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HomeMy WebLinkAboutMinutes Council 052192j CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MAY 21, 1992 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 8:00 P.M., in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Acting Deputy City Clerk called the roll and present were Mayor Martino, Vice Mayor Russo, Councilman Aldred, Councilwoman Monroe, and Councilman Kiselewski. ANNOUNCEMENTS Mayor Martino stated the announcements were as posted on the Bulletin Board. CALL FOR BIDS The City Manager stated four (4) bids were received, opened and read March 2, 1992, for the proposed construction of the widening of Burns Road. The City Manager stated the bid being awarded is for Alternate 1A, immediately west of the FEC Railroad to east of Gardens East Drive. The City Manager stated after review of the bids by Lindahl, Browning, Ferrari & Hellstrom, Inc., staff is recommending awarding the bid to Hardrives, Inc. of Delray Beach, in the amount of $1,203,158.60. Councilman Kiselewski made a motion to approve the recommendation of the City Manager and the City Engineer, to award the bid for Alternate 1A, to Hardrives, Inc. of Delray Beach, in the amount of $1,203,158.60; seconded by Councilman Aldred. The motion was unanimously approved by CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 2 the City Council. ITEMS BY THE CITY —MAN=R PROPOSED CONTRACT RIVERSIDE DRIVE The City Manager stated the Council was provided with a proposed contract for the City to purchase from DiVosta and Company, their truss plant and office building located on Riverside Drive for the City's Police and Public Works Departments. The City Manager stated there have been several discussions with Mr. DiVosta re: providing the City with a turnkey operation. The City Manager stated Mr. DiVosta has declined to provide the City with a turnkey operation, however, he still wished to provide a proposal to sell the property to the City. The City Manager stated the City needs to lock -in a firm price on any land or buildings if the Council decides to go out for a bond issue. The City Manager stated with the signing of the contract, the City would put up a $5,000 deposit; however, the City could cancel the contract by 5:00 P.M. on November 30, 1992, and the $5,000 would be returned to the City. In response to Mayor Martino, Attorney Brant stated as he understood the draft, this contract would not prevent the City from looking at other property options. Attorney Brant stated the City will have to obtain 2 appraisals since the purchase price exceeds $500,000. Councilman Russo felt he could not, in good faith, enter CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 3 into this contract for $1,900,000, because he is unsure if this is the best location for the police and public works. Vice Mayor Russo stated he would like to know what the renovation costs would be and also consider the City purchasing property to build their own facility. In response to Councilwoman Monroe, Attorney Brant stated the City, at any time, can state they wish their deposit back, cancelling the contract. Councilwoman Monroe expressed concern over this location being the most appropriate and felt the contract should be reviewed again; determine how much time will be needed to place this issue on the ballot; and, if there is time to look at other alternatives, i.e. purchasing property and v building a new building vs the costs for renovating this building. Councilman Kiselewski felt this was a viable option and felt since there is an immediate problem to get more space for the police department, this should be placed on the November referendum for a decision by the voters. Councilman Kiselewski made a motion authorizing the Mayor and City Clerk to execute the contract with DiVosta and Company with the $5,000 deposit being taken from Council Contingency to hold this option; seconded by Councilman Aldred. Councilman Russo stated although he felt the building was not worth $1,904,000 and was not in favor of signing the CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE w contract, he would vote in favor of this motion. The motion was unanimously approved by the City Council. • LDR DISCUSSION There was a consensus of the City Council to workshop the Zoning Section of the Land Development Regulations at the Workshop Meeting of May 28, 1992. 1992 ANTI -DRUG Councilman Kiselewski made a motion authorizing the Mayor to execute the letter approving the distribution of $699,467 of Fiscal Year 1992 Anti -Drug Abuse Funds for Palm Beach County; seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. EMERGENCY MEDICAL IMITTEE Councilwoman Monroe reviewed her proposal to form an emergency medical committee to review comments from citizens regarding the medical service being received under the City's contract with Inter -City. Councilwoman Monroe stated this committee would furnish information to the Council regarding the Ambulance /EMT /ALS service to Palm Beach Gardens. Councilwoman Monroe stated her proposal would include each councilmember appointing two Palm Beach Gardens residents, one regular and one alternate member, to this Committee. Councilwoman Monroe felt the Committee would have a limited life span of 6 4 months to 1 year, with the Committee reporting to the City Council on a monthly basis. After a 6 month period, the _ Council could revisit this concept to see if it has served CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 5 its purpose. Councilwoman Monroe stated she spoke with Linda Rasmussen, County EMS, who offered her assistance to the City and this Committee, stating County EMS could be utilized by the Committee as a source of information. Councilwoman Monroe stated residents would have to put in writing and document anything to be considered by the Committee. Councilman Kiselewski stated he did not want an advisory board, but a group of people who would sift through the various criticisms being made about the medical service, and pass them on to the City Council for their knowledge. Councilman Kiselewski stated he felt the only time the Committee would need to meet would be when someone submits a complaint or input. Vice Mayor Russo expressed concern having an advisory board for an independent organization that the City has a contract with. Vice Mayor Russo stated he would also want to know whether any of the complaints were justified. In response to Mayor Martino, Attorney Brant stated if the Committee is constituted, they would not find truth or falsity, because they will not have the power to swear witnesses. If the City Council is looking for general information, he doesn't see any interference with the contract. The Committee would not be able to summon the service provider or their representative, because there is no provision for that in the contract. Attorney Brant CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 6 stated anything of any consequence should go before the City Council through the City Manager's office. Councilwoman Monroe stated these would be open meetings where Inter -City could attend. Vice Mayor Russo stated he felt any complaints or input should go through the City Manager and the Council should have a joint meeting with Inter -City and County EMS. Vice Mayor Russo stated he doesn't want an advisory board to do something he was elected to do. Mayor Martino stated the Council has established policy dealing with emergency medical services and when a complaint arises due to service that surrounds this contract, the first stop should be the City Manager's Office. Councilman Aldred made a motion to accept the framework in which Councilwoman Monroe has proposed this Committee and give it a trial run, trial run to end 12/31/92; and the first City Council meeting in January, 1993, the Council can determine if they wish to continue with it; seconded by Councilwoman Monroe. Councilwoman Monroe requested Mr. Brant, if the motion passes, to have his written input to guide this Committee in terms of what is legally acceptable. Attorney Brant stated if he is asked to set up guidelines, he would suggest a resolution outlining the proposal and setting up the guidelines of the board with the Committee CITY COUNCIL REGULAR MEETING, 5/21/92 sunsetting 12/31/92. PAGE 7 Councilman Aldred amended his motion to include a Resolution prepared for the Council to consider at their 6/4/92 meeting; accepted by the second, Councilwoman Monroe. Councilman Kiselewski stated he doesn't have a problem with the proposal, however, expressed concern that the proper amount of time be given for rebuttal to any complaint. Councilman Aldred stated he envisioned the Committee only meeting if there is written comment and presumed that the Committee would immediately provide the information to Inter -City giving them time to gather information. Councilman Kiselewski stated items coming before the Committee must be related to actual incidents, not policies. Councilman Aldred restated his motion, which was seconded by Councilwoman Monroe, directing the City Attorney to prepare a resolution embodying the outline of Councilwoman Monroe's proposal for adoption and that it have a sunset of 12/31/92, to determine whether or not to carry it further than that for the Council's consideration at their Regular Meeting of 6/4/92 . The motion was unanimously approved by the City Council. COUNCILWOMAN MUNROB Councilwoman Monroe stated at the last meeting she expressed concern re: a land use map being distributed by CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 8 the MacArthur Foundation, which has not be approved by the COUNCILMAN KISELEWSKI COUNCILMAN RUSSO MUNICIPAL LEAGUE COMMUNTCATIONS ITEMS BY THE CITY MAWA= SABATELLO CO. City Council. Councilwoman Monroe stated she has learned this map was distributed to the Board of Regents by the Foundation. In response to Councilwoman Monroe, Councilman Aldred stated Mr. Mitchell was to follow up on that issue. Councilman Kiselewski reported attending the MPO meeting this date. Councilman Kiselewski stated he will be out of the country on June 18, 1992, when the next MPO meeting will be held and asked one of the councilmembers to attend in his place. Councilman Russo suggested the City consider advertising for proposals from landowners interested in building a turnkey operation for a police department. Per a consensus of the City Council, this item will be placed on the Council's pending list. Mayor Martino reported there will be a meeting of the Municipal League on May 27, 1992. The City Manager requested direction from the Council in responding to a letter received from the Sabatello Company re: required traffic study for Hidden Hollow PUD time extension. Councilwoman Monroe felt since the Council has required the owners of Palm Beach Gardens Medical Park and Toys 'R CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 9 Us to provide a traffic study before Council considered a time extension, the Hidden Hollow project should also provide an update. Councilman Kiselewski stated he has spoken with Mr. Sabatello re: what he thought the project was and what is being proposed and felt that issue should be settled first. In response to Councilman Kiselewski, Vice Mayor Russo stated he has abstained from discussion on this project, however, he stated there are 56 lots and Mr. Sabatello is planning to build this project similar to the Cypress Hollow project. Mayor Martino stated when the time extension is prepared, the point could be clarified and language could be incorporated into the time extension to satisfy Council. Councilman Aldred stated the Council has begun to establish a policy that traffic impact analysis be updated each time a time extension is entertained and felt this was a good idea. Councilwoman Monroe made a motion that a traffic report and ability to meet the Traffic Performance Standards determination be made prior to approval of any time extension; seconded by Councilman Aldred. Vice Mayor Russo stated he has a conflict as he is an officer of the corporation which owns the Hidden Hollow project and will be abstaining from voting on this motion. CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 10 Mayor Martino stated he did not feel Vice Mayor Russo needed to abstain from voting as the Council was establishing a policy for record and this had nothing to do specifically with the Sabatello Company. Councilwoman Monroe stated she needed to change her motion if that was the case, as the motion was specific to the Sabatello Company. Councilwoman Monroe rescinded her motion, with the Councilman Aldred rescinding his second and made a motion that prior to the approval of any time extensions of any previous development approvals that a traffic study and determination of whether the project can or cannot meet the Traffic Performance Standards be entered into the record; seconded by Councilman Aldred. Vice Mayor Russo stated when the Hunt Club came in for their extension, the Council did not require a traffic study, and questioned when it would be required. Councilman Aldred stated they are basically stating that they are going to do it every time there is an extension. Councilman Aldred stated if this is not done, he would make a motion that at the end of the time frame petitioners would lose the ability for time extensions all together and have to go through the entire process of re- applying. In response to Vice Mayor Russo's question re: if construction has begun, Councilman Aldred stated it could CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 11 u be stated "if there has been no change ". Councilwoman Monroe stated she could accept a two part policy stating, if construction has begun and the project is moving along, she would not have a problem with letting them continue; but, if construction has stopped completely. The Council should consider time extensions on a case to case basis. Councilman Aldred stated he believed such a proposal would not provide enough guidance for staff and would leave staff open to second guessing members of the Council. Vice Mayor Russo stated he felt it should be done on an individual basis. Councilman Kiselewski felt the council should look at two things: 1) is it a residential or commercial project, as far as trip generation is concerned; and, 2) all commercial projects should be evaluated if there is a time extension, and felt residential projects under a certain size need not be reviewed. Mayor Martino stated for the moment he preferred to instruct the staff on a case by case basis. The motion was approved by a vote of 3 ayes and 1 nay. The nay vote was cast by Mayor Martino for reasons previously stated. Vice Mayor Russo abstained from voting as he felt this related to the Sabatello Company. Councilman Kiselewski made a motion for staff to evaluate CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 12 what the County might be able to do and give Council a recommendation on restructuring the motion to give a threshold whereby projects below that could be established that would not require a new traffic study; seconded by Councilman Aldred. The motion was unanimously approved by the City Council. CONSENT AGENDA Councilwoman Monroe requested Resolution 40, 1992, be pulled from the Consent Agenda. Councilman Kiselewski made a motion; seconded by Vice Mayor Russo, to approve the following items on the Consent Agenda: 1. Approval of Minutes of 5/7/92 Regular Meeting, as amended. 2. Approval of Minutes of 5/14/91 Workshop Meeting, as amended. 3. Proclaiming the 1st week of June, 1992, as "National Garden Week ". 4. Proclaiming the month of June, 1992, as "YMCA of the Palm Beaches Month". 5. Proclaiming June 7, 1992, as "National Safe Boating Week". 7. Resolution 41, 1992 - Amending Sections VIII, IV, & XII of the Merit System Rules and Regulations. 8. Resolution 42, 1992 - approving the Plat of "The Oaks -Oaks East- Plat 3111 created by Ordinance 31, 1989. COMMENTS FROM THE PUBLIC William Myers William Myers, 1022 Shady Lakes Circle, addressed the City Council thanking Mayor Martino and Councilman Kiselewski for attending the meeting on Saturday, May 16, 1992 and requested the documents concerning the future land use plan of the City be made known to the public. .._�iny Fraser Danny Fraser, 1087 Bedford Avenue, addressed the City CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 13 Council expressing concern over the new model being built and sold by DiVosta and Company at Lake Catherine at a far lower price than the original model. Mr. Fraser was directed to contact Mr. Walton to review the file on the amendment to the PUD. Councilwoman Monroe requested staff provide the Council with the square footage differential of the models. Heather Edwards Heather Edwards, Assistant Chief, Inter -City, addressed the City Council and offered Inter - City's assistance and cooperation re: proposed Medical Service Committee. The City Manager stated the City has received a fax from Commissioner Marcus verifying the correctness of all information gathered by the City and Inter -City re: Frenchman's Creek incident. RESOLUTIONS RESOLUTION 40F 199T_ Councilwoman Monroe expressed concern with the City providing insurance to a contracted employee. Councilman Kiselewski expressed concern providing the tennis pro with City facilities to run a business. After discussion, and per a consensus of the City Council, the Contract between the City and Tennis Pro was amended to reflect the term of the contract to be June 1, 1992 thru September 30, 1992, so the contract would coincide with the City's Fiscal Year. Councilwoman Monroe made a motion to approve Resolution CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 14 �. 40, 1992, authorizing the Mayor and City Clerk to execute a contract by and on behalf of the City for the employment of a Tennis Professional, as amended; seconded by Vice Mayor Russo. Vice Mayor Russo requested verification by the City Auditor that the City should be deducting taxes from the Tennis Professional's salary. The motion was unanimously approved by the City Council. RESOLUTION Vice Mayor Russo made a motion to approve Resolution 43, 1992, amendment to Resolution 35, 1992, setting forth all terms and conditions currently in effect for development of Prosperity Centre PUD; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTION After discussion, and per a consensus of the City Council, Attorney Brant was directed to amend Resolution 44, 1992, setting forth City Council policy re: "Comments from the Public" to include two parts, 1) allowing 30 minutes for the public speaker under "Comments from the Public for Items Not on the Agenda ", divided by the number of speakers, as provided by the speaker cards submitted to the Mayor before the commencement of the meeting; and, 2) allowing the public to speak to items on the agenda by filling out a speaker card, and indicating the Agenda Item #, which indicates the speaker has 3 minutes to speak with an additional 2 minutes allowed by the discretion of the CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 15 Chairman and provided to the Mayor before the commencement of the meeting, and deleting in Section 1, "on items not on the agenda ". ORDINANCES ORDINANCE 12, 199T- Per a consensus of the City Council, the Acting Deputy City Clerk read, by title only, on first reading, Ordinance 12, 1992, amending Chapter 151 of the Palm Beach Gardens Code by adopting Part III of said Chapter, creating a Concurrency Management System. Per a consensus of the City Council, staff was directed to advertise Ordinance 12, 1992 for second reading and public hearing on June 18, 1992. FINANCE i5-.-T992 In response to Councilwoman Monroe, Mr. Walton stated a traffic report had been received and was acceptable. Per a consensus of the City Council, the Acting Deputy City Clerk read, by title only, on first reading, Ordinance 15, 1992, approving an extension of time for completion of project for Gardens walk PUD, approved by Ordinance 58, 1988. Per a consensus of the City Council, staff was directed to advertise Ordinance 151 1992 for second reading and public hearing on June 18, 1992, and schedule for workshop on June 4, 1992. ORDINANCE 16, 19972- Councilman Kiselewski expressed concern regarding Mr. �. Hanson's letter re: signage. CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 16 Raymond Royce, Petitioner's representative, addressed the ITEMS FOR DISCUSSION ANSPACH EFFORT City Council stating there is a report from Kimley -Horn stating this project met Traffic Performance Standards even before it was amended and the City has received a letter dated May 19, 1992, from Kahart Pinder, City's traffic consultant, stating same. Per a consensus of the City Council, the Acting Deputy City Clerk read, by title only, on first reading, Ordinance 16, 1992, amending Ordinance 58, 1988, which created Gardens Walk, PUD, re: Toys 'R Us. Per a consensus of the City Council, staff was directed to advertise Ordinance 16, 1992 for second reading and public hearing on June 18, 1992, and schedule for workshop on June 4, 1992. Rich Walton, Director of Planning and Zoning, addressed the City Council stating staff has received a request by Young Song, agent for William E. Anspach, requesting approval of a Planned Unit Development in the NorthCorp PCD for the renovation and expansion of a vacant building to be used for the manufacturing of medical equipment. The site consists of approximately 4.77 acres, located mostly on Lot 2 of the West Park Center plat and partially on Lot 2 of the South Park Center plat. The vacant building is a 25,985 square foot outbuilding, most CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 17 �- recently the Northern Telecom Building, which was a research and development company. The applicant is proposing a first phase square footage increase by 7,500 square feet, totalling 33,485 square feet. The ultimate expansion will increase the size of the building by an additional 16,515 square feet, totalling 50,000 square feet. The building will be painted off -white (Benjamin Moore #855) with blue accent trimming (Benjamin Moore #819). Based on the City's current parking requirement, they are required to provide 66 parking spaces and 3 loading spaces and the applicant is providing 66 parking spaces and 4 loading spaces. The second phase requires 32 parking spaces and the applicant is proposing 32 parking " spaces. The Planning and Zoning Commission raised a concern regarding the lack of landscaping along the west elevation of the building if Phase II does not get built and placed a condition requiring the petitioner to return to the Planning and Zoning Commission with a detailed landscape plan including parking lot lighting consistent with the lighting in the Northcorp Center, prior to the issuance of a building permit. The site plan is going to include the realignment of Riverside Drive, which is a requirement of the overall PCD and the owners of the PCD have stated this will e done. The Planning and Zoning Commission recommended a couple of conditions to ensure this will be completed prior to occupancy of the building. CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 1s Mr. Hanson has indicated the ground sign and wall sign both comply with the City sign code. Police, Fire and Forester have reviewed the petition and stated it met applicable codes. The City Engineer, David Getz, recommended that the creation of a unit of development with a special district for the overall surface water management for the PUD be a condition of the approval, also that the property owner and /or successors comply with the DER consent order. The Planning and zoning Commission recommended approval of this petition with 10 conditions. Vice Mayor Russo expressed concern with condition #10, which indicated the petitioner could pull a building permit when the building permit for the construction for Riverside Drive is in place, which doesn't mean Riverside Drive will be built. Vice Mayor Russo felt the City needed to know that the funds were in place, the road in fact is going to be built, and the contracts were let. Mr. Walton stated the intent of condition #10 was to have assurances, however, the Council could reword the condition to provide a better comfort level. Per a consensus of the City Council, staff was directed to amend Condition #10 by deleting "a Building Permit" before "for the construction of Riverside Drive" and inserting "a contract is let ". Councilwoman Monroe requested clarification on Condition #2 and #3, and whether both conditions needed to be CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 19 included in the Resolution. There was a consensus of the City Council to change Condition #8 Councilman Kiselewski expressed concern regarding verification that the signs do in fact meet the sign code and asked that Mr. Hanson confer with Attorney Brant regarding the proposed sign before the next meeting. Young Song, agent for Petitioner, addressed the City Council and stated Dr. Anspach is an orthopedic surgeon and has a manufacturing facility for surgical instruments. Most of the space will be utilized for the manufacturing. This site is larger than needed and a large amount of the budget is for landscaping. Ms. Song reviewed the proposed .� landscaping plan, site plan, design and color scheme and parking plan. Ms. Song stated they are proposing a ground sign at the entrance and one wall sign. Ms. Song stated the Petitioner would like to have the freedom of constructing their building and moving in before the roadway is completed. In response to Councilman Kiselewski, Mr. Walton stated this parcel has less than it's share of trips. Councilwoman Monroe requested before the next meeting, a color rendition showing Phase II; whether the parking is the least intrusive into existing vegetation; and, requested the west elevation be softened. Councilman Kiselewski noted this project would fall under CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 20 t- Art in Public Places if the Petitioner is requesting approval for both phases at this time. Dr. William Anspach addressed the City Council and reviewed the safety concerns re: chemicals being used in manufacturing, and, the medical instruments being manufactured. Tim Crowley of CBT Ventures, addressed the City Council regarding the requirement of the roadway being completed. Mr. Crowley stated 80' of the lot in South Park was purchased by the applicant and a Unity of Title was executed. Mr. Crowley stated the City has a letter of credit for these improvements and their engineer has completed the drawings for the water, sewer and roadways for the entire South Park portion and are prepared to submit plans to Lindahl for their review and approval. If Dr. Anspach gets the approval for Phase I, the entire construction process for the roadway, water, sewer and drainage could take quite a bit longer than the construction improvements for the one portion of the building and petitioner requested to try to work something that would be acceptable to the Council to have temporary access as long as a good faith measure is made, the permits are pulled and the roadway is started, to not hold up the occupancy of the building. Mayor Martino stated the City Council needed to have staff come back with proposed language and see if Council is CITY COUNCIL REGULAR MEETING, 5/21/92 PAGE 21 -- comfortable with the proposal. There was a consensus of the City Council to workshop this item on June 4, 1992 and schedule for public hearing and consideration of approval on the June 18, 1992 agenda. PENDING LIST The City Council discussed the Workshop Pending List and added the Tennis Professional Contract, Amendment to the Environmental Sensitive Lands Ordinance, Library issue, and the joint meeting with County EMS, Inter -City, Staff and the City Council. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:27 P.M. CITY COUNCIL REGULAR MEETING, 5/21/92 APPROVAL Mayor Martino Vice Mayor Russo (Vxa M. Rief Acting Deputy City Clerk PAGE 22 Councilman Aldred Councilwoman Monroe Coun Ximan Kiselewski FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IASINAMI I IRS[ NANII MII)DITNAME NAMEOF BOARD. COUNCIL. COMMISSION, AUIHORITY,ORC'OMMIIIEE 718 usso, Joseph City Council AILING ADI)RI SS THE BOARD, COUNCIL. COMMISSION, AUI HORIII' OR COMMITTEE ON WHICH I SERVE IS A UNITOF: Sheldrake Lane M CITY ❑ COUNTY ❑ 01HER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Palm Beach Gardens Palm Beach Cit .of Palm Beach Gardens DA1'E ON WHICH VOTE OCCURRED MY POSITION IS: May 21, 1992 R ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B 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 the reverse 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 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. 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 voting; 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 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 form should 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. CE FORM XB - 1 -91 PAGE 1 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 of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Joseph Russo , hereby disclose that on May 21 , 19 92— (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: by whom I am retained. I am an officer of the corporatiodwhich owns Hidden Hollow PUD. Date Filed Si NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN( IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 1-91 L PAGE 2