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HomeMy WebLinkAboutMinutes Council 022003CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 20, 2003 The February 20, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. The pledge of allegiance was led by Eagle Scout Dan Pardue with Boy Scout Troop 712, who were present at the meeting ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. PRESENTATIONS: Mike Pardue, Scoutmaster of Troop 712, presented to the City Council a trophy awarded to the troop at a Camporee in Boca Raton, described recent activities, and invited the Council to attend any of their meetings. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported she had been honored by her appointment to be a legislative liaison to Senator Jeff Atwater from District 25. Councilmember Delgado reported she had attended the annual season kickoff for the Palm Beach Gardens Youth Athletic Girls Baseball Team on February 8 and recognized Tory Buckley for his inspiring comments at that event. Councilmember Delgado reported she had attended the annual Gift of Life Foundation dinner, an organization which creates awareness regarding organ donors, along with Carl Domino and elected officials from other municipalities. Councilmember Delgado reported she had attended the groundbreaking for Old Palm. Councilmember Delgado had been elected as a full board member of Treasure Coast regional planning council. Councilmember Delgado reported she had sold her house and purchased another in the same day, and now lived east of Military Trail. Vice Mayor Sabatello reported recent water problems were now under control. The Vice Mayor recognized staff and the City Forester, Mark Hendrickson, for their great work on PGA Boulevard. Councilmember Russo reported he was working on the world class Honda Classic, and requested help with will call locations where people could pick up tickets. Councilmember Russo reported former Mayor Martino had lost a son and requested that the City could do anything they could for that family. Mayor Jablin reported Michael Martino, Jr. had been 38 years old and expressed condolences. Mayor Jablin announced the viewing and funeral times and locations. Mayor Jablin reported Jim Panoch, a valued member of the Education Advisory Board, had passed away following a sudden heart attack, and expressed condolences to his family. CITY MANAGER REPORT: City Manager Ferns reported that residents of Square Lake had requested that their southernmost ingress /egress onto Military Trail be closed and that the northernmost ingress /egress be changed to egress only. Mr. Ferris reported that the County commission CITY OF PALM BEACH GARDENS REGULAR MELTING, 2/20/03 2 would hear this request on February 25, and county staff was recommending denial, and a traffic study was requested. Growth Management Director Charles Wu reported he had attended the MPO meeting and that DOT wanted to keep the bridge construction dates as April 2004 to April 2006, but MPO would ask them to delay six months. Mayor Jablin stated he would be happy to sign a letter expressing the City Council's support for the MPO proposal. COMMENTS FROM THE PUBLIC: Iris Lambert, 396 Lighthouse Drive, asked the amount of the proposed stormwater assessment on this year's tax bills, which Mayor Jablin indicated was $10 million. Mayor Jablin explained that the property owners city -wide would be assessed for the restoration of all the canals; those who would benefit from the restoration would be assessed for ongoing maintenance. The city -wide assessment was being proposed at no more than $15 per unit per year. Ms. Lambert commented the residents would have no vote on this. Mayor Jablin described the process which would be followed in deciding this issue. Ms. Lambert questioned if this was in addition to the $21 million bond issue for recreation, to which Mayor Jablin responded the voters would decide that issue on March 11. Carol Estrada, 309 Riverside Drive, commented the wording "inter- city" had been used in the newspaper and by the Blue Ribbon Committee, and she had called officials in various municipalities in various parts of the country and concluded that the wording connoted a blighted area. Ms. Estrada requested that the original area of the City no longer be referred to with this wording. Mayor Jablin noted the Blue Ribbon Committee used the word "core" to describe the heart of the City, and care would be taken in future publications not to connote a blighted area. Mayor Jablin indicated to his knowledge that term had been used by a reporter, and asked Ms. Estrada to contact the newspapers not to use that term. Ms. Estrada requested permission to have neighborhood children distribute flyers regarding the upcoming public hearing on the stormwater drainage resolutions, and not to have signs which she placed in the right -of -way to educate the public on the upcoming public hearing taken down. Discussion ensued regarding how notice of the meeting would be made. Ms. Estrada was advised of the sign code requirements and that it was not illegal to distribute flyers. Ms. Estrada commented there was a lot of miscommunication regarding the boil water order and reported she had called the Recreation Departments to request the faucets be covered at the racket ball courts, and they still were not covered the next day and a lot of children were drinking the water. Ms. Estrada requested this be corrected in the event pipes were broken again. Karen Winters, 11391 Indian Shore Drive, North Palm Beach, expressed great distress with certain businesses creeping in to Palm Beach Gardens, such as La -Z -Boy on PGA Boulevard, and questioned the status of the Target store. Discussion ensued. Councilmember Russo indicated Mr. Catalfumo was prepared to place a Target in the 2 -story building that had been approved on the site plan, but had indicated he wanted to work with the City. Councilmember Russo explained how the La -Z -Boy store had met the specialty retail requirements and the Council had had no control, and how the Council had negotiated a settlement with Mr. Catalfumo and placed stringent requirements on other tenants. Ms. Winters stated for the record she was opposed to a Target in Palm Beach Gardens, and also expressed concern with the P.F. Chang building outside the mall. Steven Tarr, former Planning and Zoning Commissioner for two years and a resident of the City for 20 years, indicated he hoped the Lake Catherine sports complex would be a high priority in the recreation bond referendum. Mr. Tarr commented he had obtained a recording of the last meeting so that he could hear the comments in response to his public comments at the last CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/20/03 3 meeting. Mr. Tarr commented that Vice Mayor Sabatello had indicated he was the only member of the Council not contacted by Mr. Tarr. Mr. Tarr explained he had called the City Clerk's office to ask how to get written correspondence to each member of the Council and had been told to go to the website; however, he had found no e -mail address for Vice Mayor Sabatello. He had called back to the City Clerk's office and was told the Vice Mayor had no e -mail address or fax number and the only way to get a written communication to him was to send a letter by U.S. mail to City Hall and they would get it to him. Mr. Tarr felt this would be inappropriate so did not do it. Mr. Tarr commented his more compelling issue was why he did not receive a phone call either prior to not being reappointed or afterwards. Mr. Tarr commented that Vice Mayor Sabatello had indicated in his comments later in the meeting that Planning & Zoning needed a delicate balance, and stated he agreed with that; however, the current commission now had three building architects and a landscape architect, and a Growth Management Director with an architectural background. Mr. Tarr expressed his opinion that because of this, the City now had a very effective architectural review committee and a very inefficient Planning & Zoning Commission, and that it had been that way for the last 7 -8 years. Mr. Tarr expressed his opinion that this Planning & Zoning Commission was a developer's dream, and as a solution suggested perhaps the City should have an architectural review committee so that the Planning & Zoning Commission could concentrate on planning and zoning and not on landscaping, architecture, and engineering which were mentioned at the last meeting as the functions of the Planning & Zoning Commission, and with which he believed the literature on planning and zoning would not agree. Mr. Tarr commented that Vice Mayor Sabatello had acknowledged the conflict of interests, but he had discounted their effect. Mr. Tarr commented there were conflicts of interest in the City and although they might be technically legal, they were wrong. Mr. Tarr quoted Vice Mayor Sabatello that what bothered him most was someone questioning how we do business here in the city, that it was the one thing he did not like, everything else that was said he understood; to which Mr. Tarr noted the fundamental principle of democracy was the right and obligation of every citizen to question how government did business. Mr. Tarr indicated he was disappointed in the Council for accepting most of the comments at face value; disagreed that the air had been cleared, and commented that driving down either Northlake Boulevard or PGA Boulevard one could see the early stages of what he believed was poor planning, and the City Council did a lot of really great things but he believed that on this particular topic the City Council was missing the boat. CONSENT AGENDA Councilmember Clark made a motion to approve the consent agenda with Resolution 24, 2003 pulled for consideration later in the meeting, as requested by Vice Mayor Sabatello. Councilmember Russo seconded the motion, which carried 5 -0. The following items were approved on the consent agenda: a. Resolution 27, 2003 — Appointing Election Officials for the General Election on Tuesday, March 11, 2003. A resolution of the City Council of the City of Palm Beach Gardens, Florida, Appointing the Election Officials for the General Election to be held in the city on Tuesday, March 11, 2003; providing for conflicts; providing for severability; and providing for an effective date. b. Resolution 31, 2003 - Unity of Title for Westminster and Burns Road. A resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/20/03 4 Mayor and City Clerk to execute a Unity of Title relating to the Burns Road Community Center; providing for conflicts, providing for severability; and providing for an effective date. C. Resolution 35, 2003 — Evergreen PCD Plat #5. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Evergreen P.C.D. Plat Five (Parcel 8) plat and, providing for conflicts; providing for severability; and providing for an effective date. PUBLIC HEARINGS Ordinance 8, 2003 — Communication Tower Amendments. An ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to the city code of ordinances relating to the location and sitting of telecommunications towers; amending Section 78 -154, "Planned Unit Development overlay district (PUD)," Section 78 -155, "Planned Community Development overlay district (PCD)," and Section 78 -159, Footnote (64), "Wireless Telecommunication Facilities," of Chapter 78, "Land Development," providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Planner Jackie Holloman presented the city initiated request. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 8, 2003. Hearing no comments, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 8, 2003 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 8, 2003 on second reading by title only. Staff was directed to look into a shorter period than 12 months for abandoned towers, with criteria established for abandonment. RESOLUTIONS Resolution 24, 2003 — Mirasol Parcel 24 Zero Lot Lines. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a site plan application for Parcel 24 with a total of 50 zero lot line single - family units located within the Mirasol PCD and as more particularly described herein providing for a condition of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. Upon advice from the City Attorney, Vice Mayor Sabatello and Councilmember Russo recused themselves from voting on this item due to possible conflicts of interest. Councilmember Clark made a motion to approve Resolution 24, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Resolution 26, 2003 — Clear Channel Billboard Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a billboard relocation agreement with Clear Channel Outdoor and authorizing the Mayor and the City Clerk to execute the agreement on behalf of the city; providing for conflicts; providing for severability; and providing for an effective date. Planner Brad Wiseman presented the staff report. Elevations for billboards were clarified. Jeff Andres of Clear Channel spoke on behalf of the petitioner and explained the billboards could be removed by December 31, 2005. After discussion, petitioner agreed to change the due date to December 31, 2004 with the possibility of extending the due date to December 31, 2005, and to make their best efforts to remove the billboard on Northlake Boulevard within the first six to be removed, which the City Attorney read into the record. Councilmember Clark made a motion to approve Resolution 26, 2003 with the changes read into the record by the City Attorney. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 34, 2003 — Work Authorization for Engineering Services. A resolution of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/20/03 5 Council of the City of Palm Beach Gardens, Florida, providing for the approval of a work authorization for engineering services with the firm of LBFH, Inc. in connection with the creation of two special assessment districts; authorizing the Mayor and the City Clerk to execute said agreement; providing for conflicts; providing for severability; and providing for an effective date. City Manager Ron Ferris presented the project and recommended taking $100,000 from reserves in order to begin this work as soon as possible. City Engineer Dan Clark explained that the legal issues would be resolved at each step of the engineering process so that when the engineering was finished there would be a plan that could legally be implemented. Councilmember Clark made a motion to approve Resolution 34, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Clark made a motion to take $100,000 from the general reserves fund to fund the work authorized in Resolution 34, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 36, 2003 — Supporting the Alternate Design options for the State Road 710 Turnpike Interchange. A resolution of the City Council of the City of Palm Beach Gardens, Florida, supporting the alternate design options for location of the State Road 710 Turnpike interchange proposed by the Steeplechase property owners association; providing for conflicts; providing for severability; and providing for an effective date. Councilmember Delgado moved approval of Resolution 36, 2003. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES Ordinance 1, 2003 — Wachovia Bank Building Rezoning. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of rezoning 2.51 acres of land located at the southeast corner of PGA Boulevard and Military Trail, as described herein, from General Commercial (CG -1) to Planned Unit Development (PUD) Overlay with an Underlying Zoning of General Commercial (CG -1); amending the City of Palm Beach Gardens Official Zoning Map accordingly; providing for a condition of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Planner Natalie Wong presented the project. City Forester Mark Hendrickson identified the landscape area to be maintained by the petitioner. Marty Miner, Urban Design Studio, spoke on behalf of the petitioner. Four members of the City Council expressed their opinions that the sign code should be met. Consensus was to allow the petitioner to come back with a revised petition. Ordinance 6, 2003 —Small Scale Amendment C to MDX Donald Ross Village. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a small scale Land Use map amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land use designation on approximately 8.18 acres of land located at the southwest corner of Central Boulevard and Donald Ross road, from commercial ( C ) to mixed -use (MXD); providing for adoption; providing for transmittal to the Department of Community affairs; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. and Ordinance 7, 2003 — Legends at the Gardens. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 21.72 -acre parcel of land from Planned Development Area (PDA) to a CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/20/03 6 Residential Mixed -use Planned Unit Development (PUD) overlay, to be known as "Legends at the Gardens," by approving the construction of 19,375 square feet of business office use, 19,375 square feet of Neighborhood Commercial (CN) use, 186 multi - family dwelling units, and associated amenities, located on the southwest corner of Donald Ross road and Central Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Senior Planner Kara Irwin provided a presentation for both Ordinance 6, 2003 and Ordinance 7, 2003. Donaldson Hearing and Michael Sabatello of Centex Homes spoke on behalf of the petitioner. Petitioner agreed to look at the landscaping, enhance any areas that needed improvement, and revise the landscape plans accordingly. Margie McGuire, Sandtree resident, commented it would be very costly to Sandtree to maintain three acres in perpetuity, expressed liability concerns within the preserve, and requested the management plan be changed to reflect that an area would be used for garbage dumpster area and that the City sign off that Centex had met all requirements of the management plan for the first year at the time of transfer. Ms. McGuire questioned what agencies would require reports, and listed items for which the Sandtree Association would be responsible. Ms. McGuire was advised that the petitioner could address her concerns between now and second reading. Vice Mayor Sabatello requested figures be provided of the cost to the Sandtree HOA. Petitioner indicated they would spend $300,000 to acquire and restore the property before turning it over to the HOA, and after restoration it should cost $1,000 or less annually to maintain. Attorney Randolph for Sandtree indicated parking tracts were available for drainage improvements if needed, that he had not yet looked into the annual cost, and that out of 152 eligible to vote, 122 members of the association voted and were all in favor, and everyone had been notified. Another Sandtree resident indicated she and the attorney were present on behalf of the HOA. Councilmember Clark made a motion to place Ordinance 6, 2003 on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 6, 2003 on first reading by title only. Councilmember Clark made a motion to place Ordinance 7, 2003 on first reading by title only. Councilmember Delgado seconded the motion. During discussion of the motion, Councilmember Delgado recommended changing the sign code so that waivers for 2 -sided entrance signs would not be needed. Councilmember Russo indicated he did not favor changing the code. Because of time constraints, it was agreed to discuss this matter later. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 7, 2003 on first reading by title only. Ordinance 9, 2003 — Burns Road Community Recreation Campus. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the rezoning of approximately 15.9 acres of city -owned land from Public / Institutional (P /1), with a partial conditional use overlay, to a Planned Unit Development (PUD) overlay with an underlying zoning of Public / Institutional (P /1), known as the Burns Road Community recreation campus and approving site plan improvements and renovation of a 3,273 square -foot annex building, located at the southeast corner of Military Trail and Burns Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Planner Jackie Holloman presented the project. City Forester Mark Hendrickson described the foundation landscaping for the building and expressed his opinion that the landscaping plan was good. Councilmember Clark made a motion to place CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/20/03 Ordinance 9, 2003 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 9, 2003 on first reading by title only. ITEMS FOR DISCUSSION LDR Adjustment for Build Out Date Re- Definitions - City Engineer Dan Clark presented proposed draft language to modify the LDR's to change build -out dates. Attorney John Gary pointed out there were many different situations and favored holding meetings with Council, staff and developers before final decisions for modifications were made. Mayor Jablin suggested one individual from the City Council and the nucleus of the staff meet with the developers and provide periodic reports to the City Council. A list of all projects and their build -out dates was requested from staff by Councilmember Russo. Mayor Jablin indicated the Council was in agreement that they and the developers were in a partnership and did not want developers to engage in land banking but recognized that if they showed good faith the City Council did not want to be punitive. Attorney Ray Royce indicated he was encouraged that the City Council considered this a partnership and was willing to work to find a solution, and pointed out other discrepancies with the language as written, one of which was that the City Council would not be able to set build out dates. Vice Mayor Sabatello was designated as the City Council representative for the meetings. Al Malefatto, Attorney for the Admiralty, indicated they predated the forbearance agreement but did not want to be left out. The Mayor indicated everyone should be included. City Engineer Dan Clark indicated setting an arbitrary build -out date had not been addressed because it was tied to traffic concurrency, and research would be done to learn if a date could be set outside traffic concurrency. Discussion ensued regarding other situations. The Mayor expressed appreciation to the developers and their representatives. Zoning in Progress (ZIP) for Valet Parking_ - Councilmember Russo made a motion to approve Zoning in Progress for Valet Parking. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT City Attorney Rubin indicated an update on all pending litigation had been prepared by Mr. Watterson. Councilmember Russo expressed appreciation since this was Mr. Rubin's last meeting. New rates for pending cases were discussed. Mayor Jablin expressed his opinion that the Kyoto Drive matter was not so urgent and perhaps next month the new City Attorney could contact the FEC regarding an agreement. City Manager Ferris indicated he felt he and the new City Attorney could determine proper cost and determine who should take on these cases, which was allowable under the existing charter. The Mayor and Council expressed their appreciation to Mr. Rubin for his work as the City Attorney. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/20/03 8 ADJOURNMENT: There being no further business to discuss, the mg was adjourned at approximately 11:15 p.m. APPROVAL: MAYO VICE MAYOR SABATELLO COUNCILMEMBER ATTEST: PATRICIA SNIDER CITY CLERK'., FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 ASt %A%l/l� I IRS I ♦ \ \II %1111111 1 NAMF ,t NAME OF— HOARD. COIINCH . COMMISS10%. AU 1110R11 Y. OR COM11.4I171EE CZ11 "J (C't_ %1. 11 It%(. %DDRI SN I HF HOARD. C UNCII.. COMMISSION. AIII HORITI OR COMMITTEE ON C �hy WHICH I SERV IS A UN11 OF`. v v ` _'� `'N ��� 044Y O COUNTY O 01 HER LOCAL AGEWY Cl lye � COUNTY NAME OF POLITIfAI. SUHOIVISION: DA1EON %HIC'�FI VOlFaX'CI1KKFD / / MY POSITION IS: 2 2,Q '% ELECTIVE D APPOINTIVE WHO. MUST FILE FORM S 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 112.3113. Florida Statutes. tbur responsibilities under the law when faced with 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 he reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county', municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each 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 is retained. In either case, you should 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 votine; 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: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly %oting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should 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 should be provided immediately to the other members of the agency. • The form Should be read publicly at the meeting prior to consideration of the matter in'which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: 0 You should disclose orally the nature of your conflict in the measure before participating. You should 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 should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ('� -ZOO/ hereby disclose that on C 6 a,0 Of (a) A measure came or will come before my agency which (check one) inured to my special private gain; or ` , inured to the special gain of �°'�`'� , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Cpl Gp el cJ\L, �.v l.� c-�a s^J S C �S k e� c 4A, Date Filed I Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 13 ' 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 $5,000. CE FORM x8- IAI PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 11S I %A \II I IRS I % % %II MIDDI I VA F NAME OF HOARD, C N('ll , (' MISSIO %. AU I IIORIi Y. OR ('OMMIii EE wt\IIING \DI)RIAX L6 w_ CI lY Cot \ lY PN (' L" ��"q DATE ON N'HIOH VOIF (X'C1IRRF1) I HF HOARD, COUNCIL. COMMISSION. AU1 HOR111 OR COMMITTEE ON WHICH 1 SERVE IS A UNIi OF C11Y O COUNTY O Ol HER I.00AI. AGENCY N EAOFF POLITICAL S/UB/DiVISIOON: 7 \-" l7( c. Jam^•- t-� MY POSITION IS: (t VE O APPOI%TIVE 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. 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. lbur responsibilities under the law when faced with 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 he reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from kno\ \inely voting on a measure \which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should 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 yotine; 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: A person holding appointive county, municipal, or other local public office `LUST ABSTAIN from yotine on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly \otine on a measure \\hich inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the contlict before makine anv attempt to influence the decision by oral or \written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE :MEETING AT WHICH THE VOTE WILL BE TAKEN: - You should 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 should be provided immediately to the other members of the agency. - The form should be read publicly at the meeting prior to consideration of the matter in which you have a contlict of interest. e. IF YOU MADE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should 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 should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST z Za Zo 1, b S� - ( hereby disclose that on I (a) A measure came or will come before my agency which (check one) inured to my special private gain; or Po-N ' -n rl, inured to the special gain of S & °"44° 0— P , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Si NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), 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 $5,000. CE FOR %4 89 - 1A1 PAGE 2