08-07-1985
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CITY OF EDGEWATER
PLANNING AND. ZONING BOARD REGULAR MEETING
AUGUST 7, 1985
Minutes
Chairman Bennington called the regular meeting to order at 7:00 P.M., in the
Community Center building.
ROLL CALL
Members present: Messrs. Don Bennington, Jake Wheeler, Fred Finn, George
Quaggin, James Poland, Jim Mackie and Paul Loeffler. Also present:
Susan Wadsworth, secretary and various other people in the audience.
PUBLIC HEARING - Raymond Richards - Request to add gas pumps as a permitted
use in B-2.
Due to malfunction of recording equipment, the Public Hearing was unable to be
transcribed.
Board members discussed in depth the sketch plan. Topics of discussion were
set back and lot size, design of the pumps, future expansion and the distance
between pumps.
Chairman Bennington asked Mr. Richards what method he intended to use to service
the pumps. Mr. Richards answered that he was going to get a permit to cut a
hole in the wall and put a window in so that they could see and service the
pumps from the inside of the store.
One of the principle concerns discussed was the permitted location of the
pumps. Chairman Bennington pointed out that the pumps could not be within
twenty-five feet of any land zoned residential. He also stated that the pumps
had to be twelve feet from any right-of-way line. The Board determined, from
examination of the location of the proposed pump site on the sketch plan,
that the pumps would have to be moved.
Mr. Mackie called attention to the fact that Mr. Richards had only twenty-five
feet from the center of the island to the alley way and then from the center
of the alley thirty-five feet, which would not allow much room for heavy
traffic coming in and out when servicing trucks for gas.
An extensive discussion followed among Board members as to whether it was
legally an easement for utilities or an alley.
A discussion followed as to the types of businesses allowed in B-2 zoned
areas and how this change would effect present and future businesses in that
specific area. Mr. Bennington explained the Council has to advertise this,
hold Public Hearings and Mr. Richards would have to come back with a site
plan and comply with all the requirements. The Board then discussed the
property description of the proposed rezoned area and the benefits of rezoning.
There was also discussion about possible paving between the Shop E-Z and
the empty lot on Indian River Boulevard.
Mr. Wheeler made the motion to refer this request to permit gas stations
from the railroad track to India Palm Drive, Service Station, Type A, to the
City Council. Mr. Poland seconded the motion.
Chairman Bennington added that he thought that they should include pending
legal approval, adding that it was almost bordering spot zoning by permitting
only a certain business to operate in a very, very minute area.
Mr. Poland made a motion to amend the motion to permit the sale of petroleum
fuel as a Special Exception in B-2. Mr. Quaggin seconded.
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There was a discussion concerning whether or not the rezoning would be con-
sidered spot zoning. Chairman Bennington spoke to the Board about this
request; it is his feeling a legal opinion is necessary.
The amendment to the motion was voted on first. The amendment CARRIED 7-0.
The original motion was read back, upon voting the motion CARRIED 7-0.
Chairman Bennington explained this goes before the Council and they have a
whole process they have to go through for amending the zoning uses and then
they vote. He thanked Mr. Richards.
The Board now went into their regular meeting.
APPROVAL OF THE MINUTES
Mr. Wheeler made a motion to approve the minutes of July 2, 1985, Regular
Meeting, seconded by Mr. Quaggin. Motion CARRIED 7-0.
SITE PLAN REVIEW
SP-8510 - Ogil Reed - Auto Repair Shop - 24th and Guava
Ogil Reed was present to discuss this site plan. Chairman Bennington questioned
Mr. Reed as to the specific type of auto repair shop this is. Mr. Reed replied
that it is not a body shop, but an auto repair shop. The Board further asked
if he was operating the business himself, to which Mr. Reed answered yes.
Chairman Bennington confirmed with Mr. Reed the fact that the engineering
calculations were based on the prior site plan, not the newly submitted site
plan. Chairman Bennington pointed out that he did not see anything to control
the drainage in the front.
Mr. Reed said the paving in the front meets the requirements of a new Ordinance.
He continued by saying there is a buffer zone in the front, on each side and
there is a turn-around there.
Mr. Reed and Chairman Bennington had a discussion on the City paving the streets
in the future and water detention in front, for front drainage.
Mr. Mackie asked Mr. Reed how many people would be working there and he answered
one person, himself. Mr. Mackie asked Mr. Reed if he had any intentions of
using the building for storage, now or in the future, to which Mr. Reed replied
no.
There was a discussion about the engineer approving water retention and the
inspection having nothing to do with the approval of same. Included in the
discussion was the Boards agreement that Mr. Reed had the required number of
parking spaces.
Mr. Wheeler made the motion to approve, pending engineer's approval of drainage
plans, seconded by Mr. Quaggin. Motion CARRIED 7-0.
Chairman Bennington expressed that after the project is completed, it should
be required of the engineer to submit a letter to the Board stating that he
has complied with all Code requirements.
He also suggested that a form letter be drawn up administratively requlrlng
signatures by the owner and builder stating that all site plan requirements
had been complied with before Dennis Fischer ever has the final inspection.
Mr. Poland made the motion to approve, Mr. Wheeler seconded.
Motion CARRIED 7-0.
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August 7, 1985
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SP-8455 - VOLUSIA TRUSS - Anderson
Mr. Anderson was present to discuss this site plan.
Chairman Bennington reported that the original site plan; Mr. Anderson sub-
mitted, showed a 288 square foot building and the new site plan showed a
500 square foot building. The engineering calculations were based on the
288 square foot building.
Mr. Anderson stated that he thought it was going to be a 500 square foot
building because there are more people than himself involved.
There was a discussion regarding parking. Mr. Mackie related that Volusia
Truss was brought 'up once before on November 16, 1984.
It was agreed the Board should be supplied with a copy of the Lease and
approval from the engineer on the drainage.
Mr. Wheeler made the motion to approve, pending approval of the engineer
on the drainage and copy of the Lease. Mr. Mackie seconded the motion.
Motion CARRIED 7-0.
Mr. Anderson thanked the Chairman and the Board.
SP-8517 - David Mitchem
Mr. Mitchem stated he did not have all the information for the Board to act
on this request; he asked to have SP-8517 Tabled.
Mr. Wheeler made the motion to Table, Mr. Quaggin seconded. Motion CARRIED 7-0.
SP-8516 and COZ-85-14 - Dr. L. J. Liddle - 103 Connecticut - Professional -
Chiropractic
Dr. L. J. Liddle was present to discuss this site plan and his request.
Chairman Bennington explained that this property is located at the corner
of Connecticut and US-I. Mr. Mackie remarked that the Board had a letter
relating to storm water from the engineer. Board members viewed the site
plans and all accepted. Chairman Bennington asked if there were any comments.
Mr. Mackie made the motion to accept, Mr. Wheeler seconded. Motion CARRIED 7-0.
Chairman Bennington said that Dr. Liddle needed zoning and, as a matter of fact,
he is improving the property by bringing it up to Code. There being no problems
with Dr. Liddle's request to operate his business in this location, Mr. Wheeler
made a motion to accept this zoning request, Mr. Finn seconded. Motion CARRIED
7-0.
CERTIFICATE OF ZONING REQUESTS
COZ-85-02 - Homer R. Spencer - 2518 Hibiscus - Repair Service - Wheelchairs
a medical equipment
Mr. Spencer was present to discuss this request with the Board.
Secretary, Susan Wadsworth, informed the Chairman that the address was changed
to 1852 Hibiscus. Mr. Spencer informed the Board that parking was a problem
at 2518 Hibiscus.
Board members examined the new site plan and had a discussion about the location
being the U-Lock-It and it being a combination of Mini-warehouses and regular
business establishments that had been there for a while, also that it had
adequate parking.
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August 7, 1985
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The Board concluded that Mr. Spencer had moved location to meet Code require-
ments for parking and that his intent was a repair shop not a storage business.
Mr. Wheeler made the motion to accept, Mr. Poland seconded. Motion CARRIED 7-0.
caz 85-10 - Clay A. Lyles - 1947 W. Park Avenue - Manufacturing surfboards.
Mr. Lyles was not present and Mr. Bennington pointed out that his papers were
not filled out correctly and the sketch plan was unacceptable. Mr. Wheeler
made the motion to Table because a new sketch plan and acceptable forms needed
to be submitted. Mr. Mackie seconded the motion. Motion CARRIED 7-0.
The Board also discussed the Fire Code. They were concerned because of the
chemicals used in manufacturing.
caZ-85-11 - Patricia Bradshaw - 1863 Guava - Repair service - Lawn mowers -
Retail sales.
No one was present to represent this request.
Mr. Poland asked secretary, Susan Wadsworth, for two Conflict of Interest forms,
one for this business and one for Personal Touch.
Mr. Wheeler made the motion to Table, Mr. Quaggin seconded. Mr. Poland abstained
due to conflict of interest. Motion CARRIED 6-0.
caz-85-12 - Eugene Harden - Tommy Bundy - 706 C. W. Park Avenue - Manufacturing
Cabinets.
No one was present to discuss this request.
Mr. Wheeler made a motion to Table pending better drawings, Mr. Poland seconded.
Motion CARRIED 7-0.
caZ-85-13 - John R. Swain - 203 W. Marion - Auto body shop.
~o one was present to discuss this request.
Mr. Wheeler made the motion to Table pending better drawings. Mr. Mackie
seconded the motion. Motion CARRIED 7-0.
caZ-85-15 - Raymond Gallagher - 2104 Hibiscus - Assemblage - Screen printing -
Retail sale.
ML Gallagher was present to discuss this request.
Board members discussed the location and the fact that the building has an
office in the front and storage in the back.
Chairman Bennington asked Mr. Gallagher the number of employees he intended
to employ. Mr. Gallagher answered three employees and himself. Mr. Mackie
advised Mr. Gallagher that was the maximum number of employees he could have
without a Special Exception.
Mr. Bennington asked about the screen printing equipment. Mr. Gallagher
answered, silk screens that they put together and ship out.
Chairman Bennington asked him if he intended printing T-shirts. Mr. Gallagher
answered no.
Mr. Poland asked if customers would be entering his establishment, to which
he answered nobody comes there.
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August 7, 1985
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Mr. Mackie asked him if he was working as a jobber. Mr. Gallagher replied
no; they manufacture and his son sells and then they ship them out together.
Mr. Wheeler made the motion to accept, Mr. Finn seconded. Motion CARRIED 7-0.
COZ-8S-16 - Greg C. Stewart - 706 F. W. Park Avenue - Manufacturing building
components.
No one was present to discuss this request.
Mr. Finn made the motion to Table, Mr. Mackie seconded. Motion CARRIED 7-0.
COZ-8S-17 - Sam Comerate 106 S. Old County Road - Lawn care; repair service -
Lawn mowers. Retail sales.
Sam Comerate was present to discuss this request.
Chairman Bennington asked Mr. Comerate how many employees did he intend to
employ? Mr. Comerate answered eight.
Chairman Bennington informed Mr. Comerate that he had driven by his business
two days in a row and had noticed quite a few vehicles parked on the lot across
the street. He asked Mr. Comerate if all the vehicles were his employees.
Mr. Comerate answered that he didn't know.
A discussion ensued about there being adequate parking in the back.
Mr. Mackie remarked that the site plan did not indicate parking in that area
and that a better sketch, indicating parking, was needed. Mr. Mackie also
advised, since Mr. Comerate's business was a customer service business with
people coming and going, that his sketch should have some shape or formula
in regards to customer parking.
Chairman Bennington recounted that Mr. Comerate was in a situation in which
he was in business, moved, and in the process of transferring his license.
Also, Mr. Comerate says he is cleaning up the area to have room for his
employees to park.
Chairman Bennington advised Mr. Comerate that he should come back next month
with a drawing that showed the property perimeters and where the building is
located and where the parking spaces are. Mr. Comerate said he could come
back and . as~ the Board's advise on acceptable proposed areas of parking.
A lengthy discussion followed.
Mr. Wheeler made the motion to Table, pending a new set of plans. Mr. Quaggin
seconded the motion. Motion CARRIED 7-0.
COZ-8S-18 - Debra Ann Dorcy - 102 Merrimac - Day Care Center
Debra Ann Dorcy was present to discuss this request.
Mrs. Dorcy informed the Board that she was in the process of acquiring owner-
ship of the property.
Chairman Bennington stated that after viewing the property and sketch plan;
he noticed the turn-around driveway in front was close to the street and the
sketch plan did not have a definition of how far it is from the street. He
also said the sketch showed four parking spaces and he could not see any
way there could be four parking spaces without being right in the middle of
the road.
Mrs. Dorcy explained that she was going to put up a six foot property fence.
The parking would start at the beginning of the fence and was half way into
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the grass part and there would be no parking where there is shell. She also
stated that it would not look anything like it does now, because they don't
own the property yet.
Chairman Bennington asked how far is it from the front of the building to
the street. Mrs. Dorey answered thirty-three feet from the road to the
beginning of the house where the fence is going to be.
Mrs. Dorey answered various questions regarding the present structure.
The Board informed her that this is a non-conforming structure and, being
titled pre-school, she would have to adhere to State Law Chapter 481.
Chapter 481 states "Any commercial building, valued in excess of $25,000.00,
must have it registered or certified in general for the building contractor
to build it."; it also says "anything over $25,000.00 must have an architect
seal". After a general discussion among Board members, they concluded that
she would need a general contractor for plumbing, electrical and A.C. & Heat,
due to State law, but all other work could be done by herself.
Discussed at length was the subject of parking. Mr& Dorey stated that she
would have to have one parking space per twenty-five children and one per
employee and she would like to be zoned for forty-five children, which would
mean she would need five parking spaces. She continued by saying the turn-
around also allows for parking and enables the parents to drop the children
off without having to actually park, then continue around. She informed the
Board that there would be an overhang built so that if it was raining, they
wouldn't get wet.
Chairman Bennington stated the biggest problem is that you have to have
10' x 20' behind it for backing up and then you can't arrange the parking
where you back directly onto the highway and you are five feet short.
Mrs. Dorey pointed out the reason for the turn-around was so that the parents
could stop then continue around so as not to cause a traffic jam by having to
back out.
Mr. Wheeler made a motion to accept, providing Mrs. Dorey meets all requirements
for State approval. .Mr. Finn seconded the motion. Motion CARRIED 7-0.
OLD BUSINESS
ANNEXATION REQUEST - John and Doris Massey, North side of 12th Street, 16 lots.
Chairman Don Bennington stated that the Board has received a letter from the
engineer saying that it is not feasible to connect to the City Sanitary
Sewer System.
Chairman Bennington also read from a letter from Terry Wadsworth, which
pointed out that if he was going to build right now, the City could give him
the water, or if he was going to build sometime in the future, the City
could give him the water, but somewhere in between, there might be a time
when he can't have the water. His letter also states that he feels the small
number of building lots can be serviced with water, if the Planning and Zoning
Board feels this annexation to be advantageous to the City as a whole. Mr.
Wadsworth ppinted out that the owners of vacant lots in Florida Shores have
made no contribution to the water and sewer impact fund, paid no front foot
assessment, no utility taxes and no monthly service charges and the taxes
do not subsidize the operation of the water and waste management system.
Chairman Bennington brought up the question of why is it advantageous to the
City to annex just these sixteen (16) lots, as he felt it would be advantageous
to annex all the land. A discussion followed about the land being a forestry
operation. Mr. John Massey said the reason they decided to annex these
sixteen (16) lots is because they abut a City street and it is not that
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August 7, 1985
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important for a forestry operation to have street frontage. He continued
to say that they felt it would be a way for them to recapture a little liquid
capital without interfering with the rest of their forestry operation. Chair-
man Bennington and Mr. Massey then had a discussion about the planting strip
between the sixteen (16) lots and the City street and the location of the
property, which is located at 12th where 13th, which is that triangle street,
that comes into 12th and goes west to just east of Sabal Palm down to Willow
Oak. Chairman Bennington asked if it would benefit the City in its annexation
to the west and a discussion followed about future projected use of the property
to the west.
Mr. Massey said that according to the City they're not supposed to drive
out on that street anyway, so what good did it do us, so why not annex it
in and let it be part of the City so that the land could have access to the
City street, which was the theory behind it.
Chairman Bennington questioned if they annexed and lost the buffer, then
what would be the situation. A reply was made that if it is annexed in,
the problem is that it would become a subdivision unto itself. A discussion
about subdivision requirements followed and about the planting strip: no one
knows why it is there and who owns it. Mr. Massey said that they didn't
want to get into any big development; all they wanted to do was utilize the
property along the street to what would be consistent with good planning. He
added that in his opinion it would also provide a residential lot buffer
between the residents on the south side of 12th Street, and right now legally
they could go 20 feet off 12th Street and could put in a hog farm and there
wouldn't be anything the City could do about it. He said it seems to him if
the City had a lot buffer there 125 feet deep, it would provide a little
buffer from the existing City Residents, which would be another advantage to
the City. Mr. Massey noted he wants to rededicate the buffer for street
purposes.
A question was asked that if it was owned by the City, the City would have to
vacate it and discussion followed about the advantages of a six (6) foot buffer.
Chairman Bennington said they are able to put in a. subdivision, have use of
the petitioned street; the City is supplying the water, allowing them to put
in a septic tank in an area that they already know they shouldn't put septic
tanks in, and sewer systems are needed there, so all the advantages look like
they are on Mr. Massey's side not the City's. Mr. Massey said he didn't
know.
A Board member asked if it is Mr. Massey's intention to put in septic tanks.
Chairman Bennington said the Code says that he has to either build a sewage
treatment plant or tie into our system unless the engineer determines that it
is infeasible, which he has.
A discussion followed about septic tanks not being allowed in Florida Shores,
and the County septic tank requirements.
Mr. Massey then said the people on the south side of 12th Street would probably
be happy to split the cost with the people who lived on the north side when it
came time to make assessment for paving 13th Street, otherwise, the people on
the south side of the street are going to have to pay the whole thing.
Mr. Massey again stated the the sixteen (16) lots were not very much use
to them from an agricultural standpoint because if the planting strip prohibits
crossing it, which they don't know about yet, then they don't have access
to 12th Street, so it's not much use to them so they might as well sell it
off for lots.
A discussion then followed about selling the lots and the owners not being
able to get City water for an undefinite time. Mr. Massey was asked if that's
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August 7, 1985
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his intentions. Mr. Mackie then discussed the problems that would arise with
the County as to requirements for sewage and water and questioned what was
in the best interest for the City as a whole and not what Mr. Massey's desired
intentions are for the use of the land.
Chairman Bennington asked the size of the lots and Mr. Massey said most of
them are 100' x 125', a couple are 80' x 125', and some pie shaped because
of the way the lot lines worked out.
Mr. Poland brought up the statement that Mr. Bennington made, that most of
the benefits to this project lies on Mr. Massey's side. He asked Mr. Massey
if there were any facts that might be considered; such as, the City is always
looking for land for parks. Mr. Massey's reply to land for parks was that he
couldn't anticipate what the City would want and they would have to consider
what the City presented to them.
A discussion then followed about the land being low and not good for anything
but growing timber. Mr. Massey said that he didn't mean that it was low
but there was some grass ponds and it is part of an agricultural operation.
Chairman Bennington's reply was to annex or do zoning changes the City would
have to comply with the Comprehensive Plan and the Comprehensive Plan is very
clear on the issue of eliminating existing sources or future sources of waste
water pollution by requiring the developer to bear the cost of extending
lines to new developments, installing necessary collection systems and to
review these development plans before issuing permits.
Chairman Bennington commented on a letter from HUD regarding a potential
health hazard which could exist if past practices are continued without con-
sidering the alternative presented earlier and the situation has not gone
unnoticed. City officials are attempting to provide public water supplies
to much of Florida Shores, which the City has done. HUD's letter continued
to say that they have had a reinvestigation of the soil condition of Florida
Shores and they are continuing to reject process applications in Florida
Shores until an acceptable sanitary system is installed. In addition, the
municipality owes it to the respective buyers and future residents of the
community to make application for assistance to install public sewer and
sewer systems throughout the area, either by assistance of HU~ on a grant
basis or through bond assistance by the municipality. Chairman Bennington
said that from everything he has read that he concludes that the City should
stay away from septic tanks as much as possible. Mr. Massey then stated
that it was not fair for the project to bear the cost for two hundred people
to obtain the benefit of the line.
The Board members then participated in a discussion related to impact fees
and the City bearing most of the cost for a sewer system.
Mr. Wheeler made a motion to Table this request until they hear from Mr. Massey.
Mr. Poland seconded the motion and it CARRIED 7-0.
Mr. Massey asked for clarification of the motion.
The Board members reviewed the Comprehensive Plan.
Mr. Mackie made a motion to do a study by the City Engineer and refer it to
the City Council for them to consider.
Advantages to the City in squaring off the boundaries to give more contiguous
land for future annexation was discussed.
Mr. Massey said that by annexation of these lots the City could avoid future
problems.
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August 7, 1985
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In conclusion, Mr. Mackie summarized that Mr. Massey is not interested in
the cost, only in the fact that he, Mr. Massey, did not burden himself with
any cost as long as he gets the property annexed. The rest is up to the
City to keep running the lines all the way through and in time, if there are
no houses there, we will get impact fees from the sewer line. Mr. Mackie
concluded that the City would be laying a lot of pipe that would sit there
for an eternity before the City would get its money back, just to get a line
to him so that he could build houses. Mr. Mackie said he didn't see the
value to it.
Mr. Wheeler made the motion to deny and Mr. Poland seconded it. The motion
CARRIED 7-0.
NEW BUSINESS
Letter from City Clerk/Admin. Connie Martinez on contradictions in B-3
Permitted uses.
Chairman Bennington reviewed Mrs. Martinez's correspondence with the Board.
Memo from City Clerk/Admin. Connie Martinez on correction to City code.
Chairman Bennington reviewed the memo from Mrs. Martinez regarding researching
the Occupational Licenses of the Code to determine if the recommended changes
effect any other zoning classifications. When contradictions are found, the
Board is advised to contact Mrs. Martinez so that she can instruct the
Municipal Code Corporation to make corrections in the next supplement.
Memo from secretary regarding amending Ordinance 84-0-36.
The Board was advised of a typographical error which stated "We don't review
single family or duplexes". The Chairman directed a letter be sent to the City
Council advising them of the error.
Coleman Construction Company - request a replat of six lots to four lots in
Shangri-La Village Subdivision.
The Board discussed Coleman Construction's request to use two lots instead of
one to build a duplex.
MISCELLANEOUS
Chairman Bennington read a memo to the Board from David Jones, Code Enforcement
Officer, Fire Safety Inspector on landscaping and parking requirements on site
plan 8443.
Chairman Bennington read a memo from the City Clerk suggesting that the Board
amend the subdivision Ordinance to also include bike paths. The Board discussed
future bike paths in the area and the cost.
Mr. Poland made the motion to adjourn, Mr. Loeffler seconded.
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August 7, 1985
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FORM 4
M~ORANDUM OF VOTI~G CONFLICT
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THE BOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH I SER VE IS A UNIT OF:
~ 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE
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NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
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WHO'MUST FILE FORM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided
into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting; and
(b) WITHIN 15 DA YS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on
4{~ 5/~ ~T- ) ,19k.C:
(a) I abstained from voting on a matter which (check one):
~ to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
CE FORM 4 - REV. J(}'84
PAGE I
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'(b) The. measure on which i abstained Q the nature of my i~terest in the measure is QIIOWS:
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Date Filed
Please see PART C for instructions on when and where to file
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes (Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within IS days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on , 19 _:
(a) I voted on a matter which (check one):
_ inured to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
Date Filed
Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (IS) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 0 I 12.317(1983). A FAILURETO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT.
DEMOTION. REDUCTION IN SALAR Y. REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED 55.000.
CE FORM 4 - REV. 10-84
PAGE 2
FORM 4
. f ... 110
MElwioRANDUM OF VOTII.<i CONFLICT
LAST ~ME-FIRST NAME-MIDDLE NAME
r~ L.. AJ 1) ~ ~/Y16S V I /lJ celJ-r
MAILI~ ADDRESS
130' '-100
CITY
€d 'eW~f,-+~
DATE ON W ICH VOTE OCCURRED
THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
ififlTY 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE
j
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NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
, Ct . & vd
C-,'-fy tfr.(' Ec/~R~-I~
WHO'MUST FILE FORM 4
This form is for use by any person 'serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided
into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting; and
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The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(b) WITHIN 15 DA YS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on
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(a) I abstained from voting on a matter which (check one):
~ed to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
CE FOR M 4. REV, IO-R4
PAGE I
(tffThe measure on which i abstained Q the nature of my i~terest in the measure is QOIIOWS:
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Date Filed
Please see PART C for instructions on when and where to file this
PART B
VOTING CONFLICT DISCLOSURE FOR aT ATE OFFICERS
[Required by Section 112.3143(2), Aorida Statutes (Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on
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(a) I voted on a matter which (check one):
_ inured to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
Date Filed
Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA ST ATUTESO 112.317( 1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y
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 SS.OOO.
CE FORM 4 - REV. 10-84
PAGE 2