
Representation) versus the City of Palm Beach Gardens,
Defendant.
The motion for reconsideration and/or rehearing in essence
requests the Council to rehear or reconsider this issue and made
certain allegations and stated the relief that it requested was for the
7
CITY COUNCIL REGULAR MEETING, 12/19/96
Council to reconsider its vote and/or grant a rehearing. Attorney
Acton stated the other items filed were in response to that motion.
Attorney Acton stated that the City Council has not yet voted on
this Resolution and, therefore, a Motion for reconsideration of the
Council's action at this time was premature. Attorney Acton stated
that Article V judges in Florida always consider these issues and do
so in private, however, the City Council must do their deliberations
in public. Attorney Acton stated that the Verified Complaint was a
document that would be required as a condition precedent for the
filing of certain litigation against the City under certain sections of
the Florida Statutes. Attorney Acton stated that the statutes require
that this action be filed no later than 30 days after the alledged
inconsistent action has been taken and Attorney Acton pointed out
that the action has not yet been taken and was premature and was
something that the Council did not have to respond to this evening.
In response to a question from Mayor Russo, Attorney Acton stated
that the Council could not take comments regarding Resolution
100, 1996, without reopening other portions of the proceedings that
CITY COUNCIL REGULAR MEETING, 12/19/96
entailed certain procedural requirements.
Vice Mayor Furtado referenced the requirement of the City Code
for using existing tower space when available. Former City
Attorney Tom Baird, who drafted the Resolution, stated that this
requirement is referenced in the findings spelled out in Resolution
100, 1996, because the ordinance required sharing of space.
Attorney Baird stated that Ordinance 13, 1995, did not establish as
one of the criteria or standards by which to measure where a tower
should be located or whether there is a market for additional
towers, but encouraged the use of existing towers.
Vice Mayor Furtado stated that her position hasn't changed from
the last time the Council discussed this issue and reiterated that she
was concerned with the need for the tower, feeling that there were
towers available, and was also concerned with the problems the
towers could create for mosquito control in Palm Beach Country
Estates.
Councilman Clark stated that Paragraph 13 under Section 4 on
Page 5 regarding the security fence should state "was subject to the
City's `approval" and there was a typo on Page 3 where the word
CITY COUNCIL REGULAR MEETING, 12/19/96
height was misspelled.
Councilman Jablin stated that this was a dollars and cents issue for
both sides and stated that he would be voting no on this issue.
Councilman Jablin stated that by voting for this resolution he felt
that the property values and the quality of life on adjoining
development would be adversely affected.
Mayor Russo stated he wanted to be sure this Resolution was for
the approval of one tower and not something unsightly. Mayor
Russo stated he wanted to be sure that this Resolution was
restrictive to one tower only and asked Mr. Walton how that could
be done. Mr. Walton stated that the site plan shows what was
being approved today and the tower would have to be in
compliance with the City's ordinance.
Attorney Baird stated that any additions to this tower would have
to come before the City Council and would have to meet the strict
guidelines required by the City's codes. In response to Mayor
Russo, Attorney Baird stated that the construction of the future
road, if that occurred, was a separate issue and the County would
have to do the construction to be consistent with the City's
10
CITY COUNCIL REGULAR MEETING, 12119/96
Comprehensive Plan and other zoning regulations. If buffering
was necessary for this roadway then the County would have to
provide additional buffering. Mayor Russo suggested that the
Council review and approve the Management Plan for this
particular site. Councilwoman Monroe stated that she also liked
the idea that Council review and approve the Management Plan for
this site. A discussion ensued regarding the requirement of the
strobe light and the FCC requirements. Councilwoman Monroe
pointed out that at this time of the year the strobe light is more
dramatic because of the shortness of the day. Councilman Clark
stated that the way the resolution reads, the 9:00 p.m. shutoff is "no
later than" because the wording indicates that the strobe light be
used in the daytime and the blinking red light be used after dark. It
was decided that the Resolution should state that the strobe light be
turned off within 30 minutes after sunset to assure that it would be
turned off at the appropriate time.
Planning and Zoning Director Richard Walton stated that the
applicant has not submitted revised plans to the City that depict a
tower of 288 feet in height, however, that is all that would be
11
CITY COUNCIL REGULAR MEETING, 12/19/96
allowed by Resolution 100, 1996. Councilwoman Monroe
suggested that the Council could approve Resolution 100, 1996,
and stated that before a building permit would be issued plans must
be submitted for actual height as allowed by the resolution. It was
suggested that Section 5, that indicates the specific documents, be
modified to reflect the proper documents. A discussion ensued
regarding the height of the tower, what would be on the tower, and
the hours of the lights. It was decided that the City Council would
approve the revised drawings that were to be submitted to the City.
Attorney Baird suggested that under Section 5 the following
language be included: "construction of the southernmost tower
measuring approximately 288 feet in height shall be in
conformance with the amended plans to be filed with the City's
Planning and Zoning Department, subject to City Council
approval."
City Attorney David Acton stated that with respect to the
Resolution, at the City Council November meeting Attorney Baird
and staff were directed to come up with findings of fact and
conclusions of law. In compliance with that request, this is done in
12
CITY COUNCIL REGULAR MEETING, 12/19/96
Resolution 100, 1996. However, subject to the standards that these
matters are addressed in court, it is not technically necessary that
the resolution have a section labeled "Findings of Fact" or
"Conclusions of Law ", but it is necessary that the records before
the Council contain the substantial competent evidence to support
the Council's action. Attorney Baird stated that he was
comfortable with the deed restriction and felt that it would be
enforceable. Attorney Baird stated that he would reword the
suggested language in Section 5, plan no. 5, as follows: Amended
tower details by Electronic Research, Inc, 1 Sheet, for a 288 foot
antenna, to be submitted by the applicant, which shall be subject to
City Council approval.
Councilman Clark made a motion to approve Resolution 100,
1996, as amended with the following changes: Section 3, page 3,
third line, correct spelling of the word "height'; page 5, Section 13,
second sentence change "shall be subject to the City prior to
issuance..." change to "City's approval prior to issuance of a
building permit."; paragraph 14, at the end of the first sentence that
reads "blinking red light" insert in parentheses "(after sunset) ";
13
CITY COUNCIL REGULAR MEETING, 12/19/96
paragraph 15, sixth line delete "City approved" and insert
"approved by the City Council "; Section 5, bottom of page, insert a
semi -colon and add the following words "provided, however, that
such plan shall be amended as necessary to reflect the 288 foot
height limitation and such amended plans shall be submitted for
approval by the City Council'. Councilwoman Monroe seconded
the motion. The motion was adopted by a vote of 3 ayes and 2
nays, with the nay votes being cast by Vice Mayor Furtado and
Councilman Jablin for reasons previously stated.
Resolution 181, 1996 Planning and Zoning Director Walton stated that this petition was
for a request for an amendment to the site plan for the Devonshire
Nursing Home at PGA National Commerce Park. The
amendments included a reduction in the number of beds from 133
to 104; reduction in the number of parking spaces with parking
spaces at 10 feet wide instead of 9 feet; an increase in the building
square footage from 61,599 to 66,658 square feet due to an
increase in common areas and the size of the rooms; a decrease in
the total open space from 3 \8% to 33 %; and a reduction in the side
setback from 44 feet to 10 feet , which meets the PGA National
14
CITY COUNCIL REGULAR MEETING, 12/19/96
Commerce Park Design Guidelines.
Mr. Walton stated that the Planning and Zoning Commission
recommended approval with 7 conditions. The City Engineer has
revised a condition that would indicate the prohibition of trucks in
excess of 30 feet. Mr. Walton suggested that Condition 8 be added
with the following language: "Within 6 months of approval of this
resolution the petitioner shall submit an application for site plan
approval for a temporary accessway across the adjacent Lot 2A,
providing a continuous outlet from Hyatt Drive for motor vehicles
in excess of 30 feet. The dimensions and configurations of the
accessway will be consistent with the adopted engineering
standards as approved by the City Engineer."
Councilwoman Monroe suggested one more sentence be added as
to stat "be constructed prior to the issuance of a CO ".
Frank Palen, representing Devonshire Nursing Home, stated that
the main facility was assisted living and was not on the same site
as the nursing facility. The nursing home component was
approved in the PGA National Commerce Park and is an integral
part of what you are buying when you buy interest in Devonshire
15
CITY COUNCIL, REGULAR MEETING, 12/19/96
and provides for care for life. Mr. Palen stated that the nursing
home facility would be for the exclusive use of the Devonshire
residents, except for a brief period of time in the beginning because
it would take some time before those residents of Devonshire
would need the nursing facility. The state license allows the
nursing home five years to accept residents that would not be living
at the Devonshire assisted living facility.
Councilman Clark made a motion to approve Resolution 1 81,
1996, as amended, The motion was seconded by Councilman
Jablin and unanimously carried,
nn r%TKT n i.rrc c
Ordinance 22, 1996 City Manager Herakovich stated that Ordinance 22, 1996, was on
the agenda for a workshop and consideration of first reading. Over
a year ago the Merit Board determined that they were no longer
necessary to serve as a Merit Board and there was a more modern
process that could be put into place. A Blue Ribbon Committee
was formed to draft a Personnel Program. This program went
through a department head review and a legal review. City
Manager Herakovich stated that the document still needed to
16
CITY COUNCIL REGULAR MEETING, 12/19196
include language on old age and survivors benefits and that would
be added by the public hearing. City Manager Herakovich stated
that the biggest change in this document was the change to
personal leave, which rewarded employees that did not abuse sick
leave because they had more discretionary use of their leave time.
The biggest issue was how to convert from the present system to
the new system and staff would recommend what they felt was a
fair buyout of existing hours. City Manager Herakovich stated the
next step would be to have focus meetings with the employees.
Councilwoman Monroe questioned bow doing this compared with
what was done for the unions. The City Manager stated that the
document basically covered general employees, except for where a
contract is silent, whereby this program would apply.
Councilwoman Monroe asked how much information the general
employees had regarding the proposed policy and asked that the
focus meetings be conducted before this ordinance come back
before the City Council for consideration. The City Manager
stated that another change to the policy was the limitation of time
earned and a cap based on the years of service. The proposed
17
CITY COUNCIL REGULAR MEETING, 12/19/96
policy does have a requirement to use hours during the year.
Councilwoman Monroe asked if there were provisions for existing
employees as opposed to new employees and asked if existing
employees could be given an alternative to preserve what they
already have. City Manager Herakovich stated that with the
personal leave there is a 100% buyout after an employee has been
with the City for 5 years, currently it is 50 %. City Manager
Herakovich stated that a letter has gone out to contract employees
asking for their comments and that staff has tried to keep
employees advised of the proposed policy as it was developed.
City Manager Herakovich stated that it was expected that
employees would make adverse comments, but felt that it was a
necessary change.
Councilman Clark stated that once staff has conducted the focus
groups and before it comes back to the City Council for their
consideration, he would like a personnel benefits expert review the
document. City Manager Herakovich stated that the City Attorney
as well as the City's Labor Attorney had reviewed the document.
However, she will have the document reviewed by a benefits
18
CITY COUNCIL REGULAR MEETING, 12/19/96
attorney.
Councilman Clark made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 22, 1996, on first reading. The motion
was unanimously carried. The Deputy City Clerk read Ordinance
22, 1996, by title only, on first reading.
Ordinance 25, 1996 City Manager Herakovich stated that the General Employees
Pension Fund required some necessary changes to comply with
Florida Statutes, which were reflected in the Ordinance for Council
consideration.
Councilman Clark requested a list of specific changes be provided
to the City Council for their review.
Councilwoman Monroe made a motion to place Ordinance 25,
1996, on first reading, by title only, seconded by Vice Mayor
Furtado. The motion was unanimously carried. The Deputy City
Clerk read Ordinance 25, 1996, by title only, on first reading.
Ordinance 26, 1996 Richard Walton, Planning and Zoning Director, discussed the
petition for a time extension for the Admiralty II PUD.
Councilwoman Monroe stated that she would like all conditions to
include the word "shall'. Councilwoman Monroe made a motion
19
CITY COUNCIL REGULAR MEETING, 12/19/96
to place Ordinance 26, 1996, as amended, on first reading, by title
only. The motion was seconded by Councilman Clark and
unanimously carried. The Deputy Clerk read Ordinance 26, 1996,
by title only, on first reading.
ITEMS FOR COUNCIL
ACTION
Mayor Russo Mayor Russo stated he attended the MPO meeting for Vice Mayor
Furtado and he noted that the intersection was approved, the
flyover was approved, the sound barrier walls are planned for 2001
or 2002. Vice Mayor Furtado stated that the walls would be earlier
because they are connected with the flyover. Vice Mayor Furtado
stated that the Public Hearing would be held in the Spring,
however, the project could not be scheduled earlier until the Public
Hearing has been exercised.
Vice Mayor Furtado Vice Mayor Furtado reminded the Council and staff that the Task
Force for the older part of the City should be formed shortly after
the holidays.
Councilwoman Monroe Councilwoman Monroe stated that there have been references to
towers and the School Board and lobbying in Tallahassee and
20
CITY COUNCIL REGULAR MEETING, 12/19/96
suggested that staff contact the County to find out what is being
done and to see if this is something the Municipal League may
want to participate in as well.
Councilwoman Monroe stated that there will be a conference in
Orlando called "The Wireless Communication Industry" that
included a number of pertinent topics, on January 22 -23, 1997.
Councilwoman Monroe suggested that staff check whether the
County or the Municipal League was sending anyone to this
conference.
Vice Mayor Furtado Vice Mayor Furtado asked the City Attorney if there were any
updates regarding the CB radio problems being experienced
throughout the City. City Attorney Acton stated that Carol
Wallace of his office was working on this issue. Vice Mayor
Furtado stated that the City of West Palm Beach adopted the
Federal guidelines regarding transmission and compliance with
certain rules and regulations because the FCC did not have the
manpower for enforcement. City Attorney Acton stated they have
contacted West Palm Beach, but they were unable to help.
Councilwoman Monroe Councilwoman Monroe stated that she, the City Manager and the
21
CITY COUNCIL REGULAR MEETING, 12/19/96
Planning and Zoning Director met with Mr. Vavrus regarding the
horse community, Mr. Vavrus showed a plan for the proposed
development, however, Councilwoman Monroe did not feel the
plan would go through. Councilwoman Monroe stated that without
any commitment to the equestrian people they would not push to
bring the money for an equestrian facility and it would be an
approval for a large lot subdivision.
Councilman Clark Councilman Clark reported that the Beautification and
Environmental Committee met on Monday night, with all members
in attendance. There was discussion regarding the location of the
proposed City signs and they planned to travel around the City to
look at intersections and come up with their recommendation
regarding the location and size of signs. They are also working on
a location for a Double Rainbow sculpture. City Manager
Herakovich stated that she offered the sculpture to Commissioner
Marcus to be placed in front of the courthouse.
Councilman Jablin Councilman Jablin asked if the City Attorney had any information
regarding meetings of the sub - committees of the Education
Advisory Board. City Attorney Acton stated he spoke with the
22
CITY COUNCIL REGULAR MEETING, 12/19/96
City Manager about this subject and he is still researching some
information. Attorney Acton stated he would finish the research in
the next several days.
CITY MANAGER REPORT City Manager Herakovich stated that staff made a presentation to
the PGA National Transition Committee. The City had supported
a grant from the County to get reimbursement of funds for
Frenchman's Forest for acquisition through the Environmentally
Sensitive Lands bond issue. The City Manager reported that the
County was awarded half the purchase price. The funding came
from the Florida Community Trust, which is funded through
Preservation 2000 and they are seeking support from Councils so
that funds can be appropriated by the legislature. The Council
agreed that this should be placed on a future agenda. City Manager
Herakovich reported that the City's Fire Chief, Ed Arrants, was
nominated by Commissioner McCarty to Chair the Governmental
Task Force for Fire Rescue. This is a sub - committee that grew out
of the original Planning Forum. In the last few months the City has
been working with the County on fire rescue issues, one being their
station location study. City Manager Herakovich stated that the
23
CITY COUNCIL REGULAR MEETING, 12/19/96
Council needed to schedule a workshop either the second week in
January or the 4th week to discuss the 1997 Goals and Objectives.
It was decided that the meeting would January 23, 1997. City
Manager Herakovich reported that staff hosted a meeting with
DOT Design Team that is working on the flyover and would be
drafting a letter requesting our participation and appointment of
task force members to the design and that letter should be going
out to DOT tomorrow.
Councilman Clark stated he had a telephone call from Betty
Petruzzi, a resident, with several complaints, however, she
requested that the Council consider asking the County or DOT
whether there may be some restrictions placed on U -turns on
Military Trail and Arbor during rush hour to assist residents getting
out of that intersection when they need to go left. Councilwoman
Monroe stated that would cause a problem if someone took a child
to school and they lived on the east side of Military Trail because
the only way they could get home was to make a U -tum. The City
Manager was directed to look into the problem.
24
CITY COUNCIL REGULAR MEETING, 12/19/96
CITY ATTORNEY
REPORT City Attorney Acton stated he was asked on 12/5/96 about the sub - contract
agreement with Tom Baird and his firm, however, it was not ready until
12/13/96 and hand delivered to Mr. Baird on Saturday. A letter was
received from Mr. Baird stating that the agreement had been forwarded to
his attorney for review. Councilman Clark stated that it was now almost
the end of the year and it was originally thought that Attorney Baird would
be transitioned out of the process by the end of the year. Councilman
Clark felt that it sounded like a frustrating process and it would be okay
that Attorney Baird just finish the items he has been working on.
Attorney Acton stated they are researching the off -site signage and that
there are provisions being made in the park code that is being revised to
cover areas for advertising in City parks and would be a specific exception
for the City only.
ADJOURNMENT There being no further business to discuss, the meeting was adjourned at
9:45 p.m.
25
CITY COUNCIL REGULAR MEETING, 12/19196
APPROVX3
r1GI�� Joseph R. Russo
—7e' /ter — 6)
Vice Mayor Lauren Furtado
ATTEST:
Cindy Har 4y, Deputy City Cle
26
r
4C- Mcilwoman Linda Monroe
1
Councilm ablin
Councilman David Clark
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
19- NA %tl 1 IRS 1 N NII MIDDIr1 NAME %� NAME Oh HOARD: COIIN('l(l . COMMISSION. AU 1 IICIRII Y. OR COMMI'i1t:E
IPSZ O � o Si 1 4 1\ �b "- `-
%I All I.M. %0DRI SS
iIN R -
DATE ON WHICH y )iF ( URRFD
I Hi• HOARD_ COUNCIL COMMISSION. AUl HORIII OR COMMnTEE Oh
WHICH I SERVE IS A UNIT OF.
COY O COUNTY O Ol HER I OCAL AGENCY
Cot' N Ty
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
WHO MUST FILE FORM 38
ELECTIVE 0 APPOINTIVE
This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board,
council. commission. authority. or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law When faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before :ompletine ;he re%er-e side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFiCERS:
A person holding elective count, municipal. or other local public office MUST ABSTAIN from %oting on a measure which inures
to his special prt%ate lain. Each local officer also is prohibited from knowingly %oting on a measure which inures to the special
gain of a principal (other than a government agency) b\ whom he is retained.
In either case. you should disclose the conflict:
PRIOR TO THE COTE BERG TAKE` b\ publicly stating to the assembly the nature of your Interest in the measure on
which you are abstainine from %oting; 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 `LUST ABSTAIN from %oting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly Noting on a measure \. hich 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 hefore making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the Corm ,hould be provided immediately to the other members of the agency.
• The form ,hould he read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
-)M %A .R 1 »l.c
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
hereby disclose that on , 19
(a) AA measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of , by whom 1 am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date Filed Si azure
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (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, REPRINIAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
CE FORM 58 . 1 .91 PAGE 2