Loading...
HomeMy WebLinkAboutMinutes 11-15-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 15, 2005 7:00 PM MINUTES CALL TO ORDER ROLL CALL: Council Members Present: Council Member Mayor Pro Tern Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Recreation Director PRESENTATIONS: Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Nancy Hanson Brevard County Sheriffs Office to Present Awards to Local Business in their Support of Hurricane Katrina. Corporal Brenda Dean presented recognitions to those who assisted in the Hurricane Katrina Relief Effort: Certificate of Appreciations were presented to — Cape Canaveral Volunteer Fire Department; Cape View Elementary School; City of Cape Canaveral; Cocoa Beach Fire Department; Cocoa Beach Police Department; Eller Corporation; Gator Truck Leasing; Hayes Property Management; Hometown News; La Cantina; Nancy Cacciatore Law Firm; Stan's Cape Canaveral Hardware; Straw Hat Lounge; Wachovia Bank, Canaveral Branch; Liz Bass, Cocoa Beach Police Department; Linda Bentley, Allied Barton Security; Roland Turner, Allied Barton Security; Barbara Floyd, Community Emergency Response Team. A Letter and Certificate of Appreciation were presented to Brevard County Sheriffs Office Personnel — Bonnie Ferguson, Cape Canaveral Precinct Secretary; Sarah City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 2 of 12 McKillop; Deputy Tracy Morell; Paula Potter, Cape Canaveral Precinct Secretary; Deputy Sherry Pope; Corporal Andrea Robertson; COP Tom Bailey; COP Charles Bostwick; COP Bob Peters; COP Al Skinner. Commendable Service Bars were presented to the Brevard County Sheriffs Office Personnel: Corporal Mitchell Boshnack; Corporal Brenda Deans; Corporal Jack Ehrig; Corporal Gene Hope and Deputy Barry Liford. Plaques & Keys to the City were presented to: Kyle Lewis — Commercial Carrier Corporation; Don Frye — Mid Florida Freezer; Berts Swets — Disney Cruise Lines; Gary Redwine — Boldwater Concepts; Mike Gulick — Go- Signs; BeLinda Paris — United Space Alliance; Jeffrie Jacobs — United Space Alliance; Dale Coxwell — Coastal Steel; John Dismore — Brevard Homes; Dave Adams — Integrated Distribution Services (IDS) and Ron Kladzan — Praxair. Keys to the City were presented to Eller Corporation; Budget Rent -a -Car and U -Haul/ Canaveral Auto Clinic. A plaque was presented to Kim Minster at Allied -Barton Security. The Department showed a video of the relief efforts in Poplarville, Mississippi. Sheriff Jack Parker, Corporal Mitch Boshnack and Corporal Brenda Dean also presented Letters of Commendation, Keys to the City and plaques to local organizations and businesses that participated in gathering supplies. In closing, Sheriff Jack parker thanked Mayor Randels and the City for their assistance. The Chair called for a short recess. The Chair reconvened the meeting at 7:30 P.M. OLD BUSINESS: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 1, 2005. Mayor Randels asked if any Council member, staff or interested party had any discussion on the item. He noted the following corrections to the minutes: 1) On Page 3, second full paragraph should read, "Council requested a rip anted copy of the meeting, not an audio copy "and 2) To change the position of the main motion and the amendment to the main motion on Page 6. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the City Council Regular Meeting Minutes of November 1, 2005 as amended. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 3 of 12 CONSIDERATIONS: 2. Motion to Approve: Renewal of Group Medical, Dental, Vision and Life Insurance. Mayor Randels explained that the Council discussed this item at a previous meeting and requested additional information. He related that the City budgeted 25 percent for health insurance; however, the renewal rate is 29 percent. Mayor Randels explained the options presented in a survey given to the employees as: 1) to retain the same plan with a payroll deduction of $10.06, 2) to elect a reduced coverage. Mr. Morgan pointed out that one of Council's considerations was to retain the existing health coverage and for the City to incur the cost. He said that the City Treasurer related that funds were available in the budget. Mayor Pro Tem Hoog stated that perhaps more funds should be budgeted in the upcoming year. He also stated that the total overall loss to the City is $9,000- $10,000 to incur the rate increase. Mr. Petsos stated that he found the cost to be $19,000. Mr. Morgan expressed that it requires more money to live. Mr. Petsos replied that Mayor Pro Tem Hoog expressed that he would prefer to inform employees prior to anticipating a payroll deduction. Mr. Boucher asked Ms. Stills to recap the options. Ms. Stills related how a survey went out to the employees with the two previously mentioned options and the employees provided feedback for Council's input. She also related if Council deferred the decision to approve the Health Plan coverage, the renewal rate may be subject to a higher cost as the decision comes near the January timeframe. Mayor Randels noted that 15 of the surveyed employees wrote in a choice to remain with the existing plan with no payroll deduction. Mayor Randels stated that the rate would rise from $434 to $560 per person for 36 employees. He stated that perhaps better budgeting for the upcoming year would meet the rising costs. Ms. Bowers informed that the City budgeted for 25 percent and there were other parts of the insurance package that did not increase and those funds could be used toward the medical component of the costs. Mr. Petsos expressed concern with a balloon figure in the coming year and burdening taxpayers with the increasing cost. Mr. Morgan expressed that City employees have incurred costs such as rising fuel prices and the City should take care of its employees. Discussion followed on the need to inform employees that they would be required to pay a percentage of health care insurance costs in the upcoming year. Mr. Bruns expressed that he agreed with Mr. Petsos stating that some taxpayers do not have access to health care coverage and he too would agree that the employees assist in paying for their health care coverage. Mayor Pro Tem Hoog restated that he City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 4 of 12 desired to see the employees duly noticed prior to implementing a payroll deduction. Mr. Morgan expressed to see any available funding used for the employee's health care. Mr. Petsos agreed in favor of the existing plan based on notification of a payroll deduction for health care coverage in the upcoming year. Mr. Bruns stated his agreement. Mr. Kenneth Veenstra expressed how recruitment has been minimal because of the existing health care plan. Mr. Larry McCormack related that the whole benefits plan scheme affects recruitment. He stated that the City of Cape Canaveral also does not provide family coverage. Mayor Randels confirmed that one of the City's previous employees accepted a pay rate reduction to gain more in benefits. Mayor Pro Tern Hoog asked for a comparative of health care costs from other cities. Mr. Boucher replied that Cape Canaveral is not comparatively sized with the other municipalities. Mr. Petsos requested that the City combine with either the Town of Malabar or Palm Shores in order to bid along with a City of comparative size. Mr. Boucher informed that, under Florida law, a change of provider required the need to solicit bid. Ms. Shannon Roberts expressed her concern that the City insurance coverage does not have a family plan. Mr. Boucher informed that the employee would pay $14,000 per year, out -of- pocket for family coverage, $12,000 for a spouse and $10,000 for a child. Ms. Roberts asked if the City could combine with other cities around the State. Mr. Boucher related how the City has amended the plan from a PPO to HMO to accommodate costs. Mayor Randels summarized the Council's decision to approve the plan and for staff to research earlier in the fiscal year on health care benefit options. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve the Renewal of Group Medical, Dental, Vision and Life Insurance. The vote on motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. PRESENTATION: Burt Bruns Mayor Randels related how Mr. Bruns was appointed to complete Mr. Steve Miller's term on the Council. In Mr. Bruns brief time with the Council he participated in and voted on some of the following: the National Night Out, the Center Street Landscaping Plan, the Overnight Camping Ordinance, Wastewater Study Rate, Mixed Use Request, Supreme Court decision Kilo v. New London, Emminent Domain, underground utilities on Thurm and West Central Blvds., Legislative Priorities, the Florida Building Code, Emergency Generators, the Verizon Wireless Tower, a new maintenance Building at Public Works, International Property Maintenance Code, a vote on the offer of the 3.5 acres for City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 5 of 12 a new City facility, Special Exception for a Conveyor Belt, updates to the Florida Building Code, Playground Equipment at the Cape View Elementary School, a 90-day Moratorium on Special Exceptions in the C -1 Zoning District, a Code of Conduct for City Council and City Boards as well as the Budget process. Mr. Bruns stated that the decisions made are that of the Council and he returned with prior year's experience. Mr. Bruns expressed that he was pleased and honored by the appointment to complete Mr. Miller's term. He congratulated Mr. Nicholas on his win in the 2005 General Election. Council members thanked Mr. Bruns for his time. OATH OF OFFICE: Robert E. Hoog, City Council Member Leo Nicholas, City Council Member The City Attorney administered the Oath of Office as City Council members to Mr. Hoog and Mr. Nicholas. NEW BUSINESS CONSIDERATIONS: 1. Motion to Approve: Agreement for Professional Services with Norman R. Wolfinger as State Attorney for the 18th Judicial Circuit Court of Florida. Mayor Randels explained that Legislation of July 1, 2004 changed how funds are divided among State Attorney's and Public Defenders. The Agreement would expand the State Attorney's Office to prosecute on behalf of a municipality. A fee of $50.00 will be charged for any violation of a municipal ordinance that comes to the County Court. Mayor Randels stated the fee structures as: no charge for cases for a plea of initial appearance with no criminal information filed, $100 for two hours for any case with a plea of subsequent to the State Attorney filed with criminal information and $400 for cases resolved by trial. Attorney Garganese stated that this fee structure applies if incarceration is involved. Mr. Morgan questioned the consequences if the City chose not to execute the agreement. Attorney Garganese replied that the case would be dismissed until willing to prosecute. Attorney Garganese requested to change the Agreement language and remove the City Manager's name in the opening paragraph and have it read, "the City of Cape Canaveral." City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 6 of 12 A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Agreement for Professional Services with Norman R. Wolfinger as State Attorney for the 18th Judicial Circuit Court of Florida. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 2. Motion to Approve: Preliminary Replat of Beachside Townhomes Second Addition. Mr. Morgan disclosed that he had no involvement in this project; however, due to his knowledge and friendship with the contractor he asked if he should complete a Voting Conflict of Interest form. Attorney Garganese stated that the law requires a Voting Conflict form if there were financial profit or loss. He advised Mr. Morgan to complete a form if he had any other business arrangements with the contractor. Mr. Morgan agreed to complete a Conflict Form. Mayor Pro Tern Hoog informed that he had completed a Voting Conflict Form prior to the meeting. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Preliminary Replat of Beachside Townhomes Second Addition. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, Abstain; Mr. Morgan, Abstain; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Public Hearing: 3. Motion to Approve: Ordinance No. 21 -2005; Amending Chapter 102, Article II, of the Code of Ordinances Relating to Land Clearing, 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; SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels questioned Section 102 -40.5 regarding, Permit Requirements He noted that the Building Official may issue a land - clearing permit regardless of any requirements. Attorney Garganese replied that the new ordinance was relaxed on tree removal exclusive of specimen trees. The language "regardless of any requirements" was subject to the more stringent requirements of specimen protection. Mayor Randels stated that this ordinance provided for tree removal on City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 7 of 12 any single lot. He expressed concern that this would allow for extensive tree clearing. Mayor Pro Tern Hoog clarified that this ordinance referred to either, a single home, duplex or triplex at a maximum on a single lot. Attorney Garganese stated then the developer would need to meet the requirements of Section 102.40 under Tree Replacement. Mayor Randels read that the developer would have the option of. 1) paying a $250 fine per tree removed or destroyed, or 2) replacing at a minimum of 4 inches of diameter breadth height (dbh) of desired species, or 3) not required for trees where the tree falls under the exceptions of Section 102.40(b). Mr. Phil Campbell of Surf Drive expressed his understanding that if he purchased three single lots he could remove all trees and replace with up to 4 inches of dbh. Mayor Pro Tem Hoog stated that the City has an ordinance to protect historic trees and this ordinance is an addendum to a main ordinance that addresses excluded trees. Attorney Garganese stated that the Council requested a more relaxed standard for any property smaller than four - units. Mr. Morgan explained that discussion originated from extensive tree growth that begins to damage residential property. Mayor Randels stated that that is a permit exception in Section 102 as emergency removal of trees for the health, safety and welfare of the public or trees harvested for a licensed tree nursery. Mayor Pro Tern Hoog referred to previous discussion that included a question from Mrs. Bea McNeely on how to address tree overgrowth on residential property. Mr. Nicholas concurred and stated that the discussion was specifically on Mr. Lamar Russell's property. Attorney Garganese stated an option to address lot size and a limitation on tree mitigation. Mr. Morgan stated that discussion originated with existing homes and he preferred not to infringe on an owner's rights. Mayor Randels stated that government has a permitted exception to remove a tree for the health, safety and welfare of the public. Mr. Nicholas asked if the Council could make a distinction between a developed and an undeveloped lot. Mayor Randels referred to property such as the Oak Hammock area or the Jamieson property. He stated that trees could be removed on that property through this ordinance. Mr. Morgan stated that a tree of equal value would be a benefit. Mayor Randels replied that some trees are not of equal value in the tree mitigation process. Mr. Boucher stated that mitigation is the criteria for tree removal. He said that the City has requirements for new development. Mayor Randels stated that lot size was not addressed in the proposed ordinance. The existing Code addresses larger lots. Discussion followed that the size of the lot was not a criteria to build a triplex. Mr. Petsos reminded that previous discussion included shifting the footprint in order to preserve trees. He stated that the addendum was added to give permission to those who chose to develop two or three units. Mr. Boucher referred Mayor Randels to the new requirement in Section 102-45 for development of single - family, duplex and triplex development. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 8 of 12 Discussion continued on the possibility of infringement on a property owner's right to develop their lot. Mr. Boucher stated that the proposed ordinance called for tree mitigation that did not exist in the former Code. Mr. Morgan expressed that the Council could not deny a property owner the right of development. Mr. Petsos stated that some provision should be included to retain some of the trees on the lot. Mayor Pro Tem Hoog stated that additional language in the ordinance and further review may be required. Mayor Randels expressed his concern with the word "regardless" and requested to add more definitive language. Mr. Morgan explained that the proposed ordinance set out requirements for a single lot; however, this would more specifically address larger lots. Mayor Pro Tem Hoog asked about the possibility of encroaching within a property owner's own setback. Attorney Garganese related how discussion occurred on shifting the development within the setback. The City Attorney will return the ordinance with additional language. RESOLUTIONS 4. Motion to Adopt: Resolution No. 2005 -42; Appointing a Mayor Pro Tem. Mayor Randels read Resolution No. 2005 -42 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels nominated Bob Hoog to serve another year as Mayor Pro Tem. A motion was made by Mayor Randels and seconded by Mr. Morgan to Adopt Resolution No. 2005 -42; Appointing a Mayor Pro Tem by Inserting the Name, Bob Hoog. The vote on 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. REPORTS: 1. City Manager • Mr. Boucher reported that the subject offer for the AJT property was respectfully declined. Mayor Randels suggested a workshop to discuss the next course of action. The City Manager suggested a City Facilities Workshop for Tuesday, December 6 t ' at 5:00 P.M. Mr. Nicholas noted the Staton property. Mr. Morgan suggested transferring the Police Department and retaining the campus style. Mr. Nicholas agreed with Mr. Morgan's concept. Mr. Boucher will include the Staton property and any previously discussed information in the Workshop packet. Mr. Boucher informed that the Port deputies currently report to the Canaveral Precinct. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 9 of 12 • Mr. Boucher informed that State Representative Bob Allen filed House Bill No. 313, the Clean Oceans Act that would apply to all Florida ports and Gaming Ships. He encouraged Council's full support of the Bill. • Mr. Boucher reported that the City was added to the funding list of the Florida Department of Environmental Protection for $286,000 for Phase II of the Central Blvd. Canal. • Mr. Boucher reported that the Center Street landscaping project is underway with Benko Construction. • Mr. Boucher welcomed Mr. Nicholas back to the Council. 2. Staff City Treasurer • No report. Recreation Director • No report. City Clerk • No report. AUDIENCE TO BE HEARD: Mr. Pat Campbell of 307 Surf Drive spoke in regard to the Special Exception for a Conveyor Belt System and the fragmented manner in which the project was presented. He planned to address some project specifics. He noted a huge pile of aggregate rock and stated the rock pile was central to the operation. Mr. Campbell stated that in the City Council minutes the system was stated to be 1,700 feet. He clarified that the first phase is 1,700 feet; however the total completed length would be 6,000 feet and comparative to State Road A1A. Mr. Campbell stated the project was not presented as a three -phase project. He stated that the hours of operation were also not clearly presented. Mr. Campbell informed of a possible twelve -hour operation. He noted one set of minutes that stated a half -day operation to move the pumice. However, he found that the design was intended to move 3,000 pounds per hour and three million tons in the first year. He said that the 1,000 represents a single ship all day long. Mr. Campbell informed that citrus pellets are also included in the transport of aggregate and pumice and this was not disclosed to the City. He stated that different elements were presented with different City decision making bodies. Mr. Campbell commented on the noise level and said that this system abuts some residential properties. He stated that one of the City's criteria was no rock would be present until operation and rock is City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 10 of 12 present at this time. Also, the rock is being processed without a sprinkler system. He also noted a reference from the Board of Adjustment minutes that adjacent property owners were notified twice; however, there were some people not included in the first notification. Mr. Campbell commented that the land was cleared and the City inspected subsequent to the removal. The City recommended fines of approximately $500,000. The City Attorney was asked to find if those fines were statutory and Mr. Campbell saw no response. Mr. Campbell informed that Phase III encompasses 28 -acres that would enter the City limits on property owned by the Port. Mr. Campbell expressed concern with the full scope of the project. He asked that the City obtain full disclosure on the project. He stated that much of what the City agreed to was not adhered. Mayor Randels replied that the City Manager would compile all of the recommending Board's previous discussion. Mr. Campbell restated his concern with a 7-day, 24- hour operation due to the number of processing hours. Mr. Morgan approximated 8,760 per year and the conveyer would run 118 of that time for a 3 to 4 day operation. Mr. Nicholas stated that one of the comments made during discussion was a ship was in Port might require expedited operation and longer hours. Mr. Nicholas asked the City Attorney if there was a way to revisit that Special IL Exception. Attorney Garganese replied that there is procedure in the Code for such a matter to return to the Board of Adjustment. Discussion followed on a course of actions if no conditions were applied to the Special Exception. Council members requested a copy of the Code Board Agreement on the tree mitigation. Mr. Campbell stated that he viewed the web site, reviewed the minutes and read the Port Canaveral newsletter to gather information on the project. He did not see, however, any of the things that Mr. May committed to perform. Mr. Campbell informed that Mr. May stated that he had a permit from the St. John's Water Management District, but he found no evidence of it. • Ms. Marilyn Rigerman of 405 Adams Avenue asked if the Council planned to return from the table the Resolution to reappoint her to the Board of Adjustment Mayor Randels replied that all appointments were tabled prior to the election and would be placed on a subsequent agenda. She stated her interest to return to the Board as she served for 24 years. • Ms. Rigerman commended the Council for adopting the Code of Conduct, but commented on the irony in legislating member conduct. • Ms. Shannon Roberts expressed that the physical appearance of the conveyor belt influences the City's aesthetics. Mr. Campbell replied to Ms. Roberts that the Port intends to embellish the system with artwork. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 11 of 12 3. City Council Mr. Nicholas • No report. Mr. Petsos • Mr. Petsos asked to see the sidewalk on North Atlantic Avenue completed since the water table has subsided. • Mr. Petsos asked what the City could anticipate of the $3.8 million that the County has available. Mr. Morgan • Mr. Morgan thanked the City Manager for the progress made to clean up Ridgewood Avenue. Mayor Pro Tern Hoog • Mayor Pro Tern Hoog reported on Space Coast League of Cities discussion in support of a One -Cent Sale Tax for County transportation needs. • Mayor Pro Tern Hoog informed that Brevard County Recycling Board asked the Space Coast League of Cities to ask all cities to request that local businesses recycle on a voluntary basis. • Mayor Pro Tern Hoog reported on a Growth Management Committee Meeting on Monday, November 21* at 3:00 P.M. in the Florida Room. • Mayor Pro Tern Hoog reported that the Legislative Committee affirmed the five submitted issues: gaming ships, annexation, fireworks, stormwater and insurance reform. • Mayor Pro Tern Hoog also reported that the League would support a Fireworks ordinance however only in the form of a letter. There was no inclusion of fines distribution to the cities and reference was made to sales but not discharge. • Mayor Pro Tern Hoog reminded of the Space Coast League of Cities Christmas gift exchange at the December meeting. • Mayor Pro Tern Hoog asked about the north end of the sidewalk near the Radisson. The City Manager would address. Mayor Randels • Mayor Randels stated that he would like for the Council to return to reviewing the Land Development Code. • Mayor Randels reported that he spoke with Space Coast Area Transit and there is a provision for a safety clear zone in order to install the bus shelters. • Mayor Randels reported that Commissioner Pritchard asked how the City would like to see the funds disbursed for road repair. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 12 of 12 replied that he spoke to the County Engineer and he recommended holding the paving funds to acquire Interlocal Agreement for improvements. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:00 P.M. ii Rocky Randel , MAYOR Susan ills, CI CLER C C FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ST NAME -FIRST IDDLE NAME �. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 1/ r MAI I ADDRESS _. / 3 G© %12 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: { ✓ L ❑ CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAM OF POLITICAL SUBDIVISION: (27 !L Z& de KTEN WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE ❑ APPOINTIVE C WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which 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- ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the arent 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 carving 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 You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the m 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 filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST drr�rJt S �! D k-6 /P A ) , hereby disclose that on 1 ! — / S - 20 (0 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; / inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Si ature 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 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MIDDLE NAME .L"- E. MAILING CITY �, &4 /,,�r✓X,e DATE ON WHICH VOTE OCCURRED NAME OF BOARD, CON�CIL C / OMMISSION, AUTHORITY, OR COMMITTEE �tl.tdC! L THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: QCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBQVISION: I JAF_ 6 MY POSITION IS: � fi�'ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented With a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which 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 o 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 Oiling 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 filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. // -- DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on— Alo /S 20 4 (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 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: 4 1"Vl!� -, 1,Ai/ 4�(Z'Y' #-PLA- T- Date Filed Etc � s% a� �ivU H/or by which 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. FORM 813 - EFF. 1/2000 PAGE 2