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HomeMy WebLinkAboutMinutes Council 110295CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 1 CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS NOVEMBER 2, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL, CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, and Councilwoman Monroe. Councilman Jablin arrived at 7:38 P.M. Councilman Clark was absent from the meeting. ANNOUNCF,MENTS Mayor Russo stated the announcements were as posted on the City's bulletin boards. KATHY & DON BABIN Both Mr. and Mrs. Babin reported they did not support the recent newspaper article in the Weekday and were very pleased with the cooperation they had received in regard to the roller hockey rink. Vice Mayor Furtado volunteered to serve as liaison to the PBGYAA. Mayor Russo suggested that the liaison to the Recreation Advisory Board should also attend the PBGYAA meetings in order to assure continuity. PRESENTATIONS: DICK CAMERON Mayor Russo awarded Dick Cameron of the Parks and Recreation Department a 20 —year pin in appreciation of his 20 years of service to the City. CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 2 DANIEL WEAVER Mayor Russo awarded Daniel Weaver of the Fire Department a 15 -year pin in appreciation of his 15 years of service to the City. SABATELLO COMPANIES Police Chief FitzGerald presented an award from the Palm Beach County Police Benevolent Association to Carl Sabatello for his company's assistance in providing temporary housing for police officer Cheryl Barr who lost her home through a fire. Chief FitzGerald also presented a certificate of appreciation from the Palm Beach Gardens Police Department and the City to Mr. Sabatello for his generosity in helping Officer Barr. BOB PATTY Public Works Director Bob Patty provided a brief overview of canals and swales within the City, who maintained them, and how they had functioned during the recent flood. Mr. Patty outlined the schedule for work on canals and swales within the City in order to improve drainage, and stated the residents would be notified by letter prior to commencement of the work. Mr. Patty explained that there were 13 -1/2 miles of canals which the City maintained, and a program had been started over a year ago to clean the canals by cutting the vegetation in order to keep banks stabilized so that trees and branches would not fall into the canals during a storm and block drainage. City Engineer Lindahl explained that the schedule for cleaning canals in the future was 3 -5 years but needed to be monitored in order to clear blockages as they occurred. Mr. Lindahl responded to Vice Mayor Furtado's question of whether the City had authority to make other agencies keep the canals under their jurisdiction CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 3 clean, and explained that while Palm Beach County cooperated with the City only on the basis of need in regard to those canals which the County maintained, that Northern Palm Beach Water Control District had established performance standards for the canals under their authority so that the City's position with regard to those canals was somewhat stronger. Discussion ensued regarding keeping the system cleared in anticipation of another storm; and the research currently in process to determine those areas which did not function properly during the past storm, whether the problems could be fixed, and the cost to do so. Vice Mayor Furtado announced that a special meeting would be held to report the results of those studies to the residents. Mayor Russo reported that a member of the audience, Mr. Sellers, had requested a drainage study, and explained that a study was being undertaken for every area of the City which had been adversely affected by the flood, and each resident affected would receive a status letter of the results and invitation to the special meeting. MR. SELLERS Robert R. Sellers, 11086 Oakway Circle, reported events on Oakway Circle during the flood and requested positive action be taken by the City to correct drainage problems. City Manager Herakovich explained that RCA Boulevard was a County Road and that the City was involved in the design stage for its improvement. Mr. Seller thanked the City Council and Public Works for their help. CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 4 AWARDING OF RIDS: NATURAL GAS SYSTEM City Manager Herakovich reported that on September 19, 1995, staff had opened and reviewed five bids for furnishing, delivering and installing a compressed natural gas compressor and fuel delivery system, duly advertised 10/17/95. Staff recommended that the project be reevaluated to determine what portion of the work could be done by the City's Public Works Department and then rebid, since the lowest qualified bidder was almost $50,000 above the budgeted amount, which would he funded by a grant from the State of Florida. Councilwoman Monroe made a motion to approve the recommendation by staff. Motion was seconded by Vice Mayor Furtado. Motion carried by unanimous vote of 4 -0. HOLLY DRIVE ROAD CONSTRUCTION City Engineer Lindahl reported that only one bidder, Ranger Construction Industries, Inc., had responded to the duly advertised bid. Staff recommended that the bid of $629,642.65, reduced from the original bid amount by $47,000, be accepted rather than rebidding because recent experience had been that rebids were elevated, and the work was necessary. Councilwoman Monroe expressed concern regarding expending such a large amount of funds in one budget year, and suggested a two -year phasing, with priorities established for widening the bridge and reduction to one lane each way. City Engineer Lindahl explained how those improvements needed to be made in conjunction with the other proposed items. Discussion ensued regarding the drainage on Holly CITY COUNCIL REGULAR MEETING, 11/2/95 MOSQUITO CONTROL ITF.MS BY MAYOR PAGE 5 Drive. Vice Mayor Furtado pointed out that the drainage was not just being improved because of roadway changes, but because it was imperative as part of the overall improvement of the City's drainage system. City Engineer Lindahl agreed, and explained that this was one of the portions of the City's drainage system which had reached the end of its service life, and that portions were collapsed. City Manager Herakovich recommended that this project be moved forward and that MacArthur Boulevard improvements be delayed to the following year, and that $120,000 be taken from gas tax funds allocated for drainage for Golfers Circle, and $43,000 from the Council Contingency Fund. After further discussion, it was the consensus of the City Council that the money for this project be taken from gas tax funds and that other funds be identified for drainage improvements on Golfers Circle. Motion was made by Vice Mayor Furtado to approve staff recommendation to award the bid for Holly Drive improvements to Ranger Construction Inc., in the amount of $629,642.65, with funds to be taken from gas tax funds. Motion was seconded by Councilwoman Monroe. Motion carried by unanimous vote of 4 -0. Public Works Director Bob Patty reported on the mosquito control spraying program. The City Manager reported that request for funds would be submitted to FEMA for road replacement, resurfacing, and possibly drainage. AND COUNCIL: VICE MAYOR FURTADO Vice Mayor Furtado requested that City Board members be given complaint and CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 6 comment forms for submittal to the City Council to establish continuity so that all suggestions would receive attention. After ensuing discussion, Mayor Russo requested that the Vice Mayor consult with the City Manager to work out the best system. Vice Mayor Furtado requested the following items be scheduled on upcoming agendas: discussion of the recent newspaper article regarding election of sheriff and discussion of the follow —up report regarding recreation funds. MAYOR RUSSO Mayor Russo reported that he had attended the North County Economic Development Advisory Group meeting, where it had been the consensus to hold a joint meeting in February with Council members from all North County cities to discuss tax abatement incentives. Mayor Russo explained that Finance Director Kent Olson had made an excellent presentation at the meeting, and also reported that Director Olson had received an award for financial reporting from the Government Finance Officers Association of United States and Canada, for which a presentation would be scheduled at an upcoming meeting. CONSENT AGENDA Mayor Russo requested that Resolution 120 be pulled from the Consent Agenda. Councilwoman Monroe made a motion to approve the Consent Agenda as amended by pulling Resolution 120. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 4 -0. The following items were approved on the Consent Agenda: CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 7 1. Approval of City Council Regular Meeting Minutes of 10/19/95. 2. Authorizing the City Manager to enter into Beautiful Palm Beaches PUBLIC 14E.ARINCTS; ORDINANCE 11, 1995 ORDINANCES: ORDINANCE 15, 1995 Grant Agreements. Mayor Russo declared the Public Hearing open, which was duly advertised 10/18/95 and readvertised 10/23/95 for consideration of Second Reading and Adoption of Ordinance 11, 1995 - Approval of a Site Plan for "The Ale House" f /k /a the Bridge Center" , and explained that a letter from the petitioner had requested that the Public Hearing be rescheduled for December 7, 1995. There being no comments from the public, motion was made by Councilman .lablin to recess the Public Hearing to December 7, 1995. Motion was seconded by Councilwoman Monroe and carried by unanimous vote of 4 -0. City Planner Marty Minor reviewed the DCA's ORC Report for Ordinance 15, 1995 - 1995 -2 Comprehensive Plan Amendment. Mr. Minor explained that additional traffic impact data had been requested on the Sports and Recreation, Inc., land use amendment, and that the appropriateness of the land use amendment had been questioned by Palm Beach County. In regard to the density bonus for ACLFs text amendment, Mr. Minor proposed that DCA's objection to the provision which would allow up to 15 units per acre in the Residential High future land use designation within Coastal High Hazard Areas be addressed by adding the following language to the text amendment to allow CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 8 Adult Congregate Living Facilities (ACLFs) located within the Residential High future land use designation to have up to 15 units per gross acre in density when approved in conjunction with a Planned Unit Development or a site plan in a Planned Community District: "except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones ". Councilwoman Monroe expressed concern regarding increased density and conditioning traffic to a land use amendment. City Attorney Baird stated that he did not believe conditioning a land use amendment was appropriate. Vice Mayor Furtado complimented Mr. Sparks on the management of Prosperity Oaks. Attorney Raymond Royce, representing Sports and Recreation, Inc., recalled that the City had requested traffic impacts at buildout from the County, which had not been done, and no studies had been done by the City regarding lowering density as discussed at a July, 1995 City Council meeting. Attorney Royce stated that the County had commented that they questioned the appropriateness of the City approving a higher intensity on Northlake after the City had requested the County to postpone the matter. Mr. Royce commented that as a matter of land use planning it would make better sense to have commercial land use between Costco and K -Mart on Northlake than to have industrial in that location; and that a concurrency problem was evident. Mr. Royce urged that the proper land use category be established, and that the accompanying documentation should state that concurrency must be met, and that traffic studies could then be done. CITY COUNCIL REGULAR MEETING, 11 /2/95 PAGE 9 Mr. Royce expressed his opinion that establishment of the proper land use category might be the catalyst for solving the concurrency problem. During ensuing discussion, Joe Pollock commented that extension of Congress Avenue could alleviate the Northlake Boulevard traffic, and advised that peak hour information showed almost no difference between the present and proposed land use. Mayor Russo conunented that on December 7 a Public Hearing would be held on this matter. Attorney Royce expressed frustration that nothing had happened regarding the City's request to the County for traffic impacts at buildout, and staff was directed to research this matter. ORDINANCE 29, 1995 It was the consensus of the City Council to delay consideration of Ordinance 29, 1995 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations (Effective Period of Development Orders) until all five members of the City Council were present. RESOLI MONS RESOLUTION 120, 1995 After discussion, it was the consensus of the City Council that Resolution 120, 1995 - Supporting proposed Convention Center site in West Palm Beach be placed on the Consent Agenda for the next meeting, with a revision to the effect that the City of Palm Beach Gardens continued to support the Riviera Beach site; however, if, in fact, that site was not a finalist in the selection process, that the City would then support the West Palm Beach site as a second choice. RESOLUTION 122, 1995 Principal Planner Bristol Ellington reviewed the staff report dated October 26, CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 10 1995 regarding Resolution 122, 1995 - Consideration of approval for Ballenlsles Parcel 29 (Banyan Isles) Entry & Landscaping. Nadar Salour, agent for the Petitioner, expressed support for the pavers. Vice Mayor Furtado made a motion to approve Resolution 122, 1995 with language as stated by the City Attorney: The sidewalks shall be constructed of concrete or paver material with a top wearing surface to be level and true and plumb from one unit to the next, and set in a proper setting bed. Councilman Jablin seconded the motion. Councilwoman Monroe requested that staff review the paver block issue from time to time. Motion carried by unanimous vote of 4 -0. RESOLUTION 123, 1995 Mayor Russo declared a conflict of interest and explained that he would not vote on Resolution 123, 1995 - Consideration of approval for amendment to Ballenlsles Parcel 13B re: setbacks, since a client of his was developing a major portion of that parcel, and passed the gavel to Vice Mayor Furtado. Principal Planner Bristol Ellington reviewed the staff report dated October 26, 1995 and the comments made by the City Engineer. After discussion, Councilwoman Monroe made a motion to approve Resolution 123, 1995. Motion was seconded by Councilman Jablin and unanimously carried by a vote of 4 -0. RESOLUTION 124, 1995 Principal Planner Bristol Ellington reported receipt of a letter from the Petitioner requesting postponement of Resolution 124, 1995 - Consideration of approval for amendment to the Sanctuary PUD re: berm, and explained that CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 11 the Petitioner was in the process of complying to correct code enforcement violations for destruction of protected vegetation. Petitioner requested postponement of the portion of their request to amend the PUD to allow a required Seacoast Utility easement within a preserve area. Vice Mayor Furtado expressed concern that checks and balances had not functioning properly, and was advised by the City Manager that in the future the Code Enforcement process would not stop because the applicant had requested a site plan amendment. Councilwoman Monroe expressed disapproval of how this matter had been handled by staff, and her opinion that the developer must replace vegetation to a level that was better than it had been before plants were removed. Mayor Russo expressed displeasure with the developer, Pulte Homes Corporation, citing their disrespect for the City and for its residents in development of both this project and the Hunt Club. Councilman Jablin also expressed displeasure. City Attorney Baird advised that the City could stop development on the site until as such time as the activity causing the problem on the site was corrected. Councilwoman Monroe made a motion that staff be directed to not issue any C.O.s or building permits for the next two weeks and that the property owner be directed to provide to the City Council in two weeks a time line plan to restore and improve the preserve area beyond its original condition, and at that time the City Council would decide how much longer the two week time period should be extended, if any. Discussion ensued regarding CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 12 the two —week time period. Councilwoman Monroe withdrew the motion. The City Attorney advised that the Code provided the Building Official with the power to stop work, until such time as the City Council decided to release the stop work order, and suggested that staff could evaluate the situation with the developer and present a plan to the City Council showing how restoration would occur. The consensus of the City Council was to direct staff to stop work. Vice Mayor Furtado expressed concern that this matter had not been presented for City Council consideration earlier. Dominick Lioce, Attorney for the Petitioner, explained that a partial restoration plan had been submitted to staff, that the work had commenced that day, that a full plan would be submitted within the next week, and that restoration was expected to be completed within 30 days. Attorney Lioce stated that the Petitioner would comply with the letter of the staff report and Consultant Schenelle's report, and with whatever they were asked to do, and requested that work not be stopped. Steve Mathison, Attorney for Frenchman's Creek Property Owners Association, reported anger and concern by the residents, expressed support of the City Council's actions, and urged that the developer's actions be reported to the proper county, state, and federal agencies. Attorney Mathison stated for the record that the letter which contained the agreement to remove the berm had not been received until approximately 10 A.M. that morning, and had been requested for quite some time. Attorney Mathison stated that Frenchman's Creek would monitor the CITY COUNCIL REGULAR MEETING, 11/2/95 ITEMS FOR COUNCTL PAGE 13 actions of the developer, and would take all legal action needed to be absolutely certain that the master plan was adhered to and that the security and drainage was protected. Staff was directed to notify the proper agencies of the developer's actions. ACTION: BUILDING DEPT VEHICLE City Manager Herakovich recommended that a 4 -wheel drive vehicle needed by the Building Department be purchased from Ed Morse Chevrolet for $22,347.85, and advised that sufficient funds were budgeted. Councilwoman Monroe made a motion to accept staffs recommendation. Motion was seconded by Vice Mayor Furtado and carried by unanimous 4 -0 vote. MUNICIPAL COMPLEX PROPOSED SITE Vice Mayor Furtado made a motion to reaffirm the consensus of the City Council at their last workshop meeting that the City complex should remain on the existing site. Councilman Jablin seconded the motion which carried by unanimous vote of 4 -0. ITEMS FOR DISCUSSION: BOSTON MARKET PHASE I REVISIONS Principal Planner Ellington explained the Petitioner's request to build the Boston Market in two phases, in which the first phase would be construction of a 3,000 S.F. store rather than the 5,305 S.F. store originally approved. Timothy Messler, agent for the Petitioner discussed the request. It was the consensus of the City Council that the construction not be phased and that the Petitioner must CITY COUNCIL REGULAR MEETING, 11/2/95 QUALIFICATIONS FOR PLANNING AND ZONING COMMISSION MEMBERS return with a modified plan for approval. PAGE 14 Mayor Russo explained that the terms of all of the Planning and Zoning Commission members were expiring, and that direction was needed for qualifications. During ensuing discussion, suggestions were made to consult with the current and past Planning and Zoning Commission Chairmen, to examine the qualifications for those board members up for reappointment, to have representation by some residents who did not have technical backgrounds, to stagger terms, to have attendance requirements, and to consider a Commission which included a Chairman, Chairman Pro Tem, and Past Chairman to provide continuity. Cerise Colbert, Banyan Street, reminded the City Council that they were elected officials and therefore were not required to have certain background qualifications, and asked them to consider that when considering technical background requirements for all board members. CITY MANAGF,R REPORT: The City Manager reported that Pete Bergel had been installed as incoming President for the State of Florida Fire Marshall's Association, which was quite an honor. City Manager Herakovich reported that the City had unexpectedly hosted the 12 and under German National Soccer Champs when their Jupiter location became unavailable. An update of the 2015 Transportation Plan was provided by the City Manager. After ensuing discussion Vice Mayor Furtado commented she would request further input regarding placement of stations CITY COUNCIL REGULAR MEETING, 11/2/95 PAGE 15 within the City, and would suggest that the widening of I -95 through the City be made a priority. Mayor Russo recommended that the Planning Forum report be scheduled for a City Council Workshop. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman JabIin, and unanimously approved to adjourn the meeting at 1035 P.M. APPROVAL - MAYOR JOE RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE a1C NC IL COUNCILMAN DAVID CLARK ATT EST: ` U CINDY HARVEY, DEPUTY CITY CLERK All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to City Clerk prior to the meeting being called to order. CITY COUNCIL CITY OF PALM BEACH GARDENS NOVEMBER 2, 1995 7:30 P.M. I. PLEDGE OF ALLEGIANCE TO THE FLAG: II. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablin, Councilman Clark III. ANNOUNCEMENTS: Monday, 11/6/95, 7:30 P.M., Code Enforcement Board Meeting Tuesday, 11/7/95, 7:30 P.M., Merit Board Meeting Tuesday, 11/7/95, 7:30 P.M., Recreation Advisory Board Meeting Wednesday, 11/8/95, 7:30 P.M., Education Advisory Board Meeting Thursday, 11/9/95, 4:00 P.M., EAR - Capital Improvements Meeting FRIDAY, 11/10/95, ADMINISTRATIVE OFFICES ARE CLOSED FOR VETERANS DAY. IV. PRESENTATIONS: 1. Presentation to Dick Cameron of Parks & Recreation Department for 20 years of service to the City. 2. Presentation to Christy Murphy of Parks & Recreation Department for 15 years of service to the City. 3. Presentation to Daniel Weaver of the Fire Department for 10 years of service to the City. 4. Presentation by the Police Department to Sabatello Companies for assistance offer to an officer. 5. Presentation by Bob Patty, Public Works Director, re: canal ownership /maintenance. V. AWARDING OF BIDS: 1. Furnishing, delivering, and installing a compressed natural gas compressor and fuel delivery system, as adv. 9/19/95 and opened and read 10/19/95. 2. Awarding bid for Holly Drive road construction. VI. ITEMS BY MAYOR AND CITY COUNCIL: VII. COMMENTS FROM THE PUBLIC: (Please Submit Request Card to Clerk prior to this item) VIII. CONSENT AGENDA: 1. Approval of 10/19/95 City Council Regular Meeting Minutes 2. Authorizing the City Manager to enter into Beautiful Palm Beaches Grant Agreements. 3. Resolution 120, 1995 - Supporting proposed Convention center site in West Palm Beach. IX. PUBLIC HEARINGS: Ordinance 11, 1995 - Approval of a Site Plan for "The Ale House ", f /k /a the "Bridge Center ". (Workshop /Public Hearing, adv. 10/18/95 AND readvertised 10/23/95; Consideration of Second Reading and Adoption) PAGE 1 OF 2 CITY COUNCIL REGULAR MEETING, 11/2/95 X. ORDINANCES: (For Workshop) ordinance 15, 1995 - 95 -2 Comp Plan Amendment (DCA's ORC Report) Ordinance 29, 1995 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations. (Effective Period of Development Orders) XI. RESOLUTIONS: (For Consideration of Formal Action) eso u ion 122, 1995 - Consideration of approval for Ballenlsles Parcel 29 (Banyan Isles) Entry & Landscaping. Resolution 123, 1995 - Consideration of approval for amendment to Ballenlsles Parcel 13B re: setbacks. Resolution 124, 1995 - Consideration of approval for amendment to the Sanctuary PUD re: berm. XII. ITEMS FOR COUNCIL ACTION: 1. Authorization to purchase vehicle for Building Department. 2. Municipal Complex Proposed Site XIII. ITEMS FOR DISCUSSION: 1. Boston Market P ase I Revisions 2. Discussion re: qualifications for Planning & Zoning Commission members. XIII. CITY MANAGER REPORT XIV. CITY ATTORNEY REPORT XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and §286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this proceeding should contact James Waldron, Jr. no later than 5 days prior to the proceeding at telephone (407)775-8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800)955 -8771 (TDD) or (800)955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PAGE 2 OF 2 i I FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 PASI NAMI IIRSI NNMI %II HNI %AMU ,J0SLPt� N AM. OU WARD. C( ''(( �I1, COMMISSION. AUIHORIIY.ORC'OMM111EE d e- I vSJv Im. \ookl SS nn' �!' / ^ n / I(� J �LT r I Ht HOARD, CO(1NCIL. COMMISSION. AM HORIII OR COMMITTEE ON WHICH I SERVE IS A 11N11 OF e' CnY O COUNTY O 01 HER LOCAL AGENCY CI IN Cot IN IN NAME OFF POLITICAL SU IVISION: 'M /} D�f DATE OK M'HICH VOIF (WCPRRFD I_ _�� G MY POSE ION IS: ELECTIVE O APPOINTIVE WHO MUST FILE FORM 811 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 reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count,, 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) b- whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE COTE BEING TAKEN b\ publicly stating to the assembl} 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 :ounty, 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 MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE :MEETING AT WHICH THE VOTE WILL BE TAKEN: r 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. ( F L(IRU M • " o•r'.F i Y IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EtCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure eforc participating. • You should complete the form and file it within 15 days after the vote occuks with the person responsible for recording the minut of the meeting, who should incorporate the form in the minutes. I DISCLOSURE OF LOCAL OFFICER'S INTEREST I , JOSEA h - V,S S D , hereby disclose that on r�l 0 ✓e�en 19 (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 �� �� �' `' C � i '� `> , by whom I am retained. (b) The measure before my agency and the nature of my interest in the �neasure is as follows: Y t `- C- 'z i r- t. /I- z Date Filed 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 FRO.NI OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 48.1-91 PAGE 2