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HomeMy WebLinkAboutMinutes 01-18-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Gape Canaveral, Florida TUESDAY January 18, 2005 7:00 PAN MINUTES CALL To ORDER: ROLL GALL; Council Mem bers Present: Mayor Pro Tem Bob Hoo g Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Counci Members Absent: Council Member Steve Miller OTHERS PRESENT: City Manager Bennett Boucher City Attorney Anthony g Gar anese City Clerk Susan Stills Public Works Director Ed Gardulski Building official Todd Morley PRESENTATIONS: Commander George McGee Mayor Randels presented a plaque to Commander Geor McGee. Mayor Randels reviewed some of the highlights of his career in Ca Canaveral. Cap Com mander McGee expressed his appreciation for working ith the i g C ity. He also related the importance of working with the youth in the City. Council members e ' y e xpressed their individual appreciation far his leadership and admirable service. 2004 Reindeer Run Proceeds Check to united a y o f Brevard County and Sponsorship Recognition Mayor Randels called on Ms. Kira McIntire Executive Assistant to the City Manager and Reindeer Run Race Director to make the presentations. Ms. McIntire thanked the City staff, the Kiwanis Club the Cape Canaveral Volunteer Fire Department and the Canaveral Precinct for their volunteer participation. She recognized Mr. Jim Morris of TechVest Inc, as the-- S-Star Co or ate sponsor for a donation of $1,500. Mr. Paul Maluccio of Blue Note Publications rp �cations was recognized City of Cape Canaveral, Fiodda City Council Regular Meeting January 18, 2005 Page 2 for his publishing services to the event. Ms. Julie Song of dear Channel Outdoor was recognized for their advertising support. Mr. Craig Smith, representing Coastal Fuels, was recognized for a $1 000 donation. Mr. Martin Greene of Greene International, Inc. was recognized for a $1,600 donation. Mr. Mike Lowe of Lite Rock 99.3 was acknowledged for their radio and event day emcee sponsorship. Mr. Kohn Bennett accepted recognition for The Ron Jon cape Caribe Resort for its $1,000 donation. Mr. Jim Tuggle of Waste Management was acknowledged for a $1,000 donation. Ms. McIntire informed that there were 261 runners and walkers for the event. She presented Mr. Rob Rains and Ms. Suzanne Sparling of the Brevard County United Way a check for $8,801.14. Mr. Rains expressed that the United Way goal was met in October 2004 and the Reindeer Run check is the first one for the upcoming United way campaign season. Mr. Rains presented Ms. McIntire with a gift and a plague for her Race Coordinator efforts. Mayor Randels presented Ms. McIntire and Ms. Sparling with flowers on behalf of the City for their joint efforts. 2004 Holiday Beautification Awards Ms. Andrea Shaffner, Beautification Board member, presented Holiday Beautification Awards in the Single Family, Multi -- Family and Commercial categories. The winners were: Residential Holiday Winner(s): Milton Patrick, 8001 Ridgewood Avenue and Mr. and Mrs. Blizzard, 106 E_ central Boulevard (two winners were selected due to a tie in voting). Multi - Family Winner: Ocean Woods, Ms. Lollis, 8737 Seagrape court. commercial Winner -- Sheldon Cove, 8810 Astronaut Boulevard. Certificates of Appreciation to Cape Caribe and Benko Construction, Fire Chief Sargeant Chief Sargeant explained how the Cape Caribe Resort and Benko Construction supplied the necessary construction training equipment and made accommodations for his staff trainers. chief Sargeant presented acknowledgements to Mr. Maath Bennett and Mr. John Grandlic h on behalf of the cape Canaveral Volunteer Fire Department. Marguer ita Engel, Intergovernmental coordinator, St. Johns River Water Management District — Presentation of ceremonial check for the 2005 stormwater Cost -share Program. Ms. Marguerita Engel informed that the legislative irrigation rule was postponed. She then stated that cape Canaveral was again chosen for a cost share program check on behalf of the City's Stormwater Program in the amount of $31,390. Mayor Randels explained that the City tools an innovative approach in providing stormwater treatment and he expressed his desire for the City to be first in treating all of its stormwater. City of Cape Canaveral, Flodda City Council Regular fleeting January 18, 2005 Page 3 Mayor Randels related how Johnson Controls world Services installed a water retention systems on its property for stormwater treatment. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 4, 2005. 2. Outdoor Permit for the walk for Bibles, Sponsored by the Brevard Baptist Association. Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. No request was made to remove any of the items for discussion_ A motion was made by Mr. Morgan and seconded by Mr. Petsos to approve Consent Agenda items No. 'I and 2. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 3. Motion to Approve: Wastewater Treatment Improvement Project Change Orders in the Amount of $25,866,18.. Mr. Cardulski stated that these were changes to the original bid proposal for Wastewater Treatment Plant improvements. Mr. Gardulski stated that the previous chlorine gas system was no longer in use and that the new bleach system is safer for the community. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Wastewater Treatment Improvement Project Change orders in the Amount of $26,866.18. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. 4. Motion to Approve: Proposal by Stottler, Stagg, and Associates for Engineering design and Inspection Services for the Reuse Line Extension Project in the Amount of $9,500. Mr. Oardulski explained that due to development on the previously vacant lots, additional reuse lines were needed. He informed that a decrease in Cost would amend the amount to $8,500. Mayor Randels clarified that this project would apply to the 100 blacks of Monroe and Fierce Avenues. City of Gape Canaveral, Florida City council Regular Meeting January 18, 2005 Page 4 A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Petsos to Approve A Proposal by Stottler, staff and Associates for Engineering Design and Inspection Services for the Reuse Line Extension Project in the Amount of $9,500. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Morgan, For,, Mr. Petsos, For and Mayor Randels, For. Motion to Approve: Proposal from wiring Technologies for Reuse Distribution Line Extension in the amount of $38,018. Mayor Randels explained how this proposal would allow the City to use the firm that is already mobilized for continued reuse line installation. A motion was made by Mr. Peter and seconded by Mr. Morgan to Approve the Proposal from Wiring Technologies for Reuse Distribution Line Extension in the Amount of $38,018. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Moog, For Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. S. Motion to Approve. Design Build Proposal from Stottler, Stagg and Associates to construct a Public works Maintenance Building in the Amount of $72,000. Mayor Randels clarified that this is a budgeted item to design and build a maintenance building at the Wastewater Treatment Plant. Mr. Gardulski responded to Mr. Morgan that the building is 20 -feet by 36- -feet. Mayor Randels remarked that the space did not seem adequate. Mr. Hans Saurenrnann stated that $72,000 was too costly for the size of the building. Mr. Nicholas remarked that the cost amounted to $100 per square foot and he too expressed that the building was too costly. Mr. Dennis Dills of Stottler, Stagg and Associates replied that the cost included design and architectural fees as well as construction costs. He recalculated the cost at approximately $65.00 per square foot minus those fees. Mayor Randels responded to an audience question that the project was presented to the City's Engineering firm for design/ build and was not put to bid. Mr. Gardulski stated that projects over $200,000 were required to bid. Mr. Morgan questioned if there were any way to cap the cost for this item. The motion would include that the amount will not exceed $72,000. A motion by made by Mr. Morgan and seconded by Mayor Pro Tern Hogg to Approve A Design Build Proposal from Stottler, Stagg and Associates to Construct a Public Works Maintenance Building in An Amount Not to Exceed $72,000 and If Any Cost savings Found That They Be Remunerated to the City and to Waive Any Permitting Fees. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hood, For, Mr. Morgan, For,, Mr. Petsos, For and Mayor Randels, For. City of cape Canaveral, Florida City council Reguiar Meeting January 18, 2005 Page 5 7. Mahan to Approve: Extension of Deadline for waiver of Permit Fees for Hurricane - Damage Work to March 1, 200511 Mayor Randels related how other Brevard County cities addressed their waiver of permit fees due to hurricane related damage. Mr. Morgan expressed the need for additional time and recommended April 1, 2005 as an extension date. Mr. Hans Saurenmann expressed that the repairs in the City and the County would need one year to complete since some people do not have adequate funding to make their repairs. Mr. Morgan replied that the Council would not cease the waiver, however, they could review it again when the item is presented in April. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Extension of Deadline for a waiver of Permit Fees for Hurricane - Damaged Work to April 5, 2005. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, Far. 8. Motion to Approve: Voluntary Annexation Request for the Properties Located at 432, 434, 436, 438, and 440 Grant Avenue, Mr.Todd Peetz, City Planner, stated that Mr. Charles Hinkley of My Place Realty submitted an application for a voluntary annexation. Mayor Randels stated that the applicant met all of the City's requirements for annexation. Mayor Randels noted that the City Clerk would be required to provide notice to the adjacent property owners. Mr. Peetz explained that the annexation is contiguous on the north side of the property. Mayor Randels noted that this annexation does require a change to the City's Comprehensive Plan: Mr. Peetz affirmed that it would and he noted that small-scale plan amendments are now considered alarge -scale plan amendment due to the density requirement of 15 -units to the acre. Attorney Garganese clarified that the City is allowed two cycles per year for Comprehensive Plan amendments, not two plan amendments per year. Chief Cave Sargeant replied that the proposed annexation would make minimal difference for fire and emergency services; however this annexation would impact law enforcement. Mr. Leo Nicholas inquired about the cost of this annexation to the City. Mr. Peetz replied that there are costs involved in advertising, notifying the County Commission and for his planning services. Mr. Petsos expressed his concern with annexing in property that utilizes the Cocoa Beach serer services. Mr. Morgan stated that more information was needed. Mayor Randels recounted some of the concerns: cost requirements, impact of services and that this annexation would require a Comprehensive Plan amendment. Mr. Hinkley replied that he could work with staff on the concerns that the Council presented. Mr. Hans Saurenmann stated that he did not foresee a reason for the City to annex in the small 1.3 acres and he said that the city should approach the neighbors on the east and west sides to discover if they were City of Cape Canaveral, Florida City Council Regular Meeting January 18, 2005 Page 6 amenable to annexation as well. Mayor Pro Tern Hoog replied that the City could not petition for an annexation for another two years. The item was referred to the staff for further review. No Council Action Was Taken. ORDINANCES: First Reading: 9. Motion to Approve: ordinance No. 01 -2006; Repealing in its Entirety Chapter 40, Article 11, Human Rights, at first reading. Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY CHAPTER 40, ARTICLE tl, HUMAN RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. Attorney Garganese stated that during a previous Code Review Workshop the Human Rights Code was identified for change since the Code provision is regulated under Federal and State laws_ He said that the provision might have been included to regulate Adult Entertainment operations. Attorney Garganese advised that the Council consider repealing the law from the City's code. Mr. Hans Saurenmann stated that the Declaration of Human Rights has nothing to do with City government and he stated that this taw should not be included in the City code. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Ordinance No. o1 -2005; Repealing in Its Entirety Chapter 40, Article 11, Human Rights at first reading. The vote on the ruction carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For Mr, Petsos, For and Mayor Randels, For. DISCUSSION: 10. County - Emerging Emergency Medical Service Issues, Fire Chief Sargeant: Chief Dave Sargeant distributed a letter from Mayor Ron Swank of Titusville. Chief Sargeant referred to an E-mail regarding the City of Palm Bays desire to provide its own emergency medical service. He stated that if the City of Palm Bay acquired its own emergency medical service, this would impact the cost of ambulance service for the City of Cape Canaveral. Chief Sargeant informed that the City of Palm Bay is challenging that a business pays one lump sum; however, multi- family dwellings are charged individually. He stated that $1.6 million would be removed from County funding if Palm Bay leaves the service system. Chief Sargeant pointed out that there are unanswered questions that should be legislatively watched due to their City of Cape Canaveral, Florida City Council Regular Meeting January 15, 2005 Page 7 impact to the City. Chief Sargeant recommended that the Council forward a letter similar to the one he distributed to the City of Pala Bay to obtain answers on the impact of its departure from the emergency services system. Council directed the City manager to forward a letter to the City of Palm Bay& Police Service Issues, Commander Scragg, Commander Doug Scragg addressed the Council and spoke on the City's narcotics issues and expressed his intent to gain control of the situation. He stated that he planned to distribute a Quality of Service Survey at random to residents to acquire feedback on the department's success rate. Commander Scragg also identified traffic as an ongoing problem and related how the department would issue more infractions for quality of life enhancement. Commander Scragg expressed his belief in the Community Policing Program as an avenue for interfacing with the public. He planned to continue the many youth directed programs that service the community. He reported that on Saturday, March 5 th at I 1 :00 A. M., the Department would participate in the Manatee Sanctuary Park Grand Opening. Mr. Sean Schaffner asked if the staff would remain the same vAth the only change being the Commander and the Lieutenant. Commander Scragg replied that productivity is the performance measure to remain at the Precinct. Mayor Pro Tens Hoog asked about the K -9 drug dog? Commander Scragg replied that the officer designated to the K-9 unit had both supervisory and K-9 unit duties. He stated that he preferred that the dog address the one purpose of narcotics. Mr. Boucher commented on the Driving under the influence infractions addressed within the past two weeks and said that Commander McGee established a legacy that ommander Scragg plans to continue. RESOLUTION 12. Motion to Adopt: Resolution No. 2005-04: Authorizing the Mayor and the City Clerk to Execute the Final Re -Plat for oceans Gardens — Wave Four, .dames E. Morgan, Applicant. Mayor Randels read Resolution No. 2005 --04 by Title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL., BREVARD COUNTY, FLORIDA; APPROVING THE FINAL RE4kAT OF "OCEAN GARDENS - WAVE FOUR "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mr. aim Morgan disclosed his voting conflict on the item. Mayor Pro Tem Hoog also expressed a voting conflict with the item. Attorney Garganese stated that due to a tack of a quorum to vote on the item, it would be tabled until the next scheduled City Council meeting. City of Cape Canaveral, Florida City Council Regular Meeting January 18, 2005 Page 8 EMERGENCY ORDINANCE 13. Motion to Adopt. Ordinance No. 02 -2005, Imposing a 50 -Day Moratorium on Issuing Land Clearing Permits in the City. Mayor Randers read the Ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A 60 DAY MORATORIUM ON ISSUING LAND CLEARING PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE PLANNING & ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLLMONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randers explained that the City Council, the Planning and Zoning Board and the Beautification Board met in a Code Review Workshop Meeting on January 13, 2005 and discussed this item. Mayor Randers explained further that under the existing ordinance, a developer is allowed to Clear land within I feet of the proposed structure_ He stated that the developer was within the rights of the ordinance to clear land that included hardwood trees. He informed that the Planning and Zoning Board would review the vegetation ordinance and submit recommendations to the Council. Mayor Randers stated that the Criteria for Tree Removal and Tree Replacement were the items of Concern. He summarized that replacement trees did not fairly compare in the existing ordinance; also, there was no flexibility for adjustments to the site plan footprint in order to preserve trees. Attorney Garganese stated for the record that the statute was not clear on whether it is two-thirds of the governing body or two - thirds of the Council present that is required to vote on an Emergency ordinance. Attorney Garganese replied to Mr. Morgan that if any developer has a permit to a site plan that has been approved; then, this moratorium would not affect their construction. Mr. Morgan asked if previous approval would vest a site plan. Attorney Garganese affirmed. Attorney Garganese stated that two issues apply: 1 ) if the permit is in hand and Construction has begun, then Construction would proceed, and 2} if some form of application was submitted prior to the January 13'' meeting, then that application would prod. Mr. Morgan inquired if flexibility would be given in adjusting the site plan in order to preserve trees. Mr. Morley stated that the first time the building department hears of an application is at the preliminary site plan review. Mr. Morley painted out that there were some developers that might want to address their issues at this meeting. Mayor Randers expressed that the Council's intent is to save hardwood trees through preservation during development. Discussion followed on how to address tree removal and tree mitigation. Mr. Dorgan asked the City Attorney if a Planned Urban Development Could be applied. Attorney Garganese said that a Case --by -Case basis would better address the applicant's needs. He also stated that the Council could provide the Planning and Zoning Board with authorization to make decisions that would provide flexibility. Mr. Morgan pointed out that mitigation Could be addressed during the application process. City of Gape Canaveral. Florida City Council Regular Meeting January 18, 2005 Page 9 Mayor Randels read the intent of the Land Clearing Code Section from Section 102.39. He stated that the City has a provision that describes six exclusions. Mr. Roger Combs addressed the Council and stated that he is working on the property on the west side of A 1 A noted as the Porter property. He expressed that there would be a significant impact with a proposed ordinance change. Mayor Randels inquired about overlaying the tree survey onto his site plan in order to identify prospective trees for preservation. Mr. Combs stated that his company made every effort to abide by the City ordinance as well as community concerns and he stiff has to work vAth the constraints of R -3 zoning. Attorney Garganese replied that Mr. Combs did not have a permit in hand nor did he have a pending formal pre - application meeting. Council made it clear that their intent is to establish more definitive guidelines on tree removal and tree mitigation. Mr. Combs inquired if he would be working under the existing code. Mr. Combs addressed a reasonable tirneframe in order to submit his application_ Mr. Hans saurenrnann asked if this land clearing applied to private property owners as well. He said that the Council should grandfather in property owners in order to protect their rights to land development. Mayor Randels replied that Code section 102.40 states that residential property is exempted. Mr. Morgan recognized that Mr. Saurenrnann might have concerns over notification regarding the ordinance. Mr. Roger Dobson, representing the Marriott Residence inn, stated that there were no hardwoods present on his prospective property. He stated that if the Emergency Ordinance were passed as written, then he would have imposed Bo -Days in order to take action. Mayor Randels replied that due to the Residence inn's level in the application process, the moratorium would not apply to his project. Attorney Garganese stated that the moratorium applied to land clung and the moratorium was not intended to affect those that have begun any part of the site plan process. He related some verbiage that would provide more definitive language for the moratorium. Mr. Morley stated that he would provide a date for the last site plan application in the process. Attorney Garganese replied to Mayor Randels that the emergency nature of the ordinance required no second reading. The Chair called for a motion at 10:07 P.M. to Extend the Meeting. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Extend the Meeting Time to 10 :30 P.M. The motion carried unanimously 4-0. Attorney Garganese stated that the City could consider on a case -by -case basis, limited waivers to project development during the moratorium and code review process. Attomey Garganese explained that if a waiver were granted, the developer might be encouraged to protect trees in an effort to gain adjustments on the property foot print. Mr. Lamar Russell Planning and Zoning Board, stated that during the moratorium the Board would address mitigation. However, he asked that City staff provide verification that the site plan is vested. Mr. Russell pointed out that negotiations on changes that are not yet codified prove difficult for Board decisions. Council decided that the Board would need to make certain judgment calls. Mr. City of Cape Canaveral, Florida City Council Regular fleeting January 18, 2005 Page 10 Martin Greene suggested that an overlay of the topography plan be provided at the Community Appearance Board level. Attorney Garganese said that the Community Appearance Board addresses plans primarily from an aesthetic perspective. Discussion continued on the Board review process and Council members stated their favor with Planning and Zoning Board review only. A resident inquired if a traffic study were done and also asked if the Cites sewer capacity could handle the new development? Mayor Randels responded that Luke Transportation Engineering conducted the traffic study and the City's sewer plant was built for maximum capacity. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Ordinance No. 02.2005 with Amendments and to Remove Its Emergency Reference at First Reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoag, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For, Due to the lateness of the hour, no reports were provided; however, the Council asked if anyone in the audience desired to be heard. AUDIENCE To BE HEARD: A resident inquired about the City's intent to remove and possibly extinguish the peacock population. Mr. Hans Saurenmann stated that there are statistics that would prove a diminishing peacock population. Mr. Boucher responded that on January 4 he was directed to formulate a plan to thin out the peacock population. He stated that he contacted Ms. Helen Filkins to notify interested residents and he also sought information on how to remove or relocate some of the existing peacocks to local farms. Mr. Hans Saurenrnann, as a conoemed citizen, requested a specific date and time on the Council Agenda to discuss the peacock matter. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. Rocky R ndels, MAYOR Susan Solis, t lT'Y CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE iY1C MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: Y1 ?2 elz j G J 25 - CITY ❑COUNTY C3 OTHER LOCAL AGENCY C17y COUNTY NAME OF POLITICAL SUBDIVISION: F../ �.' J 2 DATE ON WHICH VOTE OCCURRED MY POSITI N IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 11 2.3143, 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 foss 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) 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 hereby isclose that on �""' �� y , 20 (a) A m ure 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 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. {b} The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed by which 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 $14 CE FORM 8B - EFF. 112000 PAGE 2 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 fling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and 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) 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 l f /�F - , 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; 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 l 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: df 41P 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. 112000 PAGE 2