Loading...
HomeMy WebLinkAboutMinutes 03-07-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 'I'I Polk Avenue, cape Canaveral, Florida TUESDAY March 7, 2006 7:00 PM MINUTES CALL To ORDER: The Chair called the meeting to order at 7:03 P.M. ROLL CALL= Council Members Present: Mayor Pro Tem Council Member Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk Building Official Public Works Director PRESENTATION: Marine Resources Council Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski Ms. Beth McMillen, Assistant Director for the Marine Resources Council, opened with information on invasive plant species. Ms. McMillen stated that the Florida Department of Transportation created a plan to address the National Scenic Byway that extends from Titusville to Wabasso on State Road US 1. She noted the Brazilian Pepper as the most prominent of the invasive species. Ms. McMillen explained the plan to educate the public, seek funding, apply for permits and recruit and train volunteers and provide maps of the corridors. She informed the Marine Resources Council would assist with grant writing for public entities and would also remove Brazilian Peppers without charge on private lands between the corridor and the lagoon shoreline. The Scenic Byway Corridor Management Committee meets on the second Wednesday of every month in Palm Bay. Ms. McMillen welcomed public participation. She closed by saying that the Marine Resources Council seeks to extend the corridor from Wabasso to the Treasure Coast Scenic Byway. _� CONSENT AGENDA: City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 .. Page 2 of 10 1. City Council Regular Meeting Minutes of February 21, 20060 2. Renewal of Turf Area Fertilization, Insect, Disease and Weed Control Services with Black's Spray service, in the Amount of $'14,760. 3. Renewal of the Landscaping and Mowing contract with Nick's Lawn Service, Inc. in the Amount of $'149,100. 4. Emergency Repair of the Wastewater Plant Generator Transfer Switch. 5. outdoor Entertainment Permit for Community Celebration at Manatee Sanctuary Park. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoag to Approve consent Agenda Items No. 'I through 5. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. !Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 6. Motion to Approve: First Amendment to the Solid Waste Agreement with Waste Management Mr. George Geletko of Waste Management, Inc. addressed the Council and stated that the amendment to the Contract incorporated the 96- gallon cart container use. Mr. Geletko informed that residents would receive information on the Cart System on March 16 as part of the Education Program and the collection program would start on Ma y 1s Mayor Randels explained that the Cart System would reduce the number of people needed for operation to one employee with an automated system and thus reduce the company's Worker's Compensation costs. Mr. Geletko stated that the system would improve the neighborhood aesthetics as well as improving efficiency to the City's stormwate r system. Mayor Randels noted that the green waste would be picked up on Monday; however their garbage pick days would change to Wednesday and Saturday. Mr. Nick Stephanovich asked if there was a size limitation for green waste. Mr. Geletko replied that there was no restriction on what is placed in the container. Mr. Geletko informed that two 96-gallon containers would be delivered to each household. Mr. Geletko replied to Mr. Nicholas that the Solid Waste contract would not expire for three and one -half years_ Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 3 of 10 stated that any concerns should be forwarded to Kim McIntire, Executive Assistant, in the Ci ty Manager's er's office at 321-868-1230. Mr. Donald Dunn asked about receiving a smaller cart. Mayor Randels replied that a 64- gallon cart was available. Mr. Geletko informed that during the first 90 days of operation residents could change to the 64- gallon containers at no charge. He asked the Mayor to meet with the residents of those with homes of a zero lot line. Mr. Boucher related that Mr. Kenny Rivera had identified problem areas. Mayor Randels clarified that the amendment does not extend the contract duration. Mr. Petsos inquired about any problems with stolen carts. Mr. Geletko replied that each cart is bar coded. Mayor Pro Tem Hoog inquired about recycling the old containers. Mayor Randels suggested contacting Keep Brevard Beautiful to assist in the recycled container collection. Mr. Geletko informed that Satellite Beach, Indian Harbor, Indialantic were interested and Melbourne Beach would phase-in in 2007. Also, Palm Bay, Melbourne, Cocoa and Cocoa Beach would subsequently phase in. He affirmed to Mayor Pro Tem Hoog that future residents would have three containers to include one for recycling. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve a First Amendment to the solid Waste Agreement with Waste Management The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 7. Motion to Approve: Engineering Consulting services from Brown and Caldwell for Florida department of Environmental Protection operating Permit Renewal in the Amount of $24,830. Mayor Randels explained that the Wastewater Treatment Plant required a Florida Department of Environmental Protection operating permit that is due for renewal by May 25, 2006. Mr. Ted Hortenstine of Brown and Caldwell, Inc. stated that a six -month period was needed for review. He informed that several reports required updating such as: Capacity Analysis, Operations and Maintenance Performance, Reclaimed Water Operating Protocol and a Reuse Feasibility Study. He stated that the firm noted a deficiency in the record drawings and would perform a survey. Mr. Hortenstine affirmed for Mayor Randels that the permitting package would be completed in sufficient time. Mayor Randels clarified that the permitting fee was budgeted; however, the engineer's consulting cost was not a budgeted item. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Engineering Consulting services from Brown and Caldwell for Florida Department of Environmental Protection operating Permit Renewal in the Amount of $24,830. The vote on the motion carried &0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Dorgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 4 of 10 8. Motion to Approve: North Atlantic Avenue Widening Project Engineering Proposal from Dyer, Riddle, Mills & Precourt, Inc. in the amount of $94,3'14.40. Mayor Randels stated that Transportation Impact Fees would fund the engineering cost. He thanked Harriet Raymond for her work as County Project Coordinator. He outlined the project scope as: design survey, road right-of-way, and engineering and geotechnicai services. Mayor Pro Tem Hoog asked if the costs were as projected during discussion. Mr. Boucher replied that costs have increased since the project was first discussed and he outlined some of the improvements as: widening to a three lane urban roadway with curb and g utter and sidewalks, improving the drainage system, and if possible, installing underground utilities on the west side of the road. The County bid the project and would coordinate with staff and the Port Authority and also give Dyer, Riddle authorization to proceed. Mr. Boucher affirmed to Mr. Nicholas that the county would provide total costs for performing the finished work. Mr. Nicholas asked if the County would relinquish the road. Mr. Boucher replied that acquiring the roadway should follow the improvements. He informed that funding was set aside through the Local option Gas Tax for paving North Atlantic Avenue and would be presented in an upcoming Interlocal Agreement. Mr. Nicholas also suggested a combined storm drainage and roadway improvement plan. Mr. Petsos suggested forwarding a copy of the engineering proposal from Dyer, Riddle, Mills and Precourt to the Port Authority for assistance with the road expenditure. He stated that the Port Charter, Article IV, Section 19(a) allows fund expenditure for roadways surrounding or adjacent to the Port. Mr. Boucher replied that the City would coordinate efforts with the engineers. He replied to Mayor Randels that intersection improvements are anticipated before summer 2000. Mr. Boucher replied to Mayor Pro Tem Hoog that the county would use its road and bridge crew on the project depending upon their schedule. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the North Atlantic Widening Project Engineering Proposal from Dyer, Riddle, Mills & Precourt, Inc. in the Amount of $94,3'14.40. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoag, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 9. Motion to Approve: Ranking for RFP No. 05-01 for continuing Concrete Construction Services. Mr. Jeff Ratliff informed that the City advertised this bid in January of 2006 for smaller concrete projects. He announced Gibbs and Register, Inc. as the first ranked firm and Mudrak, Inc. as the second ranked firm. Mr. Ratliff replied to Mayor Pro Tem Hoog that J & S Curb did not respond to the request. Mayor Pro Tem Hoog expressed concern with paying larger fees for projects that could be performed locally at a lesser expense. Ed Gardulski, Public Works Director, stated that the Department would attempt to plan ahead and combine projects for efficiency of costs. Mayor Randels explained that the City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2005 Page 5of 10 Competitive Contractor's Negotiation Act requires the City to negotiate with the firm ranked first and if no negotiated contract is met, to proceed to the firm ranked second. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Ranking for RFP No. 05-01 for Continuing Concrete Construction Services. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 10. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. Council Member Morgan disclosed that he submitted a Conflict of Interest form due to his financial interest in the project and he would not vote on the subject. Mr. James Morgan, Jr. stated that he submitted copies of the completed tree hazard evaluation forms from City Forester. Mr. Boucher informed that the City Arborists concurred with the findings. Mr. Morgan, Jr. explained that T -1 describes the 48-inch tree and T -2 the 34 -inch tree. He informed that both trees have identified problems. Mayor Randels read the hazard synopsis on the T -1 tree located in the lot's center as, "Roof flare 12" plus under soil line from past grade change and fill soil has been added to the east side which covers about 25% more of the root mass to a depth of more than 1 2- inches on top of the First fill, if final grade adds soil to this, the tree will be stressed into a decline to a rate depending on the percentage of stored carbohydrates. Target rating assess with site character after construction and residence living on property. Tree removal recommended if grade is raised andlor more than 10 percent of roots are to be removed in construction or removal of more than 10 percent of live crown ratio (foliage). Core test (shows fiber breakdown about 3- inches into trunk) 3 samples taken, plus cavity opening (b inches wide, 48-inches high) shows strength loss threshold to be about 64 percent in the trunk. " Mayor Randels inquired if the tree removal were recommended. Mr. Morgan, Jr. replied that page two under hazard abatement Called for tree removal. Mayor Randels clarified that a point system was used to identify a tree's hazard from one as a low to twelve as a high. Mr. Morgan, Jr. explained that a total of the categories comprised the level of hazard. Mayor Pro Tern Hoog questioned why the second tree was not rated like the first. Mr. Morgan, Jr. explained that the smaller tree had an included bark that weakens the tree's structure. The Arborist also indicated an inundated Canopy and an angle. Mr. Morgan, Jr. stated that the smaller tree has a multi- trunk. Mayor Randels read the hazard synopsis on the T -2 located on the northwest corner of the lot as, "Low live crown ratio, poor tree structure (low co- dominants) and lean percentage high, tree in high street (crown class - suppressed), Site stress under construction/ grading and removal of suppressing plants will add sunscald and higher rate of stress. Removal andlor replacement recommended." Mr. Morgan, Jr. aft rmed that the Arborist is State certified. Mayor Pro Tern Hoog questioned if the smaller tree was leaning 90- degrees from vertical. Mr. Morgan, Jr. -- affirmed. He confirmed for Mayor Randels that the two trees were identified as 34- inches and 27- inches and not 48- inches for the larger tree as stated on the survey. Mayor City of Cape Canaveral, Florida City council Regular Meeting March 7, 2006 Page 6 of 10 Randels read from Code Section 102-41 that outlines the criteria for specimen tree removal. Mayor Pro Tem Hoog referred to the 34 -inch tree and concluded that based on the hazard information the tree was in poor condition. He noted that the smaller tree had identifiable problems and the Arborist recommended its removal and/or replacement. Mr. Petsos stated that he would like to see a hazard rating on the smaller tree. Mr. Nicholas stated that the larger tree received a poor grade; however, the small tree did not appear to suffer from the same maladies. Mr. Morgan, Jr. informed that the smaller tree has a split trunk that is detrimental to its structure. Mr. Nicholas concurred with the tree's removal based on identified hazards. Mayor Pro Tem Hoog inquired about the applicant's potential recourse on the city if the second tree is not removed and it imposes a futu hazard. Attorney Garganese stated that the City has certain sovereign immunity rights with respect to permitting; however, the C ity code specifically exempts diseased trees from the definition of specimen trees. The Council would hear all the competent substantial evidence presented and would make its determination on the evidence that the trees in question are diseased, if so then they are not specimen trees and can be removed by permit of the Building Official. If the determination on one tree is that it is diseased, then the other tree is subject to removal or replacement as a specimen tree. Council needs to determine if one or both trees are diseased. Mr. Morgan, Jr. stated that the city staff: concurred with the analysis. Attorney Garganese explained that the intent of the ordinance is to remove diseased trees. He advised that the Council could table the matter until hearing from the Arborist and city staff. Mayor Randels read City code section 102.40 and questioned if a hardship were created. Mr. Boucher explained that thapplicant could seek relief by ascertaining the tree's health or through adjusting the building footprint. Mr. Morgan, Jr. informed the Council that he would have the Arborist complete the report on the smaller tree and also coordinate with the city's arborist for an on -site inspection. Nor. Morgan, Jr. asked to receive Site Plan approval contingent upon the stated conditions. Mr. Boucher agreed to coordinate a site inspection with both Arborists. Mayor Pro Tem Hoog concurred. Attorney Garganese recommended having the Arborist consultant and the City Arborist at the next meeting to answer questions. Discussion concluded to have the Arborists meet on -site and submit completed reports in which the Arborists are in agreement. Mayor Randels concluded that Council would not proceed to vote on the item until the stated recommendation was met. Nis. Karen Johnson, 346 Coral Drive, displayed a photo of the tree and referred to an article that identified live oak as a wind resistant species. She asked if the Council would seek assistance from the University of Florida Cooperation Extension. Mr. Boucher informed that the city has a certified Arborist on staff. Ms. Judy Lau of 211 Coral Drive Posed two questions: 1) were the trees healthy, if they are not, then the tree should be removed, and 2) if either one or both are healthy, does refusing or denying the application to remove the trees constitute a hardship to Mr. Morgan, Jr? Ms. Lau concluded that if the �-- trees were not healthy, then they need to be removed. Mr. Joe Ross, co -owner of 227 Coral Drive referred to Code section 102- 40(b )(3) under Permit Exceptions that outlines City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 7 of 10 the requirements for a dead or seriously damaged tree's removal. The Arborist must determine if the tree is unhealthy and/ or is it a serious threat. Attorney Garganese stated that the Council does not have the data to question if the trees were a health hazard. Mr. Ross suggested an unbiased Certified Arborist. Attorney Garganese explained that during a quasi-judicial proceeding the applicant has the burden of proof to secure evidence and expert testimony. Council's decision should be made based on the weight of the evidence. It is not Council's task to independently weigh the evidence, but to use its resources to make a decision. Attorney Garganese restated his recommendation to have the Certified Arborist in the audience to answer questions. Mr. Boucher asked the Council if they believed a hardship exists. Mayor Randels stated that he did not see a hardship. Mayor Pro Tern Hoog said that the City code provides a remedy for hardships. He expressed how he has received unfavorable feedback on how people are affected in building and business when they address City Boards. Mr. John Johansen of 310 Adams Avenue stated that trees exist on most vacant property. He expressed that opposite extremes are being addressed between saving trees and what is being removed for less appealing buildings. Mr. Ross stated that the discussion is specimen trees, not all trees. He referenced the City code that states, "except for extraordinary circumstances or hardships, tree removal was not allowed." Mr. Boucher stated that the applicant was required to mitigate under the Code if the second tree met the hardship requirement. He would need to replace the one tree with 11 trees of a 3 -inch depth breadth diameter, and/or paying $2,750 in the tree bank. Council concluded that the applicant was willing to mitigate the tree. Attorney Garganese replied that if the hardship were not met, then the specimen tree would stay and Mr. Morgan, Jr. could appeal that decision to the Circuit Court. Attorney Garganese stated that the record reflect the Council's desire to have both Arborists present. Discussion provided that agreement in the report would not require having both Arborists present. However, Council requested their presence and the item would be placed at the beginning of the Agenda. For the record, the City Attorney stated that the Arborists needed guidance to provide evidence. Item No. 10 was postponed until the next City Council meeting on March 21, 2006. SITE PLANS: 11. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. Item No. 11 was postponed until the next City Council meeting on March 21, 2006. Mr. Morgan requested for Council to hear Item No. 14 due to lateness of the hour. The Council agreed. City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2005 r Page 8 of 10 RESOLUTION 14. Motion to Approve: Resolution No. 2005 -08; Preliminary Replat Villagio Del Mar -- Block 6, Lots 1 & 2, Avon by the Sea, (Washington Avenue) — Ronald Wallen, Applicant. Mayor Randels read Resolution No. 2005 --08 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY RE -PLAT OF "VILLAGIO DEL MAR"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels clarified that the request is for two, not three residential units. Mr. Morgan disclosed that he submitted a Conflict of Interest form due to his association with the project. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Resolution No. 2005 -08. The vote on the motion carried 4 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Readin 12. Motion to Approve: Ordinance No. 02-2006; Amending Chapter 110, Zoning, Clarifying the Building Official's Duties; Clarifying the General Requirements for a Building Permit; Amending Building Permit Application Requirements, at First Reading. Mayor Randels read Ordinance No. 02 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, of THE CODE of ORDINANCES; CLARIFYING THE BUILDING OFFICIAL'S DUTIES AND AUTHORITY UNDER CHAPTER 110, ZONING; CLARIFYING THE GENERAL REQUIREMENT FOR A BUILDING PERMIT; AMENDING BUILDING PERMIT APPLICATION REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve Ordinance No. 02 -2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 9 of 10 RESOLUTIONS: 13. Motion to Approve: Resolution No. 2006 -07; Supporting Adoption of an Ordinance by the Board of County Commissioners of Brevard County Levying a one Percent Discretionary Infrastructure Sales Surtax for Five Years Subject to Voter Approval in a November 7, 2005 Referendum. Mayor Randels read Resolution No. 2006 -07 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING ADOPTION OF AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY LEVYING A ONE PERCENT DISCRETIONARY INFRASTRUCTURE SALES SURTAX FOR FIVE YEARS SUBJECT TO VOTER APPROVAL IN A NOVEMBER 7, 2006 REFERENDUM; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. Mayor Randels reviewed the list of surtax funding items as: 1) widening N. Atlantic Avenue to three lanes, with sidewalks and street lighting, and 2) reconstruction of roadway, sidewalks and street fighting for Ridgewood Avenue. Mr. Petsos expressed concern that the County has not yet provided disclosure of City tax funding. Mayor Pro Tern Hoog informed that the City of Melbourne, not the County, submitted the Resolution for support through the Space Coast League of Cities. Mayor Randels concluded that the Surtax was for a specified amount over a specified time. A motion was made by Mayor Pro Tern Hoog and seconded by Mayor Randels to Approve Resolution No. 2006.07. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Petsos to extend the meeting to 10:30 P.M. Motion carried unanimously. 15. Motion to Approve: Resolution No. 2005 -09; Supporting House Bill 313 — C lean ocean Act. Mayor Randels read Resolution No. 2000 -09 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING HOUSE BILL 313 — CLEAN OCEAN ACT. For the record, Mr. Petsos requested that the Resolution include support of Senate Bill 732 submitted by Senator Haridopolos. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Resolution No. 2005 -09. The vote on the motion carried 5-0 with voting as follows: } City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 10 of 10 Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For DISCUSSION: 16. Consideration of an Offer to Sell the City Lot 3 (Harbor Heights West Subdivision). Mr. Boucher informed that the project is subject to a Special Exception and the Appraisal used allowable development scenarios of 1) with a development of a single-family, 1 or 2 family dwelling, the appraised value would be $260,000, 2) for three units that is the pending Special Exception, the $340,000 asking price is not an unreasonable asking price. Ms. Hanson reported costs of$100,000 to develop the lot into a neighborhood park. Mayor Randels pointed out that the Recreation Director noted that parking and some other amenities were not practical. Mr. Boucher replied to Mr. Nicholas that the Appraiser declined addressing commercial as not the highest and best property use. Ms. Arlene Valesteri suggested a dog park outlining the need. Judy Lau suggested a walk through park. Mr. Nicholas noted that a park in the northeast section of the City was once discussed. Mayor Pro Tern Hoog expressed concern with spending $340,000 for a dog park. Mr. John Johansen related that he was not agreeable to selling for less than $340,000. A motion was made by Mr. Nicholas to purchase the property at the asking price of $340,000. Motion failed for a second. Mayor Pro Tem Hoog expressed that he was not in favor of purchasing a park that the Recreation Director did not endorse. Attorney Garganese stated that the Board of Adjustment decision was not a deciding factor with respect to the Property Appraiser. Ms. Lau stated that the property is zoned commercial; however, there is no access to a major arterial road. She emphasized that if the Board of Adjustment does not agree to the Special Exception, the developer could still build commercial. Mr. Johansen clarified for the record that before he went to the Planning and Zoning Board, he approached the neighbor to sell the property. Mayor Randels concluded that the City was not interested in purchasing the property; therefore, Mr. Johansen would proceed to the Board of Adjustment on March 13th for a Special Exception. Due to the lateness of the hour, no reports were forthcoming. ADJOURNMENT: The Chair adjourned the meeting at 10:45 P.M. vC..d\e Rocky Randels, I AYOR Susan S • s,C R 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 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 ures 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. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE i'AKEN: • 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) CE FORM 88 - EFF. 1!2000 PAGE 1 (;UUN I Y, MUNKAPAL, AND UTHEK LUCAL PUBLIC OFFICERS 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 7 hereby disclose that on __________ _ _____ '~'` ( 7 - inured asure came or will come before my agency which (check one) 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 ------------------------- ------------------------------------------------ b whom I am retained; or inured to the special gain or loss of W--------------------- —_ -- ------------------------------------------- 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: F --- Date Filed S' nature Y � 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 DIV1L PENALTY NOT TO EXCEED $1 0,000, CE FORM 88 - EFF. 1/2000 PAGE 2 10(olliILII M kT d1l► 1 I [IN 1' J!► W!►01■ KGJ1; Ia :aItfiff!►M111:»Cf"iO »0 LIMA it* 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 lures 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. 163.355 or 153.357 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. r 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 CE FORM 8B - 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 -- _ _ - ---�. ______ -- _ - - - -_ -- -�.__, 2 0 �.-- (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: �' �` � � G-' iG� ���-� -ter- -- �.� �►? �• _ -- ---------------------------- - - - - -- - -____ __ _ __ ___ _ _.,..._ ------ - Date Filed nature 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. 112000 PAGE 2 WHO MUST FILE FORM 3B 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 ^� ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ..ure 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 163.367, 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 -la'N, 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 B E 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 wi incorporate the form in the minutes. (Continued on other side CE FORM 813 - EFF. 1/2000 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 tre 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 1 ' , ' /) s -�' -' jV lb hereby disclose that on �� ����G= , 7 �Q o (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--_-__-____.______._._------------ -T___- ____- __-- _________...___ __- ___-_______, by whom I am retained; or -__ inured to the special gain or loss ofW.___� __---- _______�___�______� whic;h 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: --� 0) 1 A) ----------------------------------------------- ------ Date Filed S nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §11 2.317, A FAILURE TO INTAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT REMOVAL OR SUSPENS FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PACE 2