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
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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
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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
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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
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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
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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
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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
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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
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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[
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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
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
OF BOARD COUNCIL COMMISSION AUl HORI1 Y,� OR COMMITTEE
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AME OF 1 OI I11CA1 SUBDIVISION
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MY 1 OSITION
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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
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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
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NAME OF BOARD COUNCII COMMISSION AU1 HORIi Y OR COMM EE
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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
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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 ,
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(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
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