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HomeMy WebLinkAboutMinutes 06-12-1991 goimk „40.4. New- N,stair CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 12 , 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral . Florida . was held on June 12 , 1991 at the City Hall Annex, 111 Polk Avenue , Cape Canaveral , Florida. The meeting was called to order at 7 : 30 P .M. by Vice Chairman Berger. The Secretary called the roll . MEMBERS PRESENT Arthur Berger Vice Chairman Richard Thurm Wayne Washburn Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Lamar Russell Chairman OTHERS PRESENT James Morgan Building Official James Woodman City Attorney Susan Nelson Secretary Ms . Wheeler moved to approve the minutes of May 8 , 1991 as submitted. Mr. Thurm seconded the motion. Motion carried unanimously. NEW BUSINESS 1 . Request for Site Plan Time Extension - Discovery Bay, a portion of Parcel 790 , Sec. 15, Twp. 24S , Rqe. 37E Luis Lorie , Agent for Lorie & Associates , Inc. James Morgan, Building Official , summarized that the time period on the approved site plan for Discovery Bay had expired. He explained that Lorie & Associates had requested a time extension on the site plan that had been approved by the Board on November 14 , 1990 . Mr. Morgan pointed out that the present regulations had no provisions for such a request . James Woodman, City Attorney, read the conditions that had been placed on the approved site plan. He advised that those conditions had not been met and that Lorie & Associates did not hold the title to the property. Discussion followed. Mary Wheeler pointed out that a letter dated May 20 , 1991 from Mr . Lorie , specifically stated that the consideration for this time extension request be considered at the second meeting in June . Attorney Woodman had no objection if the Board postponed this request until the next scheduled meeting. Leo Nicholas , a citizen, inquired about the F.D. I .C . and Lorie & Associates . Eric Biewind , General Contractor for Discovery Bay , summarized that Mr. Lorie specifically asked that this request be considered at the second meeting in June to allow him time to Planning & Zoning_ Regular Meeting June 12 , 1991 Page 1 of 2 *10, Nwoxe obtain either a new letter of authorization from the F.D. I . C . or be closed on the property. Mr . Morgan reiterated that the Buildina Department had been requested to place this item on the agenda . Cecil Everett moved to postpone the request for site plan time extension until the next scheduled meeting. Mr. Thurm seconded the motion. Motion carried unanimously. Mr. Berger abstained from voting due to a vested interest . 2 . Preliminary Replat Approval , Sea View Townhomes , Lot 3 and West 1/2 of Lot 4 , Block 12 , Avon-By-The-Sea, Section 23 , Township 24 South , Range 37 East - Jeffrey Kammarude , Agent for Jeanne and Arthur Berger , Owners The Board members reviewed the preliminary replat for Sea View Townhomes . Discussion followed. Mr . Everett moved to approve the preliminary replat for Sea View Townhomes . Mr . Thurm seconded the motion. Motion carried unanimously. Mr . Berger abstained from voting due to a vested interest . ADD ON ITEM Ms . Wheeler moved to add the following item to the agenda. Mr . Washburn seconded the motion. Motion carried unanimously. 1 . Discussion Re : Expiration of Site Plans The Board members reviewed and discussed the contents of a memorandum from Mr . Moraan, Building Official , regarding his recommendation to chancre Resolution #87-41 (G) (2) . Expiration of Site Plans . It was concluded that Resolution #87-41 (G) (2) , Expiration of Site Plans , be changed to read as follows : Expiration of Site Plans . All site plans shall expire in six (6) months from final approval of the Planning and Zoning Board, unless the Building Permit is issued or applicant requests for a time extension in writing to the Building Official . The Building Official shall grant at his discretion such request only if justifiable cause is demonstrated and there has been no changes in any regulations pertaining to site plans . The fee schedule for such time extension shall be equal to the site plan submittal fee . Time extensions shall be limited to no more than two (2) 90 day extensions . Mr . Berger requested that this item be placed on the next Planning & Zoning Agenda for further discussion. A brief discussion was held regarding the Coastal Construction Code . Since the Building Official was not prepared to discuss this issue , Mr . Berger requested that this item be placed on the next Planning & Zoning Agenda . There being no further business , the meeting was adjourned at 8 : 15 P .M. Approved this ��D day of 0 J 1991 . ekluA Q Chairman n �. . K Jho Secretar Planning & Zoning Regular Meeting June 12 , 1991 Page 2 of 2 r FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IASL NAME 1'IRSI NAMI[ MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR CO MITT EE B r fl;� ur ?[corm i c ZDn t h9 MAILINGADI SS THE BOARD,COUN II.,COMMISSION,AUTH RITY OR COMMITTEE ON 62,99 �'�c s ^ WH I SERVE IS A UNIT OF: laty #Ij-t►t CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY Ca/97, Canaueral R_ � �o /\/NAM OF POLITICAL.SUBDIVISION: 'ie_r DALE CN WHICH VOLE OCCURRED �" �� V�L�1 Q TUnE Fig I MY PO. TION IS: 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM RB-1-91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. `� DISCLOSURE OF LOCAL OFFICER'S INTEREST k J er , hereby disclose that on J Vf z t 1 L , 19 • (a) A measure came or will come before my agency which (check one) finured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: v1/4ztAi v.462,64. VLs2 JurnQ IR I99 ( --� Date Filed Signature % NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B-1-91 PAGE 2 q ' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME FIRST NAME MIDI)I_E NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE ErgEr, Ar--hur •PtannIr� nnq harp. MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMIT EE ON (0 W CH I SERVE ISA UNIT OF: a i Mom auepv/� CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CI Y COUNTY � ���� �� ���� ((ME OF POLITICAL �SUBDIVISION:fivc )ATE ON WHICH VOTE OCCURRED �� Cael CaPay2ra, MY POSITION IS: Tune Ila� r 0 ELECTIVE APPOINTIVE a, WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM 8B-I-91 PAGE I ` v ae IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, r -h r BW hereby disclose that on -Tu n a. t ) , 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: • 1 1 Date Filed Signature r,. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 813-I-91 PAGE 2