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HomeMy WebLinkAboutMinutes Council 071896CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JULY 16, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. Mayor Russo called for a moment of silence in respect to those who had recently lost their lives in an airplane explosion. ROLL CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablin and Councilman Clark ANNOTTNCEMENTS Mayor Russo stated that the announcements were as posted on the City's bulletin boards. RE -ORDER OF AGENDA After discussion of the length of time which would be needed for the Public Hearing for Resolution 100, 1996, Mayor Russo announced that the Public Hearing would be limited to two hours and then a decision would be made how to proceed, and requested that the agenda be re- ordered to hear the Holly Drive and EAR City Council Regular Meeting 7/18/96 PRESENTATIONS PAGE 2 presentations, the Cypress Hollow Public Hearing and then Resolution 100, 1996. Councilman Clark made a motion to re -order the agenda as described by Mayor Russo. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. HOLLY DRIVE PROPOSED MEDIAN LANDSCAPING City Engineer provided an update as to the progress of the Holly Drive project. Troy Holloway of George Gentile and Associates described the proposed landscaping plan, which mixed approximately 50�1- native plants with non - natives. Councilwoman Monroe questioned the maintenance which would be needed for the proposed plant palette and the sight visibility which would result, and was assured that proper maintenance would be done and proper sight visibility would be in place. TONY ANTHONY Mr. Anthony volunteered to help the maintenance employees to show them how to take care of the mulch and the weeds if he were notified of any meetings. EAR TRAFFIC CIRCULATION COMPONENT Principal Planner Kim Glas Castro explained that submittal of the traffic component of the EAR had been delayed until the 2015 model could be obtained and studied. Ms. Glas Castro pointed out deficiencies City Council Regular Meeting 7/18/96 PAGE 3 which were projected through the year 2001. Actual traffic counts compared to projected figures and ways to use accident figures to help were discussed. PUBLIC HEARINGS ORDINANCE 12, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 7/3/96, for consideration of second reading and adoption of Ordinance 12, 1996 - Approving an Amendment to the BallenIsles Planned Community District for a Minor Amendment to the Perimeter Buffer System "C" Plan Adjacent to the Cypress Hollow Planned Unit Development. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion to adopt Ordinance 12, 1996 upon Second Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. The Deputy City Clerk read Ordinance 12, 1996 by title only on Second Reading. RESOLUTION 100, 1996 Mayor Russo declared the public hearing open for Resolution 100, 1996 - Consideration of Approval for a Conditional Use for the Construction of three (3) 363 -foot Communication Towers, duly advertised 7/8/96. City Attorney Baird provided an update regarding the quasi judicial procedure to be followed. Raymond City Council Regular Meeting 7/18/96 PAGE 4 Royce, Attorney for the Petitioner, suggested that agenda item Resolution 101, 1996 be combined with this agenda item, which was agreeable with the parties concerned. Disclosure of ex -parte communications were made. Mayor Russo stated that he had accepted a book from Gary Fields, but had not discussed the case with him; and that he had discussed procedure with Attorney Royce and with Commissioner Marcus, but did not discuss facts relating to the case. Councilman Clark reported that he had attended previous meetings regarding this matter in his capacity as City Council Liaison to the Planning and Zoning Commission, during the course of which he had had many discussions with the involved parties including Attorney Royce, Commissioner Marcus, Gary Fields, and a number of persons including members of his family who are residents of Palm Beach Country Estates; however, his decision would be based on facts presented at tonight's hearing and not on prior discussions. Councilman Jablin reported that he had accepted a book from Gary Fields but had had no substantive discussions with him regarding the case. Mayor Russo reported that the Councilmembers had also received many letters. Councilwoman Monroe reported that she City Council Regular Meeting 7/18/96 PAGE 5 had also received the book from Mr. Fields entitled, Why 360 -Foot High Towers and Guy Wires Don't Belong next to the Loxahatchee Slough in a Residential Community, and had received numerous letters. Vice Mayor Furtado reported that she had received the book from Mr. Fields, did not speak to Mr. Fields, had spoken with Commissioner Marcus, and had received numerous letters from residents, but would base her decision on what was presented at tonight's hearing. Attorney Royce requested that the following items be made a part of the record: Ordinance 13, 1995 - the Communications Tower Ordinance; and Staff report to the Mayor and City Council from the Planning and Zoning staff dated July 18, 1996 with the attached proposed resolutions. Attorney Royce reviewed prior events which began with establishment of the Communications Tower Ordinance and explained that the applicant had met all requirements of the ordinance. Attorney Royce reviewed a map of the proposed location on private property and surrounding lands, and read a portion of a letter dated July 7, 1995, from Mr. Woleski of the Palm Beach County DERM to Mr. Dale Smith of the MacArthur Foundation to clarify the letter dated July 3 in the book which had been given City Council Regular Meeting 7/18/96 PAGE 6 to each Council member. Mr. Royce read from the letter as follows: Establishing the boundaries of these sites, (referring to the various sites the County is purchasing for environmental protection reasons), the County believes it has utilized all of the relevant scientific data in establishing boundaries that adequately protect and buffer the important environmental attributes of these lands. It is not Environmental Resource Management's intention to impose or encourage imposition by other agencies or governments additional regulations or restrictions on the use of lands adjacent to these sites. In fact, Palm Beach County recognizes the intentions of the Foundation to divest of these sites for the purpose of development by the ultimate purchaser. Attorney Royce commented that this language emphasized that this was private property subject to development and was not preservation land. Attorney Royce suggested that consideration should be given to whether the application met the ordinance and to the type of development which would have the least environmental impact. Mr. Gary Fields requested that the record reflect that he had delivered a copy of the boo}_ City Council Regular Meeting 7/18/96 PAGE 7 referred to earlier to each member of the City Council, The Council members acknowledged receipt of the book. Attorney Royce requested that since the staff report was not presented first, should any issues be raised by staff which had not been covered by the applicant that the applicant be granted the opportunity to present additional information in response to any questions from staff. Attorney Baird advised that changes in the law did not require witnesses to be sworn. Trisha Dolin, Palm Beach Communications Company, explained the steps that their company had taken to this point, including the fact that there were no appropriate existing towers in the area to hold their radio equipment and that the most remote location possible had been chosen, and that the City would soon need a tower for police communications. During cross examination, in response to a question by Vice Mayor Furtado, Ms. Dolin clarified the locations of other towers in the area and why they were inappropriate for the applicant's equipment. Gary Fields of Palm Beach Country Estates referred to a list of Palm Beach County radio stations published by the Palm Beach Post and to a useable area study, and questioned Ms. Dolin as to whether City Council Regular Meeting 7/18/96 PAGE 8 application had been made to the FCC to go outside that useable area, to which she responded affirmatively. An alternate site in Lake Park was discussed to which Ms. Dolin responded she had not applied for or been refused by the FCC for the Lake Park site. Mr. Fields referred to a December meeting at the office of Robert Furman where alternate sites had been discussed, to which Ms. Dolzn's response was that she absolutely positively did not recall stating at that meeting that the Mangonia Park site would not be used because its rent was too high, and that she would be glad to pay whatever the rent was. Mr. Fields questioned whether a cellular phone company did not require a 360 -ft. tower, to which Ms. Dolin responded that a cell phone site needed to be approximately 100 -125 feet. Attorney Royce asked Ms. Dolin whether there had been any questions she would like to clarify, to which Ms. Dolin responded that there was no way she could go to the Lake Park site because of its location being too far south and would not be allowed by the FCC because the applicant's radio station would interfere with existing radio stations. Councilwoman Monroe questioned whether the location under discussion was Lake Park or Mangonia City Council Regular Meeting 7/18/96 PAGE 9 Park, to which clarification was provided that neither was acceptable because the Mangonia Park location was too far south, that Ms. Dolan knew the Lake Park location was unacceptable, and that Palm Beach County Commissioner Marcus' office had contacted the FCC regarding the Lake Park site, but she did not have a letter from the FCC stating that fact. Palm Beach County Commissioner Karen Marcus clarified that her office had contacted the FCC but had never received a reply and questioned whether the applicant had ever made application to the FCC to extend the boundary to the Lake Park site, to which Ms. Dolin responded that she had not. Ms. Dolin testified that she remembered speaking with the City Manager of Lake Park regarding a Lake Park site location, but did not recall speaking with their Chief of Police. Attorney Baird explained that the public did not have to be sworn; however, experts were required to be sworn under the new legislation. Ali experts stood and were sworn by the City Attorney. Carey Kilday, Kilday and Associates Land Planners, presented his credentials as a planner, and discussed this application and its compliance with the City's ordinance. Mr. Kilday commented that the points in question upon which the City Council must City Council Regular Meeting 7/18/96 PAGE 10 make a ruling as to compliance were whether there was an adverse effect on adjacent resident and non- residential properties; and that the setback of the tower from surrounding properties must be such that herght, bulk, and scale was compatible with surrounding residential and non- residential uses. Mr. Kilday commented that setbacl_ requirements had been met, and that the City Council should consider the bulk of the type of tower proposed. Mr. Kilday presented photographs of existing towers, the closest to the site being an existing tower located within Palm Beach Country Estates, which he had evaluated and used as criteria to establish that the visual sight of a tower by the majority of the residents of Palm Beach Country Estates would be that the tower would be occasionally seen or not seen depending on the line of sight and what existed between the viewer and the tower. During his presentation, Mr. Kilday reported that he had also evaluated a tower located near Ibis and had determined that the tower had a minimal effect on the community because focus tended to he on shorter, closer structures, as was expected to be the case for the applicant's proposed tower. Mr. Kilday discussed when the tower would be in view and out of City Council Regular Meeting 7/18/96 PAGE 11 view (when obstructed by trees). Mr. Kilday reported that he had concluded that given compliance with the rules in the ordinance and given the heavily wooded proposed site, his conclusion was that the impact of the tower would be negligible to the vast majority of Palm Beach Country Estate residents. The residents on the west side of 69th Drive would be affected differently since their lots afforded a view of the lowland area, and those who had pine trees in their back yards probably would not see the towers, while whose who had removed their pine trees would probably see the top of the tower although it would be the equivalent of three football fields in the distance. Mr. Kilday stated he had therefore concluded that this would be a compatible use. In response to questions from Councilwoman Monroe, Mr. Kilday clarified the location from which photographs used in his presentation had been taken and further discussed sight possibilities regarding the proposed tower. Mr. Fields requested and received clarification that Mr. Kilday had not been aware that the existing cell tower in Palm Beach Country Estates which he had indicated was 125 feet in height, had been referred to by the appraiser for the party who employed Mr. Kilday as 100 City Council Regular Meeting 7/18/96 PAGE 12 feet in height. Mr. Fields questioned whether Mr. Kilday was aware that the Ibis tower pre - existed the community, to which Mr. Kilday responded that he was not, however, Mr. Kilday expressed his opinion that indicated the community had not been affected. Discussion ensued whether upcoming testimony would be duplicitous, to which Attorney Royce responded that testimony would not be duplicated. Roc }:y Biby, Kimley -Horn Engineers, stated his credentials as an engineer and responded to questions by Attorney Royce that he had prepared the information regarding which he would testify, that he had prepared the line of sight analysis required by Ordinance 13 in this matter, that he had prepared the application and other engineering drawings that were a part of the application and that those were a part of the material he had distributed to the Mayor, members of the City Council, City Clerk, and Court reporter. Mr. Biby described the information which he had provided. Mr. Biby referred to the requirements in the ordinance used for the visual sight analysis, and explained how the cross sections for lines of sight had been developed and what they showed. Mr. Biby testified that in no case was more than 50= of the tower City Council Regular Meeting 7/18/96 PAGE 13 visible; and that additional cross sections had shown that was also true from the back yards of Palm Beach County Estates residents. Using photos of similar type and height towers taken from similar distances, and photographs taken in the field reflecting angle of sight, computer photo imaging had been used to create an accurate photograph of what the tower would look like to the residents. The resulting findings were that the entire tower would not be visible from any right -of -way, and that in every case less than 50'�, of the tower would be visible from the viewpoints in the line of sight analysis. Mr. Biby explained that the tower met the 110' setback from the property line, as well as the minimum distance requirement to the nearest boundary of any residential Toning district equal to the greater of 500 feet or three times the tower height. In response to Councilman Jablin's question of the percentage of the tower visible in view 44, Mr. Baby's response was approximately 403. Views 45 and #6 were also discussed. Mr. Biby explained that the software could measure the visibility of the tower, whereupon Councilman Jablin requested that information be provided at the next meeting. Councilwoman Monroe questioned the amount of City Council Regular Meeting 7/18/96 PAGE 14 vegetation would be remaining if invasive Melaleuca were removed. Mr. Biby explained that a vegetation inventory was conducted on site and pointed out where those exotic trees existed. In response to Councilwoman Monroe, Mr. Biby commented that the entire western boundary consisted of dense pines. Mr. Fields questioned what percentage of the trees would be visible if the boundary trees not on the applicant's property were removed. An exercise was performed which indicated possibly 60 would be visible in one of the views. During further questioning, Mr. Fields indicated that if some trees over which the applicant had no control lost their branches that substantially more than 50' of the tower would be visible, to which Mr. Biby responded that distance played a part and that pine trees close to residents' back yards would block half of the tower. Attorney Royce clarified with Mr. Biby that Mr. Fields Lad referred to view #5, which had been made at the request of residents and which was less than the 2,000 feet required by the ordinance; and if all residents removed the trees between their residences and the tower, because of the trees growing behind those trees, the drawings and photos would still be accurate City Council Regular Meeting 7/18/96 PAGE 15 representations. Mr. Fields stated that Mr. Biby had referred to view 44, and questioned whether if view #4 were moved to 2,000 feet that more of the tower could be seen, to which Mr. Biby explained it would not because more forestry would be brought into the view. Mr. Royce clarified through Mr. Biby that two different views had been referred to, that view #4 was approximately 2,000 feet, that view #5 was not required by the ordinance but had been taken in the most open area of a canal right -of -way and not in anyone's yard at the request of the residents, and was less than 2,000 feet. James Sorensen, consulting broadcast engineer with a Fort Lauderdale firm, presented his credentials, and testified that he had been a witness for the applicant during the formation of the ordinance and stated that the application was 100; in compliance with the City's ordinance in regard to radiation emission standards and the structural tower itself. Mr. Fields stated that the residents would stipulate compliance in those areas and there was no need for Mr. Sorensen's testimony. It was agreed that Commissioner Marcus could present a witness out of order since that witness would not be able to return to another meeting. Richard Howell, City Council Regular Meeting 7/18/96 PAGE 16 mosquito control aerial operator for Palm Beach County, testified to near - collisions at night with towers without lights, and explained how avoiding towers created a void in the spray pattern. Mr. Howell explained that the problem with strobe lights was that a pilot could not determine how far away the light was, and also that they were sometimes placed lower on the tower when they should be at the top. Mr. Howell explained that towers over 200 feet were required to he lit. Attorney Royce clarified with Mr. Howell that the spraying started 30 minutes after sundown, that it too}: three days to cover the whole county, that the proposed tower area was sprayed approximately eight times annually, explained the type of chemicals used, that the chemicals could be sprayed by truck, that the FCC maps were updated periodically, that Mr. Howell knew the location of the towers, and that the spray could drift 1,000 feet to 3,000 feet. Mr. Fields questioned whether the direction of drift could be controlled, to which Mr. Howell responded that it could not. Mr. Howell testified that spray from trucks was not effective compared to spray from aircraft. Attorney Royce questioned whether Mr. Howell could adjust a route in order to direct the City Council Regular Meeting 7/18/96 PAGE 17 drift, to which the response was affirmative. Discussion ensued regarding a date to continue this hearing. Mayor Russo announced that this Public Hearing would be continued to August 1, 1996, to be further continued on that date, probably to August 26, with the time and place to be announced on August 1. No witnesses would be heard on August 1. The applicant was requested to provide recording equipment so that the meeting could be held in a different location with sufficient room. Mr. Fields requested that since he could not attend on August 1 that another representative of Palm Beach Country Estates be approved for that meeting. Councilman Jablin made a motion to continue this Public Hearing to August 1, 1996 at approximately 7:30 P.M. The motion was seconded by Councilwoman Monroe. Councilman Clark announced that if his wife's delivery date occurred on the meeting date that he could not attend, to which Mr. Royce requested that in that event the hearing be delayed. The motion carried by unanimous 5 -0 vote. AWARDING OF BIDS IMPACT FEE CALCULATIONS Councilwoman Monroe made a motion to approve the staff recommendation to award the contract for preparation City Council Regular Meeting 7/18/96 PAGE 18 of technical methodology for impact fee preparation to low bidder James Duncan and Associates in the amount of $18,750. Motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. DEFIBRILLATOR Councilwoman Monroe made a motion to approve the staff recommendation to award the contract for three 12 -lead monitor defibrillators to bidder Physic- Control Corporation in the amount of $20,000. Motion was seconded by Councilman Jablin and carried by unanimous 5 -0 vote. TTEMS RY MAYnR ANTI COUNCIL THAT REQUIRE ACTION VICE MAYOR FURTADO vice Mayor Furtado reported that the Acting Police Chief Dennis O'Rourke had started coaching the softball team, which had won a championship. MAYOR RUSSO Mayor Russo reported that he had attended a point meeting of the School Board which had been a waste of time. CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda as amended. Councilman Jablin seconded the motion, which carried by 5 -0 vote. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 6/6/96 City Council Regular Meeting. City Council Regular Meeting 7/18/96 PAGE 19 2. Approval of Minutes of 6/20/96 City Council Workshop Meeting. 3. Approval of Minutes of 6/20/96 City Council Special Regular Meeting. 4. Approval of Minutes of 6/27/96 City Council Special Regular Meeting. 5. Resolution 98, 1996 - Consideration of Approval to Support a North County Mutual Aid Police and Fire Consortium (NAMAC) Regional Dispatch Center Feasihility Study. 6. Resolution 102, 1996 - Consideration of Approval to authorize the City Manager to File an Application Requesting a Portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds. V. Resolution 104, 1996 - Consideration of Approval of Plat of Hickory Drive. 8. Resolution 105, 1996 - Consideration of Approval of the Replat of Sanctuary, Tracts U- 2. 9. Resolution 106, 1996 - Consideration of Approval of the Replat of Sanctuary, Tract 0- 6. City Council Regular Meeting 7/18/96 PAGE 20 PTIRT TC HEARTNGS : ORDINANCE 11, 1996 Mayor Russo stated that he would not vote on this matter and passed the gavel to the Vice Mayor. Councilwoman Monroe requested that in Section 2 the word should be changed to shall in item 2; that the period be deleted in item 9 to make one sentence; that item 11 read as follows: Prior to C.O. for each lot, all exotic vegetation shall be removed, and prior to the last C.O. any remaining exotic vegetation shall be removed; that wording in item 12 be changed from is removed to are removed, and that the wording shall be planted in the last line be stricken. City Attorney Baird recommended that item 14 be changed to read as follows: Prior to the first C.O., the applicant shall submit for the City Attorney to review the Homeowners Association Covenants and Restrictions, which shall contain provisions which will allow the City to enforce the maintenance of the landscaping pursuant to the City Code, Vice Mayor Furtado declared the Public Hearing open for consideration of Second Reading and Adoption of Ordinance 11, 1996 - Approving an Amendment to the Hidden Hollow PUD for 51 Single Family Residential Dwelling Units and an Extension of Time for Completion of the Development, duly City Council Regular Meeting 7/18/96 PAGE 21 advertised 7/3/96. Hearing no comments from the public, Vice Mayor Furtado declared the Public Hearing closed. Councilwoman Monroe made a motion to adopt Ordinance 11, 1996 on Second Reading by title only. Councilman Clark seconded the motion, which carried by unanimous 4 -0 vote. Councilwoman Monroe made a motion to reconsider Ordinance 11, 1996. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Councilwoman Monroe made a motion to adopt Ordinance 11, 1996 as amended on Second Reading by title only. Councilman Jablin seconded the motYOn, which carried by unanimous 4 -0 vote. The Deputy City Clerk read Ordinance 11, 1996 by title only on Second Reading. RFSOT,UTI ONS RESOLUTION 41, 1996 Councilman Clark reported that interviews had been conducted with John Nedvins and Richard Masters, and the one not appointed at this time would be strongly considered for the next opening. After discussion, Councilman Clark made a motion to approve Resolution 41 with the name of John F. Nedvins inserted into the blank in Section 1. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTION 103, 1996 The City Manager provided background for Resolution City Council Regular Meeting 7/18/96 PAGE 22 103, 1996 -- Consideration of Approval of a Developer's Agreement with Catalfumo Company. Attorney Baird recommended the following additional language be added in paragraph 12 entitled Amendments: In the event staff determines the owner is diligently following through within 90 days of a;ecuticn of this agreement, the City may amend the agreement to reflect the conditions and expectations of the parties at that time. Councilman Clark made a motion to approve Resolution 103, 1996 with the amendment read into the record by the City Attorney, Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. In response to questions by Jeff Lis, City Attorney Baird explained the procedure to be followed in this matter. RESOLUTION 107, 1996 Councilman Clark made a motion to insert the name of Leslie A. Ferris into the blank in Resolution 107, 1996 as a member of the Board of Trustees of the Police Officer's Pension Fund. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES ORDINANCE 13, 1996 Councilman Clary made a motion to place ordinance 13, 1996 - Adopting and Enacting a New Code for the City City Council Regular Meeting 7/18/96 PAGE 23 of Palm Beach Gardens, on First Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. The Deputy City Clerk read Ordinance 13, 1996 on First Reading by title only. ORDINANCE 14, 1996 Following comments by Planning and Zoning Director Walton on Ordinance 14, 1996 - Approving an Amendment to the Comfort Inn (Garden Suites Hotel) Planned Unit Development (Consideration of First Reading and Workshop), discussion ensued regarding definition and enforcement of guest parking. Attorney Mitch Safer, Crawford and Fields, attorney for the Petitioner, introduced others present on behalf of the Petitioner. Attorney Safer reviewed the Petitioner's request and explained that the hotel would be run by occupancy and that meetings of local groups would not be necessary. Donaldson Hearing explained that the ratio of proposed meeting room space was much less than at a hotel such as the Marriott, and that a traffic study at the height of the season had indicated that from 8 A.M. until after 9 P.M. no more than 50; of the parking lot was occupied, and highest occupancy was at 2 A.M. when all hotel guests were in their rooms. Discussion ensued regarding how to resolve the problem. Comments by City Council members included a suggestion that the City Council Regular Meeting 7/18/96 PAGE 24 building be redesigned with a second story to provide more parking, or that the size of the meeting room be reduced so that it would clearly only be used for small meetings by hotel guests. It was the consensus of the City Council to delay further action on this matter to an upcoming meeting. CITY MANAGER City Manager Herakovich announced upcoming union discussions, which were scheduled for July 24. The City Manager reported that detailed .information regarding the referendum would be provided to the City Council; and announced a CAN meeting on July 29. The City Manager announced that two baseball teams would represent the City at the regional level, and could then go to state and national levels. City Manager Herakovich stated a member of one of the teams had requested a $500 donation, which the Council denied. CITY ATTORNEY City Attorney Baird updated the City Council on current cases. ORDINANCE 15, 1996 Councilman Clark made a motion to place Ordinance 15, 1996 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations - on First Reading by title only. Councilman Jablin seconded the motion which carried by unanimous 5 -0 vote. The Deputy City Clerk read Ordinance 15, 1996 on First City Council Regular Meeting 7/18/96 PAGE 25 Reading by title only. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 11:19 P.M. APPROVAL MAYOR JOE RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE { COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: CINDY HARVEY, DEPUTY CITY CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ,OhCOUNTY9 MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS �VI 1 IRS 1 ♦ \VI VII >Itl 1 �. \MF /c ss O V O S �p�,�- .2 NAME Oh HOARD. CUIiN( II , ('UMMIJSIO \, AU I HltRll Y, UK CUMMI'TIEE C t C Q V AI[ INt. MI)RI SS �9 O fo�'r__s / �.../CLZi I Ht HOARD. CO N(•11_ ('(JIMMISSION. AUT HORIV) ost COMMnTEE ON WHICH I SERVE IS A UNn OF qe6 O COUNTY O Ol HER LOCAL. AGENCY C11 ('011 Ty NAME �POI � C A�Z a� tN DATE ON WHICH % )I7�CURKFD y E L MY POSITION IS ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 86 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 completing ,he revere side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective :ounty, municipal, or other local public office N1L'ST .-XBST IN from, oting 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. in either case, you should disclose the conflict: PRIOR TO THE COTE BEING TAKEN by publicly stating. to the as.embly the nature of your interest in the measure on which you are abstaining from voting: and WITHIN IS 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 :ounty, municipal, or other local public office `1UST 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 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 1 HE 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 should be provided immediately to the other members of the agency. • The form should be read publicly a( the meeting prior to consideration of the matter in which you have a ,ontlict of interest. F 64 N - It 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. p n DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. J �°S (� 4� ` S'`� , hereby disclose that on -7 I Z . 19 g_( (a) A measure came or will come before my agency which (check one) �nured to my special private gain; or inured to the special gain of . by whom I am retained. (b) The measure before my agency and the nature of my interest inL the measure is as follows: cj ' � v . '-"j - Date Filed i a ure i 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, RE.N10VAL 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