HomeMy WebLinkAboutMinutes Council 0716131 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 July 16, 2013
5
6 The regular meeting was called to order at 7:02p.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 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. LEGISLATIVE UPDATE FROM MAT FORREST, BALLARD PARTNERS.
16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
17 Council Member David Levy: attended the Florida League of Cities Meeting and was
18 reappointed to the Water Resources Task Force.
19 Council Member Marcie Tinsley: attended the North Chamber Breakfast Before Hours event;
20 North County Economic Advisory Board, will attend the All Aboard Florida Meeting, Thursday,
21 July 18th, on behalf of Vice Mayor Jablin.
22 Council Member Joseph Russo: provided an update to the Inspector General Law Suit.
23 Vice Mayor Eric Jablin: thanked Council Member Russo for his efforts regarding the Inspector
24 General Law Suit; provided information on the upcoming All Aboard Florida Meeting and
25 thanked Council Member Tinsley for attending on his behalf.
26 Mayor Robert Premuroso: attended the City's 54th Birthday celebration event held at the Palm
27 Beach Kennel Club; provided a baseball update; thanked staff, the City Manager and Council
28 Members for getting the financing for the golf course and fire station.
29 VI. CITY MANAGER REPORT
30 The City Manager recognized the Fire Explorers, Volunteer Fire Fighter EMTs and Police
31 Explorers.
32 The Clerk read Resolution 43,2013 by title.
33 a. RESOLUTION 43, 2013 -SET TENTATIVE MILLAGE RATE. A RESOLUTION OF
34 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING
35 A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF PALM BEACH
36 GARDENS FOR FISCAL YEAR 2013/2014; SEITING THE DATE, TIME, AND PLACE OF
37 THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
38 PURPOSES.
39 Staff presentation: Finance Administrator, Allan Owens.
40 Comments by the public: None.
41 Council Member Levy made a motion to approve Resolution 43,2013.
42 Council Member Tinsley seconded.
43 Motion passed 5-0.
44 VII. COMMENTS FROM THE PUBLIC
45 Steve Mathison, 5606 PGA Blvd., Palm Beach Gardens; Diana Reese, 205 S. Dixie Highway,
46 West Palm Beach; Barbara Grossman, 161 Thornton Drive, Palm Beach Gardens; Lauren
4 7 Miller, 12181 Aviles Circle, Palm Beach Gardens; Zola Hartman, 10171 Dogwood Ave., Palm
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
07-16-13
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1 Beach Gardens; Kevin Easton, 8511 40th Terrace No.; Palm Beach Gardens; Robert Pelski,
2 8845 Sunset Drive, Palm Beach Gardens.
3 VIII. CONSENT AGENDA
4 a. APPROVE MINUTES FROM JUNE 6, 2013 CITY COUNCIL MEETING.
5 b. RESOLUTION 46, 2013 -COLLECTIVE BARGAINING AGREEMENT. A
6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
7 FLORIDA APPROVING AND RATIFYING AN AGREEMENT WITH THE POLICE
8 BENEVOLENT ASSOCIATION FOR POLICE OFFICERS, SERGEANTS, AND
9 COMMUNICATIONS OPERATORS EMPLOYED BY THE CITY'S POLICE
10 DEPARTMENT FOR FISCAL YEAR 2012-2013; AUTHORIZING THE MAYOR AND CITY
11 MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE;
12 AND FOR OTHER PURPOSES.
13 c. RESOLUTION 48, 2013 -PLATTING EXCEPTION FOR PGA NATIONAL. A
14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
15 FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR
16 LOTS 79 AND 80 LOCATED WITHIN THE BURWICK COMMUNITY AT PGA
17 NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING A
18 CONDITION OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
19 PURPOSES.
20 d. PURCHASE A WARD FOR THE 457B PLAN PROVIDER.
21 e. ITB AWARD FOR THE PGA FL YOVER MAINTENANCE PROJECT.
22 f. PURCHASE A WARD FOR ANNUAL ASPHALT MILLING AND RESURFACING WITH
23 RANGER CONSTRUCTION INDUSTRIES, INC.
24 g. PURCHASE AWARD FOR OPTION TO RENEW WITH RAMPELL AND RAMPELL.
25 h. PROCLAMATION-GUARDIAN AD LITEM DAY.
26 Vice Mayor Jab lin made a motion to approve the Consent Agenda.
27 Council Member Levy seconded.
28 Motion passed 5-0.
29 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
30 Those preparing to give testimony were sworn in.
31 The City Clerk read Resolution 47, 2013 by title.
32 a. *RESOLUTION 47, 2013 -FINANCIAL CENTER AT THE GARDENS PUD. A
33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
34 FLORIDA APPROVING AN AMENDMENT TO THE FINANCIAL CENTER AT THE
35 GARDENS PLANNED UNIT DEVELOPMENT (PUD) TO MODIFY A PREVIOUSLY
36 APPROVED MONUMENT SIGN LOCATED AT THE CORNER OF PGA BOULEVARD
37 AND LAKE VICTORIA GARDENS AVENUE WITHIN THE REGIONAL CENTER
38 PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY
39 DESCRIBED HEREIN; PROVIDING A CONDITION OF APPROVAL; PROVIDING AN
40 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
41 Mayor Premuroso opened the public hearing.
42 Mayor Premuroso asked for any exparte.
43 None.
44 Petitioner: Donaldson Hearing, Cotleur and Hearing.
45 Staffpresentation: Director of Planning and Zoning, Natalie Crowley.
46 Public comment: None.
47 Mayor Premuroso closed the public hearing.
48 Council Member Levy made a motion to approve Resolution 47,2013.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
07-16-13
PAGE 2
1 Council Member Tinsley seconded.
2 Motion passed 5-0.
3 The City Clerk read Ordinance 5, 2013 by title.
4 b. *ORDINANCE 5, 2013 -(1ST READING) -PGA PLAZA PLANNED UNIT
5 DEVELOPMENT (PUD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
6 PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 21, 2002, WHICH
7 APPROVED THE PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD), IN ORDER TO
8 TRANSFER AND AMEND THE SITE PLAN APPROVAL AND RELATED CONDITIONS
9 OF APPROVAL TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE
10 AMENDMENTS TO THE SITE PLAN AND CONDITIONS OF APPROVAL FOR THE PUD
11 MAY BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS
12 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
13 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
14 RESOLUTION 20,2013 IS A COMPANION ITEM TO ORDINANCE 5, 2013 AND WILL
15 REQUIRE COUNCIL ACTION AT SECOND READING.
16 *RESOLUTION 20, 2013 -PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD). A
17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
18 FLORIDA AMENDING THE PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD) AND
19 SITE PLAN IN ORDER TO ALLOW A 3,253-SQUARE-FOOT EXPANSION TO THE
20 EXISTING SHOPPING CENTER, MODIFICATIONS TO THE SITE AND LANDSCAPE
21 PLANS, AND CHANGES TO THE EXTERIOR ELEVATIONS OF CERTAIN BUILDINGS,
22 AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING
23 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
24 PURPOSES.
25 Mayor Premuroso opened the public hearing.
26 Mayor Premuroso asked for exparte.
27 None.
28 Petitioner: Dodi Glas, Gentile, Glass, Holloway, O'Mahoney & Associates, Inc.
29 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
30 Public comment: None.
31 Vice Mayor Jablin made a motion to approve Ordinance 5, 2013 on 1st Reading.
32 Council Member Russo seconded.
33 Motion passed 5-0.
34 The City Clerk read Resolution 35, 2013 by title.
35 c. *RESOLUTION 35, 2013 -FPL (FORMERLY KNOWN AS PARCEL 5A/PGA
36 CORPORATE CENTER). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
37 PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PGA
38 CORPORATE CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), ALSO
39 KNOWN AS "PARCEL 5A", FOR 993,000 SQUARE FEET OF OFFICE SPACE AND
40 ACCESSORY USES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A
41 WAIVER; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
42 DATE; AND FOR OTHER PURPOSES.
43 Mayor Premuroso opened the public hearing.
44 Mayor Premuroso asked for exparte.
45 Council Member Levy: yes.
46 Council Member Tinsley: yes.
47 Council Member Russo: yes.
48 Vice Mayor Jablin: yes.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 Mayor Premuroso: yes.
2 Petitioner: Ken Tuma, Urban Design Kilday Studios.
3 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
4 Public comment: Beth Kigel, 800 N. US Highway 1, Jupiter; Sharon Long, 4267 Linden Ave.,
5 Palm Beach Gardens; Gary Hines, 149 Kings Way, Royal Palm Beach; Kathleen Govig, 4216
6 Hemlock, Palm Beach Gardens; Roman Skolozdra, 4300-C Hazel Ave., Palm Beach Gardens;
7 AI Rivera, 11642 Banyan St., Palm Beach Gardens; Mark Shamblin, 4147 Beech Ave., Palm
8 Beach Gardens.
9 Mayor Premuroso closed the public hearing.
10 Council Member Russo made a motion to approve Resolution 35,2013.
11 Vice Mayor Jablin seconded.
12 Motion passed 5-0.
13 The City Clerk read Resolution 37,2013 by title.
14 d. *RESOLUTION 37, 2013 -DOWNTOWN AT THE GARDENS PCD AMENDMENT. A
15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
16 FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS
17 SITE PLAN IN ORDER TO INCORPORATE A 0.28-ACRE RIGHT -OF-WAY PARCEL AND
18 ALLOW PARKING MODIFICATIONS, AS MORE PARTICULARLY DESCRIBED
19 HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL;
20 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21 Mayor Premuroso opened the public hearing.
22 Mayor Premuroso asked for exparte.
23 Mayor Premuroso: yes.
24 Petitioner: Donaldson Hearing, Cotleur and Hearing.
25 Staffpresentation: Director of Planning and Zoning, Natalie Crowley.
26 Public comment: None.
27 Mayor Premuroso closed the public hearing.
28 Vice Mayor Jablin made a motion to approve Resolution 37, 2013, Downtown at the Gardens
29 PCD Amendment.
30 Council Member Russo seconded.
31 Motion passed 5-0.
32 Mayor Premuroso abstained from voting on the next three items: Ordinance 8, 2013 -(2nd
33 Reading and Adoption) Klock Property PUD Amendment; Ordinance 9, 2013 -(2nd Reading
34 and Adoption) Amending the Klock Property PUD; Resolution 34, 2013 Amendment to the
35 Klock Property Planned Unit Development PUD; stepped away from the Dias and filled out
36 form 8B (on file with the City Clerk).
3 7 The City Clerk read Ordinance 8, 2013 by title.
38 e. *ORDINANCE 8, 2013 -(2nd READING AND ADOPTION) KLOCK PROPERTY PUD
39 AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
40 BEACH GARDENS, FLORIDA ADOPTING A SMALL-SCALE AMENDMENT TO ITS
41 COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES
42 SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION
43 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPSS-13-
44 01-000004, WHICH PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND
45 USE MAP DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING
46 APPROXIMATELY 3.01 ACRES IN SIZE, MORE OR LESS, AS "PROFESSIONAL OFFICE
47 (PO)"; SUCH PARCEL BEING LOCATED ON THE NORTH SIDE OF BURNS ROAD
48 GENERALLY LOCATED 1,200 FEET EAST OF THE INTERSECTION OF NORTH
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
07-16-13
PAGE 4
1 MILITARY TRAIL AND BURNS ROAD; PROVIDING FOR COMPLIANCE WITH ALL
2 REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR
3 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
4 (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
5 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
6 PURPOSES.
7 Vice Mayor Jablin opened the public hearing.
8 Vice Mayor Jablin asked for exparte.
9 None.
10 Petitioner: None.
11 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
12 Public comment: Gary Hines, 149 Kings Way, Royal Palm Beach.
13 Vice Mayor Jablin closed the public hearing.
14 Council Member Russo made a motion to approve Ordinance 8, 2013 on 2nd reading and
15 adoption.
16 Council Member Tinsley seconded.
17 Motion passed 4-0.
18 The City Clerk read Ordinance 9, 2013 and Resolution 34, 2013 by title.
19 f. *ORDINANCE 9, 2013-(2nd READING AND ADOPTION) AMENDING THE KLOCK
20 PROPERTY PUD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
21 BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE
22 CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF
23 ONE (1) PARCEL OF REAL PROPERTY TOTALING 3.01 ACRES IN SIZE, MORE OR
24 LESS, LOCATED ON THE NORTH SIDE OF BURNS ROAD APPROXIMATELY 1,200
25 FEET EAST OF THE INTERSECTION OF NORTH MILITARY TRAIL AND BURNS
26 ROAD, WITH A STREET ADDRESS OF 4215 BURNS ROAD, KNOWN AS THE KLOCK
27 PROPERTY PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THIS PARCEL
28 OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN,
29 SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT
30 DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION
31 OF PROFESSIONAL OFFICE (PO); PROVIDING THAT THE ZONING MAP OF THE CITY
32 OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A
33 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
34 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
35 RESOLUTION 34,2013 IS A COMPANION ITEM TO ORDINANCE 9, 2013 AND WILL
36 REQUIRE COUNCIL ACTION.
37 *RESOLUTION 34, 2013 -AMENDMENT TO THE KLOCK PROPERTY PLANNED UNIT
38 DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
39 PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE KLOCK
40 PROPERTY PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO ALLOW A
41 38,378-SQUARE-FOOT MEDICAL OFFICE BUILDING, AS MORE PARTICULARLY
42 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
43 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
44 Vice Mayor Jablin opened the public hearing.
45 Vice Mayor Jablin asked for exparte.
46 Petitioner: None.
47 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
48 Public comment: None.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
07-16-13
PAGE 5
1 Vice Mayor Jablin closed the public hearing.
2 Council Member Levv made a motion to approve Ordinance 9, 2013 on 2nd reading and
3 adoption.
4 Council Member Tinsley seconded.
5 Motion passed 4-0.
6 Vice Mayor Jablin opened the public hearing for Resolution 34, 2013.
7 Vice Mayor Jablin asked for exparte.
8 None.
9 Petitioner: None.
10 Staffpresentation: Director of Planning and Zoning, Natalie Crowley.
11 Public comment: None.
12 Vice Mayor Jablin closed the public hearing.
13 Council Member Levy made a motion to approve Resolution 34,2013.
14 Council Member Tinsley seconded.
15 Motion passed 4-0.
16 Mayor Premuroso returned to the Dias.
17 The City Clerk read Ordinance 10, 2013 and Resolution 40, 2013 by title.
18 g. *ORDINANCE 10, 2013 -(2nd READING AND ADOPTION) REZONING THE CITY
19 HALL MUNICIPAL COMPLEX. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
20 OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY
21 WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS,
22 CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 54.64 ACRES IN
23 SIZE, MORE OR LESS, LOCATED ON THE SOUTHEAST CORNER OF NORTH
24 MILITARY TRAIL AND JOHNSON DAIRY ROAD AT 10500 NORTH MILITARY TRAIL,
25 MORE COMMONLY REFERRED TO AS THE CITY HALL MUNICIPAL COMPLEX PUD
26 AND MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING THAT THE SUBJECT
27 PARCEL SHALL BE REZONED AS PUBLIC OR INSTITUTIONAL (P/1) WITH A
28 PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ZONING DESIGNATION;
29 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE
30 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
31 CLAUSE, AND AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND
32 FOR OTHER PURPOSES.
33 RESOLUTION 40, 2013 IS A COMPANION ITEM TO ORDINANCE 10, 2013 AND
34 WILL REQUIRE COUNCIL ACTION. *RESOLUTION 40, 2013 --REZONING THE
35 CITY HALL MUNICIPAL COMPLEX. A RESOLUTION OF THE CITY COUNCIL OF THE
36 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CITY HALL
37 MUNICIPAL COMPLEX PLANNED UNIT DEVELOPMENT (PUD) WITH
38 MODIFICATIONS TO THE SITE PLAN TO ALLOW A PUBLIC SAFETY
39 COMMUNICATIONS MONOPOLE 120 FEET IN HEIGHT, AS MORE PARTICULARLY
40 DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL; PROVIDING
41 WAIVERS ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Premuroso opened the Public Hearing.
43 Mayor Premuroso asked for exparte.
44 Council Member Levy: yes.
45 Council Member Tinsley: yes.
46 Council Member Russo: yes.
47 Vice Mayor Jablin: yes.
48 Mayor Premuroso: yes .
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
07-16-13
PAGE 6
1 Petitioner: Director of Planning and Zoning, Natalie Crowley.
2 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
3 Public comment: None.
4 Mayor Premuroso closed the Public Hearing.
5 Vice Mayor Jablin made a motion to approve Ordinance 10, 20 13 on 2nd Reading and
6 Adoption.
7 Council Member Levy seconded.
8 Motion passed 5-0.
9 Mayor Premuroso opened the Public Hearing for Resolution 40, 2013.
10 Petitioner: Director of Planning and Zoning, Natalie Crowley.
11 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
12 Public comment: None.
13 Mayor Premuroso closed the Public Hearing.
14 Vice Mayor Jablin made a motion to approve Resolution 40,2013.
15 Council Member Levv seconded.
16 Motion passed 5-0.
17 X. RESOLUTIONS
18 None.
19 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
20 a. CITY MANAGER'S ANNUAL REVIEW
21 XII. CITY ATTORNEY REPORT
22 None.
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
07-16-13
PAGE 7
1 XIII. ADJOURNMENT
2 Vice Mayor Jablin made a motion to adjourn.
3 Council Member Levy seconded.
4 Motion passed 5-0.
5 The meeting adjourned at 10:29 p.m.
6 The next regularly scheduled City Council meeting will be held August 15, 2013.
7 APPROVED:
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4<t ~cia Snider, CMC
·41 .Qty Clerk
42
43
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Joseph R. Russo, Council Member
Marcie Tmsley, Council Member
David Levy, Council Member
45
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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
07-16-13
PAGE 8
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
CITY
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 members of advisoly 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 voting on a measure in which you have a conflict of interest will vary greaUy 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 person holding elective or appointive county, municipal., or ofher local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited fi'om knowingly voting on a mea-
sure which inures to the special gain or loss 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 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 tax dstricts 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 daughter-in-law. A "business associate" means any person or entity engaged in or ccnying 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 s1ating 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 this 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 sifuations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the contrK:t before making any attempt to inftuence the decision, whether oraRy or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH 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 will incorporate fhe form in the minutes. (Continued on other side)
CE FORM 88 -EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immeliateJy to the other members of the agency.
• 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 conflict in the measure before participating.
• You must 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 must incorporate the form in the mnutes. A copy Of the form must be provided immedalely to the other members of the
agency, and the form must be read pubrlcly at the next meeting after the form is filed
I,
/) DISCLOSURE OF LOCAL OFFICER'S INTE~~T
!~k<:fr~_,~ . hereby disclose that on ____ ?~/_!!__1_~-=---------· 20 _1_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 aasSISSiiDIXciiaaltee, •• ________ __: ___________ _;
inured to the special gain or loss of my relative,------------------------'
inured to the special gain or loss of. __________________________ __, by
whom I am retained; or
inured to the special gain or loss of _________________________ _, which
is the parent organization or subsidary of a principal 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
Arflto...i ;i A-wu4 .rf A7 ~0-, t.P r~ ... ,f~
Eft¥1/C ,tVd X c~ b,~,.J ~,flqc.. c..,~ft-l wel/1-dh
I J ~ • L 6 u u.(., c.Ab-~A fr;r,ftiJf.~ J; ,). of3 J !Jfllt ~-I r.A ""1 _,..,.. f/0'---'T p~ rl
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 OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV 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
'·~"""'"a..., COMMISSICH, ~. 00 COMMITIEE Clcr~at
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 membels of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Rorida Statutes.
Your responsibilities under the law when faced with voting on 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 dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECllON 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (olher than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a COfJ)orate principal by which he or she is relained); to 1he 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 tax cistricts 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 office(s falher, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daugrter-ifHaw. A •bUsiness associate• means any person or entity engaged in or carrying 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 desaibed above, you must dsclose the conftid:
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; end
VVITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the rrinutes.
* • * * * * •
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any ~to in11uence the decision, whether orally or in writing and Whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC\SION PRIOR TO THE MEETING AT WHICH 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 will incorporate the forrri in the minutes. (Continued on other side)
CE FORM 8B -EFF. 112000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immec:iately to the o!h~ members of 1he agency.
• 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 conflict in the measure before p:ricipating_
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recorcing the minutes of the
meeting, who must incorporate the form in the nV11utes. A copy Of the form must be provided immedatefy to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, ~ ~ #r--vrt:4o . h~eby disclose that on 7 ~6 ,20 13 :
(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 ass!M:iate . ____________________ _.
inured to the special gain or loss of my relative,------------------------'
inured to the special gain or loss of. __________________________ _. by
whom I am retained; or
inured to the special gain or loss of _________________________ __. which
is the parent organization or subsidary of a principal which has retained me.
(b) The measure before my agency and the nature of my conllicting interest in the measure is as follows: ,
· Date Filed
!ftp/,e.Avt/'f rJ /t ev~ csr ~r <-flor<"/ [HcJ~,fe~~~t-/
~o( "';:/::: L~e /~A•vi\J .~LJ.fj• ~"r~ e..~c".fi, .-f4.-~ktt;~~-.~~~+
,,,j "'! ~ .$ ~ ~ly {orc/r.,.,ArJot..-8( .:t • t3)
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 88 -EFF. 112000 PAGE2