HomeMy WebLinkAboutMinutes P&Z 031495CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
MARCH 14, 1995
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach
Gardens, Florida, was called to order by Chairman Carl Sabatello at 7:30 P.M. in the Assembly
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 Chairman Sabatello:
Present
Absent
Carl Sabatello, Chairman Daniel Honig
Diane Carlino, Vice Chair
John Glidden
Phillip Lyddon
William Mignogna
Thomas Pastore
Christopher Jones, Alternate
Tom Paganini, Alternate
Also present at the meeting were Mayor David Clark, Assistant City Manager Greg Dunham,
Assistant City Attorney Paul Golis, and City Manager Bobbie Herakovich.
ITEMS BY PLANNING AND ZONING DIRECTOR
There were no items from the Planning and Zoning Director.
ITEMS BY CITY COUNCIL LIAISON
There were no items from the City Council Liaison.
APPROVAL OF MINUTES:
Minutes of February 28, 1995 - Ms. Diane Carlino made a motion to approve the minutes as
submitted. The motion was seconded by Mr. Phillip Lyddon. The motion was approved by
a 7 -0 vote.
SITE PLAN & APPEARANCE REVIEW
Recommendation to City Council: Petition SP- 94 -20, by Daniel Catalfumo, agent for CTB
Ventures XVI, Inc., is requesting site plan approval for the construction of three buildings,
totalling 120,000 square feet of office space. Located on Lot 1 of West Park Center Plat within
the Northcorp Center Planned Community District. (12- 42S -42E)
Planning & Zoning Commission Minutes
March 14, 1995
Mr. William Mignogna and Mr. John Glidden did not participate in the discussion of this
petition, citing conflicts of interest. Alternates Christopher Jones and Thomas Paganini stood
in for Mr. Mignogna and Mr. Glidden.
City Planner Bristol Ellington reviewed the staff report dated March 9, 1995, highlighting the
changes to the development plan since the last presentation, and distributed the amended
conditions to the Committee members.
Chairman Sabatello questioned whether the 36" maximum sign height in Condition 18 was the
building identification sign or any sign. Mr. Ellington explained that the condition needed to
be clarified since petitioner was required to come back for review of identification signs for
Building "A" and "B ". Mr. Ellington stated that the maximum sign height for the identification
sign for Building "C" was 24 ". Mr. Ellington also stated that two new conditions would be
added. The first, condition 23, would require petitioner to provide a lighting plan consistent
with the revised site plan prior to issuance of the building permit; and the second, condition 24,
would note that all applicable impact fees, including the City's Art in Public Places fee, shall
be paid prior to the issuance of the first building permit. Chairman Sabatello clarified that the
language "approved by the City" used throughout the conditions posed no problem for staff if
an item had to come back before the Planning and Zoning Commission and then go to City
Council.
• Mr. Jeff Lis, agent for the petitioner, expressed appreciation and thanks for the City's assistance
to accommodate their tenant, Wackenhut. Mr. Lis stated that the conditions as redrafted were
fine with the petitioner, however, he wished to clarify conditions 17 and 18. Mr. Lis stated that
the sign package for Building "C" included both tenant and identification signs, whereas on
Building "A ", the Wackenhut building, and on Building "B ", the Catalfumo building, only
building identification signs were requested. In addition, Wackenhut had requested a tenant
identification sign over their front canopy entrance.
Mr. Jeff Lis stated the petitioner would agree to provide two handicap parking spaces in the
garage area if it was understood they would be for automobiles rather than tall vans. Mr. Lis
explained that the size requirements for the handicap spaces might reduce the total number of
parking spaces, however, the number would still exceed the number of required spaces.
Chairman Sabatello commented all parking spaces will be defined on the site plans before
submittal to City Council.
Chairman Sabatello clarified that on Building "A" the petitioner was requesting a maximum
building identification sign height of 36" and a maximum tenant identification sign height of 24"
which would be proportionate because of the banding; and that the petitioner and his tenant
had no problem with the restriction of the distance between the signs. Mr. Lis stated that
petitioner would agree to a condition that signage would not be on the cooling tower, i.e., not
on the screening element on the roof.
Chairman Sabatello clarified the location of the Building "B" building identification signs on the
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0 Planning & Zoning Commission Minutes
March 14, 1995
building. Chairman Sabatello stated that the signage for Building "C" would be according to
a formula. Mr. Lis verified the sign locations on that building, and explained that Building
Official Hanson had no problems when he had reviewed the signage for Building "C ". Mr.
Ellington stated that condition 18 should include all three buildings, "A', "B ", and "C" so that
all would be required to return for approval of the signage. Mr. Lis explained that signage for
"A" and "B" would need to be compatible and therefore should return for approval, however
that Building "C" did not need to come back. Vice Chair Carlino suggested that the condition
state that petitioner must return for approval from Planning and Zoning and City Council for
Building "A" and "B ", and that Building "C" must be per code, to which Mr. Lis agreed. Mr.
Jones verified that there would not be a tenant sign over the entrance to Building "B ".
Chairman Sabatello commented that he did not understand the reason for the 36" height to
which Mr. Lis responded their tenant had requested the largest allowable size under the City's
code, so to be consistent throughout the project the 36" height had been requested for both "A"
and "B" building identification signs. Discussion ensued regarding the sign heights and how they
would look aesthetically on the buildings.
Chairman Sabatello verified that there were no changes to conditions 1 through 16. In
connection with condition 17, the Committee's opinion in response to Chairman Sabatello was
that signage for any project should come through Planning and Zoning first and then go to City
Council so that one petitioner would not be treated differently than another. Other changes
• mentioned by Chairman Sabatello included that in condition 18 language would clarify the
maximum height of building identification signs, in condition 18 buildings "A" and "B" would
be returning for approval and "C" would be according to code with style and color the same as
buildings "A" and "B'; in condition 17 a reference was needed that the cooling tower would be
used for screening purposes only and not for signage and that the signage would be no higher
than the top of the fifth floor; condition 22 would contain clarification that handicap parking
in the covered area would accommodate the height of a standard automobile; addition of item
23 stating that the lighting plan must be approved prior to certificate of occupancy; addition of
item 24 stating that all impact fees, including the City's Art in Public Places impact fee, shall
be paid prior to issuance of the first building permit.
Mr. Lis requested clarification regarding item 4 and item 24 that prior to the issuance of a
building permit the Building Department did allow certain work to be done prior to any vertical
construction, such as clearing and foundation work. Mr. Ellington stated that was worked out
with the Building Department and that it was within the Building Official's authority to allow
certain work to be done without the impact fee requirement. Ms. Lis stated that now that it
was on the record he was comfortable and did not need actual language inserted into condition
4 and condition 24. City Manager Herakovich explained that the City's concern was only with
unplatted land.
Mr. Pastore pointed out that the site plan was not consistent with condition 21 which required
a buffer along the entire western property line, to which Mr. Lis responded that the petitioner
agreed to the buffer extending the full length of the western perimeter.
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Planning & Zoning Commission Minutes
March 14, 1995
Motion:
Vice Chair Diane Carlino made a motion to recommend approval of the above mentioned
petition to the City Council with the following conditions:
The proposed project shall be designed to meet all SFWMD on -site water quality
criteria. The required one -half inch of on -site dry pretreatment shall be accomplished
with exfiltration trench. All PCD drainage infrastructure, required to support the outfall
of this project, shall be constructed by the developer of the PCD per SFWMD approved
plans concurrent with the proposed development of West Park Center Lot 1.
Certificates of Occupancy shall be withheld until the required PCD drainage
infrastructure is completed and accepted for operation by SFWMD.
2. The petitioner shall design its on -site drainage system to provide sufficient capacity for
on -site drainage development of West Park Center Lot 1 and to accept positive outfall
drainage from RCA Boulevard Center Lots 1 and 2 for eventual outfall into the drainage
basin located to the south of West Park Center Lot 1 which is part of the Master
Drainage Plan for the PCD.
3. If required by SFWMD, littoral plantings within the water management lake tract of the
. West Park Center Plat shall be installed by the PCD developer prior to the issuance of
the Certificate of Occupancy for the first building to be constructed on West Park Center
Lot 1.
4. Prior to the issuance of a building permit for any land alteration in West Park Center
Lot 1, the construction contract shall have been let for the addition of one (1)
eastbound, left -turn lane to provide dual left -turn lanes at the intersection of RCA
Boulevard and Alternate AlA, and said improvements shall be completed and open
to the public prior to the issuance of any Certificate of Occupancy.
5. The applicant shall honor his commitment, stated in the letter dated July 30, 1992 from
the FDER, to promptly replace any wells destroyed during construction on West Park
Center Lot 1 in order to monitor compliance with the FDER Consent Order concerning
fluorides in the ground water.
6. Prior to the issuance of a building permit for any land alteration in West park Center
Lot 1, the developer shall pay all applicable impact fees, including Palm Beach
County's traffic impact fees in the amount of 1,176 daily trips x $55.00 = $64,680.00. No
credit shall be given toward this amount for the required construction of the addition of
one (1) eastbound left -turn lane to provide dual left -turn lanes at the intersection of
RCA Boulevard and Alternate A1A.
7. Areas that have been allowed to have vegetation or ground cover removed pursuant to
the approved site plan, and subsequently abandoned for any reason for more than three
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Planning & Zoning Commission Minutes
March 14, 1995
months, shall be seeded with a ground cover or grass immediately upon request by the
City or the City shall have the work done at the owner's expense.
8. Prior to clearing or construction, trees designated for preservation shall be tagged or
roped -off. Prior to land clearing, the developer shall erect and maintain protective
barriers around the drip line of the trees to be protected. All work shall be inspected
and approved by the Landscape Architect of Record and the City Forester prior to the
issuance of any Building Department permit requiring land clearing. Section 153.20 shall
also be enforced during construction.
9. All tree protection and landscape work shall be performed using current professional
landscaping standards. The Landscape Architect of Record shall monitor all tree
protection efforts, all landscaping work, and any work that affects the outcome of the
approved landscape plans. The Landscape Architect of Record shall notify the City
prior to any modifications to the approved landscape plan.
10. All trees designed for preservation that die during construction or because of
construction practices shall replaced using the following schedule: For every inch of tree
caliper lost, three inches of new tree caliper shall be replaced with like specie. The
minimum replacement tree shall be three inches in diameter. If the site can not support
• the total number of replacement trees as required above, City Council may permit the
developer to donate excess trees to the City for planting on public lands.
11. Prior to the issuance of each of the three Certificates of Occupancy, the Landscape
Architect of Record shall certify in writing to the City that the landscaping has been
completed per the approved landscape plans. Any major changes to the approved
landscape plans shall be approved by the City Council. Once the City has the certified
letter from the Landscape Architect, the City Forester shall inspect the site for
compliance. Once compliance has been confirmed by the City Forester, the City
Building Department shall be notified.
12. All applicable off -site landscape improvements, and sidewalks required by Resolution
65, 1992, otherwise known as the NorthCorp Streetscape /Buffer Plan shall be installed
prior to the first Certificate of Occupancy of the three buildings proposed. The
landscape Architect of Record shall inspect and certify that all required landscaping is
in compliance with the approved landscape plan(s). The City Forester shall approve
(sign -off) these areas as they are completed.
13. The petitioner shall post a bond or an acceptable surety for the installation of the on -site
infrastructure including the common and project landscaping /buffer and entry feature.
14. The petitioner shall be required to return to the City for the approval of any uses other
than the 120,000 square feet of office space as referenced on petitioner's site plan.
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• Planning & Zoning Commission Minutes
March 14, 1995
15. All roof - mounted equipment shall be screened line of sight, from the ground using
materials compatible with the buildings. Items on the roof shall not exceed 15 feet in
height from the roof line. Ground equipment shall be screened to be compatible with
the building as to color and texture and shall be screened with like landscaping required
around the dumpster and lift station enclosures as depicted on the petitioner's site plan.
16. Prior to the issuance of the first Certificate of Occupancy, the petitioner shall
demonstrate adequate lighting for underneath the parking structures for the review and
approval by the Police Department and staff. If additional lighting is required, the
lighting shall be ground based and unscreened overhead lighting is not acceptable.
17. Any additional signs which are not represented in the approved sign package shall not
be allowed without approval by the City Council, except for Building "A ". Building "A"
shall have no more than two wall- mounted building identification signs, with name and
logo, no higher than the fifth floor -line, on the west side of building. One of the building
identification sign shall orient toward southbound Interstate 95 and one building
identification sign shall orient toward northbound Interstate 95. No signs shall be
allowed on the screen wall of the cooling tower. In addition, one tenant identification
sign shall be allowed over the canopy at the front entrance on the east side of the
Building "A'.
• 18. Prior to the issuance of the Certificate of Occupancy for Building "A ", "B" and "C" a sign
package identifying color and type of letterings and logos for the building identification
signs (as defined in Chapter 155 of the City's Sign Code) shall be submitted for review
and approval by the City. The letter styles for the building identification signs shall be
36" maximum height Helvetica Lettering, with upper and lower case lettering permitted.
19. All tenant signs (as defined in Chapter 155 of the City's Sign Code) shall consist of
Translucent Blue Internally Lighted Channel Lettering with the following specifications:
♦ 0.187 Acrylic (Plexiglas) #2057 (or equivalent) Translucent Blue Faces
♦ 0.40 Baked Aluminum Letter with 0.40 Aluminum letter backing
♦ Letter walls to be Centari (or equal) Automotive Finish to match Benjamin
Moore GN6 paint color on building walls
♦ Letter interiors to be painted white
♦ Blue Jewelite Trim for Retaining Acrylic Faces to match letter face
♦ 15 mm. 30 MA Clear Blue Neon Tubing (for illumination)
♦ All wiring and ballasts to be hidden from view with transformers behind facade
wall where possible, with covered enclosure painted the same color as the
building wall if exposed to view. In cases due to building construction
where letters must be placed on a raceway, the raceway must be kept as small as
possible and be located at the bottom of all lettering.
♦ All tenant signs shall be 24" maximum height Helvetica Lettering, with upper and
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9 Planning & Zoning Commission Minutes
March 14, 1995
lower case lettering permitted.
♦ All signs, along with any logos, shall comply with the overall square footage
requirement pursuant to the City's Sign Code.
20. The ground signs shall not exceed a maximum height of 10 feet from on -site grade as
depicted in the approved sign package. The letters on the ground signs shall be
1/4" blue aluminum letters (to match the color of the tenant signs) mounted flush to
face on threaded studs with silicone adhesive.
21. The buffer along the entire western property line adjacent to Interstate 95 shall contain
a 12 -foot tall Live Oak tree installed every 20 feet on center, except where
existing Pine trees are existing or proposed. In addition, a 30 -inch tall Viburnum shall
be installed every 2 feet on center and 4 -foot tall Wax Myrtle installed every 5 feet on
center.
22. A minimum of two automobile handicap parking spaces shall be provided in the parking
garage.
23. A revised lighting plan shall be submitted prior to issuance of the first building permit.
0 24. All applicable impact fees, including the City's Art -In- Public Places impact fee, shall be
paid prior to the issuance of the first building permit.
The motion was seconded by Mr. Thomas Pastore and was unanimously approved by a 6 -0 vote.
Mr. William Mignogna and Mr. John Glidden did not vote on this petition since they had
stepped down, citing conflicts of interest.
The following two petitions were discussed simultaneously.
Workshop: Petition SP- 94 -22, Church in the Gardens Site Plan Amendment, by Gregory A.
Sempsrott, Pastor and agent for Church in the Gardens, for the construction of a 1512 square
foot addition to the sanctuary, and removal of 24 pine trees to allow construction of a grass
parking area, and the relocation of a paved drive aisle. Located north of Holly Drive between
Interstate 95 and Dasheen Avenue. (7- 42S -43E)
PLANNING AND ZONING COMMISSION
Workshop: Petition CU- 95 -01, by Gregory A. Sempsrott, Pastor and agent for Church in the
Gardens, for a Conditional Use for a church within the RL -3 Residential Low Density District.
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• Planning & Zoning Commission Minutes
March 14, 1995
Located north of Holly Drive between Interstate 95 and Dasheen Avenue. (7- 42S -43E)
Mr. Paganini stepped down and did not participate in the discussion of this item, leaving Mr.
Christopher Jones sitting in for Mr. Daniel Honig who was absent from the meeting.
City Planner Ellington reviewed the staff report dated March 9, 1995.
City Forester Mark Hendrickson clarified for Chairman Sabatello that hedges would be around
the existing building as well as in other areas to screen parking areas to meet code. The
variance would allow elimination of a 15 -foot landscape strip to accommodate more parking,
however, there would be room for a line of palm trees, which along with addition of an oak
tree, would meet the code requirement for trees within 40 feet of any parking stall. Mr.
Hendrickson stated that there was no code requirement that the removed pine trees be
replaced, and that the original master plan for this site by the original church, the First Church
of God, indicated the pine tree site for possible future parking, administration buildings, or
classrooms. Mr. Hendrickson clarified for Vice Chair Carlino that if a tree were removed
without a permit that it would be mitigated three for one, but that was not the case when
presented for review to this Committee unless the Committee required replacement of the trees.
Mr. Hendrickson explained that ways of protecting trees would be to add landscape islands in
the parking lot at the expense of parking spaces, or the Committee and the City Council both
• had the authority to require replacement somewhere on the site of the number of trees being
removed, but that was not a code requirement.
Mr. Pastore clarified that one public hearing would be required before Planning and Zoning
and one before the City Council. Mr. Ellington explained in response to a question from Mr.
Mignogna that parsonage #2 had been purchased by the church as a residence for one of the
pastors so that the church boundaries had expanded with that purchase, and since there was no
conditional use identifying the boundaries of the church, it had never been recognized by the
City. Therefore, with the conditional use the legal description would incorporate that parcel
so that any future expansion would require amendment of the conditional use by the City. Mr.
Ellington stated since no one was living in parsonage # 1 that it might be designated as an office
facility. Mr. Glidden requested a roof plan for the sanctuary.
Pastor Greg Sempsrott, agent for the petitioner, clarified that the church was still First Church
of God but was doing business as Church in the Gardens and that the name probably would
be changed to Church in the Gardens. Pastor Sempsrott stated the church was now maxed out
for parking space; that they were trying to stay within the original master plan, and their only
option in terms of additional parking was the present pine tree area; and that approximately
50 trees would remain. Pastor Sempsrott explained he had personally met with the neighbor
who had been concerned with removal of trees along the property line and that neighbor was
happy with their plans. City Forester Hendrickson responded to Chairman Sabatello that the
ability existed to save one or two large pines but some parking spaces would be lost, and that
he did not have a problem with the loss of those trees. Chairman Sabatello requested that a
new elevation for the ground sign identifying color, material, lettering, style, and size be
• Planning & Zoning Commission Minutes
March 14, 1995
submitted prior to the next meeting.
Mr. Van Goldsmith, engineer and architect for the project, explained that the roof plan would
stay the same on the south and north sides, and the slope would change on the west side equal
to the east side slope, and Pastor Sempsrott showed pictures of the roof. Discussion ensued
regarding the roof changes, resulting in Mr. Glidden's request that a simple roof plan be
prepared and submitted prior to the next meeting.
Chairman Sabatello stated if the building color is changed, the color would have to be
submitted for approval.
City Forester Hendrickson discussed the landscaping on the north side where some wax myrtles
were being proposed, stated that because of overhead utilities that large shade trees could not
be used, and explained where additional trees would be planted. Mr. Van Goldsmith stated one
pine tree would have to be removed near the new addition. Mr. Hendrickson responded to
Chairman Sabatello that the grassed parking area would be irrigated and would carry the
standard City condition that they must be paved if not maintained properly.
Additionally, it was agreed that Parsonage #1 should be reflected as an office, and other
discrepancies should be noted and plans revised accordingly.
• This item will return for a Public Hearing on March 28, 1995.
OLD BUSINESS
Newsrack Ordinance - Assistant City Attorney Paul Golis explained he had taken the best from
the old newsrack ordinance and the new newsrack ordinance and used them in the new
proposed ordinance he had written. Assistant City Attorney Golis then distributed copies of
a memo dated December 12, 1994, from Mr. Mignogna and Mr. Sabatello, and recommended
a public hearing be held. Chairman Sabatello asked the Commissioners to submit any
comments at the next meeting since he would like to move forward with this. Mr. Bristol
Ellington stated he would prepare an advertisement for the first meeting in April.
Mr. Lyddon questioned whether a newsrack could be on private property. Assistant City
Attorney Paul Golis read section 188.7 of the old ordinance which stated that any newsrack
located totally on private property was subject to the article and that the distributor must
receive permission from the property owner.
NEW BUSINESS
Chairman Sabatello stated he had observed too many banners and portable signs throughout
the City, especially on weekends, to which Mr. Ellington responded that Code Enforcement
D
• Planning & Zoning Commission Minutes
March 14, 1995
should be contacted. Chairman Sabatello suggested that letters be sent to the City Council
asking for more emphasis on Code Enforcement. Mr. Ellington explained that the position of
Code Enforcement Officer was vacant temporarily but that a Code Enforcement Supervisor,
Mike Maloney, had been hired and was handling calls along with a part -time code enforcement
employee, and that as soon as the department was again fully staffed that fewer violations
should be noted.
ADJOURNMENT
There being no fjqther business, the meeting was adjourned at 9:40 p.m. The next meeting will
be held Marc 28, 995.
&,-, a
Carl Sabatello, thairman Diane Carlino, Vice Chair
(Absent)
Jo idden Daniel Honig
Phillip Lyddon William Mignogna
y J �d &_
Thomas Pastore
Tom Paganini, ternate
- 0 LL
Jackie Holloman, Secretary
•
10
Christopher Jones, Alternate
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'OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MAILING ADDRESS THE BCIARtx COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON
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NAML ()1• PUI ITICAI. SUBDIVISION:
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