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HomeMy WebLinkAboutMinutes 03-16-2004 Regular { 1 i Y I I C CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida 1 TUESDAY March 16, 2004 i 7:00 PM I CALL TO ORDER: ROLL CALL: 1 1 Council Members Present: 1 Mayor Pro Tem Bob Hoog Council Member Steve Miller 1 Mayor Rocky Randels 1 Council Member Richard Treverton 1 Council Members Absent: i Council Member Jim Morgan 1 Others Present: 1 City Manager Bennett Boucher I City Attomey Anthony Garganese 1 City Clerk Susan Stills 1 City Treasurer Andrea Bowers Building Official Todd Morley 1 Public Works Director Ed Gardulski 1 CCVFD Chief Dave Sargeant Sheriffs Office Lt. Don Barker PRESENTATION: j Donation by the American Legion Post 348 1 Mayor Randels reported that the American Legion Post 348 raised $1,000 for the Cape 1 Canaveral Volunteer Fire Department. Mr. Bob Carney, Commander of the Sons of the American Legion introduced the attending Legion Members and said that the funds were a joint contribution from the American Legion and the Ladies Auxiliary. Mr. Carney 1 presented the check to Chief Dave Sargeant of the Cape Canaveral Volunteer Fire 1 Department. On behalf of the Fire Department, Chief Sargeant expressed thanks for their 3 1 donation. He stated that donations are customarily used to support community efforts. a 1 1 a s i 4 I 4 3 3 S 1 City of Cape Canaveral, Florida City Council Regular Meeting 5 March 16, 2004 Page 2 of 10 BOARD INTERVIEWS: 1 ii Connie Trautman, Community Appearance Board. Mayor Randels called Ms. Trautman to the podium. Ms. Trautman affirmed that all application questions were answered true and correct. Ms. Trautman replied to Attorney Garganese that she is a concerned citizen and brings that as her interest to serve on this Board. She also responded that she currently serves on the Recreation Board. Mr. Treverton spoke on Ms. Trautman's behalf as a neighbor and said that she maintains her property in an aesthetically pleasing manner. She replied to his question that she did not have any problem addressing applications that might involve neighbors. Mayor Pro Tem Hoog asked if she planned to stay on the Recreation Board. Ms. Trautman said yes. Mayor Randels explained that the Board overall has increased the City's 1 aesthetic through a variety of homes and commercial projects. Mayor Randels stated that the Council would make a recommendation to appoint Ms. Trautman and a resolution would be on the next City Council meeting agenda. 1 Lisa Moore, Community Appearance Board. I Mayor Randels called Lisa Moore to the podium. Ms. Moore stated that she moved ! C away and therefore resigned from the Beautification Board, however she returned and has been a resident for one year and desired to serve on this Board. Ms. Moore I affirmed that all application questions were answered true and correct. She responded , 1 to Attorney Garganese that she would make the necessary decisions in the best interest of the City. She responded that her first preference is the Community Appearance , Board. Mr. Miller addressed that in being a Realtor she might have to address concerns 1 that might conflict with her real estate interest. Ms. Moore replied that she would abstain I from voting on those issues. Mr. Treverton asked if she had any specialized training to offer the Board. Ms. Moore replied that she has a judicial and administrative procedures I background. Mayor Pro Tem Hoog stated that her previous Beautification Board and real estate experience would be helpful to the Board and he thanked her for her interest. Ms. Moore responded to Mayor Randels that she envisions a more harmonious color scheme on the commercial corridor. Mayor Randels stated that a recommendation to appoint Ms. Moore would also be on the next City Council meeting agenda. I ! I Donald Dunn, Construction Board of Adjustment and Appeals. Mayor Randels called Donald Dunn to the podium. Mr. Dunn affirmed that all questions on I the application were answered true and correct. Mayor Randels summarized that this Board renders decisions based on an applicant's appeal of the Building Official's decision. Mr. Dunn stated that he worked designing electronic equipment for the Federal Aviation Authority. Mr. Dunn replied to Attorney Garganese that he did not have an extensive knowledge of construction code. Mr. Dunn responded to Attorney Garganese that he would use the City codes to render decisions. Council members thanked Mr. Dunn for his 1 i 1 j 1 I i }} F City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 3of10 desire to serve on the Board. Mayor Randels stated that there was availability and a recommendation to appoint Mr. Dunn would be on the next City Council agenda. Mayor Pro Tem Hoog inquired about the two applicants for the Community Appearance Board and asked how the Council would determine the member and altemate positions. Mayor Randels said that traditionally the applicant that applied first would receive the first appointment. CONSENT AGENDA: } 1. City Council Regular Meeting Minutes of March 2, 2004. 2. Proclamation for Irish - American Heritage Month. Mayor Randels asked if any member of Council, staff or interested party desired to remove any Consent Agenda Item for discussion. No request was made to remove an item for discussion. A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No 1 and 2. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Annual Audit for the Year Ending September 30, 2003 as Presented by Bray, Beck and Koetter, CPAs, P.A. Mr. Ed Beck introduced Mr. Charles Tucker, Audit Partner and Ms. Yvonne Clayborough, Senior Audit Manager to review the results of the annual audit. Mr. Tucker reviewed the points of the Audit Plan to include Florida Statutes, Rules of the Auditor General, the Compliance Audit Guide and other technical resources required to compile the audit. Mr. Tucker suspected additional standards for govemment in the future due to trends in the wake of the Sarbanes -Oxley Act. Mr. Tucker reported that there were no instances of sport non - compliance in audit reports and no material weaknesses of intemal control. He also P reported that there were no material instances of non- compliance in grant reporting. Ms. Clayborough reviewed the points of the management letter and any subsequent comments. Ms. Clayborough announced that GASB 34 reporting would begin next year; however staff has undergone significant training. She stated that there was minimal anticipated impact for the City using full accrual reporting. Ms. Clayborough noted an increase in the Capital Asset Floor to $1,000. Ms. Clayborough informed that SAS 99 — Assessing Fraud Risk provides new guidelines for an auditor during the audit process. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 4 of 10 This provision widens the interviewing scope to include Council members and staff. Mr. Clayborough also noted that the New Independent Standards monitor the actions that an auditor is allowed to perform during the course of an audit in order to remain independent of the City's financial functions. Ms. Clayborough reported that the Building Department would benefit from additional formal, written procedures to provide efficiency and consistency from one Building Official to another. Ms. Clayborough reviewed the Unreserved Fund Balance and Retained Earnings. She stated that the City is well above the benchmark in maintaining its fiscal assets. The City's debt ratio per capita was well below other municipalities. Mayor Randels inquired if the fire truck was the notable debt incurred. The auditors affirmed. Ms. Clayborough reviewed General Revenues versus employees and stated that the City's revenue base has grown significantly. The City might also want to consider additional personnel in order to better manage its services efficiently. Ms. Clayborough stated that the City is gaining more in generating revenue from Other Services and the City is doing well in managing its investment income in a tight economy. She reviewed the General Fund Revenues by Source and Expenditures by Activity. Public Safety shows a continued increase of expenses in the budget. Ms. Clayborough stated that on the Sewer Fund Operating Revenues and Expenses the City was near a break -even point in the current year. The auditors would continue to monitor this trend. Mayor Randels expressed his concern over Expenses nearing Revenues in Sewer Fund Operations because the State's Bond Debt requirement of 1.25. Mr. Treverton noted that anticipated new residents would impact sewer operations and revenue should follow to offset the Sewer Fund Operating budget. Mr. Boucher brought attention to the General Obligation Debt on Page 67 and noted that the City has room to develop. Mr. Boucher responded to Mayor Pro Tem Hoog 's question on the increase in Public Safety expense that the City proactively took action and secured additional personnel in Police, Fire and the Building Department in light of development. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve the Annual Audit Ending September 30, 2003. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. The Chair called fora brief recess. The meeting reconvened at 8:15 P.M. 4. Motion to Approve: Emergency Repair of a Sanitary Sewer Main. Mayor Randels stated that the Public Works Director received three quotes to perform the emergency repair and the Public Works Director is requesting $84,500 to award the bid to the lowest bidder. Mr. Gardulski clamed that three written quotes were received. Some additional costs might be required for de- mucking at the location. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 5of 10 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Emergency Repair of a Sanitary Sewer Main in an Amount of $84,500 for Atlantic Development of Cocoa, Inc. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Proposal from J & S Curb/Concrete, Inc. to Construct a Sidewalk on Washington Avenue. Mayor Randels expressed concern over the new requirements for sidewalk construction over vacant Tots making the process cumbersome. Mr. Gardulski stated that his goal is to follow the established sidewalk plan. He clarified that the project includes from the 200 Block of Washington Avenue to Ridgewood Avenue. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Proposal from J & S Curb /Concrete, Inc. to Construct a Sidewalk on Washington Avenue in the Amount of $8,342. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Approve: North Atlantic Avenue Street Lighting. Mayor Randels displayed a photo of the proposed teardrop Tight fixture intended for the west side of North Atlantic Avenue. Mr. Boucher told Mr. Randels that Mr. Gardulski provided a foot - candle measurement in the packet and a 160 - square feet spacing provides adequate overlap of lighting. Mayor Pro Tem Hoog inquired about the difference between white lights versus the sodium lighting. Mr. Gardulski replied that this lighting is for a main artery and it would be in the City's best interest Mr. Boucher informed that the proposed lighting could be viewed at the Roundabout in Vera. Mr. Leo Nicholas inquired about cost. Mayor Randels read the lighting specifications and stated the cost as $28,432. Mr. Nicholas asked about the operating cost. Mr. Boucher replied that the cost is the standard usage fee for the utility poles. Mayor Pro Tem Hoog said that the cost $178 per month for 12 poles. Mr. Boucher clarified that funding for the lights would come from Beautification. Ms. Shannon Roberts supported the white lights versus amber from a public safety standpoint. A motion was made by Mr. Treverton and seconded Mr. Miller to Approve North Atlantic Avenue Street Lighting. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. i City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 1 C Page 6 of 10 ORDINANCES: Second Public Hearing: 1 7. Motion to Adopt: Ordinance No. 04-2004; Amending Chapter 10, Providing for a Definition of and Prohibiting the Commercial Use of Slot Machines or Devices, at second reading. 1 Mayor Randels read Ordinance No. 04 -2004 by title. I 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, ENTITLED "AMUSEMENTS AND 1 ENTERTAINMENTS"; ESTABLISHING A NEW ARTICLE V, ENTITLED "SLOT 1 MACHINES OR DEVICES "; PROVIDING FOR A DEFINITION OF AND PROHIBITING THE COMMERCIAL USE OF SLOT MACHINES OR DEVICES IN THE CITY OF CAPE 1 CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 1 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Ordinance No. 04 -2004 at second reading. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mayor Randels, For and Mr. i C Treverton, For. I ORDINANCES: First Public Hearing: I 8. Motion to Approve: Ordinance No. 05 -2004; Amending Chapter 38, Article IV Entitled Fireworks; Providing for the Prohibition of the Private Use, Storage, or Display of Fireworks, at first reading. Mayor Randels read Ordinance No. 05 -2004 by title. 1 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 38, ARTICLE IV ENTITLED FIREWORKS; PROVIDING FOR THE PROHIBITION OF THE PRIVATE USE, STORAGE, OR DISPLAY OF FIREWORKS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, i SEVERABILITY AND AN EFFECTIVE DATE. Attorney Garganese reported that Attorney Michelle Jackson of the State Attorney's Office had reservations about the language prohibiting private possession and storing of 1 fireworks. Lt. Don Barker stated that private possession is allowed under State law and I said that under City law it could not be prohibited. Attorney Garganese stated that he planned to contact Ms. Jackson prior to amending the language. Mr. Boucher suggested that the Council take action and make any amendments at the ordinance's second reading. Mr. Treverton inquired about the penalty for discharging fireworks. Attorney Garganese stated that fines were omitted from this ordinance and he would draft an I x x 1 i i City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 7of10 enabling ordinance to permit the City to issue civil citations for the next meeting. Attomey Garganese said that law enforcement needed a tool to administer civil citations. Lt. Barker expressed favor with the City's intent toward civil enforcement. Ms. Shannon Roberts I asked if witnessing discharge is a requirement for enforcement. Mayor Randels replied that witnessing would be a requirement similar to any other criminal procedure. Mayor Pro Tem Hoog requested an article on the new fireworks ordinances in the next City newsletter. • A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 05 -2004 at first reading. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2004-10; Casa Del Vista Final Replat. Mayor Randels read Resolution No. 2004-10 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL RE -PLAT OF "CASA DEL VISTA "; C., AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels reported that the Planning and Zoning Board approved the Final Replat at their meeting on February 11, 2004. Mayor Randels stated that this project is a triplex at the corner of Lincoln and Ridgewood Avenues. The addresses are 7051, 7061 and 7071. Mayor Pro Tem Hoog requested to abstain from voting due to a business conflict of interest. [Conflict of Interest Form 8- Attached to the meeting minutes.] A motion was made by Mr. Miller and seconded by Mr. Treverton to Adopt Resolution No. 2004-10. The motion carried 3-0 with voting as follows: Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. 10. Motion to Adopt: Resolution No. 2004 -11; Authorizing the City Clerk to Make Certain Corrections to the Official Zoning Map. Mayor Randels read Resolution No. 2004-11 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE CITY CLERK TO MAKE CERTAIN CORRECTIONS TO THE CITY OF CAPE CANAVERAL'S OFFICIAL ZONING MAP AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. i 1 City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 C Page 8 of 10 Mayor Randels read the resolution in its entirety in order to provide clarification on the need for the corrections. There were questions due to an application presented to the Planning and Zoning Board. The City did address the issue in 1980, however staff at that time did not make the anticipated changes. Mayor Pro Tem Hoog questioned the difference in the footage that Mr. Venable presented from that on the map. Attorney Garganese replied that the City Planner sent Mr. Venable a letter stating that the boundary line was at 350 feet and Mr. Venable used the information on his survey. Subsequent review discovered that the line should reflect 361 feet. Attorney Garganese stated that on July 15, 1965 the City Council adopted Ordinance 81- 64 -E that established the C -1 Commercial district boundary for this particular area of the City. No record has been found to reflect that action was taken to correct the zoning map. Under City code section 110 -247, the City Council can correct scrivener's errors as long as that correction does not amend what was decided by a zoning ordinance. Mr. Boucher replied to Mayor Pro Tem Hoog that the surveyor determined the footage as 361 feet and Mr. Venable has been notified. Mayor Randels called for clarification of the additional whereas clauses to the resolution from the City Attorney. Attorney Garganese stated the additional amendments : 1) that the C -1 Commercial district boundary was established by Ordinance No. 81 -64-E on July 15, 1965 and the C -1 zoning line was not changed from that date forward, 2) City code section 110 -247 permits the City Council by Resolution to correct scrivener's errors on the zoning map and 3) in Section 1 of the Ordinance, the City Council hereby directs that the C -1 commercial district boundary described in Ordinance No. 81 -64-E as depicted on the attached Exhibit A pursuant to the professional land survey of 1980 be depicted on the official zoning map of the City of Cape Canaveral. There was no public comment. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Authorize the City Clerk to Make Certain Corrections to the Official Zoning Map to Include the City Attorney's Amendments. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For, Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher reported that he submitted two reports on the space needs assessment for public safety facilities. He requested to defer the Code Review meeting until April 20th in order to workshop the space needs assessment on April 6' Council concurred. Mr. Boucher would also provide a written report to Canaveral Port Authority. • Mr. Boucher also reported on the model space shuttle project. He presented several models on a storyboard display. Mr. Rob Lucheck from Top Flight is working on a computer - generated model for project construction. He noted that the proposed stand is the }33 City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 j C Page 9 of 10 same as that used at the Veterans Memorial museum on Merritt Island. Mr. Boucher informed that Mr. Dennis Jenkins of NASA is a project consultant and this project would help formulate the first digital shuttle model. • Mr. Boucher related that Ms. Christina Brown of NASA offered to take information to our sister City, Vila Do Bispo during her upcoming visit Mr. Boucher thanked NASA for their assistance. • Mr. Boucher reported that Florida Power and Light replied that they would not move the feeder pole on Chandler Street unless at the owner's expense. Also, the adjacent property owner expressed disapproval on the applicants request of 14 -feet • Mr. Boucher commended the City Treasurer and her staff on a successful audit. 2. Staff Mr. Gardulski • Mr. Gardulski reported that bids were published for Wastewater Treatment Plant System Improvements and the Reuse Line. City Treasurer • No report. Mr. Morley • Mr. Morley announced that the Manatee Sanctuary Park Pavilion is underway. The entrance at Central and Thurm would be dosed for several days. I C City Clerk • Ms. Stills reported that the new Code Supplements are available and asked Council members to bring their codebooks to the Clerk's office for revision. City Attorney • Attorney Garganese spoke on a possible vested rights hearing as a quasi-judicial matter. He advised the Council on speaking to any person regarding Madison Cay [Sand- in-the-Shoes] prior to the hearing. The City Manager would research if a resolution has been adopted regarding ex -parte communications. He said that if it is found that ex -parte communications are allowed and the applicant is allowed to speak to members of the Council outside of a meeting, the Council should keep in mind that this would make the applicant privy to information prior to the meeting. Council members expressed to review facts in a public meeting. City Attorney would convey to the applicant's attorney that the Council would prefer to review the facts in a public forum. AUDIENCE TO BE HEARD: • Ms. Shannon Roberts expressed that the neighboring time -share provides a high traffic environment for adjacent residents especially in light of the most recent Bike Week event. Mr. Boucher recommended that Ms. Roberts report any irregular activity to staff. • Ms. Roberts asked the Council to consider an historical museum in light of the City's i significant historical events. Mayor Randels informed that the Port is pursuing a maritime museum. Mr. Boucher suggested combining the projects. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 10 of 10 t • Mr. Trent Milliken stated that he replied to Attorney Garganese's notice on the code. Mr. Milliken said that what the Council had before them was his answer to the City Attorney's proposal. Mr. Milliken requested to read his letter from the City Attorney. Mayor Pro Tem Hoog suggested that Mr. Milliken meet with the City Attomey and City Manager. Attorney Garganese stated that he would review and study Mr. Milliken's response with the City Manager. Attomey Garganese would contact Mr. Milliken with their comments. 1 3. City Council t. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog inquired about the landscaping at Fairvilla. Mr. Boucher replied that Fairvilla has no problem with the landscaping, however they are contesting sidewalk installation. i Mayor Randels • Mayor Randels announced the Professional Art Show on Saturday, March 20' at the Library. • Mayor Randels announced that Cape Canaveral would host the Space Coast League of Cities meeting in April. t ADJOURNMENT: I t There bein . F L11 •,business, the Chair adjoumed the meeting at 10:00 P.M. h. s h ` 5.:. ------- ) Cil..4.,,LoS ! T.' 1 .. 1 Rocky Randels, MAYOR 1 � ,� T ai It Susan, i. ;.QITY I s 1 P' I t C t k t t (hillf F t t t t ti t G i FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 1 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME — MIDDLE NAME NAME OF BOAN, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE /1006 // � - A OfWt E.... Nci L MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON CITY Z' 0 -!L. (�,�„�^f "AV COUNTY WHICH I SERVE IS A UNIT OF: - � �'� ®'L�nY O COUNTY ❑ OTHER LOCAL AGENCY C AP, n LiPVE- A , w> l ��� /��� NAMEOF N: DATE ON WHICH OCCURR °`. % C ^� `". T Y v �Q P� 6g'N Pt�S' -0' �- , MY POSITION IS: �- I (v 0 014LECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. I Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 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" indudes 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). • • r x • • ► • R • " ♦ t s f 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. 1 e • : • i + w s . : • • • + t + APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disdose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made 3 by you or at your direction. I lc 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 85 -EFF. 112000 PAGE 1 I ) 4 APPOINTED OFFICERS (continued) i c, • 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. I 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. a i • 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 I meeting, who must incorporate the fort in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, OtQ! 1 E I-►C3D __, hereby disdose that on 2G 1 G , 20 O`i- (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 foss 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: , 1 1 j 1 .- - I LO - 0 44- " a _____ _ Date Filed Signature I 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 88 - EFF. 1/2000 PAGE 2 1 i I i