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HomeMy WebLinkAboutMinutes 04-02-2002 Regular 1 i 1 CITY COUNCIL REGULAR MEETING ! C CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY 1 April 2, 2002 7:00 PM MINUTES CALL TO ORDER: 1 PLEDGE OF ALLEGIANCE: 1 ROLL CALL: i Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager I mil' Mark McQuagge, City Attorney Susan Stills, City Clerk I Chief Dave Sargeant, CCVFD PRESENTATION: Spring Residential Beautification Award - Bob & Peggy Johnson 1 Mr. Leo Nicholas, Beautification Board Chairperson, presented the Spring Residential Beautification Award plaque and a gift certificate to Mr. Bob Johnson. Mr. Nicholas expressed that their home is an inspiration to others in the community. Mr. Nicholas related the Board's appreciation and encouraged Mr. Johnson to continue the good work. Mayor Randels commented that the Johnson's were recognized on the City's weekly calendar in the Space Coast Press Tribune. CONSENT AGENDA: Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. 1. City Council Regular Meeting Minutes of March 19, 2002. 2. Proclamation for Hurricane Awareness Month. City of Cape Canaveral, Florida City Council Regular Meeting April 2, 2002 Page 2 A motion was made by Mayor Pro Tem Petsos and seconded Mr. Weber to approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. ORDINANCES: First Public Hearing: 3. Motion to Adopt: Ordinance No. 07 -2002; Amending Code Section 2 -234, Payment of Impact Fees, for second reading. 4 Mayor Randels read Ordinance No. 07 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION; 2 -234 PAYMENT OF IMPACT FEES BY AMENDING THE TIME REQUIREMENTS RELATED TO PAYMENT FROM, AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT TO BEFORE THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 1 A motion was made by Mr. Morgan and seconded by Mr. Weber to adopt Ordinance No. 07 -2002 for second reading. Mayor Pro Tem Petsos referred to the second sentence in 1 , c section one. Attorney McQuagge reviewed the sentence in question and recommended to delete the second sentence in its entirety. Mayor Randels clarified that the desire of the Council is to delete the second sentence of Section One, Section 2 -234, Paragraph (b) that read, "No building-permit certificate of occupancy shall be issued for any structure subject to the impact fees imposed by this division, unless and until all applicable impact fees have been received for such structure." Mayor Randels questioned if a Certificate of Occupancy (CO) could be issued on one building before the other two are completed. Attorney McQuagge related that Mr. Reid had previously stated that the address is the validation for issuing the CO. Mayor Randels then asked if every apartment building or condominium unit had its own address. Attorney McQuagge replied that these would be sub - addresses to the main street address. Chief Sargeant responded to Mayor Randels that the Flores uses sub - addresses. Mr. Weber inquired about the cost of the CO in relationship to the cost of the entire project. Mayor Pro Tem Petsos replied that the cost is paid on the portion on which the CO is being issued. Mr. Nicholas advised toward clear language and not leave the Building Official subject to any argument by a developer. Mayor Randels read the intended language. Mr. Nicholas asked if the language is "at the time of or "prior to" the issuance of a CO. Council agreed by a majority that "at the time of' is the desired language. An amendment to the main motion was made by Mr. Weber and seconded by Mr. Treverton, to delete Section 2, 2 -234, Paragraph (b), "No building- permit certificate of occupancy shall be issued for any structure subject to the impact fees imposed by this division, unless and until all applicable impact fees have been received for such structure." I 4 1 City of Cape Canaveral, Florida City Council Regular Meeting April 2, 2002 I Page 3 i C The vote on the motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For Chief Sargeant inquired about the terms of payment to acquire a CO. Attorney McQuagge replied that the ordinance does not specify. Mayor Randels read from 1 previous year's minutes that provided background on the history of impact fee payments and he related that the County does receive impact fees computed prior to the issuance of a CO for construction pursuant to a building permit. Mr. Treverton suggested that the I language, "all impact fees shall be paid with certified funds." Attorney McQuagge replied that the City could request the type of payment, but he was unable to answer at this time He would provide a definitive answer at the next scheduled Council meeting. i 1 The vote on the main motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor i Pro Tem Petsos, For, Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For I 5 4. Motion to Adopt Ordinance No 08 -2002; Amending Code Section 78 -122, Payment of Sewer Impact Fees, for second reading. Mayor Randels read Ordinance No 08 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, j AMENDING CODE SECTION; 78 -122 PAYMENT OF SEWER RATE ASSESSMENT BY i C AMENDING THE TIME REQUIREMENT FOR PAYMENT OF THE SEWER ASSESSMENT FROM PRIOR TO THE ISSUANCE OF THE SEWER PERMIT TO PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDNG FOR AN EFFECTIVE DATE. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to adopt Ordinance No 08 -2002 at first reading. Mr. Randels referred to language in the second I sentence that seemed unclear and which read, "Except as provided in Section 78 -34, a building permit certificate of occupancy shall not be issued unless a sewer permit has been first obtained. He reasoned that a person could not acquire a sewer permit until impact fees are paid. Mr. Boucher replied that there is an actual sewer permit and impact fees are paid when a Certificate of Occupancy (CO) is issued. A sewer permit is needed to attach to the sewer main. Mr. Boucher stated that the sewer permit is a $25.00 tap fee. Mayor Pro Tem Petsos inquired about the language in that "prior to" is used in the ordinance title and body and he suggested a change to "at the time of issuance of a CO as in the previous ordinance. Mayor Randels clarified that "at the time of' is the intended language before the words "the issuance of the certificate of occupancy." An amendment to the main motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to change the first line of the indented paragraph in Section 78-122 to read, "The assessments as set forth in this division shall be payable at the time of issuance of a certificate of occupancy, except as provided in Sections 78 -123. The vote on the main 1 Mir 1 i 3 i 1 City of Cape Canaveral, Florida City Council Regular Meeting April 2, 2002 i Page 4 , C motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For Mr. Weber asked if the sewer main needed to be connected to the applicant's property. Mr. Morgan replied that if the sewer main lies further than 150 feet the City would allow for an emergency septic tank until a closer main is established due to the cost factor. Mayor Randels said that Purcell's Carpeting and Long Point Road are examples. Mr. Morgan related that the City placed a line in the Long Point Road area once the saturation point was met. Mr. Weber inquired about the subsequent language in that a CO is not issued until the fee is paid therefore verbiage assessing a late fee is not required. Mayor Randels I replied that this language addresses those using septic tanks that are not new construction such as on Oak Lane. Mr. Boucher recommended the language "for such new 1 construction" after certificate of occupancy in the first line of the indented section under, Section 1, Section 78 -122. Mayor Randels stated that this additional change would clarify the main motion to read, "The assessments as set forth in this division shall be payable at the time of issuance of a certificate of occupancy for such new construction, except as provided in sections 78 -123." Mr. Nicholas asked at what point in time does the builder obtain a reserve on sewer capacity. Mr. Morgan replied that capacity is committed at the issuance of the building 1 c permit. Mr. Nicholas questioned what happens if a permit is issued and construction is not completed. Mr. Morgan replied that once the building permit is issued then that capacity is committed, however when the building permit is taken away then the capacity is returned 4 to the system. Mr. Boucher explained that concurrency is determined prior to issuing a building permit. Mr. Boucher stated that there are deadlines in the concurrency chapter if action is not taken on a permit. Mayor Randels restated the previous discussion for the City Attorney who had left the dais. Mr. Treverton stated that capacity is a tangible element ' that the developer receives and with a change to the ordinance they are allowed to reserve capacity at the cost of a building permit. Mr. Morgan replied that as the City reaches capacity, the ordinance might need amending. Mayor Randels related that 75 percent of capacity is the allowable amount. Mr. Boucher explained that the City would need to show the Department of Environmental Protection its land use and build out with a comparison of build out versus sewer plant capacity. Mr. Morgan questioned a potential conflict of interest in that he might have a benefit from this ordinance and he requested to abstain from voting. Attorney McQuagge responded that the question is if a benefit would occur for Mr. Morgan in the reservation of capacity and does it convey into a financial benefit. Mr. Morgan stated that it would if the City were closer to capacity. Attorney McQuagge then replied that if that were the case then the potential for a financial gain to Mr. Morgan could place him in the situation of having a voting conflict. Attorney McQuagge informed that the City is far from capacity at this point however and that would not convey a financial benefit to Mr. Morgan or create a voting conflict situation. Mr. Morgan stated that if the City Attorney saw differently as the process , c evolves prior to the final reading that the City Attorney would make reply to his request. i 1 3 City of Cape Canaveral, Florida City Council Regular Meeting 9 9 April 2, 2002 Page 5 1 1 Mayor Randels asked the City Attorney if the language "for such new construction" could be added as a friendly amendment to the motion. The vote on the motion with the friendly amendment carried 5 -0 with voting as follows: Mr. Morgan, Abstain; Mayor Pro Tem i Petsos, For, Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For DISCUSSION: i 1 5. Brevard County Landscaping and Land Clearing Codes, Non - Native 1 Noxious Invasive Plants. 1 Mr. Boucher related the County's request for the Council to review the proposed 1 ordinance on Landscaping and Land Clearing Codes for Non - Native Noxious Invasive Plants. Mr. Morgan asked if private property is included in this ordinance. Mr. Boucher replied that the ordinance applies to new construction only Mayor Pro Tem Petsos suggested that the County consider incorporating the City's plant list. Mr. Boucher read subparagraph (X) from the County's ordinance that outlined the removal process and designated locations. Mr. Morgan stated that any new homeowner might have a conflict with such trees growing on adjacent existing property. Mayor Randels related that he had promoted such an ordinance from Longboat Key in the year 2000. He stated that to i C eradicate the existing invasive plants is the next step in the process. Mayor Randels concluded that the Council's desire is for the City Manager to relate to the County its support of the ordinance and for the County to also consider the City's plant list. 6. Brevard Branch Bust Projects, Sponsored by Project Impact. Mayor Randels related that this is an effort to educate the public on preparing their :, property for the upcoming hurricane season. Mr. Boucher reported that this is Project 1 Impact's first countywide effort and it includes corporate sponsor participation in a hurricane awareness program for homeowners and business people to remove potentially hazardous debris. He said that information would be made available for local j residents through various promotional media. Mayor Pro Tem Petsos inquired about staffs involvement in the copy and distribution process. Mr. Boucher said that information would be made available at the Library, Recreation Center and City Hall and that no mass mailing is required. Council agreed by majority to support the information distribution effort. Mr. Morgan stated that the major danger is trees with heavier limbs, not the palm trees. Mr. Treverton suggested that the Part-Time Code Enforcement Officer make notes on what trees need attention. Mr. Weber commented on trimming the trees in the Xeriscape Park. Staff will work toward a community project along with i the Beautification Board and Keep Brevard Beautiful. i 1 i , C0 i 1 1 1 I 1 1 City of Cape Canaveral, Florida City Council Regular Meeting April 2, 2002 I C Page 6 REPORTS: 1. City Manager • Mr. Boucher reported that the new Fire truck would be on display at the Space Coast League of Cities dinner on Monday, April 8"'. 1 • Mr. Boucher related Chief Sergeant's request for the Council to review an I agreement. Chief Sargeant explained this is the Emergency Management 1 Services agreement to reimburse the CCVFD for response calls however the check was made payable to the City and not the Fire Department. Chief Sargeant explained further that when the check is made payable to CCVFD then a percentage is given to the Port and the City. He stated that to make changes to the 4 executed document would not be expeditious. A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels for an add -on l item of an agreement between Brevard County and the City of Cape Canaveral. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve the , agreement of February 26, 2002. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For Mr. Treverton, For; and Mr. Weber, For • Mr. Boucher announced that the plaque for George Firkins' Manatee Boardwalk dedication is ready. The Recreation Board recommends a date in late May around 6 I P.M. and the Firkins family will be notified. • Mr. Boucher announced that Mr. Bennix' dedication plaque is also ready. The Beautification Board will set a time frame for the ceremony. Mr. Nicholas related that the Board was awaiting a pedestal. Mr. Boucher informed that a temporary pedestal could be I installed for the ceremony. Mayor Randels and Mayor Pro Tem Petsos stated that they i would prefer to wait until the permanent structure is ready. 1 • Mr. Boucher informed that he sent Council Members a PowerPoint presentation to review prior to the visioning meeting. Staff, support members, the City Engineer and the City Planner will attend. He asked Council to review the five -year plan from the City's Budget to familiarize themselves with prior capitol improvements. 2. Staff i City Attorney • Mayor Pro Tem Petsos inquired about Fairvilla's item on the Beautification Board agenda for beautification and sidewalks. He asked if this would interpret anything prior to their special request or variance. Attomey McQuagge stated that what is proposed is an amendment to the previous settlement agreement. He stated further that what is proposed in conjunction with the Department of Transportation, Beautification project on SR A1A is a $25,000 cost contribution by Fairvilla for landscaping along A1A which would include a sign that meets the City's sign code requirements but is different '', t from the terms of the settlement agreement. Mayor Pro Tem Petsos expressed concem i i 1 City of Cape Canaveral, Florida City Council Regular Meeting April 2, 2002 Page 7 I with Beautification being approached prior to the Council and if that would construe that the Council is entertaining a change to the terms of the agreement. Attomey McQuagge related to Mr. Beals that there is no intention of amending the settlement agreement prior to meeting with the Council and Attorney McQuagge would relate this information preceding discussion. Mr. Beals indicated one condition in the settlement agreement is an additional condition that would require no additional modification if he were to implement it. Mayor Pro Tem Petsos expressed concem with the possibility of the Board agreeing and the Council disagreeing and if litigation would follow. Attomey McQuagge said that he would consult with Brad Bettin regarding the agreement. Council agreed by 1 a majority to retain the terms of the existing agreement. Mr. Nicholas questioned about the Keep Florida Beautiful signs. Mayor Pro Tem Petsos replied that those signs were s , not included in the agreement. City Clerk • Mrs. Stills announced that the Annual Board Appreciation Dinner is May 18 6 P.M. at the Radisson. • Mrs. Stills reported on two interested Board applicants and pending interviews. 1 • Mrs. Stills reported that School Crossing Guard, Kenneth Peterson was injured j when a dog leashed near the owner's boat jumped at him knocking him backwards. Mr. Peterson is convalescing and the dog owner is under investigation with Brevard County 1 Animal Control. • Mrs. Stills announced that the Supplement 9 to the City Code Books have arrived and ; C are inclusive up to the Building Amendment ordinance. • Mayor Pro Tem Petsos asked that the Clerk's Office forward a City Board application to Mr. Steve Roney. i 4 AUDIENCE TO BE HEARD: No comments from the audience. 1 3. City Council 1 1 Mr. Morgan • No report. 1 Mr. Weber 1 • Mr. Weber announced the Annual Trash Bash on April 20 with sites at the Cape Canaveral Library, Leo Nicholas site Captain and Cherie Down Park, Martha Carroll Site Captain • Mr. Weber requested an Update to the Accomplishments Boards. 1 • Mr. Weber referred to the telephone recycling effort and the need for promotion. Discussion followed on how to ensure that the Cape View School receives credit for the books left at the Cape Canaveral Library dumpster. Mr. Boucher suggested a sign on the ,, marquee announcing to drop the books off at the school. 1 ; C { l 1 i 1 a City of Cape Canaveral, Florida City Council Regular Meeting April 2, 2002 c o ., Page 8 i i Mr. Treverton • Mr. Treverton inquired about Virginia Haas' attendance at the IIMC Annual Conference in Texas. Mrs. Stills stated Ms. Haas would not attend the Annual Conference in Texas however she is scheduled to attend the IIMC Municipal Clerks' Institute in the fall and that l she would continue to budget for professional development training for Ms. Haas in the coming year Mr. Treverton referred to investment information in the League of Cities i Datagram. He inquired about investing in a bond fund and asked if Council and staff could address this inquiry. Mayor Randels stated that the City excluded that fund when adopting the amended investment policy. Mayor Pro Tem Petsos requested that this be placed under Discussion on the next Council agenda. • Mr. Treverton announced that he accepted an Adjunct Professor position to teach math to the Brevard County Sheriff's Department. • Mr. Treverton reported on another stopped Trolley in front of the Azteca II restaurant. Mr. Treverton asked if the City could contact the trolley management in order to protect i those disembarking. • Mr. Treverton referred to Community Appearance Board Minutes regarding discussion of chain link fences. k Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about recouping sales tax for construction jobs. Mr. Boucher related that the Finance Department was tasked with researching this at the last staff meetings. • Mayor Pro Tem Petsos expressed appreciation for the daily command staff reports and I expressed concem with many reported break -ins and asked if these are being addressed. Mr. Boucher informed that the suspect might be in custody. Mr. Morgan inquired a break -in in the 300 block of Lincoln Avenue. Mr. Treverton replied with results § from the latest report. Mr. Morgan stated that unlocked doors are a potential hazard. Mr. Boucher replied that Community Policing Information is in order. I • Mayor Pro Tem Petsos reported on people sleeping under the crossovers. Mr. Boucher I will address this issue during staff meeting. j • Mayor Pro Tem Petsos disseminated information on an $80,000 private donation for a dog park in the Vero Beach area. Mr. Morgan commented on the fishermen on the beach that leave bait that attracts sharks into the beach area 1 i Mayor Randels • Mayor Randels announced that the Cocoa Beach Rotary Club has relocated to Cape Canaveral. The group met at the Moon Hut Restaurant. • Mayor Randels announced that the Brevard Zoo held its groundbreaking on the African animal exhibit. • Mayor Randels reported on the success of the Hurricane Conference held at the Radisson. Mayor Randels reported that the Space Coast Press Tribune, Editor, Susan Smiley I would like to hold the Editor's Day Out at the Manatee Sanctuary Park possibly at the grand opening. • Mayor Randels reported that he traveled to Tallahassee for Library Days requesting State aid to Public libraries. The result was $6 million in State aid to local libraries with no C e 1 r City of Cape Canaveral, Florida City Council Regular Meeting April 2, 2002 Page 9 Toss in library personnel. Mayor Pro Tem Petsos recommended contacting Katherine Swinesberg to address the screen maintenance issue. • Mayor Randels announced that Charlie Pihdziak took first place in math for the County at Melbourne Catholic. • Mayor Randels reported that the Clean Fuel Advisory Board published its 2002 Fueling Report and noted that the City's electric vehicle was included. • Mayor Randels asked if there were any interest in sponsoring a race- car driver for the Children's Home Society. Mayor Pro Tem Petsos suggested an individual donation. • Mayor Randels announced the Space Coast League of Cities dinner next Monday night, April 8 at 6 P.M. • Mayor Randels distributed a Coast Guard Boating Safety Booklet. • Mayor Randels reported on the trend of decreased attendance at the Cape View Elementary School from 483 students in the year 2000 to 436 students this year. Mayor Randels informed that the demographic has changed due to condominium development and the lost of median income families. Mr. Morgan noted that the City's Comprehensive Plan calls for affordable housing. • Mayor Randels announced that Florida Power and Light has given the Florida Urban Forestry Council $30,000 for posters. Mayor Randels pointed out that the City's manner of trimming sable palms is incorrect. ADJOURNMENT: tro There being no further business a motion was made by Mr. Weber and seconded by Mr. Treverton to adjourn ttje.,q eeting at 9:25 P.M. Motion carried unanimously. Qt;ANgy`c� Y ..: q Rocky Randels, M AYOR of P i; e A ' ,0 w �.... 7 a Stills, CITY f EB j 4 l 5F f ■ i y�y 4 j JR _ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Morgan, James City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 413 Lincoln Ave WHICHISERVEISAUNITOF: pI {CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY Canaveral Brevar NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS April, 2, 2002 x3 ELECTIVE ❑ 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. 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 Toss 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 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) - 4 - • . 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: 1 • You must disclose orally the nature of your conflict in the measure before participating. 1 • 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 1 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. t J DISCLOSURE OF LOCAL OFFICER'S INTEREST i s ( I, James Morgan , hereby disclose that on Apr i 1 7 , 200_7 . a 3 (a) A measure came or will come before my agency which (check one) 1 X.XX 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 1 whom I am retained; or 1 I _____ inured to the special gain or loss of , which 1 3 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: Possible conflicting interest on impact and sewer fees. Re: Not collecting in advance. 1 i 1 1 C-- 4 '- o � - .3. ' . -->") 70 ¢ 1 Date Filed ignature 1 1 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. 1 s ' CE FORM 8B - EFF. 1/2000 PAGE 2 . I 3 i