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04-07-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday April 7, 2009 at 7:00 p.m. by Chairman David Pape. Other members present were Bernadette Dubuss, Robert Boyatt, Nick Jones, Bill Gray, Raymond Loyko, Judy Proli, and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, City Planner, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held March 3, 2009 were approved as written. REPORTS Planning Director Jim Hitt stated that the Comprehensive Plan update has been sent to DCA. Commissioner Whitehead stated that the 125` Celebration proposal will be brought before Council on April 14, 2009. Planning Director Jim Hitt requested that the Capital Improvements Element be moved to the first item. 1. REQUEST TO UPDATE CAPITAL IMPROVEMENTS ELEMENT City planner Barbara Hollerand stated that this is a large-scale comprehensive plan amendment to amend the Goals, Objectives and Policies of the Capital Improvements Element of the comprehensive plan to update the five-year schedule of capital improvements. Ms. Hollerand stated that she had the Florida Department o f Community Affairs citizen courtesy information list form. She explained to the audience that they may provide their name and address on one of these forms and the Florida Department of Community Affairs will let them know when the Notice of Intent will be published in the Orlando Sentinel. Ms. Hollerand stated that DCA now requires that local governments adopt an annual update to the Capital Improvements Element. She stated that an update to the Capital Improvements Element was included with the City's comprehensive plan rewrite amendment transmittal last month. She stated that the City anticipates adopting this full rewrite amendment package June 23. She stated that at the direction of DCA, a separate adoption of just an amendment to the Capital Improvements Element is being processed at this time. She stated that this will satisfy the requirement for the annual update for 2008. She stated that another update to the element may be made later this year to satisfy the 2009 requirement. Ms. Hollerand stated that the Capital Improvements Element of the comprehensive plan identifies capital projects needed to maintain adopted Level of Service (LOS) standards. She stated that the element includes policies and projects to reduce existing LOS deficiencies. She stated that the Capital Improvements Element outlines a schedule for construction of necessary improvements and expansions City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 2 to accommodate new growth. She stated that it includes estimates of the cost of public improvements, and it demonstrates the ability of the City to finance and construct the improvements. Ms. Hollerand stated that staff recommends approval of the text changes to the Capital Improvements Element. Commissioner Whitehead moved to approve the request for the adoption of the annual update to the Capital Improvements Element, seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: Tuscany Village (west side) OWNER: PDG/Inland Tuscany Village Venture, LLC a Delaware Limited Liability Co. APPLICANT: Richey and Cooney; Steven J. Richey, Esq. REQUESTED ACTION: Request a Conditional Use Permit (CUP) for a Planned Unit Development (PUD) and to include a 137,000 sq. ft. retail building on the west side Hammock Ridge Road. LOCATION: The north & south corners of the west side of the intersection of U.S. 27 & Citrus Tower Blvd. (East & West of Hammock Ridge Road) SIZE OF PARCEL: 57.1 acres EXISTING ZONING: PUD (Planned Unit Development) (CUP Res. No. 1532) EXISTING LAND USE: Vacant (grading at this time) FUTURE LAND USE DISTRICT: UD-7, Undeveloped District - 7 FUTURE LAND USE CLASSIFICATION: Commercial Planning director Jim Hitt stated that the applicant is requesting a Conditional Use Permit (CUP) to allow fora 137,000 sq. ft. building, and 211,846 sq. ft. of additional retail space. He stated that the total for the west side of Tuscany Village is 348,846 sq. ft. Mr. Hitt stated that the Tuscany Village development is separated by U.S. 27 and has different owners on the east and west sides. He stated that while both sides are governed under the same master CUP (Res. #1532), in order to request separate development approvals, the east side (Kings Crossing) attained a separate CUP on January 22, 2008. Mr. Hitt stated that this request is from the owners on the west side of U.S. 27, and will effectively separate it from the east side owners for development approvals. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 3 Mr. Hitt stated that the new conceptual site plan for the west side includes a request fora 137,000 sq. ft. Sam's retail store, with a 3,000 sq. ft. car wash and 180 sq. ft. kiosk. Mr. Hitt stated that there are also four additional variances associated with the CUP request that include the following: Cut and fill in excess of 15' for the western central portion of the site; Signage - To allow additional wall signage on each front, but remaining below 200 sq. ft. on each wall; To allow a building over 100,000 sq. ft. (137,000 sq. ft. for Sam's), with a 180 sq. ft. kiosk gas station and 3,000 sq. ft. car wash; Parking space decrease of 34 spaces, from the required 685 spaces to 651 spaces. Mr. Hitt stated that the attached Preliminary Site Plan was approved for the previously approved multi- tenant commercial development. He stated that the CUP plan and concept was approved by City Council as a "Tuscany" style development with applicable architecture, fountains, park and sitting areas. Mr. Hitt stated that this submittal which includes a 137,000 sq. ft. Sam's Club is a major departure from the concept and what was originally approved by City Council (Res. #1442 on 7/12/05 and Res. #1532 on 6/26/07) and as depicted in the attached drawing. Mr. Hitt stated that the plan does meet the intention of the Land Development Code. He stated that because this is a CUP, Council has some discretion in granting any approval because this concept is different from what Council originally approved for this location. He stated that if Council granted approval, staff would recommend the CUP conditions listed below. Steve Richey, Richey and Cooney, stated they met with the Spring Valley Board of Directors to address the concerns of the Spring Valley Subdivision residents. He stated that there won't be any active uses on the side of the residences. He stated that they are reducing the square footage of active uses by putting the Sam's at this location rather than the previously approved retail project. He stated that they are still following the Tuscany look with the project as originally planned on the previously approved site plan. Laura Oddie, Cochrane Engineering, stated that the Sam's site is approximately 17 acres. She stated the site has two access points with one entrance having a traffic light. She stated that the operating hours will be from 7:00 am to 8:30 pm Monday through Saturday and 10:00 am to 6 pm on Sundays. The fueling station's operating hours will be 6:00 am to 9:00 pm Monday through Saturday and 9:00 am to 7 pm on Sundays. She stated that there will be a tire and battery center that sells and replaces batteries and tires. They do not do any oil changes. She stated there is also a loading dock; both are located on the east side of the building away from the residents on the west side of the building. She stated that both those locations have also been screened through the use of a screen wall and additional landscaping. Aysha Moore, Shade L. Oquin, stated that they have stepped the roof up and down to different levels to get away from the box look of the store. She stated they have incorporated the feature on all four sides of the building rather than just the two sides that are viewed from the front of the building. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 4 Commissioner Boyatt stated that he does not agree with another box store coming to Clermont. Commissioner Dubuss asked how this Sam's compares to the Ocoee store. Ms. Moore stated that the Sam's Club has a standard prototypical size. She stated that more than likely it is very similar to the Ocoee store. Commissioner Jones stated that his concern is the amount of cut and fill that will be needed for this site. Mr. Richey stated that the cut and fill is consistent with the original site plan approved in 2005 with the exception of about 2100 square feet in the middle of the site in order to make the parking lot level which requires an additional 3 feet. Commissioner Jones asked about the storm water. Ms. Oddie stated that the storm water will be underground and there is a proposed retention pond for the master development and it will be connected to that. Mr. Richey stated that there are several Sam's Club members in this area and it is competitive with the BJ's. He stated that it will increase the tax base and will employ on a permanent basis 175 to 200 people and even more during seasonal times. He stated that this is a positive move with today's economic times and they have done their studies and there are enough Sam's Club members in this area to support this. He stated this is not a rental; it will be owned and operated by Sam's Club. Mr. Jones asked if they are responsible for putting the traffic light at the intersection. Mr. Richey stated that they are responsible for the traffic light as well as its financing. Commissioner Gray stated that he is impressed with the presentation. He stated that he is concerned about the access being located on Hammock Ridge Road and whether there are other access points to the property. Mr. Hitt stated that there are three full access points to the property, one being Hammock Ridge Road which has three access for the eastern side. He stated there is also a right in/right out just down the street from the light and a left going north. He stated there is also another right in/right out at another location. Commissioner Gray stated that his concern is the one access to the Sam's Club. Mr. Hitt stated that they are looking at other access. He stated that the primary access is away from the front door so that the traffic is not crossing the entrance area, creating safety issues. He stated that there is another access on the southern side. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 5 Ms. Oddie stated that they are having a traffic study for the right turning movement into the Sam's Club to make the stacking distance on Hammock Ridge Road adequate for the Sam's Club. Commissioner Gray asked if the roof will be seen from Hammock Ridge Road. Ms. Moore stated that you will not be able to see the roof top from the road. She stated that the roof and anything on the roof will be screened. Commissioner Loyko stated that he liked the presentation. He asked when they met with the Board members of Spring Valley, did they meet with the homeowners. Mr. Richey stated that they met with the Board members who were going to advise the homeowners on what they were doing and if there were any concerns the Board members were supposed to contact him. He stated he met with the Board members a couple of months ago and he has not heard anything from them. Commissioner Loyko asked about the lighting for the site and if it will affect the homeowners. Mr. Richey stated that all lighting will face the interior of the property and should not affect the homeowners. Commissioner Proli stated that she was looking at the original plans compared to the current presentation. She stated that she liked the original. She asked if the fountain area is still there. Mr. Richey stated that is where the Sam's Club is going now. Commissioner Proli stated that from what she sees there are too many box stores, dealerships and banks. She stated that the original plans were approved over two years ago and now they are changing the plans. She asked how long it will be before the Sam's Club will be built or will the property be left sandy. Mr. Richey stated that Sam's Club is ready to build now. He stated it takes approximately nine months to build once permitting is complete. He stated that he understands that they have gone through various evolutions, however they feel the Sam's Club will generate activity in this area and will cause the southern area of this property to come along quicker rather than having to wait for the economy to turn around. Commissioner Proli asked that even though Clermont already has a Wal-mart, BJ's and possibly a Cosco coming nearby, do they still think the Sam's Club is needed. Mr. Richey stated that there are enough Sam's Club members in the Clermont area to justify this facility. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 6 Commissioner Proli asked if there has been any interest in the out parcels. Mr. Richey stated that at this time they do not have any potential clients for the out parcels. He stated they will not build until they have binding leases. Commissioner Whitehead stated that she agrees with too many box stores in Clermont. She stated that she feels most of the stores coming into Clermont are all discounts stores and she does not want Clermont to be known as the discount center. She stated that seniors don't buy in bulk. Mr. Richey stated that the most active Sam's Club in the system is the one that was just built in The Villages, so he feels that seniors do shop at Sam's. Kelly Moore, 442 Balboa Blvd., asked about the widening of Highway 50 and the upscale mall coming there. Chairman Pape stated this area's economic base doesn't warrant a Bloomingdales or Saks Fifth Ave. He stated that Plaza Colina is not our concern. Commissioner Jones stated that if the applicant has met the intentions of the code it is difficult for him to vote against this project just because of the economic stand point. He stated that they have reduced the amount of square footage and the impact of the residents on the backside of this project. Rebecca Furman, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., stated that she represents Sam's and Wal-mart. She stated that Wal-mart is not the largest retail in the world by not knowing their business. She stated that they know their market and they know where they will be successful. She stated that Sam's Club is purchasing this property, building this store and investing over 20 million dollars into this site with no intention of it going dark. She stated she can understand wanting upscale retail in Clermont, but places are needed for residents to provide for their families at discount prices. She stated that big box stores bring people to the area, which anchors it and you can then have lifestyle stores around it. Mr. Richey stated that this building has been altered from looking like a big box. He stated that they have eliminated the square footage significantly by replacing the site with this one building. Commissioner Boyatt moved to deny the request for the Conditional Use Permit, seconded by Commissioner Whitehead. The vote was 4 to 4 making this Conditional Use Permit move forward without a recommendation to City Council, with Boyatt, Loyko, Proli and Whitehead opposing. 3. REQUEST FOR A CONDITIONAL USE PERMIT PROJECT NAME: Verde Ridge Subdivision OWNER/ APPLICANT: Pulte Home Construction City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 7 REQUESTED ACTION: Request for a CUP amendment to allow for a reduction in the overall living space required for each single family residence. LOCATION: Verde Ridge Subdivision /Old Highway 50 and Blackstill Road EXISTING ZONING: Planned Unit Development (PUD) SIZE OF PARCEL: 207 +/- acre EXISTING LAND USE: Residential FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Residential City planner Curt Henschel stated that the applicant is requesting an amendment to the existing PUD (Resolution #1458) to allow for a reduction of the minimum required living space for a single family residence. Mr. Henschel stated that this request would cover a maximum of 100 parcels of the 402 parcels within the overall development. All lots will remain as platted. Mr. Henschel stated that currently the underlying zoning of the PUD is Urban Estate (UE.) The UE zoning is governing the minimum required living space of 1,500 square feet. He stated that the applicant is requesting to allow 100 single family residential structures to have a minimum living space of 1,250 square feet, a reduction of 250 square feet. Mr. Henschel stated that the applicant is requesting this change to allow the opportunity of home ownership to a greater number of potential home buyers by reducing the unit area and therefore the unit price. Mr. Henschel stated that staff recommends approval of the request for a CUP amendment to allow 100 single family residences to have a minimum living area of 1,250 square feet. Dave Kelly, Donald W. McIntosh Winter Park, stated that the project was annexed into the city in December 2005 and, issued a CUP for 402 single family units having minimum units of 1500 square feet. He stated that approximately 120 units are currently constructed. He stated that the economy has not been good for this industry, so in an effort to build more units, they are requesting to reduce the minimum square footage of 1500 square feet to 1250 square feet. He stated there are no other changes being made to the current CUP. Patrick Casey, 2873 Columbus Ave., stated that he is here tonight for the concerns of the homeowners of Verde Ridge. He stated that most homes already built are in excess of 2200 square feet. He stated that in his opinion, Verde Ridge is an upscale community. He stated they purchased in Verde Ridge because they all wanted to live in a community that offered the standard of living that Pulte Homes has offered their customers. He stated that the existing home owners who have purchased under the current living space requirements will see their home values decrease. He stated that he is asking for the Board to vote no for the request. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 8 Kelly Moore, 442 Balboa Blvd., stated that he moved from a home of 1600 square foot homes to this community. He stated that he moved based on the marketing from Pulte Homes that this would be larger homes for less money. He stated that he feels they can use other marketing avenues or bring in other builders, but he does not want the reduction of the minimum square footage. Tony Solano, Minneola, stated that he is a new home purchaser in Verde Ridge. He stated that he lives in a smaller home and has worked hard to purchase a larger home. He stated that he believes he will end up losing money. He is not opposed to different models but to allow the reduction of the square footage is not fair. Lonnie Koenig, 582 Hernando Place, stated that when he bought into this community a year ago the marketing suggested a luxury home site. He stated that he does not see how any home with 1250 square feet can be addressed as luxury. He stated that they have already lowered the standards on the products they offer for the homes. He stated that he is asking for the board to deny this request. Ray Colicko, stated that he is a home owner in Verde Ridge. He stated that the homeowners have already suffered a loss to their home values over the past year. He stated that when you put a 1250 square foot home in an upscale community such as Verde Ridge you will attract rental property. He stated it may even attract some government funded properties. He stated that he hopes the Board considers this carefully and denies this request. Nathaniel Sykes, 496 Dagama Drive, stated that he is one of the first two homeowners to move in on their street. He stated that he echoes what everyone has already said. He stated that if you go on the Pulte Homes website you will see they are very size oriented. He stated that he lives in a smaller Pulte Homes community. He stated that they have lost a little over $120,000 in equity in their home. He stated to build smaller homes in the community it will only drive equity down further. He stated that he is asking for the Board to not let this happen. Mitchell Sanders, 426 Balboa Blvd., stated that in the past couple of years Pulte Homes has already omitted some of the models available. He stated that they have already seen almost a 30% reduction in the square footage. He stated that by dropping down to 1250 square feet, you are looking at approximately a 43% reduction in square footage. He stated that this company is nationwide; they can absorb a loss in this market much easier than a homeowner can. He stated that he has a vested interest in Clermont, not a nationwide company. Tom Gorgone, 3034 Chavez, stated that he is a new comer to this area, but has spent 12 years traveling Florida looking for a permanent home. He stated that they decided to move to Clermont. He has also moved his extended family to Verde Ridge. He thinks about the future of his family and the subdivision. He stated that Pulte Homes did not meet with them and ask their opinion. He stated they just got an increase in homeowner's fees and it is understandable with prices going up. He stated that Pulte Homes is not keeping up their end of the bargain. He stated there is dumping being done on the empty side of the subdivision. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 9 Kevin Hawkins, 2828 Columbus Ave., stated that he walked around for 4 or 5 hours getting signatures on a petition. He stated Pulte Homes is there to build, sell and leave. He stated the homeowners are the ones who will still be there. He stated that he would like for the Board to look at what was promised to the home buyers and what they are trying to do now. Donald Rogers, 559 Hernando Place, stated that he is a native of Winter Garden. He stated that he was looking for better schools and a better place for his kids to live. He stated that he was sold on Verde Ridge being a dream. He stated that he has lost $120,000 on his home so far. He stated that he would like for the Board to think about what they are voting on. Mohan Bhoj, 3031 Chavez Ave., stated that he is a first time home buyer and he bought in Verde Ridge. He stated the houses and quality are what sold him. He stated that Pulte Homes is trying to sell these homes as affordable for everyone else. He stated that if you qualify for a home you qualify for it, if you only marginally qualify then you might afford the home, but not the maintenance and upkeep on the home. Sherry Parker, 360 Marco Ct., stated that they just moved into this neighborhood a little less than a year ago. She stated that they have gone through their own financial problems. She stated that there are plenty of foreclosures in the neighborhood now because of the hard economic times. She asked for the Board to consider the homeowners and what they were promised when they purchased their homes. Bessie Klienfeld, 422 Balboa Blvd., stated that when she bought a house there and her son rents the home from her. She stated that she looked for the best quality. She stated that Pulte Homes is known for value. She stated that she was told that Pulte Homes was the only thing that will be built there. She then found out that Adams Homes would be built in the same subdivision. She stated now they want to build smaller homes. John Rhodes, 2824 Columbus Ave, stated that he worked for Pulte and he also lives in Verde Ridge. He stated that when he worked for Pulte that smallest house built was 1800 square feet. He stated that currently they just built new models of 1575 square feet and they just moved to the new models. He stated they have just started selling the smaller homes in the past few months and they haven't even given them a chance to sell before asking to build a smaller home. He asked for a denial of this request. Tony Solano stated that they just had the grand opening for the new models. Richard Gonzalez, 103 W. 2°d Ave. Windermere, stated that the company he works for owns the property adjacent to Verde Ridge. He stated that he does not like to hear the anguish of the homeowners. He stated that they have development plans for that land. He stated they are concerned about maintaining the character of the area. He stated they donated the land for the Lake County Trail. He stated that Blackstill Lake Road is planned to be realigned. He stated that they are doing everything they can to preserve the area. He stated that he patrols the property every week. He stated that in the City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 10 abandoned areas you are starting to see deterioration and dumping. He stated that he came to speak in favor of the city considering smaller homes, but it looks to him here is a community that is suffering. He stated that he encourages this Board to come to some solution that allows this existing community to stay viable, survive and build out and not have abandoned lots. He stated that they need more policing of the property. He stated that it is not just the contractors who are doing the dumping. He stated that he is not sure that smaller houses will be the answer. Commissioner Whitehead stated that she is in the rental business and is seeing the gated communities have 1500 square feet homes that are two bedrooms. She does not understand how families can live in homes any smaller. She stated it is not just the size of the home but the quality as well. Commissioner Proli stated that she can empathize with the home owners. She stated that over the years these developers have come in with grand ideas of making money and they did not have enough money in reserve to continue with the projects. She stated that you are seeing more abandoned lots and the homeowners are the recipient of the problem. Commissioner Loyko stated that he has a conflict due to the fact he also lives in Verde Ridge and that he cannot vote on this issue. City attorney Dan Mantzaris stated that Commissioner Loyko can participate in the discussion. Commissioner Loyko stated that he does not want to see his property value go down. He stated that if they put a 1250 square foot home they will be selling in the low $ l OO,000s and it will hurt the homebuyers who bought at $300,000. He suggested denying the CUP. Commissioner Gray stated that he is against lowering the square footage. He stated that the quality should be the main issue. Commissioner Jones stated that it is obvious this Board probably is not going to honor this request, but he wants to caution the homeowners that when government takes the position to protect them, the unintended consequences could take place. He stated that unintended consequences can be pretty substantial. Commissioner Dubuss stated that she sympathizes with the homeowners. She stated that what the contractor is requesting is not unusual. She stated that she does not support it, but does sympathize with the developer. Dave Kelly stated he would like to request a continuance of this issue so they can speak to the homeowners to try to work something out. Mr. Mantzaris stated that if they wanted to request a continuance, it should have been done in the beginning before all the homeowners spoke. He stated that this Board does not make the final decision City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 7, 2009 Page 11 and if they would like to ask the Council for an extension, they can do so at the April 28 Council meeting. Mr. Kelly stated they will move forward with the vote from the Planning and Zoning Board and will ask for an extension at the Council meeting. Commissioner Whitehead moved to deny the request for the Conditional Use Permit, seconded by Commissioner Boyatt. The vote was unanimous to recommend for denial to City Council. There being no further business, the meeting was adjo EST: Rae C idlow -Administrative Assistant FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM -FIRST AME- D L AME NAME OF BOARD, CO SSION, AUTHORITY, OR COMMITTEE t '~ MAIL G ~DDRE~ 6 I THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON r , ~ WHICH 1 SERVE IS A UNiT OF: , `V CITY COUNTY CITY ^COUNTY ^OTHERLOCALAGENCY ry -~ / ~f '~ U L AME OF POLITICAL SUBDIVISION: U RED DATE ON WHICH VOTE OCC MY POSITION IS: - ^ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8D 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 inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure 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 office; 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). t f 4 4 4 4 4 4 4 4 4 4 + 4 4 R 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. IF YOU INTEND 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) 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 ___~_, hereb 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; ___ inured to the special gain or loss of my business associate, ___ inured to the special gain or loss of m~relative, by inured to the special gain or loss of. whom I 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: -_____1- _ _~ =~~ -___-- Date Filed Wt11Ch NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES F112.317, A FAILUR~ TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR M RE 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 88 - EFF. 112000 PAGE 2