HomeMy WebLinkAbout09-02-1997 Regular Meeting1
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CALL
PLED
ROIL.
0 ORDER
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 2,1997
7:00 P.M.
MINUTES
OF ALLEGIANCE:
ALL:
PRES ATIONS:
Council Members Present
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter
Mayor Pro Tem Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
Fire Chief, David Sargeant
Canaveral Precinct Commander, Major George McGee
City Meager, Bennett Boucher, and Mayor Porter commended Kim McIntire and Greg Mullins
as Specll a1 Employees of the Quarter.
CONS ERATIONS:
1. motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the August 15,
1997, Special City Council Meeting Minutes. The motion passed 5 -0, with voting as
llows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For, Mayor Porter, For; and Mayor
ro Tem Randels, For. (Tape 1, 156)
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2. motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Professional
lanning Services Agreement with Ivey, Harris & Walls, Inc. on an "as needed" basis. The
ourly rate is $55, plus reimbursable expenses. The motion passed 5 -0, with voting as follows:
. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem
dels, For. (Tape 1, 173)
3. motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Addendum to
he Sewage Franchise Agreement with the Canaveral Port Authority, accepting
aintenance and operations of the new Glen Cheek Drive sewage lines and lift station until
pril 22, 2000 when the existing agreement expires. The motion passed 5 -0, with voting as
llows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For, Mayor Porter, For, and Mayor
ro Tem Randels, For. (Tape 1, 331)
4. motion was made by Mr. Randels and seconded by Mayor Porter to approve the Interlocal
greement with the Canaveral Port Authority to construct a pedway on the east side of
R AMA. Following discussion, an amending motion was made by Mayor Porter and seconded
y Mr. Petsos to read, "The City agrees to pay the entire sum to the Port prior to the Port
ving notice to the contractor to proceed with the project." The amending motion passed
-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For, Mayor
orter, For, and Mayor Pro Tem Randels, For. The main motion passed 5 -0, with voting as
llows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For; and Mayor
ro Tem Randels, For. (Tape 1, 363)
5. motion was made by Mr. Randels and seconded by Mr. Petsos to approve the Auction of
urplus Items scheduled for late October. The motion passed 5 -0, with voting as follows: Mr.
runs, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem
dels, For. (Tape 1, 930)
6. motion was made by Mayor Porter and seconded by Mr. Hernandez to approve all phases
f the Residential Reclaimed Water Installation Policy as follows:
e City is responsible for contracting a certified plumber and for making arrangements and
ayment for the installation and testing of the backflow device. The City pays for all costs of
ation, including the backflow device for Residential Only.
. Bruns abstained from voting, declaring a potential conflict of interest because his residence
iS designated in the area planned for first phase installation, which could inure him private gain.
orm 8B Memorandum of Voting Conflict is attached and made part of the Minutes.
. Petsos, with Council concurrence, stated that the cost analysis/policy must reflect a cap for
costs the city will incur for installing reuse devices for each type of installation.
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City Coun01 Regular Meeting Agenda
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e motion passed 4-0, with voting as follows: Mr. Bruns, Abstained; Mr. Hernandez, For,
. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 973)
RESO TIONS:
7. ayor Porter read Resolution No. 97 -22 by title. (Tape 1, 1703)
RESOLUTION APPOINTING AS REPRESENTATIVE TO THE
REVARD WATER SUPPLY BOARD TO REPRESENT THE CITY COUNCIL OF THE
TTY OF CAPE CANAVERAL, FLORIDA DURING THE DEVELOPMENT OF A LONG
GE WATER SUPPLY PLAN FOR BREVARD COUNTY BY THE ST. JOHNS RIVER
ATER MANAGEMENT DISTRICT.
motion was made by Mr. Randels and seconded by Mr. Petsos to approve
Resolution No. 97 -22 inserting the name Burt Bruns. The motion passed 5 -0, with
oting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor
orter, For, and Mayor Pro Tem Randels, For.
8. ayor Porter read Resolution No. 97 -23 by title. (Tape 1, 1783)
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
POINTING ONE (1) REGULAR MEMBER AND ONE (1) FIRST ALTERNATE MEMBER TO
LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
CTTVE DATE.
motion was made by Mr. Randels and seconded by Mr. Bruns to approve Resolution No.
7 -23, inserting the names Rosann Gallagher as Regular Member and Leo Nicholas as First
ternate Member to the Library Board. The motion passed 5 -0, with voting as follows: Mr.
runs, For; Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem
dels, For.
9. [ ayor Porter read Resolution No. 97 -24 by title. (Tape 1, 1817)
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
POINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EF FECTIVE DATE.
motion was made by Mr. Petsos and seconded Mr. Hernandez to approve Resolution
o. 97 -24, inserting the name Richard Treverton as an Alternate Member to the Library
oard. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For,
. Petsos, For Mayor Porter, For, and Mayor Pro Tem Randels, For.
10. h ayor Porter read Resolution No. 97 -25 by title. (Tape 1, 1848)
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A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
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City Couli it Regular Meeting Agenda
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motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No.
7 -25, inserting the name Nancy "Kacee" Corbin as an Alternate Member to the
Beautification Board. The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr.
i$ernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
11. vlayor Porter read Resolution No. 97 -26 by title. (Tape 1, 1882)
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING REGULAR MEMBERS AND AN ALTERNATE MEMBER TO THE
ANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
OVIDING FOR AN EF'F'ECTIVE DATE.
I
motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution
o. 97 -26, inserting the names Beatrice McNeely, Donald Bergen and Joe Elliott as
egular Members and Leo Nicholas as First Alternate to the Planning and Zoning Board.
e motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr.
etsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For.
ORD CES:
PUI3LIc HEARING - SECOND READING
12.
yor Porter read Ordinance 08 -97 by title. (Tape 1, 2150)
E.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
STABLISHING CODE SECTION 110.482 ENTITLED "WIRELESS
LECOMMUNICATIONS TOWERS AND ANTENNAS "; PROVIDING DEFINITIONS;
ROVIDING FOR PERMITTED LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED USES,
CCESSORY USES, AND SPECIAL EXCEPTIONS; AND PROVIDING FOR PERMITS AND LEASE
GREEMENTS; AND AMENDING SECTION 110 -354, SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILTTY; PROVIDING FOR REPEAL
F PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
F'FECTI VE DATE.
motion was made by Mr. Randels and seconded by Mr. Petsos to adopt Ordinance 08-
97 upon second reading.
City Manager, Bennett Boucher, reiterated that the ordinance is needed to comply with
new FCC regulations to allow towers in the city. He explained that setback and separation
distances provide for limiting the number of towers without prohibiting them. The
maximum height limit is 230 feet.
. Hernandez referenced Ms. Jackie Coates' letter regarding abandoned towers. Mr.
Boucher stated that abandoned towers are defined and addressed in the ordinance.
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the ordinance was adopted 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For;
rir. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For.
13. yor Porter read Ordinance 09 -97 by title. (Tape 1, 2576)
ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
NDING CHAPTER 110, ZONING, BY AMENDING SECTION 110 -1, DEFINITIONS, AND
CTION 110 -478, EARTH STATION ANTENNAS; PROVIDING FOR SEVERABILITY;
OVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
OVIDING FOR AN EFFECTIVE VE DATE.
motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance
9 -97.
ity Manager, Bennett Boucher, explained that this ordinance also updates the City Code
b comply with FCC regulations.
he ordinance was adopted 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez,
or Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For.
PUBLI ' HEARING - FIRST READING
14. ayor Porter read Ordinance No. 11 -97 by title. (Tape 1, 2636)
ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND
ANDONING A PORTION OF THE PROPOSED RIGHT OF WAY EXTENSION OF PORT
OAD; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR
CONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
FFECTTVE DATE.
motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No.
11 -97 for second reading. The ordinance was approved for second reading 5 -0, with
oting as follows: Mr. Bruns, For, Mr. Hernandez,
DISC . SION:
15. Contract Extension for Garbage Collection and Recycling Services. (Tape 1, 2832)
city Manager, Bennett Boucher, related the allowances USA proposes if the contract is
extended:
0 Single - family and multi - family rates will be reduced by $1
Roll-off rates will revert to 1989 rates
All rates will be frozen until October 1999, thereafter; increases will be at the CPI rate
minus 15 percent.
council concurred that the level of service must be addressed clearly, including a
gonsistent schedule for garbage pick -up during holidays.
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. Tim Fadul, USA Waste representative, related that revenue should increase 30% -
b% Mr. Fadul expressed concern about dumpster enclosures. Mayor Porter suggested
Eat dumpster enclosures may need to be included in future City goals. Consensus was for
ayor Pro Tem Randels, City Manager Boucher and Mr. Fadul to meet prior to the next
meeting when the contract issue can be discussed further.
16. CVFD Contract for Fire and Emergency Medical Services. (Tape 1, 2832)
ity Manager Boucher and Fire Chief, David Sargeant explained that this was the final
ear of a multi -year contract and the essential elements of the new contract. The new
• ntract is a 10 -year agreement. Consensus was to place the contract on the next regular
enda.
17. 997/98 Law Enforcement Contract. (Tape 2, 793)
ity Manager, Bennett Boucher, explained that the Sheriffs contract is requested to revert
om an annual contract to four years, with an option for two additional years. He
ported that the costs for each year within the contract are subject to increase and will be
iscussed as customary during budget meetings. He related that there is a termination
lause and there is a provision for the recovery of investigative fees.
recinct Commander, George McGee, responded to questions regarding rank structure
nd operations. He also explained how seized items are allocated, depending on where the
ase is initiated and the other agencies involved or called in. He related that there will
lways be three officers on duty, plus the officer stationed at the Port, unless there is an
xtreme emergency.
here was extensive discussion regarding law enforcement vehicles and the rationale for
sing the Indianapolis Plan when virtually no officer lives within the City and the mileage
curred during the four -year projected life span of a car likely exceeds 75,000 miles.
(Council concurred that the Sheriffs Department be requested to reduce the $114,000
budgeted for indirect costs because of the direct benefits to the County by city - provided
vehicles.
Major McGee stated that this year's budget is sufficient for this year. However, calls have
one up and there has been no increase in staff. He opined that management staff is sorely
needed and the issue must be addressed.
Mayor Porter stated that the City must address the staffing issue by applying for grants
and community- policing programs must be instituted. Major McGee related that the
department welcomes comments regarding community concerns, but reject operational
interference.
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Leo Nicholas, resident, stated that Council should not be apologetic for setting policy on
how to police the City. He suggested that the contract outline the specific areas that are
allocated solely to the precinct. Mr. Nicholas stated that he understands the advantage of a
four -year contract to the Sheriffs Department, but does not recognize an advantage to the
City. He expressed concern as well that City of Cape Canaveral residents pay taxes
directly to the Sheriffs Department that should cover dispatch costs and vehicle
maintenance.
Michelle Lehr, resident, opined that costs for personal use of vehicles should be deducted
from Sheriffs Department employees' pay.
Consensus was to continue discussion regarding the Sheriffs contract on the next regular
agenda.
18. Reclaimed Water Service Agreement with the Canaveral Port Authority. (Tape 2,
2945 & 3)
City Manager, Bennett Boucher explained that the Port is now requesting 150,000 gallons
of reuse water allocation to expand usage to within the Port. Mr. Randels showed a map
depicting the interchange and proposed reuse lines. He reported that the Port expects to
pay for reuse water beyond the 100,000 gallons allocated for the interchange.
Mark Reining, Hartman & Associates were present on behalf of the Port. He related that
the agreement before Council is intended to start discussion. He related that changing
demands are due to the variable landscaping alternatives being presented to the Port.
General consensus was that 100,000 gallons shall be allocated at no charge to the Port as
previously agreed and allocations above that may be given at a charge, equal to the
amount Cocoa Beach is willing to relinquish. However, it was decided to continue the
discussion at the next Regular Council Meeting.
Council agreed to continue beyond 10:00 p.m. and deferred to items 21, 22 and 23.
19. SSA Fee Proposal for pavement Testing and Design of Commerce Street, in the amount of
$17,000 (Tape 3, 918)
City Engineer, John Pekar, reported that Commerce Street likely has no base and may
require rebuilding the entire system. He explained that corings need to be made which will
cost approximately $300, then the design can proceed and construction. He related that
approximately $3,000 can be saved by City workers contributing. He related that there are
numerous issues to be considered, such as drainage, catch basins, water lines, reuse lines,
sidewalks, curbs, traffic plan, Florida Department of Transportation issues, and land
owners.
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Council concurred that Stott ler, Starmer & Associates should perform the soil borings and
report back to Council with the results at the next Regular Council Meeting.
Timber Pedestrian Bridge
Mr. Pekar reported that the kick off meeting with the contractor on August 25, 1997 went
well. He also reported that that he met with Florida Department of Transportation
representatives and there were eight (8) minor comments that can be resolved within one
day. He stated that construction is projected to begin within two more weeks.
REPORTS:
20. City Manager - Bennett Boucher
No Report.
FINAL PLAT APPROVALS
21. Adams Townhomes Final Plat. (Tape 2, 3535)
A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Adams
Townhomes Final Plat. The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr.
Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For.
22. Cape Escape Final Plat. (Tape 3)
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Cape Escape Final
Plat. The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr.
Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For.
PERMIT EXTENSION REQUEST
23. Request for Extension - Demolition Permit #97- 00363, for 615 Washington Avenue (Tape 3,14)
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve a 30-day extension to
Demolition Permit #97- 00363. The motion passed 5 -0, with voting as follows: Mr. Bruns,
For; Mr. Hernandez, For; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels,
For.
AUDIENCE TO BE HEARD:
Ms. Mlchelle Lehr, 210 Long Point Road, appeared before Council querying about the anticipated
action since the Board of Adjustment approved the construction stay. City Attorney, Kohn Bennett,
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explained that City representatives are disallowed from discussing the Long Point Road Park issue,
which is in litigation. (Tape 3, 1836)
REPORTS CONTINUED:
Mayor Pro Tem - Rocky Randels
• Mr. Randels reminded Council of the City Manager's Performance Evaluation that is due
September 19, 1997 and requested that the City Manager distribute the required forms.
Council Member - Buzz Petsos
• Mr. Petsos expressed concern with the City requirement to appoint Council Members when a
member is required to "Resign to Run." City Attorney, Kohn Bennett, explained that it is a Charter
requirement requiring a referendum to change.
Council Member - Tony Hernandez
• No Report
Council Member - Burt Bruns
• No Report
Mayor - John Porter
• No Report
ADJOURNMENT:
There being no further business, the meeting adjourned at 10:40 p.m.
Sandra Rozar Suns, CITY CLERK
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME -- MIDDLE NAME Li R
MAILING ADDRESS
J 'V Sb`"lOoVC- Ae )'vii C gr, ?L VAR-if)
CITY COUNTY
DATE ON WHICH VOTE OCCURRED
v
NAME OF BOARD, COUNCIL., COMMISSION, AUTHORITY, OR COMMITTEE
C-916. c/ /mv6 L -'TV Celt Vc_ �.
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMTITEE ON
WHICH I SERVE IS A UNIT OF:
' CITY 0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
AI ELECTIVE 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.
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 COMPUANCE 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 Ms or her special private gain. Each elected or appointed local, officer also is prohibited from knowingly voting on a
measure which inures to the special gain 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 of a relative;
or to the special private gain 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, 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 corpo-
ration 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 minutes 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.
• 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.
I,c-
B (a Ic Al 13 a/ S
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on ' P /
,19� % :
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain;
inured to the special gain of my business associate,
inured to the special gain of my relative,
inured to the special gain of , by
whom I am retained; or
inured to the special gain 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:
ti �`' 9 € C �' F C, 0A) Pl% ,c, j s Fib 5 Fe,' vz.
,L: J)7
sr
LaiLre
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Date Filed
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Signature
•
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTIT `T�ESOR SUS ENSIONA FROM OFFICES OREMPLOYMENT, DEMOTION, REDUCTION IN
IMPEACHMENT, REMO
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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