HomeMy WebLinkAboutMinutes Council 0606131 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 h~~WD
5
6 The regular meeting was called to order at 7:00p.m. by Mayor Premuroso.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member
10 Tinsley, Council Member Levy.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 Additions: Consent Agenda, purchase award and agreement to Davco Electrical Contractors
14 Corporation for the furnish and installation of the telecommunications monopole.
15 Deletions: None.
16 Modifications: Public Hearings, Ordinance 5, 2013-PGA Planned Unit Development (PUD) at
17 the last City Council meeting on May 2, 2013, the subject petition was postponed to a date
18 certain of June 6, 2013. At this time, there are outstanding issues regarding the conditions of
19 approval which need to be addressed between the Applicant and staff. Therefore, the Public
20 Hearing will be opened, and any affected persons that may appear be given the opportunity to
21 speak for or against the petition. Ordinance 5, 2013 will be postponed to a date certain of July
22 16, 2013.
23 Vice Mayor Jablin made a motion to accept the additions, deletions and modifications.
24 Council Member Russo seconded.
25 Motion passed 5-0.
26 IV. ANNOUNCEMENTS AND PRESENTATIONS
27 a. RECOGNITION OF PETE BERGEL, FIRE CHIEF, FIRE RESCUE.
28 City Manager, Ronald Ferris, presented ChiefBergel with a Proclamation and Chiefs Ax.
29 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
30 Council Member David Levy: commented that it is nice to have a championship in Miami;
31 attended Palm Beach Gardens High School Graduation and Palm Beach Gardens Ovation
32 Awards.
33 Council Member Marcie Tinsley: thanked staff for the Memorial Day event at Veteran's Park;
34 attended the Parks and Recreation Advisory Board meeting and first golf course renovation
35 workshop; PGA Corridor Association Luncheon; Treasure Coast Regional Planning Council;
36 suggested inviting Kim Delaney to a City Council Meeting to provide an update on the All
37 Aboard Florida Project; attended the Northern Business Before Hours Awards Luncheon.
38 Council Member Joseph Russo: provided an update regarding the Inspector General lawsuit.
39 Vice Mayor Eric Jablin: thanked staff for the Memorial Day Celebration, thanked
40 Congressman Murphy for speaking at the event and for his participation at La Posada, spending
41 time with World War II Veterans.
42 Mayor Robert Premuroso: attended Palm Beach Gardens High School Graduation and Ovation
43 awards; will attend the Historical Society's 54th Year Celebration Luncheon to be held at the
44 Palm Beach Kennel Club June 22, 2013; visited Palm Beach Gardens Elementary School,
45 recognizing 5th grader, Kayla Abramowitz, for her project "Kayla for Kids DVD Drive"; thanked
46 Senator Abruzzo for attending tonight's meeting.
47 Senator Abruzzo requested permission to provide a brief legislative session update to the City
48 Council.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
PAGE 1
I The City Council unanimously approved.
2 Senator Abruzzo congratulated and thanked Chief Bergel and his family for his years of service
3 to the Community; provided legislative session update.
4 VI. CITY MANAGER REPORT
5 The City Clerk read Resolution 39, 2013 by title.
6 a. RESOLUTION 39, 2013-FLORIDA PUBLIC IMPROVEMENT NOTE. A RESOLUTION
7 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
8 AUTHORIZING THE ISSUANCE OF A NOT-TO-EXCEED $1,700,000 CITY OF PALM
9 BEACH GARDENS, FLORIDA PUBLIC IMPROVEMENT NOTE, SERIES 2013A, TO
10 FINANCE THE COST OF CERTAIN IMPROVEMENTS TO THE CITY GOLF COURSE
11 AND A NOT-TO-EXCEED $2,600,000 CITY OF PALM BEACH GARDENS, FLORIDA
12 PUBLIC IMPROVEMENT NOTE, SERIES 2013B, TO FINANCE THE CONSTRUCTION OF
13 A NEW FIRE STATION; AWARDING SUCH NOTES TO STI INSTITUTIONAL &
14 GOVERNMENT, INC., BY NEGOTIATED SALE; FIXING THE DENOMINATION,
15 MATURITY, INTEREST RATE, REDEMPTION PROVISIONS, AND OTHER DETAILS
16 WITH RESPECT TO SUCH NOTES; DESIGNATING THE CITY AS THE PAYING AGENT
17 AND REGISTRAR FOR SUCH NOTES; PROVIDING AN EFFECTIVE DATE; AND FOR
18 OTHER PURPOSES.
19 StaffPresentation: Finance Administrator, Allan Owens.
20 Vice Mayor Jablin made a motion for approval of Resolution 39,2013.
21 Council Member Tinsley seconded.
22 Motion passed 5-0.
23 VII. COMMENTS FROM THE PUBLIC
24 None.
25 VIII. CONSENT AGENDA
26 Mayor Premuruso requested items d. Resolution 42, 2013 and h. purchase award and
27 agreement to Davco Electrical Contractors Corporation for the furnish and installation of the
28 telecommunications monopole be removed from the Consent Agenda and be voted on separately
29 from the consent agenda.
30 City Council unanimously removed items d. and h. as requested.
31 a. APPROVE MINUTES FROM APRIL 4, 2013 CITY COUNCIL MEETING.
32 b. APPROVE MINUTES FROM MAY 2, 2013 CITY COUNCIL MEETING.
33 c. RESOLUTION 38, 2013 -GORDON AND DONER PLAT. A RESOLUTION OF THE
34 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
35 THE GORDON AND DONER PLANNED UNIT DEVELOPMENT (PUD) PLAT;
36 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
37 e. PROCLAMATION PARKS AND RECREATION MONTH.
38 f. PROCLAMATION RECOGNITION OF PETE BERGEL, FIRE CHIEF, FIRE RESCUE.
39 g. PROCLAMATION ETA PHI BETA SORORITY, INC DELTA CHAPTER 23rd
40 BIENNIAL SOUTHEASTERN COUNCIL.
41 Council Member Russo made a motion for approval of the consent agenda without items d.
42 Resolution 42, 2013 and h. purchase award and agreement to Davco Electrical Contractors
43 Corporation for the furnish and installation of the telecommunications monopole.
44 Council Member Tinsley seconded.
45 Motion passed 5-0.
46 Mayor Premuroso abstained from voting on items d. Resolution 42, 2013 and h. purchase
47 award and agreement to Davco Electrical Contractors Corporation for the furnish and installation
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
PAGE 2
1 of the telecommunications monopole, stepped down from the Dias and filled out Form 8B (on
2 file with the City Clerk).
3 The Clerk read Resolution 42, 2013 by title.
4 d. RESOLUTION 42, 2013 -PARKING EASEMENT AGREEMENT. A RESOLUTION OF
5 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
6 APPROVING A RECIPROCAL EASEMENT AGREEMENT BETWEEN THE CITY OF
7 PALM BEACH GARDENS AND ORC03, LLC RELATED TO SITE ACCESS AND
8 PARKING AT THE KLOCK PROPERTY PLANNED UNIT DEVELOPMENT (PUD), AS
9 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE;
10 AND FOR OTHER PURPOSES.
11 Council Member Russo recommended approval to Resolution 42, 2013.
12 Council Member Leyy seconded.
13 Motion passed 4-0.
14 h. PURCHASE AWARD AND AGREEMENT TO DAVCO ELECTRICAL CONTRACTORS
15 CORPORATION FOR THE FURNISH AND INSTALLATION OF THE
16 TELECOMMUNICATIONS MONOPOLE.
17 Council Member Levy made a motion for approval of item h., Purchase award and agreement
18 to Davco Electrical Contractors Corporation for the furnish and installation of the
19 telecommunications monopole.
20 Council Member Russo seconded.
21 Motion passed 4-0.
22 Mayor Premuroso returned to the Dias.
23 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
24 Those preparing to give testimony were sworn in.
25 The City Clerk read Ordinance 5, 2013 by title.
26 a. ORDINANCE 5, 2013-(1st Reading)-PGA PLAZA PLANNED UNIT DEVELOPMENT
27 (PUD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
28 GARDENS, FLORIDA AMENDING ORDINANCE 21, 2002 WHICH APPROVED THE PGA
29 PLAZA PLANNED UNIT DEVELOPMENT (PUD) IN ORDER TO TRANSFER AND
30 AMEND THE SITE PLAN APPROVAL AND RELATED CONDITIONS OF APPROVAL TO
31 A SEPARATE RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE
32 SITE PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY
33 RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A
34 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
35 DATE; AND FOR OTHER PURPOSES.
36 RESOLUTION 20, 2013 IS A COMPANION ITEM TO ORDINANCE 5, 2013 AND WILL
37 REQUIRE COUNCIL ACTION AT SECOND READING.
38 RESOLUTION 20, 2013 -PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD). A
39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
40 FLORIDA AMENDING THE PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD) AND
41 SITE PLAN IN ORDER TO ALLOW A 3,253-SQUARE-FOOT EXPANSION TO THE
42 EXISTING SHOPPING CENTER, MODIFICATIONS TO THE SITE AND LANDSCAPE
43 PLANS, AND CHANGES TO THE EXTERIOR ELEVATIONS OF CERTAIN BUILDINGS,
44 AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING
45 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
46 PURPOSES.
4 7 Mayor Premuroso opened the public hearing.
48 Petitioner: None.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
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1 Staff presentation: None.
2 Public Comment: Judith Holt, 181 Isle Verde Way, Palm Beach Gardens.
3 Mayor Premuroso closed the public hearing.
4 Council Member Russo made a motion to postpone Ordinance 5, 2013 to the City Council
5 meeting of Tuesday, July 16, 2013.
6 Council Member Tinsley seconded.
7 Motion passed 5-0.
8 The Clerk read Resolution 41, 2013 by title.
9 b. RESOLUTION 41, 2013 -AMENDMENT TO THE LEGACY PLACE PLANNED
10 COMMUNITY DEVELOPMENT (PCD). A RESOLUTION OF THE CITY COUNCIL OF
11 THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE MASTER
12 SIGNAGE PLAN FOR THE COMMERCIAL PORTION OF THE LEGACY PLACE
13 PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY
14 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
15 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
16 Petitioner: Mark Greenspan, Director Design and Construction of Miami Children's Hospital
17 StafiPresentation: Planner, Peter Hotbeinz
18 Mayor Premuroso opened the public hearing.
19 Public Comment: None.
20 Mayor Premuroso closed the public hearing.
21 Vice Mayor Jablin made a motion to approve Resolution 41, 2013.
22 Council Member Levy seconded.
23 Motion passed 5-0.
24 Mayor Premuroso abstained from voting on Ordinance 8, 2013, stepped down from the Dias
25 and filled out Form 8B (on file with the City Clerk)
26 The Clerk read Ordinance 8, 2013 by title.
27 Vice Mayor Jablin asked for any exparte.
28 Exparte: Council Member Levy, yes.
29 c. ORDINANCE 8, 2013-(1ST READING) KLOCK PROPERTY PUD AMENDMENT. AN
30 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
31 FLORIDA ADOPTING A SMALL-SCALE AMENDMENT TO ITS COMPREHENSIVE
32 DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN
33 CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ.,
34 FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPSS-13-01-000004, WHICH
35 PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP
36 DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING
37 APPROXIMATELY 3.01 ACRES IN SIZE, MORE OR LESS, AS "PROFESSIONAL OFFICE
38 (PO)"; SUCH PARCEL BEING LOCATED ON THE NORTH SIDE OF BURNS ROAD
39 GENERALLY LOCATED 1,200 FEET EAST OF THE INTERSECTION OF NORTH
40 MILITARY TRAIL AND BURNS ROAD; PROVIDING FOR COMPLIANCE WITH ALL
41 REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR
42 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
43 (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
44 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
45 PURPOSES.
46 Petitioner: Brian Cheguis, Cotleur and Hearing.
47 Staff Presentation: None.
48 Vice Mayor Jablin opened the public hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-B
PAGE 4
1 Public Comment: None.
2 Vice Mayor Jablin closed the public hearing.
3 Council Member Levy made a motion for approval of Ordinance 8, 2013 on 1st Reading.
4 Council Member Tinsley seconded.
5 Motion passed 4-0.
6 Mayor Premuroso abstained from voting on Ordinance 9, 2013, stepped down from the Dias
7 and filled out Form 8B (on file with the City Clerk).
8 The Clerk read Ordinance 9, 2013 by title.
9 d. ORDINANCE 9, 2013-(1ST READING) AMENDING THE KLOCK PROPERTY PUD.
10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
11 FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS
12 OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (I) PARCEL OF
13 REAL PROPERTY TOTALING 3.01 ACRES IN SIZE, MORE OR LESS, LOCATED ON
14 THE NORTH SIDE OF BURNS ROAD APPROXIMATELY 1,200 FEET EAST OF THE
15 INTERSECTION OF NORTH MILITARY TRAIL AND BURNS ROAD, WITH A STREET
16 ADDRESS OF 4215 BURNS ROAD, KNOWN AS THE KLOCK PROPERTY PLANNED
17 UNIT DEVELOPMENT (PUD); PROVIDING THAT THIS PARCEL OF REAL PROPERTY,
18 WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE
19 CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY
20 WITH AN UNDERLYING ZONING DESIGNATION OF PROFESSIONAL OFFICE (PO);
21 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE
22 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
23 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
24 FOR OTHER PURPOSES.
25 RESOLUTION 34, 2013 IS A COMPANION ITEM TO ORDINANCE 9, 2013 AND WILL
26 REQUIRE COUNCIL ACTION AT SECOND READING
27 RESOLUTION 34,2013 AMENDMENT TO THE KLOCK PROPERTY PLANNED UNIT
28 DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
29 PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE KLOCK
30 PROPERTY PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO ALLOW A
31 38,378-SQUARE-FOOT MEDICAL OFFICE BUILDING, AS MORE PARTICULARLY
32 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
33 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
34 Vice Mayor Jablin asked for any exparte.
35 Council Member Levy, yes.
36 Vice Mayor Jablin opened the public hearing.
3 7 Public Comment: None.
38 Vice Mayor Jablin closed the public hearing.
39 Council Member Levy made a motion for approval of Ordinance 9, 2013 on 1st Reading.
40 Council Member Tinsley seconded.
41 Motion passed 4-0.
42 Mayor Premuroso returned to the Dias.
43 The Clerk read Ordinance 10, 2013 by title.
44 e. ORDINANCE 10, 2013-(1ST READING) REZONING THE CITY HALL MUNICIPAL
45 COMPLEX. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
46 GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE
47 CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF
48 ONE (1) PARCEL OF REAL PROPERTY TOTALING 54.64 ACRES IN SIZE, MORE OR
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
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I LESS, LOCATED ON THE SOUTHEAST CORNER OF NORTH MILITARY TRAIL AND
2 JOHNSON DAIRY ROAD AT 10500 NORTH MILITARY TRAIL, MORE COMMONLY
3 REFERRED TO AS THE CITY HALL MUNICIPAL COMPLEX PUD AND MORE
4 PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE SUBJECT PARCEL
5 SHALL BE REZONED AS PUBLIC OR INSTITUTIONAL (P/I) WITH A PLANNED UNIT
6 DEVELOPMENT (PUD) OVERLAY ZONING DESIGNATION; PROVIDING THAT THE
7 ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
8 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
9 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
10 PURPOSES.
11 RESOLUTION 40, 2013 IS A COMPANION ITEM TO ORDINANCE 10, 2013 AND
12 WILL REQUIRE COUNCIL ACTION AT SECOND READING.
13 RESOLUTION 40, 2013 --REZONING THE CITY HALL MUNICIPAL COMPLEX. A
14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
15 FLORIDA APPROVING THE CITY HALL MUNICIPAL COMPLEX PLANNED UNIT
16 DEVELOPMENT (PUD) WITH MODIFICATIONS TO THE. SITE PLAN TO ALLOW A
17 PUBLIC SAFETY COMMUNICATIONS MONOPOLE 120 FEET IN HEIGHT, AS MORE
18 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
19 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
20 Mayor Premuroso asked for any exparte.
21 Exparte: Council Member Levy, yes; Council Member Tinsley, yes; Council Member
22 Russo, yes; Vice Mayor Jablin, yes; Mayor Premuroso, yes.
23 Petitioner: None.
24 Staff Presentation: Planner, Peter Hotbeinz; Police Chief Stephen Stepp.
25 Mayor Premuroso opened the public hearing.
26 Public Comment: None.
27 Mayor Premuroso closed the public hearing.
28 Vice Mayor Jab lin made a motion for approval of Ordinance 1 0, 2013 on 1st Reading.
29 Council Member Tinsley seconded.
30 Motion passed 5-0.
31 The Clerk read Ordinance 7, 2013 by title.
32 f. ORDINANCE 7, 2013 -(2nd READING AND ADOPTION) -FRANKLIN ACADEMY
33 REZONING AND PUD AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF
34 THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL
35 PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH
36 GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 9.42
37 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTH SIDE OF HOOD ROAD
38 APPROXIMATELY ONE-QUARTER (114) MILE EAST OF THE INTERSECTION OF
39 HOOD ROAD AND THE FLORIDA TURNPIKE, WITH A STREET ADDRESS OF 5651
40 HOOD ROAD, TO BE KNOWN AS THE FRANKLIN ACADEMY PLANNED UNIT
41 DEVELOPMENT (PUD); PROVIDING THAT THIS PARCEL OF REAL PROPERTY,
42 WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE
43 CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY
44 WITH AN UNDERLYING ZONING DESIGNATION OF MIXED USE DEVELOPMENT
45 (MXD); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH
46 GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A
47 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
48 DATE; AND FOR OTHER PURPOSES.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
PAGE 6
1 Mayor Premuroso asked for any exparte.
2 Exparte: Mayor Premuroso, yes.
3 Petitioner: Ken Tuma, Urban Kilday Design Studio.
4 Staff: Senior Planner, Kathryn DeWitt.
5 Mayor Premuroso opened the public hearing.
6 Public Comment: Barbara Newhouse, 6140 Brandon Street, Palm Beach Gardens; Ken
7 Newhouse, 6140 Brandon Street, Palm Beach Gardens; Bill Kist, 13265 Touchtone Court, Palm
8 Beach Gardens; Clare Roden, 12911 Briar Lake Drive, Palm Beach Gardens; Sandra Foland,
9 5631 Whirlaway Rd., Palm Beach Gardens; Ivy Bernardo, 621 Hudson Bay Drive, Palm Beach
10 Gardens; Monica Garcia, 4380 Butternut Street, Palm Beach Gardens; Richard Moreno, 26
11 Winnebago Rd. Sea Ranch Lakes; Gail Eder, 6944 Briarlake Circle, Palm Beach Gardens;
12 Ginny Spingarn, 121 Tranquilla Drive, Palm Beach Gardens; Michele Francis, 37000
13 Porto fino Cr. 101, Palm Beach Gardens.
14 Vice Mayor Jablin made a motion for approval of Ordinance 7, 2013 on 2nd Reading and
15 adoption.
16 Council Member Russo seconded.
17 Motion passed 5-0.
18 The Clerk read Resolution 28, 2013 by title.
19 RESOLUTION 28,2013 IS A COMPANION ITEM TO ORDINANCE 7, 2013 AND WILL
20 REQUIRE COUNCIL ACTION.
21 RESOLUTION 28, 2013 -FRANKLIN ACADEMY REZONING AND PUD AMENDMENT.
22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
23 FLORIDA APPROVING THE FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT
24 (PUD) AND SITE PLAN AND MAJOR CONDITIONAL USE IN ORDER TO ALLOW A
25 1,340-STUDENT CHARTER SCHOOL, AS MORE PARTICULARLY DESCRIBED
26 HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL;
27 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
28 Mayor Premuroso asked for any exparte.
29 Exparte: Mayor Premuroso, yes.
30 Mayor Premuroso opened the public hearing.
31 Petitioner: None.
32 Staff: Director of Planning and Zoning, Natalie Crowley announced the tum lanes will be
33 constructed in the beginning of the project.
34 Public Comment: None.
35 Mayor Premuroso closed the public hearing.
36 Council Member Russo made a motion for approval to Resolution 28, 2013.
37 Vice Mayor Jablin seconded.
38 Motion passed 5-0.
39 Council Member Russo abstained from voting on Resolution 36,2013, stepped down from the
40 Dias and filled out Form 8B (on file with the City Clerk).
41 The Clerk read Resolution 36, 2013 by title.
42 g. RESOLUTION 36, 2013 -AMENDMENT TO PGA NATIONAL COMMERCE PARK
43 PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
44 GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PGA COMMERCE PARK
45 PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW A 1,140-STUDENT CHARTER
46 SCHOOL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS;
47 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND
48 FOR OTHER PURPOSES.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
PAGE 7
1 Council Member Tinsley asked ifMr. Dan Shalloway is involved with this project?
2 Don Hearing, Cotleur and Hearing, answered no.
3 Vice Mayor Premuroso asked for any exparte.
4 Exparte: Council Member Leyy, yes; Council Member Tinsley, yes; Vice Mayor Jablin,
5 yes; Mayor Premuroso, yes.
6 Mayor Premuroso opened the public hearing.
7 Petitioner: Don Hearing, Cotleur and Hearing.
8 StaffPresentation: Director of Planning and Zoning, Natalie Crowley.
9 Public Comment: Ed Chase, 3402 Gardens East Drive, Palm Beach Gardens; Kenneth Kahn,
10 360 Hiatt Drive, Palm Beach Gardens; Frank Biden, 15 Ridge Blvd., Ocean Ridge; Bob
11 Hodgson, 41 Greenpoint Circle, Palm Beach Gardens; Jim Martini, 417 Fornseca Way, Palm
12 Beach Gardens; Mary Jo Pompeo, 100 Devonshire Way, Palm Beach Gardens; Steven
13 Friedman, 24 Bermuda Drive, Palm Beach Gardens; Rosaria Garofalo, 8647 Wakefield Drive,
14 Palm Beach Gardens; Michael Falk, 105 Woodsmuir Ct., Palm Beach Gardens; Betsy Savery,
15 12300 N. AlA, Palm Beach Gardens; Charles Bender, 122 Thornton Drive, Palm Beach
16 Gardens; Lauren Hollander, 803 Floret Drive, Palm Beach Gardens; Jennifer Arsenault, 5809
17 Sea Biscuit Rd., Palm Beach Gardens; Joan Altwater, 9180 Cypress Hollow Drive, Palm Beach
18 Gardens; Anita Carbone, 11 Thurston Drive, Palm Beach Gardens; Sean Houlihan, 8095
19 Batista Way, Palm Beach Gardens; Amir Kanel, 8332 Man-0-War, Palm Beach Gardens; ???
20 no card Mark Rodberg 214 Cortez Road, West Palm Beach; Jay Mikosch, 1424 39th Street,
21 West Palm Beach; Sandra Foland, 5631 Whirlaway, Palm Beach Gardens.
22 Mayor Premuroso closed the public hearing.
23 The applicant withdrew the application.
24 X. RESOLUTIONS
25 None.
26 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
27 None.
28 XII. CITY ATTORNEY REPORT
29 None.
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
PAGE 8
1 XIII. ADJOURNMENT
2 Mayor Premuroso made a motion to adjourn.
3 Council Member Tinsley seconded.
4 Motion passed 5-0.
5 The meeting adjourned at 11:22 p.m.
6 The next regularly scheduled City Council meeting will be held July 16, 2013.
7 APPROVED:
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40 Patricia Snider, CMC
41 City Clerk
42
43
Marcie Tinsley, Council Member
David Levy, Council Member
44
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47
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
06-06-13
PAGE 9
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
..,............,._, COMMISSO'-l, AlJTI-ICRilY, OR COMMITTEE
C:.--vAJC£ L
ll'EI'DliRD, 'COMMISSIOO, AUTHORITY OR COMMITTEE ON
I SERVE IS A lNT OF:
0 COlHTY 0 OI1£R LOCAL N2iE1'K:'f
DATE ON WHICH VOTE OCCURRED UY POSfT1CW IS:
0 APPOINTIVE
WHO MUST ·fiLE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to membefs of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Stab.ttes.
Your responsibilities under the law when faced with voting on a measure in which you have a contlict 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
A .peiSOil holding elective or appointive CIOUIIIv~ ma.ricipal, or olhec local pui:Jiic oftice MUST ABSTAIN from voting on .a measure which
inures to his or her special private gain or toss. Each elected or appointed local officer also is prohibited from knowin~ voting on a mea-
sure which inures to the special gain or lass of a principal (olher than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is Jetained); to the special private gain or Joss of a relative; or
to the special private gain or loss of a business associate. Commissioners of COIIliilOOity redevelopment agencies under Sec. 163.356 or
163.357, F.S., and offi<!ers of independent special tax cistricts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this Jaw, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and dau~ter-in-law. A "business associate .. means any person or entity engaged in or canying on a business
enterprise with the officer as a partner. joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
• .. • • • • • • • • • • • • •
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must cisclose 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; tmd
WITHIN 15 DAYS AFTER THE VOTE OCCURSbycompletingandtifing1his ·formwith the person responsible for recording the min-
utes of the meeting, who should incorporate the form in 1he minutes.
• • • • • • • • • • • • • • • •
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you othenrise may participate in these matters. However, you
must disclose the nature of the conflict before making 81f1J auempt to inluence the decision. whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE t>ECtS\ON PRtOR TO THE MEETING AT \NHiCH THE VOTE Wlll BE
TAKEN:
• You must complete and file this form (before making 81f1J attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who wift incorporate fhe fbrm in fhe minutes. (Continued on other side J
CE FORM 88 -EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
.-A-copyd1he-bm ·IYIIIRb&~ilrl!f!~~~-~-~~~-~.~: ..
• The fonn must be read publicfy at the next meeting after the fclrm is tiled.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the ncm.e of your con11ict in the measure before participaling.
• You must complete the form and file it within 15 days after the vote oa:urs with the person responsible for recording the minutes of the
me:~gg.,wbqmu~_in,c~-.the.form.in-the-rninutes: Acopy-of-the-fomt.mustbe-pruvide<Hmme<iatefy -to-fhe·other-membet"$-of-the-
agency, and the form roost be read publicly at the next meetmg after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER•S INTEREST ·
I, t6t~"-l,~StS _ .hereby cisclose1hatt!IJ'-----~....!~;._6-'-_______ _. 20 /.3 :
(a) A measure came or wiH come before my agency which (check one)
inured to my special private gain ot" loss;
inured-to the special gain or loss of my business associate, ____________________ _
inured to the special gain or loss of my relative,------------------------
inured to the special gain ot"loss of----------------------------' by
whom I am retained; or
inur~d to the special gain ot" loss of ____________________ ....... ~ ___ __. which
is the parent organization or subsidary of a priqaJ. which has retained me .
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
}(pl.;_ f ,"r .1r <--~ 6{,.. 't lS'of f "Y ... , rH-(I,.. f..et _o "" ~ ,_ AW ..f.
::r {AJt:.. /:., oo.v~ ~-nL/ o.t-~«-1~ weft-~ A-1f i ~-+ ~~
'*'-~ £.-.. afJ..~ "'vcy~~ {t>r.lr~,.,.az. '~r .2.of3J
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUlES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPlOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 66-EFF. 112000 PAGE2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
Q OTJ-ER LOCAL~
, MY POSJTIC»f IS:
Q APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or olher local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of acMsoly and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Stallltes.
Your responsibilities under the law when faced with voting on a measure in which you have a contlict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose 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
A peiSOil holding elective or appointive ·oounl¥~ municipal, or olhel" local pulllic oGice MUST ABSTAIN from voting .on a measure which
inures to his or her special private gain or loss. Each elected or appointed local ollicec also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or foss of a principal (olher than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is relained); to the special private gain or loss of a relative; or
to·the special private gain or loss of a business associate. ColnnVssionen> of COIIIIIltmily redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax <islricts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mo1her, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and dau~ter-in-law. A "business associate• means any person or entity engaged in or canying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * .. * .. * ... * .. * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must <isc1ose the conftict
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 complefing and filing this form wilh the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the mnutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the sifuations described above, you othenrise may participate in these matters. However, you
must disclose the nature of 1he conflict before making any attempt to inluence 1he decision, whether oraly or in writing and whether made
by you or at your direction.
lF YOU INTEND TO MAKE ANY ATTEMPT TO tNA..UENCE THE DECtSK>N PRtOR TO THE MEETING AT \NHtcH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to inHuence the decision} with the person responsible for recording the
minutes of 1he meeting, who will incorporate the fonn in the minutes. (Continued on other side J
CE FORM 88-EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
. .-A-copy-of-1he-fonn ·must~~inllfl~~~-~~~~-~-~:.
• The form must be read publicly at the next meeWl9 after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFlUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conftict in the measure before participating_
• You must complete the form and file it within 15 days after the vote oa:urs with 1he person responsible for reconing the minutes of the
me~ .. wb~mi.(~.~QfP9r«e-the.form-in-thennutes: Acopy-of-the-fofm-mustbeprovided-immeciatefy-to-the-other-members-of-the -
agency, and the form roost be read publicly at 1M! next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST ·
I, ,!tsW~cO'D .. hereby dsdose thatQR._____,_ ...... ..z{).,.J4.....;6;.____.._.__'------'' 20 /.3 :
(a) A measure came or wiH come before my agency which (check one)
inured to my special private gain Of" toss;
inured to the special gain or loss of my bUsiness associate. ____________________ _,
inured to the special gain or loss of my relative,------------------------
inured to 1he special gain OJ" loss of __________________________ _, by
whom I am retained; or
inur~d to 1he special gain Of" loss of _________ __._ __________ ......... ____ _. which
is 1he parent organization or subsi<iary of a prinq,al. which' has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
fitth~f t; A-CNS~ .1~, eyl']~ I (J'tf-U--.tf~ ~A~J ~~
:;:-{AVC Pt~~<J k? w~~ VJdf,.../k. ~~Cf~f-r~ "''1
h:..w .H.~ CM1.AZAry -(or~c.e-?r .zot3j
?----
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES.§112317. 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 SAtARY, REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM SB -EFF. 112000 PAGE2
FORMSB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC ·OFFICERS
LAST/4ME---FIR5r NAME£~ f E t£ f'r:l'1-u~ ,j' ~ HAUECF Z.r,~<XlM~ ~. 00 CX>MMITIEE
A.-1 ,., Ct {;
MAILING ADDRESS ' 11-E BOIIR:\ r-rv ..'r-11 COMMJSSION, AUTI-ORITY 00 COMMITTEE ON 'f~1'1 ;N,.J~oJ,(, c;A.~ N I I ~!SERVE IS .AlNT a=:
CITY I(;~ ~~ ClTY D COlNlY D Oll-ER LOCAL M3ENOf
NAMECFPnmCAL~~.~~~'""\ ~ ~kN..J'
DATE ON Wrr1':~ OCCURRED MY f'OSfTD'.f IS:
)( ELECTIVE · I 6 I:J D APPOINTIVE
I
WHO MUST flLE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to membefs of advisory and non-acfvisoty bodies who are presented with a voting
conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced wi1h voting on a measure in which you have a conttict 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 COMPUANCE WITH SECTION 112.3143, FLORIDA STATUTES
A .pelSOn holding elective or appointive ·couniv~ naricipal, m olhec local pulllic oGice MUST ABSTAIN from voting on .a measura which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowin~ voting on a mea-
sure which inures to the special gain or ross of a principal (olher than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is relained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commssioners of COfl1lllmity redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax <isb:icts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's falher, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and dau~ter-in-law. A "business associate .. means any person or entity engaged in or carrying on a business
enterprise wi1h the officer as a partner. joint venturer. coowner of property. or corporate shareholder (where the shares of the corporation
are not listed on any national or re{jonal stock exchtnge).
* * * • • .. .. • • * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations desaibed above, you must lisclose 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; snd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing 1his form with 1he person responsible for recording the min-
utes of the meeting, who should incorporate the form in 1he minutes..
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in fhe sifualions described above, you ofhecwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to i:dluence 1he decision. whether oraUy or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT T01NA..UEttCE THE DECISK>N PRtOR TO THE MEETING AT \NHiCH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) wi1h the person responsible for recording the
minutes of the meeting, who wift incorporafe the form in the minutes. (Continued on other side J
CE FORM 88 -EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
-• A-copy-of·1hefonn -mustbe-~imm~~lp-~~-~~~~ ~:,
• The form must be read publicly at lhe next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally 1he nature of your conllict in 1he measure before participating_
• You must complete 1he form and file it wilhin 15 days after 1he vote oa:urs wilh lhe person responsible for reconing 1he minutes of lhe
me~ng., wi:JQ,m!l~~OI'p9r-ete ,lheform.in-tfte-lllinute&, Aeopy-of:.tfteform.IIIIIStbeproYided-immedatefy-to-fhe-other·mefllbeffl-of·the· ·
agency, and 1he form must be read publicly atlte next meeting after 1he fonn is filed
I,
DISCLOSURE OF LOCAL OFACER'S INTE:T
~()~ ~~ .herebytiscfoselhaton .. _____ /-#-/_i__6 _______ ,20 /..:J :
(a) A measure came or wiH come before my agency which (check one)
inured to my special private gain cw loss;
inured to 1he special gain or loss of my business associale, ____________________ _,
inured to 1he special gain or loss of my relative,------------------------
inured to 1he speciat gain or·loss of---------------------------' by
whom I am retained; or
inur~d to 1he special gain or loss of ____________________ ......... ......., ___ __. which
is 1he parent organization or subsidary of a principal which has retained me_
(b) The measure before my agency and the nature of my conflicting interest in lhe measure is as follows:
A,plr~.f (f .. It ~if'~~ If Atf ~~ .. .,,4(., / JJ'f-~_,.,tferd' 1-/fN~ ~~
:r A AVe ~~,J It~ I/O(., L,.rle";t 14.-e '"','#-~~~ ... r ~~· 1"\ 'I ~
trlft~ ~~ ~ (/k~ele~h~ l.f2, :lor 3)
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES .§112..317 , 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 OFFJCE OR EMPlOYMENT. DEMOTION. REDUCTION IN SAtARY, REPRIMANO. OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM BB -EFF. 1/2000 PAGE2
---------------------------------------------------------------------------------
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
ll-EB:>MO, CCUCL, . ISSION, ~fTY 00 COMMITTEE ON
I SERVE IS A lHT OF: ,.,,
crrv OcotMJY 0 on£R LOCALN2ENC'f
DATE ON WHICH VOTE CX:CURRED
B.ECTIVE 0 AF'POINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of ad\lisoty #MKf non-advisoty bodies who are presented with a wting
conflict of interest under Section 112.3143, Aorida Stalutes.
Your responsibilities under the law when faced with voting on a measure in which you have a contlict 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
A .pesson holding elective or appointive COUIII¥'~ municipal, or olher local pufllic alice MUST ABSTAIN from voting on .a measure which
inures to his or her special private gain or loss. Each elected or appointed local ollicer" also is prohibited from knowin~ voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principat by which he or she is retained); to· 1he special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of COflliiUlily redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax <istricts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-taw,
•• mother-in-taw, son-in-taw, and dau{tlter-in-taw. A "business associate" means any person or entity engaged in or canying on a business
enterprise with the officer as a partner. joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional Stock exchange).
... * ... * ... ... • • • ... • * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must <isclose 1he conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nallwe of your interest in the measure on which you
are abstaining from voting; snd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing tis form wilh the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must absmm from voting in the sifualions described above, you othemise may patticipate in these matters. However, you
must disclose the nature of the conflict before malcin9 any attempt to inlluence the decision, whether oraDy or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO tNfUJENCE THE f>ECtS\ON PRtOR TO THE MEETING AT VIIHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) wilh the person responsible for recording the
minutes of 1he meeting, who wiff incorporate 1he funn in fhe minutes. (Continued on ofher side)
CE FORM 88-EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
. • A-copy-of1he-fonn ·must~~~~~~!!"~-~ ~ ~~-~ ~~'
• The form must be read publicly at the next meetng after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of yOlK conllict in the measure before JBticipating.
• You must complete the form and file it within t5 days after: the vote occurs with the person responsible for reconing the minutes of the
me~llQ; .. wbo:m~~illf.:~the-fonn.in-thel'llinute& Acopy.ot.fhe.fomt-must-fle-provided-immediatefyto-the-other-members-ofthe
agency, and the form must be read publicly at 1he next meeting after the fonn is filed.
I,
! DISCLOSURE OF LOCAL OFRCEWS INTEREST·
flU tJ:..~cl;s.) .hereby dsciOsethat•~----~.A.ii-..;.. 6 ______ _.. 20 /3 :
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associale•---------------------
inured to the special gain or loss of my relative,------------------------
inured to the special gain or loss of'---------------------------• by
whom I am retained; or
inur~dto the special gain or loss of _____________________ .......... __ ~...__. which
is the parent organization or subsidiary of a priqal which has retained· me.
(b} The measure before my agency and the nature of my confticting interest in the measure iS as follows:
Date Filed Signalure
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 86 • EFF. 112000 PAGE2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
IWIECF~ ~ ~UISSDI, AI.JTHORilY, OR COMMITTEE
L.. o (//<../ c..;t-
lHE BOMO, CCUCil, COMMISSION, Al.JTI-K)RfTY OR COMMITTEE ON
W«:H I SERVE IS AlNT CF:
~-+~--~~------------~------------~~--~ a~ aon£R~~
~ ~ c~tac-:::S
a APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-ac:Msory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a contlict of interest will vary greaUy 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
A .person holding elective or appointive cot.lldV. naricipat, or other local public oftice MUST ABSTAIN from voting on .a measure which
inures to his or her special private gain or loss. Each elected or appointed local ollicer also is prohibited from knowin~ voting on a mea-
sure which inures to the special gain or foss of a pfincipat (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by whidl he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special a <lstricts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's falher, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and dausjlter-in-law. A "business associate .. means any person or entity engaged in or canying on a business
enterprise with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchangel. .. * .. .. .. • • • • .. .. * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must cisclose 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 1his form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
* * * * * * * .. .. .. .. .. .. .. * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otheiWise may participate in these matters. However, you
must disclose the nature of the conftict before making eny attempt to irdluence the decision, whether oraRy or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE AKV ATTEMPT TO tHF\..UENCE THE DECtSK>N PRtOR TO THE MEETING AT \1\11-HCH THE VOTE WILL BE
TAKEN:
• You must 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 wiff incorponlfe fhe form in fhe minutes. (Continued' on ofher side)
CE FORM 88-EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
· .-A-1:opy-of-1he-fomt-must-b&~~"!di~e.,_to_~-~-~9!~.~:.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your contlict in the measure before participating.
• You must complete the form and file it within 15 days after; the vote occurs with 1he person respo11Sib1e for recorcing the minutes of the
meettng., wbo:mu~~QIPOf-ete:the-form.in-the-IRnutes: Acopr-of.hJ-fomt-must-fJe -pRMdecHmmecialefy-to-fte-other·membefs-of-the
agency, and the form JmSt be read publicly allte next meeling after the fonn is tied..
DISCLOSURE OF LOCAL OFFICER•s INTEREST·
l,_f&~o:::..::C~oo.:~i~/)~:....;'!f:.....-_f<.....;::..._ ... _~_v_r:;.e_c:> ___ herebydisdosethat _.'--_ __..,~.~~-...;:;..~...,_, -----~·20 ~:
(a) A measure came or wiH come before my agency which (check one)
inured to my special private gain Of' loss;
inured to the special gain or loss of my business associate•-------------------~
-inured to the special gain or loss of my relative.-----....,-----:------.:---...,..,.-------'
.pc. "'"""''" ... """""..., arloss at 1J f_r ;. ~T r.v)!O Jb cv •J:. ~ <?> 1.:¥ 14-~~"'.!JI"-. by
whom 1 am retained; or Q--sht£7
inur~d to the special gain or loss of _____________________ ....... ___ __. which
is the parent organization or subsiciary of a pri~al which has retained me.
(b) The measure before my agency and the nature of my contlicting interest in the measure is as follows:
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES .§112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNfSHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN Sp.Jl_AAY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B -EFF. 1/2000 PAGE2