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HomeMy WebLinkAboutMinutes_Regular_01/14/1993VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 V I L L AG E O F T E Q II E 8 T A V I L L A G E C O II N C I L M E E T I N G M I N II T E S J A N II A R Y 1 4 , 1 9 9 3 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, January 14, 1993. The meeting was called to order at 7:00 P.M. by Mayor Earl L. Collings. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Earl L. Collings, Vice Mayor Edward C . Howell , Ron T . Mackail , Joseph N . Capretta and William E. Burckart. Village Officials present were: Village Manager Thomas G. Bradford, and Joann Manganiello, Village Clerk. Department Heads and Attorney Pam McNierney sitting in for Village Attorney John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Burckart asked to comment under ANY OTHER MATTERS regarding the north county road system. Village Manager Bradford asked to add under ANY OTHER MATTERS: 1) an error in term under Item VII (A)(1), change two year term to one year term; and 2) direction from Council relative to Vacancy in Candidacy per State Statute. Councilmember Burckart moved to approve the Agenda as amended. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for `~~'~ the motion was therefore passed an8 adopted and the Agenda was ~"'" approved as amended. Recycled Paper . village Council Meeting Minutes `'~' January 14, 1993 Page 2 ------------------------------- IV. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINIITES AND REPORTS *A) Board of Adjustment, November 16, 1992; *B) Code Enforcement Board, October 6, 1992; *C) Community Appearance Board, November 18, 1992; *C) Village Council Meeting, December 10, 1992; *H) village Managers Report, December 7, 1992 - January 8, 1993. Mayor Collings asked to hold out for discussion Item V (A). Councilmember Burckart moved to approve the Consent Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. Mayor Collings asked Alfred DeMott, a member of the Board of Adjustment who was in these evening's audience, (in regard to the Board of Adjustment Minutes of November 16, 1992) if the Board of Adjustment foresaw any problems with holding in abeyance the approval of Lot 2 in the Noit Gedacht Development (DeWitt property), in order to allow neighbors to come to an agreement. Mr. DeMott answered that approval was being awaited from government agencies as well. Mr. DeMott reported a meeting would be held on Monday, January 18 regarding this matter. .,, village Council Meeting Minutes January 14, 1993 Page 3 Councilmember Burckart moved to approve the Board of Adjustment Meeting Minutes of November 16, 1992 as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. VI. COMMITTEE REPORTS A) Fire-Rescue Task Force Final Report Pursuant to Resolution No. 28-91/92. Mr. Wade Griest, Chairman. ~~ Chairman Griest reported to the Village Council regarding the Fire Rescue Task Force, its research and findings, and the Board's recommendation to the Village Council. Mr. Griest's report covered 1) auxiliary personnel; 2) unions; 3) research done by the Task Force members; and 4) mutual aid. Mr. Griest read into the record the Board's recommendation to the Village Council. The Board's recommendation to the Village Council was: To adopt the Village of Tequesta Fire Rescue Report specifically to set up a fire department in the Village of Tequesta, contracting rescue services with North County Ambulance, and contracting with Jupiter Inlet Colony to provide that community with fire rescue services. Paul Coben, President of Gallery Square North Merchants Association presented a letter urging the Village Council to maintain and continue present fire rescue service with Palm Beach County Fire Rescue. Mr. Coben pointed out that a traffic study done in the 1970's substantiated that a fire station located close to the Village Hall posed many problems. village Council Meeting Minutes January 14, 1993 Page 4 ------------------------------- Betty Nagy urged the Village Council to look long and hard at an independent fire rescue service for Tequesta before making any decision. Mrs. Nagy felt figures for an independent department needed to be recalculated, and that Jupiter Inlet Colony should share in startup costs if it is protected by a Tequesta independent fire/rescue department. Mrs. Nagy felt further that a plan for three firefighters per shift was inappropriate. Bill Shannon requested that the Village Council move expeditiously toward the approval of a Tequesta fire department, believing that such a department is essential to the security and well-being of the Village of Tequesta. Mr. Shannon felt the pride and competence in a fire department would be equal to that of the Tequesta Police Department. Roger Anderson, having working for seven years with Governmental Affairs, agreed that Palm Beach County Fire Rescue is out of control, is abusive, and felt Tequesta should put PBC F/R on notice to change the system and make it affordable, and urged Council to do what they must in order to make fire/rescue for Tequesta affordable. Councilmember Capretta stated its possible for Tequesta to have a quality independent fire department just as Tequesta has a quality independent police department. The question will be how much will Tequesta want to pay for fire/rescue services, and will costs rise as much as PBC F/R, and will the level of service be adequate. The Village Council concurred it would hold a workshop on fire/rescue on Thursday, January 21, 1993 at 5:30 p.m. B) Approval of Fire-Rescue Task Force Meeting Minutes: i) Fire-Rescue Task Force, December 2, 1992; 2) Fire-Rescue Task Force, December 9, 1992; 3) Fire-Rescue Task Force, December 16, 1992. village Council Meeting Minutes January 14, 1993 Page 5 ------------------------------- Councilmember Mackail moved to approve the Fire/Rescue Task Force Meeting Minutes of December 2, 1992, December 9, 1992 and December 16, 1992 as submitted. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burokart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted vII. COMMENTS, KUDOS AND CAUTIONS (Mayor Earl L. Collings) A) Mayor Collings complimented Tom Hall of the Water Department upon the safety award the Water Plant earned and upon his most gracious memo to the employees. B) Mayor Collings announced that Tequesta is now officially a Tree City USA, having fulfilled all the prerequisites. C) Mayor Collings pointed out that the Junior Women's Club has volunteered to put in duty at Tequesta Park, both manpower and materials to improve Tequesta Park. The Mayor suggested that be coordinated with Gary Preston of the Parks and Recreation Department. D) Mayor Collings pointed out that registration will take place in April for the Bicycle Rodeo in a local parking lot, date and time to be announced. VIII. APPOINTMENTS A) Board of Adjustment *i) Consideration of Appointing Susan Brennan as an Alternate Member of the Board of Adjustment for a Two-Year Term Expiring on January 15, 1994. (Staff Recommends Approval). Approved under the Consent Agenda. Village Council Meeting Minutes ~` January 14, 1993 Page 6 ------------------------------- Ix. DEVELOPMENT MATTERS A) Special Exception Public Hearing and Site Plan Review for 8t. Jude~s Catholic Church Priest Residence, 204 II.S. Highway One. Scott Ladd pointed out this is a continuing construction program of St. Jude's Church, entering the final phase. Bill Shannon gave a presentation on the overhead projector of the Site Plan, explaining that the priest residence was to be a buff color building, with barrel the roof similar to Gardens Square Shopping Center in Palm Beach Gardens, surrounded with Laurel Oaks. It is hoped the project will be completed by Easter, 1993. Mr. Shannon explained there are no plans for the wooded site in the foreseeable future, since it is under federal government jurisdiction due to the fact that Scrub Jays forage there. 1) Special Exception Public Hearing Councilmember Burckart moved to approve the special exception for the Priest's residence as submitted. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted 2) Site Plan Review Councilmember Burckart moved to approve the Site Plan for the Priest's residence as submitted. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for ~~~~ Edward C. Howell - for the motion was therefore passed and adopted. village Council Meeting Minutes ~"` January 14 , 19 9 3 Page 7 ------------------------------- B) Bite Plan Review for Proposed Satellite Dish Located at Senior Salsa Restaurant, 285 II.B. Highway One, South. (Staff Recommends Approval). Councilmember Burckart moved to approve the Site Plan for the satellite dish as submitted. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted C) Consideration of van Brock Request for Off-bite Subdivision Marketing Signage for Cypress Ridge Subdivision and Discussion of Necessary Code Revisions to Allow the Same. (Staff Recommends Approval). Village Manager Bradford explained that a request for consideration for an off-site subdivision sign for Cypress Ridge Subdivision which is located at the end of Cypress Drive, north of Tequesta Drive, having low visibility from traffic. The subdivision was approved approximately two years ago. Since that time, Mr. Van Brock has constructed all infrastructure. All other construction is ready to go, but to date there has been none. Village Zoning Ordinance does not allow off-site signage. Staff suggests a zoning ordinance amendment allowing off-site signage, left to the sole discretion of the Village Council. Councilmember Mackail moved to authorize staff to proceed with an amendment to the zoning ordinance to approve off-site signage for the Cypress Ridge Subdivision. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - abstain Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted. village Council Meeting Minutes January 14, 1993 Page 8 Councilmember Mackail moved regarding off-site signage fo Vice Mayor Howell seconded the was: Earl L. Collings Ron T. Mackail William E. Burckart Joseph N. Capretta Edward C. Howell to approve zoning r the Cypress Ridge motion. The vote - for - for - abstain - for - for the motion was therefore passed and adopted. %. NEW BUSINESS in progress Subdivision. on the motion A) Review and Consideration of proposed Recreational Improvements to Tequesta and Constitution Park with Associated Cost Estimates for Each. Village Manager Bradford pointed out that recreation improvement costs for Tequesta Park were $175,825 covering lighting and a new irrigation system; and for Constitution Park, $85,700 covering parking lot improvements, clearing, grubbing, sod,hedges, irrigation and perimeter fencing for the Park. Mr. Bradford reported that Tequesta has worked with Constitution Park since 1986 (then called Dover Road Park), and has now decided to do something in conjunction with JTJC. Consulting with a park planner, plans have been drawn up to include in Constitution Park a Gazebo, Volleyball Court, Exercise Stations, soft surface Heart Trail, Basketball Court (if desired) and Racquetball Court (if desired). Many citizens whose residences border on the park had several concerns. Mr. Bradford read into the Record a letter received from Mr. and Mrs. Richard J. Hayes, dated January 14, 1993. The letter stated that the Hayes property, bordered on two sides by Constitution Park, would be adversely affected by expansion of the Park. It was their suggestion that the one volley ball court be relocated from its originally proposed location directly east to the location where the basketball court and the proposed Play Area are located. The Hayes' felt the noise level and the possibility of balls coming over to ;..,~,. village Council '" ~` Meeting Minutes January 14, 1993 Page 9 ------------------------------- their property were a strong detriment. Though the Village's plan is to provide a 6' fence with vegetation as a buffer, the Hayes felt an 8' CBS or concrete wall or an 8' wooden fence with vegetation would be more appropriate. The Hayes preferred that remaining Cabbage Palms remain in place and in tact. Fran Sagrans, Secretary for JTJC, stated that the Park has been in the planning stages for 3.5 years, plans have been adjusted two times without JTJC participation, though JTJC is most concerned about this project. Ms. Sagrans felt it was possible to move the volley ball court, but moving it to the north would be better; the basketball court should remain where it is; Tequesta's children need a place to recreate and plans for the Park should quickly move forward; the YMCA wants to coordinate programs with JTJC but space is needed before those programs can be put in place; JTJC would like to reserve the right to participate in the planning of the Park. ,, Alec Cameron, President, Tequesta Gardens Condominium Association, stated that those residents are not against the Park but would like to see presented plans that are within reason and something with which bordering residents could live. Tequesta Gardens residents have a vested interest and would like to see the Park put under some kind of control. Carlos Berrocal, Counsel for JTJC, urged that Tequesta should 1) take care of the greatest need for the greatest amount of people; 2) demographics of Tequesta have changed and continue to change (over 50~ of residents now have children in the family); 3) need to provide recreation area for present as well as future generations; 4) Tequesta Gardens residents should become involved with the Park to address their concerns; and 5) the Tequesta Police Department could help control the Park. Village Manager Bradford read into the Record a letter from the Church Administrator, Joseph D. Hilliard, of the First Baptist Church of Tequesta. The Church was concerned about public parking for Constitution Park if there is to be an entrance on North Dover Road, fearing that the church parking might be used. Fran Sagrans pointed out that a parking agreement has been arranged with the Church of the Good Shepherd on Seabrook Road. village Council "~" Meeting Minutes January 14, 1993 Page 10 ------------------------------- Tim Goldsbury stated that having lived in Tequesta for 17 years, he can vouch for the dire need for a recreational park and urged the Village Council to move forward with the completion of Constitution Park. Joe Collings, of Tequesta Gardens Condominiums, stated that though he was not against Constitution Park, he did feel the proposal was not completely practical, and that the Park needed restrooms. Al DeMott, a 15-year resident of Tequesta, stated that those moving into and residing in Tequesta today all have children between the ages of 5-16 and consideration for adequate recreation facilities needs to be given to such residents. Craig Roberts, YMCA, stated that adequate facilities are needed in Tequesta in order for the YMCA to coordinate programs with JTJC. Jonnie Seay, stated that local children such as herself do ~... need an adequate recreational facility and though she may be too young to vote, she is old enough to have a voice regarding the park issue. Steve Downey, urged the Village Council to proceed with plans for Constitution Park and not to let the opportunity to construct the park escape and encouraged negotiations between concerned parties to resolve the issues. Susannah Carr, President of JTJC which has been in existence since 1963, has practically compromised itself out of a park. JTJC is only asking for one each of volleyball, basketball and racquetball courts and urged the Village Council to proceed with plans. Mayor Collings stated he had received a telephone call from an 80-year old female resident who was very powerful and emphatic in her message to proceed with Constitution Park. Richard Berube stated that the argument should not be with Tequesta Gardens Condominiums residents since they lived 500 yards away from the park. Mr. Berube stated a tennis court has been put in 200 feet from his residence and the court poses no distraction whatsoever. He stated further that Tequesta needs a park of its own, since Tequesta Park actually belongs to Martin County. He stated that over 600 signatures had been gathered in support of Constitution Park. village Council ~' Meeting Minutes January 14, 1993 Page 11 ------------------------------- Dorothy Campbell stated that JTJC is dedicated to Tequesta youth. Therefore, Constitution Park is very much needed and urged everyone to be supportive of the park. William Shannon stated that Constitution Park is an important plan, and suggested further compromise to bring the park to fruition. He also cautioned against the use of impact fees external to the Village. Jay Hunston, past President of JTAA, stated that Tequesta Park is a present and necessary concern for Tequesta and is not a Martin County facility. Tequesta Park is in dire disrepair with a five foot candle light which should be 15.5 feet; improper drainage. What used to be the jewel of Tequesta is now more than tarnished. It was his recommendation that, this evening, Village Council, by motion, direct Staff to expeditiously make improvements to Tequesta Park. The improvements would be too late for spring programs but may be in time for the July program. Councilmember Burckart concurred that: 1) the Council should direct Staff to go ahead immediately with improvements to Tequesta Park; 2) that it's probably wrong to use impact fees for Tequesta Park, but probably could be used for Constitution Park; 3) Constitution Park should not be a lighted area, but should be landscaped, buffered, fenced, with restrooms provided, and grassed parking area along Dover Road. Mr. Burckart felt it was necessary that construction begin as soon as possible on both Constitution Park and Tequesta Park. Councilmember Mackail felt Tequesta Gardens Condominiums and JTJC should compromise to resolve the Constitution Park issue. His position was a "middle-of-the-road" approach regarding Constitution Park. He felt the property owners bordering the Park have concerns but that it is a workable situation. It was also Mr. Mackail recommendation that Council move forward with improvements to Tequesta Park. Councilmember Capretta concurred that the Village should proceed with Tequesta Park improvements, that a five-year improvement plan was necessary to make Tequesta Park a first- class park, and that the Village Council should proceed with plans for Constitution Park. q village Council ~' Meeting Minutes January 14, 1993 Page 12 ------------------------------- Vice Mayor Howell felt citizens should be committed to neighborhood parks and concurred that the Village should proceed with construction of Tequesta Park and Constitution Park. Mayor Collings felt it was necessary to cause both Tequesta and Constitution Park to look like jewels in the community. Vice Mayor Howell moved to direct Staff to proceed with construction plans for both Tequesta Park and Constitution Park. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted. Bette Manner stated she had received a letter from the Tequesta Police Department regarding an annual fee ($20) for her home security system. She felt this was unnecessary since she already pays a fee to the agency from whom she purchased the system. Mr. Bradford explained this is done by an Ordinance as is done in many other municipalities, charging a fee for issuance of a license for an alarm permit, enabling the police to have a registration of and a monitoring device for those who have a security service. Ms. Manner also complained that army vehicles are parked in the driveway at 76 Yacht Club Place. Mayor Collings asked the Village Manager to have the Tequesta Police check on that situation. *B) Authorization for the village Manager to Execute Solid Waste Authority of Palm Beach County Initial Residential/Governmental 8isposal Credit for Period of October 1992 through September 1993, Authorizing Distribution of Disposal Credits to Nichols Sanitation, Inc. (Staff Recommends Approval). Approved under Consent Agenda. ~~. village Council ~~j'` Meeting Minutes January 14, 1993 Page 13 ------------------------------- C) Consideration of Tequesta Annual Membership Renewal Dues to the Business Development Board of Palm Beach County for Calendar Year 1993, in the Amount of $500. (Staff Recommends Approval). Councilmember Mackail moved to approve the annual membership renewal to the Business Development board of Palm Beach County for calendar year 1993 in the amount of $500. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted. D) Resolution No. 2-92/93 - Designating Polling Locations, ,..: Election Officials and Inspectors of Elections and Establishing Procedures for the Municipal Election Scheduled to be held March 9, 1993. Attorney McNierney read Resolution No. 2-92/93 by Title: ~~A RESOLUTION OF TH8 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, DESIGNATING POLLING LOCATIONS, ELECTION OFFICIALS AND INSPECTORS OF ELECTION AND ESTABLISHING PROCEDIIRES FOR THE MUNICIPAL ELECTION SCHEDULED TO BE HELD MARCH 9 , 19 9 3 . ~ ~ Councilmember Mackail moved to approve the Resolution No. 2- 92/93. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted. ,:,-~~,. village Council Meeting Minutes '""~' January 14, 1993 Page 14 ------------------------------- BI. UNFINISHED BUSINESS *A) Consideration of Specific Actions Relative to the Americans with Disabilities Act (ADA). (staff Recommends Approval). 1) Receive and File Titles I, II (Employment) and Subtitle A of Title II (Local Government ADA Administration) Self-Evaluation Checklists. Approved under Consent Agenda. B) Consideration of First Reading of Ordinance Amending Future Land Use Element of the Tequesta Comprehensive Development Plan. (Staff Recommends Approval). Attorney McNierney gave the First Reading of the Ordinance: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PURSUANT TO CHAPTER 163.3161, et seq., F.B. ,,_ ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN ADOPTED OCTOBER 12, 1989, AS AMENDED, BY AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." With the Village Council sitting as the Local Planning Agency, Councilmember Burckart moved that the Village Council approve the First Reading of the Ordinance amending future land use element of the Tequesta Comprehensive Development Plan. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted. ,k= Village Council Meeting Minutes January 14, 1993 Page 15 Councilmember Burckart moved to approve the First Reading of the Ordinance amending future land use element of the Tequesta Comprehensive Development Plan. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for the motion was therefore passed and adopted. BII. COMMUNICATIONS FROM CITIZENS All communications from citizens were received under previous Agenda items of their interests. BIII. ANY OTHER MATTERS A) Councilmember Burckart commented that the north county road system is being reviewed by Palm Beach County and recommended there should be a representative, perhaps someone from the Staff, for Tequesta attending those meetings. Mayor Collings mentioned there is a new group formalized called the Northern Area Planning Group, consisting of the north county municipalities and probably south Martin County, as well as the South Florida Water Management District, Northern Palm Beach County Water Control District, the School Board, etc.. Meetings will be weekly on Wednesday. The function of this group involves the county road system and overall north county integration on many subjects. C) Councilmember Burckart announced that Limestone Creek Elementary class will be attending the next daytime Village Council meeting. D) Village Manager Bradford stated in reference to Agenda Item XI (B), that there is a time constraint regarding the Department of Community Affairs guidelines in regards to adopting Comprehensive Development changes. It must be done within 60 days of December 1, 1992. Therefore, the Second Reading of the Ordinance must take place by February 1, 1993 and would be necessary to call a Special Village Council meeting to take care of this matter. village Council Meeting Minutes January 14, 1993 Page 16 ------------------------------- E) village Manager Bradford stated that a State Statute recently passed having to do with Vacancy in Candidacy, stating that all municipalities must provide for an Ordinance spelling out how a vacancy in candidacy will be addressed, as opposed to vacancy in office. Options are: 1) If two candidates are running during a filing period for an election and one should withdraw, will remaining candidate automatically be elected; or, 2) will a special election be called; or, 3) shall there be an option to appoint or call a special election at the discretion of the Village Council. Council preferred option one. %IV. ADJOIIRNMENT Councilmember Burckart moved that the meeting be adjourned. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Joseph N. Capretta - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted and the meeting was adjourned at 9:45 P.M. Respectfully submitted, i ~~ ~~~~~~~~ Fran Bitters Recording Secretary ATTEST: J nn Manganiel o Village Clerk *~ DATE APPROVED: ~'~ ~ i 9 3 - FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST N/~AM!-FIRST NAME-MIUUIE NAME NAME OF 110ARQ COUNCIL, COMMISSION, AUTHORITY, OR COMMITTE le1V~' <,4-IZt' I~ttf~t ,4- ~ .~{-~..1~ ~/I c ~y~-(~ ~ ~u-r~e c L AILING ADDRESS THE 90ARQ COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 1 ~~ ~ , 1 WHICH 1 SERVE IS A UNIT OF: CITY ~ V t ~ ~ ~ '1%~~ I ~ COUNTY O?HER LOCAL AGENCY ~^ ('OUNTY NAME Or POLITICAL SUBDIVISION: 1 ~~v~. ~ ~ '~}-- r-- UATE ON wHICH YOTC (X'('URREU U( LL,j}-C9 ~ ~.~(,~~SC'r MY POSITION IS: I ^ L ELECTIVE, / APPOINTIVE WHO MUST FILE FORM a6 This form is for use by any person serving at the county, city, or other local !eve! 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 arc presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you arc encouraged to use it in making the disclosure required by law. Your responsibilities under the la\+• 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 OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should 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 13 DAYS AFi'ER T'i-~E VOTE vC%'vRS by completing and filing Itus form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND T~0 MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT Vl'HICH THE VOTE WILL BE TAKEN: ~"'ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes, • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prier to consideration of the matter in which you have a conflict of interest. I IIIV\1 YY II~Yt ~! ~, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: ' • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the mina of the meeting, who should incorporate the form in the minutes. „~' DISCLOSURE OF STATE OFFICER'S INTEREST (a) A~~measure came or will come before my agency which (check one) inured to my special private gain; or 1, ~tl'"~--~''Q'M `~' "`i'Q-C.K ~hercby disclose that on /t _ f C 19 %.~ . inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~b'~ C t ~t_ Si ~hS Fob, ~~~2.t,CC-~i t ~uC,~ ~ = /~ i~ ~C ~' ~i~b k M,~~"' /~ _ ~ ~ - ~~ Date Filed Signature e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 112.317 1985), DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED YON OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000. ~E FORM d8 -J0.S6 PAGE Z