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HomeMy Public PortalAbout04-28-98 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 28, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 00 p m Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Vice Mayor Mortimer Fried and Mayor John Festa Councilmember Betty Sime was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 PLEDGE OF ALLEGIANCE Mayor Festa led the pledge of allegiance 3 APPROVAL OF MINUTES The minutes of the Special Council Meeting of April 9, 1998, the minutes of the Regular Council Meeting of April 14, 1998 and the minutes of April 16, 1998 (continuation meeting of April 14, 1998) were approved by unanimous consent 4 AGENDA Councilmember Han requested the addition of a discussion regarding the Town of Celebration as Item 10A4, Mayor Festa requested the addition of a discussion regarding 9J5 under the Attorney's report, the Attorney requested to move Item B4 under Resolutions as Item 9F There were no objections to the agenda changes 5 CONSENT AGENDA There were no consent items considered by Council 6 SPECIAL PRESENTATIONS The Mayor presented a Certificate of Appreciation, celebrating National Volunteer Month, to the following volunteers Sally Brody, Nancy Gamwell, Karen Holmquist, Susie Hoyo, Barbara Hunsaker, Kathy Irl, Dr Robert Maggs, William Pickell, Samantha Sager and Dr Steve Simon 7 BUILDING, PLANNING AND ZONING All witness giving testimony in the following 1 of April 28 1998 zoning hearings were sworn in by the Clerk Hearing Number 98 -0331 -VC -01 (Re -scheduled from the Hearing on March 31, 998) Dover Financial, S A , 140 Cape Florida Dnve, the applicants, pursuant to Section 30-63 (C 2) of the Key Biscayne Code, are applying for a non-use variance of a maximum of five foot distance requirement to allow the proposed boat dock and lift to extend twenty feet (20') into the Pines Canal from the subject property Director of Building, Zoning and Planning addressed the Council recommending approval of this application The Mayor opened the public hearing Don Giacomo, Bunnell Foundation, representing the applicant addressed the Council The Mayor closed the public hearing Vice Mayor Fried made a motion to approve the application The motion was seconded by Councilmember Padovan and approved by a 4-2 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Broucek and Han voting No Heanng Number 98 -0428 -VC -01 Key Biscayne Yacht Club, Inc , 180 Harbor Drive, the applicants, pursuant to Section 30-80(E) and (F) of the Key Biscayne Ordinance No 97-22, are applying for a site plan approval for the Yacht Club including a parking lot, club house dockage and a landscape plan to be located on the adjoining triangle shaped vacant lot across the Hacienda Canal from the main subject property Director Little, addressed the Council recommending approval of the application, subject to the following conditions the turning radius into the 90 degree parking spaces adjacent to the right-of- way, at the east entrance is unworkable, however, the turning radius is not an issue if parking spaces are meant to accommodate dry storage boat trailers, recommend substitution of Royal Poinciana trees by 12'-14' Gumbo Limbo to be used in parking lot adjacent to the seawall, drainage details of the parking area with DERM approval have to be incorporated into the plan, clear and correct A D A compliance as to spaces and ramps, driveway approaches need to be the same elevation as the swale so not to impede the flow of water to the outfall inlet, landscaping to the recommendation of the Village Landscape Architect, no planting on the right-of-way or along driveway approaches, parking spaces nos 9, 10, 15, 16, 25 and 26 do not work, pavement of the parking area is excessive, that the areas designated for the parking spaces nos 9, 10, 15, 16, 25 and 26 should be changed to be grass area, the maximum depth of a parking space should be 45 feet, parking spaces for the physically -handicapped and/or disabled must be provided as required by the South Flonda Building Code, site grades are not shown to reflect draining need of the subject property, the applicant to provide a detailed drainage plan to the Village Public Works Department, irrigation should be 2 of April 28 1998 provided on the site, chain link fence should be removed and replaced with wrought iron, aluminum or CBS wall, 12 inch curb should be provided at the edge of the pavement to contain oil, etc , the driveway width be limited to 15 feet, the proposed entrance gate be recessed 22 feet from the property line abutting the Harbor Drive, the exit gate should be placed inside the subject property, the radius be limited to 10 feet at the curb cut, the proposed landscape plan be complied with the comments from the Village Public Works Department and the Village Landscape Architect consultant as well as all the applicable Dade County Landscape Ordinance and Manual requirements, 15 -foot landscape buffer area should be provided between the side property line and the abutting neighboring property at 200 Harbor Dnve, a minimum of 5 -foot landscape buffer area be provided between the property line abutting the street and Harbor Drive, 4 -foot -high planting hedge should be provided within the landscape buffer area between the property line abutting the street and Harbor Drive, 6 -foot -high planting hedge should be provided within the landscape buffer area between the side property line and the neighboring property at 200 Harbor Drive, boat float should not be allowed on this triangle -shaped property, overnight parking is not allowed under any circumstances, lighting is only allowed at grade to assist walkers, submitted plans comply with Dade County Zoning Code, Dade County Public Works Manual or any other applicable code requirement The Attorney addressed the Council regarding the fact that some Councilmembers are members of the Yacht Club Councilmembers Broucek, Han and Vice Mayor Fried disclosed that they will abstain from voting due to conflict of interest The Mayor opened the public hearing Jim Taintor, 355 Harbor Drive, representing the applicant, Cliff Brody, 180 Harbor Drive, Tim Stickney, 285 Woodcrest Road, Haydee Archibald, 881 Ocean Drive, Federico Padovan, 425 Grapetree Drive, Barclay Cale, 225 Harbor Drive speaking for himself and also representing Mr E A Walther, 200 Harbor Drive addressed the Council The Mayor closed the public hearing Councilmember O'Reilly made a motion to approve the application as presented by the applicant subject to Mr Walther's conditions which are as follows no work to be performed on the property, no tents on property, no ball playing or recreation, fishing to be prohibited and no float should be allowed The motion was seconded by Councilmember Padovan Mayor Festa made an amending motion to continue the public hearing to the meeting of May 26, 1998 The motion died for lack of a second Mayor Festa made an amending motion to require the removal of the chain link fence and replaced with a wrought iron fence, if it is destroyed The motion was seconded by Councilmember Padovan and approved by a 3-0 voice vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes 3 of April 28 1998 Mayor Festa made an amending motion to approve staff's recommendation regarding the landscape buffer area abutting the neighboring property at 200 Harbor Drive The motion died for lack of a second Mayor Festa made an amending motion to have a minimum 4' hedge within the landscape buffer area between the property line abutting the street and Harbor Drive The motion was seconded by Councilmember Padovan and approved by a 3-0 voice vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes Councilmember O'Reilly made an amending motion that the float should be at all time concealed from the 200 Harbor Dnve property and the 225 Harbor Drive property The motion was seconded by Mayor Festa and approved by a 3-0 voice vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes The main motion as amended was approved by a 3-0 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes Hearing Number 98 -0428 -VC -02 BellSouth Telecommunication, Inc , 89 Westwood Drive, the applicants, pursuant to Section 33-13 of the Miami -Dade County Zoning Code, are requesting an approval of an unusual use to install three unmanned cellular communications antennas on the existing guyed pole tower facility and to build a new 425 square foot pre -fabricated equipment building on the subject property Director Little read a letter from the applicant requesting deferral of this application to the next Special Council meeting of May 26, 1998 Councilmember Broucek made a motion to defer this hearing to the Council meeting of May 26, 1998 The motion was seconded by Councilmember Padovan and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly was out of the room at the time the vote was taken 8 ORDINANCES There were no ordinances considered by Council 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PURSUANT TO PETITION OF ELECTORS, PROVIDING FOR AMENDMENT OF SECTION 2 03 "ELECTION AND TERM OF OFFICE" AND SUBSECTION (F) "MAXIMUM TERMS" OF SECTION 8 07 "INITIAL ELECTION OF 4 of 9 April 28 1998 COUNCIL AND MAYOR," CONCERNING REVISION OF NUMBER OF TERMS AND MAXIMUM CONSECUTIVE YEARS OF SERVICE FOR OFFICE OF MAYOR " Councilmember Padovan made a motion to approve the resolution The motion was seconded by Mayor Festa The Attorney addressed the Council regarding this resolution and read the ballot language for the record Mayor Festa made an amending motion to hold a mail ballot election The motion was seconded by Councilmember Han and failed by a 2-4 voice vote The vote was as follows Councilmember Han and Mayor Festa voting Yes Councilmembers Broucek, O'Reilly, Padovan and Vice Mayor Fried voting No The main motion was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A FLOODPLAIN MANAGEMENT PLAN, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Fried made a motion to approve the resolution The motion was seconded by Councilmember Broucek Peter Kory, 55 Ocean Lane Drive addressed the Council Councilmember Broucek moved the previous question The motion was seconded by Vice Mayor Fried and failed by a 3-3 voice vote The vote was as follows Councilmembers Broucek, O'Reilly and Vice Mayor Fried voting Yes Councilmembers Han, Padovan and Mayor Festa voting No The Manager addressed the Council regarding this resolution The main motion was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Han made a motion that Council present a resolution thanking the Floodplain Management Task Force The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes 5 of 9 April 28 1998 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH 0 B M , MIAMI, INC , PROVIDING FOR AN EFFECTIVE DATE The Manager addressed the Council regarding this resolution Councilmember Broucek made a motion to approve the resolution The motion was seconded by Councilmember Han Councilmember Han made an amending motion that under TIME LIMITS/EXPIRATION OF CONTRACT strike $150 00 per hour and insert $75 00 per hour The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The motion as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fned and Mayor Festa voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH 0 B M , MIAMI, INC , PROVIDING FOR AN EFFECTIVE DATE The Manager addressed the Council regarding this resolution Councilmember Broucek made a motion to approve the resolution The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Raul Lastra, representing 0 B M , Miami, Inc addressed the Council The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE PROMPT COMMENCEMENT OF A PROJECT TO REPLACE THE TEMPORARY PUBLIC SAFETY ADMINISTRATION BUILDINGS 6of9 April 28 1998 Councilmember O'Reilly made a motion to approve the resolution The motion was seconded by Vice Mayor Fried Councilmember O'Reilly made an amending motion to under Section 1 stnke present -ter the -Village and add to proceed with compiling a plan, time table, specification and cost estimates and add a Section stating that the Village Manager is directed to bnng back a contract with an architect at the next Council Meeting The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The resolution as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AND ADOPTING A REVISED BUILDING, ZONING AND PLANNING FEE SCHEDULE, PROVIDING FOR NEW FEES FOR SPECIAL INSPECTIONS, AND FOR SCANNING COSTS, SUPPLEMENTS RESOLUTION 96-6 ON SAME SUBJECT MATTER, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Fried made a motion to approve the resolution The motion was seconded by Councilmember Padovan Director Little addressed the Council regarding this resolution Councilmember Han made an amending motion to include a parenthesis at the end of the first table with the following language (Square footage to be determined by Floor Area Ratio) The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fned and Mayor Festa voting Yes The resolution as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fned and Mayor Festa voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Padovan addressed the Council regarding traffic calming for Key Biscayne Elementary 7of9 April 28 1998 Conchita Suarez, 201 Crandon Boulevard, Carol Mullen O'Leary, 444 Fernwood Road addressed the Council It was the consensus of Council that the Attorney, the Planner and the Building, Zoning and Planning Director look into the State requirements for traffic calming, safety issues, sidewalks, etc around the school and come back with a report, if possible, to the next Council meeting Raul Lastra, Consultant Planner for the Village, addressed the Council It was the consensus of Council that the Manager send a letter to the Miami -Dade School Board regarding the lighting for the basketball courts at the Key Biscayne Elementary School Councilmember Broucek addressed the Council regarding parking of RVs in residential streets on the west side and in front of town houses and condominiums on the east side and boats on trailers on the swale and public areas Chief of Police, Michael J Flaherty addressed the Council regarding this issue It was the consensus of Council that staff look into these issues and report back to Council Councilmember Han made a motion to take a one day field trip to the Town of Celebration in Orlando The motion was seconded by Councilmember Broucek Councilmember Han withdrew his motion Village Attorney The Attorney addressed the Council reporting that House Bill 4031 (Seaquarium issue) had passed without the amendment The Attorney recommended faxing letters to the Senate regarding opposition to Senate Bill 1726 Mayor Festa addressed the Council regarding this bill, informing Council that Mayor Alex Penelas is supporting the prevention of such language from being in any bill The Mayor made a motion to continue this meeting for 10 more minutes The motion was seconded by Councilmember O'Reilly and failed by a 2-4 voice vote The vote was as follows Councilmember O'Reilly and Mayor Festa voting Yes Councilmembers Broucek, Han, Padovan and Vice Mayor Fried voting No Village Clerk The Clerk reported that the following proclamations had been issued by the Office of the Mayor during the month of April Israel 50 and Poppy Week in Key Biscayne The following items were provided for information Memorandum to Village Council from the Clerk regarding her attendance to the 52nd IIMC Annual Conference in Mobile, Alabama from May 17-22, 1998, a schedule of events for the '98 Family Fitness Weekend 8 of 9 April 28 1998 Village Manager The Manager did not submit a report The following information item was submitted to the Council Letter to Village Manager from Joe Garcia, Commissioner, State of Florida Public Service Commission, regarding mandatory ten -digit dialing, dated April 13, 1998 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 13 ADJOURNMENT The meeting was adjourned at 11 00 p m tfully submitted 0J(6,1° Conchita H Alvarez, Village Clerk Approved this 12th day of May ,1998 9:e)& — n F Festa ayor (a V I4 Y -.... 4 E ,. iK _. fin 1, ° \ -4 .. it ) f>f`i�r 'PLORIVN IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 9 of 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AS I NAMI I IRS I NAME MIDDI E NAM[ z.< ti 0 en-bAr) e MAII IN( A[ {)RE SS 2A ( prifia0)-( ao--n sY COl1N Y 11 5c-7 .c/&___skati-ft, *--Q will( ii VOIFwk. 11RRFD 0-1 IN1 U.c(to f MY 1 OSiT10 y IS NAME OF BOARD COUNC11 COMMISSION AU1 HORiIY 0 COMMITTEE Oe46 .5 (5Citrkite-t. C' A/C C i l tir BOAR COUN 11 COM ISSION AUTHORITY OR COMMI1TEE ON WHI9H 1 SERVE IS A UNIT OF CI i Y 0 C OUN I Y 0 01 H CR I OCAI AGENCY NAME OF POI 11ICAl SU13DIV Si N ) (sCmY Ne_ El ECTIVL 0 APPOINTIVE WHO MUST FILE FORM 8B 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 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 the reverse side and filing the form 1 i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed 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 (including the parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one -acre one vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer s father mother son daughter husband wife father-in-law mother -in law son -in law and daughter in-law A "business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from 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 Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN You must 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 must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed CF FORM 811 10 91 1 A E 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must 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 must incorporate t'ie form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST I hereby disclose that on 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain inured to the special gain of my business associate inured to the special gain of my relative inured to the special gain of by whom I am retained or inured to the special gain of which is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the naturr- my conflicting in st in the measure is as follows G NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112317 (1991) 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 I SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED $5 000 CE FORM 8B 10 91 1 PAGE 2 ASINAM 1)A1I0 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS OF BOARD COUNCIL COMMISSION AUl HORI1 Y,� OR COMMITTEE ke I I IRSI NAMI M11)DI C NAMr 111(11 VO1rOCCURRED ze.V/4 /.4e / t�l9yr 1 Hr BO RD COUNCIL COMMISSI° AUTHORITY OR COMMITTEE ON WiiIC I SERVE IS A UNIT OF CI I Y 0 (OUN I Y 0 Ol FI ER I OCAI AGENCY AME OF 1 OI I11CA1 SUBDIVISION ZA MY 1 OSITION #43hcaotrxe ECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is foi use by any person serving at the county city or other local level of government on an appointed or elected board council Lommission 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 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 the reverse side and filing the form 1 i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a pnncipal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one acre one -vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer s father mother son daughter husband wife father -in law mother-in- law son -in law and daughter -in law A "business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS in addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from 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 Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN You must 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 must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed CE FORM 811 1091 1 \c1 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must 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 must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed �/'� ciez-lell DIISCI.QSURE OF LOCAL OFFICER S INTEREST I ,V a-eyi�& `'�ie herrebeb y disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain inured to the special gain of my business associate inured to the special gain of my relative inured to the special gain of by whom 1 am retained or inured to the special gain of which is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows 19 W 41.44. li, t 4- ,A4: 4,t,..„6 . C-1,,el 22 /97 Date led / NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1991) 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 ' SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED $5 000 1 CE FORM 8B 1091 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ASI NAMI 1 IRSI NAM! MII)DI C NAME 1 -}an CA .-0P MAlI IN( ADDR1 SSec 0A -#42;-r13 hrt-le 9 DR___ CITY COLINiY X 593 4014 )1A4___ 1141P All .AW.- DA11 ON WI VOIromit( ri) 2,32 ,-, NAME OF BOARD COUNCII COMMISSION AU1 HORIi Y OR COMM EE /( ljis r Ai frit / Akt G✓ 1 Hr BOARD CO C11 COMMISSI•N AUTHORITY OR COMMITTEE ON WHICH 1 SFRV IS A UNIT OF 9,<1 I Y 0 (OUN I Y 0 O1 HER I OCAI AGENCY NAME OI I Oi I1ICAI SUBDIVISION MY I OSIrION )3is cAt Alb Q,EI ECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B 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 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 the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed 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 (including the parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity For purposes of this law a "relative includes only the officer s father mother son daughter husband wife father-in-law mother-in- law son -in law and daughter-in-law A "business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from 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 Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN • You must 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 must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed CC FORM 8B 10 91 1 \( L 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must 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 must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTERE T I G`4 7 JJ hereby disclose that on / 2_av / p GO , 19 (a) �rneasure came or will come before my agency which (check one) �/ inured to my special pnvate gain inured to the special gain of my business associate inured to the special gain of my relative inured to the special gain of by whom I am retained or inured to the special gain of which is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows Date Filed V( -2-/,0P ignature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1991) 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 T SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED $5 000 CE FORM 8B 1091 PAGE 2