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HomeMy WebLinkAboutMinutes 05-16-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 11 Polk Avenue, cape Canaveral, Florida TUESDAY May 16, 2006 7 :0o 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 . Council Member Council Member Council Member Mayor Others Present: -city Manager City Attorney City clerk Building official Public Works Director PRESENTATION: Bob H oog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski Spri!lg Single-Family SingLle-Family Beautification Award Mayor Randels called on Ms. Mary Jo Laws to present the award to the Spring Single - Family Award winners. She presented the award to Martin and Jeannie Gaydan of 389 Coral Drive in Harbor Heights. The Gaydan's thanked the City Council and the Board for their recognition. CONSENT AGENDA: 1. city council Regular Meeting Minutes of May 2, 2006. 2. Proclamation for Management Week. Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. City of cape Canaveral, Florida City council Regular Meeting May 16, 2006 Page 2of8 No request was made to remove any of the items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 and 2. 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, CONSIDERATIONS: 3. Motion to Approve: Bid No. 05 -02 Lift Station No. 1, Sewer Force Main Replacement, in the Amount of $797,000 to Maxwell contracting Inc. Mayor Randels stated that the City Manager, the Public Works Director and the city Engineers found the bid high. - Ed Gardulski, Public Works Director, requested to reject the bid and to re -bid the project in the fall. He replied to Mayor Randels that the Department is prepared for any unanticipated line breaks. Mr. Gardulski replied that he did not expect a decrease in the cost. He stated that $400, 000 was budgeted for the costs; however, the bid received was twice that amount. Mr. Gardulski replied to Mr. Nicholas that he was more concerned with excavation than any residual effects of a hurricane. Mayor Randels referred to a previous bid for $395,000 from Vining Technologies in March; however, that bid was withdrawn. The Mayor explained that the current bid was based on the previously submitted pricing. Mr. Morgan stated that since the City Manager and the Public Works Director were confident in responding to any anticipated line breaks, he was in favor of rejecting the bid submitted. Mr. Petsos expressed his preference for more than one bid. Mayor Pro Tem Hoog reminded that the projected year for installation was extending into 2008. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Reject Bid No. 05 -02 for Lift station No. 1, sewer Force Main Replacement in the Amount of $797,000 to Maxwell contracting, Inc. 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. 4. Motion to Approve: Grant Agreement with the Florida Department of Environmental Protection in the Amount of $314,770, Mayor Randels stated that the city's Stormwater Administrator submitted this g rant for improvements to an open drainage between A & B Builders and the Gould's Mobile Home Park. The city would pay 25 percent of the total cost and this would provide a significant amount of the City's stormwater treatment. Mayor Randels explained that this would improve the stormwater flow into the Banana River. Mayor Pro Tem Hoog asked if there were plans to remove the Brazilian Pepper trees along the canal. Mr. Gardulski replied that the pepper trees would be eradicated with the project. Ms. Shannon Roberts asked about the proposed walkway along the canal. Mayor Randels replied that the drainage g City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 3 of 8 project addresses the northern segment of the same waterway. Mr. Gardulski replied to Mr. Lamar Russell that the existing artesian springs were previously Capped. He informed that the project would begin in the next - budget year. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Grant Agreement with the Florida Department of Environmental Protection in the Amount of $3'14,770. 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. ORDINANCES: First Readi nq: 5. Motion to Approve: ordinance No. 07 -2008; Amending Chapter 98, Subdivisions, Article Plats, Division 3. Preliminary Plat; Clarifying the Role of the Planning & Zoning Board Regarding Preliminary Plat Approval; Providing for the City Council to Male Final Decisions Regarding the Approval or Disapproval of Preliminary Plats, at First Reading. Mayor Randels read Ordinance No. 07 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVRAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, ARTICLE 11, PLATS, DIVISION 3, PRELIMINARY PLAT; CLARIFYING THE ROLE OF THE PLANNING AND ZONING BOARD REGARDING PRELIMINARY PLAT APPROVAL; PROVIDING FOR THE CITY COUNCIL TO INTAKE FINAL DECISIONS REGARDING THE APPROVAL OR DISAPPROVAL OF PRELIMINARY PLATS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that the City Manager found that Florida Statutes Section 11 7.07(1) states that a municipality's governing body must approve and show approval of Preliminary Site Plans. Attorney Garganese informed that the City Code needed language to clarify the Council's final decision- making authority regarding plats. Mayor Randels read the Whereas Clauses for the audience's Clarification. Attorney Garganese affirmed for Mr. Garboski that the Council could override the Planning and Zoning Board's decisions. Mayor Randels explained that the Council might receive additional information that would assist them in rendering a final decision. Attorney Garganese concluded that the Planning and Zoning Board is a recommending Board to the City Council. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve ordinance No. 07 -2008 at First Reading. 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. City of cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 4 of 8 8. Motion to Approve: ordinance No. 08 -2008; Amending chapter 28, Elections; Changing the Qualifying Period for candidates and Write-in candidates for the offices of the Mayor and city council to be Consistent with the Requirements of the Brevard County Supervisor of Elections, at First Reading. Mayor Randels read Ordinance No. 08 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE of ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES AND WRITE4N CANDIDATES FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that the current qualifying period begins on the 74 day prior to the General Elections; however it ends following the deadline for Ballot information. The proposed ordinance would allow seven additional days to re- establish the qualifying period and adhere to the Supervisor of Elections deadline. Mayor Pro Tem Hoog questioned why the necessity for write -in candidate information prior to the election. The City Attorney would present an answer at the Second Public Hearing. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Ordinance No. 08 -2006 at First Reading. 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. SITE PLAN: 7. Motion to Approve: Public Works Maintenance Building. Mayor Randels reviewed the proposed changes. Mr. Morgan stated that this project has been considered for many years. Mr. Petsos concurred. Mr. Nicholas inquired about the cost. Mr. Oardulski replied that he would present a proposed cost at a later time. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Site Plan for a Public Works Maintenance Building. 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. City of Cape Canaveral, Florida City Council Regular Meeting May 1s, 2006 Page 5of8 RESOLUTION: Add -on Item: 8. Motion to Adopt: Resolution No. 2008 -18; Approving the Final Replat of Marbella Townhomes, Phase Il,. James E. Morgan, and Applicant. Mr. Morgan and Mayor Pro Tem Hoog disclosed that they both completed Voting Conflict Forms as the developer and the electrical contractor on the project. Mr. Morgan explained that there are three lots in questions of 75 feet by 125 feet and a minimum lot for re -plat for townhouses is 20 feet by 70 feet and each are considerably oversized. Mr. Louis Suarez of 325 Adams Avenue stated that the Lots in question, Lot 5 and the western half of Lot 7, which comprise the three lots. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt Resolution No. 2006 -18 approving the Final Replat of Marbella Townhomes, Phase I1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, Abstain; Mr. Morgan, Abstain; Mr, Nicholas, For, Mr. Petsos, for and Mayor Randels, For. CONSIDERATION: Add-on Item: 9. Motion to Approve: Request for Time Extension, Beachside Townhomes — 2nd Addition Preliminary Replat, John Johanson, Applicant. Mayor Randels read the City code provisions to request an extension. Mr. Petsos questioned the demonstration of good cause. Mr. Johanson stated that he incurred delays due to the previous hurricane season. Mr. Morgan disclosed that due to his business relationship with Mr. Johanson, he would abstain from voting. The City Attorney concurred. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve a Request for Time Extension for Beachside Townhomes -- 2nd Addition Preliminary Replat. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For, Mr. Petsos, for and Mayor Randels, For. REPORTS: 1. City Manager Mr. Boucher informed that he met with County Road and Bridge representatives on the North Atlantic and Central Blvd. turn lane project. He stated that the estimated project costs were $540,000. Mr. Boucher requested that Mayor Randels asked Commissioner Pritchard to approve the County Road and Bridge crew participation. • Mr. Boucher reported that the Interlocal Agreement for North Atlantic Avenue, Central Blvd. and Ridgewood Avenue will be prepared some time in June. City of cape Canaveral, Florida City council Regular Meeting May 16, 2006 Page G of 8 ■ Mr. Boucher reported that he asked Dyer, Riddle, Mills and Precourt for a proposal to design the middle turn lane from central Blvd. south to State Road Al A. ■ Mr. Boucher informed that the Canaveral Port Authority has their Comprehensive Plan on the consent Agenda. Mayor Pro Tem Hoog requested to receive the Port Authority Agendas. ■ Mr. Boucher informed that the Board Order for the building at 8200 Astronaut Blvd. was recorded and would allow for demolition if not found in compliance by July 1, 2806. i Mr. Boucher reported that he drafted a letter to the county Commission chair to request information on tracking the County's fiscal accountability. He asked that the Council review and sign the letter. ■ Mr. Boucher informed that the Metropolitan Planning Council suggested that he seek legislative assistance to address the need for a turn lane on State Road A'IA and central Blvd. He requested that Mayor Randels speak to Representative Bob Allen. ■ Mr. Boucher reported on the sidewalk in front of the Radisson Resort and the need for a permit modification. Mr. Gardulski explained that he spoke with the Florida Department of Transportation who had received but were not in favor of the modification plans for the following reasons: 1) the sidewalk is too close to the drainage structure and 2} the elevation is off- center. Mr. Gardulski suggested a five-foot easement to avoid the structure or to move the structure. Mr. Morgan asked if the city could legally install the sidewalk and assess the property owner. Mr. Gardulski affirmed and said that under a city ordinance, two s ublic hearings g would precede the city installing the sidewalk. ■ Mr. Boucher informed the audience to take the city quality of life survey online from the city web site. 2. Staff Public Works Director ■ Mr. Brad Smith informed that the public appeared receptive to the Ridgewood Avenue meetings. He reported that the public requested asphalt for the bike paths. He stated that there were several unexpected issues such as: the bike paths on the east side of the road and concern to bury the power lines as well as concern for turning radiuses. City clerk ■ Clerk's Office staff contacted you to set a date for the visioning session; however, Mayor Randels reminded of two other events that would occur on the tentative date of Friday, May 19th. She asked for input for another date. Mr. Petsos requested an afternoon meeting. Ms. Stills said that staff would return with a date and an afternoon time. City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 7 of 8 City Attorney ■ Attorney Garganese informed that the City Council would receive some new ordinances for approval from the Planning and Zoning Board. AUDIENCE To BE HEARD: ■ Ms. Shannon Roberts asked that Kathy Reakes from the Hometown News publish an article to encourage people to visit the City web site and take the survey. • Ms. Roberts also asked for an update on the North Atlantic Avenue project. Mr. Boucher reported that he is awaiting Bell South's Completion. Mr. Gardulski informed that the Beautification Board had selected but were awaiting the decorative lighting for North Atlantic Avenue. She Commended the Ridgewood Avenue approach to gain Citizen input. 3. City Council Mr. Nicholas ■ Mr. Nicholas asked if Mr. Gardulski had received feedback on the Change of reuse water hours. Mr. Gardulski replied that residents only requested to know the established times. ■ Mr. Nicholas asked if there were any remedy for a repeat violator of false Fire Alarm responses. Mr. Boucher informed that an order for disconnect is established after the fourth false response. Mr. Petsos ■ Mr. Petsos requested if there were any funds from the County at this time. He asked if there was discussion for approval of $30,000 from the County Commission. ■ Mr. Petsos thanked the City Manager for the fetter on the tax funding. ■ Mr. Petsos questioned the Fines and Forfeitures fund and asked the City Manager to look into the County's open container law and if the City Could opt -in. ■ Mr. Petsos expressed his concern with the Cocoa Beach ban on smoking on the beach due to the increase of alcohol on the Cape Canaveral beach since Cocoa Beach banned kegs on its beach. Mr. Petsos requested to ban kegs. on Cape Canaveral's beaches. ■ Mr. Petsos asked if the City Manager received any information from the Florida Department of Community Affairs on the Ron Jon Cape Caribe project, He informed that the Port's Comprehensive Plan stated a projected 1 million visitors due to the project that would have impact on Cape Canaveral. ■ Mr. Petsos asked for a progress report on the Sea Turtle Lighting project. Ms. Kathy Reakes informed that she was told that Cape Canaveral is last on the list for lighting installation. • Mr. Petsos asked if there were a definition of diseased trees at this time. City Manager replied that the City Arborist would address this issue. City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2008 Page 8 of 8 • Mr. Petsos asked if the City could recoup any of the paving cost for Ridgewood Avenue. • Mr. Petsos noted an Audit Selection Advisory committee meeting on Thursday, May 1 8 th and asked if the council were required to attend. Mr. Boucher said that Council was not involved in the Audit Selection process at this time. Mr. Morgan • Mr. Morgan expressed his thanks on working with the council. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog noted a concern regarding lighting on Surf Drive. The Public Works Director will evaluate this issue. Mayor Randels • Mayor Randels informed that he met Governor Jeb Bush and Ms. carol Green from the Communities for a Lifetime for an acknowledgement to the City of Cocoa for being the 1 00th city to participate. Brevard County was also recognized for its unprecedented participation in the program as well as that of its fifteen municipalities. • Mayor Randels met with the city of Cocoa Beach on its community center plans in which Mr. Jack Mason presented information from Brevard County on its anticipated eight Senior centers. The Mayor related that Cocoa Beach's center is anticipated for Seniors. The Board is seeking possible locations. Mayor Randels informed that Cocoa Beach is also seeking a referendum for funding. • Mayor Randels reported that he is working with representatives of the Residence Inn for a restaurant and a bank. • Mayor Randels noted the many new ordinances from the City Attorney's office. • Mayor Randels informed that the Public Works Department and Mr. Nicholas received acknowledgements for their participation during the Library's Anniversary and the annual Library Book Sales event. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:05 P.M. W Rocky Randel , Mayor Pro Tem Hoog Susan Stills, n cl­__ L FORM 8B 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 MAILING ADDRESS 62 THE BOARD, COUNCIL, COMMISSION, AUTHORTY OR COMMITTEE ON XI ICH I VE IS A UNIT OF: TY Q COUNTY D OTHER LOCAL AGENCY cO TY NAME OF POLITICAL SUBDIVISION: ^I� j� DATE ON WHICH VOTE OCCURRED �' MY POSITION I5: -4 5E , — ELECTIVE C3 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 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 fling the form. INSTRUCTl�NS 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 fling 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) 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 fled. 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 fled. DISCLOSURE OF LOCAL OFFICER'S INTEREST ' hereby disclose that on ' _� _ w , 2❑ - / (a) A measure came or will come before my agency which (check one) inured to special private . Y gain or loss; P g 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: S fir/ T�� G e i✓E.�i? L (::o �2.9G7`O .� ) :i✓� X �=a 2 s�l/f�A+3icL� ��cvD S"- / � -- 615�"l 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, 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 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME - -FIRST NA -- MIDDLE NAME NAME OF BOARD COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS 21 --- 4FE �� THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: +� �,y 0 61TY CI COUNTY Q OTHER LOCAL AGENCY CITY COUNTY O A NAME OF Pg4ITICAL SU I�ISIO A DATE ON WHICH VOTE OCCURRED f O G I MY POSITION I5: 0 ❑ APPOINTIVE 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 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 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. 163.355 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) CE FORM 8B - 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 fled. 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 hereby disclose that on (a) A measure came or will come before my agency which ( c he c k one) / to s pecial p rivate g ain or loss; Y P p 9 2g ' — inured to the special gain or foss of my business associate, inured to the special gain or loss of my relative,__, �_ inured to the special gain or loss of whom I am retained; or , by 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: _ 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 FOLLC)WING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8E - EFF. 112000 PAGE 2 FORM 8B 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 MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON t <f-v / / r � J� WHICH I SERVE 1S A UNIT OF: C1 COUNTY ❑CITY ❑COUNTY C3 OTHER LOCAL AGENCY c NAME OF POLITICAL SUBDIVISION: GATE ON WHICH VOTE OCCURRED MY POSITION IS: v _ ! 445 6 A 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 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 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 toss of a business associate. Commissioners of community redevelopment agencies under Sec. 1 63.356 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 1 5 DAYS AFTER THE VOTE OCCURS by completing and fling 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) 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 fled_ DISCLOSURE OF LOCAL OFFICER'S INTEREST �Z - hereby disclose that on , 20 .._ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; Enured to the special gain or toss of nay business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. , by , which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 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. 1/2000 PAGE 2