Loading...
HomeMy WebLinkAboutMinutes_Regular_11/14/2013 MINUTES VILLAGE OF TEQUESTA f & REGULAR MEETING NOVEMBER 14, 2013 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:00 p.m. A roll call was taken by Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun and Council Member Tom Paterno. Council Member Frank D'Ambra arrived at 6:58 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Vice -Mayor Arena offered the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor Arena; motion carried unanimously 4 -0. PROCLAMATIONS 1. Proclaiming December 1, 2013 as World AIDS Day in the Village of Tequesta Clerk McWilliams read the proclamation before presenting it to Mr. Laurence Osband who attended as recipient. Mr. Osband noted upcoming events. 2. Proclaiming Tequesta's Support and Recognition of "Viva Florida 500" the 500 Anniversary of the European Discovery of Florida A representative was not in attendance, therefore; the proclamation was not read. PRESENTATIONS 3. General Employee Pension Trust Presentation Michael Rhodes, General Employee Pension Board Chair, offered a synopsis of the recent performance regarding the General Employee Pension fund and explained that the fund had gained approximately 12.2% and, had out performed 88% of similar sized funds. 4. Conceptual Presentation to Village Council of proposed Tequesta Village, a multi- family dwelling project located at One Main Street. The applicant is Jewel Construction Corp. for the owner, JMZ Tequesta Properties Nilsa C. Zacarias, Director of Community Development, reported that the applicant had proposed a multi - family dwelling project at One Main Street. She noted that staff had not yet reviewed the recently presented site plan. Council Member Paterno questioned Mr. Richard S. Jones (attorney) and Mr. Richard C. Jones . r Village Council Minutes November 14, 2013 Page 2 (architect), Representatives of JMZ Tequesta Properties on the intention to use Village owned parking and, voiced his concern for possible density issues. Mr. S. Jones responded yes, they were asking for increased density. Mr. C. Jones commented on the location, the surrounding businesses and that he felt the residential component was missing from the area. He stated their intention was to request 24 units per acre versus the current 18 along with offering a park to Tequesta residents in the down town area. Mayor Brennan thanked Mr. Jones for his presentation and confirmed that the density issue appeared significant. CONSENT AGENDA MOTION: Council Member Patemo asked that items six c and i, twelve and thirteen be removed for discussion and moved approval of the consent agenda as amended, seconded by Vice Mayor Arena; motion carried unanimously 4 -0. 5. MINUTES — 8/5/13 Workshop, 10/10/13 Regular Council Meeting, and 11/4/13 Workshop 6. Approval of Contracts Signed by Manager under $25,000 a. Baron Sign Manufacturing Contract — Construction and Installation of a new Public Works Facility Sign, dedicating the building to Russell K. White. b. Car -Comm, Inc. Agreement — Maintenance services for Tequesta Police Department communication radios. c. Molly's Trolleys of West Palm Beach Agreement transportation service for Tequesta Fest. *Item D removed for discussion e. Don Reid Ford, Inc. — 2014 1 /2 Ton Pickup Truck 4x4 Utilities/Water Plant Purchase Order, Florida Sheriff's Association & Florida Association of Counties Contract Bid #13-21-0904. f. Don Reid Ford, Inc. - 2014 Ford F -150 Stormwater Purchase Order, Florida Sheriff's Association & Florida Association of Counties Contract Bid #13 -21 -0904. g. ACF Standby Systems LLC — Purchase order for portable generator for water treatment plant wells. h. Ford Motor Company Short Term Demonstrator Loan & Evaluation Agreement with the Village of Tequesta Police Department. *Item I removed for discussion j. Nozzle Nolan, Inc. Annual Pest Solutions Agreement — to provide pest control services for Constitution Park. k. Agreement with Mike Cesarano to Utilize and Operate the Village's Mule Utility Vehicle in and during the Jupiter Tequesta Athletic Association Holiday Parade on December 8, 2013 7. RESOLUTION 38 -13, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 11, 2014, AND IF NECESSARY, THE MUNICIPAL RUN -OFF ELECTION TO BE HELD TUESDAY, MARCH 25, 2014, FOR THE PURPOSE OF ELECTING COUNCIL SEATS 1, 3 AND 5 FOR TWO YEAR TERMS; REQUESTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS CONDUCT THE Village Council Minutes November 14, 2013 Page 3 ELECTION; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD; ESTABLISHING ELECTION PROCEDURES 8. Approval of Election Services Agreement Between the Palm Beach County Supervisor of Elections and the Village of Tequesta 9. Approval of Services from Island Time Productions for Annual Tequesta Festival 10. Approval to Hold the 13 Annual Thanksgiving Day, 4 Mile Race and Kids 100 Yard Dash on Thanksgiving Day 2013 11. RESOLUTION 37 -13, AUTHORIZING PIGGYBACKING THE CONTRACT BETWEEN ODYSSEY MANUFACTURING COMPANY AND THE CITY OF PLANTATION FOR THE PURCHASE OF SODIUM HYPOCHLORITE AT THE PRICE OF $0.67 PER GALLON 14. Resolution 36 -13 AMENDING AND INCREASING THE 2013/2014 GENERAL FUND BUDGET BY $89,565.00 AND THE 2013/2014 WATER FUND BUDGET BY $197,998.00 BY AMENDING EXPENDITURES AS SPECIFIED IN THE ATTACHED "SCHEDULE A" 15. Resolution 40 -13 AMEND RESOLUTION #32 -13 AND APPROVE A TAX EXEMPT LEASE PURCHASE AGREEMENT WITH SUNTRUST EQUIPMENT FINANCE & LEASING CORPORATION FOR THE LEASE PURCHASE OF A NEW PUMPER TRUCK END OF CONSENT AGENDA 6. Approval of Contracts Signed by Manager under $25,000 d. Hub City Ford — 2014 Ford Focus Utilities/Water Plant Purchase Order, Florida Sheriff's Association & Florida Association of Counties Contract Bid #13 -21 -0904 Council Member Paterno questioned a Ford Focus parked behind Village Hall and felt it laid idle more than it was utilized. He asked that the vehicle be utilized as a pool car and commented on other equipment not being utilized. Council Member Paterno suggested purging unused vehicles and asked Manager Couzzo for the plans regarding the old fire engine and ambulance. Manager Couzzo responded that decision would come from Council. i. Siemens Water Technologies LLC Contract — a renewal contract to provide Hydrogen peroxide to the water treatment plant. Council Member Paterno asked that it be discussed and questioned the subject of renting versus owning. P(/RPya Village Council Minutes November 14, 2013 Page 4 12. RESOLUTION 39 -13. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING CERTAIN PROPERTY AS DESCRIBED IN THE EXHIBIT "A" TO BE SURPLUS AND DIRECTING THE VILLAGE MANAGER TO DISPOSE OF SURPLUS PROPERTY IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Council Member Paterno questioned the value of the meters being surplused and suggested reinvesting the funds into new meters and other improvements in that department. He felt their value could be turned into capital versus placed in the cash account. Consensus of Council agreed. Manager Couzzo explained an amendment would be brought back for Council's approval regarding the change. 13. Council Approval of Budget Amendments for FY 2012 -2013 Council Member Paterno commented on the fire department pension contributions, money moved for legal and questioned insurance money plans. Manager Couzzo explained the anticipated 157 money and a shortage of $36,703 was responsible for the allotment. Council Member Paterno referenced revenues not received and his feelings on a specific expense. Ms. JoAnn Forsythe, Finance Director, summarized the process and offered a recommendation. Council Member Paterno voiced his opinion that both sides of the budget should be reduced and adjusted. Manager Couzzo explained that the State provided the initial figures. Council Member Paterno suggested that past due amounts be adjusted immediately to balance and come to Council on a monthly basis. Ms. JoAnn Forsythe, Finance Director responded that finance would make the adjustments. Attorney Davis read Resolution 39 -13 title into the record. MOTION: Council Member Paterno moved approval of Item Six, Resolution 39 -13 and Item 13, seconded by Council Member Okun, motion carried unanimously 4 -0. COMMUNICATIONS FROM CITIZENS Mayor Brennan advised that she would not speak and claimed a voting conflict on the FOPS item as she was the Treasurer. Mr. Jim Humpage voiced his intent for clarity regarding co- sponsorship of FOPS golf tournament, moving forward with the full memorial at the expense of FOPS. e�iPdfa Village Council Minutes November 14, 2013 Page 5 Council Member Paterno voiced his support for the annual event. Clerk McWilliams noted minutes showed the event was approved on a yearly basis. MOTION: Council Member Paterno moved approval of the Village's co- sponsorship of the golf tournament to be held on 1113114, with advertisement on the Village's media outlets and Village responsible for payment of additional flags for placement at the memorial; motion carried 3 -0 with Mayor Brennan abstaining. Consensus of Council agreed the golf tournament would be considered annually. Lou and Sharon Hayward, 27 Shay Place, voiced their concerns regarding the problematic condition of a property located on Seabrook Road and that it had not been maintained by the Village. They stated animals from the overgrowth had wandered onto their property. The Haywards provided photos and questioned the signage that had previously stood on the property which stated the intention of a passive park at the location. Manager Couzzo responded that the Village would make the effort to better maintain the property. He noted items which had been completed up to the present including removal of the pool and house and advised that additional items were on hold until the Village's capital improvement plan was addressed. Ms. Hayward explained their fence had been affected by the overgrowth. Manager Couzzo responded that the Village would address the present issues. Council Member Paterno felt the Village must be responsible and adhere to the rules. Mayor Brennan confirmed the property would be addressed by the Manager and thanked the Haywards for voicing their concerns. Vice Mayor Arena asked that a status report be offered at the next workshop. Manager Couzzo explained that much was needed at the location. Council Member Okun suggested the project be accomplished in phases. COMMUNICATIONS FROM COUNCIL Council Member Paterno felt code enforcement was important and voiced his frustration regarding infraction reports made weeks ago which remained unchanged. He suggested the time had arrived to address the issues more agressively. Council Member D'Ambra arrived at 6:58 p.m. Manager Couzzo provided an update on Council Member Paterno's concerns and stated that he would get with Police Chief Elg and Code Officer Petrick to discuss. Council Member Paterno suggested more stringent measures be taken if the items were not corrected immediately with the Manager held accountable. Mayor Brennan agreed. Chief Elg offered updates on the areas in question: a speed limit sign had recently been posted at El portal (and, a recommendation to purchase an additional sign for speed reduction at the curve notification); bushes removed at Pinetree Circle and River Drive; and Tequesta Drive and e�rPJla Village Council Minutes November 14, 2013 Page 6 Country Club rehabilitation completed. He stated the Village could now move forward regarding removal of items which remained in the right of way (ROW). Chief Elg also noted resident's feedback had been positive during the process. Attorney Davis stated he would forward items necessary to change the speed postings to automatic 25 unless posted. Manager Couzzo added that he would offer a code infraction and the magistrate process update on additional items after he spoke to Code Officer Petrick. Vice Mayor Arena commented on the many great events in the Village. Mayor Brennan voiced her opinion regarding Tequesta as a great place to live and work and, commented on fire fighters and the chili cook -off. REGULAR AGENDA OLD BUSINESS POSTPONED FROM 10/10/13 16. ORDINANCE 37 -13, SECOND READING AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY CREATING AN ENTIRELY NEW SEC. 78 -305. MAILBOXES. TO ESTABLISH REGULATIONS REGARDING CURBSIDE MAILBOX PLACEMENT AND DESIGN; AND BY CREATING AN ENTIRELY NEW SEC. 78 -306. STORM PANELS, SHUTTERS. TO ESTABLISH REGULATIONS REGARDING THE USE OF STORM SHUTTERS Attorney Davis read Ordinance 37 -13 title into the record. He also answered questions and clarified details which related. He reassured the implemented language made mailbox specifications safer. He also noted that existing non - breakaway structures would not be restricted by the code change. Lou Hayward, 27 Shay Place questioned if plywood shutters painted to match their house would be acceptable. Attorney Davis advised yes. MOTION Council Member Paterno moved approval of Ordinance 37 -13, seconded by Council Member Okun; motion carried unanimously 5 -0. 17. ORDINANCE 39-13, SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. BY AMENDING THIS DIVISION TO UPDATE CERTAIN "FLORIDA FRIENDLY LANDSCAPING" REQUIREMENTS THROUGHOUT THE VILLAGE, TO CLARIFY THE APPLICATION OF SUCH REGULATIONS TO NEW CONSTRUCTION AND CERTAIN RE- DEVELOPMENT; TO UPDATE CODE GRAPHICS AND PROVIDE FOR INTERNAL CONSISTENCY P�rPJIa Village Council Minutes November 14, 2013 Page 7 Attorney Davis read Ordinance 39 -13 title into the record and commented on the revision size of canopy trees. Vice Mayor Arena questioned page 4, 3(c) and canopy tree locations and height requirement of palm trees Attorney Davis stated it referred to the application of modifying more than 50% of landscaping through the Florida Friendly requirements. Mayor Brennan offered her understanding and noted that canopy trees were different than palm trees. Vice Mayor Arena questioned how Tequesta would monitor "a reasonable amount of weeds in a yard ". Attorney Davis responded that the landscape architect was not present to address the question and that the paragraph prevented a property loaded up with dollar weed and/or encroachment onto neighboring yards and, felt the language offered sufficient guidance. Council Member Paterno voiced concern with pervious surfaces and questioned percentages allowed regarding stone and green space. He expressed his desire to increase green space and reduce rock or stone limits. Attorney Davis noted that was addressed in the off street parking ordinance and, landscape included vegetative and non - vegetative and at this time allowed 100% rock. He requested direction from council regarding changes to that language in the code. Nilsa C. Zacarias, Director of Community Development responded that Village Code required (in most cases) a 30 percent minimum landscaped requirement regarding open spaces would apply. Harold Taylor, 13 Chapel Court, requested Council research AC Paving as a pervious surface option. MOTION Council Member Patemo moved to defer approval of Ordinance 39 -13 until it could accompany the Village's parking ordinance on an upcoming agenda; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 18. ORDINANCE 44-13, SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10. ANIMALS, BY PROVIDING ENFORCEMENT AND PENALTY PROVISIONS FOR VIOLATIONS OF THIS CHAPTER CONSISTENT WITH MAXIMUM PENALTIES ALLOWED BY STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. Attorney Davis read Ordinance 44 -13 title into the record and noted that updates to the ordinance brought it in line with statutory requirements. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. e�ted(a Village Council Minutes November 14, 2013 Page 8 MOTION Council Member Okun moved approval of Ordinance 44 -13; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. NEW BUSINESS 19. SE 02 -13 Application of Tequesta Shoppes Shopping Center, for a special exception modification. The Applicant is requesting to modify a previously approved special exception by constructing new building fagades, constructing internal tenant upgrades, and making parking lot improvements. The address of the proposed application is 105- 185 U.S. One North. Attorney Davis noted that items 19 and 20 were quasi judicial and swore in six persons. He then asked Council for any ex parte communications, there were none. Nilsa C. Zacarias, Director of Community Development summarized the applicants request. Brian Seymour, Attorney representing Tequesta Shoppes, noted the building's history, future plans and details relating to their applications to the Village. Vice Mayor Arena questioned drainage. Mr. Seymour replied that SFWMD (South Florida Water Management District) and DOT (Department of Transportation) had reviewed their plans to sufficiency, he then provided a recent permit from DOT and stated if an issue arose it would be corrected. Ms. Zacarias noted that reports received from all involved showed no derogatory issues or objections to the project. Council requested to be kept informed. Manager Couzzo commented that he had been aware of resident concerns, and Arcadis had looked the project over to ensure their concerns would not become reality. Council Member Patemo questioned the parking bay specified width and stated his preference of ten feet. Heidi Henderson, Engineer for Tequesta Shoppes quoted the present spec was nine feet wide by eighteen feet. Mr. Seymour responded that the plan would be examined and modified if the change was straightforward. Ms. Zacarias noted the number of required parking spaces was 438 and the applicant had proposed 589. Mr. Seymour offered a timetable for work to begin early 2014 and a completion date of late that summer /beginning fall. Council Member D'Ambra voiced his preference for 20 percent landscaping. Vice Mayor Arena questioned compact car parking. Ms. Zacarias responded that code had provided for compact cars. Mr. Bill Dougherty, Property Manager of Tequesta Cove, voiced his concern that the Village and SFWMD had not researched the drainage adequately and provided a photo of drainage on the Tequesta Cove property from the Shoppes of Tequesta. He noted DDR (Plaza owner) had been fined $250 per day since October of 2011 for drainage issues, which he felt showed responsibility for the issue. He added that the drainage flow was dumping improperly onto their property versus into the intracoastal. e�rrPJla Village Council Minutes November 14, 2013 Page 9 Mayor Brennan suggested Council vote on the Special Exception with the understanding of a mandatory resolution. She then suggested that Manager Couzzo work with the Attorney and all involved in obtaining a swift conclusion. Mr. Seymour advised that tenants would be lost if the forward movement was delayed and explained that they were researching the issue with the intent of a solution. Attorney Davis explained that the conditions must be specific to the improvements being made, and, that repaving or grading impacted drainage. He noted the condition stipulated would cure code violations on site and all issues would have to be resolved as a condition of the CO (Certificate of Occupancy). Council Member Patemo suggested moving forward with the item. Harold Taylor questioned parking lot modifications and drainage. MOTION Completed in conjunction with Item 20 (SPR 09 -13). 20. SPR 09 -13 Application of Tequesta Shoppes Shopping Center, for a site plan modification. The Applicant is requesting to modify a previously approved site plan by constructing new building fagades, constructing internal tenant upgrades, and making parking lot improvements. The application includes a landscape plan. The address of the proposed application is 105 -185 U.S. One North. MOTION Council Member D'Ambra moved approval of SE 02 -13 and SPR 09 -13, seconded by Council Member Patemo; motion carried unanimously 5 -0. 21. RESOLUTION 35 -13 URGING MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE LEGISLATION THAT WOULD MANDATE THE USE OF A UNIFORM CHART OF ACCOUNTS FOR ALL GOVERNMENTAL ENTITIES TO REPORT FINANCIAL INFORMATION. Council Member Okun left the room at 9:08 p.m. Ms. JoAnn Forsythe, Finance Director, provided information relating to the mandated report. Council Member Paterno voiced his partial support. Ms. Forsythe noted complaints, monthly requirements and associated statistics and possible costs associated. MOTION Vice Mayor Arena moved approval of Resolution 35 -13, seconded by Council Member D'Ambra; motion carried 3 -1 with Council Member Patemo dissenting and Council Member Okun absent. Council Member Okun returned at 9:11 p.m. e�rPJla Village Council Minutes November 14, 2013 Page 10 22. ORDINANCE 46 -13, FIRST READING, AMENDING CHAPTER 78. ZONING. ART. VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78 -180. MIXED USE DISTRICT, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM SIX STORIES /84 FEET TO FOUR STORIES /50 FEET; FURTHER AMENDING ART. VII. PLANNED RESIDENTIAL DEVELOPMENTS, SECTION 78 -225. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM SIX STORIES /84 FEET TO THE MAXIMUM HEIGHT PERMITTED IN THE C -2 ZONING DISTRICT; AND ALSO AMENDING AT ART. VIII. PLANNED COMMERCIAL DEVELOPMENTS, SECTION 78 -255. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM SIX STORIES /84 FEET TO FOUR STORIES /50 FEET IN THE MU ZONING DISTRICT Attorney Davis read Ordinance 46 -13 title into the record. Council Member Paterno questioned parking and its impact to green space and voiced his concern that the change would offer less green space. Attorney Davis responded that the density, setback, and height would not change. Harold Taylor, 13 Chapel Court, suggested Council consider Mr. Zuccarelli's previous request which could be affected in this adoption. Council Member Paterno stated that Mr. Zucarelli had several issues with his proposal. MOTION Council Member Paterno moved approval of Ordinance 46 -13; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. 23. ORDINANCE NO. 47 -13, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC. 78 -177. C -2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE RETAIL PACKAGE LIQUORS AS A PERMITTED USE IN THAT ZONING DISTRICT; PROVIDING CONDITIONS FOR SAID USE IN THE C -2 DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB - SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 47 -13 title into the record. Council Member Paterno voiced his feeling that the ordinance verbiage should remain as is. Mayor Brennan opened the public hearing to the citizens. There being no citizen comment the e�riPlla Village Council Minutes November 14, 2013 Page 11 public hearing was closed. MOTION Vice Mayor Arena moved approval of Ordinance 47 -13; seconded by Council Member Okun; motion carried unanimously 5 -0. STANDING REPORTS • Village Attorney Attorney Davis advised that the IG (Inspector General) funding litigation was set to go to trial in January. He then asked for assistance in recalling action by Council which allowed he and the Village Manager to negotiate and /or settle code enforcement liens. Council Member Paterno questioned if Council would be alerted at a specific dollar amount during negotiations. Manager Couzzo responded that there was nothing specified and care would be taken in the process and limitations would be set. He also explained the Code enforcement hearings where a part of the process. Consensus of Council agreed that the Village Manager and Attorney handle code fines by negotiating and settling liens without bringing to Council. • Village Manager Manager Couzzo offered an update on the Tequesta Drive lighting plan and traffic marking solutions project. He informed Council that both projects had been approved but had not yet come to fruition. ANY OTHER MATTERS Mayor Brennan asked for comments, there were none. ADJOURNMENT Council Member Okun moved to adjourn the meeting; seconded by Vice - Mayor Arena. The motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 9:27 p.m. Respectfully submitted, , IV /II Lori McWilliams, MMC Village Clerk Note These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. 4 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Brennan, Abigail Tequesta Village Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 23 Tradewinds Circle WHICH I SERVE IS A UNIT OF: CITY COUNTY Q✓ CIY []COUNTY []OTHER LOCAL AGENCY Tequesta Palm Beach NAME OF POLITICAL SUBDIVISION: VILLAGE OF TEQUESTA DATE ON WHICH VOTE OCCURRED November 14, 2013 MY POSITION IS: El ELECTIVE L3 APPOINTIVE WHO MUST FILE FORM 813 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 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 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 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 (other 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 districts 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 -law, mother -in -law, son -in -law, and daughter -in -law. 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 described above, you must 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 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 otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence 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 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 the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately 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 minutes. A copy of the form must be provided immediately 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 Abigail Brennan , hereby disclose that on November 14 1201 (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 associate, 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 subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Pursuant to Palm Beach County Code of Ethics Ordinance Section2 - 443 (a) (7) 1 am an unpaid officer on the board of The Friends of Public Safety, Inc. (FOPS), a not - for - profit corporation, that will receive financial gain from an event co- sponsored by the Village of Tequesta. Date Fil / ature 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 8B - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Brennan, Abigail Tequesta Village Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 23 Tradewinds Circle WHICH I SERVE IS A UNIT OF: CITY COUNTY QcITY ❑COUNTY OTHER LOCAL AGENCY Tequesta Palm Beach NAME OF POLITICAL SUBDIVISION: VILLAGE OF TEQUESTA DATE ON WHICH VOTE OCCURRED MY POSITION IS: November 14, 2013 ED ELECTIVE APPOINTIVE- WHO MUST FILE FORM 813 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 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 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 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 (other 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 districts 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 -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, downer 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 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 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 otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence 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 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 the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately 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 minutes. A copy of the form must be provided immediately 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 Abigail Br , hereby disclose that on November 14 20 1 (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 associate, 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 subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Pursuant to Palm Beach County Code of Ethics Ordinance Section2 - 443 (a) (7) 1 am an unpaid officer on the board of The Friends of Public Safety, Inc. (FOPS), a not - for - profit corporation, that will receive financial gain from an event co- sponsored by the Village of Tequesta. Aff Date Pi d Sig ature 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 813 - EFF. 112000 PAGE 2