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01-02-1986 '-J (.) ... CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 2, 1986 MINUTES CALL TO ORDER Chairman Don Bennington called the meeting to order at 9:00 A.M. in the Community Center. ROLL CALL Chairman Don Bennington Mr. M. F. (Jake) Wheeler Mr. Fred Finn Present Present Excused Mr. George Quaggin Mr. James Mackie Mr. .ccorge Qtlt~~iu '". A.... , l- ~ 0(. ~ .- Present Present Present Also present were: Mr. John Massey of Massey Enterprises; Ms. Johann Mitchell regarding COZ-85-56 and COZ-85-57; Mr. Alfred A. DeCubellis regarding COZ 85-58; and Mr. Norman Williams regarding the Special Exception to I-I request. Mr. Frank Opal was in the audience. APPROVAL OF MINUTES December 12, 1985 Workshop meeting - Mr. Wheeler moved to accept the minutes of December 12th. Mr. Mackie seconded the motion. Minutes were unanimously accepted. December 19, 1985 Regular meeting - These minutes had not been completed in time for review and will be submitted at the next regular meeting. PRELIMINARY PLAT - SP-8534 R-l Cherokee Ridge, Massey Enterprises _ Page 1713 of the Code regarding the preliminary plat procedure was reviewed. Chairman Bennington noted that all department head comments were favorable or no replies. Mr. Quaggin pointed out they need a fire hydrant. Mr. Loeffler questioned the ditto comments on the response from Public Works regarding drive- ways. Mr. Wheeler questioned the opening on the corner of lot 15. Mr. Mackie asked Mr. Massey if all of these are facing 12th Street and Mr. Massey replied yes. Mr. Mackie questioned why lot 15 is angled off and Mr. Massey replied that's the way the property line to U.S. 5 is angled. Mr. Mackie asked if the purpose is to get a road to go in the side of the property. Mr. Massey stated that Council won't allow anyone to pass the strip except for residents only for a driveway and it's a moot point. Chairman Bennington asked if it will go beyond the property line and Mr. Massey replied that the easement didn't apply because the easement that was granted was to cross for driveway purposes only. Mr. Mackie pointed out it will be 15 driveways through the easements. Chairman Bennington said he understood it would be granted on a one time basis. Mr. Massey stated when they sell the lots this would show up as a title defect unless they got this cleared. and it will be a one-time easement, and the attorney has drawn it up. Chairman Bennington asked if the final annexation is completed and Mr. Massey replied yes. Chairman Bennington noted the City Engineer gav( them a letter saying that sewer is not feasible. Mr. Loeffler asked if they need a public hearing and Chairman Bennington replied it will be before the final acceptance. There was a review of the sketch presented. Mr. Wheeler questioned if there could be a driveway on the corner and Chairman Bennington pointed out that's not part of the land that was annexed.) Frank Opal said according to the map they should have a road on the inside of the buffer strip where the ingress and egress is, north of the buffer strip. He also said they should build a road as it's the only proper and legal way. Mr. Loeffler said it would be a road beside a road and they should build the road behind the property. Mr. Mackie stated the buffer strip should be in the back of the property. Chairman Bennington pointed out the buffer strip is to be left where it is and they'll grant easements for driveways. Mr. Massey stated the easement will be restricted. Chairman Bennington noted that Council overturned them. There was a discussion about the minutes of the Council meeting which are not given to the Board. Mr. Mackie stated that they hear so many verbal things but get nothing in writing and read about it in the newspapers. Mr. Massey pointed out it was brought up at the Council meetings and there were public hearings. Mr. Wheeler stated they don't have anything in writing about it. Mr. Mackie said backs of the property abut the buffer strip. Mr. Massey stated there are not buffer strips on the back of all the properties and to apply it to his situation would be discriminatory. o o Preliminary Plat - SP-8534 R-l Cherokee Ridge, Massey Enterprises(Continued)- Mr. Mackie asked if there's a buffer strip around all of Florida Shores and Mr. Massey replied that the strip is only where there's a street. Mr. Massey reviewed on the wall map some of the areas that did not have buffer strips, and noted the City vacated one buffer. Mr. Massey pointed out they own the other property and could drive through it if they wanted to. He added that Council handled the buffer question by saying they couldn't use it for a road. Chairman Bennington asked about an existing water line and Mr. Massey replied it's the 6" water line. Mr. Loeffler said he doesn't think they can act on this until they get facts and figures. Mr. Mackie agreed. Chairman Bennington pointed out this is just the preliminary. Mr. Wheeler suggested they get more information of what the City did. Mr. Massey asked if they could do it now so he wouldn't have to; wait. Frank Opal said he has the map that shows there's a 57-acre plot and none is platted and they should proceed with the four sections on the map. He added that he went to the assessor's office with it. Chairman Bennington noted that he's trying to get it platted. Mr. Opal said he suggested a road on the north side of the buffer strip and they can't deed the strips to them as Magnuson gave it to the City. Chairman Bennington said the buffer strip discussion doesn't make a difference since Council is going to leave it like it is, and it's not a minor subdivision as a lot of the minor is exempt. Mr. Massey stated the engineer is in the process of drawing up the water management calculations that will be submitted to the City Engineer and he will have to approve it so this could be a conditional approval. Chairman Bennington read further from the preliminary plat requirements, noting it will be City water and septic tanks. Mr. Massey agreed. Chairman Bennington asked if there will be any dredge and fill operations and Mr. Massey replied none, and water retention will be a swale system. Chairman Bennington asked about the tree and landscape plans. Mr. Massey said he thought it was primarily for rights of way and it wouldn't be applicable because there are no street rights of way. He added that individual lots will be addressed when the people clear the lots for the buildings. Chairman Bennington stated individual lots don't apply to the landscape ordinance and the subdivisions do. Mr. Massey asked how the developers do it and if they could say it's when they clear the lots individually. Mr. Wheeler pointed out the ordinance stipulates the size of the trees and which trees. Mr. Mackie noted some trees may have to be moved. Mr. Massey said it seems to address common areas. Chairman Bennington said they need landscaping and tree management and it needs to comply with the ordinance. Mr. Massey suggested they make that a conditional item also. Mr. Loeffler asked about sidewalks and curbs and gutters. Chairman Bennington stated it needs sidewalks and asked about the maintenance bonds being posted. Mr. Massey said regarding sidewalks, it says sidewalks will be provided along the dedicated right of way and he felt they were to be on site improvements and since they don't have any rights of way in the subdivision and aren't creating any, then the sidewalks would not be required since there are no new streets. Chairman Bennington said he feels the sidewalks are required and he read the section of the Code. He pointed out Pelican Cove West sidewalks aren't in the right of way but on private property. Mr. Mackie questioned where the children would walk without sidewalks, and said they should follow the book because other subdivisions will follow along. Mr. Massey pointed out there would be no more sidewalks after the end of his subdivision. Mr. Mackie said they want it to be a nice development where people don't have to walk on the roadway. Chairman Bennington asked for any other comments, under item (j) of page 1717. Mr. Wheeler noted what they just discussed would apply and Mr. Mackie agreed. Mr. Wheeler asked they be furnished with the ordinances that passed. Mr. Mackie asked that the minutes be furnished to them. Chairman Bennington stated they got one set of minutes after their request and then the secretary was told not to give them to him. -2- Planning and Zoning Board Regular Meeting Minutes January 2, 1986 o o Preliminary Plat - SP-8534 R-l Cherokee Ridge, Massey Enterprises (Continued)- Chairman Bennington stated the two main items are sidewalks and tree and land- scaping. Mr. Massey asked that if the sidewalks have to be there, that they not be constructed until the building construction is underway because the trucks and bulldozers will bust them up. Chairman Bennington noted they'd done that at Gas Lite and he was given two years to do it, and then had to do it for any construction not complete at that time. Mr. Massey pointed out they don't know where the driveways will be until they build the houses. Mr. Mackie asked if Mr. Massey will be developing the 15 lots and Mr. Massey replied he might do one or two but most will be sold to individuals to put in their own house. Mr. Mackie pointed out he'd be liable for anything that goes on in there if he's the developer. Chairman Bennington agreed the original developer is liable for the improvements, according to the attorney. Frank Opal said the road is just a gimmick because it will be sold in one package to somebody. He added that Dana Armstrong said the only thing they can do is put a sidewalkon the inside of the buffer strip on the north side, and each one will be told to go to the City Councilor Board of Adjustments to get a driveway to 12th Street. Chairman Bennington asked if they have to go to Council for an easement, or if it's automatic. Mr. Massey replied he understood it would be granted to him. Mr. Wheeler said they need that before they can pass this. Chairman Bennington asked where the sidewalk will be and Mr. Massey replied the south side of the buffer because the sidewalk can't go to the east. Mr. Opal stated he has the original map of Florida Shores from Dana Armstrong and he intends to fight this to the end and it will be done properly and legally or there will be repercussions. Chairman Bennington stated Mr. Massey wants preliminary plat approval to proceed and come back with the other things to get final plat approval and they need sidewalks, landscape and tree plan, and copies of what Council did. Mr. Mackie suggested if the Board approves this preliminary sketch plan then they should request all the information they need from Council related to this property and the City Engineer be notified to research the property related to water retention. Chairman Bennington read from page 1724 regarding required improvements. He noted that Appendix C says they don't need a street but under subdivisions it requires they have access to a street. Mr. Mackie said he'll need a street. Chairman Bennington pointed out he'll use 12th Street. There was further dis- cussion about using 12th Street and more review of Appendix C regarding the County's zoning requirements. Chairman Bennington noted the City uses swales instead of curbs and gutters. Mr. Massey said the City Engineer will go through this. Chairman Bennington noted the Council authorized him to use this existing street instead of putting one in. There was a discussion of the major and minor subdivisions. Mr. Mackie stated that Council didn't now which it was when they took action, but Mr. Massey reiterated that he thinks they did. Chairman Bennington said it will include stormwater management. Mr. Massey stated they'll do that and submit it to the City Engineer. Chairman Bennington stated all utilities will be underground. Mr. Massey noted that F~orida Power and Light will design it. Mr. Wheeler said they'll put transformers in the yards. Mr. Loeffler asked if there's an easement on the back side for power and Mr. Massey replied it's on the south side. Mr. Loeffler noted they'll see it on the final plan. Chairman Bennington asked about street lights. Mr. Massey said the City has to determine if they want to pay the utility bill and he'll put one up if it's required. Mr. Mackie said they need lights there. Chairman Bennington again stated for preliminary it's the tree and landscape plan, the sidewalks, and stormwater management from Mr. Massey. Mr. Massey asked if they could handle that as a conditional approval. He added that land- scaping and stormwater is for the City Engineer and the plans will be submitted to the engineer for sidewalks if it's required. Mr. Opal stated he'd talked to the City Attorney about this and the City Attorney asked him what he's going to do, because he knows it's wrong but they want to push it through, and that's the Council, and the same thing will happen with this as with Wildwood. He asked why the County didn't approve building there and it's in the flood prone area. Chairman Bennington said that's why they want approval from the City Engineer. -3- Planning and Zoning Board Regular Meeting Minutes January 2, 1986 o Q Preliminary Plat - SP-8534 R-l Cherokee Ridge, Massey Enterprises(Continued)- Mr. Wheeler suggested they TABLE this until they get the items, and he made that a motion. Mr. Quaggin seconded the motion. Mr. Wheeler clarified it's the annexing and rezoning ordinance and everything passed regarding the annexation. Motion CARRIED 5-0. Mr. Massey asked if they could set another date. Chairman Bennington said he thinks it will be the next meeting. Mr. Massey said he can make copies of what's needed so they can come back at the next meeting. CERTIFICATE OF ZONING REQUESTS COZ 85-54 Charles T. Shields re: Video Tape and Player Rental - There was nobody present to represent this request. Chairman Bennington explained this item was acted upon previously but there was a conflict that was not handled correctly. Mr. Wheeler moved to accept this. Mr. Mackie seconded the motion. Motion CARRIED 4-0. Mr. Loeffler abstained from voting due to a conflict. COZ 85-56 and COZ 85-57 Johann R. Mitchell re: Consultant Nutritionist and Retail Store - Health Foods - Ms. Mitchell was present for this request. It was noted that both of these are in the Florida Shores Plaza in the same store. Mr. Loeffler moved to accept this. Mr. Wheeler seconded the motion. Motion CARRIED 5-0. COZ 85-58 Alfred A. DeCubellis re: Auto Service Type B - Mr. DeCubellis was present for this request. Chairman Bennington asked if it's where CAR was before and Mr. DeCubellis replied yes. Mr. DeCubellis said he understood when he bought it that it was to sell automobiles and a body shop with a spray booth, but he doesn't want the spray booth. He added that he wants to repair a used car when he buys it for resale and then wants to make other repairs there after his warranty of 30 or 60 days is over. Mr. Wheeler asked about the paint shop and Mr. DeCubellis said he doesn't want that there. Chairman Bennington asked about the parking there and if there's something built in the back. Mr. DeCubellis said it's a compound in the back. Chairman Bennington asked if there was a permit and Mr. DeCubellis replied no. Chairman Bennington stated that no permit is to be issued in B-3 unless it goes through Planning and Zoning, and he read from the applicable section of the Code. Mr. DeCubellis state there's a big lot in the back, about 200 feet deep. Chairman Bennington said they need a paved parking lot and stormwater retention besides just a license. Mr. DeCubellis asked if they can service what they sell and Chairman Bennington replied he didn't know. Chairman Bennington pointed out he'll need 3 parking spaces for each bay, and 4 parking spaces for each stall for sales. Mr. DeCubellis noted he has 2 bays. Mr. Loeffler stated he has room in the back for parking but he needs a plan. Chairman Bennington agreed he can do it but needs the paperwork. Mr. Mackie asked if he bought the property and Mr. DeCubellis replied yes. Mr. Mackie pointed out he didn't sign the certificate on the back. Mr. Wheeler said they need a different drawing. Mr. Loeffler said he has to go to the Building Office. Mr. DeCubellis said he was just remodelling the current one with doors, etc., and was putting up a carport when the Building Official stopped him. Chairman Bennington stated they need something to show them where it is and how it's laid out and it will have to comply with the parking code. He suggested he get the parking code, section 700.00, from the Planning office. Mr. Loeffler noted they need to see the water retention, and that B-3 permits this. He added they need to see where the water is going when it's paved. Chairman Bennington noted he can sell but not service now, based on what's on the drawing. Mr. DeCubellis asked if he has to go for stormwater and Chairman Bennington replied it's according to the parking area. Chairman Bennington said they need to show the size of the parking lot, where they are, and how they'll get there off the street. Mr. Wheeler moved to TABLE this until he comes back at the next meeting. Mr. Mackie seconded the motion. Motion CARRIED 5-0. -4- Planning and Zoning. Board Regular Meeting Minutes January 2, 1986 o o CERTIFICATE OF ZONING REQUEST (Continued) Norman E. Williams re: review request for manufacturing of racing automobiles - Chairman Bennington stated this is an existing building and they want to build race cars and they need Planning and Zoning to agree it's a special exception. Mr. Mackie pointed out that the Board of Adjustments already advertised it. Mr. Wheeler stated it's not allowed in I-I. Chairman Bennington stated that on page 1616 it would qualify this to be a Special Exception to I-I and they need a recommendation from Planning and Zoning. Mr. Williams came forward to speak regarding this request. Chairman Bennington questioned what building race cars would fall under and Mr. Williams answered it would be similar to Noland Cars. Mr. Loeffler read from page 1603 regarding manufacturing, noting that light manufacturing can't exceed 3 employees. Mr. Williams stated they'd have no employees as such. Mr. Loeffler said he thinks he would fit in there. Chairman Bennington stated it's a permitted accessory use. Mr. Loeffler said it's a permitted use in B-3, and an exception in I-I. Chairman Bennington noted that I-I doesn't have much listed, but permitted uses there include boat building, which would be similar. Mr. Williams stated it's in the same building with the transmission and body shops. Mr. Mackie asked if they build the cars entirely and Mr. Williams replied all but the motors. Chairman Bennington asked if they'll have junk cars around and Mr. Williams replied no, and he'd taken a fork lift and moved the other junk cars off his property. Mr. Williams explained the exact location of the building, noting that it belongs to Paul Zimmer. Chairman Bennington questioned how it went to the Board of Adjustments first. Mr. Williams said because of the manufacturing of the racing cars, they suggested it be a Special Exception. Mr. Quaggin pointed out the public hearing is to notify the property owners. Chairman Bennington noted it would be different if it were to build a building, but if they approve it at Board of Adjustments, then he'll have to come back to Planning and Zoning. Mr. Mackie asked if it's a 24-hour job and Mr. Williams replied that during race weeks it might be because the drivers from Daytona Beach may need some place to work, but they won't run motors after regular hours. Mr. Loeffler moved to approve this as a Special Exception. Mr. Wheeler seconded the motion. Motion CARRIED 5-0. OLD BUSINESS House Numbering Project - Mr. Loeffler pointed out that on page 1185 it refers to numbers on buildings. Chairman Bennington suggested they TABLE this and review the County ordinance and compare it with the one in the Code. Set Back Encroachments for entire City. Set date for public hearing - Chairman Bennington stated this was regarding the information from Dennis Fischer on the air conditioners and driveways but he doesn't understand about a public hearing. He suggested Council can do that when they consider it. Zoning of Pelican Cove West. Set date for public hearing - Chairman Bennington stated they need some questions answered such as legal rights for the developer of Pelican Cove West and if Phase II is platted. He said all the lots are undersized and they need to how how they stand legally. He added that he's being told he has no approval for Phase II but there are roads in, the lots are too small, and there was a variance granted originally. There was a dis- cussion of what plans are available in the files. Mr. Mackie reviewed the 2-year waiting period for annexation unless there is a waiver from the County. Mr. Loeffler requested a plot plan of what they want to do and review it to come up with a solution. Chairman Bennington noted the question is since it was not zoned by the City, they need to know where the lots are to be. Mr. Loeffler suggested 'they rezone the whole plan. Chairman Bennington said Dan Holahan went to the County about increasing the density. Mr. Wheeler suggested they table this for more information. -5- Planning and Zoning Board Regular Meeting Minutes January 2, 1986 o o OLD BUSINESS (Contined) Zoning of Pelican Cove West. Set date for public hearing (Continued) - Henry C. Scherz said he was here 2~ years ago and there are 90 to 100 houses built and no matter what they do with zoning now, they're already there. He suggested they consider what's in the new area. He said R-4A is being considered and they have violations of the Code now and they're building bigger houses on smaller lots with 11 foot off the wall. Chairman Bennington asked if the Building Official knows this and Mr. Scherz replied that he made an appointment to meet with the Building Official on Monday after Thanksgiving to get his input but he then couldn't meet him at his office. Mr. Scherz said the Building Official told him he'd met with J. C. Carder to get an excuse. He also said the Building Official said it's the front foot that is measured and not the back lot. He added that he asked the Building Official about the 11 foot 8 inch in the rear lot and the Building Official told him the man pouring the concrete normally pours in Florida Shores where it's 30 feet and he puts in an extra foot back. He said the man lied and didn't come back to him. He stated the people on Planning and Zoning are running against a stone wall. Chairman Bennington asked if one is 11 foot and Mr. Scherz replied yes, it's close to 12 foot for the house and he told him he spoke to J. C. Carder that afternoon and he told him there's no problem and he'll give them the property off the back. He continued that he can't give it to them because it's unplatted and there's 87 foot left on the other lot. He said the Building Official seems to be told by other people what to do and Council doesn't get excited about it. Mr. Mackie stated the lot isn't the size it should be and asked the layout of Phase I. Mr. Scherz explained the plat is marked 95 foot but the new phase is 110 foot. Chairman Bennington said some houses are 11 foot 7 inches off the property and he asked that this section by typed up verbatim and given to the City Clerk and have it checked and ask why the Codes aren't being enforced. He said they're trying to rezone Pelican Cove because of enclosing the patios and to not be in violation and those people who live there should be considered but now they're building houses 12 foot off the property line. He stated they should shut the entire project down because he hasn't done anything right since the beginning. Mr. Wheeler noted the buildings are up in Phase I and they're finishing them on the curve. Chairman Bennington said the Building Official assured him he will not issue building permits for Phase II until they get the approval from this Board. Mr. Mackie suggested they send a letter to the City of the decision. Chairman Bennington stated the decision is to stop the whole project until they find out where he is. Mr. Scherz said it seems that they sell the house and the individual home owner is stuck with getting the permits for the additions and they paid $50 and the Board of Adjustments had no discretion over it and some people got deposits back. Mr. Loeffler said they want to rezone it to R-4A and that's a mistake just because they have mistakes. Mr. Wheeler pointed out it's Phase I only. Chairman Bennington asked what they can do and Mr. Loeffler suggested that each one be heard separately. Chairman Bennington noted there's nothing in the book and those there would have to be torn down. Mr. Scherz said it puts the owners in the wrong positions because of what they were told by Building Official Mr. Bradshaw, and most of the people don't want R-4 but do want multiple dwelling as R-3 in the new section. Chairman Bennington pointed out the public hearing will be where this comes out, and he feels the builder caused those problems for the people by building those homes that way. He added that he feels they would be derelict if they rezone the land to make it be legal, the section that's already built. Mr. Loeffler pointed out it was never voted on. Chairman Bennington said that's why they considered it. Mr. Loeffler suggested they put a moratorium on all building until they get the land zoned. Chairman Bennington noted that Phase I is basically finished and Phase II will be held. Mr. Wheeler noted that R-4A will give the people some relief. Mr. Mackie said they need to get the plans of the entire thing and redesign the remaining property. Chairman Bennington stated they need someone to do research. There was a discussion about the homes being built there. -6- Planning and Zoning Board Regular Meeting Minutes January 2, 1986 o Q OLD BUSINESS (Continued) Sign Ordinance 79-0-25 - Chairman Bennington stated that he hasn't seen a copy of the sign ordinances and Susan Wadsworth was going to call, but he'll have to check on that. Mr. Loeffler asked about the former sign ordinance. Chairman Bennington said they can get the County's sign ordinance. Mr. Loeffler said he was on the board when it was typed up before. There was a brief dis- cussion about some other sign ordinances. Mr. Scherz asked about a date for the public hearing and Chairman Bennington said they didn't get the information they asked for yet. Mr. Scherz said they won't get the information and the attorney assured them it was all right. Chairman Bennington agreed the attorney told him itwas the intent to do that but they need to get more information before they make a decision. Mr. Scherz said they don't want R-4 for the second half. Chairman Bennington noted they're building mostly single family homes there. Mr. Scherz asked if it should be R-3 and Chairman Bennington replied perhaps R-l or R-2. Set Back Encroachments for entire City. Set date for public hearing - There was a discussion about what was reviewed under this subject earlier (see page 5 of these minutes). Mr. Mackie said he'd like to see the deeds of what they're building on along Riverside Drive. Chairman Bennington said the rear set back was 30 foot and sometimes it's under water. There was discussion about the water mark. Mr. Wheeler moved to adjourn. Mr. Mackie seconded the motion. Meeting was adjourned at 10:58 A.M. Minutes submitted by: Lura Sue Koser -7- Planning and Zoning Board Regular Meeting Minutes January 2, 1986 -;; ~. """. 4.FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FI.RS"!yAME-MIDDL~AME I J-.O~-r/-/<!. r-- / O-V MAILING ADDRESS . ')-05- . ;-1 tI N ro"( Or THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SER VE IS A UNIT OF: ~ITY [J COUNTY [J OTHER LOCAL AGENCY [J STATE CITY /1 <. .(" c-fe r ---- DATE ON WHICH VOTE OCCURRED COUNTY if. f. . 'I (1 Iv') I ~ NAME OF POLITICAL SUBDIVISION OR STATE AGENCY NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE 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 /-.1- ,19XL..: (a) I abstained from voting on a matter which (check one): V Inuced to my'pecial private gain; or if J~~ _ inured to the special gain of , by whom 1 am retained. CE FORM 4 - REV. 10-84 PAGE I '''1. Q :&,.- " '. ;1 .1 (b) The measure on which i abstained and the nature of my interest in the measure is as 'follows: il 'I /-.-3- >?~ Date Filed (f:J}r/~ S. / / Ignature Please see PART C for instructions on when and where to file this form. 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 ofthe 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 PROVISJONSOF 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 PENALTY NOT TO EXCEED SS,OOO. CE FORM 4. REV. 10-84 PAGE 2