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Home My WebLink AboutDocumentation_Regular_Tab 11C_04/08/1999,~I C VILLAGE OF TEQUESTA Post OfTice Box 3273 • 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 4, 1999 I. II. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, March 4, 1999. The meeting was called to order at 7:00 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, vice Mayor Carl C. Hansen, and Councilmembers Joseph N. Capretta and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Alexander W. Cameron was absent from the meeting. INVOCATION AND PLSDGS OF ALLSGIANCS Vice Mayor Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROV,~T~ OF AGENT, The following additions were requested under ANY OTHER MATTERS: Councilmember Mackail requested discussion of the year-end audit of the Village of Tequesta. Mayor Schauer vILr~AQg covNClr. ~$TINC~ ffiINOTSs b~arch 4, 1999 PAQR 2 requested discussion of willow Road. village Manager Bradford requested discussion of granting permission to legally respond to the permit issued by South Florida water Management District for the dewatering on the Tequesta peninsula, and FDOT's proposal for Palm Beach County municipalities to have their names placed at ~-95 exits. Couacilmembar Nackail made a motion to approve the Agenda as amended. vice ~a-yor Haasea seconded the motion. The vote oa the motion was: Slizabeth A. Schauer - for Carl C. 8aasea - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PR$SRNTATIONS AND PROCLA~dATIONS A) Presentation Regarding the Co~tservation of Recreation and Cultural Facilities Project ($25,000,000 HoHd issue) and the Land Acquie~itioa Program ($150,000,000 Soad Issue), both being Referendums oa the N'arch 9, 1999 Ballot= Rarea m'arcus, Palm Beach County Cvammissioner. Commissioner Karen Marcus described the $25 million parks project which was for conservation of recreation and cultural facilities. Land would be acquired for an 86-acre district park in Northern Palm Beach County off Central Boulevard between Hood Road and Donald Ross Road. The park would be designed from input given by the municipalities so that all recreational needs would be addressed. The park would be developed in conjunction with the City of Palm Beach Gardens, which would also have VILLAGR COUNCIL MSSTING MINUTES March 4, 1999 PAG$ 3 facilities there. The park would be a county facility, accessible for all residents in Palm Beach County. Money was also included for other items, including a cultural center for Mizner Park and Dreher Park Zoo. Commissioner Marcus described the $150 million bond issue for acquisition and preservation of environmentally sensitive lands. A good portion of the land proposed for purchase was located in Northern Palm Beach County. $50 million was allotted for land purchase, and grants would be sought for matching funds. The $100 million allotted for conservation and preservation of environmentally sensitive lands in the Ag Reserve south of Hypoluxo to Clint Moore Road would be used to purchase land in that area from willing sellers to use for water conservation and as a buffer to the Everglades. The county would not have to provide services to that area, which would save taxpayer money; and matching grants would also be pursued for this project. The price for a homeowner with a $125,000 home would be $22 per year for both bond issues. vice Mayar Hansen questioned whether there would be enough money to do all of the projects listed in the brochure. Commissioner Marcus explained there was enough money to purchase the district park land, but the $150 million land acquisition issue involved only willing sellers, and some might not want to sell. Under a willing seller program, land was not condemned and taken. Therefore, all of the listed lands might not be acquired, but the list would be used as a starting point. Commissioner Marcus explained the first bond issue had also worked this way. Commissioner Marcus also noted that wCI had been approached since they were interested in selling a lot of property in northern VILLAGE COUNCIL M88TING MINOT83 March 4, 1999 PAGE 4 Palm Beach County. Commissioner Marcus explained that this issue had nothing to do with schools. Jim Humpage asked whether landowners in the Ag Reserve could sell to developers, to which Commissioner Marcus responded that they could. Mr. Humpage questioned whether county had taken into account that the property acquired would be removed from the tax rolls. Commissioner Marcus explained that they had and that analysis had shown it was much cheaper to have undeveloped lands since services would not need to be provided. Joan Marshall questioned the amount of acreage to be purchased, which Commissioner Marcus explained was a minimum of 6,000 acres or more if matching funds could be obtained. Commissioner Marcus urged everyone to vote yes on these issues. V. C<)~DN'ICATION FROffi CITIZENS There were no comments from citizens. VI. PUBLIC EBARINGS A) Coasideratioa of Local Planaiag Agency's Recommendation to Accept Village Response to the State of Florida Department of Community Affairs Ob j ectioas, Reco~mmneadatioas, and Comment R®port {ORC Report) 1. Presentation of Chaagea to ORC Report Responses Per Discussion with Florida Department of Community Affairs Staff. Jack Horniman, Consultant for the Village, explained that several telephone conference calls had been conducted with Roger Wilburn, Community Program Administrator, Region 10, of . VILLAGE COtTNCIL ffiB~IDiG MINOT$S ~Sarch 4, 1999 PAGE 5 the DCA staff to assure that DCA would accept the responses. The final responses as negotiated with the staff were presented for discussion. Objection #3 regarding Policy 1.4.7 regarding wellfields was revised. Objection #2o regarding housing was revised. village Manager Bradford requested this item be read, since he had found the information to be surprising. Mr. Horniman read: Supplementa.Z census data indicate that 77$ of the rental households in the Village that pay 35~ or more of their income for gross housing costs are headed by a household aged 65 years and older. Objection 22, policy 1.1.7 regarding septic tanks was revised to meet the DCA request for breakout in policy between those areas that had central sewers available and those that did not. Policy 1.1.8 had been added to address the second area. Objection #24, policy 2.11.13 regarding wetlands was changed to substitute the word Village instead of County. Objection 28, Objective 1.7.0 regarding concurrency management was to be placed within the capital improvements element. Mr. Horniman explained these responses would be submitted to DCA, who would respond whether they accepted, after which second reading of the ordinance could be accomplished. 2. Comments from village Council Regarding Proposed Responses to ORC Report. Vice Mayor Hansen questioned whether the number of DCA objections was normal. Mr. Horniman explained there had been very little substantive objections, but that most were regarding how to update the plan to comply with new regulations. Vice Mayor Hansen VILLAG$ COONCIL ~dEETIWG MINU'PES March 4, 1999 PAGE 6 questioned whether new requirements would cost the Village money, to which Mr. Horniman responded the primary cost was the current process. Councilmember Capretta commented it was amazing that a small Village had to submit so much data, and explained the Village hired a consultant because this was such a complicated process. Councilmember Mackail questioned whether the Village was in a position to move forward regarding fixing the flood control program under the mandated NPDES program. Mr. Horniman responded level of service areas must be established and were factored into the capital improvements section of the comprehensive plan. Councilmember Mackail commented he believed the Village was now in very good standing regarding traffic. Mr. Horniman agreed, and explained how the village had complied and had obtained vested traffic levels of service. Mayor Schauer questioned Village Manager Bradford whether he was currently working on septic tank inspection criteria, to which Mr. Bradford responded he was about 2/3 finished. 3. Public Comments. There were no comments from the public. Village Manager Bradford commented that he had received a fax from Richard Dent, Executive Director, Loxahatchee River District, objecting to Tequesta's proposed language and policies for sanitary sewer. Mr. Horniman felt the standards as negotiated with the DCA were appropriate. 4. village Council Acceptance of village Responses to DCA ORC Report. vILr~AOS covrrclL MSBTIW(~ MIN~TgB March 4, 1999 PAC38 7 vice Mayor Haasea made a motion to accept Village Responses to the DCA ORC Report. Covacilmember Mackail seconded the motion. The vote on the motion was: glizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. 8) Coasideratioa of Approval by village Council to transmit t$e village Responses to DCA ORC Report to the Department of Comamuaity Affairs, State of Florida. Motion was made by Couacilmember Mackail to transmit the village Responses to DCA ORC Report to the Department of Ccaamtuaity Affairs, State of Florida. The motion was second®d by Vice Mayor Hansen. The vote oa the motion was: 8lizabeth A. Schauer - for Carl C. Saasea - for Joseph Di. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. C) Ordinance - First Reading - Adopting 1998 SAR Based Comprehensive Plaa Amendments Village Attorney John C. Randolph read the above Ordinance by title only on first reading. VILLAGE COIINCIL b~ETING MINUTES March 4, 1999 PAGE 8 Vice ~6ayor Hansen made a motion to approve the above Ordinance oa first reading by title only. The motion was seconded by Councilmember Capretta. The vote on the motion xas: $lizabeth A. Schauer - for Cari C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motion xas therefore passed sad adopted. VII. CONSENT AGENDA All items listed with as asterisk (*) are considered to be routine and will be exacted by one motion. There will be no separate discussion of these items uales~ a village Couacilmember so requests, in xhich event, the item x111 be removed from the Coaseat Agenda of Business and considered is its normal sequence oa the Agenda. Mayor Schauer read aloud the following Consent Agenda items: V £I . APPROVAL OF MINUTTsS AND REPORTS *A) Special Master Hearing, January 28, 1999; *B) Local Planning Agency Workshop, February 4, 1999; *C) village Council Meeting Minutes; February 11 1999; *D) Village Managers Report: February 8, 1999 to February 25, 1999 I.X, NEW BUSINESS *H) Consideration of Declaring Surplus two Vehicles Pursuant to Section 3.02(8) of the Village Charter. (Staff Recommends Approval) VILLAGE COIINCIL MEETING MIN{~TES March 4, 1999 PAGE 9 Motioa was made by Couacilmember Mackail to approve the Coaseat Agenda as submnitted. The motion was aecoaded by vice Mayor Hansen. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. 8aasea - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. IR. DEVELOPMENT MATTE&S A) Special ~cceptioa Public Bearing and Site Play Revibw for St. Jude Catholic Church. {A Quasi-Judicial ~eariag) Mayor Schauer announced she was recusing herself due to conflict of interest since St. Jude Catholic Church was her employer; however, she would continue to conduct the hearing. 1) Swearing-ia of Nitaesses Planner Kara Irwin and Mr. John Howell were sworn in by Village Clerk Joann Manganiello. 2) Disclosure of Ex-Parts Commuaicatioas A poll of the Village Council revealed no ex-parts communications. 3) Testimony of Nitaesses and Cross Examination, if nay Planner Kara Irwin introduced Mr. Howell, who reviewed the site plan for expansion of the parish hall and requested approval of the special VILLAGE COIINCIL MEETING MINOTES March 4, 1999 PAGE 10 exception and site plan. Mr. Howell explained the present roof would be replaced with a file roof if money was available, and the new roof structure would be higher than the present roof. A new sprinkling system had been added. Bids were due April 15. Councilmember Capretta favored approval continent upon requiring a new file roof. Councilmember Mackail agreed. In response to a question from a resident residing at 12 Palmetto way, Mr. Howell explained the roof was included in the base bid, with an alternate for a cheaper roof. 4} Finding of Fact Based on Competent, Substantial Evidence Councilmember Capretta clarified that approval would be granted with a file roof and if the church did not wish to install a file roof they must return to the village Council. Councilmemb®r Capretta made a motion to approve the request of St. Jude Church far Special Exception and Site Play with the condition that they go fos~rard with the file roof as proposed is their base bid. Vice Mayor Haasea seconded the motion. The vote oa the motion eras: Elizabeth A. Schauer - abstain Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion aras therefore passed and adopted. 8) Special Exception Amendment Public Hearing for Classic Dreamcars to Alloy Temporary Outdoor Storage of vehicles. {A Quasi-Judicial Hearing) 1) Swearing in of ~Pitaesses 4 VILLAGE CO'ONCIL MSBTING MINOTES March 4, 1999 PAGL 11 Planner Kara Cindy Bogart Manganiello. Irwin, Jim Humpage, and Kerry and were sworn in by Village Clerk Joann 2) Disclosure of Ex-Parts Comomunicatioas A poll of the village Council revealed no ex-parts communications. 3} Testimoay of Witaesses and Cross Examinatioa, if aay Mr. Bogart requested clarification of the parking restrictions issued when the original Special exception was approved by the village Council. Mr. Bogart explained he would not park cars advertised for sale outdoors, but wished permission to park as many as 10 to 12 cars from stock. outside in the rear temporarily while one of his showrooms was used for a meeting or a wedding reception, which was the idea for his wife's new business. Mr. Bogart also explained that several cars might need to be moved out temporarily to remove a newly purchased car for a customer, and while floors were being cleaned. The request included a minimum of no less than 10 social events per month, cars from stock outside no longer than a minimum of 24 hours, and no more than 10 or 12 cars outside during social events. Mr. Bogart requested no limitations be set on license tags or having registrations for cars temporarily placed outside, because unsold cars had no tags or registrations. During discussion, Village Manager Bradford acknowledged he had called the Police when he had seen three cars parked outside on a Saturday afternoon. Planner Irwin pointed out that cars were unloaded and loaded onto trucks, which had VILLAGS COQNCIL MS~TIWG ~INO'T8S baa,rch 4, 1999 PAGl3 la been approved when the original special exception was granted. Planner Kara Irwin cautioned that granting the outdoor parking this might open the door for others to ask for special consideration, and that Mr. Bogart had offered to take the cars to his home in martin County, which she considered the best solution. The types of parties proposed for the new business were discussed. Mr. and Mrs. Bogart explained the cars would be parked only in the rear, and the other stores would be closed when the parties were held, so no one would be inconvenienced. Village Manager Bradford commented that this concept was a good idea and that it was successful at Ragtops in west halm Beach; however, stated his opinion that parking oars outside would be a problem because the Village prohibited outdoor storage of merchandise. Jim xumpage requested that Dreamcars operate under the special exception as approved last December, and asked the opinion of the village Attorney. Village Attorney Randolph. stated this was a policy decision of the Village Council. Mrs. Bogart commented she hoped to bring additional business to this area. Tom Little was sworn in and requested this situation be worked out because the business was an asset to the shopping center and to the village. Fd Resnik was sworn in and agreed with working with Mr. and Mrs. Bogart by limiting outdoor parking to certain times. village Manager Bradford stated the problem in terms of precedent was whether all business would be allowed to keep merchandise outdoors, and also because Mr. Bogart had obtained a retail classification because he kept all merchandise inside, when he began keeping it outside then that would establish a precedent within the mixed-use zoning district. Couacilmember Capretta made a motion to interpret the special exc®ption with Dreamcars just as it ~-a8 and that the ability to move the cars out for v=Lr.AG$ coorrcir. M88~INC3 M=NO~rras March 4, 1999 PAt3R 13 practical operating purposes of Dreamcars, such as araxiag the floors aad shoariag cars to customers aad so forth, is coasidered permutable wader the interpretation= hoarever if Mr. aad Mrs. Bogart waat to start aaother busiaess there they have to move the cars so~meahere else and gaaaot leave the cars outdoors oa display, just as the Texaco statioa caaaot leave tires outside for display. Couacilmember Mackail aecoaded the motioa. The vote oa the motioa areas 811zabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motion area therefore passed and adopted. C) Modified Site Plan Reviser for YMCA of Tequesta, 399 Seabrook Road, for a oPall sign is as R/OS District. YMCA of Tequesta, Applicant. (Staff Reco®mends Approval) Mayor Schauer explained that during her re-election campaign, many senior citizens had been very pleased to learn of the existence of the YMCA in the Village; and urged the YMCA to place monthly notices in the Village newsletter. Andrew Sloan, YMCA representative, presented the proposed sign, and requested approval. vice Mayor Hansen pointed out the sign size was smaller than the size which needed Village Council approval and questioned why this application was being presented. Planner Kara Irwin explained that permission was needed to erect any size sign in the recreation open space district. Planner Irwin clarified that the sign would not be two toned. Vice Mayor 8aasea made a motion to approve the modified site plea reviearfor YMCA of Tequesta, 399 Seabrook Road, for a 9Pa11 Sign is as R/OS District. Couacilmember Nackail seconded the motion. The vote on the motion ata8s VILLAG4E COUNCIL MBETINt~ MINUTES March 4, 1999 PAaE 14 Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. D) Site Play Review for NationsBaak, 150 Tequeata Drive, for a Monument Identification Sign. Ralph Lashells of Ferria Signs as Agent for Applicant. (Staff Recommends Approval) Andrea Lashells was present representing the applicant, and presented the request for the sign. Ms. Lashells stated the new sign would be located next to where the old sign had been, and would be a monument sign. Councilmember Mackail referred to a brokers sign which was dangerous to traffic, and was assured that would not be a problem with this sign. vice Mayor Hansen made a motion to approve the Site Plan Reviev- for Natioas8aak, 150 Tequesta Drive, for a Monument Identification Siga. Couacilmember Capretta seconded the motion. The vote oa the motion wasa Elizabeth A. Sohauer - for Cari C. Haasea - for Joseph D1. Gapratta - for Roa T. Mackail - for The motion wan therefore passed and adopted. X. NB~P BUSINESS A) Resolution No. 17-98/99 - Approving a Water Service Agreement with ALS Clare Bridge, Inc. (Clare Br~.dge /Crossings of Teguesta) and Authorizing the Village FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOC UBLIC OFFICERS LAST NAME-FIRSr NAME-MIDDLE NAME NAME Oi BOAR NCI MISSION, AUTHORITY, OR COMMITTEE AfA1LING ADDRESS _ THE BOAR4 COUNCIL., COMMISSION. AUTH TY. OR COMMITTEE ON S~ ~~~~OO` ~! WHICH 1 SERVE 15 A UNIT OF: D~.~CITY :COUNTY ; • OrHER LOCAL AGENCY CITY ,-,.....~.. r~s,~ ^ ~~ e4~ NAME OF POLITICAL 5UBDIVISION; . DATE ON N'HICH VC1TE OCCURRED 1~7~9ReN ~, )449 ina ~°"IS: Q ELECTIVE APPOINTIVE wElo MUST ~~ 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 noa-advisorl, bo~i~ wla are presented with a voting conflict of intert~t under Section )12.3143. Florida Statutes. The rcquiremrnts of this law arc mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law Your responsibilities under the lavv when faced with a measure in which you have a conflict of interest wiU vary greatly deprnding 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 ELECTED 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 [o the special gain of a principal (other than a governmrnt agency) by whom he is retained. In either case you should disclose the conflict: PR10R TO THE VOR'E BEING TAKEN by publicly stating to the assembly~the nature of your interest in the measure on which you arc abstaining from voting; oird WITHIN 13 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person resporlsrbk for recording the minutes of the meeting. who should incorporate the form in the minutes. APPOINTED OfFICERSc A pt:rson holding appointive countX 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 inura 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 narurc of the conflict before making arty attempt to influrnce the decision by orator writtrn communication, whether made by the officer or at his direction. ',1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH '~ THE VO~fE WILL BE TAKEN: ~I ~ You should complete and file this form (before making any attempt to influence the decision) with the person raponsible for raording 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 fount should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of intereest. r-lal xd IbA6 3-04-1999 4~24PM FROM LOX RIVER DISTRICT 561 747 9929 Loxahatchee River District 2500 Jupiter Park Drive, Jupiter, Florida 33458964 Telephone (S61) 747-5700 Fax (561) 747-9929 Richard G Dent, Exe~rtive Dit~cctar March 4, l 999 Mr. Thomas Cx. Bradford Village of Tequcsta P.O. Box 3273 Tcque~, F[. 33469 Dear Mc. Btadfatrd: ya Facsiomar'le 575-6203 As the wassevratcr servicx provider to your community and an orgsuaizatiara that eomtneMed on your potential comprehensive plan Changes back in November, the District was disheartened to learn of totaight's public hearitxg otaly throaagh the re4uired newspaper adverdsemeat. I'm sorry that we couldn't discuss the matter poor m this dale. Please make this letter a pare of your pro~ittgs of the March 4's public hearing. The wee River Disbrid does not agree with the Village's nctiwcst proposed revision of Policy I.1.7. Jn au ur6art setting Arad in near prnaaimity to importer gaaund and surl'rave watrxs, 9ep#iC tanks are not as acceptable aloeraative to a sanitary sewer system. '~ ~ ootxarrs with the Treastrte Coast Regional Planning Council in reeomnaending a policy that `promotes the elimination of septic tataks and requires eovtnedion to regional wasbewat~c coIIection facilities in areas where the pot~tial fat' grotud or surfaec water contaminaUion is high'. This position also makes sense fl~om ara tconomic pgtspoaive, gives that the major infiastructarre of the sanitary system exists and runs ri~ltt threrrgh the middle of the Village of Tequesta and is sized >ao aecommod$te the wasteouaber now going m the septic tanks. As was stated in our November 12, 1998 letter (copy enclosed), the Disarict's position on the itt~Cgaacy of septic tanks was establisb~ed by scientific study, supported by the State plantatrag std regtila#ory comimuait3- acid upheld by the courts. Of futther note, thei+e continues to bean effort to disassociate flat Village from the District. Year vague policies regardiuag sewer service do aaot speak to c~ezative approaches mor rcoognize that the District is the sole wastewater sertrice provider within your wmmuraity. for your atterttioa to this correspondence. RCD/kbk Enclosure: ]o^eva D. F~Illi l.ori~ ~ " 3~" Holman Matt Ii. k+-sbxic Rtbard G S'Aeebr~ S~ayts reonpx,,,. ~~ Hoard Member Board Memscr Cbdrmaa Board 1Nember awrd Member P. 2 Aw~vd W Regional Wa~par Faciriry Bed iq Nc»raw, E.P.A. Besr in Sto/e. n.e.i! Executive Airoctor ~°° FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOC/~,L~.~UBLIC OFFICERS NAME-MIDDLE NAME \1AILING ADDRESS ~1' 5~~~1~i 1~(l.1100~ Ce l ~! ~ IT~-+ COUNTY ~C,~.UesT,9- Aim ~ eaelc DATE ON N'HICH VOTE OC(URREU l~7ARe~- ~!, 19' 49 NAME AUTHORITY, OR COMMITTEE ie~,~es7~ ,~.~ /.~~e THE 9oAR4 COUNCIL, COMMISSION, RUTH TY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: ~~C`ITY 'COUNTY ~ ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: . MY POSITION IS: ELECTIVE) 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. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. 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 at[ention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITFI SECTION 112.3143, FLORIDA STATUTES ELECTED 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 arc abstaining from voting; and WITHIN 13 DAYS AFTER THE VOTE pCCURS by compkting and filing ttlis 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, bui must disclose the nature of the rnnflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VO?E WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I r ~K ~l ~e 1(LAt~ ~ ~ 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 mcasurc before participating. • You should complete the form and file it within IS days after the vote occurs with the person responsible far recording the minutes of the meeting, who should incorporate the form in the minutes. ~D~ISCLOSURE OF STATE OFFICER'S INT/E~RfEST [, - l 2/~,B~T/y ~ ~C~ ~~rhereby disclose that on _ /' /Ig~Ct/ ~ . 19 7 . ~- (a) Ameasure came orr~iY.vwne before my agency which (check one) inured to my special private gain; or _ .S ~ /,~~ . inured to the special gain of e p J rG ~'l , by whom 1 am raaun:d. (b) The measure before my agency and the nature of my interest in the measure is as follows: '~~"~~ Nt7r1'1CE: UNDER PROVISIONS OF FLORIDA STATUTES X112.317 (1985), A FAILURE TAO MAKE ANY REQUIRED )ISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: MPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000. DRM t8 ~ai4d6 PAGE 2