HomeMy WebLinkAboutMinutes P&Z 061097CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
June 10, 1997
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City
of Palm Beach Gardens, Florida, was called to order by Chair Diane
Carlino at 7 :30 P.M. in the Assemhly Room at the Municipal Complex,
10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the Pledge of Allegiance to the Flag.
The roll was called by Planner Bahareh Keshavarz, Secretary for the
meeting.
Present
Diane Carlino
John Glidden
Christopher Jones
William Mignogna
John Nedvins
Jeffrey Ornstein
Thomas Paganini
Thomas Pastore
Absent
Joel Channing
Also present at the meeting were Assistant City Manager Greg Dunham,
City Council Liaison David Clark, City Attorney Carol Wallace,
Planning and Zoning Director Kim Glas Castro, Principal Planner Marty
Minor, and Planner Bahareh Keshavarz.
ITEMS BY PLANNING AND ZONING DIRECTOR
Acting Planning and Zoning Director Kim Glas announced that the City
Manager would be conducting interviews for Growth Management Director
on Friday, June 13.
Ms. Glas announced that the Planning and Zoning Commission would be
sitting as the Zoning Board of Appeals for the first agenda item.
ITEMS BY CITY COUNCIL LIAISON
There were no items by the City Council Liaison.
Minutes of May 27,1997 - Mr. Pastore made a motion to approve the
minutes as submitted. Mr. Mignogna seconded the motion, which carried
Planning & Zoning Commission Minutes
June 10, 1997
by 4 -0 vote. John Glidden, Christopher Jones, Jeffrey Ornstein and
Thomas Paganini abstained.
ZONING BOARD OF APPEALS
Public Searing. Petition VAR- 97 -01, by Urban Design Studio, agent for
Mt. and Mrs. Don Murray, requesting a variance from the requirements
of Land Development Regulations, sections 118- 201(g) (1) & (4), 118-
474(4), 118 - 474(5), 118 -476, 118 -539, 118 -569, and 110 -36(c) for the
expansion of an existing preschool to include a private school in the
Rffi', Residential Medium Density zoning district. The preschool is
located on Ruby Street north of Holly Drive and West Ironwood Road.
(7- 42S -43H)
Principal Planner Marty Minor explained that this petition was in
conjunction with the conditional use application by the same applicant
and reviewed the staff report dated June 4, 1997, listing the eight
variances requested. Mr. Minor referred the Board to page 4 of the
staff report where six criteria were listed which must be met in order
to approve a variance request. Mr. Minor reported that the petitioner
is had not supplied the courtesy notice of this public hearing to owners
of surrounding properties within 500 feet by mail at least ten days
prior to the scheduled hearing, and as a result staff recommended
continuation of this public hearing to June 24, 1997.
Chair Carlino declared the Public Hearing open. Mr. Ornstein explained
he could not be present at the June 24 meeting and questioned Allison
Johnston with Urban Design Studio, agent for the petitioner, as to the
hardship in this case. Ms. Johnston explained that this was an
existing school which was expanding. Mr. Ornstein commented that the
petitioner was making their own hardship by expanding, and therefore
the variances could not be granted. Chair Carlino advised the
petitioner to be prepared to answer all six criteria at the June 24
meeting. Chair Carlino declared the Public Hearing continued.
PLANNING AND ZONING CODWISSION
Public Searing: Petition 07-96-05, by Urban Design Studio, agent for
Mr. and Mrs. Don Murray, for a conditional use approval for the
expansion of as existing preschool to include a private school in the
RM, Residential Medium Density zoning district. The preschool is
located on Ruby Street north of Holly Drive and West Ironwood Road.
9 Planning & Zoning Commission Minutes
June 10, 1997
(7- 42S -43H)
Discussion was held whether to hear this public hearing at tonight's
meeting since the variance application had not been heard. Ann Booth,
Urban Design Studio, questioned the processing procedure and explained
that the requested variances were only minimum variances in order to
move the petition forward. After further discussion regarding whether
to hear this petition or to continue it, Chair Carlino declared the
public hearing open. Hearing no comments from the public, Chair
Carlino declared the public hearing continued to June 24, 1997.
Public Hearing: Petition CU-9 6 -06, by 76seph J. Verdone, agent for
Mecca Fazms, Inc., is requesting a conditional use approval to amend
table 1 and table 2 of Resolution 125, 1995 which approved a
conditional use for the existing and proposed agricultural uses. (36-
41S-42B)
Principal Planner Marty Minor reviewed the staff report dated June 4,
1997.
• Joseph J. Verdone, agent for the petitioner, stated that all
conditions of approval were acceptable.
Chair Carlino declared the public hearing open. Hearing no comments
from the public, Chair Carlino declared the public hearing closed.
Mr. Ornstein made a motion to approve Petition CU -96-06 with the
following conditions:
1. Prior to recommending Construction Plan approval, the Engineer
-of- Record shall resize the drainage culvert pursuant to the
City's and NPBCID's requirement and provide engineering
calculations for review.
2. The petitioner shall obtain a permit from Palm Beach County and
NPBCID for the widening of the entrance, the construction of
guardrails, the extension of the equalization pipe and the rip -
rap end walls prior to the issuance of a building permit.
3. Should the parking lot be used for three years or more, then the
parking lot and entrance need to be constructed per the
requirements of LDR Section 114 -206. These criteria require a
minimum paved surface course and a minimum Structural Number of
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Planning & Zoning Commission Minutes
June 10, 1997
1.5.
4. Prior to the approval of this petition, the applicant will need
to provide a letter to Seacoast Utility Authority recognizing
the shrubbery within the easement is at risk and hold the
Authority harmless should Seacoast need to install, repair or
maintain its facilities.
Mr. Pastore seconded the motion, which carried by unanimous 7 -0 vote.
Principal Planner Marty Minor requested that condition 3 be amended
to state three calendar years. Mr. Ornstein amended the motion to be
as reworded by staff. Chair Elect Xignogna seconded the amended
motion, which carried by unanimous 7 -0 vote.
Public Searing: Petition PUD - 9 7 - 01, by Larry J. Winker, agent for
Diocese of Palm Beach, for the development of a Planned Unit
Development (PUD) for a 15,000 square -foot expansion of the existing
St. Ignatius Cathedral and the Pastoral Center and the construction
of a 63,000 square -foot Parish School and Spiritual Earichmen t Center,
a 17,000 square-foot Pami ly Center, a 7,000 square-foot Day Care
Center, and a 24,000 square -foot Cathedral Center. The 18.97 acre site
is located at the southwest corner of Military Trail and Holly Drive.
(13-42S-42,H)
Principal Planner Marty Minor reviewed the staff report dated June 4,
1997.
Mr. Siro DeGasperis, Chairman of the Building Fundraising Project,
explained that ultimately a school through 8th grade would exist o the
property, and that a meeting had been held with the neighbors to
discuss the project where some objections had been made to traffic and
concerns with drainage had been expressed.
Paula Winker with Studio 7, the architectural firm, commented on the
parking analysis included in the packets for the meeting in terms of
the non - concurrent use of the facility, under which the maximum number
of parking spaces needed would be 358.
Larry Winker with Studio 7 explained that items on the drainage plan
had been submitted to the City engineer for approval. Mr. Winkler
described the proposed architecture, and described how drainage
problems would be addressed. Mr. Winker explained that all of the
adjacent neighbors had fences, so that a fence was not necessary, and
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• Planning & Zoning Commission Minutes
June 10, 1997
described proposed landscaping. Seagrape was to provide the primary
noise buffer.
Chair Carlino declared the public hearing open.
Steve Kavlic, Holly Drive, commented that he did not understand the
day care center and family center, which were retail operations within
a residential zoning area, and expressed drainage concerns. Mr.
Kavlic described areas which flooded and also expressed parking
concerns.
Louise Zuckwcilu, corner of Holly and Seagrape, stated she also owned
a house on Holly, and was very concerned about this project. Ms.
Zuckwcilu expressed drainage concerns. Ms. Zuckwcilu objected to a
baseball field and hockey field being moved in back of the houses, and
suggested parking be placed in back of the houses instead; expressed
concern that the seagrape would not be a sufficient buffer; and
commented that a traffic problem would be created on Holly and
Military Trail. Ms. Zuckwcilu expressed her opinion that the project
was too large for the site.
• Jackie Simms, 4549 Holly Drive commented that she and her husband also
owned the property on the northwest corner of Holly and Military
Trail, and the driveway of the church almost met her driveway. Ms.
Simms described the configuration and described how dangerous the
traffic situation was and commented on the amount of traffic generated
by the church. Ms. Simms stated their main concern was the traffic
and the exiting onto Holly Drive.
Ben Simms, 4549 Holly Drive commented that most of the traffic came
out onto Holly because of the traffic light, but there was another
entrance to the church on Military Trail which could be used. Mr.
Simms stated that their property was affected by the traffic more than
that of anyone else.
Larry Smith, Attorney, representing BallenIsles, expressed concern on
behalf of Ballenlsles residents regarding a play area adjacent to
their property, noise, buffering, and possible lighting. Mr. Smith
cautioned that this was a commercial use being allowed in a
residential area and urged extreme care by the Planning and Zoning
Commission when reviewing the project. Mr. Smith asked that the
Commission focus on parking, where 605 spaces were required and 415
provided. Mr. Smith explained the church was asking for shared
parking, which had been rejected by the City Council in another
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June 10, 1997
situation. Principal Planner Minor clarified that the difference in
the situation Mr. Smith had mentioned and this project's parking was
that part of the parking in the other situation had been located off -
site, while the church parking was all on -site. Discussion ensued
regarding these types of situations. Mr. Smith suggested that a block
wall was needed to buffer sound, and commented that the 2 -story school
building had windows from which the back yards of neighbors could be
seen. Mr. Smith suggested that with a horseshoe- shaped school,
activities could be kept in the center of the horseshoe. Mr. Smith
asked that drainage, traffic, and parking be carefully considered.
Jose Sovano, 4606 Holly Drive, expressed concern over the mosquito
situation which had been developing over the past six years and that
excavation would mean there would still be an open pond where
mosquitos would be present.
Vince Pappalardo, member of the Building Committee for the project,
discussed drainage, and expressed his opinion that the water problem
would disappear once the new drainage system was in place. Mr.
Pappalardo commented that parking would be shared on this property
with the same owner. In regard to traffic, Mr. Pappalardo stated that
the uses on this property happened at different times.
Richard Turner, Holly Drive, expressed concern for drainage and
parking, and explained that the church had not lived up to its
promises in the past to do something about those situations.
Lou Oxneved, 4475 Holly Drive, expressed concern regarding the present
traffic situation with cars going to the high school, and recommended
a solution by having all church traffic enter and exit via Military
Trail.
Sidney Wither, 4653 Holly Drive, explained that promises to fix the
drainage had not been done, and described the water problems. Mr.
Wither stated that the parking was misrepresented by saying it would
not be used at the same time for church and school, and described the
current inadequate parking situation. Mr. Wither commented that more
traffic would be generated from the commercial ventures.
Chair Carlino declared the public hearing closed.
Rocky Biby, Engineer with Kimley -Horn Associates, discussed drainage
and described the present situation and the proposed solution. Mr.
Biby clarified in response to questions from the Commission that the
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June 10, 1997
same outfall structure would be used, that all drainage work would be
done prior to obtaining a certificate of occupancy, and described
berms which were in place. Mr. Ornstein recommended a visual and
drainage berm and wall which would also be a sound barrier. Comments
by other Commission members included statements that the church had
not maintained their present drainage and retention needed to be 50W
above the minimum. Mr. Biby suggested that the church could be
provided with maintenance information. Mr. Glidden commented he had
not seen a drainage problem on the site in ten years and was satisfied
that SFWMD would require proper drainage. Chair Elect Mignogna agreed
with Mr. Glidden.
Traffic and parking was discussed. Chair Carlino questioned whether
there was a way to eliminate parking on Holly Drive and on neighbors'
yards and the ingress and egress. Mr. DeGasperis commented that
overflow parking only occurred on specific occasions and that the
church had told residents that use of the Military Trail entrance
would be encouraged. Mr. DeGasperis assured residents that the church
would correct the drainage and that SFWMD would assure that it was
corrected. Mr. Ornstein discussed parking and expressed his opinion
that the required number of parking spaces should be provided. Mr.
Ornstein pointed out that several years ago the church had been
allowed to construct offices with the promise that they would never
have a school or other activities. Mr. Paganini expressed concern
that parking would not be sufficient for special occasions, filling
in the pond, and the ballfield. Mr. DeGasperis explained the shared
use concept again. Mr. Pastore questioned project lighting, to which
Mr. DeGasperis responded there would not be lighting for the
ballfield. Mr. Winker explained that there would be 16 lights in the
south parking area. Mr. Pastore expressed his opinion that SFWMD
would assure proper drainage and that he had no problem with shared
parking. Chair Elect Mignogna commented he had no problem with shared
parking. In response to a question from a member of the Commission,
Kim Glas explained the density for RM and RL zoning districts. Mr.
Glidden commented that 50% impervious factor would be about the
average between the two densities. Mr. Glidden commented he did not
believe it was fair for any resident to have parking in their yard or
swale. Ms. Glas pointed out that on- street parking was allowed. Mr.
Glidden stated he was in favor of grass parking. Mr. Winker explained
the difference between the cathedral and cathedral center. Mr. Winker
verified that 339 parking spaces existed. Discussion ensued regarding
a grass parking layout which would increase parking by approximately
20%. Mr. Glidden expressed his opinion that drop -off on Holly Drive
with the traffic light was best and that a wall or berm should be
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Planning & Zoning Commission Minutes
June 10, 1997
constructed for sound reduction. Chair Carlino commented that
drainage would be reviewed and would be required to meet all criteria
of SFWMD; and questioned whether it was the consensus of the Board to
have some kind of berm and wall around the property on at least two
sides and possibly three sides to eliminate some of the noise and
drainage issues. After a poll of the members, most wanted both a berm
and wall. The petitioner was requested to come back with a creative
plan for a wall and berm, a grass parking plan, and Chair Carlino
indicated that all drainage was to be completed prior to the
certificate of occupancy.
Mr. Ornstein left at 9:45 P.M.
Chair Elect Mignogna left at 9:45 P.M. because of a conflict of
interest with the next petition.
WorkahoR: Petition PUD- 96 -11, by Dow, Howell, Gilmore, Associates,
agent for Gardens Presbyterian Church, for the development of a
Planned Unit Development (PUD) for a 9,000 square foot, 300 seat
religious facility. The 8.91 acre site is located at the northeast
• corner of Hood Road and Central Boulevard (36 -415 -429)
Principal Planner Minor reviewed the staff report dated June 4, 1997,
and explained that the required amount of parking was all located on-
site.
Mark Ugowski, architect, agent for the Petitioner, reviewed the
project, and requested approval to build phase one. Mr. Ugowski
explained that shared parking would be with Temple Beth David. Hood
Road Median and Central Boulevard Parkway landscaping was discussed.
Mr. Ugowski explained that the petitioner was requesting that the Hood
Road Median landscaping be installed in the future triggered by
specific milestones as outlined in a letter to the City. Chair
Carlino questioned the possibility of bonds for this situation, to
which Ms. Glas responded that surety could be held until the
improvements were installed. Mr. Pastore questioned alternates for
the roundabout, which Mr. Ugowski explained were a cul -de- sac -de -sac,
covered walkway, and memorial garden. Mr. Ugowski clarified the flow
over the 161 drainage easement and explained outfall on the proposed
project. Mr. Ugowski verified that most vegetation on the site was
medium to high with slash pine being 80W of the trees. Mr. Ugowski
commented on how the architectural theme fit in with the neighbor,
Temple Beth David, by explaining that the temple architecture was a
symbolic design and was the main feature of their property, while this
•
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June 10, 1997
project was designed using the building in the background. Mr.
Paganini questioned whether the City had a requirement for Temple Beth
David in connection with the landscaping for the Hood Road Median and
it was requested that staff provide that requirement at the next
meeting so that consistency could be maintained between the
requirements for the two projects. Dr. Bush, Pastor of Gardens
Presbyterian Church, commented that final buildout was anticipated in
15 or 20 years. Mr. Jones expressed concern with the traffic
circulation at a specific location. Discussion ensued. Mr. Ugowski
verified that the color of the barrel tile was natural and that there
was nothing placed on top of the building. Mr. Ugowski explained that
a kitchen vent would be disguised as a dormer. The applicant was
requested to bring material samples to the next meeting and to provide
a roof plan. Chair Carlino questioned whether the applicant had a
problem with the condition that the proposed school would be in
association with the church services, to which Pastor Bush responded
that there were no plans to run a commercial nursery or school with
phase one. Chair Carlino reviewed direction to the applicant for
items needed at the next meeting: Drainage plan must reflect the
drainage easement changes and a roof plan must be provided. Ms. Glas
• advised that this petition was only for the 9,000 square foot building
so that traffic circulation to other buildings could not be addressed
at this time. Chair Carlino questioned whether a condition could
address Sunday only use of the school, since the Pastor had indicated
the school might be used during the week also but with less intense
use. Chair Carlino advised that staff would check on the condition
for landscaping the Hood Road Median required of the last development,
and the applicant should be aware that a requirement might be made
regarding that landscaping. The applicant described the landscaping
plan further.
OLD BUSINESS
Chair Carlino questioned the status of the outdoor seating issue, to
which Mr. Minor responded that notifications were being sent to
restaurants and a public hearing was scheduled for June 24.
Mr. Glidden reported that the City of West Palm Beach was trying to
enforce a provision prohibiting any commercial properties from
assigning code - required parking spaces.
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0 Planning & Zoning Commission Minutes
June 10, 1997
NEW BUSINESS
There was no new business to come before the Planning and Zoning
Commission.
•
• 10
•
Planning & Zoning Commission Minutes
June 10, 1997
MA • 1 i��.
There being no further business, upon motion by Mr. Pastore, seconded
by Mr. Glidden, and unanimously carried, the meeting was adjourned at
10:30 P.M. The next meeting will be held June 24, 1997.
APPROVED: C
Diane Carlino, Chair
rJ-
William Mignogna, Chair Elect
(4v 6w",
Jo n idden
Jeffrey Ornstein
Thomas P tore
Thomas Pa anini
Chris opher ones
11
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C0104ENTS FROM THE PUBLIC
Request to Address City Council
Please Print �% `
Name:-/3 E� (! Y)9 e /y 1 / / n. in,5
Address:
City:
Subject: 01? xJ e- _� l�-� d U, �. � LO/5
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Members of the public may address the City Council during the
"Comments by the Public" portion of the agenda and during "Public
Hearings ". This Request to Address the City Council must be
delivered to the City Clerk prior to the commencement of the
meeting. The time limit for each ipeaker is limited to three (3)
minutes.
•
COMMENTS FROM T #E PUBLIC
Request to Address;City Council
Please Print
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Name:
Address: 44 -VQ
City: T, y, �
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Subject: 1 YeC-!1 k1%/9/1/,5 /Dst%
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Members of the public may address: the City Council during the
"Comments by the Public" portion of!the agenda and during "Public
Hearings ". This Request to Address the City Council must be
delivered to the City Clerk prior to the commencement of the
meeting. The time limit for each s0eaker is limited to three (3)
minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: �O�ii f - E Zy
Address: �()D S 7 Sty. A r 9*&i
City: P���
Subject: P42 S; to a s ZQ vs r ig
Members of the public may address the City Council during the
"Comments by the Public" portion of the agenda and during "Public
® Hearings ". This Request to Address the City Council must be
delivered to the City Clerk prior to the commencement of the
meeting. The time limit forleach speaker is limited to three (3)
minutes.
•
COMMENTS FROMITHE PUBLIC
Request to Address City Council
Please Print-
Name:— L wt l'. Ac7T6
Address: 5 _
City:
Subject:
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Members of the public may address, the City Council during the
"Comments by the Public" portion of the agenda and during "Public
Hearings ". This Request to Address the City Council must be
delivered to the City Clerk prior to the commencement of the
meeting. The time limit for each speaker is limited to three (3)
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T, mwn1%,1rAL. ANN VIMN LOCAL VUBLIG OFFICERS
NAME —FIRST NAMLF— MI001 t NAM[ NAME OFF WARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTI
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THL BOARIII COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE O*
WHICH 1 SERVE IS A UNIT OF:
00, COUNTY OTHER (OC'At AGENCY
01• PUL ITIC'AL SUBUIVISION:
MY pu%I r1AN IS'.
. ELECIIVE
WHO MUST FILE FORM 85
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a
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• You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minut
of the meeting. who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. W11.�1er'►C+• ��d►'1Ni►VMr __ , hereby disclose that on
(�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 retainec
(b) The measure before my agency and the nature of my interest in the measure is as follows:
(Duo mckea, %\
G�c�•oews Pc�+as�za�►.�a C�►�.�
MY � ►'tea. ,� zvr�F S�tt►u�+�,.n�.��,,Nser+_.
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6 . � 0. %n- -
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ¢112.317 (1983), A FAILURE TO MAKE ANY REQUIRE
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION, REDUCTION I.
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $3,000. I
to • taw P, I