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06-23-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 A regular raeeting of the City Council of the City of Clermont was held Tuesday, June 23, 1998 al: Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Wolfe, Council Member Brown, Council Member Cole and Council Member Norquist. Other City officials present were City Attorney Baird, Planning Director Harker, Finance Director Van Zile and Clerk Beasley. ~ 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 June 9, 1998 were approved as presented. CITY MANAGER SAUNDERS' REPORT Emergency Fireworks Restriction Ordinance City Manager Saunders stated that Lake County Commissioners passed an emergency resolution declaring a state of emergency for Lake County declaring it unlawful for the sale, purchase, use, discharge, dispensing or displaying of fireworks, sparklers and other pyrotechnic novelties. It is also includes the discharge of flares, explosives, and open burning. This is also effective in the city limits. He stated only one permit was issued for the sale of fireworks which will be revoked. Water Restrictions City Manager Saunders stated that the long drought has impacted the City's water system and he asked for voluntarily restrictions by watering on an odd and even basis with odd numbered addresses watering on Monday, Wednesday and Friday and even numbers watering on Tuesday, Thursday and Saturday, with no watering between the hours of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 2 10:00 a.m. and 4:00 p.m. and no watering on Sunday. If conditions worsen, he asked Council's authority to upgrade the voluntary restrictions to mandatory restriction. A motion was made by Council Member Cole, seconded by Council Member Brown and Carried unanimously to request volunta~ water restraints with odd numbered addresses watering on Monday, Wednesday and Friday, even numbered addresses watering on Tuesday, Thursd~ and Saturday with no watering between the hours 0£10:00 a.m. and 4:00p. m. and no watering on Sunday. !f conditions worsen, the restrictions may be upgraded to mandato~. Council Workshop Council Members agreed to hold a Workshop on Thursday, July 9 at 6:00 p.m. in. the Police Department community room. CITY ATTORNEY BAIRD'S REPORT City Attorney Baird stated that Mr. Sutton's attorney reported he has accepted the offer to purchase property for access to the new boat ramp and they will be closing in a few days. He also reported that Mr. Norquist informed him that he has no need for the parcel of land that was to be swapped with his parcel that is needed for access to the boat ramp. He also reported that Mr. Norquist has no need for his parcel that is needed for access and he will donate the parcel to the City. MAYOR POOL'S REPORT Lake Lowery Water Diversion Mayor Pool mentioned he received a letter from Nancy Fullerton regarding the Lake Lowery issue and she has asked that the City not make any deals with Polk County and continue to request that the culverts be closed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 3 Brogden Road Stop Sign Mayor Pool reported that Lakeview Hills Community Association has requested a three- way stop sign on Brogden Drive for the safety of children and adults. City Manager Saunders stated that Chief Story verified there is a problem on Brogden Road and quite a few tickets are issued there. Council Member Norquist felt stepping up the efforts of the Police would be more effective than a stop sign which may cause other problems such as restricting the flow. A Lakeview Hills homeowner in the audience stated that she was one of 150 homeowners and they all want a stop sign. A motion was made by Council Member Cole, seconded b~ Council Member Wolfe, and carried unanimous!¥ to place a 3-wa? stop sign on Brogden Drive_for 6 months to evaluate the per_formance with a report back to the Council. National Triathlon Mayor Pool commented that the triathlon that was held last weekend was the largest triathlon ever held and was one of the best events held in Clermont. CFT Sommer Sports and the Orlando Regional Health Care System did an excellent job. The triathlon was attended by the world's best athletes. He congratulated the City, the Sheriff's Department and all the others involved. COUNCIL MEMBER WOLFE'S REPORT Council Member Wolfe reported a couple of telephone calls from citizens concerned about the firework sales. He stated the Council should pass an emergency ordinance restricting the sale of fireworks in the event the County ordinance does not include the City limits of Clermont. City Attorney Baird stated the City may have some liability to the fireworks vendor that was previously granted approval and has expenditures for lot rent and erecting a tent. He will research the issue. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 4 98-185 A motion was made bY Council Member Wolfe, seconded by Council Member Cole, and carried unanimously to pass an emergency ordinance restricting the sales Offireworks within the Ci~ of Clermont to coincide with the ordinance from Lake Countv to take effect only if Lake Countv's ordinance does not supercede the Ci~'s ordinance. VISITORS WITH BUSINESS Kmart Kids Race Against Drugs City Manager Saunders stated that the Kmart Kids Race Against Drugs event is planned for the Kmart parking lot for October 31 and November 1. This will be the second year that this event has been held at this location which is held by Momentum, Inc. They request a tent permit in the Kmart parking lot. No complaints were received from this event last year and he recommended approval of the event for the dates requested. 98-186 A motion was made by Council Member Brown, seconded bp Council Member Norquist and carried unanimous!¥ to approve a tent permit for the Kmart Kids Race Against Drugs for the Kmart parking lot on October 31 and November 1. Robert Walker - Variance Request Mayor Pool stated that Robert Walker is requesting a variance for a front yard setback of 23' where 35' is required for lot 168, Clermont Heights on the east side of 4 th Street. City Manager Saunders stated that the applicant is stating the purpose of the variance is to protect a large oak tree that is shown on the survey that is attached to their application. The home to the north is set back 23' from the right-of-way and there is currently a vacant lot to the south. The City's tree ordinance does allow for the protection ora large tree as the basis for a variance for setbacks. He stated that staff recommends approval of the request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 5 Mayor Pool stated that the request requires a Quasi-judicial hearing and that anyone wishing to speak for or against the request need to be sworn in. City Clerk Van Zile swore in Robert Walker, 18638 Highway 19, Groveland. Robert Walker stated they want to save a very large tree and if they were granted a variance of a 23' front yard setback rather than 35' they could save the tree. The home to the north is located 23' back from the right-of-way. City Manager Saunders agreed that the request is not out of conformance with the other homes on this street. Mayor Pool closed the public hearing. Council Member Norquist stated he would abstain from voting because of his relationship with Mr. Walker. 98-187 A motion was made bp Council Member Cole, seconded bP Council Member Brown, and carried unanimousl_¥ with Council Member Norquist abstaining to allow a 23' front yard setback rather than 35'_for lot 168, Clermont Heights for Robert Walker. George Wood - Resolution No. 1005 Mayor Pool stated that George Wood is requesting a Conditional Use Permit to allow the operation of a professional office in conjunction with a residential unit at 1260 Grand Highway. Mayor Pool read Resolution No. 1005 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 against the request need to be sworn in. City Clerk Van Zile swore in George Wood, 1260 Grand Highway. George Wood stated that he hopes to use the building at 1260 Grand Highway for both a residence and a professional office. The building was previously used as a doctors office which has a greater traffic use than what he proposes. City Manager Saunders stated that the site is at the northwest comer of Grand Highway and Almond Street. This location was previously approved for a professional office. The request is for a combined use of an office and residence. The Planning and Zoning Commission and staff recommend approval with the conditions as stated in Resolution 1005. Mayor Pool closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 6 98-]_88 A motion was made bY Council Member Norquist, seconded by Council Member Wolfe, and carried unanimously by roll call vote to adopt Resolution No. 1005 granting a Conditional Use Permit to George Wood for a combined professional Office/residence at 1260 Grand Highway. Levitt Homes, Inc. - Resolution No. 1006 Mayor Pool stated that Levitt Homes has requested an amendment to the existing Conditional Use Permit for a change in the legal description of the project. He read Resolution No. 1006 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 needs to be sworn in. No one asked to be sworn in. City Manager Saunders stated that the Council previously approved a Conditional Use Permit for the Levitt Homes, Inc. development located north of S.R. 50 and east of the northern extension of Hancock Road. The alignment of North Hancock Road which is the eastern boundary of the project has been changed subsequent to the approval of the Conditional Use Permit resulting.in a new legal description of this project. There is no proposed change to the overall project. Staff and the Planning and Zoning Commission recommend approval. 98-189 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 1006 granting an amendment to a previously approved Conditional Use Permit allowing an eastern boundar~ change to Levitt Homes, Inc. Lake County School Board - Resolution No. 1007 Mayor Pool read Resolution No. 1007 by title only and stated the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or against the request needs to be sworn in. City Clerk Van Zile swore in Jerry Cox, Tavares. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 7 Jerry Cox stated he represented the Lake County School Board. He thanked City Manager Saunders and the planning staff for their help. Approval of the request will allow a middle school on Hancock Road. City Manager Saunders stated that the middle school to be located on Hancock Road south of and adjacent to the City's sewage treatment facility. School Board staff has worked extensively with City staffto cover all the issues. Planning and Zoning and staff recommend approval with conditions as stated in Resolution No. 1007. Mayor Pool closed the public hearing. 98-190 A motion was made by Council Member Cole, seconded bY Council Member Brown, and carried unanimously bp roll call vote to adopt Resolution No. 1007 granting a Conditional Use Permit to Lake Coun_ty School Boardfor construction ora new middle school on Hancock Road. Lake County School Board - Resolution No. 1008 Mayor Pool read Resolution No. 1008 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 needs to be sworn in. City Clerk Van Zile swore in the following: William Smith Jerry Cox John Zagame 2268 Woodhill Avenue, Orlando Tavares 804 High Point Circle, Clermont William Smith stated he has owned 10 acres for 30 years which is near the proposed elementary school and has used an access road to it from Johns Lake Road. He was concerned that the road would be cut off and he wouldn't be able to access his property. Jerry Cox stated that this road does not appear on the plat, but there is an easement for access off from Hancock Road that was granted by Kings Ridge. John Zagame of Jaymark Builders stated that the County has plans to extend Johns Lake Road through the Lost Lake Reserve and out to U.S. 27. He thanked the City staff for all the help and cooperation with the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 8 .City Manager Saunders stated that staff and the Planning and Zoning Commission recommend approval with the conditions stated in Resolution No. 1008. Mayor Pool closed the public hearing. 98-191 A motion was made bP Council Member Cole, seconded bP Council Member Brown, and carried unanimously bp roll call vote to adopt Resolution No. 1008 granting a Conditional Use Permit to Lake Coun~ School District_for the construction of an elementa~ school to be located on Johns Lake Road. UNFINISHED BUSINESS Final Reading of Ordinance 288-C City Attorney Baird stated that the ordinance was introduced at the last meeting and when adopted it will eliminate the requirement that requires the City Manager to live within the City limits during his tenure of office. The City Council can regulate the issue by contract. Mayor Pool read Ordinance 288-C by title only and opened the public hearing. Charles Forth reported that the public notice for Ordinance 288-C was published with an incorrect date of June 26, not June 23. He asked that this be corrected and brought back at another time. City Attorney Baird stated it is his opinion that the legal notice is effective under the statute and can be dealt with tonight. J.M. Vandermeer stated he was on the Council when the residency requirement was incorporated when the first city manager was hired. At that time there were no cell phones, no beepers and things were different. He stated that adopting Ordinance 288-C would be the right thing to do at this time and there are many more important things to spend time on than an issue like this. Matt Modica stated that the issue should be brought before the voters on a referendum. He also stated the City Manager's direction along with the city should be discussed CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 9 because there is a lot of frustration in the City about the direction we are going. He stated that the Visioning Session several weeks ago included about 200 people who were not in favor of annexation. The majority of the Council Members and the City Manager are in favor of annexation. Because the frustrations of the community are very severe, he recommended that Mr. Saunders should be put on a referendum and see if the people of Clermont will or will not support him moving into the City. Carlos Solis asked each Council Member if they had a problem with Mr. Saunders. Each responded they had no problem but Council Member Wolfe who stated that was not the issue. Mr. Solis stated the issue should be voted on and go on to other things. Howard Barry stated he had no problem with Mr. Saunders, however, he was concerned if the Council adopted the ordinance, it would be an illegal procedure. Mayor Pool stated that legal advice has been obtained which confirms the ordinance is legally correct. Linda Charleton asked if the State Attorney General had been contacted. City Attorney Baird stated that it is his legal opinion that the Council has the authority to address the issue by ordinance. Mayor Pool explained that if the issue was placed on a referendum that future Councils would be required to deal with the issue again only by referendum. Kristine Sette asked how the charter was decided. City Attomey Baird stated that prior to the Home Rule legislation in 1974, the State Legislature issued charters to Municipalities. John Rocker stated that said that it has been common for city managers to stair-step and leave after just a few years. He thought it is uncalled for to ask Mr. Saunders to move into the City. Irene Moore stated ~at rules are made to be changed and Mr. Saunders is doing a good job. She didn't support putting the issue on a referendum. Clyde Hendry didn't understand why the Council is trying to avoid a referendum. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING ~UNE 23, 1998 Page 10 Joe Washuta stated the past Council created a problem and this Council should put it to a vote and correct it. Charlene Forth stated she talked to people at the Municipal Code Corporation who are only in the business to codify, not give opinions. They are not a legal authority. She was concerned that the rules were being broken. She asked for a referendum. Jim Johnson stated there are significant costs for every referendum and he suggested going on with the business of the City. Robert Porter disagreed with the residency requirement being a legal issue. He suggested getting on with the business at hand. Jim Grant stated two new Council Members were elected last September and another election will be held this September and he urged everyone to v6te. He stated a referendum could easily be included. John Hasel stated that we are wasting time. Dennis Atwood stated the City would restrict itself in bringing in good people in the future if the residency requirement is preserved. Mayor Pool closed the public hearing. Council Member Wolfe stated the right to vote is important and the issue can easily be included in the next election. Council Member Norquist stated that he is concerned that this issue is a level of harassment. If the issue was placed on referendum it would be like placing Wayne Saunders on the ballot and he would be running for his office. Council Member Cole stated this issue shouldn't even be an issue. There are many more important issues that they need to be concerned with. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 11 Council Member Brown was concerned with the legal issue. He stated that the Council that allowed the residency requirement to be ignored should take some of the blame. He felt the people should be allowed to decide the issue. Mayor Pool stated the issue is not about Mr. Saunders, but about where the future city managers should reside. He was concerned that a referendum would require that the issue could be changed only by another referendum. 98-192 A motion was made bY Council Member Cole, seconded by Council Member Norquist, and carriedfour to one by roll call vote with Council Member Wolfe voting nay to adopt Ordinance 288-C. Ordinance 349-M City Manager Saunders stated that Jimmy Crawford, attorney for the property owners regarding Ordinance 349-M asked for a continuance. Mr. Crawford stated that a petition has been filed against annexing the property and they have agreed to meet and work out the differences. He requested a one-month postponement. 98-193 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried unanimously to table Ordinance 349-M until July 28, 1998. Ordinance 350-M Jimmy Crawford, attorney for the property owners, requested a continuance for Ordinance 350-M. 98-19~ A motion was made by Council Member Norquist, seconded by Council Member Wolfe, and carried unanimously to table Ordinance 350-M until July 28, 1998. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 12 Final Reading of Ordinance 354-M City Manager Saunders stated that Ordinance 354-M will adopt the City's Small Scale Comprehensive Plan amendments. These were previously discussed with the Council at a workshop meeting. Mayor Pool read Ordinance 354-M by title only and stated that a Quasi-Judicial hearing is required and anyone wishing to speak in favor of or in opposition needs to be sworn in. Planner Brown reviewed the applications of Kevin and Beverly Cunningham for Sunnyside Drive and Bowman Street from Residential/Professional to Residential/ Professional. The staff and the Planning and Zoning Commission recommend denial. City Clerk Van Zile swore in the following: Harold Roberts James Hawkins Elsie Vaning Margerite Sparks 1115 Chestnut Street 1400 Bowman Street 15 Sunnyside Drive 19 Sunnyside Drive Harold Roberts and James Hawkins stated that if this was allowed, it would encroach too far into the residential area. Mrs. Sparks and Mrs. Vaning also objected to the request. Planner Brown reviewed the application of Asbury Floyd for the NE comer of Bloxam Avenue and DeSoto Street from Residential to Commercial. The staff 'and the Planning and Zoning Commission recommend approval. No one asked to speak regarding this request. Planner Brown reviewed the application of Jim Gant for the comer of Sunnyside Drive and Laurel Street from Residential to Residential/Professional. The staff and the Planning and Zoning Commission recommend denial. City Clerk Van Zile swore in James Hawkins, 1400 Bowman Street and Harold Roberts, 715 Chestnut Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 13 Mr. Hawkins stated that stated the block from Bowman to Laurel would be changed from commercial and they are opposed. Harold Roberts stated he believes that staff and the Planning and Zoning Commission's recommendation for denial is a good recommendation. Planner Brown reviewed the application of Mary L. Hull-Harris for the NW comer of the intersection of B loxam and Minnehaha from Residential to Residential/Professional. Staff and the Planning and Zoning Commission recommends approval. No one asked to be sworn in. Planner Brown reviewed the application of John Kamanar for 872 Hook Street from Residential to Residential/Professional. The staff and the Planning and Zoning Commission recommend denial. City Clerk Van Zile swore in the following: John Hasel Nancy Stewart Mary Caldwell 861 N. Waterview Drive 873 N. Waterview Drive 860 N. Waterview Drive Nancy Stewart stated that she was opposed to the request. She stated that the intersection of Grand Highway and Highway 50 was already overburdened. Mary Caldwell was also opposed. John Hasel was concerned that the entire area would change to a business area and he wanted to keep it residential. Planner Brown reviewed the application of Kathy M. Hillary for 10 acres located at U.S. 27 and Steve's Road from Residential to Commercial. The staff and the Planning and Zoning Commission's recommends approval. No one asked to be sworn in. ~98-195 A motion was made by Council Member Norquist, seconded bp Council Member Brown, and carried unanimously by roll call vote to adopt Ordinance 354-3/1,, denying Kevin and Beverl_¥ Cunningham, Jim Gant and John Kamanar and approving Asbury FloYd, Ma~_ L. Hull-Harris, and Kathy M. HillarF ' s requests. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 14 NEW BUSINESS Lake County Interiocal Agreement City Manager Saunders stated that the proposed interlocal agreement between Lake County and the City of Clermont provides for a unified local mitigation strategy which will help reduce the City's risk to natural disasters. The program is being funded by the Department of Community Affairs and each county is being requested to enter into agreements with all of their cities in order to present a single unified strategy. The City's role will be to meet with the county and other representatives and help identify potential hazardous areas or situations that may occur when disaster hits and be better prepared to deal with the problems. The City will receive $7,500 for help in providing the informa- tion that will be needed in order to produce this study. He recommended approval. 98-196 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve the interlocal agreement with Lake County for a Unified Local Mitigation Strategy. Water Authority Agreement City Manager Saunders stated that the proposed joint participation agreement between the Water Authority and the City pertains to a grant in the amount of $120,000 for the construction of the new boat ramp. He reviewed an item on page 3, Section 5e, which designates at least 50% of the parking spaces for Lake County residents. He recommend approval of the agreement. 98-197 A motion was made by Council Member Cole, seconded bP Council Member Norquist, and carriedfour to one with Council Member Wolfe voting na~ to approve the_/oint participation agreement between the Water Authority and the City for a grant in the amount of $120, O00_for the construction of the new boat ramp. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 15 Bid Award - Contract Mowing City Manager Saunders recommended that the bid for contract mowing be awarded to Cajun Custom Care for the remainder of this year which will be 21 weeks of mowing for $8,715. The bid allows for an extension of one year which will include the 30 week mowing period in 1999 for $12,450. 98-198 A motion was made bY Council Member Norquist, seconded by Council Member Wolfe, and carried unanimously to award a mowing contract for the remainder of this year (21 weeks)_for $8,715 to Ca/un Custom Care, which includes a one-year extension for 30 weeks in 1999 for $12,450. Change Orders City Manager Saunders stated that Change Order No. 2 is for East Avenue and Osceola Street construction. He recommended approval as follows: Change Order No. 2 for $11,482.81 for Southland Construction will close out the East Avenue and Osceola Street projects. The change order provides for the final quantities and measurements of the project. Sunshine Building and Development Corporations's Change Order 5 for the East Lift Station Project in the amount of $1,856.62 is for additional piping and fittings. Change Order 6 for $6,590, is chiefly for additional electrical require- ments for hook-up of the lift stations, including additional piping and conduit. 98-199 A motion was made bY Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve Southland Construction Change Order #2 in the amount orS11,482. 81_for the East Avenue and Osceola Street pro/ects, and Sunshine Building and Development Corp. _for the East Lift Station Prq/ect Change Order #5 in the amount 0f$1,856.62 and Change Order #6for 6,590. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 23, 1998 Page 16 AUDIENCE COMMENTS Triathlons Dick Cavender asked how many triathlons were coming to Clermont and if the Waterfront Park was built for Clermont residents or for outside events. He stated that last weekend's Triathlon made the park and the boat ramp unavailable to area residents. The Deputy Sheriff also kept us from returning home and the street was clear (comer of 3rd and Orange). Conflict of Interest Rodney Lyons addressed the Council regarding the City Attorney's ability to also represent the Code Enforcement Board. City Attorney Baird stated that there was a provision in the statutes that allowed this. Mayor Pool suggested this could possibly be discussed at a future workshop. Mr Lyons also asked the City to review the copy charge to the public. Minneola Water Shortage John Zagame reported that '~,.~; Minneola just passed a resolution at their meeting tonight authorizing their staff to work with Clermont's staff to share water with Minneola to help during their water shortage crisis. There being no further business or discussion, the meeting adjourned at 10:08 p.m. Attest: ~ph E.t/~~rk FORM aB Mt I]ORANDU'M' OF VOT 'CONFLICT FOR COUNTY, MUNICIPAL, AND' OTHER LOCAL' 'PUBLIC OFFICERS LAST NAMI:--FIRST NAME--MIDDLE NAME Ken ~or ui t ' ADDRESS 848 Osceola Street. '. CITY COUNTY Clermont, FL 34711 DATE ON WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMI'rrEE Clermont City Council ·. THE BOARD, COUNCIl., COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X ;' CITY ~ ' COUNTY -' I; OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Clermont 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 conflictI 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 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 aisc 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 Ihe 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 aisc is prohibited from knowingly voting on a measure which inures to the special gain of a principal (olher 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: i, 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 II~li'~l ~H Iii. Ii6 IF YOU MAKE NO A'ITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETI · You'should disclose orally the nature of your conflict in thc 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 minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST !, Ke. N0rquist , hereby disclose that on (a) A measure came or will come before my agency which' (check one)/ / X inured '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: Date Filed S~gnature 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 RR - In. R6