HomeMy WebLinkAboutMinutes 05-18-2004 Regular CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 18, 2004
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Steve Miller
Council Member Jim Morgan
Mayor Rocky Randels
Council Member Richard Treverton
Others Present:
C oe City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
City Treasurer Andrea Bowers
Recreation Director Nancy Hanson
Building Official Todd Morley
PRESENTATION:
Representative Bob Allen, Legislative Issues Update.
Mayor Randels informed that Representative Bob Allen would arrive some time to provide
his legislative update.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of May 4, 2004.
2. Resolution No. 2004-19; Appointing a Second Alternate to the Beautification
Board (A. Schaffner).
Mayor Randels asked if any Council Member, staff or interested party desired to remove
any item from the Consent Agenda for discussion.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
tof Page 2 of 9
No request was made to remove any items from the Consent Agenda for discussion.
A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve
Consent Agenda Items No. 1 and 2. The vote on the motion carried 5 -0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor
Randels, For and Mr. Treverton, For.
CONSIDERATIONS:
3. Motion to Approve: Quarterly Budget Report and Transfers for the Period
Ending March 31, 2004.
Ms. Andrea Bowers, City Treasurer, stated that the City's ad valorem tax was collected at
93 percent. Due to changes in State laws there was an overall net decrease of $2,000.
She expressed that the communication services taxes are on the rebound and she would
report again with the next Budget Transfer. Ms. Bowers made relative budget changes due
to wage adjustments. Mayor Randels noted the defibrillator purchase and said that all City
employees would be trained on their use. Ms. Bowers replied that the cost was distributed
over several accounts. Mayor Randels also noted the Council Chambers audio purchase
that benefits the listening public. Ms. Bowers noted the Law Enforcement computer
purchase. Mr. Boucher stated that the purchase did not change the Law Enforcement
bottom line budget. Ms. Bowers explained that the purchase decreased the operating
contract by $27,000 and increased their capital budget by the same amount. Mayor
Randels stated that $91,000 was transferred to repair a broken sewer line. Mayor Randels
reported that a portion of the Bennix funds was transferred to the Beautification Fund for
the Butterfly Garden leaving $166,000 in reserve.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve the Quarterly Budget Report and Transfers for the Period Ending
March 31, 2004. The vote on the motion carried 5-0 with voting as follows: Mayor
Pro Tem Hoog, For, Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr.
Treverton, For.
ORDINANCES: Second Public Hearing:
4. Motion to Adopt: Ordinance No. 09 -2004; Implementing the Use of Civil
Citations for Unlicensed Contractors and Failure to Obtain a Building Permit,
at second reading.
Mayor Randels read Ordinance No. 09 -2004 by title.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND
CODIFYING A NEW CODE SECTION IN CHAPTER 82, ARTICLE XV RELATING TO
UNLICENSED CONTRACTORS AND CONSTRUCTION WITHOUT A BUILDING
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
Cr Page 3 of 9
PERMIT; AUTHORITJNG AND ESTABLISHING PROCEDURES FOR IMPLEMENTING
THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA
STATUTES FOR UNLICENSED CONTRACTING AND FAILURE TO OBTAIN A
BUILDING PERMIT AS MORE SPECIFICALLY SET FORTH HEREIN; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING
FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
For the record, Mayor Randels read the Whereas Clauses within the ordinance. Mayor
Randels stated that this ordinance was initiated to protect the residents' public, health,
safety and welfare. The intent would allow Code Enforcement Officers to cite individuals
who perform construction work in the City without a valid permit. Mr. Boucher suggested
to change Section 5 to read, "effective upon 30 days of adoption" to help the Building
Official provide adequate notice. Council members concurred with the change. Attorney
Garganese stated that a Resolution to adopt a citation form would be on the next City
Council meeting agenda. Mr. Morley informed he would place a citation form at the
Building Department counter to make contractors aware of the new code as well as
including an article in the next City newsletter. A warning to unlicensed contractors would
also be placed on the marquee.
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There was no public comment.
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A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt
Ordinance No. 09 -2004 at second reading. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For Mayor
Randels, For and Mr. Treverton, For.
RESOLUTIONS:
5. Motion to Adopt: Resolution No. 2004-20; Formally Supporting Continued
Operation of Patrick Air Force Base and Cape Canaveral Air Force Station.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
FORMALLY SUPPORTING CONTINUED OPERATION OF PATRICK AIR FORCE BASE AND
CAPE CANAVERAL AIR FORCE STATION; PROVIDING AN EFFECTIVE DATE.
Mayor Randels explained that a group within the Department of Defense has decided that
20 percent of the nation's military bases are no longer needed. At the local level, the
decision to close a base is dependent on the mission of the facility and the need in the
community. Congress will delay closures for two years; however, closures are imminent.
Mayor Randels said that the preservation of Patrick is fundamental, but more than that it is
a receivership in the community of those people who enjoy the local amenities. A lobbying
effort is forthcoming in Washington in an effort to retain Patrick Air Force Base. Mayor
Randels reviewed the many valuable programs managed through the Base and
Ce emphasized their benefit to the community. He also provided statistical data on the
economic impact of having the base in the area. Council members expressed their support
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
Cof Page4of9
of the resolution. Mr. Donald Dunne inquired about the economic benefits of not having the
base in its location. Mayor Randels replied that one main criterion was the value of the
land if the govemment should sell to a private enterprise. Mr. Leo Nicholas explained that
if the govemment sold the land, a one -time benefit of sale would occur, however, it would
mean residual services to the people who live in future developments. Mayor Randels
reminded that since the 1995 Base Realignment and Closure, only Homestead which was
already closed due to Hurricane Andrew was eliminated.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt
Resolution No. 2004 -20; Formally Supporting Continued Operation of Patrick Air
Force Base and Cape Canaveral Air Force Station. The vote on the motion carried
5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mr. Morgan,
For Mayor Randels, For and Mr. Treverton, For.
6. Motion to Adopt: Resolution No. 2004-21; Sunrise Villas Final Plat.
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A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPROVING THE FINAL PLAT OF "SUNRISE VILLAS TOWNHOMES"; AUTHORIZING
THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Morgan stated that he had a personal interest in the project and Mayor Pro Tem Hoog
also declared a Voting Conflict of Interest. Both Council Members completed a Conflict
Form and submitted the same to the City Clerk. Attorney Garganese stated that Mr.
Morgan and Mayor Pro Tem Hoog could participate in discussion on the item; however, I
they could not vote. Mr. Morgan stated that the project location is just south of Central E
Blvd. Mayor Randels informed that the packet contains the approval of the Fire
Department and the recommendation of the City Planner with regard to land development.
Mayor Randels referred to a statement at the bottom of Page One under Public Services
Facilities that reads, "impacts on public services for 14, three residential units are level of
services for parks, recreation and two area parks'. Mr. Morgan replied that he only had
knowledge of three units. Mr. Morgan stated that there are approximately 2.7 acres left for
development and under the City code, 15 residential units per acre were allowed.
A motion was made by Mayor Randels and seconded by Mr. Miller to Adopt
Resolution No. 2004-21; Sunrise Villas Final Plat The vote on the motion carried
3-0 with voting as follows: Mr. Miller, For, Mayor Randels, For and Mr. Treverton,
For.
DISCUSSION:
7. Community Center.
Mayor Randels informed that Cape Canaveral was invited to meet with the Cocoa Beach
Commission regarding the Freedom 7 Center. He recounted the history of various
1 City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
Ce Page 5 of 9
Freedom 7 Center locations and summarized that Freedom 7 is looking for another
location at this time A joint meeting was held on May 5th with the Cocoa Beach
Commission and the Cape Canaveral City Council to discuss ideas to assist with the
relocation. Several concepts were discussed including a special taxing district shared by
East Merritt Island, Cocoa Beach and Cape Canaveral. Ms. Nancy Hanson provided a list
of the many activities that the Cape Canaveral Recreation Center provides for seniors in
the community. Mr. Morgan expressed that the City is having a difficult time finding
property to locate Cape Canaveral facilities. He expressed that the existing Center's
minimal annual membership fee was another concern and perhaps a fee restructuring
would provide funding support. Mayor Randels informed that surveys confirmed that most
people would not travel out of their locale to participate in activities.
Mr. Morgan inquired about the land on the east side of the hospital and said that this might
be modified to meet the Center's needs. Mr. Miller said that Senior's activities are covered
through the City's Recreation Center. He expressed that it would be redundant for
Canaveral residents to support a tax when the stakeholder share is minimal. Mr. Treverton
concurred and noted that Cocoa Beach had only one seniors program. Mayor Pro Tem
Hoog brought out that the Commission planned to pledge $30,000 to subsidize the
program; however, no facility was available for its patrons. Mr. Boucher read from the
upcoming Cocoa Beach Agenda in that the Mayor of Cocoa Beach requested $30,000 for
Cov the 2005 budget to support Freedom 7 at its current location until long term facilities could
be found or to direct the City Manager to begin negotiations with Brevard County and
Cape Canaveral to find a long term solution for Freedom 7 including but not limited to a
Recreation District Referendum to build a center. Mr. Morgan stated that he would like to
see the City of Cocoa Beach implement a program at the Country Club facility. Mr.
Treverton pointed out that the land at the old Cocoa Beach library is also available. Mayor
Randels suggested that the City Manager forward them the Recreation Director activities
analysis.
Mayor Randels reported that he and the City Manager met with Ms. Gail Daley, Executive
Director. The question at the onset was property availability in Cape Canaveral in order to
relocate the Center. Ms. Joyce Barry, Secretary for the Freedom 7 Board, said that there
was land available near the Surfside Players playhouse. Ms. Barry stated that the Center
was merely looking for temporary available space, perhaps to a room in the Canaveral
Recreation Center when not in use, should the Freedom 7 need to move immediately. Ms.
Barry stated that Freedom 7 emphasizes life enrichment activities in addition to bingo and
dances. Mr. Morgan suggested using the meeting rooms at local hotels. Ms. Nancy
Hanson commented on the results of committing to a taxing district along with East Merritt
Island and Cocoa Beach if the City residents did not elect to do so. Mayor Randels stated
that for temporary use, the Recreation Center could be available for limited use. Mr.
Boucher reiterated that he planned to report to the Cocoa Beach City Manager that: 1) the
Cape Canaveral Council is a conservative body and was not interested at this time in
forming a special taxing district, 2) the Cape Canaveral's Recreation Department provides
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
Page 6 of 9
many senior activities throughout the year and he would include the analysis report, and 3)
Cape Canaveral is willing to maintain a dialogue with all related parties on this situation.
Representative Bob Allen arrived at this time
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Mayor Randels introduced Representative Bob Allen of District 32. Representative Allen
expressed that he chaired the Brevard County Delegation this year. Representative Allen
reported on the process of designating the State soup and said that during the
reorganization of the Secretary of State, the State soup was set aside and will return
during the next session. Representative Allen reported that the Legislative session did well
with $58 billion in Florida's budget this year. Florida sales tax revenues continued to
provide revenue during tax cuts. The budget reflects a 7 percent growth. He stated that
$21.8 billion of the budget was allocated to health insurance and human services.
Representative Allen stated that for- profit HMO is a concern in that using a business
model in the health care industry would not fairly compare value with service.
Representative Allen reported that $18 billion of the State budget is for education. The
District Cost Differential (DCD) equation was initiated to provide quality education for both
large and small counties, however, middle counties suffered under this system. With some
changes to the formula, Brevard County could anticipate some $2 billion. Representative
Allen replied to Mr. Morgan that Representative Ken Pruitt initiated a more accurate
reporting system to illustrate how lottery money is used in education. Representative Allen
concluded lastly on the budget that 2.8 billion was allocated to Agriculture and Natural
Resources that include: a project at the Port on water and sewage handling, a reuse water
valve from the mainland to the beaches and $9 billion used for transportation and
economic development for public safety. Mayor Randels commended his State Aide
Matthew Dupree for his extensive knowledge of the legislative process and his assistance
during the Legislative Days.
Representative Allen stated that there is a Constitutional requirement for class -size
amendment and said that Brevard County is in good standing in its teacher student ratio.
Representative Allen brought out the High Speed Rail issue. He expressed that the high-
speed rail concept in any country is a socialized, subsidized system that the State of
Florida would be committing to support it. He stated that there is an amendment to place
the High Speed Rail back on the ballot and he encourages citizens to review and forward
their response to the legislature. He encouraged citizens to support placing the High
Speed Rail system on a future Transportation Planning list and not in the Constitution.
Representative Allen stated that the goal to change how an amendment is introduced is
still under revision. Mayor Randels informed the audience that the Brevard Delegation
generally votes in block on issues that affect the County. Mayor Randels reported on the
favorable amount of funding for local programs that was gained through the Brevard
County delegation.
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
ire Page 7 of 9
Mr. Treverton spoke on fireworks and stated that the Council desired to see the State
legislature enact fireworks legislation. Mayor Randels related that in Cape Canaveral
fireworks sales have been zoned to City's Industrial area and that sales facilities could not
be established within 1,000 feet of each other. He also related that illegal discharge incurs
a civil citation of $200. Mr. Leo Nicholas inquired about the Chuck E. Cheese exemption in
State law that has expanded to permit adult arcades games. Representative Allen replied
that overall the State is strong against gambling; however, the debate continues in its favor
in some areas of the State. Mayor Randels informed that the City adopted an ordinance
establishing adult arcades as games of chance, not skill, and therefore illegal in the City.
Mayor Pro Tem Hoog asked if the tax relief through an additional homestead exemption
would be included in the sales tax. Representative Allen replied that this tax amendment
would create an additional property tax exemption for a total of $50,000. He explained that
historically tax breaks have provided additional economic revenue. The Legislature would
need to present a bill to shift to the shared Sales Tax revenue to ensure that this
anticipated $2 billion in revenue provides sufficient funds for the municipalities without
burdening the property owner. He emphasized the need to shift tax burdens in order not to
increase the millage rate. He replied to Mayor Randels that a 5-year budget planning cycle
is forthcoming as well as a strategy to identify recurring revenue streams. Representative
Allen thanked the Council for their time.
' coi City Manager
• Mr. Boucher reported that he received one proposal in reply to the thirteen Notices of
Intent to Sell that were mailed for $2.5 million for a 47,000 square foot building at the
comer of SR A1A and Center Street He stated that the Clerk's office would schedule a
Workshop meeting for a site visit
• Mr. Boucher announced that the Goals Status report is available. The City Clerk will
schedule a Goals and Objectives Meeting for Council and staff to discuss the 2004/2005
and five —year priorities.
• Mr. Boucher reported that he attended a meeting at the Port and the State of Florida
contracted with a consultant to evaluate developing a six -lane highway from 528 to the
Port overpass. Analysis projected usage at 90,000 cars per day by 2030.
• Mr. Boucher reported that the City newsletter was distributed and it included a feature
article on the new fireworks civil citation program.
• Mr. Boucher requested to speak at the upcoming Brevard County Charter Review
meeting. Council concurred that the City Manager should participate.
• Mr. Boucher announced that he would be away from City Hall until Thursday, May 27
and Ms. Stills would serve as Acting City Manager.
• Mr. Boucher reported that a 150 -room Residence Inns and Suites was forthcoming and a
site plan for a 154- room Country Inns and Suites was also approved.
2. Staff
Building Official
Col • Mr. Morley reported that Amoco site plan would come before the Planning and Zoning
Board.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
Page 8 of 9
• Mr. Morley informed of several training opportunities that took place in the Building
Department.
City Treasurer
• No report.
Recreation Director
• Ms. Hanson reported that unless vetoed by the State a $150,000 Florida Recreation
Development Assistant Program Grant is available for the Banana River Park.
• Ms. Hanson encouraged the Council to visit the Manatee Sanctuary Park pavilion site.
City Clerk
• Mrs. Stills announced a Sunshine Law Workshop with the City Attorney on
Wednesday, June 16 at 5:00 P.M.
City Attorney
• Attorney Garganese advised the Council to contact him with any questions regarding the
scheduled Vested Rights Hearing on Tuesday, June 1' at 5:00 P.M.
3. City Council
Mr. Miller
• No report.
Mr. Morgan
• Mr. Morgan reported his absence from the next Council meeting.
Mr. Treverton
• No report.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog stated that he planned to aftend the Brevard County
Charter Review Committee meeting due to its importance to Municipal Home
Rule.
Mayor Randels
• Mayor Randels reported that Cape View Elementary successfully held their final
Awards Ceremony on May 17 food sponsored by Canaveral Meats and
Deli.
• Mayor Randels announced that the Radisson Resort will hold the World Martial
Arts Hall of Fame Awards and Banquet Conference on May 21 and 22nd. He
will present a proclamation and Key to the City.
• Mayor Randels reported that the dedication of Johnson Controls would be held
on Wednesday, May 19"' at 11:00 A.M. The Beautification Board would present a
City key on behalf of their environmental enhancements.
• Mayor Randels reported that this month's Space Coast Living published an article
on Cherie Down Park as a nationally rated beach and among the State's best.
I
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
May 18, 2004
i tio , Page9of9
• Mayor Randels informed that he would participate in a commercial for the Space
Coast Area Transit system.
• Mayor Randels reported that Congress awarded the Army Corps of Engineers
$250,000 for the General Reevaluation Report to perform the Worm Rocks study. 1
$2 million is anticipated at the national from Congress to renourish the beach and
relocate the worm rocks. E
• Mayor Randels informed that the Sheriffs Department would conduct the Adopt -A-
Cop Program at Cape View Elementary School. Children will meet with a
Community Policing Officer three days per week from 9 A.M. to 12 Noon during the
summer months.
• Mayor Randels referred to the Water Reclamation Packet regarding connections in i t
E that the reclaimed water could not be used for aesthetic purposes.
• Mayor Randels reported that the St. Johns River Water Management District I
has funding available in its 319 Program. Stormwater improvement projects are
recommended. Mayor Randels suggested the Canaveral river area as well as an
elevated boardwalk. Council members spoke in favor of pursuing the Grant.
• Mayor Randels noted that a resident has been working on a decibel noise i
ordinance with the County and he had information that could help the Building
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Official if changes were necessary in the City's ordinance.
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AUDIENCE TO BE HEARD:
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i v • Mr. Harold Fletcher, of Canaveral Sands condominiums, reported that the pool pumps and
pool heaters from the adjacent property emit high levels of noise. The City's existing noise
ordinance does not employ decibel levels to noise. Some members of Council agreed to
meet with Mr. Fletcher on this issue.
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• Mr. Nicholas inquired about the proposed Annexation of the Avon -by- the -Sea. He asked i
if the Council were ready to pursue the election process regarding a referendum. The City
Manager and staff are formulating a study on the subsequent cost of such annexation.
Council members expressed that no decisions could be made without specific findings. Mr.
Boucher replied that an annexation report is forthcoming from the City Planner. He
explained that State Statutes require that 70 percent of the property to be registered voters; f
otherwise written notification of the property is required for consent to annexation.
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ADJOURNMENT: ,
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Theire 6eitigklikrther business, the Chair adjourned the meeting at 10 :00 P.M.
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
OUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
T NAME —FIRST NAME— MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHO OR COMMITTEE
4 a 4� s4, s r c tpr ChiNfivE2.5 6 4 (I /11c< L
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
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CITY co NTY ❑COUNTY ❑OTHER LOCAL AGENCY
CAPE / i -' , FL l , )g o.p N E OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS
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WHO MUST FILE FORM 8B
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1 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,
1 commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
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1 conflict of interest under Section 112.3143, Florida Statutes.
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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.
1
INSTRUCTIONS FOR COMPLIANCE WITH S ECTION 112.3143, FLORIDA STATUTES
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erson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
res 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.
1 For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
1 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:
1 PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
1
are abstaining from voting; and
4
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min -
4 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, y ou 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
a you or at your direction.
•
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 BB - EFF. 1/2000 PAGE 1
1
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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 / ¢
I, ;iinF _ __ � a i /1) , hereby disclose that on �__ O — ___ —__—_ 20 G :
(a) A me re 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:
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Date Filed 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 P,
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
T NAM
/� / ✓"' —FIRST NA DLE NAME AME /� N , / ! C}O CO j� - ION, AUTHORITY, C� rEE ,u / /
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WHICH I SERVE IS A UNIT OF:
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DATE ON WHICH VOTE OCCURRED I/ / C �✓'�'t
MY POSITION IS:
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WHO MUST FILE FORM 8B
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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.
1
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143,
FLORIDA STATUTES
e rson holding elective or appointive county, municipal,.or other local public office MUST ABSTAIN from voting on a measure which
res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
, . . . , .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and 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
you or at your direction.
( 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
q
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
"?' 40 , hereby disclose that on_X9/ /6 - - - - -- 20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
___ inured to the special gain or loss of my business associate,
_ inured inured to the special gain or loss of my relative,
___ inured to the special gain or Toss 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 Signature
/ 17
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