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HomeMy WebLinkAboutMinutes 12-06-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUE December 6, 2005 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk Building Official Public Works Director Bob H oog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski The Chair brought Item No. 10 forward for a presentation. 10. Motion to Approve: Annual Evaluation of Waste Management. Mayor Randels called on George Geletko, General Manager of Waste Management. Mr. Geletko expressed appreciation to the City for its interest in the Cart system. Mr. Geletko reported on a two phase communication program of: Phase 1} letters distributed to Home owners and publishing on the City web site and in the Florida Today and the Hometown News, and Phase 11) focusin on tips to outline cart usage. Cart delivery to homes would begin on January 16 . The automated trucks begin servicing the carts on Monday, February 6 . Yard waste service will begin on the first Monday following delivery and two 96- gallon carts would allow for a large amount of yard waste. Mr. Geletko stated that both carts could be used due to differing collection days. The carts will collect household waste on Wednesday and Saturday and recycling on Monday. The recycling program will be expanded to include magazines, City of Cape Canaveral, Florida City council Regular Meeting December 6, 2005 Page 2 of 11 telephone books, junk mail and possibly cardboard. White goods, slashed tires and furniture collection will continue with an on -call pick -up of 72 -hours notice. The small blue bins will continue for recycling in the future, the plan is to convert the blue bins to 64- gallon containers. These carts can also be used at commercial establishments that do not generate enough waste for a 2 -yard container. Since there are no deposits on the carts, the address will be responsible for the carts. Waste Management will be responsible for cart maintenance and stolen carts. The carts will be identified with a bar code and additional carts are available at $70 per cart. Mr. Nicholas asked if a resident would incur a fee to change the initial 96- gallon cart to a 54- gallon cart. Mr. Geletko replied that there would be no charge for an initial exchange. The $25 delivery fee to change sizes from a 96- gallon to a 54- gallon cart will take effect after program implementation. Mr. Geletko affirmed for Mayor Pro Tern Hoog that cart use information would be provided with cart delivery. Mr. Geletko stated that the 96- gallon size is equal to three garbage cans. The Cart System would improve aesthetics and he displayed a before and after photo of cart use. He also displayed a photo of the automated truck operation. Mr. Morgan inquired about any loose debris during the dumping process. Mr. Jim Tuggle of Waste Management replied that any litter would be picked up. Ms. Catherine Barnes asked about the possibility of hidden items in such a large container and Mr. Geletko affirmed. Mr. Donald Dunn asked why the recycling container was so large in comparison to the existing recycling container. Mr. Geletko replied that Waste Management anticipates a 20 percent increase in recycling. He related that relationally, when residents transferred to the 64- gallon containers, recycling efforts increased. He replied to Mayor Pro Tern Hoog that Waste Management invested in a $3 million fully automated optical sorting process. He affirmed that the home owner does not need to separate garbage. Mayor Randels informed that the schedule days changed at the council request in order to accommodate a Monday green waste pick -up following the weekend. Mayor Randels explained that under the Annual Evaluation of Waste Management, the city expects a level of service and staff tracks any city resident complaints. Staff then addresses any recurrent problems, how quickly the contractor responds and did the contractor participate in any Homeowner's meetings. The City council receives a quarterly report on waste Management's service and this is done in order to improve service. Mayor Randels stated that the City has a goal to respond to concerns within 24- hours. Mr. Boucher reported that the online Better Place complaints are referred directly to Waste Management. However, residents are encouraged to contact the City Manager's office. Mr. Geletko replied that he could generate a report of the company's Better Place responses. Mr. Boucher stated that the five hot spots were identified and staff would continue to monitor those areas. City of Cape Canaveral, Florida City Council Regular Meeting December 6, 2605 Page 3 of 11 Mayor Randels spoke on the aesthetic value of the new cart system. Mr. Petsos asked if two trucks would cover the service area and inquired about the consequences of a break -down. Mr. Geletko replied that the company has a spare truck. Mr. Geletko replied to Mayor Randels that the each new truck is $225,000. He informed that the company anticipates including Cocoa, Cocoa Beach, Palm Bay and Melbourne in the next year. Mr. Geletko expressed that he would be happy to address any Homeowner's Associations on the Cart Program. A copy of the presentation is available. BOARD INTERVIEWS: Catherine Barnes, Board of Adjustment Ms. Barnes affirmed for the City Attorney that the information in her application packet was true and correct to the best of her ability. Ms. Barnes responded that she served on the City's Planning and Zoning Board in the past and felt prepared to serve on a City Board again. She affirmed that she had no problem serving on a Quasi- .Judicial Board. Mr. Petsos related that he served with Ms. Barnes on the Planning and Zoning Board in past years and she would be an asset to the Board. Ms. Barnes replied to Mr. Nicholas that she is self-employed and manufactures gift baskets through a company called Gifts Ahoy. Mayor Pro Tem Hoog stated that he served with Ms. Barnes on the Planning and Zoning Board and recommended her appointment. Mr. Morgan concurred that she would be an asset to the Board. Mayor Randels stated that a Resolution to appoint her to the Board would be placed on -the next City Council meeting agenda. CONSENT AGENDA 1. City Council Special Meeting Minutes of November 10, 24056 2. City Council Regular Meeting Minutes of November 15, 20059 3. Resolution No. 2005 -43; Appointing a Regular Member to the Board of Adjustment (E. McMillin). 4. Resolution No. 2005 -44; Reappointing a Regular Member to the Construction Board of Adjustment and Appeals (N. Boucher). 5. Resolution No. 2005 -45; Appointing a Second Alternate Member to the Planning and Zoning Board (H. Pearson). 6. Approval of Employee Christmas Bonus. 7. outdoor Entertainment Permit for the 1 0th Annual Reindeer 5K RunMalk. City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2005 Page 4 of 11 Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. Mr. Morgan requested to remove Item No. 3 for discussion stating that Mr. McMillin indicated his desired attendance in the letter. Mayor Randels read a portion of Mr. McMillin's letter that read, "If you wish to postpone action on Resolution 2005 -43 to a meeting that I can attend I would be pleased to accommodate the wish of Council. If you feel immediate action is needed then I am sure you will act accordingly." Mr. Petsos said that he understood the letter to say that if the Council had any issue with his re- appointment then he could attend. Mr. Morgan agreed with the will of the Council. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve consent Agenda Items No. 'I through 7. 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: 8. Motion to Approve: Landscaping Services Agreement with Green Blades of central Florida. Mayor Randels informed that the city solicited Request for Proposal for landscape services in August. Mr. Gardulski explained that the chosen f rm would address any large projects such as landscaping on Ridgewood Avenue. Mayor Randels explained that landscaping service would be selected based on the type of service needed. Mr. Gardulski affirmed for Mr. Petsos that the company agreed to a single installation service without the added need of a foreman or manager. Mr. Gardulski clarified for Mr. Nicholas that Nick's Landscaping would still maintain mowing and tree trimming on city facilities, medians and right-of-ways. Mr. Gardulski affirmed to Mayor Randels that Green Blades would also supply plants. A motion was made by Mayor Randels and seconded by Mr. Morgan to Approve the Landscaping Services Agreement with Green Blades of central Florida on an As Needed Basis. 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., Mr. Gardulski excused himself from the remainder of the meeting and asked if the Council had any questions of him prior to his departure. • Mr. Gardulski stated that he would contact Mr. Baugher regarding the sidewalk adjacent to his property. City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2005 Page 5 of 11 Mr. Gardu #ski replied to Mr. Morgan that cleanup on Ridgewood Avenue would continue with newly hired staff. • Mr. Gardulski informed that the National Emergency Grant Workers planted the poinsettias this year. 9. Motion to Approve: Preliminary Replat of Villa Cielo, James Morgan, Applicant, Mr. Morgan disclosed that he filed a Conflict of Interest form due to a financial interest in the project. Mayor Randels referred to the Re -plat of the project on Magnolia and Jefferson Avenue being sub - divided into four townhouse lots. Mayor Randels stated that the Planning and Zoning Board reviewed the re -plat on November 9, 2005. He outlined the re -plat requirements as: a minimum area of 5,250 -feet for each lot, a minimum lot area to be developed of 1,500 square feet, a minimum lot width of 20 -feet and 70 -feet depth, a maximum length of 185 -feet, four parking spaces and a 5 -foot public utility easement encircling the inner lots. Attorney Garganese stated the two recommended conditions of the Planning and Zoning Board as: 1) The final re -plat must depict a drainage easement over the retention area on Lot 1, and 2) the dedication shall indicate that all easements be maintained for the benefit of the owners of Lots 1, 2 8 and 4. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Preliminary Replat of Villa Cielo, James Morgan, Applicant Contingent Upon the Two Conditions Stated in the Recommendation. The vote on the motion carried 5-0 -with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Public Hearin: 11. Motion to Approve: ordinance No. 21-2005; Amending Chapter 102, Article li., Division 2; Providing Land Clearing Criteria for Land that Contains or that will Contain Single Family, Two - Family or Three Family Residential Dwelling Units, at first reading. Mayor Randels read Ordinance No. 21 -2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ARTICLE II., DIVISION 2 OF THE CODE of ORDINANCES RELATING TO LAND CLEARING FOR SMALL SCALE EXISTING AND NEW RESIDENTIAL DEVELOPMENTS SUCH AS SINGLE FAMILY UNITS, DUPLEXES, TRIPLEXES AND SUBDIVISIONS OF THREE (3) OR FEWER SINGLE FAMILY UNITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABI LITY; AND AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting December 6, 2005 Page 6 of 11 Mayor Randels explained that the Council discussed the Ordinance at a previous City Council meeting and requested the City Attorney make revisions and those revisions were included. Mayor Randels pointed out the concern with the language that read, "The Building Official shall grant a permit regardless of the provision set forth in Section 1020." Mayor Randels read from Section 102- 40.5(b), Permit Required, (1) No person shall engage in tree removal or land clearing without first obtaining a land clearing permit issued by the Building Official pursuant to Section 102 -39, (2) upon receipt of the completed application, the Building Official shall not apply the requirements set forth in Section 102-40 and shall issue a land clearing permit authorizing the removal or clearing of any trees located within the footprint of any structure approved by a City development order, (3) The removal of trees not located within footprint of any structure approved by a City development order is subject to the criteria set forth in Section 102 -40, and (4) the Building Official may not issue a land clearing permit under any circumstances for the removal or clearing of specimen trees. The removal of specimen trees is subject to regulation under Section 102- 41. Mayor Randels explained that language was also changed from single family and two or three family developments to a small -scale residential development. Attorney Garganese explained that a small -scale residential development as defined in the ordinance has different permitting procedures from large -scale units. The definition of a small -scale residential development identifies units that include existing residential single - family dwelling units, duplexes or triplexes or land which is subject to a City development order authorizing the construction of a new residential single family dwelling unit, duplex or triplex or subdivision with three or less single family dwelling units. These specific conditions would apply to this category. Mr. Pat Campbell of 307 Surf Drive asked for clarification on the footprint as well as what was approved by the Planning and zoning Board. He requested clarification on the scope of the amendment. Attorney Garganese explained that the ordinance would provide standards missing in the original ordinance. He responded to Mr. Campbell that the Council is defining existing single- family dwellin g units as well as duplexes, triplexes and also considering proposed single - family dwellings units, duplexes, triplexes or subdivisions with three or less providing that a development order has been issued by the City. Attorney Garganese explained further that if a person acquires a development order from the City allowing a single- family structure, then trees can be removed as a matter of right within the footprint; anywhere else, then the City has the discretion to issue the permit based on the criteria that applies for all other developments. Specimen tree removal still requires City Council approval; therefore, the scope of the ordinance is more stringent. Mr. Campbell referred back to the language stating that, "the Building Official shall issue a permit to remove any trees within the footprint." Attorney Garganese City of Cape Canaveral, Florida City council Regular Meeting December 5, 2405 Page 7 of 11 clarified that the wording no longer states that the Building Official shall but may issue a permit. Mayor Randels re -read items No. 2 through 4 for further clarification to include item 5, "there shall be no permit fee for issuance of land clearing permit," of Section 102-40.5. Attorney Garganese explained that the ordinance would encourage a developer to shift a footprint before a development order is issued in order to save trees. Mr. Morley clarified that site plan review begins with construction of four or more units outside of Planning and Zoning review. Mayor Randels stated that the Planning and Zoning Board does not review single-family homes. Attorney Garganese stated that a developer would address the Council to gain a waiver to shift the footprint. Mr. Morley inquired if the right to clear the land could be issued in conjunction with the building permit. Attorney Garganese affirmed. Mr. Craig Stewart related the great effort he expended to maintain trees on his lot. Mr. Campbell asked if the amendment was available online. Mr. Boucher replied that the amendment was available in the Agenda Packet on the City's web site. Mr. Nicholas asked about a letter from Mr. Ray Osborne regarding any artifacts. Mayor Randels read from Mr. Osborne 's letter that asked for any archeological artifacts discovered during the land clearing be digitally photographed and preserved for archival purposes. Attorney Garganese stated that artifacts and human remains preservation are covered in the Florida Statutes. Mr. Morgan informed that the City's Comprehensive Plan also covered this issue. Mr. Nicholas stated that Mr. Osborne's concerns could be addressed at the Ordinance's Second Reading. The City Attorney would review the State Statutes. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Ordinance No. 21-2005 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. SITE PLANS: 12. Motion to Approve: Villa Cielo Site Plan, James Morgan, Applicant. Mr. Morgan disclosed that he filed a Conflict of Interest form due to financial interest in the project. Mr. Boucher stated that the Council could conditionally approve the Site Plan until the Applicant meets the City Engineer's comments on the drainage 9 conditions within 90- -days. Mr. Morley affirmed that the Community Appearance Board approved the project; however, under a different name. Mr. Morgan stated that the drainage calculations have been ordered and the Engineers are working on them at this time. Ms. Bea McNeeley stated that the Engineers requirements list contained five items. Mr. Morgan replied that the five items were presented and one item remained. She also inquired about the side slope. Mr. Morgan replied that a 3 to 1 slope is a legal City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2005 Page 8 of 11 slope. Mayor Randels noted that Council had a letter dated November 9 with only one outstanding item. He clarified that the City Engineer's recommended approval contingent upon the drainage requirement and Council's approval was subject to this condition. Mayor Pro Tem Hoog questioned stormwater retention on driveway areas. Mr. Morgan replied that the comment was a question and not a requirement. Mayor Randels clarified the comment on keeping the stormwater area free from debris. Mr. Campbell asked about the number of parking spaces. Mayor Randels clarified that the parking required three spaces per townhome; however, the developer exceeded the minimum with four parking spaces per townhome. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to approve the Villa Cielo Site Plan, James Morgan, Applicant with Conditions as They Pertain to the Engineer's Requirements. 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. DISCUS 13. North Atlantic Avenue. Mr. Nicholas requested an integrated plan for improvements to North Atlantic Avenue. He noted a piece meal approach to improvement with the intersection of Central Blvd. and North Atlantic Avenue as well as the improvements at Seaport and Port Side Villas. He understood this is a County controlled highway; however, it is within City limits and there are roads that the County desires to turn over to the City. Mr. Boucher replied that the City did not desire to take over North Atlantic Avenue until the intersection improvements are completed and the middle turn lane from Central to George King Blvd. is completed. Mr. Nicholas stated that the City received $450,000 from the County in road impact fees. Mr. Boucher replied that Council earmarked the funding for the middle turn lane on North Atlantic Avenue. Mr. Nicholas re- stated the need for an overall approach to road improvements. He also expressed the need to control curb cuts and exits onto the road. Mr. Boucher stated that the city Planner and the city Attorney's office are drafting an access management code that would address curb cut conflicts. Review would help on both North Atlantic Avenue and State Road AlA and council would address this issue in January. Mr. Nicholas inquired about the $450,000 funding. Mr. Boucher replied that the Impact Fee coordinator reported on substantial anticipated funds. Mr. Nicholas replied that he desired to see the funding used for improvements on North Atlantic Avenue and facts were required to inform the citizens. Discussion followed on future roadway adjustment from a two to a four lane roadway. Ms. Shannon Roberts expressed the need for improved lighting on North Atlantic Avenue. She related that a safety issue exists due to pedestrian and bicycle traffic. City of Cape Canaveral, Florida City Council Regular Meeting December 6, 2045 Page 9 of 11 Mr. Boucher noted that County staff would review future projects in light of existing requests. REPORTS: '1. City Manager • Mr. Boucher informed that the next City Council meeting is scheduled for December 20 and asked if the Council desired to cancel the next Cit Council meeting. Mr. Morgan stated that he had no problem with the delay on his upcoming site plan. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog for an Add -On Item to the Agenda. 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. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog To cancel the December 20 City Council meeting. 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. • Mr. Boucher informed that the County commission passed the County fireworks ordinance by a 3 -2 vote. Electronic billboards would be posted within City limits. He replied to Mayor Pro Tem Hoog that Helen Voltz and Jackie Colon were the opposing votes on the fireworks ordinance. • Mr. Boucher reported that he received a response from the County on the City's ad valorem tax question. 2; staff Building Official • Mr. Morley reported on a Notice of Violation at 8200 Astronaut Blvd. to reduce and satisfy a lien. He stated the need to address signs without faces. The current code has no provision for signs without advertising. An Opinion from the City Attorney using Code Section 34 -100 states the need for a sign to be covered or enclosed. Mayor Randels asked for the length of time to repair due to hurricane damage. Mr. Morley replied that his department would meet with the business on its plan to repair the sign; however, after 184 -days the City would pursue Code enforcement. City Clerk • Ms. Stills thanked the City Council, staff and the citizens of Cape Canaveral for their support of her nomination as City Clerk of the Year. City of Cape Canaveral, Florida City council Regular Meeting December 6, 2665 Page 10 of 11 City Attorney * No report. AUDIENCE To BE HEARD: Mr. Bill Campbell thanked city staff for their outstanding support in answering his questions. 3. city council Mr. Nicholas • No report. Mr. Petsos • Mr. Petsos asked for an accounting of $4 million of city's property tax funding submitted to the county. Mayor Randels explained that to date the County has not provided a specified account of the city's tax funding. Mr. Morgan asked about the County's audit standards and questioned audit report comments. Mr. Boucher replied that the county reports definable expenses. * Mr. Petsos inquired about the mitigation on the cape Caribe project. Mr. Morley replied that the Building Department report provided status; however, he would give an update. ■ Mr. Petsos inquired about the agreement for the cape View Playground equipment. Mr. Boucher replied that the agreement would be on the School Board's Agenda for December. • Mr. Petsos wished all a Merry Christmas. * Mr. Petsos requested to establish a standard for where sexual predators are allowed. Mr. Morgan Mr. Morgan wished Council, staff and the audience a Merry Christmas and Happy New Year, Mayor Pro Tem Hoog * Mayor Pro Tern Hoog asked about Mr. Baugher's buffer and drainage ditch. The Public Works Director would contact Mr. Baugher. • Mayor Pro Tern Hoog asked about the Fairvilla Megastore landscape plan on the sign. Mr. Boucher replied that he spoke with Mr. Russomano who is working on a wax myrtle buffer. • Mayor Pro Tern Hoog announced the Space coast League of cities meeting on Monday, December 12th. City of Cape Canaveral, Florida City Council Regular Meeting December 6, 2005 Page 11 of 11 Civ Mayor Randels • Mayor Randels asked for suggestions for the City Christmas gift exchange during the Space Coast League of Cities dinner. The City's recipient is the City of Rockledge. • Mayor Randels referred to Mr. Ray Osbome's request on any artifacts uncovered during construction. He informed that the City Attorney would research State Statutes regarding historical finds. Mr. Osborne stated that a local contractor found some medicine bottles and he requested that they be put aside in order for development to continue. Mr. Osborne's letter was made part of the record and the City Attorney would return with a response from State Statutes. • Mayor Randels asked about the model shuttle project Mr. Boucher reported that his Executive Assistant is working on anticipated costs. Mr. Morgan suggested placing an article in the Hometown News to seek ideas. • Mayor Randels reported that he could not find City code that addresses ice cream vending. Mr. Boucher replied that a person needed a physical address to obtain an Occupational License in the City. • Mayor Randels reported on a program from the Sheriffs Office, the File of Life that notifies emergency services of a resident's medical history. The Sheriffs Department purchased the first 5,000 and each file cost$.60 a piece. Mayor Randels requested $60.00 to print 100. Mr. Morgan suggested $180.00 for 300 packets. Mayor Randels asked for Council's consideration. • Mayor Randels reported that the City mission statement plaque needs an update from a "safe, clean affordable beach-side community" since the word affordable no longer applies. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:30 P.M. 44, ‘- CR6C)4A Cagh"...DOL4.. Rocky Randels! MAYOR Susan S 1 s, CI CLERK t;. C FORM 8B MEMORANDUM OF VOTING CONFLICT FOR - 1 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 ERVE IS A UNIT OF: G , c. L ��� ;VVHICH ITY ❑COUNTY ❑OTHER LOCAL AGENCY � NAME OF POLITICAL SUBOMSION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTNE ❑ APPOINTIVE WHO FAUST 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, counci', 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 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 govemment 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 officers 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 oraiiy 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 WLL BE � TAKEN: f • 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 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 1, - , hereby disclose that on (a) A me sure 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 foss 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 J 20' by which S)gnature 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. / 61 CE FORM SB - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME - -FIRST NA E--- MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE r f r c MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ' - �. / .4 1 � 4 H I SERVE I5 A UNIT OF. CITY ❑ COUNTY ❑ OTHER LOCAL AGEN IT COUNTY NAME of POLITICAL SUSO DATE ON WHICH VOTE OCCURRED 0 6 " D -- --- ---•_. ,.._ -_ -- __ _, _.,,�� - MY Q05iTION I5: r-- E LEC T IVE ❑ APPOINTIVE WHO MUST FILE FORM SB 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, counci', 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 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 govemment 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). w ELECTED OFFICERS: _ In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE WROTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining frorn 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. i IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: 3 • 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 SB - 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 Q,, ___�_` ? :'. '' : hereby disclose that on - , 20 a (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 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 i Sidnature 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, DEMCTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. , by which CE FORM 88 - ErF. 1/2000 PACE 2