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06-01-2004 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 The meeting of the Planning & Zoning Commission was called to order Tuesday, June 1, 2004, at 7:00 p.m. by Chairman David Pape. Members present were Maggie Miller, David Lange, Roger Pierce, Henry Rhee, Carolyn Mathieson, David Outlaw. Richard Tegen and Sy Holzman. Also in attendance were Barry Brown, Director of Planning, Curt Henschel, Planner, Sharon Farrell, Planner, and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held May 4, 2004 were corrected by replacing the name David Pape with David Outlaw on page 6, the 4th paragraph from the bottom. The minutes were approved as amended. REPORTS Commission Member Miller noted that the addendum to the April 2004 minutes submitted by her at the May meeting was not forwarded to the City Council. She went on to read into the record a report authored by her. In the report Commission Member Miller asked that the approval granted by the City Council for the Messy Dog project be set aside and readdressed after they have the benefit of being more completely informed on the matter citing that staff had not provided a copy of the addendum to the City Council. • There was discussion among the Commissioners as to how to address this report. It was decided to table it until the end of the meeting. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: E. W. Griffith OWNER: Family Christian Center REQUEST: To amend existing CUP to allow for a Kindergarten through 12th grade school and a Pastor's college. LOCATION: 2500 S. Highway 27 EXISTING LAND USE: Church FUTURE LAND USE DISTRICT: Undeveloped District 8 (UD-8) FUTURE LAND USE CLASSIFICATION: Residential • ZONING: R-1-A, Single Family Low Density/Residential City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 Planner Curt Henschel introduced this request by saying that the applicant requests an amendment to the existing church CUP for the expansion of educational programs. The educational programs will include kindergarten through 12th grade and a college for pastors. Currently the church is permitted to operate apre-school program through the existing CUP. With the rapid growth that the church has experienced there has been a demand for additional educational programs. The immediate goal is to open a kindergarten through 6th grade program at the beginning of this new school year 2004/2005. The school will be held in the existing worship facility that already contains classrooms. They anticipate opening with 60 students including the students in pre-school. A Pastors college facility is planned for a later date as the master site plan is developed, However, the church would like to include this request with the educational programs at this time. Staff recommends approval of the stated uses. Curt Henschel added further that the church would have to go through site review and it would be determined then if there was adequate parking and drop off space. • Edward W. Griffith, 15009 Green Valley Blvd., Clermont, FL 34711 was sworn in and said that the local schools are overcrowded and that they hope to relieve that somewhat. In addressing the concern with drop off of children Mr. Griffith mentioned that on Friday, Saturday and Sundays there are 1,500 people attending church at the facility and there are no problems. He said the school will start with 60 children including the pre-school and kindergarten through 5th grade rather than 12th grade. Commissioner Holzman asked if there were going to be school buses dropping children off. Mr. Griffith said there would be no buses. Commissioner Holzman expressed concern about parents who are dropping children off and making a left turn from Highway 27 in to the school and those making a left turn on to Highway 27 from the school. He asked if there was a traffic light planned for that intersection. Barry Brown said that there was no light planned at this time, but in the future as • the area develops there likely would be a light. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 Commissioner Pierce asked if it was a long term goal of the church to have their school go from kindergarten through 12th Grade and if so was there a master site plan for such a school. Mr. Griffith showed those present the master site plan with all of the future structures. Commission Member Pierce said he sees a second entrance/exit off of Highway 27 in the conceptual plan, but not on the plan presented for this CUP. He asked if it should be addressed in this CUP. Barry Brown said that one entrance handles all the current traffic and that it should be adequate until the church adds additional buildings. Commission Member Mathieson commented that the church handles the traffic in an orderly manner, however she added that the intersection of Steve's Road and Highway 27 is dangerous. Commission Member Miller stated that she shares the concerns of other members in reference to the traffic. She went on to commend the church for their • rapid development. She asked if the Pastor's college would be a residence. Mr. Griffith replied that eventually it would be a residence. Commission Member Tegen asked if the CUP required sidewalks along Highway 27. Barry Brown said that according to Section 3, Item #20 of the CUP a sidewalk must be installed. Commission Member Rhee asked if food would be served at the school. Mr. Griffith said that it would, but that it would be catered in. Commission Member Rhee asked if there would be a school nurse. Mr. Griffith said there would not be a nurse at the school, but added that the hospital was in very close proximity to the school should the need arise for medical attention. Commission Member Holzman moved to amend item number 23 under Transportation Improvements by adding "Until such time as signalization is improved for the intersection of Highway 27 and Steve's Road traffic exiting shall be right out only during school drop off and pick up hours': 3 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 There was discussion about this motion and the potential safety hazard it would cause at Highway 27 and Johns Lake Road. There was no second to the motion. Commission Member Pierce commented that he does not like the way the parking lots are laid out, that it was a safety hazard to have the parents park in the lot and have the children running out between other cars to get to them. His advice to the applicant was to wait and plan a better drop off and pick up area. Commission Member Mathieson moved to approve the request; seconded by Commission Member Miller. The motion passed with all members present voting "a ye„ 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT & OWNER: Bradley and Kelli R. Pinkerton. REQUEST: To allow seven dogs to be kept at a residence rather than the five allowed by code. • LOCATION: 1144 Linden Street EXISTING LAND USE: Single Family Home FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: R-1, Residential. Planner Sharon Farrell introduced this request by saying that the applicants parcel is located in the Indian Hills Subdivision; the lots as platted in 1926 are fifty feet in width and 150 fedlin depth. The property is currently zoned R-1. Household pets are considered as an accessory use and are permitted in all districts, subject to the Clermont Code. Ordinance Number 318-C, adopted in January 2002, established that it shall be unlawful for anyone who resides in the City of Clermont, to harbor more than five animals over the age of four months at any one time, except where a Conditional Use Permit, authorizing keeping of a greater number of animals is granted by the Clermont City Council. The applicant is requesting a CUP to keep seven animals (dogs) on site. The applicant has lived at this location since 1999. Five of the animals are the small breed known as Dachshunds and two are medium size mixed breeds. The two mixed breed dogs are of geriatric age. The animals are housed within the single family structure. 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 If the proposed Conditional Use Permit is considered temporary in nature, with the condition the CUP shall expire at such time the number of dogs is reduced to five through attrition, staff can support the request, Staff recommends that the property be inspected by Code Enforcement personnel on an annual basis. The applicant Bradley Pinkerton, 1144 Linden Street, Clermont, FL was sworn in and said that most of the dogs are of a small breed. He added that no violations have been issued by Animal Control and the dogs are kept inside the residence most of the time. If the dogs are outside in the fenced in yard and start barking they are brought in. He said that two of the dogs are very old and are not expected to live more than another year or so. Commission Member Tegen asked how long Mr. Pinkerton has had the 7 dogs and when he became aware of the City Ordinance allowing only 5 pets. Mr. Pinkerton said he has had the seven dogs for approximately one year, and became aware it was against City Code when he was informed by Animal Control. Commission Member David Outlaw asked if there were any reports of dog bites • or if the Pinkerton's were breeders. Mr. Pinkerton assured the Commission there have been no dog bite issues, and he is not a breeder. Commission Member Holzman moved to approve the request; seconded by Commission Member Mathieson. The motion passed with all members voting "aye„ 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT :James R. Buttram OWNER: Highlander Industries, Inc., Charles Russ REQUEST: To allow the operation of a truck rental facility. LOCATION: 1991 S. Highway 27 FUTURE LAND USE DISTRICT: Undeveloped District -2 )UD-2) FUTURE LAND USE CLASSIFICATION: Commercial. 5 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 EXISTING ZONING: C-2, General Commercial. Planner Curt Henschel introduced this request by saying that the applicant intends to renew the existing CUP for a truck rental facility. On July 2, 2002 the applicant obtained a conditional use permit to operate a truck rental facility at 1991 South Highway 27. The existing CUP was valid for a two year period and has an expiration date of July 2, 2004. The applicant wished to continue the existing business as a truck rental facility without any changes to the existing CUP. The applicant would also like approval in perpetuity, so he will not have to return in another two years for an additional conditional use permit. Joyce Buttram, 1711 Nita Place, Clermont, FL., was sworn in and said that she would answer any questions about the operation of the truck rental facility. She also mentioned that when the trucks are returned they are checked in and moved to the back lot as quickly as possible. Commission Member Holzman asked if staff was in favor of allowing the applicant to remain at the site in perpetuity rather than keeping the 2 year time • limit. Staff did not have a recommendation. Commission Member Pierce said that he has driven by the site several times and has observed that he can see the trucks in the yard from Highway 27. He mentioned that the CUP calls for an opaque fence and that the vehicles be parked behind it. Barry Brown explained that the intent of this condition was that the vehicles be stored within the fenced area and not in front of the building along Highway 27. He stated that there are plantings around most of the chain link fence which obstruct view of the trucks. Commission Member Rhee asked if the trucks were serviced at this location. Mrs. Buttram replied that the fluids and tire pressure are checked and fluids are added if needed. That is the extent of any service to the vehicles. Commission Member Tegen noted that most of the time the trucks are put away in the fenced area except once in a while on the weekends when someone returns a truck. • 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 Commission Member Holzman moved to strike item 2, in Section 2 of the CUP which limits the CUP to a fwo near period; seconded by Commission Member Lange. Commission Member Pierce stated that a lot is happening on Highway 27 and he does not wish to allow this conditional use to continue in perpetuity. Commission Member Holzman pointed out that if someone wanted to buy the property in the future for another use, the property would be sold and whoever bought it would be back before the Commission for a Conditional Use Permit. Commissioner Outlaw noted that it is the applicant who is asking for the CUP to be in perpetuity, not the owner of the property. The vote on the motion by Commission Member Holzman was 4 to 4 with David Lange abstaining. Mrs. Buttram volunteered to drop the request for perpetuity and asked that item #2, Section 2, be left in the Conditional Use Permit. • Commission Member Holzman moved to approve the request; seconded by Commission Member Mathieson. The motion passed with all members present voting "awe" 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT :Joseph Hardage/ AJDC, LLC OWNER: Thomas & Jennifer Bowers REQUEST: To allow for a business establishment to occupy more than 5,000 square feet of space in the C-1 Light Commercial District. EXISTING ZONING: C-1, Light Commercial. GENERAL LOCATION: Southwestern corner of Highway 50 and East Ave. EXISTING LAND USE: Vacant land. LAND USE DISTRICT: Non-Established District -3 (NED-3) LAND USE CLASSIFICATION: Commercial 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 Planner Curt Henschel introduced this request by stating that the applicant is requesting a CUP fora 7,000 square foot building in the C-1 zoning district. The vacant parcel is located at the southwest corner of Highway 50 and East Avenue. The building will be the new home for Advance Auto Parts. They will be relocating from their current building at 390 E Highway 50. Advance Auto Parts merged with Discount Auto Parts in November of 2001. Advanced Auto is growing out of its approximately 5,000 square foot building and is seeking to relocated to the proposed location. This new site will provide for a better sighting location and also allow for a larger store. Staff recommends approval of the request. Curt Henschel added that staff does not support the proposed driveway from Highway 50 into the site. Barry Brown explained that was because cars exiting the site onto State Road 50 would not be able to see eastbound traffic coming over the hill west of the site. He added that there would be no way to stop people going westbound from trying to turn in. The stacking of eastbound traffic making the left turn on to East Avenue on school days in particular presents another problem. . Joseph Hardage, 570 Spindlewick Dr, Atlanta, GA 30350 was sworn in and said that Advance Auto wants to do a prototype store here in Clermont. He said the proposed driveway from Highway 50 on to the site is necessary in order to be competitive with Auto Zone across the street on Highway 50. He agreed that a right in/right out would be acceptable to him. Commission Member Pierce asked if Advance Auto was willing to reconfigure the parking area in order to preserve several large oak trees. Mr. Hardage said they would try to preserve the trees, but if the driveway was placed closer to Highway 50 it might work. Commission Member Pierce asked if the driveway could be moved toward the south end of the property. Mr. Hardage stated that if the trees cannot be saved they would be replaced inch for inch in additional landscaping. Commission Member Miller expressed concern that there will be only one point of ingress and egress and that it will be in the rear of the building. Mr. Hardage said a right in/right out on Highway 50 would be the best solution. 8 City of Clermont MINUTES PLANNING AND ZONING COMMISSION . June 1, 2004 Commission Member David Lange asked if a right in only on Highway 50 would work. Mr. Hardage replied that would be better than no entrance at all on Highway 50. Barry Brown said a right in only could work and that it may be the least problematic solution. Commission Member Tegen moved to approve the request as amended to allow a right in only from Highway 50 in item #2, Section 3; seconded by Commission Member Pierce. The motion passed with all members present voting "aye'° 5. REQUEST FOR TEXT AMENDMENT TO THE COMPREHENSIVE PLAN. APPLICANT: Bob Wade, Hunters Trace Investments, Inc. OWNERS: Hunters Trace Inc., and Ishwar Naran . SIZE OF PARCEL: 3.4 acres. GENERAL LOCATION: Hunt Trace and Citrus Tower Boulevards. EXISTING LAND USE: Vacant. LAND USE DISTRICT: UD-5 (Number 12). LAND USE CLASSIFICATION: Commercial and Residential. Planner Sharon Farrell introduced this request by saying that the applicant has requested an amendment to the text of the comprehensive plan to provide for Tourist Accommodations (a hotel) to be allowed at the northwestern corner of Hunt Trace and Citrus Tower Boulevards. The City of Clermont's Future Land Use text for the UD-5 District is location specific to the commercial nodes or intersections. The applicable text reads: "General commercial use should occur adjacent to major roadways and not extend more than 1,300 feet north of Highway 50". The proposed hotel site is more than 1,300 feet north of Highway 50, therefore, the need to amend the text. A portion of the three acre parcel is designated with the Commercial land use Classification. • 9 City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2004 Commission Member Mathieson moved to approve the request: seconded by Commission Member Lange. The motion passed with all members voting "aye': 6. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Akerman and Senterfitt, Cecelia Bonifay OWNER: Sebastino and Antonia Poma. REQUEST: To allow for the construction of a gas station with car wash and convenience store. EXISTING ZONING: C-2, General Commercial. SIZE OF PARCEL: 2.35 acres. GENERAL LOCATION: Southeastern corner of the intersection of Highway 50 and Grand Highway. • EXISTING LAND USE: Vacant. LAND USE DISTRICT: UD-2 LAND USE CLASSIFICATION: Commercial. Planner Sharon Farrell introduced this request by saying that the applicant wished to construct a B.P. petroleum station and convenience center with car wash on the south side of town at the intersection of Highway 50 and Grand Highway. The 2.35 acre parcel is zoned C-2 General Commercial. The proposed use requires a Conditional Use Permit. The Land Use District and Classification are appropriate. The applicant's representative has provided all the necessary applications and date required for staff to process a Conditional Use Permit. Conceptual site plans have been reviewed by the City of Clermont staff as well as the Department of Transportation. Comments have been provided to the applicants engineer addressing aesthetic and traffic safety concerns. The property is currently zoned C-2. In C-2 General Commercial zoning a CUP must be obtained to operate a highway commercial convenience store. There is a mixture of general commercial uses in the vicinity of the subject property. The proposed Conditional Use Permit meets the intent, and is consistent with, applicable sections of the Land Development Regulations. 10 City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2004 The site has access to a State arterial road network and an existing frontage road providing the development with an adequate traffic circulation system. Staff has consulted with the Florida Department of Transportation engineers to ensure that development of the site is synchronized with planned improvements to State Road 50. The site is relatively flat and has been previously altered. This parcel is not located within a flood hazard zone and contains no wetlands. The maximum impervious surface ratio for General Commercial projects is 80%. A variance to the landscape buffer along Grand Highway may be necessitated by the roadway improvement requirements. Staff supports the use, however revisions to the site plan are recommended. Staff cannot support the access to State Road 50 (right in/out); staff cannot support two driveway cuts into Grand Highway. The property is surrounded by commercial development adjoining an automotive oil and tube establishment. The proposed commercial use is allowable within the UD-2 land use designation and is compatible with the commercial development in the immediate vicinity. • Attorney Cecelia Bonifay stated that the applicant wants a right in/right out on Highway 50 and two points of ingress/egress on Grand Highway, however they could live with one on Grand Highway if access from Highway 50 is provided. Johnathan Ballow, 5909 Peachtree-Dunwoody Road, Suite 600, Atlanta, GA, 30328 was sworn in and showed a rendering of the proposed facility. The conceptual site plan showed a right in/right out from Highway 50 and one entry and exit on Grand Highway. Mr. Ballow mentioned that there would be a large amount of green space with this configuration. Joseph Roviaro, Director of Transportation Planning, Luke Transportation Engineering Consultants, P.O. Box 941556, Maitland, FL 32794 was sworn in and said that there absolutely had to be two access points. He sited the difficulty a delivery truck would have turning around inside the site and how much easier it would be to drive in at one point and leave by another. He pointed out that the Raceway station across Grand Highway has only one access point and that causes a bad stacking problem on Grand Highway and Highway 50. Mr. Roviaro also noted that a right in/right out on Highway 50 would be a shared access to the frontage road and would also alleviate traffic on Grand Highway. • 11 City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2004 Commission Member Holzman mentioned the proposed reconfiguration of the Highway 50, Highway 27 interchange. Planning Director Barry Brown said that the improvements to the interchange of Highway 50 and Highway 27 would require the applicant to dedicate twenty-two feet of right-of-way on Grand Highway and that will be traded for property on Highway 50 that is owned by the City that traverses the applicant's property. In regard to the question of access from Highway 50, Mr. Brown noted that it already exists in the form of the frontage road. The access point to this frontage road is approximately 300 feet to the east of the B.P. site. He added that to have a right in/right out on Highway 50 where B.P. is requesting it would create a dangerous situation because cars coming in off Highway 50 will meet up with cars at the pump and cars trying to exit on to Highway 50. Commission Member Mathieson asked where the land would come from if Highway 50 needed to be widened in the future. Planning Director Barry Brown said there would be a twenty foot wide landscape buffer from which D.O.T. could garner space if they need it for right-of-way. Cecelia Bonifay stated that the applicant has given in on numerous modifications requested by the City and could possibly make the right in/right out area from Highway 50 wider and roomier. Kenneth E. Hardy, Progressive Development, 5205 S. Lois Ave, Tampa, FL 33611 said that D.O.T. has approved the proposed Highway 50 access and says that it meets their standards. Commission Member Rhee asked if there was going to be a sidewalk on Highway 50. Mr. Hardy said it would not be a problem to put in a sidewalk. Commission Member Lange asked if there was a possibility of allowing a right in only from Highway 50. Planning Director Barry Brown said it is not a preferred option, but it is a possibility. Cecelia Bonifay recapped and asked for changes to Section 4 -Architectural Design. n ~.J 12 City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2004 Planning Director Barry Brown did not wish to see any change to the requirements of this section. There was further discussion on whether a right in/right out or just a right in should be allowed from Highway 50. Commission Member Holzman moved to amend Section 3-Transportation b adding item #7. Access to the site from Highway 50 shall be right in only at the most easterly part of the site and egress shall be from the frontage road at a site further to the east; seconded by Commission Member Tegen. The motion passed 7-2 with Commission Members Pierce and Rhee voting nay. Commission Member Holzman moved to approve the request as amended; seconded by Lange. The motion passed with all members voting "aYe'° 7. AMENDMENT TO LAND DEVELOPMENT REGULATIONS Curt Henschel introduced this Ordinance No. 338-C by saying it is to amend the Code to require enhanced landscape standards. Within the ordinance are issues • that were discussed at the March 18, 2004, and the May 24, 2004 workshop. The ordinance has been advertised for the first reading on June 8, 2004 and adoption of June 22, 2004. Curt Henschel went on to read the changes to the Commission. Commission Member Outlaw asked if there was some way to force compliance to the code without going to a Code Enforcement case. David Pape said that was a matter to discuss with the City Attorney. Planning Director Barry Brown made the suggestion that at the one year inspection to verify that all required landscaping is established, health and properly maintained it should be added that the staking kits should be removed. There was discussion about live oaks versus laurel oaks and it is the Commissions recommendation that laurel oaks be eliminated from the preferred tree list. Commission Member Holzman moved to approve the changes to the Landscape Ordinance; seconded by Commission Member Tegen. The motion passed with all members present voting "aye': 13 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 Discussion of Non-Agenda Items The discussion of Commission Member Miller's report which was tabled from the beginning of the meeting continued with Commission Member Miller expressing her grave concern that the City Council did not focus on the issues in the addendum because it was not forwarded to them. She went on to say that the placement of the businesses in this project is a huge mistake.. The City Council never saw that the Commission made suggestions about moving those businesses to Hunt Trace or Oakley Seaver, and they never thought independently to question that. Planning Director Barry Brown apologized for the fact that the addendum was not forwarded to the City Council, but stated that there was nothing to be done about it now. He assured the Commission that the goal has always been and will continue to be to make sure the City Council is fully apprised of the Commissions opinions. There was discussion about the ramifications of City Council rescinding their approval of the Messy Dog CUP. • Barry Brown stated that the City Council approved the Conditional Use Permit and that is the final decision. Commission Member Miller insisted that the city will be suffering with this situation for years to come because the Council didn't see what the problems were. Barry Brown assured Commission Member Miller that the City Council is comprised of intelligent and capable people who are able to identify the issues and make the proper decisions. Commission Member Miller stated that if the Council had had the benefit of seeing the addendum to the April minutes, they would have had the opportunity to consider all of the Planning and Zoning Commission's concerns. She said they were blindsided by what the residents of the abutting residential subdivision wanted. David Lange asked if the Council was aware that they hadn't received this addendum, and if so were they willing to consider rescinding their approval. Commission Member Miller said that one Council Member was willing to bring it back to the City Council. 14 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • June 1, 2004 There was discussion as to how and when the minutes should be distributed in the future. It was suggested that they be sent via email so that the Commissioners would have a longer period of time to look at them. Barry Brown pointed out that the City Council has always gotten the minutes and that this one time they didn't get the addendum. There being no further business the meeting was ~ijourned. irman ATTEST: /~`~~G ~~~~~~ Jane C Allisterl- PI Wing Technician II • • 15 • City of Clermont Planning and Zoning Commission June 1, 2004 -Report of Commissioner Maggie Miller The stated purpose of the Planning and Zoning Commission is to advise the City Council on appropriate matters which are to come before the Council. In this regard each commissioner endeavors to study such matters, and then together in P&Z meetings to discuss and delineate pertinent points of discovery, and to then advise the City Council based on that discovery. In the case of Resolution 1370 (Messy Dog) acted on by the City Council on May 25 the prescribed advisory process was thwarted. Council members were not provided P&Z advisement. Despite the actions taken May 4 by P&Z Commissioners, unanimously adopting cone-page addendum to the April minutes with the expressly articulated • purpose of making sure that City Council members be made aware of the information contained therein prior to their action on May 25, city staff did not provide that addendum information to the Council. Therefore I am officially requesting that the 4/1 Council decision for approval of the auto services projects proposed for the site be set aside and readdressed by the City Council after benefit of being more completely informed on the matter. • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ST NAME,~FIRST NAME-MIOD ME ~ NAM BOARD, COUNCIL, COMMISSION, AUTHORITY, OR C O MMITTEE f ~ / ~ r i O MAILING AD RESS - THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMI EON Cti ~ f WHICH I SERVE IS A UNIT OF: CITY COUNTY TY ^ COUNTY ^ OTHER LOCAL AGENCY i ~ ~~~ NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE URR , / " 'e MY POSITION tS: / ^ ELECTNE APPOINTIVE r L WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which ~ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. YOU fNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST .~ ~ ~ - ,hereby disclose that on __, 20 ~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; J ~nured to the special gain or loss of my business associate, >'~~~/~ ~~/ , - inured to the special gain or loss of my relative, , inured to the special gain or loss whom f am retained; or - inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: . _~~~~~° Date Filed ;t ~j ~ ~ ~~~~~ by which ~Ignatrir~ `~ - NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2