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HomeMy WebLinkAboutMinutes Council 121803t�. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 18, 2003 The December 18, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:16 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The Deputy City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, and Councilmember Delgado. Mayor Jablin announced Councilmember Clark and Councilmember Russo would be present later in the meeting. Councilmember Russo arrived at 8:08 pm, and Councilmember Clark arrived at 8:55 pm. ADDITIONS, DELETIONS & MODIFICATIONS: Mayor Jablin announced that Councilmember Clark would be needed to vote on item 9C, which would be considered when Councilmember Clark arrived after finishing the item that was in process at that time. Councilmember Delgado made a motion to move item 9C to the next item after Councilmember Clark's arrival and to modify Resolution 212, 2003 as per memos distributed to the City Council. Vice Chair Sabatello seconded the motion, which carried by unanimous 3 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Councilmember Delgado introduced Dr. Monroe Benaim from the Palm Beach County School Board, who discussed the population growth in the county. Chris Garrison made a presentation regarding capital projects and discussed the school referendum for funding capital projects. The Vice Mayor stressed the need for a school at Mirasol. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported she had been elected again to a full voting position on the Treasure Coast Regional Planning Council. Councilmember Delgado distributed the new legislative agenda, with the state's priority being annexation. Councilmember Delgado reported she was working on a golf tournament to benefit a scholarship fund to honor the young lady recently killed who was from PGA National. Mayor Jablin noted that annexation issues would be addressed and resolved. The Mayor announced the federal decision that towns and cities could now petition the FRA to establish quiet zones and stop trains blowing whistles during evening hours, and advised that the Council would move forward to petition for a quiet zone in the City. CITY MANAGER REPORT: The City Manager announced there was no report and that he had provided material to the Council regarding directives from the last meeting. Vice Mayor Sabatello indicated he wished the new format used in this document to continue. COMMENTS FROM THE PUBLIC: Dodi Glas, Urban Design Studio, West Palm Beach, requested that CO's be issued for residential buildings in Legacy Place which were being withheld because of changes in the field made to paint colors, with a miscellaneous petition to be submitted after the fact. John Gary advised this had been a mistake, and there were 29 buildings ready to receive CO's. Mr. Gary suggested CO's be granted for 16 buildings, leaving 12 buildings which would have to come back for approval. Discussion ensued. Councilmember Russo arrived at this point in the meeting at 8:08 p.m. Following further discussion City Manager clarified the City Council wanted to authorize co's up to 16 building's until buildings were painted back to the CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 2 approved color or a petition to change the approved colors was approved. Councilmember Delgado made a motion to approve based on what had been stated in the record. Vice Chair Sabatello seconded the motion, which carried by 4 -0 vote. Jennifer Morton with Land Design South, in Palm Beach Gardens, announced she was anew resident but was present tonight on behalf of Toll Brothers and their Frenchman's Reserve project, in particular the model homes that had been approved approximately two years ago. Toll Brothers would like to add options for models. Ms. Morton asked if new models could be approved through administrative process at staff level. Discussion ensued. Consensus was to hold this item until later in the agenda when Councilmember Clark was present. Manny Graham, Greenway Drive, North Palm Beach, asked for forgiveness that the Village of North Palm Beach had gone ahead with changes to their comprehensive plan without consulting the City regarding annexation. Charles O'Meilia commented he understood the Northlake Task Force had a meeting next Monday night and there was a meeting January 15 regarding annexation. Roger Blangy, Garden Woods, expressed excitement over the railroad decision that quiet zones could be established. Mr. Blangy reported cabbage palms planted in Garden Woods by Mr. MacArthur were no longer to be trimmed by the City, and suggested the City continue but trim these in their spare time and trim each tree for a nominal fee of $25. Linda Hughey, Reed Drive, on behalf of Weekday newspaper, asked when the meeting for the Northlake Boulevard Task Force would be discussed. Mayor Jablin responded it would be at the January 15 meeting. Mr. Wu would be the representative for the City at the task force meeting on Monday. Julia Byrd, Daffodil Circle, requested information on when workshops could be held, which was provided by the City Attorney, who explained they could be held and explained the parameters. Councilmember Delgado requested a Council retreat. CONSENT AGENDA: Councilmember Delgado made a motion to approve the consent agenda. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the November 20, 2003 Regular City Council Meeting. b. Resolution 234, 2003 — Traffic Control Jurisdiction agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction between the City of Palm Beach Gardens and the Bent Tree Property Owners Association; and providing an effective date. C. Resolution 236, 2003 — Work authorization with LBFH for the master planning of the Burns Road Community Recreation Center expansion. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc. in connection with the master planning of the Burns Road Community Recreation Center, as well as site designing for construction of a new pool; authorizing the Mayor and City Clerk to execute such work authorization; providing an effective date. d. Resolution 239, 2003 - Marina Gardens Plat III Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Marina Gardens Plat III Subdivision Plat; and providing an effective date. e. Resolution 240, 2003 — Agreement with PBCC for education and training. A h CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 3 Resolution of the City Council of the City of Palm Beach Garden, Florida approving an agreement with Palm Beach Community College providing for the education and training of students in the Paramedic and EMT Programs; and providing an effective date. f. Resolution 241, 2003 — Withdrawal from the Florida Intergovernmental Finance Commission. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the withdrawal of the City from the Florida Intergovernmental Finance Commission; authorizing the execution and delivery of all necessary documents to effectuate the withdrawal; and providing an effective date. PUBLIC HEARINGS: PART I — QUASI- JUDICIAL Mayor Jablin announced the procedure to be followed for quasi-judicial cases. The Deputy City Clerk swore in all those intending to testify to quasi-judicial cases. Mayor Jablin announced that Councilmember Clark had just arrived at 8:55 p.m. Resolution 212. 2003 — Downtown at the Gardens Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Site Plan Approval for Downtown At The Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to allow for architectural modifications; to delete previously unaccounted for 11,000 square feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional retail square footage by 1,473 square feet; and to make minor site plan modifications; providing for waivers; and providing an effective date. The Deputy City Clerk read Resolution 212, 2003. Principal Planner Talal Benothman presented the project and explained that two. changes had been made to the conditions of approval in the resolution provided tonight, which were to revise condition 19 to reflect that the applicant will provide at least two public restrooms on the first floor; and to revise condition 54 to state applicant shall work with the Police Chief regarding digital cameras. Donaldson Hearing spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Resolution 212, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado disclosed ex -parte communication that she had met with staff and Councilmember Clark and Mayor Jablin disclosed they had attended joint meetings of petitioner and staff sometime in the past. Vice Mayor Sabatello and Councilmember Russo stated they had had no ex -parte communications. Councilmember Clark moved approval of Resolution 212, 2003 with the amendments as read into the record by staff. Councilmember Delgado seconded the motion which carried by unanimous 5 -0 vote. It was clarified that there was no additional condition regarding theater capacity since it was done by fire code, and the word "separate" was fine. Resolution 130, 2003 — Accepting parcel and Quit Claim Deed for Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Quit -Claim Deed from the Northern Palm Beach County Improvement District for the Lake Parcel at Downtown at the Gardens; authorizing the Mayor and Deputy City Clerk to execute a Quit -Claim Deed in favor of Downtown at the Gardens, LLC for the Lake Parcel at Downtown at the Gardens; reserving rights for the public to access and use the lake parcel; authorizing the Mayor and City Clerk to execute an operating agreement with Downtown at the Gardens, LLC for use of the public area; authorizing the Mayor and City CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 4 Clerk to execute an Escrow Agreement with Downtown at the Gardens, LLC to provide for reconveyance of the public area if the project is not completed by a date certain; and providing an effective date. The Deputy City Clerk read Resolution 130, 2003 by title only. Mayor Jablin announced that Resolution 130, 2003 was a companion resolution to Resolution 212, 2003 and this was not a public hearing. Councilmember Russo moved approval of Resolution 130, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 223, 2003 — BallenIsles Temporary Sales Center Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida an extension for the BallenIsles temporary sales center located on the West side of BallenIsles Drive approximately 700 feet South of PGA Boulevard, in the BallenIsles Planned Community Development, as more particularly described herein; and providing an effective date. The Deputy City Clerk read Resolution 223, 2003 by title only. Vice Mayor Sabatello stated he would step down because one of his companies was a builder in BallenIsles. Councilmember Russo stated he would also step down due to the fact that Vice Mayor Sabatello was his client. Planner Jackie Holloman presented the project. Anne Booth spoke on behalf of the petitioner. Attorney John Gary provided history and made comments on behalf of builders. Mayor Jablin declared the public hearing open, held on the intent of Resolution 223, 2003. Dr. Robert Davis spoke against extension. Roma Joseph, Chairman of Board of BallenIsles Community Association, commented staff for their work and stated their Board supported staff in denial of this project, and recommended a short-term extension. Bob Kaplan asked the City Council to uphold the original resolution. Joe Martalese, President of BallenIsles Community Association, stated their board was opposed to permitting the sales center. John Gary spoke again, indicating Dr. Davis had made comments that were incorrect. Resident Bernard Summers indicated his house was sold to him by a broker outside BallenIsles. Robert Freen commented on the number of units sold during the past year by BallenIsles sales staff and by outside brokers and requested the extension be granted. Growth Management Director Charles Wu clarified that the request also included making the sales center permanent. Linda Cassidy, representing a builder in BallenIsles, spoke against any changes during season, which she indicated would hurt sales. Len Saltzman, President of Concerned Homeowners of BallenIsles, repeated Mr. Wu's remarks about the developer request for a permanent sales center as well as an extension, and stated the developer sales office was the only one who could sell new homes in BallenIsles. Dr. Robert Davis advised the sales center was not within the gates of BallenIsles. Mayor Jablin declared the public hearing closed. Councilmember Delgado reported ex -parte communication with staff and several members of the community. Councilmember Clark reported ex -parte discussion with Roma Joseph and John Gary. Mayor Jablin reported ex -parte communications with the petitioner and several members of the community. Each member of the City Council expressed their desire that this be the final extension. Councilmember Clark made a motion to approve Resolution 223, 2003. Councilmember Delgado seconded the motion. The vote on the motion was 2 -1 with Mayor Jablin opposed. PART II — NON -QUASI JUDICIAL Ordinance 37, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31.04. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.416 acres, generally CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 5 located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31.04 ", to change the land use designation from Mixed Use (MXD) land use designation to Residential High (RH) land use designation; and providing an effective date — for consideration of second reading and approval. The Deputy City Clerk read Ordinance 37, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 37, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Ordinance 37, 2003 be placed on second reading by title only and approved Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 38, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31B. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31 B ", to change the land use designation from Residential High (RH) land use designation to Mixed Use (MXD) land use designation; and providing an effective date — for consideration of second reading and approval. The Deputy City Clerk read Ordinance 38, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 38, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Ordinance 38, 2003 be placed on second reading by title only and approved Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 40, 2003 — City Code Amendment relating to Building Permit Fee Collection. An Ordinance of the City Council of the City of Palm Beach Gardens; Florida relating to building permit fee collection; amending Section 86 -26, Code of Ordinances entitled "Building Code Adopted; Permit Fees "; replacing Section 104.6.4 of the Florida Building Code entitled "Schedule of Permit Fees "; providing for codification; and providing an effective date — for consideration of second reading and approval. The Deputy City Clerk read Ordinance 40, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 40, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Ordinance 40, 2003 be placed on second reading by title only and approved Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 233, 2003 — Authorizing the collection of Non -ad Valorem Assessments. A Resolution of the City Council of the City of Palm Beach Gardens, Florida electing to use the uniform method of collecting Non -Ad Valorem Assessments levied within the incorporated area of the City for the construction of certain local improvements and for the maintenance of the Stormwater system; stating a need for such levy; providing for the mailing of this Resolution; and providing an effective date. The Deputy City Clerk read Resolution 233, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 233, 2003. Pat Hughey, Reed Drive, commented this Council had commented in the past there would not be an assessment for stormwater areas and asked what areas were considered for assessment. City Manager Ferris noted this was only an enabling motion and no areas had yet been considered for assessment; and clarified there would be public hearings if this went forward. Ms. Hughey stated she was against it. Hearing no further comments CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 6 from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Resolution 233, 2003 be approved Councilmember Delgado seconded the motion, which carried by 4 -1 vote with Councilmember Russo opposed. RESOLUTIONS: Resolution 209, 2003 - Agreement with Kislak National Bank to purchase 10 marked Police Vehicles. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the lease - financing of certain equipment pursuant to a master lease - purchase agreement with Kislak National Bank; providing for the payment of the lease payments; making certain other covenants and agreements in connection therewith; and providing an effective date. Staff presentation was made on Resolution 209, 2003, Resolution 229, 2003, and Resolution 230, 2003 by James Lund, Fleet Superintendent. Councilmember Clark moved approval of Resolution 209, 2003. Councilmember Delgado seconded the motion. Motion carried 4 -1 with Vice Mayor Sabatello opposed. Resolution 229, 2003 — Purchase award to Duval Ford for nineteen vehicles. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding contracts for the purchase of nineteen vehicles to Duval Ford, Don Reid Ford, Mike Davidson Ford, Gus Machado Ford, and Atlantic Truck Center via an existing contract with the Florida Sheriff's Association, Contract No. 03 -11 -0825; and providing an effective date. Councilmember Clark moved approval of Resolution 229, 2003. Councilmember Delgado seconded the motion. Motion carried 4 -1 with Vice Mayor Sabatello opposed. Resolution 230, 2003 — Purchase award to Nortax Equipment for one Tiger Slope mower. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract for the purchase of one slope mower to Nortrax Equipment via an existing contract with the State of Florida, Contract No. 765- 900- 21 -01; and providing an effective date. Councilmember Clark moved approval of Resolution 230, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 235, 2003 — Contract award to Murray Logan, Inc. for canal restoration services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the reconstruction of the Thompson River Canal to Murray Logan Construction, Inc.; and providing an effective date. City Engineer Todd Engle presented the project. Councilmember Clark moved approval of Resolution 235, 2003. Councilmember Delgado seconded the motion. Motion carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: Mr. Wu explained Frenchman's Reserve had requested approval of new models to be done administratively which staff had not felt comfortable approving, and requested clarification as to whether the City Council wished staff to approve new models administratively. Direction was that staff could approve new models administratively or if uncomfortable to bring before City Council. Vice Mayor Sabatello suggested a shortened review process if possible. r CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:05 p.m. APPROVAL: ATTEST: PATRICIA SNIbER CITY CLERK° FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 IkSI NAMI 1114'11 %%%II \tlltlllI NAMF N. IMEOF HOAR D. COI NCII.(' OMMISSIO %.AUI1101411Y.OR('OMM III t.E M All IN6 \DDRI XS 1 Ht HOARD. COIL (I1.. COMMISSION. AUI HORIIY OR COMMITTEE ON ��p WIUCH 1 SERVE IN A UNIT OF - RT CnY O COUNTY O O1 HER LOCAL AGENCY CI 1 "' COUNTY NAME OF POI.ITICAI. SUBDIVISION: 1)Al'E ON W'HI('p VOLE OCCURRFD 1 2716 ro3 MY POSITION IS: ELECTIVE O APPOINTIVE 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 112.3133, Florida Statutes. Your 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 re%erse 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 pri,.ate gain. Each local officer also is prohibited from knowinely 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 abstainine 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: 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 voting 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 contlict 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 .LAKE 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: • 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 I. v y t"' ` e^� °" ""' `� , hereby disclose that on "Z (a)// A measure came or will come before my agency which (check one) —L nured 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: CL.-.�.1- �..t�..,2 (Q fa� -\1=1 .Q.adwc. ti'- t 5 �Oo Date Filed A4S o I, n �6— d-d 31 o16Va NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (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 55.(]00. CE FORM 98 . 1.91 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 aSl \A \II 1IRSl \*1>II MI1�1,1DII NAMI NAME01-W)ARI).(' OLIN( 11.(' OMMISSIO \.AUI1((1RI1Y.ORCOMMIIILE \(.\11 IN(: 1011141 SS 1 HF H)ARI). COON( "11. COMMISSION, AIJI HORIII OR COMMITTEE ON WIIICH I SERVE IS A IINII OF. J� C2 Y O COUNTY O Ol HER LOCAI. AGENCY NAME OF POI.ITICAI. SUBDIVISION: FKL_v__1 IL q� / IIAI E ON A1,44-1-1 V( 1F (K'CPRRFI) MY POSITION IS I3 ELECTIVE 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 roerse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding dectise county, municipal, or other local public office MUST .ABSTAIN from voting on a measure which inures to his special prisate gain. Each local officer also is prohibited from kno%%ingly 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 COTE BEING TAKEN by publicly stating to the as.embly the nature of your interest in the measure on which you are abstaining from vodne; 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 voting 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 NI.AKE 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: • 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 recordingihe minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on ( Q 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain. or the spc ial gain of C' Z- by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: (�esm i,n�. , D-a- 3 , aU� Date Filed S NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (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 55,000. CE FORM 98 - IAl PAGE 2