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12-10-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 19915 A regular meeting of the City Council of the City of Clermont was held Tuesday, December 10, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Dupee, Council Member Sargent, Council Member Norquist and Council Member Cole. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held November 26, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Easement for proposed Safety Storage on West side of Highway 27 City Manager Saunders stated that, the proposed Safety Storage project to be located on the west side of Highway 27 south of Hook Street has a problem with storm water drainage. A solution has been found which is agreeable to St. Johns River Water Management which will take the water to an adjoining property. An easement needs to be granted from the City across the City's easement to the south property. 96-280 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to grant an easement from the .S. afe~_ Storage property_ on Highway 27 south of Hook Street to the. a4joining property_ on the south. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 2 COUNCIL MEMBER DUPEE'S REPORT i Council Member Dupee reported a Business After Hours on December 12 from 5:30 to 7:00 p.m. at SunTrust and a South Lake Chamber of Commerce breakfast on December 20 at 7:30 a.m. MAYOR POOL'S REPORT Mayor Pool thanked those who participated in the Light Up Clermont festivities on December 6 and 7. VISITORS WITH BUSINESS Florida Power Corp. - Variance Requests City Manager Saunders stated that Florida Power is requesting three variances for their substation site located at 789 Highland Avenue. They are proposing to erect a 150' steel monopole for the dual purpose of holding transmission lines and the placement of a telecommunications antenna. The three variances are 1) Increase in the maximum allowable height from 35' to 150', 2) Request 23' setback rather than 25' for the front yard setback to allow placement of an 8' x 18' equipment cabinet and slab, and 3) Setback of 13' rather than 25' for the placement of the pole. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in the following: Ray Gilley Victoria Bucher Mike Lamb James Hilton Walt Schwartz 16740 Kamlin Court, Clermont, FL 3201 34th Street South, St. Petersburg, FL 8875 Hidden River Parkway, Tampa, FL 225 S. Westmont Drive, Altamonte Springs, FL 225 S. Westmont Drive; Altamonte Springs, FL CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 3 Ray Gilley, Florida Power Regional Manager stated that Florida Power has formed a partnership with Primeco PSC to bring wireless communications throughout this service area and hopefully most of Florida. They are one of the most competitive in the state, have a truly digital system, and are about 8-12 months ahead of competitors in offering service. Victoria Bucher reviewed the site plan at the Clermont Substation and explained that the east side was bordered by unopened Milholland Street. The existing tower would be replaced with a monopole approximately 150' in height located about 13' from the setback. The cabinets will encroach about 2' into the setback area. Mike Lamb with Primeco explained that this site location is central to the other existing towers and will best enable the area to be serviced. He explained that the Highland water tower is approximately 25' lower than the Clermont Substation site and attaching a tower to a water tower is very difficult. The Clermont Substation site will serve the City of Clermont and traffic on Highways 27 and 50 without the need for additional towers. He stated that Florida Power will own the pole and the pole will be built for one carder only. City Manager Saunders stated that based on the information provided by Florida Power wherein there are no other acceptable locations, he recommended approval. Mayor Pool closed the public hearing. He asked that staff draft an ordinance placing restrictions of future antenna installations. 96-281 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve variance requests, as follows for Florida Power to allow the placement of a 150' steel monopole at 789 Highland Avenue for the dual purpose of holding transmission lines and the placement of a telecommunications antenna: 1) increase the maximum allowable height from 35' to 150', 2) allow a 23' setback rather than 25 'for the front yard setback to allow placement of an 8' x 18' equipment cabinet and slab, and 3) allow a setback of13' rather than 25 'for the placement of the pole. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 4 Mercator Properties. Variance Requests City Manager Saunders stated that Mercator Properties is requesting three variances from the Land Development Regulations for Lot 2, Clermont Commons, 230 Mohawk Road, as follows: To allow a sidewalk that has been constructed with a 7/8" per 1' fall rather than rise from the pavement to the front edge of thd sidewalk. Code requires a standard right-of-way grade of 3/4" per 1' rise from the back of the curb to the front of the sidewalk. To allow the cross-slope on the sidewalk to slope 1-1/2 % toward the site rather than the required 2% slope away from the site. e To allow a driveway slope of 1-1/2% toward the site rather than the minimum 2% away from the site. Mayor Pool stated that the request requires that a Quasi,Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. The following were sworn in by City Clerk Van Zile: Bob Shakar Joe Zagame Jane Zagame Rick McCoy 232 Mohawk Road, Clermont 10360 Lake Louisa Road, Clermont 10360 Lake Louisa Road, Clermont 713 W. Montrose Street, Clermont Bob Shakar stated that in order to meet Clermont Code, they would have had to bring in considerable fill material and construct a 5' wall across the front of the building. In addition, the developer believed they should abide by County guidelines, not Clermont code since Mohawk Road, which runs along the front, is County right-of- way. Rick McCoy, project engineer confirmed that Mohawk road and the entire project are designed to flow into the retention areas. Bob Shakar presented photos of Clermont Commons Lot 2, RaceTrac and a business on Highway 27. Jane Zagame asked the Council to approve the variances in that a 5' wall in front of the building would be unsightly. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 5 City Manager Saunders stated that staff recommends denial of all of the variances that have been requested. In order for the Council to grant a request, a hardship must be shown, and the hardship was created by the developer himself. City Manager Saunders stated that the intent of our Code is to have the edge of right- of-way and the sidewalks slightly above the grade of the edge of pavement. This is to eliminate any possible storm water or erosion from leaving the roadway or right-of- way and entering private property which creates a liability situation for the City. A problem exists for future improvements in that our Code requires the entire right-of- way to be graded as explained to accommodate future widening of roads. If the grade is allowed to drop from the existing edge of pavement as it does in this particular case at the time the roadway is required to be widened, significant additional work would have to be performed in raising the fight-of-way, replacing sidewalks, possibly building retaining walls to accommodate the additional width of the road. This section of Mohawk Road will in the future connect to North Ridge Boulevard which is now under construction. We anticipate this to be a major collector for not only Clermont, but Minneola and the area north of Highway 50 and will probably be a preferred bypass situation once that link is completed. That will necessitate widening of the road at some point. The point was made that this is Lake County fight-of-way and the County does not require the guidelines and that at the time of construction the developer thought he had to comply with County Code. The approved plans for Lot 2 described in detail how the right-of-way, sidewalks and driveway was to be constructed and no requests for changes to the plans were submitted or discussed with the City. Even though this is County right-of-way, City site plan approval does apply and was followed by the developer and received an approved plan. However, the developer took it on himself to not follow the approved site plans during construction. 96-282 A motion was made by Council Member Sargent to table the matter until ct Workshop meeting in January.. The motion died for lack of a second. 96-283 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carded four to one, with Council Member Sargent voting nay. to deny the three requested variances for Clermont Commons, lot 2. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 6 Donald L. Beal - Resolution No. 932 City Manager Saunders stated that Mr. Beal is requesting a Conditional Use Permit to allow construction of three duplexes located in the R-2 area described as Lots 18, 19, and 23 of Block 4, Sunset Heights which fronts on both Oak Street and Orange Avenue between East Avenue and Second Street. A Conditional Use Permit was granted for this project by the City Council on October 24, 1995, but has expired. The applicant is now requesting a new Conditional Use Permit for the same project. Mayor Pool read Resolution No. 932 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in the following: Wayne Sailors Sandy Sailors Rick McCoy 144 Oak Street, Clermont, FL 144 Oak Street, Clermont, FL 713 W. Montrose Street, Clermont, FL Rick McCoy stated the project is the same as was approved a year ago, with only preliminary plans drafted at this time. Wayne Sailors stated that last year when the previous Conditional Use permit was approved, the proposed project consisted of two-story buildings. He stated that only single-story homes are located in the neighborhood, and only one rental unit, which is located at the end of Oak Street, therefore, the project would not be compatible with the neighborhood. He was also concerned that a retention area was not included in the conceptual plans. City Manager Saunders stated that final engineering plans are not required to obtain a Conditional Use Permit, but before a building permit is issued, requirements such as retention areas, driveways and buffer areas must be provided for. Mr. Sailors asked if access would be allowed from Oak Street. City Manager Saunders stated that no access would be allowed from Oak Street unless approved by the City Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 7 Sandy Sailors stated that a year ago, adjacent property owners expressed their concern regarding untended grass and weeds. She reported that last summer the grass and weeds were waist high and she felt maintenance would be the same for a rental project. She stated she was against the project for this reason. City Manager Saunders stated that the Planning and Zoning Commission and the staff recommend approval. Mayor Pool closed the public heating. 96-284 A motior~ was made by Council Member Cole, seconded by Council Member Norquist, and carried three to two by roll call vote with Council Member Dupee and Council Member Sargent voting nay_ to adopt Resolution No. 932. Lake County Schools Credit Union - Resolution No. 933 City Manager Saunders stated the Lake County Schools Credit Union is requesting a Conditional Use Permit to allow construction of a professional office in an R-3 area located on Highland Avenue described as Lots 1-5 and a portion of Lot 6 in Block 8 of Woodlawn Subdivision which is located immediately west of Sands Apartments. He stated that the Credit Union was granted a Conditional Use Permit for this project in October of 1995, but has expired. The request is for a new Conditional Use Permit with no changes to the proposed project. Mayor Pool read Resolution NO. 933 by title Only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Susan Peck, 1250 N. Magnolia Circle, Eustis. Susan Peck had no comments, but offered to answer any questions. City Manager Saunders stated the same request was granted a year ago. The Planning and Zoning Commission and the staff have recommended approval. Mayor Pool closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 8 96-285 A motibn was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No, 933. Donald Coxe - Resolution No. 934 City Manager Saunders stated the applicant is requesting a Conditional Use Permit to allow the operation of a walk-in medical clinic to be located in an existing building located at the southwest comer of Highway 50 and Bloxam Avenue. This is the rear section of the Circle K Building and was previously occupied by Don's Chain of Lakes Auto Parts. Mayor Pool read Resolution No. 934 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in the following: Wanda Coxe Stuart McPhee 310 Crestview Drive, Clermont 8103 C.R. 561, Clermont, FL Stuart McPhee explained that he is requesting a Conditional Use Permit in order to locate a walk-in medical clinic at 1440 Bloxam Avenue. City Manager Saunders stated that the surrounding zoning is C-2 Commercial with various commercial uses on the north, east, and west, and residential to the south. Our Comprehensive Plan and Future Land Use Map allows for the development of professional or commercial uses. Additional parking will be required and can be accommodated on the south side of the building as shown on the enclosed site plan. Planning and Zoning and staff recommend approval of the request. Mayor Pool closed the public heating. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 19915 Page 9 96-286 A motion was made by Council Member Dupee, seconded by Council Member Sargent. and carried unanimously by roll call vote to adopt Resolution No. 934. UNFINISHED BUSINESS Osceola Street Special Assessment - Resolution No. 931 City Manager Saunders stated that the Public Hearing allows property owners to speak on the propriety and advisability of making the improvements, which is the construction of Osceola Street between West Avenue and 8th Street. Property owners have been sent individual notices of the public heating along with a complete copy of the preliminary assessment roll which indicates the estimated amount of assessment for each property owner. Bids have been received and a final assessment roll has been prepared which reflects a slight decrease in cost. Mayor Pool opened the public hearing. James Flavin asked where the list of property owners was taken from. City Manager Saunders stated that the owners names were taken from the Lake County Tax Appraiser's map. The assessment was calculated according to the front footage on Osceola Street. Mr. Flavin stated that Blackburn Surveying does not indicate any Osceola Street frontage. City Manager Saunders stated he will review this with staff. Don Evans asked about "that part of closed Osceola Street". City Attorney Baird stated that this portion of Osceola Street was never officially closed. He asked about obtaining elevations so that he can adjust his driveway. City Manager Saunders will provide this to him. John Keller-Rober asked about power lines. City Manager Saunders stated that power will be placed underground at the City's expense in this portion of Osceola Street. The property owners are only being assessed for one-third of the estimated cost of construction for a two-lane street with required storm water drainage system.' The project will also include parallel parking along the north side of the street, a sidewalk along the south side of the street, additional storm water improvements to aid in the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 10 handling of the, Central Business District storm water, and a new water line. The City will pay 100%;of the cost of these additional improvements. The Rails to Trails project also includes an 8' wide section of the Rail Trail which will be constructed along the north side of the street. Steve Vessels asked how the assessment was figured. City Manager Saunders stated that the front footage is determined, with the cost figured per front foot. The City pays one-third and property owners on either side pay one-third each. Mayor Pool closed the public hearing. Council Member Norquist declared a conflict of interest and stated he will abstain from voting. 96-287 .4 motion was made by Council Member Cole. seconded by Council Member Dupee. and carried unanimously, with Council Member Norquist abstaining, to levy, the Osceola Street assessment. Mayor Pool stated that the Council was now called to order as an Equalizing Board to consider complaints from Osceola Street property owners on the basis of equitable considerations. City Manager Saunders stated that property owners can explain why their particular property will not benefit from the proposed project as much as some of the other properties to be assessed. Council may adjust or lower an assessment on an individual property and raise the assessment on other properties as an equalizer. Mayor Pool opened the public hearing and asked for comments. No one asked to speak, and Mayor Pool closed the public hearing. City Manager Saunders stated that Resolution No. 931 equalizes the special assessments, approves the equalization, and provides for liens upon the property for the special assessments. The final assessment roll will be attached to Resolution No. 931 as presented and it will be recorded. The assessment resolution adopted previously allows the assessments to be paid' over a period of five years at the interest rate of 8 percent. Mayor Pool read Resolution No. 931 by rifle only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 11 96-288 A motion was made by Council Member Cole, seconded by Council Member Sargent. and carried unanimously by roll call vote, with Council Member Norquist abstaining, to adopt Resolution No. 931. Ken Norquist - Resolution No. 927 City Manager Saunders requested that Resolution No. 927 be tabled to the first meeting in January. 96-289 A motion was'made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously, with Council Member Norquist abstaining, to table Resolution No, 927 to the Janua~ 14, 1997 .regular Council Meeting. NEW BUSINESS Magnolia Pointe Development, Inc. - Utilities Agreement City Manager Saunders explained that they have been working with Magnolia Pointe Development, Inc. regarding the development of an approximate 140 acre site located east of our current City limits in the Johns Lake area approximately 2/3 of a mile west of the Orange County line. The agreement provides for furnishing wat& and sewer to the site. There is a potential for approximately 528 residential units. He reviewed three minor changes in the agreement. City Manager Saunders stated that the agreement provides that the City will design and permit within six months the water and sewer improvements necessary to provide service to the entrance of their property on Highway 50. This will include a water line extension from the Greater Hills area on Highway 50 of approximately 8,000' and a sewer line along with two lift stations from their site along Highway 50 to the intersection of Hancock Road and south of Hancock Road connecting to the existing sewer line north of the Hancock Road lift station. The developer will be responsible for the actual construction of the improvements according to the City's plans and the City will provide inspections for the construction. The developer will pay 100% of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 12 the associated costs of construction for the sewer line and lift stations, including oversizing of the pipe lines and wet wells. If the City should wish to oversize the lift station equipment, that will be done at the City's expense. The developer will pay the cost associated with installing the minimum size water line to provide potable water and fire flow to their site and the City will pay the additional cost of oversizing the water line which we anticipate will be approximately $100,000. The developer will receive impact fee credits for the costs associated with the off-site improvements, The City will collect the current impact fees as building permits are pulled and refund to the developer that portion of the impact fee that was in effect at the time the improvements are accepted by the City. The developer is required to pay to the City the flat fee to be charged by the City Engineer for the design and permitting of the off-site improvements. This payment is required at the signing of the agreement. The City's costs associated with oversizing the water line or possible oversizing of lift stations will be due upon completion of the improvements. The developer also agrees to annex the property into the City limits at the time it becomes Contiguous. 96-290 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the Magnolia Pointe agreement. ~ Resolution No. 935 - Amending Rate Schedule at Jenkins and Highlander Hut City Manager Saunders stated that Resolution NO. 935 will amend the rate schedule for the rental of Jenkins Auditorium and the Highlander Hut. He stated that it has been several years since the rate had been adjusted. Mayor Pool read Resolution No. 935 by title only. 96-291 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No, 935. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 13 Resolution No. 936 - Amending Non-Resident Recreation Fees City Manager Saunders stated that the City has had a non-resident recreation fee of $25 for several years. The money collected helps defer the cost of maintaining and operating recreational facilities. Because the recreation programs are comprised of approximately 70 % unincorporated area participants, we have asked the County Commission for several years to make provisions for those non-residents. This resolution will amend the current non-resident recreation fee. Lake County has appropriated $200,000 in their current budget to be distributed to cities providing recreational services to non-city residents. In order to receive County funding, the City cannot charge a fee to residents of the unincorporated areas for the recreational programs. We will be required to keep a roster through next August of any unincorporated residents that register for the programs such as Little League and submit that list to Lake County. Once the COunty receives the list from all the cities, the $200,000 will be distributed on a per registrant basis. There are no guarantees to the amount per registrant that we will receive, however, it is anticipated to be less than the $25 that is now being collected. Anyone living in Minneola and Montverde, Groveland and Mascotte that registers for one of our programs will not be covered under the County subsidy. Therefore, our amended resolution still requires the non- resident fee for any registrants from other cities. 96-292 A motion was made by Council Member Dupee, seconded by council Member Cole, and carried unanimously by roll call vote to adopt Resolution No, 936. Bid Award - Construction of Portions of East Avenue and Osceola Street City Manager Saunders stated seven bids were received for the construction of the East Avenue improvements and the Osceola Street improvements. The East Avenue project includes the straightening of East Avenue, the re-alignment of the western end of Grand Highway to line up with a new intersection with Palm Lane (also to be constructed as a part of this projec0 leading from East Avenue to the main entrance of the new Waterfront Park. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 14 City Manager Saunders stated that the project also includes the removal of asphalt along Lake Minneola Drive, converting this from a street to a recreational trail. We are required to construct a storm water swale along the south side of Lake Minneola Drive from Bell Ceramic to East Avenue to handle the storm water runoff. This will eliminate the direct runoff into Lake Minneola from East Avenue. The project also includes remOVal of the existing East Avenue pavement that is being replaced by the re-alignment. The Osceola Street project is the construction of two lanes plus parallel parking, a sidewalk, associated storm water improvements, and a new water line from West Avenue to 8th Street. We will also be required to re-construct existing driveways and access points for the adjacent properties. The low bid for the project was received from Southland Construction in the amount of $499,022.95. The East Avenue portion of the job is $368,815.90. The original estimate and budget for East Avenue was $360,000. The Osceola Street portion is $130,207.05. He recommended approval of the low bid from Southland Construction in the .amount of $499,022.95. 96-293 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to award the East'Avenue and Osceola Street construction to Southland Construction in the amount of $499,022,95. Final Change Order with CFE - Waterfront Park Site Work City Manager Saunders requested that the final change order to CFE Corporation in order to close out the Clermont Waterfront Park Phase 1 project for the parking lot, recreational trail, and associated improvements be tabled until the January 14, 1997 meeting. 96-294 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to table the final change order to CFE Corporation for the Clermont Waterfront Park Phase ttntil the Janua~_ 14, 1997 meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1996 Page 15 Lake County Recreation Agreement for Recreation Facilities City Manager Saunders stated that Lake County has awarded a recreation grant of $17,900 to the City for the resurfacing of 16 shuffleboard courts at Kehler Park and the development of a small playground on the City owned property at the end of Montrose Street at the intersection with 12th Street. 96-295 ,4 motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the Recreation Grant with Lake Count_ in the amount of $17,900. Lake Community Action - Appointment of Director City Manager $aunders stated that Lake Community Action Agency has requested that the City reappoint a member to the Board of Directors. Council Member Cole has served our community well in this capacity for many years. 96-296 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to appoint Council Member Cole to the Lake Communi~. Action Agency_ Board of Directors, and that the nominations cease. There being no further business or discussion, the meeting adjourned at 10:10 p.m. Attest: Robert A. Pool, Mayor E. Van ~City clerk COUNTY, MUNIClP AND' OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME lNG ..~DDRES~ CITY COUNTY DATE ON WHICH VOTE OCCURRED NAME'OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI'I'rEE THE BOARD_~UNCII., COMMISSION, AUTHORITY, OR COMMI'I~'EE ON WHICH I SERVE IS A UNIT OF: :; CITY !'~ COUNTY ; ' OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: :I 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 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 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: 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 TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN:. · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for :ording 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 I()i~Xl nil liJ.8~ PAGE IF YOU MAKE NO ATTEMPT T° INFLUENCE THE DEC!SION 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 15 days after the vote occurs with the person responsible for recording of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST ~ '~~ , hereby disclose that on measure came or will come before my agency which (check one) ~ed to my special private gain; or 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: 0/:27 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}!!2.317 (1985), A FAILURE TO MAKE ANY REQUIREE 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 IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM RB - lO-R6 r,~T:, - PORM eib MEIV t3RANDUM*.OF VOTIN, 'GONFLIG;T FOR COUNTY, MUNICIt L, AND OTHER LOCRt, 'PUBLIC OFFICERS I.AST NAME--FIRST NAME--MIDDLE NAME dAILING ADDt CITY COUNTY DATE ON WHICH VOTE OCCURRED NAME 'OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE THE~~' " ~ BO~, ~.~.JNCII., COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: :.'; CITY t ~ COUNTY i ! 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 !!2.3143, 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 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 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 thc 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 TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE 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 liIR\l HI{ IIl-I~fi PAGE IF YOU MAKE NO ATTEMPT T° 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 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 .. inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · 19 : , by whom I am retained. Date Filed Signature / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. FORM MEI ORANDUM"OF VOTII ] 'CONFLICT FOR COUNTY, MUNICIII L, AND OTHER LOCIIR, *PUBLIC OFFICERS EAST NAME--FIRST NAME--MIDDLE NAME CITY COUNTY DATE ON WHICH VOTE (X'CURRED NAME'OF. BOARD~N, AUTHORITY, OR COMMITYEE THE ~OA~R 'OUNCII., COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: i; CITY !.~ COUNTY ; ! OTHER LOCAL AGENCY NAME OF POLI'[ICAL 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 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 OELECTED 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 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: 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 TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE 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 I ¢IRNI nH 10-1,16 PAGE IF YOU MAKE NO ATTEMPT T° INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You'should disclose orally the nature of your. confl!Ct in the m.eas~re befor, e participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, ~ '~~ , hereby disclose that on / (a) A measure came or will come before my agency which (check one) '~inured to my special private gain; or . inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Signature / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 r,, ~,: -