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HomeMy WebLinkAboutMinutes 08-21-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 'I'I Polk Avenue, Cape Canaveral, Florida THURSDAY August 21, 2007 7:00 PM MINUTES CALL To ORDER The Chair called the meeting to Order at 7 :00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley City Planner Todd Peetz Mayor Randels announced that the Ron Jon Presentation would occur at the City Council Meeting of September 4, 2007. The Meeting would be held at the Library Meeting Room. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of August 9, 20076 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Ms. Roberts asked if an interview was planned for two of the Recreation Board Members applicants prior to appointing them to the Board. Ms. Roberts asked the Chair if he would use the discussion Parking Board in order for the Council to return to items that arise during the meeting. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 2 of 11 Ms. Roberts referred to the last page of the August 9� Meeting Minutes and clarified that "she asked for answers to some questions related to North Atlantic Avenue p rior to this evenings discussion." Mr. Petsos stated that that was his reason for seeking Discussion was to move forward with the stop signs. Ms. Roberts stated her concem with the absence of a public hearing. Mr. Petsos replied that he placed it on the Agenda for p ublic 9 p discussion to gain public input. Ms. Roberts stated that she had asked for some of those questions related to North Atlantic Avenue answered prior to this evening's discussion. She stated further that the purpose of raising the questions was to, 9 ain a whole view of North Atlantic Avenue inclusive of discussion on stop signs. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Item No. 'I as amended. The vote on the motion carved 5.0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. RESOLUTIONS 2. Motion to Adapt; Resolution No. 2007 -19; Appointing Regular Members to the Recreation Board. Mayor Randels explained that the Resolution would appoint two Regular Members and one Alternate member. He stated that there was a lack of a quorum due to several resignations. Mayor Randels read Resolution No. 2007 -19 by title. A RESOLUTION of THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO REGULAR MEMBERS AND ONE ALTERNATE MEMER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Robert Lefever, Acting Recreation Director, explained how Eileen Kendret would be appointed as Recreation Member due to the removal of two Regular Members since the last meeting. Mayor Randels clarified that there were three Regular Member positions and two alternate positions available on the Board. Mayor Randels re -read the Resolution inserting the names Carol Delano, Hank Dinenno, and Eileen Kendret as Regular Members to the Recreation Board. BOARD MEMBER INTERVI Hank Dinenno Mr. Dinenno affirmed that all of his answers to the questions on his application were true and correct to the best of his ability. Mr. Dinenno stated that he desired to get involved and he had been involved with the Little League for many years. Mr. Dinenno is currently Vice President of the Little League. He has lived in Cape Canaveral for 10 City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 3 of 11 years and played in the Racquetball League for three ears. Mr. Dinenno replied piled to Ms. Roberts that he presented the Little League field to the Board in the re p vious year. Council members thanked Mr. Dinenno for his interest. Eileen Kendret )ills. Kendret affirmed that all of her answers to the uestions on her ap plica tion q pp lion were true and Correct to the best of her ability. Ms. Kendret stated this opportunit pp y as something helpful for the community. She informed that she is Secrets to the Secretar Klwanls Club and she could help to identify the needs of outh. Mr. Petsos and nd lUtayor Pro Tern Hoag commended Ms. Kendret for her concern for outh her thoroughnes Y g s, her efficiency, and diligent work with the Kiwanis Club. Ms. Roberts informed that Ms. Kendret was instrumental in obtaining a rug for the oun reader's room at th Y g e Cape Canaveral Library. Mayor Randels clarified that the Resolution would st ate that all three people would become Regular Members Mr. Petsos acknowledged Ms. Carol Delano in the audience and noted that all three ree of the Board applicants were involved with the City's Y outh. A motion was made by Mr. Petsos and seconded jointly b Ma or Pro Tem Ho y y og and Ms. Roberts to Adopt Resolution No, 2007 -19'. The vote on the motion ca rried 5-0 with voting as follows: Mayor Pro Tem H , For, Mr. Nicholas For Mr. . Mayor Randels, For, and Ms. Roberts, For. 00 9 � .Petsos, For, 3. Resolution No. 2007 -20; Appointing the Final Re p lat of villa Cielo Townhomes; John Butler, Applicant. Mayor Randels read Resolution Igo. 2007-20 by title A RESOLUTION of THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "VILLA CIELO TOwNHOMES "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that the Planning and Zoning oard recommended the R 9 eplat on July 25, 2007 with no noted conditions. The application acka a met all concurrent . �r. p g Y M John Butler confirmed for Ms. Roberts that the units were not being onsidered a g s Resort Dwellings. Mr. Butler replied to Ms. Roberts that the units were selling for approximately pp mately $350,000. Mr. Butler replied to Ms. Roberts that these were individual units with no rel documents. Mr. R. Lamar Russell, Dice- Chairperson, of the Planning nd Zoning Board asked if g g there was any documentation that defined the rights of a unit dweller in a townhome. Todd Morley, Building Official, stated that these were individual) platted lots with no co Y p co property. Mr. Russell stated how previously there was documentation to delineate the rights of each individual homeowner. Ms. Roberts inted out the concern related � to City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 4 of 11 common walls. Mr. Russell explained that there was a common roof with the rights related to each owner in common. Mr. Morley explained how in the past the parapet extended at least 18- inches above the roof and there were several examples around the City. The roof was still within the centerline of the party wall; so, a person could have changes to one townhome unit that did not apply to the other unit. Mr. Russell re- stated that there were rights and responsibilities in the past that applied between the townhome owners. Attorney Garganese asked if there was a common wall. Mr. Butler affirmed that there was a common roof and wall. Attorney Garganese stated that in order to protect the future owners there were documents that needed to be submitted that would be recorded with the land to protect the interest of the future owners. The document should be submitted to the Building official for review. Attorney Garganese stated that the document would be recorded with this Final Replat. Ms. Roberts suggested this as a Parking Board issue. Mayor Randels asked if the submittal of a common wall and roof Agreement would become a condition of Approval. Attorney Garganese affirmed that the Plat would be recorded with those documents submitted in a form acceptable to the city. Mr. Russell re- stated that Association Agreements, which delineated the owner's responsibilities, were a past requirement. Mayor Pro Tem Hoog pointed out that the parapet through the roof separated the individual ownership. Ms. Sandy Young informed that her friend was impacted by this same rule in which she replaced her roof and she asked if her friend could retroactively submit for retribution from their neighbor for a roof replacement. Mayor Randels replied that the City could not apply this action to a past event. A motion was made by Mr. Petsos and seconded Mr. Nicholas to Adopt Resolution No. 2007 -20 with the Conditions that the Applicant would Submit an Acceptable Shared common Wall and Roof Agreement to the City. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoag, For; Mr. Nicholas, For; Mr, Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 4. Motion to Adopt; Resolution No. 2007 -21; Approving the Preliminary Replat of Villagio Del Mar, 11; W3 Developments. Mayor Randels read Resolution No. 2007 -21 by title A RESOLUTION of THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF "VILLAGIO DEL MAR, UNIT 11 AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained this as 5- townhome units on the northeast corner of Adams and Ridgewood Avenue. The developer was present at this time. Todd Peetz, City Planner, informed this item would return to the council as a Site Plan; therefore, the Council could address any questions to the applicant at that time. Mr. Peetz replied to City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 5 of 11 Ms. Roberts that the project was under review as to nhomes and not a Resort Dwelling. Mayor Pro Tem Hoog questioned of the City Attorn if he sh Y y u d Abstain from voting since he had worked on Phase I of the roject. Attorney p � Y recommended that he Abstain if there were a contractual relationshi p between himself and the developer. Mayor Randels clarified that Mayor Pro Tern Hoo would Ab stain. Y g stain, Mr. Russell commented on how the Preliminary Re-plat was a three-step p rocess. P p p s. During the Preliminary Re -Plat, the Council would review '[ correct lot identification, 2} Site Plan review, at this point the Council could address the ro use and p I��Y � 3} a Final Re -Plat based on any adjustments. Mayor Randels asked if a Tri- lex required qui red a Site Plan review. Mr. Peetz replied to Mayor Randels that four or more units required red a Site Plan review. However, three units or less would req uire a Preliminary R Final Replat. q ry eplat and a Ms. Roberts stated how Council's involvement at this stage lent itself to a Community unity Redevelopment Director who could address some of the broader community is ues at the onset of the process. Mayor Randels stated that those duties were related to zoning. Mr. Russell stated further that the Site Plan review was the time for an in-depth review; however, the City code dictated what could be constructed. A motion was made by Ms. Roberts to table the item until the ap plicant was present. The motion failed for lack of a second. Attorney Garganese explained that the zoning would dictate what ty of uses could occur and the regulations for the lot sizes. He stated that the Council could ask at this stage how the developer planned to use the lot. Attorney 9 Garganese agreed with g Mayor Randels that the zoning regulations do govern. He stated that Development p t Agreements would address issues in the beginning. Ms. Roberts requested to lace q p Development Agreements on the Parking Board. Ms. Roberts expressed that her understanding of Council's role was to ask the broad questions earlier in the process and not to simply approve the recommended p lan. She replied to Mr. Nicholas that the questions were not to challenge an owner's propert g p p Y rights. Attorney Garganese clarified that the discussion of "when Development Agreements g should include the language when appropriate within the Development Review Process on the Parking Board. p Ms. Angela Preston asked if there were a minimum lot size for or re-platting. Ma Y Randels affirmed and also informed that there was a distinction between residential and commercial re- platting. Mr. Nicholas clarified for Ms. Preston that re-platting changed #� g g the dimension of the lot; however, rezoning changed the use of the zonin g district. A motion was made by Mr. Petsos and seconded Mr. Nicholas to Adopt Resolution No. 2007-21. The vote on the motion carved 3 -1 and 'I Abstain with voting as City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 6 of 11 follows: Mayor Pro Tern Hoog, Abstain; Mr. Nicholas For • . , Mr. Petsos, For, Ma Randels, For, and Ms. Roberts, Against, DISCUSSION: 5. Installation of Stop Signs on the North Atlantic Avenue Corridor. Mayor Randels explained that the intention was to install stop signs p g along the North Atlantic corridor in order to assist with traffic ingress and egress in the h g eg Shorewood Drive area. Mr. Boucher informed that the County performed a warrant stud on Ridgewood gewood Avenue and although not warranted, due to City Council intervention stop signs p were installed on Ridgewood Avenue. similarly, this same approach was applied to Atlantic Avenue. pp pp North Ms. Roberts questioned if the item was on the Agenda for discussion purposes only. Mr. Petsos replied that with Council agreement action could be taken. Mr. Petsos stated that the reason he requested this item was to provide community protection and he proposed two stop signs for speed and traffic reduction. Mr. Petsos explained how speeding was deterred due to the stop signs on Ridgewood Avenue. He stated that this discussion allowed for public input as an Agenda item. Ms. Roberts stated that she developed the questions in order to develop a larger picture of what the residents could anticipate on the North Atlantic Avenue project. Ms. Roberts stated that a Workshop in the Fall would allow for more input from the community related to the larger picture for North Atlantic Avenue. Mayor Randels made note that this item was discussed as far back as 1992 and when the City's tax levy was approximately $471,000. Ms. Roberts stated how it appeared that the discussion on North Atlantic Avenue began prior to Ridgewood Avenue and she stated as a matter of priority for the Council to jointly discuss both roadways. Mr. Petsos requested to hear from the public. Ms. Kathy Miller asked if the Council were discussing STOP" signs. Mayor g g y Randels clarified that the City had funding for stop signs; however, other items such as road widening, would require additional funding. Ms. Miller stated that an resent action unto deflect the truck and traffic from using North Atlantic as a thoroughfare prior to th g p e any road widening would benefit the road. Mayor Randels explained hove installing s would reduce traffic. p g top signs Ms. Ruth Anders stated that this also would deter residents from using he g road as well. Ms. Anders suggested a sign prohibiting trucks of a certain size. Mayor Randels is informed that State Road 401, North Atlantic Avenue was a County ontrolled road therefore, afore, the City could not enforce restrictions on a County roadway. Mr. Nicholas stated that hat he resided in Harbor Heights and installing stop signs would allow residents aloe North orth Atlantic Avenue access onto the roadway. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 7 of 11 Mayor Randels explained hove the residents pointed out that the Cit s north and south road plan with turning lanes permitted a straight thoroughfare to the Port. Mayor Randels affirmed to Ms. Anders that the City had performed a traffic study_ Mr. Werner Grewe suggested placing the stop signs at the most needed access p oints such as Shorewood Drive and Harbor Heights. Mr. John Anderson, Business and Cultural Development Board Chairperson, informed that although the Boards mission was the development of business, they had discussed traffic restrictions during the Redevelopment Plan. He stated that what the City Manager er g was proposing was a relatively inexpensive tactical issue that would have long -term strategic value toward the City intent to prohibit high -speed traffic. Mr. Boucher informed that of the segment between George King Blvd. and Central Blvd the average daily traffic count was approximately 8,000 and from Central Blvd. to State Road Al A south was approximately 11 ,000. He stated that the Council would hear both negative and positive feedback over stop sign installation. Mr. Boucher responded to Mr. Petsos that the residents were in favor of the stop sign installation on Ridgewood Avenue. Mr. John Grandlich of Ron Jon's Cape Caribe Resort asked for the Council's intent in the use of the stop signs. He stated most of the Resort's visitor=s ingress from George King g Blvd. Mr. Nicholas stated that the City would experience a higher traffic flow rate on North Atlantic Avenue over time. Ms. Roberts suggested establishing North Atlantic Avenue for local traffic only. Mayor Randels replied to Ms. Roberts that the City could not P rohibit traffic on a County road. Mr. Nicholas stated that until the City obtained ownership of the road, there was little to do by way of alternative action. Mayor Randels informed on how the City worked with Ron Jon's Cape Caribe development related to access aloe George e g King Blvd. that proved beneficial for traffic in that area. Ms. Roberts pointed out that feedback from the citizens appeared to be in favor of the Council taking action to install the stop signs. Mayor Pro Tem Hoog agreed with how the residents along North Atlantic Avenue on the east side of the road have difficulty accessing the road; however, he did not observe any traffic problems along the west side of North Atlantic. Ms. Roberts questioned if the speed limit was also lowered on Ridgewood Avenue along with the stop sign installation. Mr. Petsos replied that it was not. Mr. Petsos clarified that there were two possible p oints to Install the two stop signs with approximately 1 ,coo feet between there. The Chair called for the Council's consensus to direct the City Manager to install stop signs along g North Atlantic Avenue. Council members agreed by consensus. Ms. Roberts stated for the record that the Council would schedule a Fall Workshop related to the North Atlantic Avenue project. Mayor Randels placed this item on the Discussion Parking Board. City of Cape Canaveral. Florida City Council Regular Meeting August 21, 200 - 7 7 Page 8 of 11 AUDIENCE To BE HEARD: • Ms. Ruth Anders addressed the Council and questioned the lack of - response to p E mail for Mr. Nicholas. Mr. Nicholas responded that he did not use his computer; however, Ms. Anders could telephone hire. Ms. Anders stated that she did not receive any response related to the Board of Adjustment's decision to be overturned "void abnitio." Ms. Anders also stated that she sent another E -mail for a response related to the Board's draft cleared by the City Attorney. Mayor Randels replied that Ms. Anders' fetter was turned over to the City Attorn . y Mayor Randels clarified that up to this time, the Board has made no decision. Attorney Garganese informed that on Thursday, August 23 the Board would make a final decision. Ms. Anders also asked for the status of the Development Review Process. Mayor Randels replied that there was no final decision. Ms. Anders stated that she requested for the City Attorney to declare the Board's findings Void Ab Nitio {from the beginning} based on seven legal points in that Coastal Fuels did not have the legal standing to Appeal. Ms. Anders informed that she added statements to her most recent document related to Mr. McMillin recusing himself since he was a Harbor Master at the Port and might have financial interest in the tank expansion. Ms. Roberts stated her concern with the cultural norms of the City in not providing for a response to questions and stated that the City does owe the community a response. Mr. Boucher responded that the E -mail was addressed to the Council and this meeting was the first time that the Council could hear her concerns in a public meeting. Mayor Randels explained that Public Meetings were the only forum for the Council to provide direction to staff. Mayor Randels stated that the Council could only make decisions in public and as a collective body. Attorney Garganese stated that the Board of Adjustment needed to complete their delegated duties under the Code on this Application and render a Final Order. Attorney Garganese replied that Ms. Anders use of void abnitio was based on a Pennsylvania ordinance and could not be applied to a quasi-judicial Board. Ms. Roberts questioned the right of the community to weigh -in through the Board of Adjustment's process or the Council's normal business process. Attorney Garganese replied that any challenge would proceed to Court and the City would then defend the Board. Ms. Anders related on the community's frustration over the public health, safety, and welfare due to the Coastal Fuels tank issue. Attorney Garganese responder! to Ms. Roberts that the community would have no public input during the Community Appearance Board meeting on Thursday, August 23`x. City of Cape Canaveral. Florida City Council Regular Meeting August 21. 2007 Page 9 of 11 Attorney Garganese clarified that the Council could choose as large a role as it cared to in amending the City code. Ms. Roberts stated her concern that the Council did not schedule a meeting for continued discussion of the Development Review Process and it was the only meeting not scheduled during the previous City Council meeting. Attorney Garganese referred Ms. Anders to City Code Section 110-40 related to the Board of Adjustment procedures. Attorney Garganese clarified for the record that he had a telephone conversation with both Attorney Rick Torpy and Attorney Karl Bohne related to the rights of the public to speak at a public meeting. He stated that he disclosed, in fairness to the hearing process, Ms. Anders letter as part of the record. Attorney Garganese stated that he opined on the public's right to speak in his opinion Letter. Mayor Randels responded to a resident that the public would not have the right to speak at the Board of Adjustment meeting on Thursday, August 23` Ms. Anders asked the [Mayor for clarification related to who would proceed to litigation. Mayor Randels stated that the next step in the process was the Appellate Court. Attorney Garganese stated that the Board would consider the Draft Order on August 23 and they would either approve the Draft order or amend it; however, of the case. Ms. Anders summarized how the Boar } there would be no re-arguing d should not have allowed Coastal Fuels a Vested bight to Appeal. Ms. Anders pointed out that the community would only have 30 days following the Board's decision to Appeal. Attorney Garganese explained the sequence of events for Mr. Nicholas as: 1) the Board of Adjustment will issue its Final Order, 2) the Building Official and his Attorney will review the final order along with Ms. Anders argument, and 3} they will report back to the Council to explain what options if any the Building Official has in this matter. An Appeal from the Building Official would require authorization from the City Council. Mr. Russell stated that the Council's job was to uphold the law without interference in the Board of Adjustment's process. He stated that any comments back to the public should be made after a decision was made. Ms. Roberts stated her disagreement with Mr. Russell as well as her opinion that the community had not been given its due process. A motion was made by Ms. Roberts for the City Council's Consensus to Direct the Building Official to Request His Attorney Kart Bohne to Evaluate the Council's Appellate Rights and the Council's Right to Declare the Board's Decision Void Ab Nitio and Also For His Attorney Karl Bohne to Respond to the seven Legal Points in GIs. Anders Letter Dated August 20th. The motion failed for lack of a second. City of Cape Canaveral. Florida City Council Regular Meeting August 21. 200 Page 10 of 11 Mayor Pro Tem Hoog stated that he took an Oath of Office to uphold the City's processes and those processes needed to take their course and for that reason he did not second the motion. Ms. Roberts stated the communiVs process was not taken in account. Mayor Pro Tem Hoog stated that while he sympathized with their concern; the process still needed to take its course. The City Attorney clarified that in his view the Council would not have interfered with the process by evaluating what could happen after the Board issues its Final Order. Mayor Pro Tem Hoog pointed out that a Council action prior to the meeting might affect the Board. Ms. Roberts stated her concern with the Council's responsibility as elected officials to respond to the community and she was attempting to obtain a response during the Council meeting. There was no further public comment REPORTS: . City Manager • Mr. Boucher announced the following meetings: * Tuesday, August 2e at 5:30 P.M. --• Chronic Nuisance and Civil Citation Program * Wednesday, August 29 at 5:30 P.M. — Evaluation and App raisal Report o Thursday, August 3& at 5:30 P.M, — Sign Code • Mr. Boucher announced that the Ron Jon Presentation would occur at the Cit Council Meeting on Tuesday, September 4' • Mr. Boucher announced the First Budget Hearing on Wednesda , September to Y p 5 at 5:30 P.M. • Mr. Boucher stated that the Council would need additional meetings to discuss the Evaluation and Appraisal Report. • Mr. Boucher also stated that the Council would need additional meetings on the Development Review process. • Mr. Boucher also announced an oncoming issue related to school Concurrenc Y that would affect development. • Mr. Boucher referred to two Memorandums from the Business and Cultural Development Board and their agreement related to: the new Community Development Director and budgeting for a new City marketin g video. • Mr. Boucher informed that the Beautification Board would work with the Recreation Board to acquire park benches around the City. 2. staff Mr. Morley • Mr. Morley reported on his revised draft of the Building Department p lans for the newly purchased building. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 11 of 11 City Clerk * Ms. Stiffs reminded that the General Election Qualifying Period would end as of Noon on August 31 Recreation • Mr. Lefever thanked the Council for the expeditious process in order to obtain new Recreation Board members. City Attorney • No report. 3. City Council Ms. Roberts • Ms. Roberts agreed with Mr. Nicholas to revise the City Council Agenda to accommodate hearing from the Council and the audience prior to City business. Mr. Nicholas • Mr. Nicholas requested to revise the Agenda format in order to hear from the Council and the audience for approximately one -half hour at the beginning of the Agenda. He suggested that this come before the Consent Agenda. Council members agreed by consensus. Mr. Petsos Mr. Petsos commended Robert Lefever on the Summer Youth Program. Mayor Pro Tern Haag ■ Mayor Pro Tem Hoog suggested Bear the City council and Audience comments prior to City business similar to what is done in Palm Bay. Mr. Boucher stated that he would place Council Member Reports and then the Audience to be Heard portion following the Consent Agenda. Mayor Randels • No report. ADJOURNMENT: There being no further• business, the Chair adjourned the meeting at 1 0:05 P.M. � g Susan Sti s cl CLERK O<"O C' < , 5;i; � Rocky Randets, WOR J NAME-FIRST NAME 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 1 12.3143, 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 dues 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. 153.356 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. 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 incor porate the form in the minutes (Continued on other side) CE FORM 813 - EFF. 112000 PAGE 1 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 I , hereby disclose that on _,p - ---- (a) A measure came or will come before my agency which (check one) l ured 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 �^ Y -� b 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. P} The measure before my agency and the nature of my conflicting interest in the measure is as follows: A7:5j4E d!5 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, ZEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10 CE FORM 8B - EFF. 112000 PAGE 2