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11-15-1999 - Regular '-' 'W CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 15, 1999 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER City Manager Hooper stated Mayor Allman asked him to send his regrets that he will not be able to be in attendance tonight. He is in Kentucky and starting a new job. The Vice Mayor also is not able to be here. Among the three Councilmembers present, they need to elect a Chairman to get through this evening. Councilman Gornto made a motion for Councilwoman Lichter to act as Chairperson, second by Councilman Hammond. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Hammond Councilman Gary Roberts Councilwoman Judith Lichter City Attorney Nikki Clayton City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Excused Present Present Excused Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reqular Meetinq of September 13. 1999 B. Reqular Meetinq of September 27. 1999 C. Reqular Meetinq of October 4. 1999 D. Special Meetinq of October 6 . 1999 E. Reqular Meetinq of October 18. 1999 F. Special Meetinq of October 25. 1999 G. Special Meetinq of November 3 . 1999 Councilman Gornto made a motion to approve all of the minutes, second by Councilman Hammond. The motion CARRIED 3-0. OUTGOING COUNCIL COMMENTS Councilman Gornto had no comments at this time. Councilman Hammond commented on serving on Council for the past two years being a learning experience. He has no animosity towards anyone. He wants to see the City stay on a good roll. He is proud of everything they accomplished. He will be there to help the new Council coming in. He hopes the YMCA stays on a positive track. He would like the people in the audience to give respect to the people who sit on the Council because it does take a lot of time from their families. He thanked the citizens for giving him the opportunity to serve them. '-- ...." Councilwoman Lichter stated it has been an interesting two years. Many of her personal and their collective goals have been met, for that she is gratified. She wished her fellow Councilpersons the best of good luck, good fortune, good wishes. City Clerk Susan Wadsworth presented Councilman Gornto and Councilman Hammond plaques for their service to the City. ADJOURNMENT Councilman Gornto made a motion to adjourn sine die, second by Coiuncilman Hammond. The meeting adjourned at 7:14 p.m. SWEARING IN OF NEW COUNCIL City Manager Hooper asked for the new Council to come forward. City Clerk Wadsworth presented the oath for the swearing in of the new City Council. CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:15 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Attorney Nikki Clayton City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INCOMING COUNCIL COMMENTS Mayor Schmidt spoke about this being overwhelming. He said thank you for the opportunity. He feels it is an honor to sit on Council. He thinks they will do a good job. We want this City to go forward and be united as one. He feels a good group was elected. Councilman Brown thanked the citizens for putting their trust in him. He thanked his mom, his wife, his daughter, Jim Gornto and the previous Council. Councilman Vincenzi feels it is an honor to be here. He thanked everyone that voted for him. He thanked Myron Hammond. Councilwoman Rhodes thanked her family and all the other people that helped her. She appreciates all of it and will do her best. She is looking forward to doing this job and she is ready to get to work. Councilwoman Lichter thanked her fellow citizens, friends and Mr. Kelly, her gentleman friend. Without Mr. Kelly's calming effect she doesn't think she would have made it. She once again will give it her all for the City of Edgewater. She wants to continue many of the projects that were started by the previous Council and the Council before them. She acknowledged David Mitchum's presence and stated she proudly takes his place. Mayor Schmidt introduced his daughter, Stephanie Wessler. Page -2- Council Regular Meeting November 15, 1999 W' ...." APPROVAL OF MINUTES There were no minutes to be approved. PRESENTATIONS/PROCLAMATIONS/PLAQUES There were no presentations at this time. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY City Manager Hooper informed Council of the change to the agenda as a result of the election. The citizens will speak on each item that is open for tonight also this is just a carryover form the old format. Ferd Heeb, 115 N. Riverside Drive, congratulated the new Council. He spoke about the goal of this Council being to unify the City. He spoke about having a full-time City Manager. He has worked with Ken Hooper who he feels is a very professional, qualified, competent City Manager. He recommended this Council negotiate a contract with Ken to be our full-time City Manager. Ken has shown that he can do the job but what he has to demonstrate during the next six months is that he can do the job for the new Council. He thinks to go through a search in which he will be a candidate is going to be a waste of effort because he is the most qualified candidate at this point in time. He urged Council not to waste the time or the money and negotiate a contract with Ken Hooper. He feels Council will find he will be an excellent City Manager for the City of Edgewater. Mike Visconti, 316 pine Breeze Drive, congratulated the new Council. He also thanked the outgoing Mayor and Council. Paul Jenkins, willow Oak Drive, congratulated the new Council. He hopes the new Council will support Project Graduation 2000. Scott Porta, 210 Quay Assisi, spoke about City Manager Hooper and his appreciation for him. CITY COUNCIL REPORTS Mayor Schmidt had nothing at this time. Councilman Brown had nothing at this time. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter reported ten meetings she has attended. On October 26th, she went to the Chamber of Commerce Office where the Chamber and the City are going to try a new program called 'Adopt a Street'. She feels it was a productive meeting. Their first clean up of Adopt a Street is going to be April 8th. They plan to have service groups, scouts, neighborhood business, and residents four times a year adopt an area, clean it up, take care of it and be proud of it. The Chamber is going to put money into this and would like it to involve Southeast Volusia, to include Edgewater and Oak Hill too. She commented on some legalities involved. As it goes along, they could have the gentleman come to a meeting and maybe they could give some thought to the Beautification Committee being involved with it. Councilwoman Lichter informed Council she attends the Southeast Volusia Senior Meetings. City Clerk Wadsworth has agreed to put a senior questionnaire in the City newsletter. Page -3- Council Regular Meeting November 15, 1999 '-' ..." Councilwoman Lichter informed Council she has been attending the Local Government Study Committee meetings for a year and a half. She briefly explained what they do. She spoke about the Fire/Rescue issue not being resolved and now that this committee is now disbanded it will be turned over to VCOG. Councilwoman Lichter reported on the Volusia Water Alliance. A reporter contacted her about an ordinance to put some teeth into the water ordinances such as when you can water and conservation. She feels conservation should be going on all the time, not just during emergencies. The route they have decided to go now is the Attorney for the Water Alliance is going to bring this to the Attorney for the County Council and they are going to try and have it accepted by the County Council then it will automatically kick in from every City. She spoke about penalties. It will become uniform and is necessary. Until they make appointments, it is up to Council to see if someone wants to do Water Alliance but for tomorrow morning she will continue with that meeting. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 99-R-18, Recommendinq approval of variance from shoreline buffer at 129 Palm Breeze Drive, and variance from impervious surface requirements Mayor Schmidt read Res. 99-R-18 and opened the public hearing. Planning Director Lynne Plaskett presented the background information. Staff recommends approval. Due to there being no citizen comments, Mayor Schmidt closed the public hearing. Councilwoman Lichter made a motion to approve Res. 99-R-18, second by Councilman Vincenzi. The motion CARRIED 5-0. B. Res No. 99-R-19, recommendinq amendinq Resolution 92-R-23, Personnel Policy and Procedure Manual, and adoptinq new resolution to coincide with the employee union aqreements City Manager Hooper presented the background information. Staff recommends approval. Debby Sigler informed Council the Personnel Manual was written in 1994 and we have negotiated union contracts a couple of times since then and this brings the manual in compliance with the union contracts. Mayor Schmidt read Res. 99-R-19 and opened the public hearing. Due to there being no citizen comments, Mayor Schmidt closed the public hearing. Councilwoman Lichter feels it is an excellent document and brings us up into the 21st century. Councilwoman Rhodes stated she read this from cover to cover and tried very hard to find something wrong with it and couldn't find anything. She feels Debby did a wonderful job and so did whoever helped her. City Manager Hooper stated Debby did it. It was passed to all of the department heads. They have reviewed it and have added input to it. Debby has done an excellent job with this document. Councilwoman Rhodes made a motion to approve Res. 99-R-19, second by Councilman Brown. The motion CARRIED 5-0. Page -4- Council Regular Meeting November 15, 1999 'w ...", C. Public Hearinq, Ord. No. 99-0-24, recommendinq approval to chanqe the zoninq classification from R-3, Sinqle Family Residential to B-3, Hiqhway Commercial, for property located east of the southeast corner of US 1 and Lamont Street City Manager Hooper presented background information. He informed Council of the process and to feel free to ask any questions if there is something they don't understand. Councilwoman Lichter stated generally she doesn't like to change zoning from residential to business. She noted the developers agreement would make sure this B-3 is for minimum density residential housing. Ms. Plaskett elaborated on her concerns. Councilman Vincenzi asked for clarification of medium density housing. Ms. Plaskett further explained low density, medium density and high density. Councilman Brown stated it was his understanding that in Lots 15, 16 and 17 he plans on putting in a business section through there leaving a lot in between the strip mall and the housing. Ms. Plaskett stated they haven't submitted a formal site plan application yet which shows exactly how they want to develop the property. Those items will be addressed as a site plan in the developer's agreement. Councilwoman Lichter spoke about the Comp Plan and the City not having enough multi-housing and not meeting that requirement. This would help that a smidgeon. Mayor Schmidt read Ord. 99-0-24 and opened the public hearing. Due to there being no citizen comments, Mayor Schmidt closed the public hearing. City Attorney Clayton stated this is the first reading and ordinances dealing with land use, rezonings and things like that will be heard twice. There will be a second reading of the ordinance as well. Councilwoman Lichter made a motion to approve Ord. 99-0-24, second by Councilman Brown. The motion CARRIED 5-0. CONSENT AGENDA A. Vehicle Purchase - recommendinq approval to purchase three (3) Ford Crown Victory police vehicles from Don Reid Ford for $58,539 B. Vehicle Purchase - Environmental Services Department requestinq approval to purchase a 4X4 Compact Pickup Truck from Garber Chevrolet-Geo Inc. for $15,441 C. Equipment Purchase - Police Department requestinq aporoval to purchase a radio console from Communication International for $23,052.75 D. proiect Graduation 2000 - Requestinq donation of $500 City Manager Hooper explained the procedure for the Consent Agenda. Staff recommends approval of these items as presented. Councilwoman Lichter made a motion to approve the Consent Agenda, second by Councilman Vincenzi. The motion CARRIED 5-0. At this time, the meeting was recessed for a workshop. There was a fifteen minute recess at this time. Page -5- Council Regular Meeting November 15, 1999 '-' .., The workshop was called to order to have discussion concernlng status of various City projects/functions. 1) City Budqet/Financial Status City Manager Hooper went over the City's Budget. He described the different funds included in the Budget. He briefly informed the new Council of some major reimbursement the City will be receiving from the two tropical storms we have gone through. City Manager Hooper continued to go over the Budget process. City Manager Hooper asked Council if they had any questions about the City's finances, or is there anything they wanted to look at or know more about, or do they want him to describe the budget in more detail. Mayor Schmidt feels a good meeting individually probably would help. City Manager Hooper suggested they meet with him for an hour so they can talk about more of a history of the budget. Mayor Schmidt asked about having board soon. City Manager Hooper tonight and starts next Monday. 20th and will spend approximately with us. a Finance Director coming on stated Michele Goins is here The auditors are coming December a month or month and a half Mayor Schmidt asked for Ms. Goins to come to the podium and introduce herself. Councilwoman Lichter welcomed her. Michele Goins, Finance Director, informed Council of her background and her credentials. Mayor Schmidt welcomed her to the City. City Manager Hooper informed Council she will be moving to the City after completion of her probationary period. 2) F.r.N.D. Proiect City Manager Hooper made a staff presentation on the F.r.N.D. project. Ms. Plaskett and Dan Webster, Attorney representing F.r.N.D. were present. City Manager Hooper described the current status of the F.r.N.D. project. Ms. Plaskett referred Council to a map of the F.r.N.D. property. Mr. Webster presented more history and informed Council exactly what F.r.N.D. is. Councilwoman Lichter asked about a meeting in Miami of the F.r.N.D. group. She thought there was some talk about a grant but wasn't sure if it was for their phase or for us. Mr. Webster explained these are water improvement grants for example if you are doing something along the waterway. Councilwoman Lichter stated she was talking about this particular project and asked if they have any requests in. City Manager Hooper explained this project has been approved through F.r.N.D. Mr. Webster spoke about the Dredge Material Management Site Program Board and what they do. City Manager Hooper asked Council if they had any questions on the F.r.N.D. project. Councilman vincenzi asked City Manager Hooper to recap the time schedule again. Mr. Brown asked if we have anything to say about what types of businesses will go into this. City Manager Hooper explained they will control the zoning. They will come back in with an agreement so there will be an understanding of the types of development. Page -6- Council Regular Meeting November 15, 1999 '-' ....." 3) Current Development/Annexation Neqotiations City Manager Hooper went over a map talking of areas they have had general discussions about regarding annexation. He further went over the negotiations of annexation that have occurred up to this point. He informed Council of current development that is occurring in the City such as the Massey Property. City Manager Hooper informed Council later on the agenda is the first step being approving the designs to do this. He informed Council if they wanted he could place this on the agenda for conceptual approval at a later date so they can sign off on each stage. At this point, applications are being made so it is going through the process. He informed Council what the process is. This will probably come before Council during the month of January. City Manager Hooper asked Council if they had any questions. Councilwoman Lichter stated it is kind of overwhelming when you are talking that much money. She asked how this will be funded. City Manager Hooper elaborated. City Manager Hooper feels the Massey annexation is the best investment the City can do for economic development and for bringing in the opportunity for more revenue. Councilwoman Rhodes stated she thought Dale Street was Phase III and asked why that would be done before Phase II. City Manager Hooper explained because it is connected to Park Avenue and you can get to it quicker. We have a developer who is willing to come up and say he is going to give the City the right of way and he is going to build his buildings tomorrow, if we did Phase II of F.I.N.D there is no buyer and no guarantee as to when that occurs. 4) City Recreation Complex/YMCA City Manager Hooper went over the status of the Master Plan for the Recreation Complex. He handed out copies of the YMCA agreement to Council. City Manager Hooper explained the City is obtaining money through the Community Development Block Grant to fund the paving of Turgot Avenue. He also informed Council of the City being a recipient of federal dollars that could be added to the gymnasium to upgrade it to a shelter. He informed Council of the time schedule for the Recreation Complex and the YMCA. The road, the gym, the YMCA and the pool should all open up in about twelve months. The price tag is $1.6 million at this point. There will be $300,000 more from the federal grant program and we are seeking about a half a million dollars annually to try to add the ballfields. Parks and Recreation Director Jack Corder referred to a map on the second page of the building and the portion the YMCA wishes to design at a later date if they get the funding. 5) Code Enforcement Policies/Procedures City Manager Hooper went over the proposed draft of the Code Enforcement policies and Procedures and what has occurred to date. This will come back to Council as a resolution. City Manager Hooper asked Council if they had any questions. Mayor Schmidt stated he appreciated the work session. Page -7- Council Regular Meeting November 15, 1999 ~ ~ City Manager Hooper stated everything is in writing if they would like to meet one at a time. Mayor Schmidt called the Regular Meeting back to order at 9:05 p.m. OTHER BUSINESS A. Council Appointment of Vice Mayor City Manager Hooper handed out a list of the Council appointments that will need to be considered. He will place these on the agenda in two weeks. Councilwoman Rhodes nominated Dennis Vincenzi. The motion CARRIED 5-0. B. Reauestina approval of Air Park Road/Park Avenue Wastewater Collections City Manager Hooper made a staff presentation. Mayor Schmidt opened the public hearing. Due to there being no citizen comments, Mayor Schmidt closed the public hearing. Councilwoman Lichter moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. C. Discussion on Contract for City Attorney D. Discussion on Contract for City Manaaer City Manager Hooper described the contracts for the City Attorney and City Manager. It takes a renewal or termination is automatic as of today. That is the difference in the two contracts. He suggested Council advertise for a City Manager and go through the process. Councilwoman Lichter spoke about the difference in the two positions being the City Manager mandated by the Charter to reside in the City and be full-time. In terms of the City Attorney, there might be several choices they want to advertise for. City Manager Hooper stated his understanding is they are looking for a full-time in-house resident of the City of Edgewater and in the Attorney's position, there are some choices, either a contract or full-time on-staff resident of the City. Councilwoman Rhodes asked if they could keep them separate to make it easier to discuss them one at a time. Councilwoman Rhodes stated she spoke to Ms. Clayton and she has told her she is not in a position to conform to the residency requirement so it would seem to her that they should put advertisements out but first they need to decide if they want to go with a firm or an in-house attorney. She hopes Ms. Clayton would stay on until they could settle that issue. Mayor Schmidt asked for a brief presentation on the pros and cons of in-house as opposed to a firm. City Manager Hooper stated his own personal preference is to work with a contract attorney. He feels that saves a City money in a City our size. We have Robin Wolf on board who in essence does the secretarial, the preparation of what they see for the most part in the agenda package such as resolutions, ordinances, reviews contracts. She passes those on right now to the City Attorney as a contract position for final review. Page -8- Council Regular Meeting November 15, 1999 ..,. "WI City Manager Hooper feels this is the most cost effective at this point. Generally he would find that the price the City would pay as a total package is cheaper with a firm than with an individual. He spoke about a firm handling a variety of areas. Councilwoman Lichter asked if they current have a firm on board with Donna McIntosh. City Manager Hooper explained the McIntosh firm represents us on one current case. Councilman Vincenzi asked about the cost for the different options. City Manager Hooper informed him of these costs based on budgets from the past. Councilwoman Lichter up to this point really thought in terms of an in-house full-time City Attorney living in Edgewater. She has learned and observed how Robin works. She is so thorough, so exact, and so excellent. She is down to, in her own reasoning, some of these positive things City Manager Hooper has said about a contractual basis firm. A more humble instinct in her keeps thinking it should be an in-house living within the immediate area type of setup. Maybe they should put it out and see how many firms are interested in us and how many individuals are interested in coming full-time. Mayor Schmidt asked if they could advertise for both. City Manager Hooper informed him yes and spoke about the services provided from both sides. Councilman Brown feels they need to see about extending City Manager Hooper's contract so he can assist the Council in figuring out what they are going to do about an Attorney and City Manager. Councilman Vincenzi feels they need to figure out what they are going to do with the City Attorney and then move on to Mr. Hooper. Councilwoman Rhodes feels if going with a firm is more cost effective, then it wouldn't hurt to try it. If it doesn't work, you can always end it and look for an in-house attorney. Councilman meetings. that clear provide an vincenzi spoke about representation at certain board Councilwoman Rhodes stated they would have to make to any firm that was hired that they would need to attorney for those functions. City Manager Hooper spoke about a large majority of cities our size having contracted City Attorneys with a firm. City Attorney Clayton went over the history of City Attorney's since 1990. Krista Storey was paid probably 1/3 more than she has billed the City as an in-house attorney. The work that has resulted over the past two years has reduced the legal costs to about 1/3 of what was being paid on an average in the past with a full-time in-house Attorney. She went on to speak about outside legal firms. City Attorney Clayton concurred with City Manager Hooper's recommendation that a firm or outside attorney that is not full- time would probably be the most economical and most efficient based on the track record comparing the last two years to the past six or seven. It's a matter for the client to feel comfortable with. Councilwoman Lichter feels they should make a decision to advertise for a firm to try something new. Page -9- Council Regular Meeting November 15, 1999 ..,. ...., Councilwoman Lichter made a motion for City Manager Hooper to advertise for a firm to represent the City on a contractual basis, second by Councilwoman Rhodes. The motion CARRIED 5-0. Mayor Schmidt stated before they go to the City Manager portion of this, he feels they need to discuss City Attorney Clayton's contract. City Attorney Clayton stated she would be more than pleased to help in the transition. City Manager Hooper informed Council of the process he will follow to advertise for a firm. Councilwoman Lichter asked about the League of Cities Bulletin having all of the positions for hire in it. City Manager Hooper informed her the League of Cities is usually for an individual. Councilwoman Lichter read a prepared statement regarding the wonderful job that has been done by City Manager Hooper. Councilman vincenzi stated he has spoken to Mr. Hooper over the past few weeks and he has also spoken to a number of City employees and department heads and they are all impressed with him. The only questions he has are the restrictions in the City Charter which say full time and resident. He asked Mr. Hooper what his intentions were. He is definitely in favor of renewing his contract in the interim until they decide what they are going to do. If his intentions are to take the position on full-time and move to the City, he would definitely be in favor of hiring him if Mr. Hooper is favorable to those restrictions. City Manager Hooper stated tonight he can not give a good answer for that. He thinks Council is brand new at the job and part of this whole scheme is how personalities work. You need a Manager you can trust and a Manager has to have trust in the Council. He feels this takes time to develop. He suggested renewing his contract for 60-days, advertise, get some names of top quality individuals and Council should make a comparison at that point. Councilwoman Lichter stated if her fellow councilpersons were going to be favorable to exploring hiring City Manager Hooper, she was going to recommend that they have a Committee which might be made up of the Mayor, City Clerk, Personnel and perhaps a Manager from another City to really sit down and explore the possibility of Ken moving here, of salary and what we expect. That was a second thought of hers to take it a step further but she wasn't sure how Council felt. Does that type of thinking conflict with opening it up? Councilwoman Rhodes stated the only problem she has with advertising is that you have people that are honestly seeking a job and if you aren't honestly looking to hire them, you are deceiving them. She is not thinking that is fair. She has spoken to many City employees and admits that she is impressed. However, she is thinking that to lead people on into thinking they might have a chance to have a job here when what they would really like is to have Mr. Hooper. She doesn't think that is fair. She suggested setting a time period for them to get to know each other. If after that they find they can't all work together, then they could advertise because then we would be honestly seeking another candidate. City Manager Hooper stated that is fine with him. Councilwoman Lichter agreed. Council agreed 60 days would be sufficient to get to know each other. City Manager Hooper stated 60 days 1S fine with him. Councilwoman Rhodes made a motion to extend City Manager Hooper's contract for 60 days, second by Councilman Vincenzi. The motion CARRIED 5-0. Page -10- Council Regular Meeting November 15, 1999 ...... 'W OFFICER REPORTS City Clerk Wadsworth had nothing at this time City Attorney Clayton stated her and City Manager Hooper had a joint report and she was going to let him pick it up. City Manager Hooper informed Council of Save our Seniors. The requirement is by December 1st if you are going to have the additional $25,000 deduction for seniors, we would need to advertise such an ordinance and hold a public hearing through the month of November. It would take a Special Meeting of this coming week and a Special Meeting of the last week in November. He spoke about positions taken by other cities and Counties. Orange County and most of the cities in Orange County taking a wait and see approach for one year. He has talked to the Property Appraiser in Seminole County that sent out a survey to the individual citizens. He is estimating between $50,000 and $100,000 would be deducted from our ad valorem taxes. He asked Council if they wanted this brought before them at a work session or as an item to be advertised as a Special Meeting. He recommended delaying this for one year and find out the real facts and bring this back next year. It has to be done in the month of November of any year. It is up to $25,000, you could have a lesser amount. Right now, there is so much vague information about the law it becomes extremely difficult to say what the actual impact on the City's revenue is going to be. City Attorney Clayton stated she has also talked to the Department of Revenue General Counsel's office and they haven't yet finalized the rules or form that will be utilized in qualifying for the homestead exemption. Councilman Vincenzi asked when it would be finalized. City Attorney Clayton stated they should be done by now but it is anybody's guess. It is certainly not going to be finalized in time for Council to have them to look at and have a pretty good handle on how they are defining things by the December 1 deadline. You are going to have to have an ordinance with two readings and advertising time. It is not possible to work into the time frame. Councilwoman Lichter feels it is important that the economy ln every City factor in. She feels this needs to be looked at ln terms of all the residents, not just the seniors. Mayor Schmidt would like more concrete numbers. He guesses that is another one where we are waiting on someone else to do their job. Councilwoman Lichter stated she received a phone call from a gentleman tonight that brought this up at a previous meeting and he was worrying because the deadline is running out. She told him she would call him back. She doesn't know they can act if they don't know exactly what they are getting themselves into. City Manager Hooper informed Council if we enact it right now, you could change it next year but he thinks the smarter position is wait one year, let them make the rules, let's find out exactly what is going to occur. At this point, Volusia County has not acted on it. To the best of his knowledge, there are only two cities in the County that have acted on it. Orange County declined to act on it, Seminole did approve it. There are a variety of positions out there but suggested they wait one year. Councilwoman Rhodes stated she hates to do it but she doesn't see any option. If you don't have all the information, you can't make an intelligent decision. Page -11- Council Regular Meeting November 15, 1999 ,.,. ..., Councilman Brown stated from what he understands there is no way they could get it done by the end of this year no matter how hard they tried. City Attorney Clayton stated they would be able to get it done. Councilman Brown stated if we had the proper information. Dominic Capria, 606 Topside Circle, stated he knows we don't have all the facts and he knows the time is short but they are getting older. He would at least like to recommend that they wait another week and a half to two weeks to see if we get the answers, then make a decision. City Attorney Clayton informed Mr. Capria it would be too late. City Manager Hooper stated they would have to advertise tomorrow. Councilwoman Rhodes stated even if we got in by the deadline of December 1st, this still would not be for the budget until 2001. City Manager Hooper stated that is correct. Councilwoman Rhodes stated why couldn't they approve it and then accommodate it in that budget. City Manager Hooper stated they could approve it and they have a year to accommodate it into the price. He feels this is an expensive proposition that is going to result in some kind of changes as far as level of service. Councilwoman Rhodes stated if they approve it tonight, that means they are beholding to it. City Manager Hooper stated once it is adopted, you notify the State. In an essence you lose some control because whatever the rules finalize as to how somebody qualifies for the program, they are in and you can't back out of it. City Attorney Clayton stated the net impact could be that you bind yourself to increase taxes to make up for the shortfall. Councilwoman Rhodes asked if they will have an opportunity over the next year to approve this at another point so it gets into the 2001 budget. City Manager Hooper clarified every year you have up until the 1st of December to do that. Councilwoman Rhodes would rather hold off if they aren't wasting anytime by waiting for the answers then she sees no point in going forward without having all of the information. Mayor Schmidt asked if they wait until after December 1st, then it does not affect the taxes for next year. City Manager Hooper stated that is correct. It would be the next cycle. If you approve it December of one year, it would be effective the following year. Councilwoman Rhodes stated so it would wait a year. She said she just asked if they would have an opportunity to approve it during the year for the 2001 budget. City Manager Hooper explained you have to approve it by December for the following fiscal year. Mayor Schmidt asked if they approve it, are they committed to a certain amount at this point, or do we have the ability to get more information and decide the amount. City Manager Hooper stated you have the ability to advertise it at its maximum up to the deduction and then you have a second public hearing. You can come down from that but you can't increase it. City Attorney Clayton stated you won't be able to slide it after you adopt the ordinance. The ordinance will have to allocate a specific number. Mayor Schmidt presented a scenario of phasing in the amount. City Attorney Clayton explained physical policy is very difficult to retreat from. Once you have given, it is hard to take back. City Manager Hooper stated you could increase it if you did the first year and put in $10,000 one year and then the second you put in a different number. You could do that. You are going to find it impossible to withdraw back from it. If you put $15,000 that is going to be the new base and you aren't going to be able to back up from that. Page -12- Council Regular Meeting November 15, 1999 '-" ..." Councilwoman Rhodes stated she doesn't think they would want to back up but go higher. If you went in at $10,000, wouldn't you hope the next year you would be able to do the $25,000. Councilwoman Lichter stated she would like to know what is determining the income. City Attorney Clayton further explained the how the exemption will work. Tanya Eissler, 3109 Travelers Palm Drive, spoke about someone that is making less than $20,000 and also having their pension on top of that. We have lots of families in Edgewater that make less than that and it doesn't seem like anyone is totally sure of what is going to happen. This is a big decision that will affect her and her family. She doesn't think the Council should vote on it until they have more information on it. Councilwoman Lichter and Councilwoman Rhodes agreed they should wait. Mayor Schmidt asked if they needed a motion. City Manager Hooper stated if they wanted to make a motion to direct him to put it on the agenda, that would be necessary. If the consensus is to do nothing, there is no motion and no need to go any further. It was the consensus of Council to wait until they get more clear information. City Manager Hooper showed a copy of the filing for back of letter describing the Edgewater Landing lawsuit. He informed Council what the previous Council had done. Since that time, they have concluded to bring it back and show the new Council the pleadings and what the lawsuit actually says, its impact and describe what the city would be doing if we got involved in it. City Attorney Clayton informed Council of the Edgewater Landing case and went over the draft of the motion to intervene. She also went over other information included in the packet. The previous Council directed they file a motion to intervene. Because of the nature of the matter she thought it would be useful for the Council to have an understanding of it and decide how they wish to proceed. Mr. Capria passed out and read a letter from an attorney regarding this pending case. City Attorney Clayton made comments about there being a choice. Mr. Capria stated residents got up at the Special Meeting to tell Council they took the choice and paid real property taxes. City Attorney Clayton explained she thinks the issue is permanently affixed to real property because then it becomes a part of the real estate. Dick Martinez, 317 Schooner Avenue, commented on Florida Statutes as they pertain to mobile homes and how if affects the Edgewater Landing case. He spoke about the foundations of the manufactured homes in Edgewater Landing and this being a constitutional issue. He urged the Council to think carefully before they start entering a suit that may have to go to the Supreme Court. Councilwoman Rhodes asked how much it will cost. City Attorney Clayton explained the procedure and stated she doesn't have a baritone voice like Mr. Martinez but she does have a law degree and his position was not correct. Councilwoman Rhodes stated she doesn't think we are here to litigate the case. She asked if it would be worth their while to be involved in this case. Page -13- Council Regular Meeting November 15, 1999 ....... .."" City Attorney Clayton stated that is why she is asking their direction. The position of a subdivision which was annexed and developed in the City based on the understanding of the City that it was going to observe the same addition to the tax base that a development of site-built homes would. Councilwoman Rhodes stated she understands what City Attorney Clayton is saying and she understands what Mr. Martinez is saying. She stated it doesn't matter what she thinks, the judge is going to make the decision. It is incumbent upon us, since it affects the revenue of the City of Edgewater by however much it affects the City to do whatever we can to see that that revenue is not lessened. If it is going to cost us more to do that than the revenue we're not going to receive it is not worth getting into it. City Attorney Clayton stated the prior Council had asked the same question and once the facts were obtained, summarized them here. If this motion is presented to the Court and if the Court views them in accordance with past practice both at the Appellate Level and Circuit Level she has seen in other jurisdictions, he will determine that these plaintiffs lack the standing. They don't have the ability to raise these issues. Most taxpayers have the ability to question the constitution but if there are circumstances that cause them to lack standing which is a result of being in a manufactured home subdivision where you own the house and the lot with particular legal meaning that applies. Councilwoman Rhodes asked if it is possible the judge will come to this conclusion without this information and without the City being involved in it at all. City Attorney Clayton stated it is possible. Councilwoman Rhodes asked if it is probable. City Attorney Clayton stated that is hard to say. Morgan Gilbreath has argued that not only should Edgewater Landing be taxed but the locations like Hacienda Del Rio, where you have a mobile home that you own and a lot that you lease, that they should also be taxed at ad valorem rates. Councilwoman Rhodes stated it is not our decision to make. She wants to know is it worth their while to enter this case. She understands both sides of the question. She can see reasoning in both sides. She wants to know if we spend our money to get into this, what is the probability of a return on our investment. City Attorney Clayton spoke about the issue of the manufactured homes going into Florida Shores. She explained we belong to an adversarial judicial system. The judge is dependent for his decision on the ability of the plaintiff and the defendant to argue their sides. If not all sides with interests or stakes at risk are present in the lawsuit to make known their issues, then the judge makes his decision under out adversarial system without all the information. Councilwoman Rhodes asked if all we want to do right now is give our information to the judge, with no cost involved. City Attorney Clayton explained there may be a hearing and if there is a hearing there may be testimony which will require her time and the time of Dennis Fischer. That would be the extent. Councilwoman Rhodes stated if at this point what you are asking is to take this information to the judge and maybe you have to go to hearing, she is for it. She thinks the judge should have all the information he needs to make a decision. She thinks Edgewater Landing is entitled to sue to protest their taxes. Dr. Charles Gebelein, 1730 Umbrella Tree Drive, spoke about the vacant lots in Florida Shores getting manufactured homes on them. He feels this is something worth considering. That frightens him if they won't be taxed because that means his taxes would go up. Page -14- Council Regular Meeting November 15, 1999 ~ ~ Dr. Gebelein stated spoke about the taxes that would be lost by increasing the homestead exemptions. He urged Council to join in this suit as an information provider. You aren't suing Edgewater Landing, you are providing information so the judge can make a knowledgeable decision. Jeff Eissler, 3109 Travelers Palm Drive, asked how many hours Ms. Clayton had into making this report right now. City Attorney Clayton stated probably 15 hours. Mr. Eissler asked how much per hour. City Attorney Clayton stated $100. Mr. Eissler stated so we have already spent $1,500. If we file this with the judge and have to go to a hearing and there is some more, do you think there is 15 hours more. City Attorney Clayton stated probably. Mr. Eissler asked if she is willing to say to the City she will charge only 15 hours. City Attorney Clayton stated no. Mr. Eissler stated so we have spent $1,500 for nothing if we do nothing. He finds it difficult to believe that all these other small cities and small towns aren't providing this judge with this information without us doing it. Mr. Martinez went over the cost he feels will be lost to the City. The net affect was $45,000 lost to the City and that is without calculating the ad valorem we would continue to pay on the improvements. He feels the Council is looking at a smoke screen by the County Assessor who is desperately trying to protect this amendment to the State Constitution. Councilwoman Lichter spoke about the intent of this and something the Assessor said. The plaintiffs have no idea that it would mean less to the City because this could come down in a million ways once the legislature looks at this again. What Mr. Gilreath said about charging real property when they are a different type of manufactured home, may well be the result of an amendment change. Some manufactured homes aren't paying a nickel in taxes because they now have homestead. She feels it is almost like a constitutional excursion or lesson. They are trying to at least get equity between all the manufactured homes. It was stated it is probably unconstitutional when that amendment came forth and that is what is being explored. Doris Hill, 112 Lincoln Road, feels by the time this gets to the judge he won't have any trouble with it. When those homes are sold, they are sold with two titles. They are sold as real property and they are transferred with a warranty deed stating they are real property. At the same time, you also have a certificate of title and that has to be transferred and that says that it is a mobile home. Common sense tells her that if she buys a home and it is real property, she doesn't think any judge is going to change that. It was changed in the legislature the way they would be taxed depending on whether the homes were on their own property or not. City Attorney Clayton stated the legislature didn't change anything. It codified existing law that had existed since the 1895 Constitution in which ad valorem rates were applied to permanent fixtures to real property. The only thing did was allow a window for the intent of the mobile home owner who did not own the property the mobile home was on, to say it was not his intent to permanently affix it to real property and thus pay vehicle tags and not real property. Ms. Hill doesn't see how a judge is going to rule any other way. She doesn't think the City has to get into this because she thinks they will have enough information. Councilwoman Lichter spoke about the case being started three years ago. For three years, it has not been brought to the attention of the City Attorney, who she told about it three years ago, and all of a sudden it now has come forth. She finds that interesting because the same principles were involved. Page -15- Council Regular Meeting November 15, 1999 ...... ..." Mr. Capria stated the state legislators that passed this law actually stated that it might be unconstitutional. Not only did they state that, they stated that they felt it was going to be an increase of $150. Some went up $600, some went up $1,000 and some went up $2,000. He stated Mr. Gilreath stated at a meeting at Edgewater Landing that he believes it is an unfair tax to the Edgewater Landing mobile homes. Councilwoman Rhodes feels the City getting involved in the suit shouldn't affect it at all. The judge ought to decide what he is going to decide. City Manager Hooper asked City Attorney Clayton if the City doesn't get involved in the suit and the judge rules in favor of Edgewater Landing, does the City have a right after that to appeal. City Attorney Clayton stated we could file was is called an amicus brief in which we make known our thoughts about the law but the issues will be decided insofar as the facts upon which the law has been applied. We wouldn't have any opportunity to show the court that the permanent fixtures to real property and so forth on permanent foundations exist in fact in the situation. We would be able to argue the law. As a friend of the court, we wouldn't have any particular standing. City Manager Hooper stated that concerns him. He thought all along that anytime there is a ruling by the judge we would have some appeal rights. City Attorney Clayton stated you have to be a party. Councilwoman Lichter stated the Edgewater Landing Board of Directors have not gone in on this case. This is thirteen individuals citizens of the City of Edgewater that are involved in the case. As it stands right now, manufactured or mobile home parks like Edgewater Landing, are a small minority in adult parks. In Edgewater Landing, when that park went into existence people were paying both ways. They were paying in both manners until the amendment went in. The legislators themselves did not say that it might be unconstitutional. Their staff working on this said perhaps this is unconstitutional. Councilwoman Rhodes asked if there is a deadline for this. City Attorney Clayton explained there is no deadline but the judge has taken all the arguments and done all the work and has had it under consideration for about a year. Councilwoman Rhodes asked if it could wait another couple of weeks or does it have to be done tonight. City Attorney Clayton stated it is up to Council. If the judge rules within the period of time before they get back to it, that is the risk. Councilwoman Rhodes stated she is asking her personal opinion on whether she thinks that is going to happen or not. City Attorney Clayton stated he has said he was going to rule in September and we are in November. Councilman Brown asked if the judge has asked for any of the pertinent information to be delivered to him. City Attorney Clayton stated the judge doesn't ask for anything, he takes what is given to him. Councilwoman Lichter asked what a summary judgment is. Mayor Schmidt asked for a five-minute recess at this time. Mayor Schmidt called the meeting back to order. Mayor Schmidt asked Council if they had any recommendations they would like to make at this point. Councilman Vincenzi stated he finds it interesting that this information has not come forward from anyone else and questioned if there are attorneys on both sides. Page -16- Council Regular Meeting November 15, 1999 ~ ~ City Attorney Clayton stated this information is not within the province of the attorneys for the other side. Gilreath would not have access to this information nor would the attorney for the Department of Revenue and Attorney General who has filed on behalf of the Department of Revenue. This is local information. The attorney for the plaintiff is maintaining that these facts don't exist and his version has been pleaded in his complaint. The reason she has brought any of this forward is because the facts pleaded in his complaint are contrary to our local knowledge. Councilwoman Rhodes asked if these are public records. City Attorney Clayton stated they are public records but they aren't the kind of public records they are going to be looking at. Councilwoman Rhodes stated maybe she is being over simplistic but it seems to her that why wouldn't they. If they wanted to win the case or if this information would help them win the case why would they not bring forth this information. City Attorney Clayton explained the Property Appraiser's position is that the law is settled and that the challenge is already subject to the doctrine which has already been decided. The Department of Revenue has taken the same position through the Attorney General. The summary judgment is asking the court to review the law assuming that the facts are as pleaded so that if you assume the facts to be true as they have been stated, the law applied to those facts should either find for the defendant or the plaintiff. There are cross motions of summary judgment so although both sides are saying take the facts as plead, they are arguing really only the law. They say you don't need to get to facts because the law exists and is clear. Councilman Brown asked if we send this to them is it going to be entered in there and is it going to make iota of difference on how the judge decides or not. City Attorney Clayton explained they want to be taxed as vehicles. They say they are not permanent fixtures to real property. The law had said if you have a mobile home and you attach it to a lot that you own as well, the law is going to presume that you have made a permanent improvement to real estate and that will be taxed at both ad valorem rates for the house and the lot. Contrary to that is if you own the home but don't own the lot, you rent it, you don't have the ability to make a permanent attachment to real estate so you get taxed as a vehicle. The Property Appraiser feels a manufactured home or mobile home should be paying tangible personal property tax and not a license tag. If he owns the lot, that is a permanent fixture on real property and that ought to be then taxed all together as improved real property. will it make a difference? She wouldn't have gone to the effort of putting it in front of Council if she did not feel that these were facts that had been misstated in the complaint and should be corrected or facts that had been left out and should be brought forward because we are the possessors of our own special local knowledge of these particular facts, she thought it would be appropriate to ask if they should bring them to the judge's attention. Mr. Martinez stated the local knowledge you are being told about is knowledge that both the County and State Attorney with the Judge surveyed not only at Edgewater Landing but at Hacienda Del Rio. They took into account all these questions, is this a permanent pad, is this a permanent attachment and they agreed that there was no difference between the way they were situated in a rental property or owned property. There is even a third category now that is being treated differently than Edgewater Landing and that is the category where a rental park, under state law, if it is sold, must give first right of refusal to the owners of the park. Page -17- Council Regular Meeting November 15, 1999 .....,. ." Mr. Martinez stated most homeowners association are buying the parks when they become available and creating a condominium in effect, and that is each owner owns a fractional right to all the property and the County taxes them as if they were rental property under that arrangement. The issue is not whether you have discovered new knowledge. The judge knows about it. He took a look at it. He went down and surveyed it with the Attorneys on all side. What you are being asked to do is enter a case that is already being written by the judge. He has probably already decided because he is in the process of writing his decision. You are being asked to enter this without any knowledge. He keeps going to the microphone to keep on disputing these allegations that are false. He knows about this. He has walked it with the person that has installed it. He thinks they are being stampeded and he doesn't understand why. This is not an issue to be decided by a City. It is an issue that is being decided by County and State Attorneys at a higher level. He feels they are going to be dragged into a much greater fight. He hates to see our tax money spent that way. City Attorney Clayton stated her only concern is that the allegations are being made now of falsehoods and if you believe this to be any of it false then certainly she would expect them to behave accordingly. She tolerates most comments as free debate but those kind of allegations are close to intolerable. Mr. Capria stated before the law was passed, they paid real property taxes on their property and they also paid tangible taxes. He stated Ms. Clayton said that if you don't go in now and the judge rules you wouldn't be able to go in. It is his understanding through his attorney that once the judge rules and if an appeal is made, then you would be able to go in. Mayor Schmidt asked for a motion or something from the Council. Councilwoman Rhodes asked if they could give this information to the judge and have the hearing if the judge wants the hearing without actually entering the suit or does that obligate us to enter the suit by doing that. City Attorney Clayton stated she guesses you can write a letter to the judge. Councilwoman Rhodes stated to present him formally with this information, we would have to enter the suit. City Attorney Clayton informed her yes. Mr. Jenkins sees no reason why you can't file the paper and decide to do what they want to do after the judge decides whether he wants to even consider the paper or hold the hearing because there is usually 20 days notice for a hearing which gives you time to have another meeting which it could be brought back to Council for. He suggested putting a limit on ten or twenty more hours of work or withdraw from the case because you can always withdraw. City Attorney Clayton stated you may withdraw at any time as a party unless there are counter claims against you and there will be a period of time between the filing of this and the hearing at which the judge will determine whether to accept it or not. He may not admit the City. You file this, ask for it to be heard, the judge takes it under advisement. This is putting information in front of him for him to decide whether to admit the City as a party or not. Councilwoman Rhodes spoke about the disparity in the figures. If this has the potential to affect the tax revenues of this City to the tune of $300,000, she would think it is incumbent upon them to at least submit this to the judge and go to the hearing. If she had to make a decision right now, that would be the decision she would have to make. Page -18- Council Regular Meeting November 15, 1999 'w'. ...., Councilman Vincenzi and Mayor Schmidt agreed with Councilwoman Rhodes. Councilman Vincenzi stated one of the things brought up are that some of the facts are not accurate. If that is the case, attorneys should be able to argue that out. Councilman Vincenzi made a motion to enter into the lawsuit with the option of being able to pullout, second by Councilwoman Rhodes. The motion CARRIED 4-0. Councilwoman Lichter abstained. City Manager Hooper informed the Council of leasing office space at 102 Louisa Avenue for the C.A.P.S. Program. Staff recommends approval in the amount of $385 per month. It was the consensus of Council to approve this request. GENERAL CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilman Vincenzi made a motion to adjourn. The meeting adjourned at 11:15 p.m. Minutes submitted by Lisa Bloomer Page -19- Council Regular Meeting November 15, 1999 JAN-07-199? 09:35 FROM l)-, 1 us i ,"\ Elect. ions TO Ed':.leUJ,3t.i'-t-' F'. lJ1 ~ , ...., E=ORM 88 MEMORANDUI\1 OF VOTING CONFLICT FOR 'COUNT~ MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NA..\tE-..\!lDDLt NA..'dE . L fr \." Tr:: y j \. r~ H-\r. R M,\1LING ADDID.:SS (\)0\.'-1\ ,c CIn t;;:d l';AM& OF SOARD. COUNCIL, COMMISSION. AtrrHORI'rY. OR COMMITTEE C I\" - ~ THE OOARD, COUNCIL, COM....USSlON. ALJniORl WHICH r S&R~ IS A 'UNIT OF: CiTY Q COWiTY N E OF POUTlCAL SllBnIV!S10N: Cl OrHER LOCAL AC~CY I --.-., I I M7"fQSmoN 18: ~ELWTIVE Q APPoINTIVE: r----'-- I WHO MUSi FILE rORM 8B Your responsibilities under the l.rw.' .....hen fa,,~d with voting on So measure in which.you have a conflict of interest ,....i11 vary gr-eatly , depending on whether you hold. an elective or appointive position. For thi~ reason, pl~a.se l'ay cic:;e l:\tt<ontion to t},e instr-uctior.s on I_~~s form before completing the reverSfl side and fiiing the fonn, i Tills form i'.l for UM by any ~r$On serving at tht' count)', city, or other local level of government on an appointed or eJe(:~d board, I council, commismon, euehorit)" or commit~, It applies equally t.o members of advisory and non.advisory bodi~s who 2..Tg presr,nu,ci I with a votin6 conflict ofintere.;t under Se"tion 112.3143, Florida. Statutes. I I I I J ....---........-_, --~-- -- ._--..0_. ____..- INSTRUCTIONS FOR COMPLIANCE WiTH SECTION 112.3143, FLORIDA STATUTES A pentO:l holding elective or appoi<l.tive county, municipal, or other local public offic~ MUST ABSTAIN from. voting on a mt'r.sUTf' which inures to his or hey special private gain or !c,gg. Each elected or appoint.od local officer also is pNhibited from knowingly voting on a measure which inures to the s~dal gron 0, loss of a principal (other than ~ government agency) by whom he or she is ~tained (including th9 parent. organization or subsiciiarj' ora corporate principal by which he or she ill Z'etained); t(l the gp~ial priva~ gain or 10l~s of a relative; or tc the special private gain or loss of a business associa.te. Commissioners of commur.ity '!"edeve1oprnent p.g-encifls \Ifldel' See. 163.356 or 163.357, F.S., ann officers ofindep~ndent spedal tax districts el(>CtW, on a one-ac:;e, one-vote ba3is arQ :'lot pro. hibited from voting in that ca.padty, For purposes of' this law, a "~lative" indude!l only the of5ceia fathel:", mother, aon, dso;;ht(.r, husbar,d, .....'ife, brother, sister, fathH- in-law, mother-in-law, son-in-la......, a."ld dllughter.in.lsw. A "business Msocillte'" means any per'$on or entit)' engaged in or cal;"r)~ng on a busint'i!S enterpri~ with the officer as a partner; joint venturer, coowner of property, or corporau; shar~holder (wh~re the shan.s of the corporation are not listed on any national or regional !!to<'k exchange), "" '" '" III '" '" '" 11< .. 11< . If< '" '" >t' ELECTED OFFICERS: in addition t<> abstaining from voting in the situations d~scdbed abovQ, you mu~t digclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the na:u~ of your interest in the rne...su-.:~ on which you are .abstaining fr<m1 voting; cmd. WlTHIN 15 DAYS A.l<'TER THE VOTE OCCURS hy comp1eting and fiUng this form '.vith the p",rson n:o:ponsible for teem-ding the minut.es ofthe meeting, who should incol'po?ate the fonn in the minutes_ .. .. " * * 0$ .. '" .. .. 11< ... 11< .. .. * APPOINTED OFFICERS: You must a.b$tain from voting and disclose the "onniet in the situations de;;cribed abo....e and in the manner described for elected "ffi- eers, In order to participate in theSi> matters, you must disclo3e the nature of the con!1ict before mg,}dng any attempt to influence the decision, whether orally or jn WTiting and whether r:;ade by you or at your direction. IF YOU INTEND TO r-.fA.KE ANY ATTEMPT TO INFLUENCE THE DECiSION PRIOR TO THE MEETING AT V,'HICH THE VOTE WILL BE TAKEN! · You must complete a.."1d file this fonn (before malting any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who win incorpcrate the form in the minutes. · A copy of the form must be provided immediately to the other melUbers of the ag~l'h~Y. . The fc:rm must be read publicly at the next meeting afber the form hdiled. I J CE FO~M as. REV. 1195 PAGE 1 ]AN-07-1997 09:36 FROM I' _, Ius i.=, Ele,::t ions TO Ed ':'1 eIJ 1.37,e t-. F'.02 ~ "IfIttI/I IF YOU MA~ NO A'I'1'EMPT TO INFLUENCE THE DECISION EX.CEPT BY Dlti0USSION AT THE MEBTING: : You muat diadose orally the nature of your conflict in th~ mewmro? before participating, . You must complete the fonn and file it within 15 days at'tel' the vote cecum with the person responsible for recording the minutes of the ttle-eting. who mUAt inoorpor"atA thtl form in the m.inutQ~_ A copy of the form must be provided im:media~ly to thl! other mprn~'NI of the t\gf'ncy, and the fonn must ~ l"eadpublidy ll.t tho next rr;."'8ting nfl-~y the fot'm is filed. DISCLOSURE OF LOCAL OFFiCeR'S INTEREST r.--1~'\,~ R L 'L '-\."'t""L./ . hereby disclooo that on ~~v \ >-== ,19~: (a) A measure came or will come befote my 3g@n(y which (chad: one) -L inur>;d to my special private gain or loos; inured to the apedcl gain or lOBs of my husinB8S associate, inured to the special gsin or loss of my relative, inured to the speci6.l gain or loss of whom I am rete.iMd; or inured to the special gain or loss of ' which is the parent organizati"n 01" i!lubsidis.ry ofa principal which has retained me. (b) The m{lQ8ure before my 8tency and the nature of my conflJct:in~ interest in the meesure is .as fcliows: - A."'b~"", ~"'J rnt...&c. ~ -;....."''''''."1i""'~c:;.~.+c" eo... e:.\'(""......G-("c.o......V"T~u-J.~c at \i \...a. ""' d. \ ....(>-. C{ <:. Co nC.~ hi..... ~ 0.. .\.-u l- 01. f P- 0.. \ 10 -a- f \ c,- \"'~ ~ ,,'" e ,=u..: c.A ~... _ 'T""' _""'"" c> "" e . ""'=- I-v\c:> \" \\~ \-.(;0"""'.... s........\cc\\~J~,o...... \"\, EJ..~uua.\e..""" * u,;"w<-\..-\ - . c-.s ~ ,c:.... ~eo..) e,..,v...c r>' -- ~ r. L-...- 'A-::;' ~ ~ :::. ~ 0:. Y" ~ "" J. *'"'^ ~'f rc:-""'\ W ...... ~ 'r\\""" "" ~d""'^~ \ ~ -.c. ,-"v~...o '''' . oJ2. \t)Suc.. ^. e- \ T1r ~~ r...."t(r O"C.- f" . Q. ~cl \.::. "<. S ~-C-<- c 0 '~l::>~~~ 0.... . 'O'"~ ~ ,_ ~ ~. c! "'T"" . .-'r\..,.... "'" .~ u::.e...:> ~ , " .) C> \ C. 0 "^ ""^ , ('..) I (...\J..v..... c.\"", o-~ w"\ ..f'c..\~ ~ S ,",,, ,""",cl '" C> . by D?.u. }.'iled Now. :l. 2. I ~ <t., ~~J;:tJ -..--.--.- ~t\1re -- NOTICE: tJ"'NDER PROVISWNS OF FLORIDA STATUTES ~1l2.317~ A FAILURE TO 1i..\.KE A..~ REQuiRED DISCLO. SURE coNSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLO'\VING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFI-'ICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SAr.ARY~ REPR!MANI). OR A CNIL PENALTY NOT TO EXCEED $10,000. CE FORM aB . R~V_ 1195 PAGE 2