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Home My WebLink About05-24-2006 Regular Meeting• PLANNING & ZONING BOARD MEETING MINUTES MAY 24, 2006 A Regular Meeting of the Planning & Zoning Board was held on May 24, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Anthony Garganese, City Attorney. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Chairperson Vice Chairperson 1st Alternate Susan Chapman Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem NEW BUSINESS: 1. Approval of Meeting Minutes: May 10, 2006. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of May 10, 2006. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Final Replat of Beroia Palms Townhomes - Replat of Lot 7, Block 70, Avon by the Sea Subdivision - (223 & 225 Lincoln Avenue) - Ron Wallen, Applicant. John Johanson declared a conflict of interest. Todd Peetz, City Planner, gave an overview of the Final Replat and verified all requirements were met. He verified that the lots were conforming townhouse lots in the R -2 zoning district. Discussion was held regarding: minimum lot widths, setbacks, easements, firewalls, stormwater, and building color. Ron Wallen, Applicant, advised that the project was 98% completed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the Final Replat of Beroja Palms Townhomes. Vote on the motion carried unanimously. OPEN DISCUSSION Lamar Russell advised that he was not at the last meeting and asked for clarification of the proposed changes to the hotel /motel code. Anthony Garganese, City Attorney, explained the changes and read Section 110 -122. Discussion followed regarding the Certificate of Occupancy that was issued to the Residence Inn. Lamar Russell explained the intent of the code section. He used the example that if a hotel had 300 units, the initial certificate of occupancy would need to be issued for a minimum of 150 units. Planning & Zoning Bon Meeting Minutes May 24, 2006 Page 2 There being no further business, the meeting was adjourned at 8:00 p.m. Susan L. Chapman, Secretary '-‘15ea McNeely, Chairper I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS -FAST ST NAME - MIDDLE NAME � �.�,�� TE ?ifr' -eonCJ MAILING ADDRESS 3/> 4.0,4p,3 Poe CITY COUNTY e 60? „Aoba ( l� re ✓H' c DATE ON H V /OTE OCCURRED NAME OF BOARD, COMM, , COM ON, AUTHORITY, OR COMMTTEE P drh ZE) ;01 j &cps TI-E BOARD, co> Ica.. LION. AUTHrIRTIY OR COMMITTEE ON WHICH I SERVE I SAUNITOF: 1!(GnY D COUNTY O OTHER LOCAL AGENCY NAME OF POLMCALSUDDMSION: MY POSMON t3 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other larval level of government on an appointed or elected board, council, commission, authority, or committee. It applies wally 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 dose 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 pubes office MUST ABSTAIN from voting on a measure which tures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- gre which inures to the special gain or loss of a prindpai (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 toss 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 c:apacty. For purposes of this taw, 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- haw. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer, downer 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 descrlbed 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 Barn with the person responsible for recording the min- utes of the meeting, who shook# 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 derision, whether orally or in writing and whether made by you or at your direction. `c YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: 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.112000 PAGE 1 • • IAPPOINTED 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 fith it within 15 days after the vote occurs with the person responses for recording the minutes of the meeting, who must mate 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 flied. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1911. A- - /FPtvs.,A •r:. a", , hereby disclose that on .20 I, 6 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; A �! k inured to the special gain or loss of my business r° associate, - i "c' u' ~' ), '.‘ _ inured to the special gain or loss of my relative, inured to the speed 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 hi the measure Is as follows: evr1 1F+>51"e$s S-Fems` Reeowl ems+de, 4.j,•-. 9C9 e s � � ��_� /d . :.er c40.1 .P.0-.*e: 4.r a potr er,r 0 et, d'.terere.Ai p to. ec•i- %06 Date Filed Ave. (A) e ot.)- 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 BB — EFF. 1/2000 PAGE 2 • 1 FORM 8B MEMORANDUM OF VOTING CONFLICT. FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS -MAST ST NAME — MIDDLE NAME IA IR to C'164- 40-1- ® kn A_9 9071. MAILING ADDRESS to tG) al, 043" 1 v CRY Cot" F" Cci,"02FO epoy COUNTY .3)A eUd NAME OF ROAM comm. COMMISSION, AUTHORITY, OR =MIME Pi e't 4 7€7,0-c-1.9 R® ci THE IMAM COUNCIL, COMMON, AUTHORITY OR COMMITTEE ON WHIZ ISERVE IS A UNIT OF: *tar QCOUNTY OOTHER LOCAL AGENCY DATE ON H7 TE OCCURRED NAME OF IOUTICALSUSOIVIStON MY POSmON tS 0 ELECTIVE XAPPOINTIVE WHO MUST FILE FORM 88 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. t 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 fin. 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 lures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- re which Inures to the sped gain or lass 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 retakhed); to the special private gain or loss of a relative: or to the special private gain or toss 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 taw, a °relative° includes only the offer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother -in -Law, son -in -law, and daughter-in-law. A `business ante° 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 tiling this form with the person response for recording the min- utes of the meeting, who should incorporate the form in the minutes. s w • ♦ : t t r t : w APPOINTED OFFICERS: Although you must abstain from voting in the situatknns described above, you otherwise may palpate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the declslon, whether oraffy or in writing and whether made by 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 AKEN: • 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 an other side) CE FORM BB ' EFF. 112000 PAGE 1 • • IAPPOINTED OFFICERS (continued) • A copy of the form must be provided ,mmed to the other members of the agency. • The form must be read publicly at the next meeting after the form is mod. 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 fle it within 15 days after the vote occurs wlth 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 farm is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,, ILA- ✓ D1/t 4 ,sc" - , hereby disclose that on JAI (a) A measure came or win come before my agency which (check one) inured to my special private gain or kiss; ill inured to the special gain or loss of my business associate, %'L 4" 79 ca.a inured to the special gain or loss of my relative, inured to the special gain or kiss of , by whom t am retained; or inured to the special gain or foss 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: 0env 1-1-Q F' v a I g e p L + /''1�, -)a eI (� re!' G4' t,ia t iA. +1A; s r act 440,, 474 Date Filed 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